Sen. Kimberly A. Lightford
Filed: 5/26/2016
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1 | AMENDMENT TO HOUSE BILL 3190
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2 | AMENDMENT NO. ______. Amend House Bill 3190 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. This Act may be referred to as the Better | ||||||
5 | Funding for Better Schools Act. | ||||||
6 | Section 905. The Economic Development Area Tax Increment | ||||||
7 | Allocation Act is amended by changing Section 7 as follows:
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8 | (20 ILCS 620/7) (from Ch. 67 1/2, par. 1007)
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9 | Sec. 7. Creation of special tax allocation fund. If a | ||||||
10 | municipality
has adopted tax increment allocation financing | ||||||
11 | for an economic development
project area by ordinance, the | ||||||
12 | county clerk has thereafter certified the "total
initial | ||||||
13 | equalized assessed value" of the taxable real property within | ||||||
14 | such
economic development project area in the manner provided | ||||||
15 | in Section 6 of this
Act, and the Department has approved and |
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1 | certified the economic development
project area, each year | ||||||
2 | after the date of the certification by the county clerk
of the | ||||||
3 | "total initial equalized assessed value" until economic | ||||||
4 | development
project costs and all municipal obligations | ||||||
5 | financing economic development
project costs have been paid, | ||||||
6 | the ad valorem taxes, if any, arising from the
levies upon the | ||||||
7 | taxable real property in the economic development project area
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8 | by taxing districts and tax rates determined in the manner | ||||||
9 | provided in
subsection (b) of Section 6 of this Act shall be | ||||||
10 | divided as follows:
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11 | (1) That portion of the taxes levied upon each taxable lot, | ||||||
12 | block, tract
or parcel of real property which is attributable | ||||||
13 | to the lower of the current
equalized assessed value or the | ||||||
14 | initial equalized assessed value of each such
taxable lot, | ||||||
15 | block, tract, or parcel of real property existing at the time | ||||||
16 | tax
increment allocation financing was adopted, shall be | ||||||
17 | allocated to and when
collected shall be paid by the county | ||||||
18 | collector to the respective affected
taxing districts in the | ||||||
19 | manner required by law in the absence of the adoption
of tax | ||||||
20 | increment allocation financing.
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21 | (2) That portion, if any, of those taxes which is | ||||||
22 | attributable to the
increase in the current equalized assessed | ||||||
23 | valuation of each taxable lot,
block, tract, or parcel of real | ||||||
24 | property in the economic development project
area, over and | ||||||
25 | above the initial equalized assessed value of each property
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26 | existing at the time tax increment allocation financing was |
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1 | adopted,
shall be allocated to and when collected shall be paid | ||||||
2 | to the municipal
treasurer, who shall deposit those taxes into | ||||||
3 | a special fund called the special
tax allocation fund of the | ||||||
4 | municipality for the purpose of paying economic
development | ||||||
5 | project costs and obligations incurred in the payment thereof.
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6 | The municipality, by an ordinance adopting tax increment | ||||||
7 | allocation
financing, may pledge the funds in and to be | ||||||
8 | deposited in the special tax
allocation fund for the payment of | ||||||
9 | obligations issued under this Act and for
the payment of | ||||||
10 | economic development project costs. No part of the current
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11 | equalized assessed valuation of each property in the economic | ||||||
12 | development
project area attributable to any increase above the | ||||||
13 | total initial equalized
assessed value, of such properties | ||||||
14 | shall be used in calculating the general
State school aid | ||||||
15 | formula, provided for in Section 18-8 of the School Code, or | ||||||
16 | the primary State aid formula, provided for in Section 18-8.15 | ||||||
17 | of the School Code,
until such time as all economic development | ||||||
18 | projects costs have been paid as
provided for in this Section.
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19 | When the economic development project costs, including | ||||||
20 | without
limitation all municipal obligations financing | ||||||
21 | economic development project
costs incurred under this Act, | ||||||
22 | have been paid, all surplus funds then
remaining in the special | ||||||
23 | tax allocation fund shall be distributed by being
paid by the | ||||||
24 | municipal treasurer to the county collector, who shall
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25 | immediately thereafter pay those funds to the taxing districts | ||||||
26 | having
taxable property in the economic development project |
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1 | area in the same
manner and proportion as the most recent | ||||||
2 | distribution by the county
collector to those taxing districts | ||||||
3 | of real property taxes from real
property in the economic | ||||||
4 | development project area.
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5 | Upon the payment of all economic development project costs, | ||||||
6 | retirement of
obligations and the distribution of any excess | ||||||
7 | monies pursuant to this
Section the municipality shall adopt an | ||||||
8 | ordinance dissolving the special
tax allocation fund for the | ||||||
9 | economic development project area,
terminating the economic | ||||||
10 | development project area, and terminating the use
of tax | ||||||
11 | increment allocation financing for the economic development | ||||||
12 | project
area. Thereafter the rates of the taxing districts | ||||||
13 | shall be extended and taxes
levied, collected and distributed | ||||||
14 | in the manner applicable in the absence of
the adoption of tax | ||||||
15 | increment allocation financing.
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16 | Nothing in this Section shall be construed as relieving | ||||||
17 | property in
economic development project areas from being | ||||||
18 | assessed as provided in the
Property Tax Code, or as relieving
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19 | owners of that property from paying a uniform rate of taxes, as | ||||||
20 | required by
Section 4 of Article IX of the Illinois | ||||||
21 | Constitution.
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22 | (Source: P.A. 98-463, eff. 8-16-13.)
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23 | Section 910. The State Finance Act is amended by changing | ||||||
24 | Section 13.2 as follows:
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1 | (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
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2 | Sec. 13.2. Transfers among line item appropriations. | ||||||
3 | (a) Transfers among line item appropriations from the same
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4 | treasury fund for the objects specified in this Section may be | ||||||
5 | made in
the manner provided in this Section when the balance | ||||||
6 | remaining in one or
more such line item appropriations is | ||||||
7 | insufficient for the purpose for
which the appropriation was | ||||||
8 | made. | ||||||
9 | (a-1) No transfers may be made from one
agency to another | ||||||
10 | agency, nor may transfers be made from one institution
of | ||||||
11 | higher education to another institution of higher education | ||||||
12 | except as provided by subsection (a-4).
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13 | (a-2) Except as otherwise provided in this Section, | ||||||
14 | transfers may be made only among the objects of expenditure | ||||||
15 | enumerated
in this Section, except that no funds may be | ||||||
16 | transferred from any
appropriation for personal services, from | ||||||
17 | any appropriation for State
contributions to the State | ||||||
18 | Employees' Retirement System, from any
separate appropriation | ||||||
19 | for employee retirement contributions paid by the
employer, nor | ||||||
20 | from any appropriation for State contribution for
employee | ||||||
21 | group insurance. During State fiscal year 2005, an agency may | ||||||
22 | transfer amounts among its appropriations within the same | ||||||
23 | treasury fund for personal services, employee retirement | ||||||
24 | contributions paid by employer, and State Contributions to | ||||||
25 | retirement systems; notwithstanding and in addition to the | ||||||
26 | transfers authorized in subsection (c) of this Section, the |
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1 | fiscal year 2005 transfers authorized in this sentence may be | ||||||
2 | made in an amount not to exceed 2% of the aggregate amount | ||||||
3 | appropriated to an agency within the same treasury fund. During | ||||||
4 | State fiscal year 2007, the Departments of Children and Family | ||||||
5 | Services, Corrections, Human Services, and Juvenile Justice | ||||||
6 | may transfer amounts among their respective appropriations | ||||||
7 | within the same treasury fund for personal services, employee | ||||||
8 | retirement contributions paid by employer, and State | ||||||
9 | contributions to retirement systems. During State fiscal year | ||||||
10 | 2010, the Department of Transportation may transfer amounts | ||||||
11 | among their respective appropriations within the same treasury | ||||||
12 | fund for personal services, employee retirement contributions | ||||||
13 | paid by employer, and State contributions to retirement | ||||||
14 | systems. During State fiscal years 2010 and 2014 only, an | ||||||
15 | agency may transfer amounts among its respective | ||||||
16 | appropriations within the same treasury fund for personal | ||||||
17 | services, employee retirement contributions paid by employer, | ||||||
18 | and State contributions to retirement systems. | ||||||
19 | Notwithstanding, and in addition to, the transfers authorized | ||||||
20 | in subsection (c) of this Section, these transfers may be made | ||||||
21 | in an amount not to exceed 2% of the aggregate amount | ||||||
22 | appropriated to an agency within the same treasury fund.
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23 | (a-2.5) During State fiscal year 2015 only, the State's | ||||||
24 | Attorneys Appellate Prosecutor may transfer amounts among its | ||||||
25 | respective appropriations contained in operational line items | ||||||
26 | within the same treasury fund. Notwithstanding, and in addition |
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1 | to, the transfers authorized in subsection (c) of this Section, | ||||||
2 | these transfers may be made in an amount not to exceed 4% of | ||||||
3 | the aggregate amount appropriated to the State's Attorneys | ||||||
4 | Appellate Prosecutor within the same treasury fund. | ||||||
5 | (a-3) Further, if an agency receives a separate
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6 | appropriation for employee retirement contributions paid by | ||||||
7 | the employer,
any transfer by that agency into an appropriation | ||||||
8 | for personal services
must be accompanied by a corresponding | ||||||
9 | transfer into the appropriation for
employee retirement | ||||||
10 | contributions paid by the employer, in an amount
sufficient to | ||||||
11 | meet the employer share of the employee contributions
required | ||||||
12 | to be remitted to the retirement system. | ||||||
13 | (a-4) Long-Term Care Rebalancing. The Governor may | ||||||
14 | designate amounts set aside for institutional services | ||||||
15 | appropriated from the General Revenue Fund or any other State | ||||||
16 | fund that receives monies for long-term care services to be | ||||||
17 | transferred to all State agencies responsible for the | ||||||
18 | administration of community-based long-term care programs, | ||||||
19 | including, but not limited to, community-based long-term care | ||||||
20 | programs administered by the Department of Healthcare and | ||||||
21 | Family Services, the Department of Human Services, and the | ||||||
22 | Department on Aging, provided that the Director of Healthcare | ||||||
23 | and Family Services first certifies that the amounts being | ||||||
24 | transferred are necessary for the purpose of assisting persons | ||||||
25 | in or at risk of being in institutional care to transition to | ||||||
26 | community-based settings, including the financial data needed |
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1 | to prove the need for the transfer of funds. The total amounts | ||||||
2 | transferred shall not exceed 4% in total of the amounts | ||||||
3 | appropriated from the General Revenue Fund or any other State | ||||||
4 | fund that receives monies for long-term care services for each | ||||||
5 | fiscal year. A notice of the fund transfer must be made to the | ||||||
6 | General Assembly and posted at a minimum on the Department of | ||||||
7 | Healthcare and Family Services website, the Governor's Office | ||||||
8 | of Management and Budget website, and any other website the | ||||||
9 | Governor sees fit. These postings shall serve as notice to the | ||||||
10 | General Assembly of the amounts to be transferred. Notice shall | ||||||
11 | be given at least 30 days prior to transfer. | ||||||
12 | (b) In addition to the general transfer authority provided | ||||||
13 | under
subsection (c), the following agencies have the specific | ||||||
14 | transfer authority
granted in this subsection: | ||||||
15 | The Department of Healthcare and Family Services is | ||||||
16 | authorized to make transfers
representing savings attributable | ||||||
17 | to not increasing grants due to the
births of additional | ||||||
18 | children from line items for payments of cash grants to
line | ||||||
19 | items for payments for employment and social services for the | ||||||
20 | purposes
outlined in subsection (f) of Section 4-2 of the | ||||||
21 | Illinois Public Aid Code. | ||||||
22 | The Department of Children and Family Services is | ||||||
23 | authorized to make
transfers not exceeding 2% of the aggregate | ||||||
24 | amount appropriated to it within
the same treasury fund for the | ||||||
25 | following line items among these same line
items: Foster Home | ||||||
26 | and Specialized Foster Care and Prevention, Institutions
and |
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1 | Group Homes and Prevention, and Purchase of Adoption and | ||||||
2 | Guardianship
Services. | ||||||
3 | The Department on Aging is authorized to make transfers not
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4 | exceeding 2% of the aggregate amount appropriated to it within | ||||||
5 | the same
treasury fund for the following Community Care Program | ||||||
6 | line items among these
same line items: purchase of services | ||||||
7 | covered by the Community Care Program and Comprehensive Case | ||||||
8 | Coordination. | ||||||
9 | The State Treasurer is authorized to make transfers among | ||||||
10 | line item
appropriations
from the Capital Litigation Trust | ||||||
11 | Fund, with respect to costs incurred in
fiscal years 2002 and | ||||||
12 | 2003 only, when the balance remaining in one or
more such
line | ||||||
13 | item appropriations is insufficient for the purpose for which | ||||||
14 | the
appropriation was
made, provided that no such transfer may | ||||||
15 | be made unless the amount transferred
is no
longer required for | ||||||
16 | the purpose for which that appropriation was made. | ||||||
17 | The State Board of Education is authorized to make | ||||||
18 | transfers from line item appropriations within the same | ||||||
19 | treasury fund for General State Aid , and General State Aid - | ||||||
20 | Hold Harmless, Primary State Aid, and Hold Harmless State | ||||||
21 | Funding, provided that no such transfer may be made unless the | ||||||
22 | amount transferred is no longer required for the purpose for | ||||||
23 | which that appropriation was made, to the line item | ||||||
24 | appropriation for Transitional Assistance when the balance | ||||||
25 | remaining in such line item appropriation is insufficient for | ||||||
26 | the purpose for which the appropriation was made. |
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1 | The State Board of Education is authorized to make | ||||||
2 | transfers between the following line item appropriations | ||||||
3 | within the same treasury fund: Disabled Student | ||||||
4 | Services/Materials (Section 14-13.01 of the School Code), | ||||||
5 | Disabled Student Transportation Reimbursement (Section | ||||||
6 | 14-13.01 of the School Code), Disabled Student Tuition - | ||||||
7 | Private Tuition (Section 14-7.02 of the School Code), | ||||||
8 | Extraordinary Special Education (Section 14-7.02b of the | ||||||
9 | School Code), Reimbursement for Free Lunch/Breakfast Program, | ||||||
10 | Summer School Payments (Section 18-4.3 of the School Code), and | ||||||
11 | Transportation - Regular/Vocational Reimbursement (Section | ||||||
12 | 29-5 of the School Code). Such transfers shall be made only | ||||||
13 | when the balance remaining in one or more such line item | ||||||
14 | appropriations is insufficient for the purpose for which the | ||||||
15 | appropriation was made and provided that no such transfer may | ||||||
16 | be made unless the amount transferred is no longer required for | ||||||
17 | the purpose for which that appropriation was made. | ||||||
18 | The Department of Healthcare and Family Services is | ||||||
19 | authorized to make transfers not exceeding 4% of the aggregate | ||||||
20 | amount appropriated to it, within the same treasury fund, among | ||||||
21 | the various line items appropriated for Medical Assistance. | ||||||
22 | (c) The sum of such transfers for an agency in a fiscal | ||||||
23 | year shall not
exceed 2% of the aggregate amount appropriated | ||||||
24 | to it within the same treasury
fund for the following objects: | ||||||
25 | Personal Services; Extra Help; Student and
Inmate | ||||||
26 | Compensation; State Contributions to Retirement Systems; State
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1 | Contributions to Social Security; State Contribution for | ||||||
2 | Employee Group
Insurance; Contractual Services; Travel; | ||||||
3 | Commodities; Printing; Equipment;
Electronic Data Processing; | ||||||
4 | Operation of Automotive Equipment;
Telecommunications | ||||||
5 | Services; Travel and Allowance for Committed, Paroled
and | ||||||
6 | Discharged Prisoners; Library Books; Federal Matching Grants | ||||||
7 | for
Student Loans; Refunds; Workers' Compensation, | ||||||
8 | Occupational Disease, and
Tort Claims; and, in appropriations | ||||||
9 | to institutions of higher education,
Awards and Grants. | ||||||
10 | Notwithstanding the above, any amounts appropriated for
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11 | payment of workers' compensation claims to an agency to which | ||||||
12 | the authority
to evaluate, administer and pay such claims has | ||||||
13 | been delegated by the
Department of Central Management Services | ||||||
14 | may be transferred to any other
expenditure object where such | ||||||
15 | amounts exceed the amount necessary for the
payment of such | ||||||
16 | claims. | ||||||
17 | (c-1) Special provisions for State fiscal year 2003. | ||||||
18 | Notwithstanding any
other provision of this Section to the | ||||||
19 | contrary, for State fiscal year 2003
only, transfers among line | ||||||
20 | item appropriations to an agency from the same
treasury fund | ||||||
21 | may be made provided that the sum of such transfers for an | ||||||
22 | agency
in State fiscal year 2003 shall not exceed 3% of the | ||||||
23 | aggregate amount
appropriated to that State agency for State | ||||||
24 | fiscal year 2003 for the following
objects: personal services, | ||||||
25 | except that no transfer may be approved which
reduces the | ||||||
26 | aggregate appropriations for personal services within an |
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1 | agency;
extra help; student and inmate compensation; State
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2 | contributions to retirement systems; State contributions to | ||||||
3 | social security;
State contributions for employee group | ||||||
4 | insurance; contractual services; travel;
commodities; | ||||||
5 | printing; equipment; electronic data processing; operation of
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6 | automotive equipment; telecommunications services; travel and | ||||||
7 | allowance for
committed, paroled, and discharged prisoners; | ||||||
8 | library books; federal matching
grants for student loans; | ||||||
9 | refunds; workers' compensation, occupational disease,
and tort | ||||||
10 | claims; and, in appropriations to institutions of higher | ||||||
11 | education,
awards and grants. | ||||||
12 | (c-2) Special provisions for State fiscal year 2005. | ||||||
13 | Notwithstanding subsections (a), (a-2), and (c), for State | ||||||
14 | fiscal year 2005 only, transfers may be made among any line | ||||||
15 | item appropriations from the same or any other treasury fund | ||||||
16 | for any objects or purposes, without limitation, when the | ||||||
17 | balance remaining in one or more such line item appropriations | ||||||
18 | is insufficient for the purpose for which the appropriation was | ||||||
19 | made, provided that the sum of those transfers by a State | ||||||
20 | agency shall not exceed 4% of the aggregate amount appropriated | ||||||
21 | to that State agency for fiscal year 2005.
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22 | (c-3) Special provisions for State fiscal year 2015. | ||||||
23 | Notwithstanding any other provision of this Section, for State | ||||||
24 | fiscal year 2015, transfers among line item appropriations to a | ||||||
25 | State agency from the same State treasury fund may be made for | ||||||
26 | operational or lump sum expenses only, provided that the sum of |
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1 | such transfers for a State agency in State fiscal year 2015 | ||||||
2 | shall not exceed 4% of the aggregate amount appropriated to | ||||||
3 | that State agency for operational or lump sum expenses for | ||||||
4 | State fiscal year 2015. For the purpose of this subsection, | ||||||
5 | "operational or lump sum expenses" includes the following | ||||||
6 | objects: personal services; extra help; student and inmate | ||||||
7 | compensation; State contributions to retirement systems; State | ||||||
8 | contributions to social security; State contributions for | ||||||
9 | employee group insurance; contractual services; travel; | ||||||
10 | commodities; printing; equipment; electronic data processing; | ||||||
11 | operation of automotive equipment; telecommunications | ||||||
12 | services; travel and allowance for committed, paroled, and | ||||||
13 | discharged prisoners; library books; federal matching grants | ||||||
14 | for student loans; refunds; workers' compensation, | ||||||
15 | occupational disease, and tort claims; lump sum and other | ||||||
16 | purposes; and lump sum operations. For the purpose of this | ||||||
17 | subsection (c-3), "State agency" does not include the Attorney | ||||||
18 | General, the Secretary of State, the Comptroller, the | ||||||
19 | Treasurer, or the legislative or judicial branches. | ||||||
20 | (d) Transfers among appropriations made to agencies of the | ||||||
21 | Legislative
and Judicial departments and to the | ||||||
22 | constitutionally elected officers in the
Executive branch | ||||||
23 | require the approval of the officer authorized in Section 10
of | ||||||
24 | this Act to approve and certify vouchers. Transfers among | ||||||
25 | appropriations
made to the University of Illinois, Southern | ||||||
26 | Illinois University, Chicago State
University, Eastern |
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1 | Illinois University, Governors State University, Illinois
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2 | State University, Northeastern Illinois University, Northern | ||||||
3 | Illinois
University, Western Illinois University, the Illinois | ||||||
4 | Mathematics and Science
Academy and the Board of Higher | ||||||
5 | Education require the approval of the Board of
Higher Education | ||||||
6 | and the Governor. Transfers among appropriations to all other
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7 | agencies require the approval of the Governor. | ||||||
8 | The officer responsible for approval shall certify that the
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9 | transfer is necessary to carry out the programs and purposes | ||||||
10 | for which
the appropriations were made by the General Assembly | ||||||
11 | and shall transmit
to the State Comptroller a certified copy of | ||||||
12 | the approval which shall
set forth the specific amounts | ||||||
13 | transferred so that the Comptroller may
change his records | ||||||
14 | accordingly. The Comptroller shall furnish the
Governor with | ||||||
15 | information copies of all transfers approved for agencies
of | ||||||
16 | the Legislative and Judicial departments and transfers | ||||||
17 | approved by
the constitutionally elected officials of the | ||||||
18 | Executive branch other
than the Governor, showing the amounts | ||||||
19 | transferred and indicating the
dates such changes were entered | ||||||
20 | on the Comptroller's records. | ||||||
21 | (e) The State Board of Education, in consultation with the | ||||||
22 | State Comptroller, may transfer line item appropriations for | ||||||
23 | General State Aid or Primary State Aid between the Common | ||||||
24 | School Fund and the Education Assistance Fund. With the advice | ||||||
25 | and consent of the Governor's Office of Management and Budget, | ||||||
26 | the State Board of Education, in consultation with the State |
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1 | Comptroller, may transfer line item appropriations between the | ||||||
2 | General Revenue Fund and the Education Assistance Fund for the | ||||||
3 | following programs: | ||||||
4 | (1) Disabled Student Personnel Reimbursement (Section | ||||||
5 | 14-13.01 of the School Code); | ||||||
6 | (2) Disabled Student Transportation Reimbursement | ||||||
7 | (subsection (b) of Section 14-13.01 of the School Code); | ||||||
8 | (3) Disabled Student Tuition - Private Tuition | ||||||
9 | (Section 14-7.02 of the School Code); | ||||||
10 | (4) Extraordinary Special Education (Section 14-7.02b | ||||||
11 | of the School Code); | ||||||
12 | (5) Reimbursement for Free Lunch/Breakfast Programs; | ||||||
13 | (6) Summer School Payments (Section 18-4.3 of the | ||||||
14 | School Code); | ||||||
15 | (7) Transportation - Regular/Vocational Reimbursement | ||||||
16 | (Section 29-5 of the School Code); | ||||||
17 | (8) Regular Education Reimbursement (Section 18-3 of | ||||||
18 | the School Code); and | ||||||
19 | (9) Special Education Reimbursement (Section 14-7.03 | ||||||
20 | of the School Code). | ||||||
21 | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-2, | ||||||
22 | eff. 3-26-15.)
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23 | Section 915. The Property Tax Code is amended by changing | ||||||
24 | Sections 18-200 and 18-249 as follows:
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1 | (35 ILCS 200/18-200)
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2 | Sec. 18-200. School Code. A school district's State aid | ||||||
3 | shall not be
reduced under the computation under subsections | ||||||
4 | 5(a) through 5(h) of Part A of
Section 18-8 of the School Code | ||||||
5 | or under subsection (e) of Section 18-8.15 of the School Code | ||||||
6 | due to the operating tax rate falling from
above the minimum | ||||||
7 | requirement of that Section of the School Code to below the
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8 | minimum requirement of that Section of the School Code due to | ||||||
9 | the operation of
this Law.
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10 | (Source: P.A. 87-17; 88-455.)
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11 | (35 ILCS 200/18-249)
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12 | Sec. 18-249. Miscellaneous provisions.
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13 | (a) Certification of new property. For the 1994 levy year, | ||||||
14 | the chief county
assessment officer shall certify to the county | ||||||
15 | clerk, after all changes by the
board of review or board of | ||||||
16 | appeals, as the case may be, the assessed value of
new property | ||||||
17 | by taxing district for the 1994 levy year under rules | ||||||
18 | promulgated
by the Department.
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19 | (b) School Code. A school district's State aid shall not be | ||||||
20 | reduced under
the computation under subsections 5(a) through | ||||||
21 | 5(h) of Part A of Section 18-8
of the School Code or under | ||||||
22 | subsection (e) of Section 18-8.15 of the School Code due to the
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23 | operating tax rate falling from above the minimum requirement | ||||||
24 | of that Section
of the School Code to below the minimum | ||||||
25 | requirement of that Section of the
School Code due to the |
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| |||||||
1 | operation of this Law.
| ||||||
2 | (c) Rules. The Department shall make and promulgate | ||||||
3 | reasonable rules
relating to the administration of the purposes | ||||||
4 | and provisions of Sections
18-246 through 18-249 as may be | ||||||
5 | necessary or appropriate.
| ||||||
6 | (Source: P.A. 89-1, eff. 2-12-95.)
| ||||||
7 | Section 917. The Illinois Pension Code is amended by | ||||||
8 | changing Sections 16-158 and 17-127 as follows:
| ||||||
9 | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
| ||||||
10 | (Text of Section WITH the changes made by P.A. 98-599, | ||||||
11 | which has been held unconstitutional)
| ||||||
12 | Sec. 16-158. Contributions by State and other employing | ||||||
13 | units.
| ||||||
14 | (a) The State shall make contributions to the System by | ||||||
15 | means of
appropriations from the Common School Fund and other | ||||||
16 | State funds of amounts
which, together with other employer | ||||||
17 | contributions, employee contributions,
investment income, and | ||||||
18 | other income, will be sufficient to meet the cost of
| ||||||
19 | maintaining and administering the System on a 100% funded basis | ||||||
20 | in accordance
with actuarial recommendations by the end of | ||||||
21 | State fiscal year 2044.
| ||||||
22 | The Board shall determine the amount of State contributions | ||||||
23 | required for
each fiscal year on the basis of the actuarial | ||||||
24 | tables and other assumptions
adopted by the Board and the |
| |||||||
| |||||||
1 | recommendations of the actuary, using the formula
in subsection | ||||||
2 | (b-3).
| ||||||
3 | (a-1) Annually, on or before November 15 through November | ||||||
4 | 15, 2011, the Board shall certify to the
Governor the amount of | ||||||
5 | the required State contribution for the coming fiscal
year. The | ||||||
6 | certification under this subsection (a-1) shall include a copy | ||||||
7 | of the actuarial recommendations
upon which it is based.
| ||||||
8 | On or before May 1, 2004, the Board shall recalculate and | ||||||
9 | recertify to
the Governor the amount of the required State | ||||||
10 | contribution to the System for
State fiscal year 2005, taking | ||||||
11 | into account the amounts appropriated to and
received by the | ||||||
12 | System under subsection (d) of Section 7.2 of the General
| ||||||
13 | Obligation Bond Act.
| ||||||
14 | On or before July 1, 2005, the Board shall recalculate and | ||||||
15 | recertify
to the Governor the amount of the required State
| ||||||
16 | contribution to the System for State fiscal year 2006, taking | ||||||
17 | into account the changes in required State contributions made | ||||||
18 | by this amendatory Act of the 94th General Assembly.
| ||||||
19 | On or before April 1, 2011, the Board shall recalculate and | ||||||
20 | recertify to the Governor the amount of the required State | ||||||
21 | contribution to the System for State fiscal year 2011, applying | ||||||
22 | the changes made by Public Act 96-889 to the System's assets | ||||||
23 | and liabilities as of June 30, 2009 as though Public Act 96-889 | ||||||
24 | was approved on that date. | ||||||
25 | (a-5) On or before November 1 of each year, beginning | ||||||
26 | November 1, 2012, the Board shall submit to the State Actuary, |
| |||||||
| |||||||
1 | the Governor, and the General Assembly a proposed certification | ||||||
2 | of the amount of the required State contribution to the System | ||||||
3 | for the next fiscal year, along with all of the actuarial | ||||||
4 | assumptions, calculations, and data upon which that proposed | ||||||
5 | certification is based. On or before January 1 of each year, | ||||||
6 | beginning January 1, 2013, the State Actuary shall issue a | ||||||
7 | preliminary report concerning the proposed certification and | ||||||
8 | identifying, if necessary, recommended changes in actuarial | ||||||
9 | assumptions that the Board must consider before finalizing its | ||||||
10 | certification of the required State contributions. | ||||||
11 | On or before January 15, 2013 and each January 15 | ||||||
12 | thereafter, the Board shall certify to the Governor and the | ||||||
13 | General Assembly the amount of the required State contribution | ||||||
14 | for the next fiscal year. The certification shall include a | ||||||
15 | copy of the actuarial
recommendations upon which it is based | ||||||
16 | and shall specifically identify the System's projected State | ||||||
17 | normal cost for that fiscal year. The Board's certification | ||||||
18 | must note any deviations from the State Actuary's recommended | ||||||
19 | changes, the reason or reasons for not following the State | ||||||
20 | Actuary's recommended changes, and the fiscal impact of not | ||||||
21 | following the State Actuary's recommended changes on the | ||||||
22 | required State contribution. | ||||||
23 | (a-10) For purposes of Section (c-5) of Section 20 of the | ||||||
24 | Budget Stabilization Act, on or before November 1 of each year | ||||||
25 | beginning November 1, 2014, the Board shall determine the | ||||||
26 | amount of the State contribution to the System that would have |
| |||||||
| |||||||
1 | been required for the next fiscal year if this amendatory Act | ||||||
2 | of the 98th General Assembly had not taken effect, using the | ||||||
3 | best and most recent available data but based on the law in | ||||||
4 | effect on May 31, 2014. The Board shall submit to the State | ||||||
5 | Actuary, the Governor, and the General Assembly a proposed | ||||||
6 | certification, along with the relevant law, actuarial | ||||||
7 | assumptions, calculations, and data upon which that | ||||||
8 | certification is based. On or before January 1, 2015 and every | ||||||
9 | January 1 thereafter, the State Actuary shall issue a | ||||||
10 | preliminary report concerning the proposed certification and | ||||||
11 | identifying, if necessary, recommended changes in actuarial | ||||||
12 | assumptions that the Board must consider before finalizing its | ||||||
13 | certification. On or before January 15, 2015 and every January | ||||||
14 | 1 thereafter, the Board shall certify to the Governor and the | ||||||
15 | General Assembly the amount of the State contribution to the | ||||||
16 | System that would have been required for the next fiscal year | ||||||
17 | if this amendatory Act of the 98th General Assembly had not | ||||||
18 | taken effect, using the best and most recent available data but | ||||||
19 | based on the law in effect on May 31, 2014. The Board's | ||||||
20 | certification must note any deviations from the State Actuary's | ||||||
21 | recommended changes, the reason or reasons for not following | ||||||
22 | the State Actuary's recommended changes, and the impact of not | ||||||
23 | following the State Actuary's recommended changes. | ||||||
24 | (b) Through State fiscal year 1995, the State contributions | ||||||
25 | shall be
paid to the System in accordance with Section 18-7 of | ||||||
26 | the School Code.
|
| |||||||
| |||||||
1 | (b-1) Beginning in State fiscal year 1996, on the 15th day | ||||||
2 | of each month,
or as soon thereafter as may be practicable, the | ||||||
3 | Board shall submit vouchers
for payment of State contributions | ||||||
4 | to the System, in a total monthly amount of
one-twelfth of the | ||||||
5 | required annual State contribution certified under
subsection | ||||||
6 | (a-1).
From the
effective date of this amendatory Act of the | ||||||
7 | 93rd General Assembly
through June 30, 2004, the Board shall | ||||||
8 | not submit vouchers for the
remainder of fiscal year 2004 in | ||||||
9 | excess of the fiscal year 2004
certified contribution amount | ||||||
10 | determined under this Section
after taking into consideration | ||||||
11 | the transfer to the System
under subsection (a) of Section | ||||||
12 | 6z-61 of the State Finance Act.
These vouchers shall be paid by | ||||||
13 | the State Comptroller and
Treasurer by warrants drawn on the | ||||||
14 | funds appropriated to the System for that
fiscal year.
| ||||||
15 | If in any month the amount remaining unexpended from all | ||||||
16 | other appropriations
to the System for the applicable fiscal | ||||||
17 | year (including the appropriations to
the System under Section | ||||||
18 | 8.12 of the State Finance Act and Section 1 of the
State | ||||||
19 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
20 | amount
lawfully vouchered under this subsection, the | ||||||
21 | difference shall be paid from the
Common School Fund under the | ||||||
22 | continuing appropriation authority provided in
Section 1.1 of | ||||||
23 | the State Pension Funds Continuing Appropriation Act.
| ||||||
24 | (b-2) Allocations from the Common School Fund apportioned | ||||||
25 | to school
districts not coming under this System shall not be | ||||||
26 | diminished or affected by
the provisions of this Article.
|
| |||||||
| |||||||
1 | (b-3) For State fiscal years 2015 through 2044, the minimum | ||||||
2 | contribution
to the System to be made by the State for each | ||||||
3 | fiscal year shall be an amount
determined by the System to be | ||||||
4 | equal to the sum of (1) the State's portion of the projected | ||||||
5 | normal cost for that fiscal year, plus (2) an amount sufficient | ||||||
6 | to bring the total assets of the
System up to 100% of the total | ||||||
7 | actuarial liabilities of the System by the end of
State fiscal | ||||||
8 | year 2044. In making these determinations, the required State
| ||||||
9 | contribution shall be calculated each year as a level | ||||||
10 | percentage of payroll
over the years remaining to and including | ||||||
11 | fiscal year 2044 and shall be
determined under the projected | ||||||
12 | unit cost method for fiscal year 2015 and under the entry age | ||||||
13 | normal actuarial cost method for fiscal years 2016 through | ||||||
14 | 2044. | ||||||
15 | For State fiscal years 2012 through 2014, the minimum | ||||||
16 | contribution
to the System to be made by the State for each | ||||||
17 | fiscal year shall be an amount
determined by the System to be | ||||||
18 | sufficient to bring the total assets of the
System up to 90% of | ||||||
19 | the total actuarial liabilities of the System by the end of
| ||||||
20 | State fiscal year 2045. In making these determinations, the | ||||||
21 | required State
contribution shall be calculated each year as a | ||||||
22 | level percentage of payroll
over the years remaining to and | ||||||
23 | including fiscal year 2045 and shall be
determined under the | ||||||
24 | projected unit credit actuarial cost method.
| ||||||
25 | For State fiscal years 1996 through 2005, the State | ||||||
26 | contribution to the
System, as a percentage of the applicable |
| |||||||
| |||||||
1 | employee payroll, shall be increased
in equal annual increments | ||||||
2 | so that by State fiscal year 2011, the State is
contributing at | ||||||
3 | the rate required under this Section; except that in the
| ||||||
4 | following specified State fiscal years, the State contribution | ||||||
5 | to the System
shall not be less than the following indicated | ||||||
6 | percentages of the applicable
employee payroll, even if the | ||||||
7 | indicated percentage will produce a State
contribution in | ||||||
8 | excess of the amount otherwise required under this subsection
| ||||||
9 | and subsection (a), and notwithstanding any contrary | ||||||
10 | certification made under
subsection (a-1) before the effective | ||||||
11 | date of this amendatory Act of 1998:
10.02% in FY 1999;
10.77% | ||||||
12 | in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% in FY | ||||||
13 | 2003; and
13.56% in FY 2004.
| ||||||
14 | Notwithstanding any other provision of this Article, the | ||||||
15 | total required State
contribution for State fiscal year 2006 is | ||||||
16 | $534,627,700.
| ||||||
17 | Notwithstanding any other provision of this Article, the | ||||||
18 | total required State
contribution for State fiscal year 2007 is | ||||||
19 | $738,014,500.
| ||||||
20 | For each of State fiscal years 2008 through 2009, the State | ||||||
21 | contribution to
the System, as a percentage of the applicable | ||||||
22 | employee payroll, shall be
increased in equal annual increments | ||||||
23 | from the required State contribution for State fiscal year | ||||||
24 | 2007, so that by State fiscal year 2011, the
State is | ||||||
25 | contributing at the rate otherwise required under this Section.
| ||||||
26 | Notwithstanding any other provision of this Article, the |
| |||||||
| |||||||
1 | total required State contribution for State fiscal year 2010 is | ||||||
2 | $2,089,268,000 and shall be made from the proceeds of bonds | ||||||
3 | sold in fiscal year 2010 pursuant to Section 7.2 of the General | ||||||
4 | Obligation Bond Act, less (i) the pro rata share of bond sale | ||||||
5 | expenses determined by the System's share of total bond | ||||||
6 | proceeds, (ii) any amounts received from the Common School Fund | ||||||
7 | in fiscal year 2010, and (iii) any reduction in bond proceeds | ||||||
8 | due to the issuance of discounted bonds, if applicable. | ||||||
9 | Notwithstanding any other provision of this Article, the
| ||||||
10 | total required State contribution for State fiscal year 2011 is
| ||||||
11 | the amount recertified by the System on or before April 1, 2011 | ||||||
12 | pursuant to subsection (a-1) of this Section and shall be made | ||||||
13 | from the proceeds of bonds
sold in fiscal year 2011 pursuant to | ||||||
14 | Section 7.2 of the General
Obligation Bond Act, less (i) the | ||||||
15 | pro rata share of bond sale
expenses determined by the System's | ||||||
16 | share of total bond
proceeds, (ii) any amounts received from | ||||||
17 | the Common School Fund
in fiscal year 2011, and (iii) any | ||||||
18 | reduction in bond proceeds
due to the issuance of discounted | ||||||
19 | bonds, if applicable. This amount shall include, in addition to | ||||||
20 | the amount certified by the System, an amount necessary to meet | ||||||
21 | employer contributions required by the State as an employer | ||||||
22 | under paragraph (e) of this Section, which may also be used by | ||||||
23 | the System for contributions required by paragraph (a) of | ||||||
24 | Section 16-127. | ||||||
25 | Beginning in State fiscal year 2045, the minimum State | ||||||
26 | contribution for each fiscal year shall be the amount needed to |
| |||||||
| |||||||
1 | maintain the total assets of the System at 100% of the total | ||||||
2 | actuarial liabilities of the System.
| ||||||
3 | Amounts received by the System pursuant to Section 25 of | ||||||
4 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
5 | Finance Act in any fiscal year do not reduce and do not | ||||||
6 | constitute payment of any portion of the minimum State | ||||||
7 | contribution required under this Article in that fiscal year. | ||||||
8 | Such amounts shall not reduce, and shall not be included in the | ||||||
9 | calculation of, the required State contributions under this | ||||||
10 | Article in any future year until the System has reached a | ||||||
11 | funding ratio of at least 100%. A reference in this Article to | ||||||
12 | the "required State contribution" or any substantially similar | ||||||
13 | term does not include or apply to any amounts payable to the | ||||||
14 | System under Section 25 of the Budget Stabilization Act. | ||||||
15 | Notwithstanding any other provision of this Section, the | ||||||
16 | required State
contribution for State fiscal year 2005 and for | ||||||
17 | fiscal year 2008 and each fiscal year thereafter through State | ||||||
18 | fiscal year 2014, as
calculated under this Section and
| ||||||
19 | certified under subsection (a-1), shall not exceed an amount | ||||||
20 | equal to (i) the
amount of the required State contribution that | ||||||
21 | would have been calculated under
this Section for that fiscal | ||||||
22 | year if the System had not received any payments
under | ||||||
23 | subsection (d) of Section 7.2 of the General Obligation Bond | ||||||
24 | Act, minus
(ii) the portion of the State's total debt service | ||||||
25 | payments for that fiscal
year on the bonds issued in fiscal | ||||||
26 | year 2003 for the purposes of that Section 7.2, as determined
|
| |||||||
| |||||||
1 | and certified by the Comptroller, that is the same as the | ||||||
2 | System's portion of
the total moneys distributed under | ||||||
3 | subsection (d) of Section 7.2 of the General
Obligation Bond | ||||||
4 | Act. In determining this maximum for State fiscal years 2008 | ||||||
5 | through 2010, however, the amount referred to in item (i) shall | ||||||
6 | be increased, as a percentage of the applicable employee | ||||||
7 | payroll, in equal increments calculated from the sum of the | ||||||
8 | required State contribution for State fiscal year 2007 plus the | ||||||
9 | applicable portion of the State's total debt service payments | ||||||
10 | for fiscal year 2007 on the bonds issued in fiscal year 2003 | ||||||
11 | for the purposes of Section 7.2 of the General
Obligation Bond | ||||||
12 | Act, so that, by State fiscal year 2011, the
State is | ||||||
13 | contributing at the rate otherwise required under this Section.
| ||||||
14 | (c) Payment of the required State contributions and of all | ||||||
15 | pensions,
retirement annuities, death benefits, refunds, and | ||||||
16 | other benefits granted
under or assumed by this System, and all | ||||||
17 | expenses in connection with the
administration and operation | ||||||
18 | thereof, are obligations of the State.
| ||||||
19 | If members are paid from special trust or federal funds | ||||||
20 | which are
administered by the employing unit, whether school | ||||||
21 | district or other
unit, the employing unit shall pay to the | ||||||
22 | System from such
funds the full accruing retirement costs based | ||||||
23 | upon that
service, which, beginning July 1, 2016 2014 , shall be | ||||||
24 | at a rate, expressed as a percentage of salary, equal to the | ||||||
25 | total employer's minimum contribution
to the System to be made | ||||||
26 | by the State for that fiscal year, including both normal cost |
| |||||||
| |||||||
1 | and unfunded liability components , expressed as a percentage of | ||||||
2 | payroll, as determined by the System under subsection (b-3) of | ||||||
3 | this Section . Employer contributions, based on
salary paid to | ||||||
4 | members from federal funds, may be forwarded by the | ||||||
5 | distributing
agency of the State of Illinois to the System | ||||||
6 | prior to allocation, in an
amount determined in accordance with | ||||||
7 | guidelines established by such
agency and the System. Any | ||||||
8 | contribution for fiscal year 2015 collected as a result of the | ||||||
9 | change made by this amendatory Act of the 98th General Assembly | ||||||
10 | shall be considered a State contribution under subsection (b-3) | ||||||
11 | of this Section.
| ||||||
12 | (d) Effective July 1, 1986, any employer of a teacher as | ||||||
13 | defined in
paragraph (8) of Section 16-106 shall pay the | ||||||
14 | employer's normal cost
of benefits based upon the teacher's | ||||||
15 | service, in addition to
employee contributions, as determined | ||||||
16 | by the System. Such employer
contributions shall be forwarded | ||||||
17 | monthly in accordance with guidelines
established by the | ||||||
18 | System.
| ||||||
19 | However, with respect to benefits granted under Section | ||||||
20 | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) | ||||||
21 | of Section 16-106, the
employer's contribution shall be 12% | ||||||
22 | (rather than 20%) of the member's
highest annual salary rate | ||||||
23 | for each year of creditable service granted, and
the employer | ||||||
24 | shall also pay the required employee contribution on behalf of
| ||||||
25 | the teacher. For the purposes of Sections 16-133.4 and | ||||||
26 | 16-133.5, a teacher
as defined in paragraph (8) of Section |
| |||||||
| |||||||
1 | 16-106 who is serving in that capacity
while on leave of | ||||||
2 | absence from another employer under this Article shall not
be | ||||||
3 | considered an employee of the employer from which the teacher | ||||||
4 | is on leave.
| ||||||
5 | (e) Beginning July 1, 1998, every employer of a teacher
| ||||||
6 | shall pay to the System an employer contribution computed as | ||||||
7 | follows:
| ||||||
8 | (1) Beginning July 1, 1998 through June 30, 1999, the | ||||||
9 | employer
contribution shall be equal to 0.3% of each | ||||||
10 | teacher's salary.
| ||||||
11 | (2) Beginning July 1, 1999 and thereafter, the employer
| ||||||
12 | contribution shall be equal to 0.58% of each teacher's | ||||||
13 | salary.
| ||||||
14 | The school district or other employing unit may pay these | ||||||
15 | employer
contributions out of any source of funding available | ||||||
16 | for that purpose and
shall forward the contributions to the | ||||||
17 | System on the schedule established
for the payment of member | ||||||
18 | contributions.
| ||||||
19 | These employer contributions are intended to offset a | ||||||
20 | portion of the cost
to the System of the increases in | ||||||
21 | retirement benefits resulting from this
amendatory Act of 1998.
| ||||||
22 | Each employer of teachers is entitled to a credit against | ||||||
23 | the contributions
required under this subsection (e) with | ||||||
24 | respect to salaries paid to teachers
for the period January 1, | ||||||
25 | 2002 through June 30, 2003, equal to the amount paid
by that | ||||||
26 | employer under subsection (a-5) of Section 6.6 of the State |
| |||||||
| |||||||
1 | Employees
Group Insurance Act of 1971 with respect to salaries | ||||||
2 | paid to teachers for that
period.
| ||||||
3 | The additional 1% employee contribution required under | ||||||
4 | Section 16-152 by
this amendatory Act of 1998 is the | ||||||
5 | responsibility of the teacher and not the
teacher's employer, | ||||||
6 | unless the employer agrees, through collective bargaining
or | ||||||
7 | otherwise, to make the contribution on behalf of the teacher.
| ||||||
8 | If an employer is required by a contract in effect on May | ||||||
9 | 1, 1998 between the
employer and an employee organization to | ||||||
10 | pay, on behalf of all its full-time
employees
covered by this | ||||||
11 | Article, all mandatory employee contributions required under
| ||||||
12 | this Article, then the employer shall be excused from paying | ||||||
13 | the employer
contribution required under this subsection (e) | ||||||
14 | for the balance of the term
of that contract. The employer and | ||||||
15 | the employee organization shall jointly
certify to the System | ||||||
16 | the existence of the contractual requirement, in such
form as | ||||||
17 | the System may prescribe. This exclusion shall cease upon the
| ||||||
18 | termination, extension, or renewal of the contract at any time | ||||||
19 | after May 1,
1998.
| ||||||
20 | (f) If the amount of a teacher's salary for any school year | ||||||
21 | used to determine final average salary exceeds the member's | ||||||
22 | annual full-time salary rate with the same employer for the | ||||||
23 | previous school year by more than 6%, the teacher's employer | ||||||
24 | shall pay to the System, in addition to all other payments | ||||||
25 | required under this Section and in accordance with guidelines | ||||||
26 | established by the System, the present value of the increase in |
| |||||||
| |||||||
1 | benefits resulting from the portion of the increase in salary | ||||||
2 | that is in excess of 6%. This present value shall be computed | ||||||
3 | by the System on the basis of the actuarial assumptions and | ||||||
4 | tables used in the most recent actuarial valuation of the | ||||||
5 | System that is available at the time of the computation. If a | ||||||
6 | teacher's salary for the 2005-2006 school year is used to | ||||||
7 | determine final average salary under this subsection (f), then | ||||||
8 | the changes made to this subsection (f) by Public Act 94-1057 | ||||||
9 | shall apply in calculating whether the increase in his or her | ||||||
10 | salary is in excess of 6%. For the purposes of this Section, | ||||||
11 | change in employment under Section 10-21.12 of the School Code | ||||||
12 | on or after June 1, 2005 shall constitute a change in employer. | ||||||
13 | The System may require the employer to provide any pertinent | ||||||
14 | information or documentation.
The changes made to this | ||||||
15 | subsection (f) by this amendatory Act of the 94th General | ||||||
16 | Assembly apply without regard to whether the teacher was in | ||||||
17 | service on or after its effective date.
| ||||||
18 | Whenever it determines that a payment is or may be required | ||||||
19 | under this subsection, the System shall calculate the amount of | ||||||
20 | the payment and bill the employer for that amount. The bill | ||||||
21 | shall specify the calculations used to determine the amount | ||||||
22 | due. If the employer disputes the amount of the bill, it may, | ||||||
23 | within 30 days after receipt of the bill, apply to the System | ||||||
24 | in writing for a recalculation. The application must specify in | ||||||
25 | detail the grounds of the dispute and, if the employer asserts | ||||||
26 | that the calculation is subject to subsection (g) or (h) of |
| |||||||
| |||||||
1 | this Section, must include an affidavit setting forth and | ||||||
2 | attesting to all facts within the employer's knowledge that are | ||||||
3 | pertinent to the applicability of that subsection. Upon | ||||||
4 | receiving a timely application for recalculation, the System | ||||||
5 | shall review the application and, if appropriate, recalculate | ||||||
6 | the amount due.
| ||||||
7 | The employer contributions required under this subsection | ||||||
8 | (f) may be paid in the form of a lump sum within 90 days after | ||||||
9 | receipt of the bill. If the employer contributions are not paid | ||||||
10 | within 90 days after receipt of the bill, then interest will be | ||||||
11 | charged at a rate equal to the System's annual actuarially | ||||||
12 | assumed rate of return on investment compounded annually from | ||||||
13 | the 91st day after receipt of the bill. Payments must be | ||||||
14 | concluded within 3 years after the employer's receipt of the | ||||||
15 | bill.
| ||||||
16 | (g) This subsection (g) applies only to payments made or | ||||||
17 | salary increases given on or after June 1, 2005 but before July | ||||||
18 | 1, 2011. The changes made by Public Act 94-1057 shall not | ||||||
19 | require the System to refund any payments received before
July | ||||||
20 | 31, 2006 (the effective date of Public Act 94-1057). | ||||||
21 | When assessing payment for any amount due under subsection | ||||||
22 | (f), the System shall exclude salary increases paid to teachers | ||||||
23 | under contracts or collective bargaining agreements entered | ||||||
24 | into, amended, or renewed before June 1, 2005.
| ||||||
25 | When assessing payment for any amount due under subsection | ||||||
26 | (f), the System shall exclude salary increases paid to a |
| |||||||
| |||||||
1 | teacher at a time when the teacher is 10 or more years from | ||||||
2 | retirement eligibility under Section 16-132 or 16-133.2.
| ||||||
3 | When assessing payment for any amount due under subsection | ||||||
4 | (f), the System shall exclude salary increases resulting from | ||||||
5 | overload work, including summer school, when the school | ||||||
6 | district has certified to the System, and the System has | ||||||
7 | approved the certification, that (i) the overload work is for | ||||||
8 | the sole purpose of classroom instruction in excess of the | ||||||
9 | standard number of classes for a full-time teacher in a school | ||||||
10 | district during a school year and (ii) the salary increases are | ||||||
11 | equal to or less than the rate of pay for classroom instruction | ||||||
12 | computed on the teacher's current salary and work schedule.
| ||||||
13 | When assessing payment for any amount due under subsection | ||||||
14 | (f), the System shall exclude a salary increase resulting from | ||||||
15 | a promotion (i) for which the employee is required to hold a | ||||||
16 | certificate or supervisory endorsement issued by the State | ||||||
17 | Teacher Certification Board that is a different certification | ||||||
18 | or supervisory endorsement than is required for the teacher's | ||||||
19 | previous position and (ii) to a position that has existed and | ||||||
20 | been filled by a member for no less than one complete academic | ||||||
21 | year and the salary increase from the promotion is an increase | ||||||
22 | that results in an amount no greater than the lesser of the | ||||||
23 | average salary paid for other similar positions in the district | ||||||
24 | requiring the same certification or the amount stipulated in | ||||||
25 | the collective bargaining agreement for a similar position | ||||||
26 | requiring the same certification.
|
| |||||||
| |||||||
1 | When assessing payment for any amount due under subsection | ||||||
2 | (f), the System shall exclude any payment to the teacher from | ||||||
3 | the State of Illinois or the State Board of Education over | ||||||
4 | which the employer does not have discretion, notwithstanding | ||||||
5 | that the payment is included in the computation of final | ||||||
6 | average salary.
| ||||||
7 | (h) When assessing payment for any amount due under | ||||||
8 | subsection (f), the System shall exclude any salary increase | ||||||
9 | described in subsection (g) of this Section given on or after | ||||||
10 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
11 | collective bargaining agreement entered into, amended, or | ||||||
12 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
13 | Notwithstanding any other provision of this Section, any | ||||||
14 | payments made or salary increases given after June 30, 2014 | ||||||
15 | shall be used in assessing payment for any amount due under | ||||||
16 | subsection (f) of this Section.
| ||||||
17 | (i) The System shall prepare a report and file copies of | ||||||
18 | the report with the Governor and the General Assembly by | ||||||
19 | January 1, 2007 that contains all of the following information: | ||||||
20 | (1) The number of recalculations required by the | ||||||
21 | changes made to this Section by Public Act 94-1057 for each | ||||||
22 | employer. | ||||||
23 | (2) The dollar amount by which each employer's | ||||||
24 | contribution to the System was changed due to | ||||||
25 | recalculations required by Public Act 94-1057. | ||||||
26 | (3) The total amount the System received from each |
| |||||||
| |||||||
1 | employer as a result of the changes made to this Section by | ||||||
2 | Public Act 94-4. | ||||||
3 | (4) The increase in the required State contribution | ||||||
4 | resulting from the changes made to this Section by Public | ||||||
5 | Act 94-1057.
| ||||||
6 | (j) For purposes of determining the required State | ||||||
7 | contribution to the System, the value of the System's assets | ||||||
8 | shall be equal to the actuarial value of the System's assets, | ||||||
9 | which shall be calculated as follows: | ||||||
10 | As of June 30, 2008, the actuarial value of the System's | ||||||
11 | assets shall be equal to the market value of the assets as of | ||||||
12 | that date. In determining the actuarial value of the System's | ||||||
13 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
14 | gains or losses from investment return incurred in a fiscal | ||||||
15 | year shall be recognized in equal annual amounts over the | ||||||
16 | 5-year period following that fiscal year. | ||||||
17 | (k) For purposes of determining the required State | ||||||
18 | contribution to the system for a particular year, the actuarial | ||||||
19 | value of assets shall be assumed to earn a rate of return equal | ||||||
20 | to the system's actuarially assumed rate of return. | ||||||
21 | (Source: P.A. 97-694, eff. 6-18-12; 97-813, eff. 7-13-12; | ||||||
22 | 98-599, eff. 6-1-14 ; 98-674, eff. 6-30-14.) | ||||||
23 | (Text of Section WITHOUT the changes made by P.A. 98-599, | ||||||
24 | which has been held unconstitutional)
| ||||||
25 | Sec. 16-158. Contributions by State and other employing |
| |||||||
| |||||||
1 | units.
| ||||||
2 | (a) The State shall make contributions to the System by | ||||||
3 | means of
appropriations from the Common School Fund and other | ||||||
4 | State funds of amounts
which, together with other employer | ||||||
5 | contributions, employee contributions,
investment income, and | ||||||
6 | other income, will be sufficient to meet the cost of
| ||||||
7 | maintaining and administering the System on a 90% funded basis | ||||||
8 | in accordance
with actuarial recommendations.
| ||||||
9 | The Board shall determine the amount of State contributions | ||||||
10 | required for
each fiscal year on the basis of the actuarial | ||||||
11 | tables and other assumptions
adopted by the Board and the | ||||||
12 | recommendations of the actuary, using the formula
in subsection | ||||||
13 | (b-3).
| ||||||
14 | (a-1) Annually, on or before November 15 until November 15, | ||||||
15 | 2011, the Board shall certify to the
Governor the amount of the | ||||||
16 | required State contribution for the coming fiscal
year. The | ||||||
17 | certification under this subsection (a-1) shall include a copy | ||||||
18 | of the actuarial recommendations
upon which it is based and | ||||||
19 | shall specifically identify the System's projected State | ||||||
20 | normal cost for that fiscal year.
| ||||||
21 | On or before May 1, 2004, the Board shall recalculate and | ||||||
22 | recertify to
the Governor the amount of the required State | ||||||
23 | contribution to the System for
State fiscal year 2005, taking | ||||||
24 | into account the amounts appropriated to and
received by the | ||||||
25 | System under subsection (d) of Section 7.2 of the General
| ||||||
26 | Obligation Bond Act.
|
| |||||||
| |||||||
1 | On or before July 1, 2005, the Board shall recalculate and | ||||||
2 | recertify
to the Governor the amount of the required State
| ||||||
3 | contribution to the System for State fiscal year 2006, taking | ||||||
4 | into account the changes in required State contributions made | ||||||
5 | by this amendatory Act of the 94th General Assembly.
| ||||||
6 | On or before April 1, 2011, the Board shall recalculate and | ||||||
7 | recertify to the Governor the amount of the required State | ||||||
8 | contribution to the System for State fiscal year 2011, applying | ||||||
9 | the changes made by Public Act 96-889 to the System's assets | ||||||
10 | and liabilities as of June 30, 2009 as though Public Act 96-889 | ||||||
11 | was approved on that date. | ||||||
12 | (a-5) On or before November 1 of each year, beginning | ||||||
13 | November 1, 2012, the Board shall submit to the State Actuary, | ||||||
14 | the Governor, and the General Assembly a proposed certification | ||||||
15 | of the amount of the required State contribution to the System | ||||||
16 | for the next fiscal year, along with all of the actuarial | ||||||
17 | assumptions, calculations, and data upon which that proposed | ||||||
18 | certification is based. On or before January 1 of each year, | ||||||
19 | beginning January 1, 2013, the State Actuary shall issue a | ||||||
20 | preliminary report concerning the proposed certification and | ||||||
21 | identifying, if necessary, recommended changes in actuarial | ||||||
22 | assumptions that the Board must consider before finalizing its | ||||||
23 | certification of the required State contributions. On or before | ||||||
24 | January 15, 2013 and each January 15 thereafter, the Board | ||||||
25 | shall certify to the Governor and the General Assembly the | ||||||
26 | amount of the required State contribution for the next fiscal |
| |||||||
| |||||||
1 | year. The Board's certification must note any deviations from | ||||||
2 | the State Actuary's recommended changes, the reason or reasons | ||||||
3 | for not following the State Actuary's recommended changes, and | ||||||
4 | the fiscal impact of not following the State Actuary's | ||||||
5 | recommended changes on the required State contribution. | ||||||
6 | (b) Through State fiscal year 1995, the State contributions | ||||||
7 | shall be
paid to the System in accordance with Section 18-7 of | ||||||
8 | the School Code.
| ||||||
9 | (b-1) Beginning in State fiscal year 1996, on the 15th day | ||||||
10 | of each month,
or as soon thereafter as may be practicable, the | ||||||
11 | Board shall submit vouchers
for payment of State contributions | ||||||
12 | to the System, in a total monthly amount of
one-twelfth of the | ||||||
13 | required annual State contribution certified under
subsection | ||||||
14 | (a-1).
From the
effective date of this amendatory Act of the | ||||||
15 | 93rd General Assembly
through June 30, 2004, the Board shall | ||||||
16 | not submit vouchers for the
remainder of fiscal year 2004 in | ||||||
17 | excess of the fiscal year 2004
certified contribution amount | ||||||
18 | determined under this Section
after taking into consideration | ||||||
19 | the transfer to the System
under subsection (a) of Section | ||||||
20 | 6z-61 of the State Finance Act.
These vouchers shall be paid by | ||||||
21 | the State Comptroller and
Treasurer by warrants drawn on the | ||||||
22 | funds appropriated to the System for that
fiscal year.
| ||||||
23 | If in any month the amount remaining unexpended from all | ||||||
24 | other appropriations
to the System for the applicable fiscal | ||||||
25 | year (including the appropriations to
the System under Section | ||||||
26 | 8.12 of the State Finance Act and Section 1 of the
State |
| |||||||
| |||||||
1 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
2 | amount
lawfully vouchered under this subsection, the | ||||||
3 | difference shall be paid from the
Common School Fund under the | ||||||
4 | continuing appropriation authority provided in
Section 1.1 of | ||||||
5 | the State Pension Funds Continuing Appropriation Act.
| ||||||
6 | (b-2) Allocations from the Common School Fund apportioned | ||||||
7 | to school
districts not coming under this System shall not be | ||||||
8 | diminished or affected by
the provisions of this Article.
| ||||||
9 | (b-3) For State fiscal years 2012 through 2045, the minimum | ||||||
10 | contribution
to the System to be made by the State for each | ||||||
11 | fiscal year shall be an amount
determined by the System to be | ||||||
12 | sufficient to bring the total assets of the
System up to 90% of | ||||||
13 | the total actuarial liabilities of the System by the end of
| ||||||
14 | State fiscal year 2045. In making these determinations, the | ||||||
15 | required State
contribution shall be calculated each year as a | ||||||
16 | level percentage of payroll
over the years remaining to and | ||||||
17 | including fiscal year 2045 and shall be
determined under the | ||||||
18 | projected unit credit actuarial cost method.
| ||||||
19 | For State fiscal years 1996 through 2005, the State | ||||||
20 | contribution to the
System, as a percentage of the applicable | ||||||
21 | employee payroll, shall be increased
in equal annual increments | ||||||
22 | so that by State fiscal year 2011, the State is
contributing at | ||||||
23 | the rate required under this Section; except that in the
| ||||||
24 | following specified State fiscal years, the State contribution | ||||||
25 | to the System
shall not be less than the following indicated | ||||||
26 | percentages of the applicable
employee payroll, even if the |
| |||||||
| |||||||
1 | indicated percentage will produce a State
contribution in | ||||||
2 | excess of the amount otherwise required under this subsection
| ||||||
3 | and subsection (a), and notwithstanding any contrary | ||||||
4 | certification made under
subsection (a-1) before the effective | ||||||
5 | date of this amendatory Act of 1998:
10.02% in FY 1999;
10.77% | ||||||
6 | in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% in FY | ||||||
7 | 2003; and
13.56% in FY 2004.
| ||||||
8 | Notwithstanding any other provision of this Article, the | ||||||
9 | total required State
contribution for State fiscal year 2006 is | ||||||
10 | $534,627,700.
| ||||||
11 | Notwithstanding any other provision of this Article, the | ||||||
12 | total required State
contribution for State fiscal year 2007 is | ||||||
13 | $738,014,500.
| ||||||
14 | For each of State fiscal years 2008 through 2009, the State | ||||||
15 | contribution to
the System, as a percentage of the applicable | ||||||
16 | employee payroll, shall be
increased in equal annual increments | ||||||
17 | from the required State contribution for State fiscal year | ||||||
18 | 2007, so that by State fiscal year 2011, the
State is | ||||||
19 | contributing at the rate otherwise required under this Section.
| ||||||
20 | Notwithstanding any other provision of this Article, the | ||||||
21 | total required State contribution for State fiscal year 2010 is | ||||||
22 | $2,089,268,000 and shall be made from the proceeds of bonds | ||||||
23 | sold in fiscal year 2010 pursuant to Section 7.2 of the General | ||||||
24 | Obligation Bond Act, less (i) the pro rata share of bond sale | ||||||
25 | expenses determined by the System's share of total bond | ||||||
26 | proceeds, (ii) any amounts received from the Common School Fund |
| |||||||
| |||||||
1 | in fiscal year 2010, and (iii) any reduction in bond proceeds | ||||||
2 | due to the issuance of discounted bonds, if applicable. | ||||||
3 | Notwithstanding any other provision of this Article, the
| ||||||
4 | total required State contribution for State fiscal year 2011 is
| ||||||
5 | the amount recertified by the System on or before April 1, 2011 | ||||||
6 | pursuant to subsection (a-1) of this Section and shall be made | ||||||
7 | from the proceeds of bonds
sold in fiscal year 2011 pursuant to | ||||||
8 | Section 7.2 of the General
Obligation Bond Act, less (i) the | ||||||
9 | pro rata share of bond sale
expenses determined by the System's | ||||||
10 | share of total bond
proceeds, (ii) any amounts received from | ||||||
11 | the Common School Fund
in fiscal year 2011, and (iii) any | ||||||
12 | reduction in bond proceeds
due to the issuance of discounted | ||||||
13 | bonds, if applicable. This amount shall include, in addition to | ||||||
14 | the amount certified by the System, an amount necessary to meet | ||||||
15 | employer contributions required by the State as an employer | ||||||
16 | under paragraph (e) of this Section, which may also be used by | ||||||
17 | the System for contributions required by paragraph (a) of | ||||||
18 | Section 16-127. | ||||||
19 | Beginning in State fiscal year 2046, the minimum State | ||||||
20 | contribution for
each fiscal year shall be the amount needed to | ||||||
21 | maintain the total assets of
the System at 90% of the total | ||||||
22 | actuarial liabilities of the System.
| ||||||
23 | Amounts received by the System pursuant to Section 25 of | ||||||
24 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
25 | Finance Act in any fiscal year do not reduce and do not | ||||||
26 | constitute payment of any portion of the minimum State |
| |||||||
| |||||||
1 | contribution required under this Article in that fiscal year. | ||||||
2 | Such amounts shall not reduce, and shall not be included in the | ||||||
3 | calculation of, the required State contributions under this | ||||||
4 | Article in any future year until the System has reached a | ||||||
5 | funding ratio of at least 90%. A reference in this Article to | ||||||
6 | the "required State contribution" or any substantially similar | ||||||
7 | term does not include or apply to any amounts payable to the | ||||||
8 | System under Section 25 of the Budget Stabilization Act. | ||||||
9 | Notwithstanding any other provision of this Section, the | ||||||
10 | required State
contribution for State fiscal year 2005 and for | ||||||
11 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
12 | under this Section and
certified under subsection (a-1), shall | ||||||
13 | not exceed an amount equal to (i) the
amount of the required | ||||||
14 | State contribution that would have been calculated under
this | ||||||
15 | Section for that fiscal year if the System had not received any | ||||||
16 | payments
under subsection (d) of Section 7.2 of the General | ||||||
17 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
18 | total debt service payments for that fiscal
year on the bonds | ||||||
19 | issued in fiscal year 2003 for the purposes of that Section | ||||||
20 | 7.2, as determined
and certified by the Comptroller, that is | ||||||
21 | the same as the System's portion of
the total moneys | ||||||
22 | distributed under subsection (d) of Section 7.2 of the General
| ||||||
23 | Obligation Bond Act. In determining this maximum for State | ||||||
24 | fiscal years 2008 through 2010, however, the amount referred to | ||||||
25 | in item (i) shall be increased, as a percentage of the | ||||||
26 | applicable employee payroll, in equal increments calculated |
| |||||||
| |||||||
1 | from the sum of the required State contribution for State | ||||||
2 | fiscal year 2007 plus the applicable portion of the State's | ||||||
3 | total debt service payments for fiscal year 2007 on the bonds | ||||||
4 | issued in fiscal year 2003 for the purposes of Section 7.2 of | ||||||
5 | the General
Obligation Bond Act, so that, by State fiscal year | ||||||
6 | 2011, the
State is contributing at the rate otherwise required | ||||||
7 | under this Section.
| ||||||
8 | (c) Payment of the required State contributions and of all | ||||||
9 | pensions,
retirement annuities, death benefits, refunds, and | ||||||
10 | other benefits granted
under or assumed by this System, and all | ||||||
11 | expenses in connection with the
administration and operation | ||||||
12 | thereof, are obligations of the State.
| ||||||
13 | If members are paid from special trust or federal funds | ||||||
14 | which are
administered by the employing unit, whether school | ||||||
15 | district or other
unit, the employing unit shall pay to the | ||||||
16 | System from such
funds the full accruing retirement costs based | ||||||
17 | upon that
service, which, beginning July 1, 2016 2014 , shall be | ||||||
18 | at a rate, expressed as a percentage of salary, equal to the | ||||||
19 | total employer's minimum contribution
to the System to be made | ||||||
20 | by the State for that fiscal year, including both normal cost | ||||||
21 | and unfunded liability components , expressed as a percentage of | ||||||
22 | payroll, as determined by the System under subsection (b-3) of | ||||||
23 | this Section . Employer contributions, based on
salary paid to | ||||||
24 | members from federal funds, may be forwarded by the | ||||||
25 | distributing
agency of the State of Illinois to the System | ||||||
26 | prior to allocation, in an
amount determined in accordance with |
| |||||||
| |||||||
1 | guidelines established by such
agency and the System. Any | ||||||
2 | contribution for fiscal year 2015 collected as a result of the | ||||||
3 | change made by this amendatory Act of the 98th General Assembly | ||||||
4 | shall be considered a State contribution under subsection (b-3) | ||||||
5 | of this Section.
| ||||||
6 | (d) Effective July 1, 1986, any employer of a teacher as | ||||||
7 | defined in
paragraph (8) of Section 16-106 shall pay the | ||||||
8 | employer's normal cost
of benefits based upon the teacher's | ||||||
9 | service, in addition to
employee contributions, as determined | ||||||
10 | by the System. Such employer
contributions shall be forwarded | ||||||
11 | monthly in accordance with guidelines
established by the | ||||||
12 | System.
| ||||||
13 | However, with respect to benefits granted under Section | ||||||
14 | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) | ||||||
15 | of Section 16-106, the
employer's contribution shall be 12% | ||||||
16 | (rather than 20%) of the member's
highest annual salary rate | ||||||
17 | for each year of creditable service granted, and
the employer | ||||||
18 | shall also pay the required employee contribution on behalf of
| ||||||
19 | the teacher. For the purposes of Sections 16-133.4 and | ||||||
20 | 16-133.5, a teacher
as defined in paragraph (8) of Section | ||||||
21 | 16-106 who is serving in that capacity
while on leave of | ||||||
22 | absence from another employer under this Article shall not
be | ||||||
23 | considered an employee of the employer from which the teacher | ||||||
24 | is on leave.
| ||||||
25 | (e) Beginning July 1, 1998, every employer of a teacher
| ||||||
26 | shall pay to the System an employer contribution computed as |
| |||||||
| |||||||
1 | follows:
| ||||||
2 | (1) Beginning July 1, 1998 through June 30, 1999, the | ||||||
3 | employer
contribution shall be equal to 0.3% of each | ||||||
4 | teacher's salary.
| ||||||
5 | (2) Beginning July 1, 1999 and thereafter, the employer
| ||||||
6 | contribution shall be equal to 0.58% of each teacher's | ||||||
7 | salary.
| ||||||
8 | The school district or other employing unit may pay these | ||||||
9 | employer
contributions out of any source of funding available | ||||||
10 | for that purpose and
shall forward the contributions to the | ||||||
11 | System on the schedule established
for the payment of member | ||||||
12 | contributions.
| ||||||
13 | These employer contributions are intended to offset a | ||||||
14 | portion of the cost
to the System of the increases in | ||||||
15 | retirement benefits resulting from this
amendatory Act of 1998.
| ||||||
16 | Each employer of teachers is entitled to a credit against | ||||||
17 | the contributions
required under this subsection (e) with | ||||||
18 | respect to salaries paid to teachers
for the period January 1, | ||||||
19 | 2002 through June 30, 2003, equal to the amount paid
by that | ||||||
20 | employer under subsection (a-5) of Section 6.6 of the State | ||||||
21 | Employees
Group Insurance Act of 1971 with respect to salaries | ||||||
22 | paid to teachers for that
period.
| ||||||
23 | The additional 1% employee contribution required under | ||||||
24 | Section 16-152 by
this amendatory Act of 1998 is the | ||||||
25 | responsibility of the teacher and not the
teacher's employer, | ||||||
26 | unless the employer agrees, through collective bargaining
or |
| |||||||
| |||||||
1 | otherwise, to make the contribution on behalf of the teacher.
| ||||||
2 | If an employer is required by a contract in effect on May | ||||||
3 | 1, 1998 between the
employer and an employee organization to | ||||||
4 | pay, on behalf of all its full-time
employees
covered by this | ||||||
5 | Article, all mandatory employee contributions required under
| ||||||
6 | this Article, then the employer shall be excused from paying | ||||||
7 | the employer
contribution required under this subsection (e) | ||||||
8 | for the balance of the term
of that contract. The employer and | ||||||
9 | the employee organization shall jointly
certify to the System | ||||||
10 | the existence of the contractual requirement, in such
form as | ||||||
11 | the System may prescribe. This exclusion shall cease upon the
| ||||||
12 | termination, extension, or renewal of the contract at any time | ||||||
13 | after May 1,
1998.
| ||||||
14 | (f) If the amount of a teacher's salary for any school year | ||||||
15 | used to determine final average salary exceeds the member's | ||||||
16 | annual full-time salary rate with the same employer for the | ||||||
17 | previous school year by more than 6%, the teacher's employer | ||||||
18 | shall pay to the System, in addition to all other payments | ||||||
19 | required under this Section and in accordance with guidelines | ||||||
20 | established by the System, the present value of the increase in | ||||||
21 | benefits resulting from the portion of the increase in salary | ||||||
22 | that is in excess of 6%. This present value shall be computed | ||||||
23 | by the System on the basis of the actuarial assumptions and | ||||||
24 | tables used in the most recent actuarial valuation of the | ||||||
25 | System that is available at the time of the computation. If a | ||||||
26 | teacher's salary for the 2005-2006 school year is used to |
| |||||||
| |||||||
1 | determine final average salary under this subsection (f), then | ||||||
2 | the changes made to this subsection (f) by Public Act 94-1057 | ||||||
3 | shall apply in calculating whether the increase in his or her | ||||||
4 | salary is in excess of 6%. For the purposes of this Section, | ||||||
5 | change in employment under Section 10-21.12 of the School Code | ||||||
6 | on or after June 1, 2005 shall constitute a change in employer. | ||||||
7 | The System may require the employer to provide any pertinent | ||||||
8 | information or documentation.
The changes made to this | ||||||
9 | subsection (f) by this amendatory Act of the 94th General | ||||||
10 | Assembly apply without regard to whether the teacher was in | ||||||
11 | service on or after its effective date.
| ||||||
12 | Whenever it determines that a payment is or may be required | ||||||
13 | under this subsection, the System shall calculate the amount of | ||||||
14 | the payment and bill the employer for that amount. The bill | ||||||
15 | shall specify the calculations used to determine the amount | ||||||
16 | due. If the employer disputes the amount of the bill, it may, | ||||||
17 | within 30 days after receipt of the bill, apply to the System | ||||||
18 | in writing for a recalculation. The application must specify in | ||||||
19 | detail the grounds of the dispute and, if the employer asserts | ||||||
20 | that the calculation is subject to subsection (g) or (h) of | ||||||
21 | this Section, must include an affidavit setting forth and | ||||||
22 | attesting to all facts within the employer's knowledge that are | ||||||
23 | pertinent to the applicability of that subsection. Upon | ||||||
24 | receiving a timely application for recalculation, the System | ||||||
25 | shall review the application and, if appropriate, recalculate | ||||||
26 | the amount due.
|
| |||||||
| |||||||
1 | The employer contributions required under this subsection | ||||||
2 | (f) may be paid in the form of a lump sum within 90 days after | ||||||
3 | receipt of the bill. If the employer contributions are not paid | ||||||
4 | within 90 days after receipt of the bill, then interest will be | ||||||
5 | charged at a rate equal to the System's annual actuarially | ||||||
6 | assumed rate of return on investment compounded annually from | ||||||
7 | the 91st day after receipt of the bill. Payments must be | ||||||
8 | concluded within 3 years after the employer's receipt of the | ||||||
9 | bill.
| ||||||
10 | (g) This subsection (g) applies only to payments made or | ||||||
11 | salary increases given on or after June 1, 2005 but before July | ||||||
12 | 1, 2011. The changes made by Public Act 94-1057 shall not | ||||||
13 | require the System to refund any payments received before
July | ||||||
14 | 31, 2006 (the effective date of Public Act 94-1057). | ||||||
15 | When assessing payment for any amount due under subsection | ||||||
16 | (f), the System shall exclude salary increases paid to teachers | ||||||
17 | under contracts or collective bargaining agreements entered | ||||||
18 | into, amended, or renewed before June 1, 2005.
| ||||||
19 | When assessing payment for any amount due under subsection | ||||||
20 | (f), the System shall exclude salary increases paid to a | ||||||
21 | teacher at a time when the teacher is 10 or more years from | ||||||
22 | retirement eligibility under Section 16-132 or 16-133.2.
| ||||||
23 | When assessing payment for any amount due under subsection | ||||||
24 | (f), the System shall exclude salary increases resulting from | ||||||
25 | overload work, including summer school, when the school | ||||||
26 | district has certified to the System, and the System has |
| |||||||
| |||||||
1 | approved the certification, that (i) the overload work is for | ||||||
2 | the sole purpose of classroom instruction in excess of the | ||||||
3 | standard number of classes for a full-time teacher in a school | ||||||
4 | district during a school year and (ii) the salary increases are | ||||||
5 | equal to or less than the rate of pay for classroom instruction | ||||||
6 | computed on the teacher's current salary and work schedule.
| ||||||
7 | When assessing payment for any amount due under subsection | ||||||
8 | (f), the System shall exclude a salary increase resulting from | ||||||
9 | a promotion (i) for which the employee is required to hold a | ||||||
10 | certificate or supervisory endorsement issued by the State | ||||||
11 | Teacher Certification Board that is a different certification | ||||||
12 | or supervisory endorsement than is required for the teacher's | ||||||
13 | previous position and (ii) to a position that has existed and | ||||||
14 | been filled by a member for no less than one complete academic | ||||||
15 | year and the salary increase from the promotion is an increase | ||||||
16 | that results in an amount no greater than the lesser of the | ||||||
17 | average salary paid for other similar positions in the district | ||||||
18 | requiring the same certification or the amount stipulated in | ||||||
19 | the collective bargaining agreement for a similar position | ||||||
20 | requiring the same certification.
| ||||||
21 | When assessing payment for any amount due under subsection | ||||||
22 | (f), the System shall exclude any payment to the teacher from | ||||||
23 | the State of Illinois or the State Board of Education over | ||||||
24 | which the employer does not have discretion, notwithstanding | ||||||
25 | that the payment is included in the computation of final | ||||||
26 | average salary.
|
| |||||||
| |||||||
1 | (h) When assessing payment for any amount due under | ||||||
2 | subsection (f), the System shall exclude any salary increase | ||||||
3 | described in subsection (g) of this Section given on or after | ||||||
4 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
5 | collective bargaining agreement entered into, amended, or | ||||||
6 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
7 | Notwithstanding any other provision of this Section, any | ||||||
8 | payments made or salary increases given after June 30, 2014 | ||||||
9 | shall be used in assessing payment for any amount due under | ||||||
10 | subsection (f) of this Section.
| ||||||
11 | (i) The System shall prepare a report and file copies of | ||||||
12 | the report with the Governor and the General Assembly by | ||||||
13 | January 1, 2007 that contains all of the following information: | ||||||
14 | (1) The number of recalculations required by the | ||||||
15 | changes made to this Section by Public Act 94-1057 for each | ||||||
16 | employer. | ||||||
17 | (2) The dollar amount by which each employer's | ||||||
18 | contribution to the System was changed due to | ||||||
19 | recalculations required by Public Act 94-1057. | ||||||
20 | (3) The total amount the System received from each | ||||||
21 | employer as a result of the changes made to this Section by | ||||||
22 | Public Act 94-4. | ||||||
23 | (4) The increase in the required State contribution | ||||||
24 | resulting from the changes made to this Section by Public | ||||||
25 | Act 94-1057.
| ||||||
26 | (j) For purposes of determining the required State |
| |||||||
| |||||||
1 | contribution to the System, the value of the System's assets | ||||||
2 | shall be equal to the actuarial value of the System's assets, | ||||||
3 | which shall be calculated as follows: | ||||||
4 | As of June 30, 2008, the actuarial value of the System's | ||||||
5 | assets shall be equal to the market value of the assets as of | ||||||
6 | that date. In determining the actuarial value of the System's | ||||||
7 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
8 | gains or losses from investment return incurred in a fiscal | ||||||
9 | year shall be recognized in equal annual amounts over the | ||||||
10 | 5-year period following that fiscal year. | ||||||
11 | (k) For purposes of determining the required State | ||||||
12 | contribution to the system for a particular year, the actuarial | ||||||
13 | value of assets shall be assumed to earn a rate of return equal | ||||||
14 | to the system's actuarially assumed rate of return. | ||||||
15 | (Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; | ||||||
16 | 96-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-694, eff. | ||||||
17 | 6-18-12; 97-813, eff. 7-13-12; 98-674, eff. 6-30-14.)
| ||||||
18 | (40 ILCS 5/17-127) (from Ch. 108 1/2, par. 17-127)
| ||||||
19 | Sec. 17-127. Financing; revenues for the Fund.
| ||||||
20 | (a) The revenues for the Fund shall consist of: (1) amounts | ||||||
21 | paid into
the Fund by contributors thereto and from employer | ||||||
22 | contributions and State
appropriations in accordance with this | ||||||
23 | Article; (2) amounts contributed to the
Fund by an Employer; | ||||||
24 | (3) amounts contributed to the Fund pursuant to any law
now in | ||||||
25 | force or hereafter to be enacted; (4) contributions from any |
| |||||||
| |||||||
1 | other
source; and (5) the earnings on investments.
| ||||||
2 | (b) The General Assembly finds that for many years the | ||||||
3 | State has
contributed to the Fund an annual amount that is | ||||||
4 | between 20% and 30% of the
amount of the annual State | ||||||
5 | contribution to the Article 16 retirement system,
and the | ||||||
6 | General Assembly declares that it is its goal and intention to | ||||||
7 | continue
this level of contribution to the Fund in the future.
| ||||||
8 | (c) Beginning in State fiscal year 1999, the State shall | ||||||
9 | include in its annual
contribution to the Fund an additional | ||||||
10 | amount equal to 0.544% of the Fund's
total teacher payroll; | ||||||
11 | except that this additional contribution need not be
made in a | ||||||
12 | fiscal year if the Board has certified in the previous fiscal | ||||||
13 | year
that the Fund is at least 90% funded, based on actuarial | ||||||
14 | determinations. These
additional State contributions are | ||||||
15 | intended to offset a portion of the cost to
the Fund of the | ||||||
16 | increases in retirement benefits resulting from this | ||||||
17 | amendatory
Act of 1998.
| ||||||
18 | (d) In addition to any other contribution required under | ||||||
19 | this Article, including the contribution required under | ||||||
20 | subsection (c), for State fiscal year 2017, the State shall | ||||||
21 | contribute $205,404,986 to the Fund. | ||||||
22 | (Source: P.A. 90-548, eff. 12-4-97; 90-566, eff. 1-2-98; | ||||||
23 | 90-582, eff.
5-27-98; 90-655, eff. 7-30-98.)
| ||||||
24 | Section 920. The Innovation Development and Economy Act is | ||||||
25 | amended by changing Section 33 as follows: |
| |||||||
| |||||||
1 | (50 ILCS 470/33)
| ||||||
2 | Sec. 33. STAR Bonds School Improvement and Operations Trust | ||||||
3 | Fund. | ||||||
4 | (a) The STAR Bonds School Improvement and Operations Trust | ||||||
5 | Fund is created as a trust fund in the State treasury. Deposits | ||||||
6 | into the Trust Fund shall be made as provided under this | ||||||
7 | Section. Moneys in the Trust Fund shall be used by the | ||||||
8 | Department of Revenue only for the purpose of making payments | ||||||
9 | to school districts in educational service regions that include | ||||||
10 | or are adjacent to the STAR bond district. Moneys in the Trust | ||||||
11 | Fund are not subject to appropriation and shall be used solely | ||||||
12 | as provided in this Section. All deposits into the Trust Fund | ||||||
13 | shall be held in the Trust Fund by the State Treasurer as ex | ||||||
14 | officio custodian separate and apart from all public moneys or | ||||||
15 | funds of this State and shall be administered by the Department | ||||||
16 | exclusively for the purposes set forth in this Section. All | ||||||
17 | moneys in the Trust Fund shall be invested and reinvested by | ||||||
18 | the State Treasurer. All interest accruing from these | ||||||
19 | investments shall be deposited in the Trust Fund. | ||||||
20 | (b) Upon approval of a STAR bond district, the political | ||||||
21 | subdivision shall immediately transmit to the county clerk of | ||||||
22 | the county in which the district is located a certified copy of | ||||||
23 | the ordinance creating the district, a legal description of the | ||||||
24 | district, a map of the district, identification of the year | ||||||
25 | that the county clerk shall use for determining the total |
| |||||||
| |||||||
1 | initial equalized assessed value of the district consistent | ||||||
2 | with subsection (c), and a list of the parcel or tax | ||||||
3 | identification number of each parcel of property included in | ||||||
4 | the district. | ||||||
5 | (c) Upon approval of a STAR bond district, the county clerk | ||||||
6 | immediately thereafter shall determine (i) the most recently | ||||||
7 | ascertained equalized assessed value of each lot, block, tract, | ||||||
8 | or parcel of real property within the STAR bond district, from | ||||||
9 | which shall be deducted the homestead exemptions under Article | ||||||
10 | 15 of the Property Tax Code, which value shall be the initial | ||||||
11 | equalized assessed value of each such piece of property, and | ||||||
12 | (ii) the total equalized assessed value of all taxable real | ||||||
13 | property within the district by adding together the most | ||||||
14 | recently ascertained equalized assessed value of each taxable | ||||||
15 | lot, block, tract, or parcel of real property within the | ||||||
16 | district, from which shall be deducted the homestead exemptions | ||||||
17 | under Article 15 of the Property Tax Code, and shall certify | ||||||
18 | that amount as the total initial equalized assessed value of | ||||||
19 | the taxable real property within the STAR bond district. | ||||||
20 | (d) In reference to any STAR bond district created within | ||||||
21 | any political subdivision, and in respect to which the county | ||||||
22 | clerk has certified the total initial equalized assessed value | ||||||
23 | of the property in the area, the political subdivision may | ||||||
24 | thereafter request the clerk in writing to adjust the initial | ||||||
25 | equalized value of all taxable real property within the STAR | ||||||
26 | bond district by deducting therefrom the exemptions under |
| |||||||
| |||||||
1 | Article 15 of the Property Tax Code applicable to each lot, | ||||||
2 | block, tract, or parcel of real property within the STAR bond | ||||||
3 | district. The county clerk shall immediately, after the written | ||||||
4 | request to adjust the total initial equalized value is | ||||||
5 | received, determine the total homestead exemptions in the STAR | ||||||
6 | bond district as provided under Article 15 of the Property Tax | ||||||
7 | Code by adding together the homestead exemptions provided by | ||||||
8 | said Article on each lot, block, tract, or parcel of real | ||||||
9 | property within the STAR bond district and then shall deduct | ||||||
10 | the total of said exemptions from the total initial equalized | ||||||
11 | assessed value. The county clerk shall then promptly certify | ||||||
12 | that amount as the total initial equalized assessed value as | ||||||
13 | adjusted of the taxable real property within the STAR bond | ||||||
14 | district. | ||||||
15 | (e) The county clerk or other person authorized by law | ||||||
16 | shall compute the tax rates for each taxing district with all | ||||||
17 | or a portion of its equalized assessed value located in the | ||||||
18 | STAR bond district. The rate per cent of tax determined shall | ||||||
19 | be extended to the current equalized assessed value of all | ||||||
20 | property in the district in the same manner as the rate per | ||||||
21 | cent of tax is extended to all other taxable property in the | ||||||
22 | taxing district. | ||||||
23 | (f) Beginning with the assessment year in which the first | ||||||
24 | destination user in the first STAR bond project in a STAR bond | ||||||
25 | district makes its first retail sales and for each assessment | ||||||
26 | year thereafter until final maturity of the last STAR bonds |
| |||||||
| |||||||
1 | issued in the district, the county clerk or other person | ||||||
2 | authorized by law shall determine the increase in equalized | ||||||
3 | assessed value of all real property within the STAR bond | ||||||
4 | district by subtracting the initial equalized assessed value of | ||||||
5 | all property in the district certified under subsection (c) | ||||||
6 | from the current equalized assessed value of all property in | ||||||
7 | the district. Each year, the property taxes arising from the | ||||||
8 | increase in equalized assessed value in the STAR bond district | ||||||
9 | shall be determined for each taxing district and shall be | ||||||
10 | certified to the county collector. | ||||||
11 | (g) Beginning with the year in which taxes are collected | ||||||
12 | based on the assessment year in which the first destination | ||||||
13 | user in the first STAR bond project in a STAR bond district | ||||||
14 | makes its first retail sales and for each year thereafter until | ||||||
15 | final maturity of the last STAR bonds issued in the district, | ||||||
16 | the county collector shall, within 30 days after receipt of | ||||||
17 | property taxes, transmit to the Department to be deposited into | ||||||
18 | the STAR Bonds School Improvement and Operations Trust Fund 15% | ||||||
19 | of property taxes attributable to the increase in equalized | ||||||
20 | assessed value within the STAR bond district from each taxing | ||||||
21 | district as certified in subsection (f). | ||||||
22 | (h) The Department shall pay to the regional superintendent | ||||||
23 | of schools whose educational service region includes Franklin | ||||||
24 | and Williamson Counties, for each year for which money is | ||||||
25 | remitted to the Department and paid into the STAR Bonds School | ||||||
26 | Improvement and Operations Trust Fund, the money in the Fund as |
| |||||||
| |||||||
1 | provided in this Section. The amount paid to each school | ||||||
2 | district shall be allocated
proportionately, based on each | ||||||
3 | qualifying school district's
fall enrollment for the | ||||||
4 | then-current school year, such that the school
district with | ||||||
5 | the largest fall enrollment receives the largest
proportionate | ||||||
6 | share of money paid out of the Fund or by any other method or | ||||||
7 | formula that the regional superintendent of schools deems fit, | ||||||
8 | equitable, and in the public interest. The regional | ||||||
9 | superintendent may allocate moneys to school districts that are | ||||||
10 | outside of his or her educational service region or to other | ||||||
11 | regional superintendents. | ||||||
12 | The Department shall determine the distributions under | ||||||
13 | this Section using its best judgment and information. The | ||||||
14 | Department shall be held harmless for the distributions made | ||||||
15 | under this Section and all distributions shall be final. | ||||||
16 | (i) In any year that an assessment appeal is filed, the | ||||||
17 | extension of taxes on any assessment so appealed shall not be | ||||||
18 | delayed. In the case of an assessment that is altered, any | ||||||
19 | taxes extended upon the unauthorized assessment or part thereof | ||||||
20 | shall be abated, or, if already paid, shall be refunded with | ||||||
21 | interest as provided in Section 23-20 of the Property Tax Code. | ||||||
22 | In the case of an assessment appeal, the county collector shall | ||||||
23 | notify the Department that an assessment appeal has been filed | ||||||
24 | and the amount of the tax that would have been deposited in the | ||||||
25 | STAR Bonds School Improvement and Operations Trust Fund. The | ||||||
26 | county collector shall hold that amount in a separate fund |
| |||||||
| |||||||
1 | until the appeal process is final. After the appeal process is | ||||||
2 | finalized, the county collector shall transmit to the | ||||||
3 | Department the amount of tax that remains, if any, after all | ||||||
4 | required refunds are made. The Department shall pay any amount | ||||||
5 | deposited into the Trust Fund under this Section in the same | ||||||
6 | proportion as determined for payments for that taxable year | ||||||
7 | under subsection (h). | ||||||
8 | (j) In any year that ad valorem taxes are allocated to the | ||||||
9 | STAR Bonds School Improvement and Operations Trust Fund, that | ||||||
10 | allocation shall not reduce or otherwise impact the school aid | ||||||
11 | provided to any school district under the general State school | ||||||
12 | aid formula provided for in Section 18-8.05 of the School Code | ||||||
13 | or the primary State aid formula provided for in Section | ||||||
14 | 18-8.15 of the School Code .
| ||||||
15 | (Source: P.A. 96-939, eff. 6-24-10.) | ||||||
16 | Section 925. The County Economic Development Project Area | ||||||
17 | Property
Tax Allocation Act is amended by changing Section 7 as | ||||||
18 | follows:
| ||||||
19 | (55 ILCS 85/7) (from Ch. 34, par. 7007)
| ||||||
20 | Sec. 7. Creation of special tax allocation fund. If a | ||||||
21 | county has
adopted property tax allocation financing by | ||||||
22 | ordinance for an economic
development project area, the | ||||||
23 | Department has approved and certified the
economic development | ||||||
24 | project area, and the county clerk has thereafter
certified the |
| |||||||
| |||||||
1 | "total initial equalized value" of the taxable real property
| ||||||
2 | within such economic development project area in the manner | ||||||
3 | provided in
subsection (b) of Section 6 of this Act, each year | ||||||
4 | after the date of the
certification by the county clerk of the | ||||||
5 | "initial equalized assessed value"
until economic development | ||||||
6 | project costs and all county obligations
financing economic | ||||||
7 | development project costs have been paid, the ad valorem
taxes, | ||||||
8 | if any, arising from the levies upon the taxable real property | ||||||
9 | in
the economic development project area by taxing districts | ||||||
10 | and tax rates
determined in the manner provided in subsection | ||||||
11 | (b) of Section 6 of this Act
shall be divided as follows:
| ||||||
12 | (1) That portion of the taxes levied upon each taxable | ||||||
13 | lot, block, tract
or parcel of real property which is | ||||||
14 | attributable to the lower of the current
equalized assessed | ||||||
15 | value or the initial equalized assessed value of each
such | ||||||
16 | taxable lot, block, tract, or parcel of real property | ||||||
17 | existing at the
time property tax allocation financing was | ||||||
18 | adopted shall be allocated and
when collected shall be paid | ||||||
19 | by the county collector to the respective
affected taxing | ||||||
20 | districts in the manner required by the law in the absence
| ||||||
21 | of the adoption of property tax allocation financing.
| ||||||
22 | (2) That portion, if any, of those taxes which is | ||||||
23 | attributable to the
increase in the current equalized | ||||||
24 | assessed valuation of each taxable lot,
block, tract, or | ||||||
25 | parcel of real property in the economic development
project | ||||||
26 | are, over and above the initial equalized assessed value of |
| |||||||
| |||||||
1 | each
property existing at the time property tax allocation | ||||||
2 | financing was
adopted shall be allocated to and when | ||||||
3 | collected shall be paid to the
county treasurer, who shall | ||||||
4 | deposit those taxes into a special fund called
the special | ||||||
5 | tax allocation fund of the county for the purpose of paying
| ||||||
6 | economic development project costs and obligations | ||||||
7 | incurred in the payment
thereof.
| ||||||
8 | The county, by an ordinance adopting property tax | ||||||
9 | allocation financing,
may pledge the funds in and to be | ||||||
10 | deposited in the special tax allocation
fund for the payment of | ||||||
11 | obligations issued under this Act and for the
payment of | ||||||
12 | economic development project costs. No part of the current
| ||||||
13 | equalized assessed valuation of each property in the economic | ||||||
14 | development
project area attributable to any increase above the | ||||||
15 | total initial equalized
assessed value of such properties shall | ||||||
16 | be used in calculating the general
State school aid formula, | ||||||
17 | provided for in Section 18-8 of the School Code, or the primary | ||||||
18 | State aid formula, provided for in Section 18-8.15 of the | ||||||
19 | School Code,
until such time as all economic development | ||||||
20 | projects costs have been paid
as provided for in this Section.
| ||||||
21 | Whenever a county issues bonds for the purpose of financing | ||||||
22 | economic
development project costs, the county may provide by | ||||||
23 | ordinance for the
appointment of a trustee, which may be any | ||||||
24 | trust company within the State,
and for the establishment of | ||||||
25 | the funds or accounts to be maintained by such
trustee as the | ||||||
26 | county shall deem necessary to provide for the security and
|
| |||||||
| |||||||
1 | payment of the bonds. If the county provides for the | ||||||
2 | appointment of a
trustee, the trustee shall be considered the | ||||||
3 | assignee of any payments
assigned by the county pursuant to the | ||||||
4 | ordinance and this Section. Any
amounts paid to the trustee as | ||||||
5 | assignee shall be deposited in the funds or
accounts | ||||||
6 | established pursuant to the trust agreement, and shall be held | ||||||
7 | by
the trustee in trust for the benefit of the holders of the | ||||||
8 | bonds, and the
holders shall have a lien on and a security | ||||||
9 | interest in those bonds or
accounts so long as the bonds remain | ||||||
10 | outstanding and unpaid. Upon
retirement of the bonds, the | ||||||
11 | trustee shall pay over any excess amounts held
to the county | ||||||
12 | for deposit in the special tax allocation fund.
| ||||||
13 | When the economic development project costs, including | ||||||
14 | without limitation
all county obligations financing economic | ||||||
15 | development project costs
incurred under this Act, have been | ||||||
16 | paid, all surplus funds then remaining
in the special tax | ||||||
17 | allocation funds shall be distributed by being paid by
the | ||||||
18 | county treasurer to the county collector, who shall immediately
| ||||||
19 | thereafter pay those funds to the taxing districts having | ||||||
20 | taxable property
in the economic development project area in | ||||||
21 | the same manner and proportion
as the most recent distribution | ||||||
22 | by the county collector to those taxing
districts of real | ||||||
23 | property taxes from real property in the economic
development | ||||||
24 | project area.
| ||||||
25 | Upon the payment of all economic development project costs, | ||||||
26 | retirement of
obligations and the distribution of any excess |
| |||||||
| |||||||
1 | monies pursuant to this
Section and not later than 23 years | ||||||
2 | from the date of adoption of the
ordinance adopting property | ||||||
3 | tax allocation financing, the county shall
adopt an ordinance | ||||||
4 | dissolving the special tax allocation fund for the
economic | ||||||
5 | development project area and terminating the designation of the
| ||||||
6 | economic development project area as an economic development | ||||||
7 | project area.
Thereafter the rates of the taxing districts | ||||||
8 | shall be extended and taxes
levied, collected and distributed | ||||||
9 | in the manner applicable in the absence
of the adoption of | ||||||
10 | property tax allocation financing.
| ||||||
11 | Nothing in this Section shall be construed as relieving | ||||||
12 | property in
economic development project areas from being | ||||||
13 | assessed as provided in the
Property Tax Code or as relieving | ||||||
14 | owners of that
property from paying a uniform rate of taxes, as | ||||||
15 | required by Section 4 of
Article IX of the Illinois | ||||||
16 | Constitution of 1970.
| ||||||
17 | (Source: P.A. 98-463, eff. 8-16-13.)
| ||||||
18 | Section 930. The County Economic Development Project Area | ||||||
19 | Tax Increment
Allocation Act of 1991 is amended by changing | ||||||
20 | Section 50 as follows:
| ||||||
21 | (55 ILCS 90/50) (from Ch. 34, par. 8050)
| ||||||
22 | Sec. 50. Special tax allocation fund.
| ||||||
23 | (a) If a county clerk has certified the "total initial | ||||||
24 | equalized
assessed value" of the taxable real property within |
| |||||||
| |||||||
1 | an economic development
project area in the manner provided in | ||||||
2 | Section 45, each year
after the date of the certification by | ||||||
3 | the county clerk of the "total
initial equalized assessed | ||||||
4 | value", until economic development project costs
and all county | ||||||
5 | obligations financing economic development
project costs have | ||||||
6 | been paid, the ad valorem taxes, if any, arising from
the | ||||||
7 | levies upon the taxable real property in the economic | ||||||
8 | development
project area by taxing districts and tax rates | ||||||
9 | determined in the manner
provided in subsection (b) of Section | ||||||
10 | 45 shall be divided as follows:
| ||||||
11 | (1) That portion of the taxes levied upon each taxable | ||||||
12 | lot, block,
tract, or parcel of real property that is | ||||||
13 | attributable to the lower of the
current equalized assessed | ||||||
14 | value or the initial equalized assessed value of
each | ||||||
15 | taxable lot, block, tract, or parcel of real property | ||||||
16 | existing at
the time tax increment financing was adopted | ||||||
17 | shall be allocated to (and
when collected shall be paid by | ||||||
18 | the county collector to) the respective
affected taxing | ||||||
19 | districts in the manner required by law in the absence of
| ||||||
20 | the adoption of tax increment allocation financing.
| ||||||
21 | (2) That portion, if any, of the taxes that is | ||||||
22 | attributable to the
increase in the current equalized | ||||||
23 | assessed valuation of each taxable lot,
block, tract, or | ||||||
24 | parcel of real property in the economic development
project | ||||||
25 | area, over and above the initial equalized assessed value | ||||||
26 | of each
property existing at the time tax increment |
| |||||||
| |||||||
1 | financing was adopted, shall be
allocated to (and when | ||||||
2 | collected shall be paid to) the county treasurer,
who shall | ||||||
3 | deposit the taxes into a special fund (called the special | ||||||
4 | tax
allocation fund of the county) for the purpose of | ||||||
5 | paying economic development
project costs and obligations | ||||||
6 | incurred in the payment of those costs.
| ||||||
7 | (b) The county, by an ordinance adopting tax increment
| ||||||
8 | allocation financing, may pledge the monies in and to be | ||||||
9 | deposited into the
special tax allocation fund for the payment | ||||||
10 | of obligations issued under
this Act and for the payment of | ||||||
11 | economic development project costs. No
part of the current | ||||||
12 | equalized assessed valuation of each property in the
economic | ||||||
13 | development project area attributable to any increase above the
| ||||||
14 | total initial equalized assessed value of those properties | ||||||
15 | shall be used in
calculating the general State school aid | ||||||
16 | formula under Section
18-8 of the School Code or the primary | ||||||
17 | State aid formula under Section 18-8.15 of the School Code | ||||||
18 | until all economic development
projects costs have been paid as | ||||||
19 | provided for in this Section.
| ||||||
20 | (c) When the economic development projects costs, | ||||||
21 | including without
limitation all county obligations financing | ||||||
22 | economic
development project costs incurred under this Act, | ||||||
23 | have been paid, all
surplus monies then remaining in the | ||||||
24 | special tax allocation fund shall be
distributed by being paid | ||||||
25 | by the county treasurer to the
county collector, who shall | ||||||
26 | immediately pay the monies to the
taxing districts having |
| |||||||
| |||||||
1 | taxable property in the economic development
project area in | ||||||
2 | the same manner and proportion as the most recent
distribution | ||||||
3 | by the county collector to those taxing districts of real
| ||||||
4 | property taxes from real property in the economic development | ||||||
5 | project area.
| ||||||
6 | (d) Upon the payment of all economic development project | ||||||
7 | costs,
retirement of obligations, and distribution of any | ||||||
8 | excess monies
under this Section, the county shall adopt an | ||||||
9 | ordinance dissolving the
special tax allocation fund for the | ||||||
10 | economic development project area and
terminating the | ||||||
11 | designation of the economic development project area as an
| ||||||
12 | economic development project area. Thereafter, the rates of the | ||||||
13 | taxing
districts shall be extended and taxes shall be levied, | ||||||
14 | collected, and
distributed in the manner applicable in the | ||||||
15 | absence of the adoption of tax
increment allocation financing.
| ||||||
16 | (e) Nothing in this Section shall be construed as relieving | ||||||
17 | property in
the economic development project areas from being | ||||||
18 | assessed as provided in
the Property Tax Code or as relieving | ||||||
19 | owners of
that property from paying a uniform rate of taxes as | ||||||
20 | required by Section 4 of
Article IX of the Illinois | ||||||
21 | Constitution.
| ||||||
22 | (Source: P.A. 98-463, eff. 8-16-13.)
| ||||||
23 | Section 935. The Illinois Municipal Code is amended by | ||||||
24 | changing Sections 11-74.4-3, 11-74.4-8, and 11-74.6-35 as | ||||||
25 | follows:
|
| |||||||
| |||||||
1 | (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
| ||||||
2 | Sec. 11-74.4-3. Definitions. The following terms, wherever | ||||||
3 | used or
referred to in this Division 74.4 shall have the | ||||||
4 | following respective meanings,
unless in any case a different | ||||||
5 | meaning clearly appears from the context.
| ||||||
6 | (a) For any redevelopment project area that has been | ||||||
7 | designated pursuant
to this
Section by an ordinance adopted | ||||||
8 | prior to November 1, 1999 (the effective
date of Public Act
| ||||||
9 | 91-478), "blighted area" shall have the meaning set
forth in | ||||||
10 | this Section
prior to that date.
| ||||||
11 | On and after November 1, 1999,
"blighted area" means any | ||||||
12 | improved or vacant area within the boundaries
of a | ||||||
13 | redevelopment project area located within the territorial | ||||||
14 | limits of
the municipality where:
| ||||||
15 | (1) If improved, industrial, commercial, and | ||||||
16 | residential buildings or
improvements are detrimental to | ||||||
17 | the public safety, health, or welfare
because of a | ||||||
18 | combination of 5 or more of the following factors, each of | ||||||
19 | which
is (i) present, with that presence documented, to a | ||||||
20 | meaningful extent so
that a municipality may reasonably | ||||||
21 | find that the factor is clearly
present within the intent | ||||||
22 | of the Act and (ii) reasonably distributed throughout
the | ||||||
23 | improved part of the redevelopment project area:
| ||||||
24 | (A) Dilapidation. An advanced state of disrepair | ||||||
25 | or neglect of
necessary
repairs to the primary |
| |||||||
| |||||||
1 | structural components of buildings or improvements in
| ||||||
2 | such a combination that a documented building | ||||||
3 | condition analysis determines
that major repair is | ||||||
4 | required or the defects are so serious and so extensive
| ||||||
5 | that the buildings must be removed.
| ||||||
6 | (B) Obsolescence. The condition or process of | ||||||
7 | falling into disuse.
Structures have become ill-suited | ||||||
8 | for the original use.
| ||||||
9 | (C) Deterioration. With respect to buildings, | ||||||
10 | defects
including, but not limited to, major defects in
| ||||||
11 | the secondary building components such as doors, | ||||||
12 | windows, porches, gutters and
downspouts, and fascia. | ||||||
13 | With respect to surface improvements, that the
| ||||||
14 | condition of roadways, alleys, curbs, gutters, | ||||||
15 | sidewalks, off-street parking,
and surface storage | ||||||
16 | areas evidence deterioration, including, but not | ||||||
17 | limited
to, surface cracking, crumbling, potholes, | ||||||
18 | depressions, loose paving material,
and weeds | ||||||
19 | protruding through paved surfaces.
| ||||||
20 | (D) Presence of structures below minimum code | ||||||
21 | standards. All structures
that do not meet the | ||||||
22 | standards of zoning, subdivision, building, fire, and
| ||||||
23 | other governmental codes applicable to property, but | ||||||
24 | not including housing and
property maintenance codes.
| ||||||
25 | (E) Illegal use of individual structures. The use | ||||||
26 | of structures in
violation of applicable federal, |
| |||||||
| |||||||
1 | State, or local laws, exclusive of those
applicable to | ||||||
2 | the presence of structures below minimum code | ||||||
3 | standards.
| ||||||
4 | (F) Excessive vacancies. The presence of
buildings | ||||||
5 | that are unoccupied or under-utilized and that | ||||||
6 | represent an adverse
influence on the area because of | ||||||
7 | the frequency, extent, or duration of the
vacancies.
| ||||||
8 | (G) Lack of ventilation, light, or sanitary | ||||||
9 | facilities. The absence of
adequate ventilation for | ||||||
10 | light or air circulation in spaces or rooms without
| ||||||
11 | windows, or that require the removal of dust, odor, | ||||||
12 | gas, smoke, or other
noxious airborne materials. | ||||||
13 | Inadequate natural light and ventilation means
the | ||||||
14 | absence of skylights or windows for interior spaces or | ||||||
15 | rooms and improper
window sizes and amounts by room | ||||||
16 | area to window area ratios. Inadequate
sanitary | ||||||
17 | facilities refers to the absence or inadequacy of | ||||||
18 | garbage storage and
enclosure,
bathroom facilities, | ||||||
19 | hot water and kitchens, and structural inadequacies
| ||||||
20 | preventing ingress and egress to and from all rooms and | ||||||
21 | units within a
building.
| ||||||
22 | (H) Inadequate utilities. Underground and overhead | ||||||
23 | utilities
such as storm sewers and storm drainage, | ||||||
24 | sanitary sewers, water lines, and
gas, telephone, and
| ||||||
25 | electrical services that are shown to be inadequate. | ||||||
26 | Inadequate utilities are
those that are: (i) of |
| |||||||
| |||||||
1 | insufficient capacity to serve the uses in the
| ||||||
2 | redevelopment project area, (ii) deteriorated,
| ||||||
3 | antiquated, obsolete, or in disrepair, or (iii) | ||||||
4 | lacking within the
redevelopment project area.
| ||||||
5 | (I) Excessive land coverage and overcrowding of | ||||||
6 | structures and community
facilities. The | ||||||
7 | over-intensive use of property and the crowding of | ||||||
8 | buildings
and accessory facilities onto a site. | ||||||
9 | Examples of problem conditions
warranting the | ||||||
10 | designation of an area as one exhibiting excessive land | ||||||
11 | coverage
are: (i) the presence of buildings either | ||||||
12 | improperly situated on parcels or
located
on parcels of | ||||||
13 | inadequate size and shape in relation to present-day | ||||||
14 | standards of
development for health and safety and (ii) | ||||||
15 | the presence of multiple buildings
on a
single parcel. | ||||||
16 | For there to be a finding of excessive land coverage,
| ||||||
17 | these parcels must exhibit one or more of the following | ||||||
18 | conditions:
insufficient provision for
light and air | ||||||
19 | within or around buildings, increased threat of spread | ||||||
20 | of fire
due to the close proximity of buildings, lack | ||||||
21 | of adequate or proper access to a
public right-of-way, | ||||||
22 | lack of reasonably required off-street parking, or
| ||||||
23 | inadequate provision for loading and service.
| ||||||
24 | (J) Deleterious land use or layout. The existence | ||||||
25 | of incompatible
land-use
relationships, buildings | ||||||
26 | occupied by inappropriate mixed-uses, or uses
|
| |||||||
| |||||||
1 | considered to be noxious, offensive, or unsuitable for | ||||||
2 | the
surrounding area.
| ||||||
3 | (K) Environmental clean-up. The proposed | ||||||
4 | redevelopment project area
has incurred Illinois | ||||||
5 | Environmental Protection Agency or United States
| ||||||
6 | Environmental Protection Agency remediation costs for, | ||||||
7 | or a study conducted by
an independent consultant | ||||||
8 | recognized as having expertise in environmental
| ||||||
9 | remediation has determined a need for, the
clean-up of | ||||||
10 | hazardous
waste, hazardous substances, or underground | ||||||
11 | storage tanks required by State or
federal law, | ||||||
12 | provided that the remediation costs constitute a | ||||||
13 | material
impediment to the development or | ||||||
14 | redevelopment of the redevelopment project
area.
| ||||||
15 | (L) Lack of community planning. The proposed | ||||||
16 | redevelopment project area
was
developed prior to or | ||||||
17 | without the benefit or guidance of a community plan.
| ||||||
18 | This means that the development occurred prior to the | ||||||
19 | adoption by the
municipality of a comprehensive or | ||||||
20 | other community plan or that the plan was
not followed | ||||||
21 | at the time of the area's development. This factor must | ||||||
22 | be
documented by evidence of adverse or incompatible | ||||||
23 | land-use relationships,
inadequate street layout, | ||||||
24 | improper subdivision, parcels of inadequate shape and
| ||||||
25 | size to meet contemporary development standards, or | ||||||
26 | other evidence
demonstrating
an absence of effective |
| |||||||
| |||||||
1 | community planning.
| ||||||
2 | (M) The total equalized assessed value of the | ||||||
3 | proposed redevelopment
project area has declined for 3 | ||||||
4 | of the last 5 calendar years
prior to the year in which | ||||||
5 | the redevelopment project area is designated
or is | ||||||
6 | increasing at an
annual rate that is less
than the | ||||||
7 | balance of the municipality for 3 of the last 5 | ||||||
8 | calendar years
for which
information is available or is | ||||||
9 | increasing at an annual rate that is less than
the | ||||||
10 | Consumer Price Index
for All Urban Consumers published | ||||||
11 | by the United States Department of Labor or
successor | ||||||
12 | agency for 3 of the last 5 calendar years
prior to the | ||||||
13 | year in which the redevelopment project area is | ||||||
14 | designated.
| ||||||
15 | (2) If vacant, the sound growth of the redevelopment | ||||||
16 | project area
is impaired by a
combination of 2 or more of | ||||||
17 | the following factors, each of which
is (i) present, with | ||||||
18 | that presence documented, to a meaningful extent so
that
a | ||||||
19 | municipality may reasonably find that the factor is clearly | ||||||
20 | present
within the intent of the Act and (ii) reasonably | ||||||
21 | distributed throughout the
vacant part of the
| ||||||
22 | redevelopment project area to which it pertains:
| ||||||
23 | (A) Obsolete platting of vacant land that results | ||||||
24 | in parcels of
limited or
narrow size or configurations | ||||||
25 | of parcels of irregular size or shape that would
be | ||||||
26 | difficult to develop on
a planned basis and in a manner |
| |||||||
| |||||||
1 | compatible with contemporary standards and
| ||||||
2 | requirements, or platting that failed to create | ||||||
3 | rights-of-ways for streets or
alleys or that created | ||||||
4 | inadequate right-of-way widths for streets, alleys, or
| ||||||
5 | other public rights-of-way or that omitted easements | ||||||
6 | for public utilities.
| ||||||
7 | (B) Diversity of ownership of parcels of vacant | ||||||
8 | land sufficient in
number to
retard or impede the | ||||||
9 | ability to assemble the land for development.
| ||||||
10 | (C) Tax and special assessment delinquencies exist | ||||||
11 | or the property has
been the subject of tax sales under | ||||||
12 | the Property Tax Code within the last 5
years.
| ||||||
13 | (D) Deterioration of structures or site | ||||||
14 | improvements in neighboring
areas adjacent to the | ||||||
15 | vacant land.
| ||||||
16 | (E) The area has incurred Illinois Environmental | ||||||
17 | Protection Agency or
United States Environmental | ||||||
18 | Protection Agency remediation costs for, or a study
| ||||||
19 | conducted by an independent consultant recognized as | ||||||
20 | having expertise in
environmental remediation has | ||||||
21 | determined a need for, the
clean-up of hazardous
waste, | ||||||
22 | hazardous substances, or underground storage tanks | ||||||
23 | required by State or
federal law, provided that the | ||||||
24 | remediation costs
constitute a material impediment to | ||||||
25 | the development or redevelopment of
the
redevelopment | ||||||
26 | project area.
|
| |||||||
| |||||||
1 | (F) The total equalized assessed value of the | ||||||
2 | proposed redevelopment
project area has declined for 3 | ||||||
3 | of the last 5 calendar years
prior to the year in which | ||||||
4 | the redevelopment project area is designated
or is | ||||||
5 | increasing at an
annual rate that is less
than the | ||||||
6 | balance of the municipality for 3 of the last 5 | ||||||
7 | calendar years for
which information is available or is | ||||||
8 | increasing at an annual rate that is less
than
the | ||||||
9 | Consumer Price Index
for All Urban Consumers published | ||||||
10 | by the United States Department of Labor or
successor | ||||||
11 | agency for 3 of the last 5 calendar years
prior to the | ||||||
12 | year in which the redevelopment project area is | ||||||
13 | designated.
| ||||||
14 | (3) If vacant, the sound growth of the redevelopment | ||||||
15 | project area is
impaired by one of the
following factors | ||||||
16 | that (i) is present, with that presence documented, to a
| ||||||
17 | meaningful extent so that a municipality may reasonably | ||||||
18 | find that the factor is
clearly
present within the intent | ||||||
19 | of the Act and (ii) is reasonably distributed
throughout | ||||||
20 | the vacant part of the
redevelopment project area to which | ||||||
21 | it pertains:
| ||||||
22 | (A) The area consists of one or more unused | ||||||
23 | quarries, mines, or strip
mine ponds.
| ||||||
24 | (B) The area consists of unused rail yards, rail | ||||||
25 | tracks, or railroad
rights-of-way.
| ||||||
26 | (C) The area, prior to its designation, is subject |
| |||||||
| |||||||
1 | to (i) chronic
flooding
that adversely impacts on real | ||||||
2 | property in the area as certified by a
registered
| ||||||
3 | professional engineer or appropriate regulatory agency | ||||||
4 | or (ii) surface water
that
discharges from all or a | ||||||
5 | part of the area and contributes to flooding within
the
| ||||||
6 | same watershed, but only if the redevelopment project | ||||||
7 | provides for facilities
or
improvements to contribute | ||||||
8 | to the alleviation of all or part of the
flooding.
| ||||||
9 | (D) The area consists of an unused or illegal | ||||||
10 | disposal site containing
earth,
stone, building | ||||||
11 | debris, or similar materials that were removed from
| ||||||
12 | construction, demolition, excavation, or dredge sites.
| ||||||
13 | (E) Prior to November 1, 1999, the area
is not less | ||||||
14 | than 50 nor more than 100 acres and 75%
of which is | ||||||
15 | vacant (notwithstanding that the area has been used
for | ||||||
16 | commercial agricultural purposes within 5 years prior | ||||||
17 | to the designation
of the redevelopment project area), | ||||||
18 | and the area meets at least one of
the factors itemized | ||||||
19 | in paragraph (1) of this subsection, the area
has been | ||||||
20 | designated as a town or village center by ordinance or | ||||||
21 | comprehensive
plan adopted prior to January 1, 1982, | ||||||
22 | and the area has not been developed
for that designated | ||||||
23 | purpose.
| ||||||
24 | (F) The area qualified as a blighted improved area | ||||||
25 | immediately prior to
becoming vacant, unless there has | ||||||
26 | been substantial private investment in the
immediately |
| |||||||
| |||||||
1 | surrounding area.
| ||||||
2 | (b) For any redevelopment project area that has been | ||||||
3 | designated pursuant
to this
Section by an ordinance adopted | ||||||
4 | prior to November 1, 1999 (the effective
date of Public Act
| ||||||
5 | 91-478), "conservation area" shall have the meaning
set forth | ||||||
6 | in this
Section prior to that date.
| ||||||
7 | On and after November 1, 1999,
"conservation area" means | ||||||
8 | any improved area within the boundaries
of a redevelopment | ||||||
9 | project area located within the territorial limits of
the | ||||||
10 | municipality in which 50% or more of the structures in the area | ||||||
11 | have
an age of 35 years or more.
Such an area is not yet a | ||||||
12 | blighted area but
because of a combination of 3 or more of the | ||||||
13 | following factors is detrimental
to the public safety, health, | ||||||
14 | morals
or welfare and such an area may become a blighted area:
| ||||||
15 | (1) Dilapidation. An advanced state of disrepair or | ||||||
16 | neglect of
necessary
repairs to the primary structural | ||||||
17 | components of buildings or improvements in
such a | ||||||
18 | combination that a documented building condition analysis | ||||||
19 | determines
that major repair is required or the defects are | ||||||
20 | so serious and so extensive
that the buildings must be | ||||||
21 | removed.
| ||||||
22 | (2) Obsolescence. The condition or process of falling | ||||||
23 | into disuse.
Structures have become ill-suited for the | ||||||
24 | original use.
| ||||||
25 | (3) Deterioration. With respect to buildings, defects
| ||||||
26 | including, but not limited to, major defects in
the |
| |||||||
| |||||||
1 | secondary building components such as doors, windows, | ||||||
2 | porches, gutters and
downspouts, and fascia. With respect | ||||||
3 | to surface improvements, that the
condition of roadways, | ||||||
4 | alleys, curbs, gutters, sidewalks, off-street parking,
and | ||||||
5 | surface storage areas evidence deterioration, including, | ||||||
6 | but not limited
to, surface cracking, crumbling, potholes, | ||||||
7 | depressions, loose paving material,
and weeds protruding | ||||||
8 | through paved surfaces.
| ||||||
9 | (4) Presence of structures below minimum code | ||||||
10 | standards. All structures
that do not meet the standards of | ||||||
11 | zoning, subdivision, building, fire, and
other | ||||||
12 | governmental codes applicable to property, but not | ||||||
13 | including housing and
property maintenance codes.
| ||||||
14 | (5) Illegal use of individual structures. The use of | ||||||
15 | structures in
violation of applicable federal, State, or | ||||||
16 | local laws, exclusive of those
applicable to the presence | ||||||
17 | of structures below minimum code standards.
| ||||||
18 | (6) Excessive vacancies. The presence of
buildings | ||||||
19 | that are unoccupied or under-utilized and that represent an | ||||||
20 | adverse
influence on the area because of the frequency, | ||||||
21 | extent, or duration of the
vacancies.
| ||||||
22 | (7) Lack of ventilation, light, or sanitary | ||||||
23 | facilities. The absence of
adequate ventilation for light | ||||||
24 | or air circulation in spaces or rooms without
windows, or | ||||||
25 | that require the removal of dust, odor, gas, smoke, or | ||||||
26 | other
noxious airborne materials. Inadequate natural light |
| |||||||
| |||||||
1 | and ventilation means
the absence or inadequacy of | ||||||
2 | skylights or windows for interior spaces or rooms
and | ||||||
3 | improper
window sizes and amounts by room area to window | ||||||
4 | area ratios. Inadequate
sanitary facilities refers to the | ||||||
5 | absence or inadequacy of garbage storage and
enclosure,
| ||||||
6 | bathroom facilities, hot water and kitchens, and | ||||||
7 | structural inadequacies
preventing ingress and egress to | ||||||
8 | and from all rooms and units within a
building.
| ||||||
9 | (8) Inadequate utilities. Underground and overhead | ||||||
10 | utilities
such as storm sewers and storm drainage, sanitary | ||||||
11 | sewers, water lines, and gas,
telephone, and
electrical | ||||||
12 | services that are shown to be inadequate. Inadequate | ||||||
13 | utilities are
those that are: (i) of insufficient capacity | ||||||
14 | to serve the uses in the
redevelopment project area, (ii) | ||||||
15 | deteriorated,
antiquated, obsolete, or in disrepair, or | ||||||
16 | (iii) lacking within the
redevelopment project area.
| ||||||
17 | (9) Excessive land coverage and overcrowding of | ||||||
18 | structures and community
facilities. The over-intensive | ||||||
19 | use of property and the crowding of buildings
and accessory | ||||||
20 | facilities onto a site. Examples of problem conditions
| ||||||
21 | warranting the designation of an area as one exhibiting | ||||||
22 | excessive land coverage
are: the presence of buildings | ||||||
23 | either improperly situated on parcels or located
on parcels | ||||||
24 | of inadequate size and shape in relation to present-day | ||||||
25 | standards of
development for health and safety and the | ||||||
26 | presence of multiple buildings on a
single parcel. For |
| |||||||
| |||||||
1 | there to be a finding of excessive land coverage,
these | ||||||
2 | parcels must exhibit one or more of the following | ||||||
3 | conditions:
insufficient provision for
light and air | ||||||
4 | within or around buildings, increased threat of spread of | ||||||
5 | fire
due to the close proximity of buildings, lack of | ||||||
6 | adequate or proper access to a
public right-of-way, lack of | ||||||
7 | reasonably required off-street parking, or
inadequate | ||||||
8 | provision for loading and service.
| ||||||
9 | (10) Deleterious land use or layout. The existence of | ||||||
10 | incompatible
land-use
relationships, buildings occupied by | ||||||
11 | inappropriate mixed-uses, or uses
considered to be | ||||||
12 | noxious, offensive, or unsuitable for the
surrounding | ||||||
13 | area.
| ||||||
14 | (11) Lack of community planning. The proposed | ||||||
15 | redevelopment project area
was
developed prior to or | ||||||
16 | without the benefit or guidance of a community plan.
This | ||||||
17 | means that the development occurred prior to the adoption | ||||||
18 | by the
municipality of a comprehensive or other community | ||||||
19 | plan or that the plan was
not followed at the time of the | ||||||
20 | area's development. This factor must be
documented by | ||||||
21 | evidence of adverse or incompatible land-use | ||||||
22 | relationships,
inadequate street layout, improper | ||||||
23 | subdivision, parcels of inadequate shape and
size to meet | ||||||
24 | contemporary development standards, or other evidence
| ||||||
25 | demonstrating
an absence of effective community planning.
| ||||||
26 | (12) The area has incurred Illinois Environmental |
| |||||||
| |||||||
1 | Protection Agency or
United
States Environmental | ||||||
2 | Protection Agency remediation costs for, or a study
| ||||||
3 | conducted by an independent consultant recognized as | ||||||
4 | having expertise in
environmental remediation has | ||||||
5 | determined a need for, the clean-up of hazardous
waste, | ||||||
6 | hazardous substances, or underground storage tanks | ||||||
7 | required by State
or federal law, provided that the | ||||||
8 | remediation costs constitute a material
impediment to the | ||||||
9 | development or redevelopment of the redevelopment project
| ||||||
10 | area.
| ||||||
11 | (13) The total equalized assessed value of the proposed | ||||||
12 | redevelopment
project area has declined for 3 of the last 5 | ||||||
13 | calendar years
for which information is
available or is | ||||||
14 | increasing at an annual rate that is less than the balance | ||||||
15 | of
the municipality for 3 of the last 5 calendar years for | ||||||
16 | which information is
available or is increasing at an | ||||||
17 | annual rate that is less
than the Consumer Price Index for | ||||||
18 | All Urban Consumers published by the United
States | ||||||
19 | Department of Labor or successor agency for 3 of the last 5 | ||||||
20 | calendar
years for which information is available.
| ||||||
21 | (c) "Industrial park" means an area in a blighted or | ||||||
22 | conservation
area suitable for use by any manufacturing, | ||||||
23 | industrial, research or
transportation enterprise, of | ||||||
24 | facilities to include but not be limited to
factories, mills, | ||||||
25 | processing plants, assembly plants, packing plants,
| ||||||
26 | fabricating plants, industrial distribution centers, |
| |||||||
| |||||||
1 | warehouses, repair
overhaul or service facilities, freight | ||||||
2 | terminals, research facilities,
test facilities or railroad | ||||||
3 | facilities.
| ||||||
4 | (d) "Industrial park conservation area" means an area | ||||||
5 | within the
boundaries of a redevelopment project area located | ||||||
6 | within the territorial
limits of a municipality that is a labor | ||||||
7 | surplus municipality or within 1
1/2 miles of the territorial | ||||||
8 | limits of a municipality that is a labor
surplus municipality | ||||||
9 | if the area is annexed to the municipality; which
area is zoned | ||||||
10 | as industrial no later than at the time the municipality by
| ||||||
11 | ordinance designates the redevelopment project area, and which | ||||||
12 | area
includes both vacant land suitable for use as an | ||||||
13 | industrial park and a
blighted area or conservation area | ||||||
14 | contiguous to such vacant land.
| ||||||
15 | (e) "Labor surplus municipality" means a municipality in | ||||||
16 | which, at any
time during the 6 months before the municipality | ||||||
17 | by ordinance designates
an industrial park conservation area, | ||||||
18 | the unemployment rate was over 6% and was
also 100% or more of | ||||||
19 | the national average unemployment rate for that same
time as | ||||||
20 | published in the United States Department of Labor Bureau of | ||||||
21 | Labor
Statistics publication entitled "The Employment | ||||||
22 | Situation" or its successor
publication. For the purpose of | ||||||
23 | this subsection, if unemployment rate
statistics for the | ||||||
24 | municipality are not available, the unemployment rate in
the | ||||||
25 | municipality shall be deemed to be the same as the unemployment | ||||||
26 | rate in
the principal county in which the municipality is |
| |||||||
| |||||||
1 | located.
| ||||||
2 | (f) "Municipality" shall mean a city, village, | ||||||
3 | incorporated town, or a township that is located in the | ||||||
4 | unincorporated portion of a county with 3 million or more | ||||||
5 | inhabitants, if the county adopted an ordinance that approved | ||||||
6 | the township's redevelopment plan.
| ||||||
7 | (g) "Initial Sales Tax Amounts" means the amount of taxes | ||||||
8 | paid under
the Retailers' Occupation Tax Act, Use Tax Act, | ||||||
9 | Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
10 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
11 | Service Occupation Tax Act by
retailers and servicemen on | ||||||
12 | transactions at places located in a
State Sales Tax Boundary | ||||||
13 | during the calendar year 1985.
| ||||||
14 | (g-1) "Revised Initial Sales Tax Amounts" means the amount | ||||||
15 | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax | ||||||
16 | Act, Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
17 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
18 | Service Occupation Tax Act by retailers and servicemen on
| ||||||
19 | transactions at places located within the State Sales Tax | ||||||
20 | Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.
| ||||||
21 | (h) "Municipal Sales Tax Increment" means an amount equal | ||||||
22 | to the
increase in the aggregate amount of taxes paid to a | ||||||
23 | municipality from the
Local Government Tax Fund arising from | ||||||
24 | sales by retailers and servicemen
within the redevelopment | ||||||
25 | project area or State Sales Tax Boundary, as
the case may be, | ||||||
26 | for as long as the redevelopment project area or State
Sales |
| |||||||
| |||||||
1 | Tax Boundary, as the case may be, exist over and above the | ||||||
2 | aggregate
amount of taxes as certified by the Illinois | ||||||
3 | Department of Revenue and paid
under the Municipal Retailers' | ||||||
4 | Occupation Tax Act and the Municipal Service
Occupation Tax Act | ||||||
5 | by retailers and servicemen, on transactions at places
of | ||||||
6 | business located in the redevelopment project area or State | ||||||
7 | Sales Tax
Boundary, as the case may be, during the
base year | ||||||
8 | which shall be the calendar year immediately prior to the year | ||||||
9 | in
which the municipality adopted tax increment allocation | ||||||
10 | financing. For
purposes of computing the aggregate amount of | ||||||
11 | such taxes for base years
occurring prior to 1985, the | ||||||
12 | Department of Revenue shall determine the
Initial Sales Tax | ||||||
13 | Amounts for such taxes and deduct therefrom an amount
equal to | ||||||
14 | 4% of the aggregate amount of taxes per year for each year the
| ||||||
15 | base year is prior to 1985, but not to exceed a total deduction | ||||||
16 | of 12%.
The amount so determined shall be known as the | ||||||
17 | "Adjusted Initial Sales Tax
Amounts". For purposes of | ||||||
18 | determining the Municipal Sales Tax Increment,
the Department | ||||||
19 | of Revenue shall for each period subtract from the amount
paid | ||||||
20 | to the municipality from the Local Government Tax Fund arising | ||||||
21 | from
sales by retailers and servicemen on transactions
located | ||||||
22 | in the redevelopment project area or the State Sales Tax | ||||||
23 | Boundary,
as the case may be, the certified Initial Sales Tax
| ||||||
24 | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | ||||||
25 | Initial
Sales Tax Amounts for the Municipal Retailers'
| ||||||
26 | Occupation Tax Act and the Municipal Service
Occupation Tax |
| |||||||
| |||||||
1 | Act. For the State Fiscal Year 1989, this calculation shall
be | ||||||
2 | made by utilizing the calendar year 1987 to determine the tax | ||||||
3 | amounts
received. For the State Fiscal Year 1990, this | ||||||
4 | calculation shall be made
by utilizing the period from January | ||||||
5 | 1, 1988, until September 30, 1988, to
determine the tax amounts | ||||||
6 | received from retailers and servicemen pursuant
to the | ||||||
7 | Municipal Retailers' Occupation Tax and the Municipal Service
| ||||||
8 | Occupation Tax Act, which shall have deducted therefrom
| ||||||
9 | nine-twelfths of the certified Initial Sales Tax Amounts, the | ||||||
10 | Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales | ||||||
11 | Tax Amounts as appropriate.
For the State Fiscal Year 1991, | ||||||
12 | this calculation shall be made by utilizing
the period from | ||||||
13 | October 1, 1988, to June 30, 1989, to determine the tax
amounts | ||||||
14 | received from retailers and servicemen pursuant to the | ||||||
15 | Municipal
Retailers' Occupation Tax and the Municipal Service | ||||||
16 | Occupation Tax Act
which shall have deducted therefrom | ||||||
17 | nine-twelfths of the
certified Initial Sales Tax Amounts, | ||||||
18 | Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales | ||||||
19 | Tax Amounts as appropriate. For every
State Fiscal Year | ||||||
20 | thereafter, the applicable period shall be the 12 months
| ||||||
21 | beginning July 1 and ending June 30 to determine the tax | ||||||
22 | amounts received
which shall have deducted therefrom the | ||||||
23 | certified Initial Sales Tax
Amounts, the Adjusted Initial Sales | ||||||
24 | Tax Amounts or the Revised Initial
Sales Tax Amounts, as the | ||||||
25 | case may be.
| ||||||
26 | (i) "Net State Sales Tax Increment" means the sum of the |
| |||||||
| |||||||
1 | following: (a)
80% of the first $100,000 of State Sales Tax | ||||||
2 | Increment annually generated
within a State Sales Tax Boundary; | ||||||
3 | (b) 60% of the amount in excess of
$100,000 but not exceeding | ||||||
4 | $500,000 of State Sales Tax Increment annually
generated within | ||||||
5 | a State Sales Tax Boundary; and (c) 40% of all amounts in
| ||||||
6 | excess of $500,000 of State Sales Tax Increment annually | ||||||
7 | generated within a
State Sales Tax Boundary. If, however, a | ||||||
8 | municipality established a tax
increment financing district in | ||||||
9 | a county with a population in excess of
3,000,000 before | ||||||
10 | January 1, 1986, and the municipality entered into a
contract | ||||||
11 | or issued bonds after January 1, 1986, but before December 31, | ||||||
12 | 1986,
to finance redevelopment project costs within a State | ||||||
13 | Sales Tax
Boundary, then the Net State Sales Tax Increment | ||||||
14 | means, for the fiscal years
beginning July 1, 1990, and July 1, | ||||||
15 | 1991, 100% of the State Sales Tax
Increment annually generated | ||||||
16 | within a State Sales Tax Boundary; and
notwithstanding any | ||||||
17 | other provision of this Act, for those fiscal years the
| ||||||
18 | Department of Revenue shall distribute to those municipalities | ||||||
19 | 100% of
their Net State Sales Tax Increment before any | ||||||
20 | distribution to any other
municipality and regardless of | ||||||
21 | whether or not those other municipalities
will receive 100% of | ||||||
22 | their Net State Sales Tax Increment. For Fiscal Year
1999, and | ||||||
23 | every year thereafter until the year 2007, for any municipality
| ||||||
24 | that has not entered into a contract or has not issued bonds | ||||||
25 | prior to June
1, 1988 to finance redevelopment project costs | ||||||
26 | within a State Sales Tax
Boundary, the Net State Sales Tax |
| |||||||
| |||||||
1 | Increment shall be calculated as follows:
By multiplying the | ||||||
2 | Net State Sales Tax Increment by 90% in the State Fiscal
Year | ||||||
3 | 1999; 80% in the State Fiscal Year 2000; 70% in the State | ||||||
4 | Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the | ||||||
5 | State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% | ||||||
6 | in the State Fiscal Year 2005; 20% in
the State Fiscal Year | ||||||
7 | 2006; and 10% in the State Fiscal Year 2007. No
payment shall | ||||||
8 | be made for State Fiscal Year 2008 and thereafter.
| ||||||
9 | Municipalities that issued bonds in connection with a | ||||||
10 | redevelopment project
in a redevelopment project area within | ||||||
11 | the State Sales Tax Boundary prior to
July 29, 1991,
or that | ||||||
12 | entered into contracts in connection with a redevelopment | ||||||
13 | project in
a redevelopment project area before June 1, 1988,
| ||||||
14 | shall continue to receive their proportional share of the
| ||||||
15 | Illinois Tax Increment Fund distribution until the date on | ||||||
16 | which the
redevelopment project is completed or terminated.
If, | ||||||
17 | however, a municipality that issued bonds in connection with a
| ||||||
18 | redevelopment project in a redevelopment project area within | ||||||
19 | the State Sales
Tax Boundary prior to July 29, 1991 retires the | ||||||
20 | bonds prior to June 30, 2007 or
a municipality that entered | ||||||
21 | into contracts in connection with a redevelopment
project in a | ||||||
22 | redevelopment project area before June 1, 1988 completes the
| ||||||
23 | contracts prior to June 30, 2007, then so long as the | ||||||
24 | redevelopment project is
not
completed or is not terminated, | ||||||
25 | the Net State Sales Tax Increment shall be
calculated, | ||||||
26 | beginning on the date on which the bonds are retired or the
|
| |||||||
| |||||||
1 | contracts are completed, as follows: By multiplying the Net | ||||||
2 | State Sales Tax
Increment by 60% in the State Fiscal Year
2002; | ||||||
3 | 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year | ||||||
4 | 2004; 30%
in the State Fiscal Year 2005; 20% in the State | ||||||
5 | Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No | ||||||
6 | payment shall be made for State Fiscal Year
2008 and | ||||||
7 | thereafter.
Refunding of any bonds issued
prior to July 29, | ||||||
8 | 1991, shall not alter the Net State Sales Tax Increment.
| ||||||
9 | (j) "State Utility Tax Increment Amount" means an amount | ||||||
10 | equal to the
aggregate increase in State electric and gas tax | ||||||
11 | charges imposed on owners
and tenants, other than residential | ||||||
12 | customers, of properties located within
the redevelopment | ||||||
13 | project area under Section 9-222 of the Public Utilities
Act, | ||||||
14 | over and above the aggregate of such charges as certified by | ||||||
15 | the
Department of Revenue and paid by owners and tenants, other | ||||||
16 | than
residential customers, of properties within the | ||||||
17 | redevelopment project area
during the base year, which shall be | ||||||
18 | the calendar year immediately prior to
the year of the adoption | ||||||
19 | of the ordinance authorizing tax increment allocation
| ||||||
20 | financing.
| ||||||
21 | (k) "Net State Utility Tax Increment" means the sum of the | ||||||
22 | following:
(a) 80% of the first $100,000 of State Utility Tax | ||||||
23 | Increment annually
generated by a redevelopment project area; | ||||||
24 | (b) 60% of the amount in excess
of $100,000 but not exceeding | ||||||
25 | $500,000 of the State Utility Tax Increment
annually generated | ||||||
26 | by a redevelopment project area; and (c) 40% of all
amounts in |
| |||||||
| |||||||
1 | excess of $500,000 of State Utility Tax Increment annually
| ||||||
2 | generated by a redevelopment project area. For the State Fiscal | ||||||
3 | Year 1999,
and every year thereafter until the year 2007, for | ||||||
4 | any municipality that
has not entered into a contract or has | ||||||
5 | not issued bonds prior to June 1,
1988 to finance redevelopment | ||||||
6 | project costs within a redevelopment project
area, the Net | ||||||
7 | State Utility Tax Increment shall be calculated as follows:
By | ||||||
8 | multiplying the Net State Utility Tax Increment by 90% in the | ||||||
9 | State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% | ||||||
10 | in the State
Fiscal Year 2001; 60% in the State Fiscal Year | ||||||
11 | 2002; 50% in the State
Fiscal Year 2003; 40% in the State | ||||||
12 | Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the | ||||||
13 | State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. | ||||||
14 | No payment shall be made for the State Fiscal Year 2008
and | ||||||
15 | thereafter.
| ||||||
16 | Municipalities that issue bonds in connection with the | ||||||
17 | redevelopment project
during the period from June 1, 1988 until | ||||||
18 | 3 years after the effective date
of this Amendatory Act of 1988 | ||||||
19 | shall receive the Net State Utility Tax
Increment, subject to | ||||||
20 | appropriation, for 15 State Fiscal Years after the
issuance of | ||||||
21 | such bonds. For the 16th through the 20th State Fiscal Years
| ||||||
22 | after issuance of the bonds, the Net State Utility Tax | ||||||
23 | Increment shall be
calculated as follows: By multiplying the | ||||||
24 | Net State Utility Tax Increment
by 90% in year 16; 80% in year | ||||||
25 | 17; 70% in year 18; 60% in year 19; and 50%
in year 20. | ||||||
26 | Refunding of any bonds issued prior to June 1, 1988, shall not
|
| |||||||
| |||||||
1 | alter the revised Net State Utility Tax Increment payments set | ||||||
2 | forth above.
| ||||||
3 | (l) "Obligations" mean bonds, loans, debentures, notes, | ||||||
4 | special certificates
or other evidence of indebtedness issued | ||||||
5 | by the municipality to carry out
a redevelopment project or to | ||||||
6 | refund outstanding obligations.
| ||||||
7 | (m) "Payment in lieu of taxes" means those estimated tax | ||||||
8 | revenues from
real property in a redevelopment project area | ||||||
9 | derived from real property that
has been acquired by a | ||||||
10 | municipality
which according to the redevelopment project or | ||||||
11 | plan is to be used for a
private use which taxing districts | ||||||
12 | would have received had a municipality
not acquired the real | ||||||
13 | property and adopted tax increment allocation
financing and | ||||||
14 | which would result from
levies made after the time of the | ||||||
15 | adoption of tax increment allocation
financing to the time the | ||||||
16 | current equalized value of real property in the
redevelopment | ||||||
17 | project area exceeds the total initial equalized value of
real | ||||||
18 | property in said area.
| ||||||
19 | (n) "Redevelopment plan" means the comprehensive program | ||||||
20 | of
the municipality for development or redevelopment intended | ||||||
21 | by the payment of
redevelopment project costs to reduce or | ||||||
22 | eliminate those conditions the
existence of which qualified the | ||||||
23 | redevelopment project area as
a "blighted
area" or | ||||||
24 | "conservation area" or combination thereof or "industrial park
| ||||||
25 | conservation area," and thereby to enhance the tax bases of the | ||||||
26 | taxing
districts which extend into the redevelopment project |
| |||||||
| |||||||
1 | area.
On and after November 1, 1999 (the effective date of
| ||||||
2 | Public Act 91-478), no
redevelopment plan may be approved or | ||||||
3 | amended that includes the development of
vacant land (i) with a | ||||||
4 | golf course and related clubhouse and other facilities
or (ii) | ||||||
5 | designated by federal, State, county, or municipal government | ||||||
6 | as public
land for outdoor recreational activities or for | ||||||
7 | nature preserves and used for
that purpose within 5
years prior | ||||||
8 | to the adoption of the redevelopment plan. For the purpose of
| ||||||
9 | this subsection, "recreational activities" is limited to mean | ||||||
10 | camping and
hunting.
Each
redevelopment plan shall set forth in | ||||||
11 | writing the program to be undertaken
to accomplish the | ||||||
12 | objectives and shall include but not be limited to:
| ||||||
13 | (A) an itemized list of estimated redevelopment | ||||||
14 | project costs;
| ||||||
15 | (B) evidence indicating that the redevelopment project | ||||||
16 | area on the whole
has not been subject to growth and | ||||||
17 | development through investment by private
enterprise;
| ||||||
18 | (C) an assessment of any financial impact of the | ||||||
19 | redevelopment project
area on or any increased demand for | ||||||
20 | services from any taxing district affected
by the plan and | ||||||
21 | any program to address such financial impact or increased
| ||||||
22 | demand;
| ||||||
23 | (D) the sources of funds to pay costs;
| ||||||
24 | (E) the nature and term of the obligations to be | ||||||
25 | issued;
| ||||||
26 | (F) the most recent equalized assessed valuation of the |
| |||||||
| |||||||
1 | redevelopment
project area;
| ||||||
2 | (G) an estimate as to the equalized assessed valuation | ||||||
3 | after redevelopment
and the general land uses to apply in | ||||||
4 | the redevelopment project area;
| ||||||
5 | (H) a commitment to fair employment practices and an | ||||||
6 | affirmative action
plan;
| ||||||
7 | (I) if it concerns an industrial park
conservation | ||||||
8 | area, the plan shall
also include a general description
of | ||||||
9 | any proposed developer, user and tenant of any property, a | ||||||
10 | description
of the type, structure and general character of | ||||||
11 | the facilities to be
developed, a description of the type, | ||||||
12 | class and number of new employees to
be employed in the | ||||||
13 | operation of the facilities to be developed; and
| ||||||
14 | (J) if property is to be annexed to the municipality, | ||||||
15 | the plan shall
include the terms of the annexation | ||||||
16 | agreement.
| ||||||
17 | The provisions of items (B) and (C) of this subsection (n) | ||||||
18 | shall not apply to
a municipality that before March 14, 1994 | ||||||
19 | (the effective date of Public Act
88-537) had fixed, either by | ||||||
20 | its
corporate authorities or by a commission designated under | ||||||
21 | subsection (k) of
Section 11-74.4-4, a time and place for a | ||||||
22 | public hearing as required by
subsection (a) of Section | ||||||
23 | 11-74.4-5.
No redevelopment plan shall be adopted unless a
| ||||||
24 | municipality complies with all of the following requirements:
| ||||||
25 | (1) The municipality finds that the redevelopment | ||||||
26 | project area on
the whole has not been subject to growth |
| |||||||
| |||||||
1 | and development through investment
by private enterprise | ||||||
2 | and would not reasonably be anticipated to be
developed | ||||||
3 | without the adoption of the redevelopment plan.
| ||||||
4 | (2) The municipality finds that the redevelopment plan | ||||||
5 | and project conform
to the comprehensive plan for the | ||||||
6 | development of the municipality as a whole,
or, for | ||||||
7 | municipalities with a population of 100,000 or more, | ||||||
8 | regardless of when
the redevelopment plan and project was | ||||||
9 | adopted, the redevelopment plan and
project either: (i) | ||||||
10 | conforms to the strategic economic development or
| ||||||
11 | redevelopment plan issued by the designated planning | ||||||
12 | authority of the
municipality, or (ii) includes land uses | ||||||
13 | that have been approved by the
planning commission of the | ||||||
14 | municipality.
| ||||||
15 | (3) The redevelopment plan establishes the estimated | ||||||
16 | dates of completion
of the redevelopment project and | ||||||
17 | retirement of obligations issued to finance
redevelopment | ||||||
18 | project costs. Those dates may not be later than the dates | ||||||
19 | set forth under Section 11-74.4-3.5.
| ||||||
20 | A municipality may by municipal ordinance amend an | ||||||
21 | existing redevelopment
plan to conform to this paragraph | ||||||
22 | (3) as amended by Public Act 91-478, which
municipal | ||||||
23 | ordinance may be adopted without
further hearing or
notice | ||||||
24 | and without complying with the procedures provided in this | ||||||
25 | Act
pertaining to an amendment to or the initial approval | ||||||
26 | of a redevelopment plan
and project and
designation of a |
| |||||||
| |||||||
1 | redevelopment project area.
| ||||||
2 | (3.5) The municipality finds, in the case of an | ||||||
3 | industrial
park
conservation area, also that the | ||||||
4 | municipality is a labor surplus municipality
and that the | ||||||
5 | implementation of the redevelopment plan will reduce | ||||||
6 | unemployment,
create new jobs and by the provision of new | ||||||
7 | facilities enhance the tax base of
the taxing districts | ||||||
8 | that extend into the redevelopment project area.
| ||||||
9 | (4) If any incremental revenues are being utilized | ||||||
10 | under
Section 8(a)(1)
or 8(a)(2) of this Act in | ||||||
11 | redevelopment project areas approved by ordinance
after | ||||||
12 | January 1, 1986, the municipality finds: (a) that the | ||||||
13 | redevelopment
project area would not reasonably be | ||||||
14 | developed without the use of such
incremental revenues, and | ||||||
15 | (b) that such incremental revenues will be
exclusively | ||||||
16 | utilized for the development of the redevelopment project | ||||||
17 | area.
| ||||||
18 | (5) If
the redevelopment plan will not result in
| ||||||
19 | displacement of
residents from 10 or more inhabited | ||||||
20 | residential units, and the
municipality certifies in the | ||||||
21 | plan that
such displacement will not result from the plan, | ||||||
22 | a housing impact study
need not be performed.
If, however, | ||||||
23 | the redevelopment plan would result in the displacement
of
| ||||||
24 | residents from 10 or more inhabited
residential units,
or | ||||||
25 | if the redevelopment project area contains 75 or more | ||||||
26 | inhabited residential
units and no
certification is made,
|
| |||||||
| |||||||
1 | then the municipality shall prepare, as part of the | ||||||
2 | separate
feasibility report required by subsection (a) of | ||||||
3 | Section 11-74.4-5, a housing
impact study.
| ||||||
4 | Part I of the housing impact study shall include (i) | ||||||
5 | data as to whether
the residential units are single family | ||||||
6 | or multi-family units,
(ii) the number and type of rooms | ||||||
7 | within the units, if that information is
available, (iii) | ||||||
8 | whether
the
units are inhabited or uninhabited, as | ||||||
9 | determined not less than 45
days before the date that the | ||||||
10 | ordinance or resolution required
by subsection (a) of | ||||||
11 | Section 11-74.4-5 is passed, and (iv) data as to the
racial | ||||||
12 | and ethnic composition of the residents in the inhabited | ||||||
13 | residential
units. The data requirement as to the racial | ||||||
14 | and ethnic composition of the
residents in the inhabited | ||||||
15 | residential units shall be deemed to be fully
satisfied by | ||||||
16 | data from the most recent federal census.
| ||||||
17 | Part II of the housing impact study shall identify the | ||||||
18 | inhabited
residential units in the proposed redevelopment | ||||||
19 | project area that are to be or
may be removed. If inhabited | ||||||
20 | residential units are to be removed, then the
housing | ||||||
21 | impact study shall identify (i) the number and location of | ||||||
22 | those units
that will or may be removed, (ii) the | ||||||
23 | municipality's plans for relocation
assistance for those | ||||||
24 | residents in the proposed redevelopment project area
whose | ||||||
25 | residences are to be removed, (iii) the availability of | ||||||
26 | replacement
housing for those residents whose residences |
| |||||||
| |||||||
1 | are to be removed, and shall
identify the type, location, | ||||||
2 | and cost of the housing, and (iv) the type and
extent
of | ||||||
3 | relocation assistance to be provided.
| ||||||
4 | (6) On and after November 1, 1999, the
housing impact | ||||||
5 | study required by paragraph (5) shall be
incorporated in | ||||||
6 | the redevelopment plan for the
redevelopment project area.
| ||||||
7 | (7) On and after November 1, 1999, no
redevelopment | ||||||
8 | plan shall be adopted, nor an
existing plan amended, nor | ||||||
9 | shall residential housing that is
occupied by households of | ||||||
10 | low-income and very low-income
persons in currently | ||||||
11 | existing redevelopment project
areas be removed after | ||||||
12 | November 1, 1999 unless the redevelopment plan provides, | ||||||
13 | with
respect to inhabited housing units that are to be | ||||||
14 | removed for
households of low-income and very low-income | ||||||
15 | persons, affordable
housing and relocation assistance not | ||||||
16 | less than that which would
be provided under the federal | ||||||
17 | Uniform Relocation Assistance and
Real Property | ||||||
18 | Acquisition Policies Act of 1970 and the regulations
under | ||||||
19 | that Act, including the eligibility criteria.
Affordable | ||||||
20 | housing may be either existing or newly constructed
| ||||||
21 | housing. For purposes of this paragraph (7), "low-income
| ||||||
22 | households", "very low-income households", and "affordable
| ||||||
23 | housing" have the meanings set forth in the Illinois | ||||||
24 | Affordable
Housing Act.
The municipality shall make a good | ||||||
25 | faith effort to ensure that this affordable
housing is | ||||||
26 | located in or near the redevelopment project area within |
| |||||||
| |||||||
1 | the
municipality.
| ||||||
2 | (8) On and after November 1, 1999, if,
after the | ||||||
3 | adoption of the redevelopment plan for the
redevelopment | ||||||
4 | project area, any municipality desires to amend its
| ||||||
5 | redevelopment plan
to remove more inhabited residential | ||||||
6 | units than
specified in its original redevelopment plan, | ||||||
7 | that change shall be made in
accordance with the procedures | ||||||
8 | in subsection (c) of Section 11-74.4-5.
| ||||||
9 | (9) For redevelopment project areas designated prior | ||||||
10 | to November 1,
1999, the redevelopment plan may be amended | ||||||
11 | without further joint review board
meeting or hearing, | ||||||
12 | provided that the municipality shall give notice of any
| ||||||
13 | such changes by mail to each affected taxing district and | ||||||
14 | registrant on the
interested party registry, to authorize | ||||||
15 | the municipality to expend tax
increment revenues for | ||||||
16 | redevelopment project costs defined by paragraphs (5)
and | ||||||
17 | (7.5), subparagraphs (E) and (F) of paragraph (11), and | ||||||
18 | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, so | ||||||
19 | long as the changes do not increase the
total estimated | ||||||
20 | redevelopment project costs set out in the redevelopment | ||||||
21 | plan
by more than 5% after adjustment for inflation from | ||||||
22 | the date the plan was
adopted.
| ||||||
23 | (o) "Redevelopment project" means any public and private | ||||||
24 | development project
in furtherance of the objectives of a | ||||||
25 | redevelopment plan.
On and after November 1, 1999 (the | ||||||
26 | effective date of Public Act 91-478), no
redevelopment plan may |
| |||||||
| |||||||
1 | be approved or amended that includes the development
of vacant | ||||||
2 | land (i) with a golf course and related clubhouse and other
| ||||||
3 | facilities
or (ii) designated by federal, State, county, or | ||||||
4 | municipal government as public
land for outdoor recreational | ||||||
5 | activities or for nature preserves and used for
that purpose | ||||||
6 | within 5
years prior to the adoption of the redevelopment plan. | ||||||
7 | For the purpose of
this subsection, "recreational activities" | ||||||
8 | is limited to mean camping and
hunting.
| ||||||
9 | (p) "Redevelopment project area" means an area designated | ||||||
10 | by
the
municipality, which is not less in the aggregate than 1 | ||||||
11 | 1/2 acres and in
respect to which the municipality has made a | ||||||
12 | finding that there exist
conditions which cause the area to be | ||||||
13 | classified as an industrial park
conservation area or a | ||||||
14 | blighted area or a conservation area, or a
combination of both | ||||||
15 | blighted areas and conservation areas.
| ||||||
16 | (p-1) Notwithstanding any provision of this Act to the | ||||||
17 | contrary, on and after August 25, 2009 (the effective date of | ||||||
18 | Public Act 96-680), a redevelopment project area may include | ||||||
19 | areas within a one-half mile radius of an existing or proposed | ||||||
20 | Regional Transportation Authority Suburban Transit Access | ||||||
21 | Route (STAR Line) station without a finding that the area is | ||||||
22 | classified as an industrial park conservation area, a blighted | ||||||
23 | area, a conservation area, or a combination thereof, but only | ||||||
24 | if the municipality receives unanimous consent from the joint | ||||||
25 | review board created to review the proposed redevelopment | ||||||
26 | project area. |
| |||||||
| |||||||
1 | (q) "Redevelopment project costs", except for | ||||||
2 | redevelopment project areas created pursuant to subsection | ||||||
3 | (p-1), means and includes the sum total of all
reasonable or | ||||||
4 | necessary costs incurred or estimated to be incurred, and
any | ||||||
5 | such costs incidental to a redevelopment plan and a | ||||||
6 | redevelopment
project. Such costs include, without limitation, | ||||||
7 | the following:
| ||||||
8 | (1) Costs of studies, surveys, development of plans, | ||||||
9 | and
specifications, implementation and administration of | ||||||
10 | the redevelopment
plan including but not limited to staff | ||||||
11 | and professional service costs for
architectural, | ||||||
12 | engineering, legal, financial, planning or other
services, | ||||||
13 | provided however that no charges for professional services | ||||||
14 | may be
based on a percentage of the tax increment | ||||||
15 | collected; except that on and
after November 1, 1999 (the | ||||||
16 | effective date of Public Act 91-478), no
contracts for
| ||||||
17 | professional services, excluding architectural and | ||||||
18 | engineering services, may be
entered into if the terms of | ||||||
19 | the contract extend
beyond a period of 3 years. In | ||||||
20 | addition, "redevelopment project costs" shall
not include | ||||||
21 | lobbying expenses.
After consultation with the | ||||||
22 | municipality, each tax
increment consultant or advisor to a | ||||||
23 | municipality that plans to designate or
has designated a | ||||||
24 | redevelopment project area shall inform the municipality | ||||||
25 | in
writing of any contracts that the consultant or advisor | ||||||
26 | has entered into with
entities or individuals that have |
| |||||||
| |||||||
1 | received, or are receiving, payments financed
by tax
| ||||||
2 | increment revenues produced by the redevelopment project | ||||||
3 | area with respect to
which the consultant or advisor has | ||||||
4 | performed, or will be performing, service
for the
| ||||||
5 | municipality. This requirement shall be satisfied by the | ||||||
6 | consultant or advisor
before the commencement of services | ||||||
7 | for the municipality and thereafter
whenever any other | ||||||
8 | contracts with those individuals or entities are executed | ||||||
9 | by
the consultant or advisor;
| ||||||
10 | (1.5) After July 1, 1999, annual administrative costs | ||||||
11 | shall
not include general overhead or
administrative costs | ||||||
12 | of the municipality
that would still have been incurred by | ||||||
13 | the municipality if the municipality had
not
designated a | ||||||
14 | redevelopment project area or approved a redevelopment | ||||||
15 | plan;
| ||||||
16 | (1.6) The cost of
marketing sites within the | ||||||
17 | redevelopment project area to prospective
businesses, | ||||||
18 | developers, and investors;
| ||||||
19 | (2) Property assembly costs, including but not limited | ||||||
20 | to acquisition
of land and other property, real or | ||||||
21 | personal, or rights or interests therein,
demolition of | ||||||
22 | buildings, site preparation, site improvements that serve | ||||||
23 | as an
engineered barrier addressing ground level or below | ||||||
24 | ground environmental
contamination, including, but not | ||||||
25 | limited to parking lots and other concrete
or asphalt | ||||||
26 | barriers, and the clearing and grading of
land;
|
| |||||||
| |||||||
1 | (3) Costs of rehabilitation, reconstruction or repair | ||||||
2 | or remodeling of
existing public or private buildings, | ||||||
3 | fixtures, and leasehold
improvements; and the cost of | ||||||
4 | replacing
an existing public building if pursuant to the | ||||||
5 | implementation of a
redevelopment project the existing | ||||||
6 | public building is to be demolished to use
the site for | ||||||
7 | private investment or
devoted to a different use requiring | ||||||
8 | private investment; including any direct or indirect costs | ||||||
9 | relating to Green Globes or LEED certified construction | ||||||
10 | elements or construction elements with an equivalent | ||||||
11 | certification;
| ||||||
12 | (4) Costs of the construction of public works or | ||||||
13 | improvements, including any direct or indirect costs | ||||||
14 | relating to Green Globes or LEED certified construction | ||||||
15 | elements or construction elements with an equivalent | ||||||
16 | certification, except
that on and after November 1, 1999,
| ||||||
17 | redevelopment
project costs shall not include the cost of | ||||||
18 | constructing a
new municipal public building principally | ||||||
19 | used to provide
offices, storage space, or conference | ||||||
20 | facilities or vehicle storage,
maintenance, or repair for | ||||||
21 | administrative,
public safety, or public works personnel
| ||||||
22 | and that is not intended to replace an existing
public | ||||||
23 | building as provided under paragraph (3) of subsection (q) | ||||||
24 | of Section
11-74.4-3
unless either (i) the construction of | ||||||
25 | the new municipal building
implements a redevelopment | ||||||
26 | project that was included in a redevelopment plan
that was |
| |||||||
| |||||||
1 | adopted by the municipality prior to November 1, 1999 or | ||||||
2 | (ii) the
municipality makes a reasonable
determination in | ||||||
3 | the redevelopment plan, supported by information that | ||||||
4 | provides
the basis for that determination, that the new | ||||||
5 | municipal building is required
to meet an increase in the | ||||||
6 | need for public safety purposes anticipated to
result from | ||||||
7 | the implementation of the redevelopment plan;
| ||||||
8 | (5) Costs of job training and retraining projects, | ||||||
9 | including the cost of
"welfare to work" programs | ||||||
10 | implemented by businesses located within the
redevelopment | ||||||
11 | project area;
| ||||||
12 | (6) Financing costs, including but not limited to all | ||||||
13 | necessary and
incidental expenses related to the issuance | ||||||
14 | of obligations and which may
include payment of interest on | ||||||
15 | any obligations issued hereunder including
interest | ||||||
16 | accruing
during the estimated period of construction of any | ||||||
17 | redevelopment project
for which such obligations are | ||||||
18 | issued and for not exceeding 36 months
thereafter and | ||||||
19 | including reasonable reserves related thereto;
| ||||||
20 | (7) To the extent the municipality by written agreement | ||||||
21 | accepts and
approves
the same, all or a portion of a taxing | ||||||
22 | district's capital costs resulting
from the redevelopment | ||||||
23 | project necessarily incurred or to be incurred within a
| ||||||
24 | taxing district in
furtherance of the objectives of the | ||||||
25 | redevelopment plan and project.
| ||||||
26 | (7.5) For redevelopment project areas designated (or |
| |||||||
| |||||||
1 | redevelopment
project areas amended to add or increase the | ||||||
2 | number of
tax-increment-financing assisted housing units) | ||||||
3 | on or after November 1,
1999,
an elementary, secondary,
or | ||||||
4 | unit school
district's increased costs attributable to | ||||||
5 | assisted housing units located
within the
redevelopment | ||||||
6 | project area for which the developer or redeveloper | ||||||
7 | receives
financial assistance through an agreement with | ||||||
8 | the municipality or because the
municipality incurs the | ||||||
9 | cost of necessary infrastructure improvements within
the | ||||||
10 | boundaries of the assisted housing sites necessary for the | ||||||
11 | completion of
that housing
as authorized by this Act, and | ||||||
12 | which costs shall be paid by the municipality
from the | ||||||
13 | Special Tax Allocation Fund when the tax increment revenue | ||||||
14 | is received
as a result of the assisted housing units and | ||||||
15 | shall be calculated annually as
follows:
| ||||||
16 | (A) for foundation districts, excluding any school | ||||||
17 | district in a
municipality with a population in excess | ||||||
18 | of 1,000,000, by multiplying the
district's increase | ||||||
19 | in attendance resulting from the net increase in new
| ||||||
20 | students enrolled in that school district who reside in | ||||||
21 | housing units within
the redevelopment project area | ||||||
22 | that have received financial assistance through
an | ||||||
23 | agreement with the municipality or because the | ||||||
24 | municipality incurs the cost
of necessary | ||||||
25 | infrastructure improvements within the boundaries of | ||||||
26 | the housing
sites necessary for the completion of that |
| |||||||
| |||||||
1 | housing as authorized by this Act
since the designation | ||||||
2 | of the redevelopment project area by the most recently
| ||||||
3 | available per capita tuition cost as defined in Section | ||||||
4 | 10-20.12a of the School
Code less any increase in | ||||||
5 | general State aid as defined in Section 18-8.05 of
the | ||||||
6 | School Code or primary State aid as defined in Section | ||||||
7 | 18-8.15 of the School Code attributable to these added | ||||||
8 | new students subject to the
following annual | ||||||
9 | limitations:
| ||||||
10 | (i) for unit school districts with a district | ||||||
11 | average 1995-96 Per
Capita
Tuition Charge of less | ||||||
12 | than $5,900, no more than 25% of the total amount | ||||||
13 | of
property tax increment revenue produced by | ||||||
14 | those housing units that have
received tax | ||||||
15 | increment finance assistance under this Act;
| ||||||
16 | (ii) for elementary school districts with a | ||||||
17 | district average 1995-96
Per
Capita Tuition Charge | ||||||
18 | of less than $5,900, no more than 17% of the total | ||||||
19 | amount
of property tax increment revenue produced | ||||||
20 | by those housing units that have
received tax | ||||||
21 | increment finance assistance under this Act; and
| ||||||
22 | (iii) for secondary school districts with a | ||||||
23 | district average 1995-96
Per
Capita Tuition Charge | ||||||
24 | of less than $5,900, no more than 8% of the total | ||||||
25 | amount
of property tax increment revenue produced | ||||||
26 | by those housing units that have
received tax |
| |||||||
| |||||||
1 | increment finance assistance under this Act.
| ||||||
2 | (B) For alternate method districts, flat grant | ||||||
3 | districts, and foundation
districts with a district | ||||||
4 | average 1995-96 Per Capita Tuition Charge equal to or
| ||||||
5 | more than $5,900, excluding any school district with a | ||||||
6 | population in excess of
1,000,000, by multiplying the | ||||||
7 | district's increase in attendance
resulting
from the | ||||||
8 | net increase in new students enrolled in that school | ||||||
9 | district who
reside in
housing units within the | ||||||
10 | redevelopment project area that have received
| ||||||
11 | financial assistance through an agreement with the | ||||||
12 | municipality or because the
municipality incurs the | ||||||
13 | cost of necessary infrastructure improvements within
| ||||||
14 | the boundaries of the housing sites necessary for the | ||||||
15 | completion of that
housing as authorized by this Act | ||||||
16 | since the designation of the redevelopment
project | ||||||
17 | area by the most recently available per capita tuition | ||||||
18 | cost as defined
in Section 10-20.12a of the School Code | ||||||
19 | less any increase in general state aid
as defined in | ||||||
20 | Section 18-8.05 of the School Code or primary State aid | ||||||
21 | as defined in Section 18-8.15 of the School Code | ||||||
22 | attributable to these added
new students subject to the | ||||||
23 | following annual limitations:
| ||||||
24 | (i) for unit school districts, no more than 40% | ||||||
25 | of the total amount of
property tax increment | ||||||
26 | revenue produced by those housing units that have
|
| |||||||
| |||||||
1 | received tax increment finance assistance under | ||||||
2 | this Act;
| ||||||
3 | (ii) for elementary school districts, no more | ||||||
4 | than 27% of the total
amount
of property tax | ||||||
5 | increment revenue produced by those housing units | ||||||
6 | that have
received tax increment finance | ||||||
7 | assistance under this Act; and
| ||||||
8 | (iii) for secondary school districts, no more | ||||||
9 | than 13% of the total
amount
of property tax | ||||||
10 | increment revenue produced by those housing units | ||||||
11 | that have
received tax increment finance | ||||||
12 | assistance under this Act.
| ||||||
13 | (C) For any school district in a municipality with | ||||||
14 | a population in
excess of
1,000,000, the following | ||||||
15 | restrictions shall apply to the
reimbursement of | ||||||
16 | increased costs under this paragraph (7.5):
| ||||||
17 | (i) no increased costs shall be reimbursed | ||||||
18 | unless the school district
certifies that each of | ||||||
19 | the schools affected by the assisted housing | ||||||
20 | project
is at or over its student capacity;
| ||||||
21 | (ii) the amount reimbursable shall be reduced | ||||||
22 | by the value of any
land
donated to the school | ||||||
23 | district by the municipality or developer, and by | ||||||
24 | the
value of any physical improvements made to the | ||||||
25 | schools by the
municipality or developer; and
| ||||||
26 | (iii) the amount reimbursed may not affect |
| |||||||
| |||||||
1 | amounts otherwise obligated
by
the terms of any | ||||||
2 | bonds, notes, or other funding instruments, or the | ||||||
3 | terms of
any redevelopment agreement.
| ||||||
4 | Any school district seeking payment under this | ||||||
5 | paragraph (7.5) shall,
after July 1 and before | ||||||
6 | September 30 of each year,
provide the municipality | ||||||
7 | with reasonable evidence to support its claim for
| ||||||
8 | reimbursement before the municipality shall be | ||||||
9 | required to approve or make
the payment to the school | ||||||
10 | district. If the school district fails to provide
the | ||||||
11 | information during this period in any year, it shall | ||||||
12 | forfeit any claim to
reimbursement for that year. | ||||||
13 | School districts may adopt a resolution
waiving the | ||||||
14 | right to all or a portion of the reimbursement | ||||||
15 | otherwise required
by this paragraph
(7.5). By | ||||||
16 | acceptance of this reimbursement the school
district | ||||||
17 | waives the right to directly or indirectly set aside, | ||||||
18 | modify, or
contest in any manner the establishment of | ||||||
19 | the redevelopment project area or
projects;
| ||||||
20 | (7.7) For redevelopment project areas designated (or | ||||||
21 | redevelopment
project areas amended to add or increase the | ||||||
22 | number of
tax-increment-financing assisted housing units) | ||||||
23 | on or after
January 1, 2005 (the effective date of Public | ||||||
24 | Act 93-961),
a public library
district's increased costs | ||||||
25 | attributable to assisted housing units located
within the
| ||||||
26 | redevelopment project area for which the developer or |
| |||||||
| |||||||
1 | redeveloper receives
financial assistance through an | ||||||
2 | agreement with the municipality or because the
| ||||||
3 | municipality incurs the cost of necessary infrastructure | ||||||
4 | improvements within
the boundaries of the assisted housing | ||||||
5 | sites necessary for the completion of
that housing
as | ||||||
6 | authorized by this Act shall be paid to the library | ||||||
7 | district by the
municipality
from the Special Tax | ||||||
8 | Allocation Fund when the tax increment revenue is received
| ||||||
9 | as a result of the assisted housing units. This paragraph | ||||||
10 | (7.7) applies only if (i) the library district is located | ||||||
11 | in a county that is subject to the Property Tax Extension | ||||||
12 | Limitation Law or (ii) the library district is not located | ||||||
13 | in a county that is subject to the Property Tax Extension | ||||||
14 | Limitation Law but the district is prohibited by any other | ||||||
15 | law from increasing its tax levy rate without a prior voter | ||||||
16 | referendum.
| ||||||
17 | The amount paid to a library district under this | ||||||
18 | paragraph (7.7) shall be
calculated
by multiplying (i) the | ||||||
19 | net increase in the number of persons eligible to obtain
a
| ||||||
20 | library card
in that district who reside in housing units | ||||||
21 | within
the redevelopment project area that have received | ||||||
22 | financial assistance through
an agreement with the | ||||||
23 | municipality or because the municipality incurs the cost
of | ||||||
24 | necessary infrastructure improvements within the | ||||||
25 | boundaries of the housing
sites necessary for the | ||||||
26 | completion of that housing as authorized by this Act
since |
| |||||||
| |||||||
1 | the designation of the redevelopment project area by (ii)
| ||||||
2 | the per-patron cost of providing library services so long | ||||||
3 | as it does not exceed $120.
The per-patron cost shall be | ||||||
4 | the Total Operating Expenditures Per Capita for the library | ||||||
5 | in the previous fiscal year.
The municipality may deduct | ||||||
6 | from the amount that it must pay to a library district | ||||||
7 | under this paragraph any amount that it has voluntarily | ||||||
8 | paid to the library district from the tax increment | ||||||
9 | revenue. The amount paid to a library district under this | ||||||
10 | paragraph (7.7) shall be no
more
than 2% of the amount | ||||||
11 | produced by the assisted housing units and deposited into | ||||||
12 | the Special Tax Allocation Fund.
| ||||||
13 | A library district is not eligible for any payment | ||||||
14 | under this paragraph
(7.7)
unless the library district has | ||||||
15 | experienced an increase in the
number of patrons from the | ||||||
16 | municipality that created the tax-increment-financing | ||||||
17 | district since the designation of the redevelopment | ||||||
18 | project area.
| ||||||
19 | Any library district seeking payment under this | ||||||
20 | paragraph (7.7) shall,
after July 1 and before September 30 | ||||||
21 | of each year,
provide the municipality with convincing | ||||||
22 | evidence to support its claim for
reimbursement before the | ||||||
23 | municipality shall be required to approve or make
the | ||||||
24 | payment to the library district. If the library district | ||||||
25 | fails to provide
the information during this period in any | ||||||
26 | year, it shall forfeit any claim to
reimbursement for that |
| |||||||
| |||||||
1 | year. Library districts may adopt a resolution
waiving the | ||||||
2 | right to all or a portion of the reimbursement otherwise | ||||||
3 | required by this paragraph (7.7). By acceptance of such | ||||||
4 | reimbursement, the library district shall forfeit any | ||||||
5 | right to directly or indirectly set aside, modify, or | ||||||
6 | contest in any manner whatsoever the establishment of the | ||||||
7 | redevelopment project area or
projects;
| ||||||
8 | (8) Relocation costs to the extent that a municipality | ||||||
9 | determines that
relocation costs shall be paid or is | ||||||
10 | required to make payment of relocation
costs by federal or | ||||||
11 | State law or in order to satisfy subparagraph (7) of
| ||||||
12 | subsection (n);
| ||||||
13 | (9) Payment in lieu of taxes;
| ||||||
14 | (10) Costs of job training, retraining, advanced | ||||||
15 | vocational education
or career
education, including but | ||||||
16 | not limited to courses in occupational,
semi-technical or | ||||||
17 | technical fields leading directly to employment, incurred
| ||||||
18 | by one or more taxing districts, provided that such costs | ||||||
19 | (i) are related
to the establishment and maintenance of | ||||||
20 | additional job training, advanced
vocational education or | ||||||
21 | career education programs for persons employed or
to be | ||||||
22 | employed by employers located in a redevelopment project | ||||||
23 | area; and
(ii) when incurred by a taxing district or taxing | ||||||
24 | districts other than the
municipality, are set forth in a | ||||||
25 | written agreement by or among the
municipality and the | ||||||
26 | taxing district or taxing districts, which agreement
|
| |||||||
| |||||||
1 | describes the program to be undertaken, including but not | ||||||
2 | limited to the
number of employees to be trained, a | ||||||
3 | description of the training and
services to be provided, | ||||||
4 | the number and type of positions available or to
be | ||||||
5 | available, itemized costs of the program and sources of | ||||||
6 | funds to pay for the
same, and the term of the agreement. | ||||||
7 | Such costs include, specifically, the
payment by community | ||||||
8 | college districts of costs pursuant to Sections 3-37,
3-38, | ||||||
9 | 3-40 and 3-40.1 of the Public Community College Act and by | ||||||
10 | school
districts of costs pursuant to Sections 10-22.20a | ||||||
11 | and 10-23.3a of The School
Code;
| ||||||
12 | (11) Interest cost incurred by a redeveloper related to | ||||||
13 | the
construction, renovation or rehabilitation of a | ||||||
14 | redevelopment project
provided that:
| ||||||
15 | (A) such costs are to be paid directly from the | ||||||
16 | special tax
allocation fund established pursuant to | ||||||
17 | this Act;
| ||||||
18 | (B) such payments in any one year may not exceed | ||||||
19 | 30% of the annual
interest costs incurred by the | ||||||
20 | redeveloper with regard to the redevelopment
project | ||||||
21 | during that year;
| ||||||
22 | (C) if there are not sufficient funds available in | ||||||
23 | the special tax
allocation fund to make the payment | ||||||
24 | pursuant to this paragraph (11) then
the amounts so due | ||||||
25 | shall accrue and be payable when sufficient funds are
| ||||||
26 | available in the special tax allocation fund;
|
| |||||||
| |||||||
1 | (D) the total of such interest payments paid | ||||||
2 | pursuant to this Act
may not exceed 30% of the total | ||||||
3 | (i) cost paid or incurred by the
redeveloper for the | ||||||
4 | redevelopment project plus (ii) redevelopment project
| ||||||
5 | costs excluding any property assembly costs and any | ||||||
6 | relocation costs
incurred by a municipality pursuant | ||||||
7 | to this Act; and
| ||||||
8 | (E) the cost limits set forth in subparagraphs (B) | ||||||
9 | and (D) of
paragraph (11) shall be modified for the | ||||||
10 | financing of rehabilitated or
new housing units for | ||||||
11 | low-income households and very low-income households, | ||||||
12 | as
defined in
Section 3 of the Illinois Affordable | ||||||
13 | Housing Act. The percentage of
75% shall be substituted | ||||||
14 | for 30% in subparagraphs (B) and (D) of
paragraph (11).
| ||||||
15 | (F) Instead of the eligible costs provided by | ||||||
16 | subparagraphs (B) and (D)
of
paragraph (11), as | ||||||
17 | modified by this subparagraph, and notwithstanding
any | ||||||
18 | other provisions of this Act to the contrary, the | ||||||
19 | municipality may
pay from tax increment revenues up to | ||||||
20 | 50% of the cost of construction
of new housing units to | ||||||
21 | be occupied by low-income households and very
| ||||||
22 | low-income
households as defined in Section 3 of the | ||||||
23 | Illinois Affordable Housing
Act. The cost of | ||||||
24 | construction of those units may be derived from the
| ||||||
25 | proceeds of bonds issued by the municipality under this | ||||||
26 | Act or
other constitutional or statutory authority or |
| |||||||
| |||||||
1 | from other sources of
municipal revenue that may be | ||||||
2 | reimbursed from tax increment
revenues or the proceeds | ||||||
3 | of bonds issued to finance the construction
of that | ||||||
4 | housing.
| ||||||
5 | The eligible costs provided under this | ||||||
6 | subparagraph (F) of paragraph (11)
shall
be
an eligible | ||||||
7 | cost for the construction, renovation, and | ||||||
8 | rehabilitation of all
low and very low-income housing | ||||||
9 | units, as defined in Section 3 of the Illinois
| ||||||
10 | Affordable Housing Act, within the redevelopment | ||||||
11 | project area. If the low and
very
low-income units are | ||||||
12 | part of a residential redevelopment project that | ||||||
13 | includes
units not affordable to low and very | ||||||
14 | low-income households, only the low and
very | ||||||
15 | low-income units shall be eligible for benefits under | ||||||
16 | subparagraph (F) of
paragraph (11).
The standards for | ||||||
17 | maintaining the occupancy
by low-income households and | ||||||
18 | very low-income households,
as
defined in Section 3 of | ||||||
19 | the Illinois Affordable Housing Act,
of those units | ||||||
20 | constructed with eligible costs made available under | ||||||
21 | the
provisions of
this subparagraph (F) of paragraph | ||||||
22 | (11)
shall be
established by guidelines adopted by the | ||||||
23 | municipality. The
responsibility for annually | ||||||
24 | documenting the initial occupancy of
the units by | ||||||
25 | low-income households and very low-income households, | ||||||
26 | as defined
in
Section 3
of the Illinois Affordable |
| |||||||
| |||||||
1 | Housing Act, shall be that of the then current
owner of | ||||||
2 | the property.
For ownership units, the guidelines will | ||||||
3 | provide, at a minimum, for a
reasonable recapture of | ||||||
4 | funds, or other appropriate methods designed to
| ||||||
5 | preserve the original affordability of the ownership | ||||||
6 | units. For rental units,
the guidelines will provide, | ||||||
7 | at a minimum, for the affordability of rent to low
and | ||||||
8 | very low-income households. As units become available, | ||||||
9 | they shall be
rented to income-eligible tenants.
The | ||||||
10 | municipality may modify these
guidelines from time to | ||||||
11 | time; the guidelines, however, shall be in effect
for | ||||||
12 | as long as tax increment revenue is being used to pay | ||||||
13 | for costs
associated with the units or for the | ||||||
14 | retirement of bonds issued to finance
the units or for | ||||||
15 | the life of the redevelopment project area, whichever | ||||||
16 | is
later.
| ||||||
17 | (11.5) If the redevelopment project area is located | ||||||
18 | within a municipality
with a population of more than | ||||||
19 | 100,000, the cost of day care services for
children of | ||||||
20 | employees from
low-income
families working for businesses | ||||||
21 | located within the redevelopment project area
and all or a
| ||||||
22 | portion of the cost of operation of day care centers | ||||||
23 | established by
redevelopment project
area businesses to | ||||||
24 | serve employees from low-income families working in
| ||||||
25 | businesses
located in the redevelopment project area. For | ||||||
26 | the purposes of this paragraph,
"low-income families" |
| |||||||
| |||||||
1 | means families whose annual income does not exceed 80% of
| ||||||
2 | the
municipal, county, or regional median income, adjusted | ||||||
3 | for family size, as the
annual
income and municipal, | ||||||
4 | county, or regional median income are determined from
time | ||||||
5 | to
time by the United States Department of Housing and | ||||||
6 | Urban Development.
| ||||||
7 | (12) Unless explicitly stated herein the cost of | ||||||
8 | construction of new
privately-owned buildings shall not be | ||||||
9 | an eligible redevelopment project cost.
| ||||||
10 | (13) After November 1, 1999 (the effective date of | ||||||
11 | Public Act
91-478), none of
the
redevelopment project costs | ||||||
12 | enumerated in this subsection shall be eligible
| ||||||
13 | redevelopment project costs if those costs would provide | ||||||
14 | direct financial
support to a
retail entity initiating | ||||||
15 | operations in the
redevelopment project area while
| ||||||
16 | terminating operations at another Illinois location within | ||||||
17 | 10 miles of the
redevelopment project area but outside the | ||||||
18 | boundaries of the redevelopment
project area municipality. | ||||||
19 | For
purposes of this paragraph, termination means a
closing | ||||||
20 | of a retail operation that is directly related to the | ||||||
21 | opening of the
same operation or like retail entity owned | ||||||
22 | or operated by more than 50% of the
original ownership in a | ||||||
23 | redevelopment project area, but
it does not mean
closing an | ||||||
24 | operation for reasons beyond the control of the
retail | ||||||
25 | entity, as
documented by the retail entity, subject to a | ||||||
26 | reasonable finding by the
municipality that the current |
| |||||||
| |||||||
1 | location contained inadequate space, had become
| ||||||
2 | economically obsolete, or was no longer a viable location | ||||||
3 | for the retailer or
serviceman.
| ||||||
4 | (14) No cost shall be a redevelopment project cost in a | ||||||
5 | redevelopment project area if used to demolish, remove, or | ||||||
6 | substantially modify a historic resource, after August 26, | ||||||
7 | 2008 (the effective date of Public Act 95-934), unless no | ||||||
8 | prudent and feasible alternative exists. "Historic | ||||||
9 | resource" for the purpose of this item (14) means (i) a | ||||||
10 | place or structure that is included or eligible for | ||||||
11 | inclusion on the National Register of Historic Places or | ||||||
12 | (ii) a contributing structure in a district on the National | ||||||
13 | Register of Historic Places. This item (14) does not apply | ||||||
14 | to a place or structure for which demolition, removal, or | ||||||
15 | modification is subject to review by the preservation | ||||||
16 | agency of a Certified Local Government designated as such | ||||||
17 | by the National Park Service of the United States | ||||||
18 | Department of the Interior. | ||||||
19 | If a special service area has been established pursuant to
| ||||||
20 | the Special Service Area Tax Act or Special Service Area Tax | ||||||
21 | Law, then any
tax increment revenues derived
from the tax | ||||||
22 | imposed pursuant to the Special Service Area Tax Act or Special
| ||||||
23 | Service Area Tax Law may
be used within the redevelopment | ||||||
24 | project area for the purposes permitted by
that Act or Law as | ||||||
25 | well as the purposes permitted by this Act.
| ||||||
26 | (q-1) For redevelopment project areas created pursuant to |
| |||||||
| |||||||
1 | subsection (p-1), redevelopment project costs are limited to | ||||||
2 | those costs in paragraph (q) that are related to the existing | ||||||
3 | or proposed Regional Transportation Authority Suburban Transit | ||||||
4 | Access Route (STAR Line) station. | ||||||
5 | (r) "State Sales Tax Boundary" means the redevelopment | ||||||
6 | project area or
the amended redevelopment project area | ||||||
7 | boundaries which are determined
pursuant to subsection (9) of | ||||||
8 | Section 11-74.4-8a of this
Act. The Department of Revenue shall | ||||||
9 | certify pursuant to subsection (9) of
Section 11-74.4-8a the | ||||||
10 | appropriate boundaries eligible for the
determination of State | ||||||
11 | Sales Tax Increment.
| ||||||
12 | (s) "State Sales Tax Increment" means an amount equal to | ||||||
13 | the increase
in the aggregate amount of taxes paid by retailers | ||||||
14 | and servicemen, other
than retailers and servicemen subject to | ||||||
15 | the Public Utilities Act,
on transactions at places of business | ||||||
16 | located within a State Sales Tax
Boundary pursuant to the | ||||||
17 | Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use | ||||||
18 | Tax Act, and the Service Occupation Tax Act, except such
| ||||||
19 | portion of such increase that is paid into the State and Local | ||||||
20 | Sales Tax
Reform Fund, the Local Government Distributive Fund, | ||||||
21 | the Local
Government Tax Fund and the County and Mass Transit | ||||||
22 | District Fund, for as
long as State participation exists, over | ||||||
23 | and above the Initial Sales Tax
Amounts, Adjusted Initial Sales | ||||||
24 | Tax Amounts or the Revised Initial Sales
Tax Amounts for such | ||||||
25 | taxes as certified by the Department of Revenue and
paid under | ||||||
26 | those Acts by retailers and servicemen on transactions at |
| |||||||
| |||||||
1 | places
of business located within the State Sales Tax Boundary | ||||||
2 | during the base
year which shall be the calendar year | ||||||
3 | immediately prior to the year in
which the municipality adopted | ||||||
4 | tax increment allocation financing, less
3.0% of such amounts | ||||||
5 | generated under the Retailers' Occupation Tax Act, Use
Tax Act | ||||||
6 | and Service Use Tax Act and the Service Occupation Tax Act, | ||||||
7 | which
sum shall be appropriated to the Department of Revenue to | ||||||
8 | cover its costs
of administering and enforcing this Section. | ||||||
9 | For purposes of computing the
aggregate amount of such taxes | ||||||
10 | for base years occurring prior to 1985, the
Department of | ||||||
11 | Revenue shall compute the Initial Sales Tax Amount for such
| ||||||
12 | taxes and deduct therefrom an amount equal to 4% of the | ||||||
13 | aggregate amount of
taxes per year for each year the base year | ||||||
14 | is prior to 1985, but not to
exceed a total deduction of 12%. | ||||||
15 | The amount so determined shall be known
as the "Adjusted | ||||||
16 | Initial Sales Tax Amount". For purposes of determining the
| ||||||
17 | State Sales Tax Increment the Department of Revenue shall for | ||||||
18 | each period
subtract from the tax amounts received from | ||||||
19 | retailers and servicemen on
transactions located in the State | ||||||
20 | Sales Tax Boundary, the certified Initial
Sales Tax Amounts, | ||||||
21 | Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax | ||||||
22 | Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
| ||||||
23 | the Service Use Tax Act and the Service Occupation Tax Act. For | ||||||
24 | the State
Fiscal Year 1989 this calculation shall be made by | ||||||
25 | utilizing the calendar
year 1987 to determine the tax amounts | ||||||
26 | received. For the State Fiscal Year
1990, this calculation |
| |||||||
| |||||||
1 | shall be made by utilizing the period from January
1, 1988, | ||||||
2 | until September 30, 1988, to determine the tax amounts received
| ||||||
3 | from retailers and servicemen, which shall have deducted | ||||||
4 | therefrom
nine-twelfths of the certified Initial Sales Tax | ||||||
5 | Amounts, Adjusted Initial
Sales Tax Amounts or the Revised | ||||||
6 | Initial Sales Tax Amounts as appropriate.
For the State Fiscal | ||||||
7 | Year 1991, this calculation shall be made by utilizing
the | ||||||
8 | period from October 1, 1988, until June 30, 1989, to determine | ||||||
9 | the tax
amounts received from retailers and servicemen, which | ||||||
10 | shall have
deducted therefrom nine-twelfths of the certified | ||||||
11 | Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax | ||||||
12 | Amounts or the Revised Initial Sales
Tax Amounts as | ||||||
13 | appropriate. For every State Fiscal Year thereafter, the
| ||||||
14 | applicable period shall be the 12 months beginning July 1 and | ||||||
15 | ending on
June 30, to determine the tax amounts received which | ||||||
16 | shall have deducted
therefrom the certified Initial Sales Tax | ||||||
17 | Amounts, Adjusted Initial Sales
Tax Amounts or the Revised | ||||||
18 | Initial Sales Tax Amounts. Municipalities
intending to receive | ||||||
19 | a distribution of State Sales Tax Increment must
report a list | ||||||
20 | of retailers to the Department of Revenue by October 31, 1988
| ||||||
21 | and by July 31, of each year thereafter.
| ||||||
22 | (t) "Taxing districts" means counties, townships, cities | ||||||
23 | and incorporated
towns and villages, school, road, park, | ||||||
24 | sanitary, mosquito abatement, forest
preserve, public health, | ||||||
25 | fire protection, river conservancy, tuberculosis
sanitarium | ||||||
26 | and any other municipal corporations or districts with the |
| |||||||
| |||||||
1 | power
to levy taxes.
| ||||||
2 | (u) "Taxing districts' capital costs" means those costs of | ||||||
3 | taxing districts
for capital improvements that are found by the | ||||||
4 | municipal corporate authorities
to be necessary and directly | ||||||
5 | result from the redevelopment project.
| ||||||
6 | (v) As used in subsection (a) of Section 11-74.4-3 of this
| ||||||
7 | Act, "vacant
land" means any parcel or combination of parcels | ||||||
8 | of real property without
industrial, commercial, and | ||||||
9 | residential buildings which has not been used
for commercial | ||||||
10 | agricultural purposes within 5 years prior to the
designation | ||||||
11 | of the redevelopment project area, unless the parcel
is | ||||||
12 | included in an industrial park conservation area or the parcel | ||||||
13 | has
been subdivided; provided that if the parcel was part of a | ||||||
14 | larger tract that
has been divided into 3 or more smaller | ||||||
15 | tracts that were accepted for
recording during the period from | ||||||
16 | 1950 to 1990, then the parcel shall be deemed
to have been | ||||||
17 | subdivided, and all proceedings and actions of the municipality
| ||||||
18 | taken in that connection with respect to any previously | ||||||
19 | approved or designated
redevelopment project area or amended | ||||||
20 | redevelopment project area are hereby
validated and hereby | ||||||
21 | declared to be legally sufficient for all purposes of this
Act.
| ||||||
22 | For purposes of this Section and only for land subject to
the | ||||||
23 | subdivision requirements of the Plat Act, land is subdivided | ||||||
24 | when the
original plat of
the proposed Redevelopment Project | ||||||
25 | Area or relevant portion thereof has
been
properly certified, | ||||||
26 | acknowledged, approved, and recorded or filed in accordance
|
| |||||||
| |||||||
1 | with the Plat Act and a preliminary plat, if any, for any | ||||||
2 | subsequent phases of
the
proposed Redevelopment Project Area or | ||||||
3 | relevant portion thereof has been
properly approved and filed | ||||||
4 | in accordance with the applicable ordinance of the
| ||||||
5 | municipality.
| ||||||
6 | (w) "Annual Total Increment" means the sum of each | ||||||
7 | municipality's
annual Net Sales Tax Increment and each | ||||||
8 | municipality's annual Net Utility
Tax Increment. The ratio of | ||||||
9 | the Annual Total Increment of each
municipality to the Annual | ||||||
10 | Total Increment for all municipalities, as most
recently | ||||||
11 | calculated by the Department, shall determine the proportional
| ||||||
12 | shares of the Illinois Tax Increment Fund to be distributed to | ||||||
13 | each
municipality.
| ||||||
14 | (x) "LEED certified" means any certification level of | ||||||
15 | construction elements by a qualified Leadership in Energy and | ||||||
16 | Environmental Design Accredited Professional as determined by | ||||||
17 | the U.S. Green Building Council. | ||||||
18 | (y) "Green Globes certified" means any certification level | ||||||
19 | of construction elements by a qualified Green Globes | ||||||
20 | Professional as determined by the Green Building Initiative. | ||||||
21 | (Source: P.A. 96-328, eff. 8-11-09; 96-630, eff. 1-1-10; | ||||||
22 | 96-680, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-101, eff. | ||||||
23 | 1-1-12.)
| ||||||
24 | (65 ILCS 5/11-74.4-8)
(from Ch. 24, par. 11-74.4-8)
| ||||||
25 | Sec. 11-74.4-8. Tax increment allocation financing. A |
| |||||||
| |||||||
1 | municipality may
not adopt tax increment financing in a
| ||||||
2 | redevelopment
project area after the effective date of this | ||||||
3 | amendatory Act of 1997 that will
encompass an area that is | ||||||
4 | currently included in an enterprise zone created
under the | ||||||
5 | Illinois Enterprise Zone Act unless that municipality, | ||||||
6 | pursuant to
Section 5.4 of the Illinois Enterprise Zone Act, | ||||||
7 | amends the enterprise zone
designating ordinance to limit the | ||||||
8 | eligibility for tax abatements as provided
in Section 5.4.1 of | ||||||
9 | the Illinois Enterprise Zone Act.
A municipality, at the time a | ||||||
10 | redevelopment project area
is designated, may adopt tax | ||||||
11 | increment allocation financing by passing an
ordinance | ||||||
12 | providing that the ad valorem taxes, if any, arising from the
| ||||||
13 | levies upon taxable real property in such redevelopment project
| ||||||
14 | area by taxing districts and tax rates determined in the manner | ||||||
15 | provided
in paragraph (c) of Section 11-74.4-9 each year after | ||||||
16 | the effective
date of the ordinance until redevelopment project | ||||||
17 | costs and all municipal
obligations financing redevelopment | ||||||
18 | project costs incurred under this Division
have been paid shall | ||||||
19 | be divided as follows:
| ||||||
20 | (a) That portion of taxes levied upon each taxable lot, | ||||||
21 | block, tract or
parcel of real property which is attributable | ||||||
22 | to the lower of the current
equalized assessed value or the | ||||||
23 | initial equalized assessed
value of each such taxable lot, | ||||||
24 | block, tract or parcel of real property
in the redevelopment | ||||||
25 | project area shall be allocated to and when collected
shall be | ||||||
26 | paid by the county collector to the respective affected taxing
|
| |||||||
| |||||||
1 | districts in the manner required by law in the absence of the | ||||||
2 | adoption of
tax increment allocation financing.
| ||||||
3 | (b) Except from a tax levied by a township to retire bonds | ||||||
4 | issued to satisfy
court-ordered damages, that portion, if any, | ||||||
5 | of such taxes which is
attributable to the
increase in the | ||||||
6 | current equalized assessed valuation of each taxable lot,
| ||||||
7 | block, tract or parcel of real property in the redevelopment | ||||||
8 | project area
over and above the initial equalized assessed | ||||||
9 | value of each property in the
project area shall be allocated | ||||||
10 | to and when collected shall be paid to the
municipal treasurer | ||||||
11 | who shall deposit said taxes into a special fund called
the | ||||||
12 | special tax allocation fund of the municipality for the purpose | ||||||
13 | of
paying redevelopment project costs and obligations incurred | ||||||
14 | in the payment
thereof. In any county with a population of | ||||||
15 | 3,000,000 or more that has adopted
a procedure for collecting | ||||||
16 | taxes that provides for one or more of the
installments of the | ||||||
17 | taxes to be billed and collected on an estimated basis,
the | ||||||
18 | municipal treasurer shall be paid for deposit in the special | ||||||
19 | tax
allocation fund of the municipality, from the taxes | ||||||
20 | collected from
estimated bills issued for property in the | ||||||
21 | redevelopment project area, the
difference between the amount | ||||||
22 | actually collected from each taxable lot,
block, tract, or | ||||||
23 | parcel of real property within the redevelopment project
area | ||||||
24 | and an amount determined by multiplying the rate at which taxes | ||||||
25 | were
last extended against the taxable lot, block, track, or | ||||||
26 | parcel of real
property in the manner provided in subsection |
| |||||||
| |||||||
1 | (c) of Section 11-74.4-9 by
the initial equalized assessed | ||||||
2 | value of the property divided by the number
of installments in | ||||||
3 | which real estate taxes are billed and collected within
the | ||||||
4 | county; provided that the payments on or before December 31,
| ||||||
5 | 1999 to a municipal treasurer shall be made only if each of the | ||||||
6 | following
conditions are met:
| ||||||
7 | (1) The total equalized assessed value of the | ||||||
8 | redevelopment project
area as last determined was not less | ||||||
9 | than 175% of the total initial
equalized assessed value.
| ||||||
10 | (2) Not more than 50% of the total equalized assessed | ||||||
11 | value of the
redevelopment project area as last determined | ||||||
12 | is attributable to a piece of
property assigned a single | ||||||
13 | real estate index number.
| ||||||
14 | (3) The municipal clerk has certified to the county | ||||||
15 | clerk that the
municipality has issued its obligations to | ||||||
16 | which there has been pledged
the incremental property taxes | ||||||
17 | of the redevelopment project area or taxes
levied and | ||||||
18 | collected on any or all property in the municipality or
the | ||||||
19 | full faith and credit of the municipality to pay or secure | ||||||
20 | payment for
all or a portion of the redevelopment project | ||||||
21 | costs. The certification
shall be filed annually no later | ||||||
22 | than September 1 for the estimated taxes
to be distributed | ||||||
23 | in the following year; however, for the year 1992 the
| ||||||
24 | certification shall be made at any time on or before March | ||||||
25 | 31, 1992.
| ||||||
26 | (4) The municipality has not requested that the total |
| |||||||
| |||||||
1 | initial
equalized assessed value of real property be | ||||||
2 | adjusted as provided in
subsection (b) of Section | ||||||
3 | 11-74.4-9.
| ||||||
4 | The conditions of paragraphs (1) through (4) do not apply | ||||||
5 | after December
31, 1999 to payments to a municipal treasurer
| ||||||
6 | made by a county with 3,000,000 or more inhabitants that has | ||||||
7 | adopted an
estimated billing procedure for collecting taxes.
If | ||||||
8 | a county that has adopted the estimated billing
procedure makes | ||||||
9 | an erroneous overpayment of tax revenue to the municipal
| ||||||
10 | treasurer, then the county may seek a refund of that | ||||||
11 | overpayment.
The county shall send the municipal treasurer a | ||||||
12 | notice of liability for the
overpayment on or before the | ||||||
13 | mailing date of the next real estate tax bill
within the | ||||||
14 | county. The refund shall be limited to the amount of the
| ||||||
15 | overpayment.
| ||||||
16 | It is the intent of this Division that after the effective | ||||||
17 | date of this
amendatory Act of 1988 a municipality's own ad | ||||||
18 | valorem
tax arising from levies on taxable real property be | ||||||
19 | included in the
determination of incremental revenue in the | ||||||
20 | manner provided in paragraph
(c) of Section 11-74.4-9. If the | ||||||
21 | municipality does not extend such a tax,
it shall annually | ||||||
22 | deposit in the municipality's Special Tax Increment Fund
an | ||||||
23 | amount equal to 10% of the total contributions to the fund from | ||||||
24 | all
other taxing districts in that year. The annual 10% deposit | ||||||
25 | required by
this paragraph shall be limited to the actual | ||||||
26 | amount of municipally
produced incremental tax revenues |
| |||||||
| |||||||
1 | available to the municipality from
taxpayers located in the | ||||||
2 | redevelopment project area in that year if:
(a) the plan for | ||||||
3 | the area restricts the use of the property primarily to
| ||||||
4 | industrial purposes, (b) the municipality establishing the | ||||||
5 | redevelopment
project area is a home-rule community with a 1990 | ||||||
6 | population of between
25,000 and 50,000, (c) the municipality | ||||||
7 | is wholly located within a county
with a 1990 population of | ||||||
8 | over 750,000 and (d) the redevelopment project
area was | ||||||
9 | established by the municipality prior to June 1, 1990. This
| ||||||
10 | payment shall be in lieu of a contribution of ad valorem taxes | ||||||
11 | on real
property. If no such payment is made, any redevelopment | ||||||
12 | project area of the
municipality shall be dissolved.
| ||||||
13 | If a municipality has adopted tax increment allocation | ||||||
14 | financing by ordinance
and the County Clerk thereafter | ||||||
15 | certifies the "total initial equalized assessed
value as | ||||||
16 | adjusted" of the taxable real property within such | ||||||
17 | redevelopment
project area in the manner provided in paragraph | ||||||
18 | (b) of Section 11-74.4-9,
each year after the date of the | ||||||
19 | certification of the total initial equalized
assessed value as | ||||||
20 | adjusted until redevelopment project costs and all
municipal | ||||||
21 | obligations financing redevelopment project costs have been | ||||||
22 | paid
the ad valorem taxes, if any, arising from the levies upon | ||||||
23 | the taxable real
property in such redevelopment project area by | ||||||
24 | taxing districts and tax
rates determined in the manner | ||||||
25 | provided in paragraph (c) of Section
11-74.4-9 shall be divided | ||||||
26 | as follows:
|
| |||||||
| |||||||
1 | (1) That portion of the taxes levied upon each taxable | ||||||
2 | lot, block, tract
or parcel of real property which is | ||||||
3 | attributable to the lower of the
current equalized assessed | ||||||
4 | value or "current equalized assessed value as
adjusted" or | ||||||
5 | the initial equalized assessed value of each such taxable | ||||||
6 | lot,
block, tract, or parcel of real property existing at | ||||||
7 | the time tax increment
financing was adopted, minus the | ||||||
8 | total current homestead exemptions under Article 15 of the | ||||||
9 | Property
Tax Code in the
redevelopment project area shall | ||||||
10 | be allocated to and when collected shall be
paid by the | ||||||
11 | county collector to the respective affected taxing | ||||||
12 | districts in the
manner required by law in the absence of | ||||||
13 | the adoption of tax increment
allocation financing.
| ||||||
14 | (2) That portion, if any, of such taxes which is | ||||||
15 | attributable to the
increase in the current equalized | ||||||
16 | assessed valuation of each taxable lot,
block, tract, or | ||||||
17 | parcel of real property in the redevelopment project area,
| ||||||
18 | over and above the initial equalized assessed value of each | ||||||
19 | property
existing at the time tax increment financing was | ||||||
20 | adopted, minus the total
current homestead exemptions | ||||||
21 | pertaining to each piece of property provided
by Article 15 | ||||||
22 | of the Property Tax Code
in the redevelopment
project area, | ||||||
23 | shall be allocated to and when collected shall be paid to | ||||||
24 | the
municipal Treasurer, who shall deposit said taxes into | ||||||
25 | a special fund called
the special tax allocation fund of | ||||||
26 | the municipality for the purpose of paying
redevelopment |
| |||||||
| |||||||
1 | project costs and obligations incurred in the payment | ||||||
2 | thereof.
| ||||||
3 | The municipality may pledge in the ordinance the funds in | ||||||
4 | and to be
deposited in the special tax allocation fund for the | ||||||
5 | payment of such costs
and obligations. No part of the current | ||||||
6 | equalized assessed valuation of
each property in the | ||||||
7 | redevelopment project area attributable to any
increase above | ||||||
8 | the total initial equalized assessed value, or the total
| ||||||
9 | initial equalized assessed value as adjusted, of such | ||||||
10 | properties shall be
used in calculating the general State | ||||||
11 | school aid formula, provided for in
Section 18-8 of the School | ||||||
12 | Code, or the primary State aid formula, provided for in Section | ||||||
13 | 18-8.15 of the School Code, until such time as all | ||||||
14 | redevelopment
project costs have been paid as provided for in | ||||||
15 | this Section.
| ||||||
16 | Whenever a municipality issues bonds for the purpose of | ||||||
17 | financing
redevelopment project costs, such municipality may | ||||||
18 | provide by ordinance for the
appointment of a trustee, which | ||||||
19 | may be any trust company within the State,
and for the | ||||||
20 | establishment of such funds or accounts to be maintained by
| ||||||
21 | such trustee as the municipality shall deem necessary to | ||||||
22 | provide for the
security and payment of the bonds. If such | ||||||
23 | municipality provides for
the appointment of a trustee, such | ||||||
24 | trustee shall be considered the assignee
of any payments | ||||||
25 | assigned by the municipality pursuant to such ordinance
and | ||||||
26 | this Section. Any amounts paid to such trustee as assignee |
| |||||||
| |||||||
1 | shall be
deposited in the funds or accounts established | ||||||
2 | pursuant to such trust
agreement, and shall be held by such | ||||||
3 | trustee in trust for the benefit of the
holders of the bonds, | ||||||
4 | and such holders shall have a lien on and a security
interest | ||||||
5 | in such funds or accounts so long as the bonds remain | ||||||
6 | outstanding and
unpaid. Upon retirement of the bonds, the | ||||||
7 | trustee shall pay over any excess
amounts held to the | ||||||
8 | municipality for deposit in the special tax allocation
fund.
| ||||||
9 | When such redevelopment projects costs, including without | ||||||
10 | limitation all
municipal obligations financing redevelopment | ||||||
11 | project costs incurred under
this Division, have been paid, all | ||||||
12 | surplus funds then remaining in the
special tax allocation fund | ||||||
13 | shall be distributed
by being paid by the
municipal treasurer | ||||||
14 | to the Department of Revenue, the municipality and the
county | ||||||
15 | collector; first to the Department of Revenue and the | ||||||
16 | municipality
in direct proportion to the tax incremental | ||||||
17 | revenue received from the State
and the municipality, but not | ||||||
18 | to exceed the total incremental revenue received
from the State | ||||||
19 | or the municipality less any annual surplus distribution
of | ||||||
20 | incremental revenue previously made; with any remaining funds | ||||||
21 | to be paid
to the County Collector who shall immediately | ||||||
22 | thereafter pay said funds to
the taxing districts in the | ||||||
23 | redevelopment project area in the same manner
and proportion as | ||||||
24 | the most recent distribution by the county collector to
the | ||||||
25 | affected districts of real property taxes from real property in | ||||||
26 | the
redevelopment project area.
|
| |||||||
| |||||||
1 | Upon the payment of all redevelopment project costs, the | ||||||
2 | retirement of
obligations, the distribution of any excess | ||||||
3 | monies pursuant to this
Section, and final closing of the books | ||||||
4 | and records of the redevelopment
project
area, the municipality | ||||||
5 | shall adopt an ordinance dissolving the special
tax allocation | ||||||
6 | fund for the redevelopment project area and terminating the
| ||||||
7 | designation of the redevelopment project area as a | ||||||
8 | redevelopment project
area.
Title to real or personal property | ||||||
9 | and public improvements
acquired
by or for
the
municipality as | ||||||
10 | a result of the redevelopment project and plan shall vest in
| ||||||
11 | the
municipality when acquired and shall continue to be held by | ||||||
12 | the municipality
after the redevelopment project area has been | ||||||
13 | terminated.
Municipalities shall notify affected taxing | ||||||
14 | districts prior to
November 1 if the redevelopment project area | ||||||
15 | is to be terminated by December 31
of
that same year. If a | ||||||
16 | municipality extends estimated dates of completion of a
| ||||||
17 | redevelopment project and retirement of obligations to finance | ||||||
18 | a
redevelopment project, as allowed by this amendatory Act of | ||||||
19 | 1993, that
extension shall not extend the property tax | ||||||
20 | increment allocation financing
authorized by this Section. | ||||||
21 | Thereafter the rates of the taxing districts
shall be extended | ||||||
22 | and taxes levied, collected and distributed in the manner
| ||||||
23 | applicable in the absence of the adoption of tax increment | ||||||
24 | allocation
financing.
| ||||||
25 | Nothing in this Section shall be construed as relieving | ||||||
26 | property in such
redevelopment project areas from being |
| |||||||
| |||||||
1 | assessed as provided in the Property
Tax Code or as relieving | ||||||
2 | owners of such property from paying a uniform rate of
taxes, as | ||||||
3 | required by Section 4 of Article IX of the Illinois | ||||||
4 | Constitution.
| ||||||
5 | (Source: P.A. 98-463, eff. 8-16-13.)
| ||||||
6 | (65 ILCS 5/11-74.6-35)
| ||||||
7 | Sec. 11-74.6-35. Ordinance for tax increment allocation | ||||||
8 | financing.
| ||||||
9 | (a) A municipality, at the time a redevelopment project | ||||||
10 | area
is designated, may adopt tax increment allocation | ||||||
11 | financing by passing an
ordinance providing that the ad valorem | ||||||
12 | taxes, if any, arising from the
levies upon taxable real | ||||||
13 | property within the redevelopment project
area by taxing | ||||||
14 | districts and tax rates determined in the manner provided
in | ||||||
15 | subsection (b) of Section 11-74.6-40 each year after the | ||||||
16 | effective
date of the ordinance until redevelopment project | ||||||
17 | costs and all municipal
obligations financing redevelopment | ||||||
18 | project costs incurred under this Act
have been paid shall be | ||||||
19 | divided as follows:
| ||||||
20 | (1) That portion of the taxes levied upon each taxable | ||||||
21 | lot, block,
tract or parcel of real property that is | ||||||
22 | attributable to the lower of the
current equalized assessed | ||||||
23 | value or the initial equalized assessed value or the
| ||||||
24 | updated initial equalized assessed value of
each taxable | ||||||
25 | lot, block, tract or parcel of real property in the
|
| |||||||
| |||||||
1 | redevelopment project area shall be allocated to and when | ||||||
2 | collected shall
be paid by the county collector to the | ||||||
3 | respective affected taxing districts
in the manner | ||||||
4 | required by law without regard to the adoption of tax
| ||||||
5 | increment allocation financing.
| ||||||
6 | (2) That portion, if any, of those taxes that is | ||||||
7 | attributable to the
increase in the current equalized | ||||||
8 | assessed value of each taxable lot,
block, tract or parcel | ||||||
9 | of real property in the redevelopment project area,
over | ||||||
10 | and above the initial equalized assessed value or the | ||||||
11 | updated initial
equalized assessed value of each property | ||||||
12 | in the
project area, shall be allocated to and when | ||||||
13 | collected shall be paid by the
county collector to the | ||||||
14 | municipal treasurer who shall deposit that portion
of those | ||||||
15 | taxes into a special fund called the special tax allocation | ||||||
16 | fund
of the municipality for the purpose of paying | ||||||
17 | redevelopment project costs
and obligations incurred in | ||||||
18 | the payment of those costs and obligations.
In any county | ||||||
19 | with a population of 3,000,000 or more that has adopted
a | ||||||
20 | procedure for collecting taxes that provides for one or | ||||||
21 | more of the
installments of the taxes to be billed and | ||||||
22 | collected on an estimated basis,
the municipal treasurer | ||||||
23 | shall be paid for deposit in the special tax
allocation | ||||||
24 | fund of the municipality, from the taxes collected from
| ||||||
25 | estimated bills issued for property in the redevelopment | ||||||
26 | project area, the
difference between the amount actually |
| |||||||
| |||||||
1 | collected from each taxable lot,
block, tract, or parcel of | ||||||
2 | real property within the redevelopment project
area and an | ||||||
3 | amount determined by multiplying the rate at which taxes | ||||||
4 | were
last extended against the taxable lot, block, track, | ||||||
5 | or parcel of real
property in the manner provided in | ||||||
6 | subsection (b) of Section 11-74.6-40 by
the initial | ||||||
7 | equalized assessed value or the updated initial equalized | ||||||
8 | assessed
value of the property divided by the number
of | ||||||
9 | installments in which real estate taxes are billed and | ||||||
10 | collected within
the county, provided that the payments on | ||||||
11 | or before December 31, 1999 to a
municipal treasurer shall | ||||||
12 | be made only if each of the following conditions
are met:
| ||||||
13 | (A) The total equalized assessed value of the | ||||||
14 | redevelopment project
area as last determined was not | ||||||
15 | less than 175% of the total initial
equalized assessed | ||||||
16 | value.
| ||||||
17 | (B) Not more than 50% of the total equalized | ||||||
18 | assessed value of the
redevelopment project area as | ||||||
19 | last determined is attributable to a piece of
property | ||||||
20 | assigned a single real estate index number.
| ||||||
21 | (C) The municipal clerk has certified to the county | ||||||
22 | clerk that the
municipality has issued its obligations | ||||||
23 | to which there has been pledged
the incremental | ||||||
24 | property taxes of the redevelopment project area or | ||||||
25 | taxes
levied and collected on any or all property in | ||||||
26 | the municipality or
the full faith and credit of the |
| |||||||
| |||||||
1 | municipality to pay or secure payment for
all or a | ||||||
2 | portion of the redevelopment project costs. The | ||||||
3 | certification
shall be filed annually no later than | ||||||
4 | September 1 for the estimated taxes
to be distributed | ||||||
5 | in the following year.
| ||||||
6 | The conditions of paragraphs (A) through (C) do not apply | ||||||
7 | after December
31, 1999 to payments to a municipal treasurer
| ||||||
8 | made by a county with 3,000,000 or more inhabitants that has | ||||||
9 | adopted an
estimated billing procedure for collecting taxes.
If | ||||||
10 | a county that has adopted the estimated billing
procedure makes | ||||||
11 | an erroneous overpayment of tax revenue to the municipal
| ||||||
12 | treasurer, then the county may seek a refund of that | ||||||
13 | overpayment.
The county shall send the municipal treasurer a | ||||||
14 | notice of liability for the
overpayment on or before the | ||||||
15 | mailing date of the next real estate tax bill
within the | ||||||
16 | county. The refund shall be limited to the amount of the
| ||||||
17 | overpayment.
| ||||||
18 | (b) It is the intent of this Act that a municipality's own | ||||||
19 | ad valorem
tax arising from levies on taxable real property be | ||||||
20 | included in the
determination of incremental revenue in the | ||||||
21 | manner provided in paragraph
(b) of Section 11-74.6-40.
| ||||||
22 | (c) If a municipality has adopted tax increment allocation | ||||||
23 | financing for a
redevelopment project area by
ordinance and the | ||||||
24 | county clerk thereafter certifies the total initial
equalized | ||||||
25 | assessed value or the total updated initial equalized
assessed | ||||||
26 | value of the taxable real property within such redevelopment
|
| |||||||
| |||||||
1 | project area in the manner provided in paragraph (a) or (b) of | ||||||
2 | Section
11-74.6-40, each year after the date of the | ||||||
3 | certification of the total
initial equalized assessed value or | ||||||
4 | the total updated initial
equalized assessed value until | ||||||
5 | redevelopment project costs and all
municipal obligations | ||||||
6 | financing redevelopment project costs have been paid,
the ad | ||||||
7 | valorem taxes, if any, arising from the levies upon the taxable | ||||||
8 | real
property in the redevelopment project area by taxing | ||||||
9 | districts and tax
rates determined in the manner provided in | ||||||
10 | paragraph (b) of Section
11-74.6-40 shall be divided as | ||||||
11 | follows:
| ||||||
12 | (1) That portion of the taxes levied upon each taxable | ||||||
13 | lot, block, tract
or parcel of real property that is | ||||||
14 | attributable to the lower of the
current equalized assessed | ||||||
15 | value or the initial equalized assessed value, or
the | ||||||
16 | updated initial equalized assessed value of each parcel if | ||||||
17 | the updated
initial equalized assessed value of that parcel | ||||||
18 | has been certified in
accordance with Section 11-74.6-40, | ||||||
19 | whichever has been most
recently certified, of each taxable | ||||||
20 | lot, block, tract, or parcel of real
property existing at | ||||||
21 | the time tax increment allocation financing was
adopted in | ||||||
22 | the redevelopment project area, shall be allocated to and | ||||||
23 | when
collected shall be paid by the county collector to the | ||||||
24 | respective affected
taxing districts in the manner | ||||||
25 | required by law without regard to the adoption
of tax | ||||||
26 | increment allocation financing.
|
| |||||||
| |||||||
1 | (2) That portion, if any, of those taxes that is | ||||||
2 | attributable to the
increase in the current equalized | ||||||
3 | assessed value of each taxable lot,
block, tract, or parcel | ||||||
4 | of real property in the redevelopment project area,
over | ||||||
5 | and above the initial equalized assessed value of each | ||||||
6 | property
existing at the time tax increment allocation | ||||||
7 | financing was adopted
in the redevelopment project area, or
| ||||||
8 | the updated initial equalized assessed value of each parcel | ||||||
9 | if the updated
initial equalized assessed value of that | ||||||
10 | parcel has been certified in
accordance with Section | ||||||
11 | 11-74.6-40, shall be allocated to and when collected
shall | ||||||
12 | be paid to the municipal treasurer, who shall deposit those | ||||||
13 | taxes
into a special fund called the special tax allocation | ||||||
14 | fund of the
municipality for the purpose of paying | ||||||
15 | redevelopment project costs and
obligations incurred in | ||||||
16 | the payment thereof.
| ||||||
17 | (d) The municipality may pledge in the ordinance the funds | ||||||
18 | in and to be
deposited in the special tax allocation fund for | ||||||
19 | the payment of
redevelopment project costs and obligations. No | ||||||
20 | part of the current
equalized assessed value of each property | ||||||
21 | in the redevelopment project
area attributable to any increase | ||||||
22 | above the total initial equalized
assessed value
or the total | ||||||
23 | initial updated equalized assessed value of the property,
shall | ||||||
24 | be used in calculating the general General State aid formula | ||||||
25 | School Aid Formula , provided
for in Section 18-8 of the School | ||||||
26 | Code, or the primary State aid formula, provided for in Section |
| |||||||
| |||||||
1 | 18-8.15 of the School Code, until all redevelopment project
| ||||||
2 | costs have been paid as provided for in this Section.
| ||||||
3 | Whenever a municipality issues bonds for the purpose of | ||||||
4 | financing
redevelopment project costs, that municipality may | ||||||
5 | provide by ordinance for the
appointment of a trustee, which | ||||||
6 | may be any trust company within the State,
and for the | ||||||
7 | establishment of any funds or accounts to be maintained by
that | ||||||
8 | trustee, as the municipality deems necessary to provide for the
| ||||||
9 | security and payment of the bonds. If the municipality provides | ||||||
10 | for
the appointment of a trustee, the trustee shall be | ||||||
11 | considered the assignee
of any payments assigned by the | ||||||
12 | municipality under that ordinance
and this Section. Any amounts | ||||||
13 | paid to the trustee as
assignee shall be deposited into the | ||||||
14 | funds or accounts established
under the trust agreement, and | ||||||
15 | shall be held by the trustee in trust for the
benefit of the | ||||||
16 | holders of the bonds. The holders of those bonds shall have a
| ||||||
17 | lien on and a security interest in those funds or accounts | ||||||
18 | while the
bonds remain outstanding and unpaid. Upon retirement | ||||||
19 | of the bonds,
the trustee shall pay over any excess amounts | ||||||
20 | held to the municipality for
deposit in the special tax | ||||||
21 | allocation fund.
| ||||||
22 | When the redevelopment projects costs, including without | ||||||
23 | limitation all
municipal obligations financing redevelopment | ||||||
24 | project costs incurred under
this Law, have been paid, all | ||||||
25 | surplus funds then remaining in the
special tax allocation fund | ||||||
26 | shall be distributed by being paid by the
municipal treasurer |
| |||||||
| |||||||
1 | to the municipality and the county collector; first to
the | ||||||
2 | municipality in direct proportion to the tax incremental | ||||||
3 | revenue
received from the municipality, but not to exceed the | ||||||
4 | total incremental
revenue received from the municipality, | ||||||
5 | minus any annual surplus
distribution of incremental revenue | ||||||
6 | previously made. Any remaining funds
shall be paid to the | ||||||
7 | county collector who shall immediately distribute that
payment | ||||||
8 | to the taxing districts in the redevelopment project area in | ||||||
9 | the
same manner and proportion as the most recent distribution | ||||||
10 | by the county
collector to the affected districts of real | ||||||
11 | property taxes from real
property situated in the redevelopment | ||||||
12 | project area.
| ||||||
13 | Upon the payment of all redevelopment project costs, | ||||||
14 | retirement of
obligations and the distribution of any excess | ||||||
15 | moneys under this
Section, the municipality shall adopt an | ||||||
16 | ordinance dissolving the special
tax allocation fund for the | ||||||
17 | redevelopment project area and terminating the
designation of | ||||||
18 | the redevelopment project area as a redevelopment project
area. | ||||||
19 | Thereafter the tax levies of taxing districts shall be | ||||||
20 | extended,
collected and distributed in the same manner | ||||||
21 | applicable
before the adoption of tax increment allocation | ||||||
22 | financing.
Municipality shall notify affected taxing districts | ||||||
23 | prior to November if the
redevelopment project area is to be | ||||||
24 | terminated by December 31 of that same
year.
| ||||||
25 | Nothing in this Section shall be construed as relieving | ||||||
26 | property in a
redevelopment project area from being assessed as |
| |||||||
| |||||||
1 | provided in the Property
Tax Code or as relieving owners of | ||||||
2 | that property
from paying a uniform rate of taxes, as required | ||||||
3 | by Section 4 of Article IX
of the Illinois Constitution.
| ||||||
4 | (Source: P.A. 91-474, eff. 11-1-99.)
| ||||||
5 | Section 940. The Economic Development Project Area Tax | ||||||
6 | Increment Allocation Act of
1995 is amended by changing Section | ||||||
7 | 50 as follows:
| ||||||
8 | (65 ILCS 110/50)
| ||||||
9 | Sec. 50. Special tax allocation fund.
| ||||||
10 | (a) If a county clerk has certified the "total initial | ||||||
11 | equalized assessed
value" of the taxable real property within | ||||||
12 | an economic development project area
in the manner provided in | ||||||
13 | Section 45, each year after the date of the
certification by | ||||||
14 | the county clerk of the "total initial equalized assessed
| ||||||
15 | value", until economic development project costs and all | ||||||
16 | municipal obligations
financing economic development project | ||||||
17 | costs have been paid, the ad valorem
taxes, if any, arising | ||||||
18 | from the levies upon the taxable real property in the
economic | ||||||
19 | development project area by taxing districts and tax rates | ||||||
20 | determined
in the manner provided in subsection (b) of Section | ||||||
21 | 45 shall be divided as
follows:
| ||||||
22 | (1) That portion of the taxes levied upon each taxable
| ||||||
23 | lot, block, tract, or parcel of real property that is | ||||||
24 | attributable to the lower
of the current equalized assessed |
| |||||||
| |||||||
1 | value or the initial equalized assessed value
of each | ||||||
2 | taxable lot, block, tract, or parcel of real property | ||||||
3 | existing
at the time tax increment financing was adopted | ||||||
4 | shall be allocated to (and when
collected shall be paid by | ||||||
5 | the county collector to) the respective affected
taxing | ||||||
6 | districts in the manner required by law in the absence of | ||||||
7 | the adoption
of tax increment allocation financing.
| ||||||
8 | (2) That portion, if any, of the taxes that is | ||||||
9 | attributable to the
increase in the current equalized | ||||||
10 | assessed valuation of each taxable lot,
block, tract, or
| ||||||
11 | parcel of real property in the economic development project | ||||||
12 | area, over and
above the initial equalized assessed value | ||||||
13 | of each property existing at the
time tax increment | ||||||
14 | financing was adopted, shall be allocated to (and when
| ||||||
15 | collected shall be paid to) the municipal treasurer, who | ||||||
16 | shall deposit the
taxes into a special fund (called the | ||||||
17 | special tax allocation fund of the
municipality) for the | ||||||
18 | purpose of paying economic development project costs and
| ||||||
19 | obligations incurred in the payment of those costs.
| ||||||
20 | (b) The municipality, by an ordinance adopting tax | ||||||
21 | increment allocation
financing, may pledge the monies in and to | ||||||
22 | be deposited into the special tax
allocation fund for the | ||||||
23 | payment of obligations issued under this Act and for
the | ||||||
24 | payment of economic development project costs. No part of the | ||||||
25 | current
equalized assessed valuation of each property in the | ||||||
26 | economic development
project area attributable to any increase |
| |||||||
| |||||||
1 | above the total initial equalized
assessed value of those | ||||||
2 | properties shall be used in calculating the general
State | ||||||
3 | school aid formula under
Section 18-8 of the School Code or the | ||||||
4 | primary State aid formula under Section 18-8.15 of the School | ||||||
5 | Code, until all economic development projects costs
have been | ||||||
6 | paid as provided for in this Section.
| ||||||
7 | (c) When the economic development projects costs, | ||||||
8 | including without
limitation all municipal obligations | ||||||
9 | financing economic development project
costs incurred under | ||||||
10 | this Act, have been paid, all surplus monies then
remaining in | ||||||
11 | the special tax allocation fund shall be distributed by being | ||||||
12 | paid
by the municipal treasurer to the county collector, who | ||||||
13 | shall immediately pay
the monies to the taxing districts having | ||||||
14 | taxable property in the economic
development project area in | ||||||
15 | the same manner and proportion as the most recent
distribution | ||||||
16 | by the county collector to those taxing districts of real | ||||||
17 | property
taxes from real property in the economic development | ||||||
18 | project area.
| ||||||
19 | (d) Upon the payment of all economic development project | ||||||
20 | costs, retirement
of obligations, and distribution of any | ||||||
21 | excess monies under this Section and
not later than 23 years | ||||||
22 | from the date of the adoption of the ordinance
establishing the | ||||||
23 | economic development project area, the municipality shall
| ||||||
24 | adopt an ordinance dissolving the special tax allocation fund | ||||||
25 | for the economic
development project area and terminating the | ||||||
26 | designation of the economic
development project area as an |
| |||||||
| |||||||
1 | economic development project area.
Thereafter, the rates of the | ||||||
2 | taxing districts shall be extended and taxes shall
be levied, | ||||||
3 | collected, and distributed in the manner applicable in the | ||||||
4 | absence
of the adoption of tax increment allocation financing.
| ||||||
5 | (e) Nothing in this Section shall be construed as relieving | ||||||
6 | property in the
economic development project areas from being | ||||||
7 | assessed as provided in the
Property Tax Code or as relieving | ||||||
8 | owners or lessees of that property from
paying a uniform rate | ||||||
9 | of taxes as required by Section 4 of Article IX of the
Illinois | ||||||
10 | Constitution.
| ||||||
11 | (Source: P.A. 98-463, eff. 8-16-13.)
| ||||||
12 | Section 945. The School Code is amended by changing | ||||||
13 | Sections 1A-8, 1B-5, 1B-6, 1B-7, 1B-8, 1C-1, 1C-2, 1D-1, 1E-20, | ||||||
14 | 1F-20, 1F-62, 1H-20, 1H-70, 2-3.28, 2-3.33, 2-3.51.5, 2-3.66, | ||||||
15 | 2-3.66b, 2-3.84, 2-3.109a, 3-14.21, 7-14A, 10-17a, 10-19, | ||||||
16 | 10-22.5a, 10-22.20, 10-29, 11E-135, 13A-8, 13B-20.20, 13B-45, | ||||||
17 | 13B-50, 13B-50.10, 13B-50.15, 14-7.02, 14-7.02b, 14-7.03, | ||||||
18 | 14-13.01, 14C-1, 14C-12, 17-1, 17-1.2, 17-1.5, 17-2.11, 17-2A, | ||||||
19 | 18-4.3, 18-8.05, 18-8.10, 18-9, 18-12, 26-16, 27-8.1, 27A-9, | ||||||
20 | 27A-11, 29-5, 34-2.3, 34-8.4, 34-18, 34-18.30, 34-43.1, and | ||||||
21 | 34-53 and by adding Sections 17-3.6, 18-8.15, and 18-8.20 as | ||||||
22 | follows:
| ||||||
23 | (105 ILCS 5/1A-8) (from Ch. 122, par. 1A-8)
| ||||||
24 | Sec. 1A-8. Powers of the Board in Assisting Districts |
| |||||||
| |||||||
1 | Deemed in Financial
Difficulties. To promote the financial | ||||||
2 | integrity of school districts, the
State Board of Education | ||||||
3 | shall be provided the necessary powers to promote
sound | ||||||
4 | financial management and continue operation of the public | ||||||
5 | schools.
| ||||||
6 | (a) The State Superintendent of Education may require a | ||||||
7 | school district, including any district subject to Article 34A | ||||||
8 | of this Code, to share financial information relevant to a | ||||||
9 | proper investigation of the district's financial condition and | ||||||
10 | the delivery of appropriate State financial, technical, and | ||||||
11 | consulting services to the district if the district (i) has | ||||||
12 | been designated, through the State Board of Education's School | ||||||
13 | District Financial Profile System, as on financial warning or | ||||||
14 | financial watch status, (ii) has failed to file an annual | ||||||
15 | financial report, annual budget, deficit reduction plan, or | ||||||
16 | other financial information as required by law, (iii) has been | ||||||
17 | identified, through the district's annual audit or other | ||||||
18 | financial and management information, as in serious financial | ||||||
19 | difficulty in the current or next school year, or (iv) is | ||||||
20 | determined to be likely to fail to fully meet any regularly | ||||||
21 | scheduled, payroll-period obligations when due or any debt | ||||||
22 | service payments when due or both. In addition to financial, | ||||||
23 | technical, and consulting services provided by the State Board | ||||||
24 | of Education, at the request of a school district, the State | ||||||
25 | Superintendent may provide for an independent financial | ||||||
26 | consultant to assist the district review its financial |
| |||||||
| |||||||
1 | condition and options.
| ||||||
2 | (b) The State Board of Education, after proper | ||||||
3 | investigation of a district's
financial condition, may certify | ||||||
4 | that a district, including any district
subject to Article 34A, | ||||||
5 | is in financial difficulty
when any of the following conditions | ||||||
6 | occur:
| ||||||
7 | (1) The district has issued school or teacher orders | ||||||
8 | for wages as permitted in Sections
8-16, 32-7.2 and 34-76 | ||||||
9 | of this Code.
| ||||||
10 | (2) The district has issued tax anticipation warrants | ||||||
11 | or tax
anticipation notes in anticipation of a second | ||||||
12 | year's taxes when warrants or
notes in anticipation of | ||||||
13 | current year taxes are still outstanding, as
authorized by | ||||||
14 | Sections 17-16, 34-23, 34-59 and 34-63 of this Code, or has | ||||||
15 | issued short-term debt against 2 future revenue sources, | ||||||
16 | such as, but not limited to, tax anticipation warrants and | ||||||
17 | general State aid or primary State aid Aid certificates or | ||||||
18 | tax anticipation warrants and revenue anticipation notes.
| ||||||
19 | (3) The district has for 2 consecutive years shown an | ||||||
20 | excess
of expenditures and other financing uses over | ||||||
21 | revenues and other financing
sources and beginning fund | ||||||
22 | balances on its annual financial report for the
aggregate | ||||||
23 | totals of the Educational, Operations and Maintenance,
| ||||||
24 | Transportation, and Working Cash Funds.
| ||||||
25 | (4) The district refuses to provide financial | ||||||
26 | information or cooperate with the State Superintendent in |
| |||||||
| |||||||
1 | an investigation of the district's financial condition. | ||||||
2 | (5) The district is likely to fail to fully meet any | ||||||
3 | regularly scheduled, payroll-period obligations when due | ||||||
4 | or any debt service payments when due or both.
| ||||||
5 | No school district shall be certified by the State Board of | ||||||
6 | Education to be in financial difficulty solely by
reason of any | ||||||
7 | of the above circumstances arising as a result of (i) the | ||||||
8 | failure
of the county to make any distribution of property tax | ||||||
9 | money due the district
at the time such distribution is due or | ||||||
10 | (ii) the failure of this State to make timely payments of | ||||||
11 | general State aid , primary State aid, or any of the mandated | ||||||
12 | categoricals; or if the district clearly demonstrates
to the | ||||||
13 | satisfaction of the State Board of Education at the time of its
| ||||||
14 | determination that such condition no longer exists. If the | ||||||
15 | State Board of
Education certifies that a district in a city | ||||||
16 | with 500,000 inhabitants or
more is in financial difficulty, | ||||||
17 | the State Board shall so notify the
Governor and the Mayor of | ||||||
18 | the city in which the district is located. The
State Board of | ||||||
19 | Education may require school districts certified in
financial | ||||||
20 | difficulty, except those districts subject to Article 34A, to
| ||||||
21 | develop, adopt and submit a financial plan within 45 days after
| ||||||
22 | certification of financial difficulty. The financial plan | ||||||
23 | shall be
developed according to guidelines presented to the | ||||||
24 | district by the State
Board of Education within 14 days of | ||||||
25 | certification. Such guidelines shall
address the specific | ||||||
26 | nature of each district's financial difficulties. Any
proposed |
| |||||||
| |||||||
1 | budget of the district shall be consistent with the financial | ||||||
2 | plan
submitted to and
approved by the State Board of Education.
| ||||||
3 | A district certified to be in financial difficulty, other | ||||||
4 | than a district
subject to Article 34A, shall report to the | ||||||
5 | State Board of Education at
such times and in such manner as | ||||||
6 | the State Board may direct, concerning the
district's | ||||||
7 | compliance with each financial plan. The State Board may review
| ||||||
8 | the district's operations, obtain budgetary data and financial | ||||||
9 | statements,
require the district to produce reports, and have | ||||||
10 | access to any other
information in the possession of the | ||||||
11 | district that it deems relevant. The
State Board may issue | ||||||
12 | recommendations or directives within its powers to
the district | ||||||
13 | to assist in compliance with the financial plan. The district
| ||||||
14 | shall produce such budgetary data, financial statements, | ||||||
15 | reports and other
information and comply with such directives. | ||||||
16 | If the State Board of Education
determines that a district has | ||||||
17 | failed to comply with its financial plan, the
State Board of | ||||||
18 | Education may rescind approval of the plan and appoint a
| ||||||
19 | Financial Oversight Panel for the district as provided in | ||||||
20 | Section 1B-4. This
action shall be taken only after the | ||||||
21 | district has been given notice and an
opportunity to appear | ||||||
22 | before the State Board of Education to discuss its
failure to | ||||||
23 | comply with its financial plan.
| ||||||
24 | No bonds, notes, teachers orders, tax anticipation | ||||||
25 | warrants or other
evidences of indebtedness shall be issued or | ||||||
26 | sold by a school district or
be legally binding upon or |
| |||||||
| |||||||
1 | enforceable against a local board of education
of a district | ||||||
2 | certified to be in financial difficulty unless and until the
| ||||||
3 | financial plan required under this Section has been approved by | ||||||
4 | the State
Board of Education.
| ||||||
5 | Any financial profile compiled and distributed by the State | ||||||
6 | Board of Education in Fiscal Year 2009 or any fiscal year | ||||||
7 | thereafter
shall incorporate such adjustments as may be needed | ||||||
8 | in the profile scores to reflect the financial effects of the
| ||||||
9 | inability or refusal of the State of Illinois to make timely
| ||||||
10 | disbursements of any general State aid , primary State aid, or | ||||||
11 | mandated categorical aid payments due school districts or to | ||||||
12 | fully reimburse
school districts for mandated categorical | ||||||
13 | programs pursuant to
reimbursement formulas provided in this | ||||||
14 | School Code.
| ||||||
15 | (Source: P.A. 96-668, eff. 8-25-09; 96-1423, eff. 8-3-10; | ||||||
16 | 97-429, eff. 8-16-11.)
| ||||||
17 | (105 ILCS 5/1B-5) (from Ch. 122, par. 1B-5)
| ||||||
18 | Sec. 1B-5.
When a petition for emergency financial
| ||||||
19 | assistance for a school district is allowed by the State
Board | ||||||
20 | under Section 1B-4, the State Superintendent
shall within 10 | ||||||
21 | days thereafter appoint 3 members
to serve at the State | ||||||
22 | Superintendent's pleasure on a
Financial Oversight Panel for | ||||||
23 | the district. The State
Superintendent shall designate one of | ||||||
24 | the members of the
Panel to serve as its Chairman. In the event | ||||||
25 | of vacancy or
resignation the State Superintendent shall |
| |||||||
| |||||||
1 | appoint a
successor within 10 days of receiving notice thereof.
| ||||||
2 | Members of the Panel shall be selected primarily on the
| ||||||
3 | basis of their experience and education in financial
| ||||||
4 | management, with consideration given to persons
knowledgeable | ||||||
5 | in education finance. A member of the Panel
may not be a board | ||||||
6 | member or employee of the district for
which the Panel is | ||||||
7 | constituted, nor may a member have a
direct financial interest | ||||||
8 | in that district.
| ||||||
9 | Panel members shall serve without compensation, but may
be | ||||||
10 | reimbursed for travel and other necessary expenses
incurred in | ||||||
11 | the performance of their official duties by the
State Board. | ||||||
12 | The amount reimbursed Panel
members for their expenses shall be | ||||||
13 | charged to the school
district as part of any emergency | ||||||
14 | financial assistance and
incorporated as a part of the terms | ||||||
15 | and conditions for
repayment of such assistance or shall be | ||||||
16 | deducted from the district's general
State aid or primary State | ||||||
17 | aid as provided in Section 1B-8.
| ||||||
18 | The first meeting of the Panel shall be held at the
call of | ||||||
19 | the Chairman. The Panel may elect such other
officers as it | ||||||
20 | deems appropriate. The Panel shall prescribe
the times and | ||||||
21 | places for its meetings and the manner in
which regular and | ||||||
22 | special meetings may be called, and shall
comply with the Open | ||||||
23 | Meetings Act.
| ||||||
24 | Two members of the Panel shall constitute a quorum, and
the | ||||||
25 | affirmative vote of 2 members shall be necessary for any
| ||||||
26 | decision or action to be taken by the Panel.
|
| |||||||
| |||||||
1 | The Panel and the State Superintendent
shall cooperate with | ||||||
2 | each other in the exercise of their
respective powers. The | ||||||
3 | Panel shall report not later than
September 1 annually to the | ||||||
4 | State Board and the State
Superintendent with respect to its | ||||||
5 | activities and the
condition of the school district for the | ||||||
6 | previous fiscal
year.
| ||||||
7 | Any Financial Oversight Panel established under this
| ||||||
8 | Article shall remain in existence for not less than 3 years
nor | ||||||
9 | more than 10 years from the date the State Board grants
the | ||||||
10 | petition under Section 1B-4. If after 3 years the
school | ||||||
11 | district has repaid all of its obligations resulting
from | ||||||
12 | emergency State financial assistance provided under
this | ||||||
13 | Article and has improved its financial situation, the board of
| ||||||
14 | education may, not more
frequently than once in any 12 month | ||||||
15 | period, petition the
State Board to dissolve the Financial | ||||||
16 | Oversight Panel,
terminate the oversight responsibility, and | ||||||
17 | remove the
district's certification under Section 1A-8 as a | ||||||
18 | district in
financial difficulty. In acting on such a petition | ||||||
19 | the
State Board shall give additional weight to the
| ||||||
20 | recommendations of the State Superintendent and the
Financial | ||||||
21 | Oversight Panel.
| ||||||
22 | (Source: P.A. 88-618, eff. 9-9-94.)
| ||||||
23 | (105 ILCS 5/1B-6) (from Ch. 122, par. 1B-6)
| ||||||
24 | Sec. 1B-6. General powers. The purpose of the Financial | ||||||
25 | Oversight Panel
shall be to exercise financial control over the |
| |||||||
| |||||||
1 | board of education, and, when
approved by the State Board and | ||||||
2 | the State Superintendent of Education, to
furnish financial | ||||||
3 | assistance so that the board can provide public education
| ||||||
4 | within the board's jurisdiction while permitting the board to | ||||||
5 | meet its
obligations to its creditors and the holders of its | ||||||
6 | notes and bonds.
Except as expressly limited by this Article, | ||||||
7 | the Panel shall have all
powers necessary to meet its | ||||||
8 | responsibilities and to carry out its purposes
and the purposes | ||||||
9 | of this Article, including, but not limited to, the following
| ||||||
10 | powers:
| ||||||
11 | (a) to sue and be sued;
| ||||||
12 | (b) to provide for its organization and internal
| ||||||
13 | management;
| ||||||
14 | (c) to appoint a Financial Administrator to serve as
the | ||||||
15 | chief executive officer of the Panel. The Financial
| ||||||
16 | Administrator may be an individual, partnership,
corporation, | ||||||
17 | including an accounting firm, or other entity
determined by the | ||||||
18 | Panel to be qualified to serve; and to
appoint other officers, | ||||||
19 | agents, and employees of the Panel,
define their duties and | ||||||
20 | qualifications and fix their
compensation and employee | ||||||
21 | benefits;
| ||||||
22 | (d) to approve the local board of education appointments to | ||||||
23 | the
positions of treasurer in a Class I county school unit and | ||||||
24 | in each school
district which forms a part of a Class II county | ||||||
25 | school unit but which no
longer is subject to the jurisdiction | ||||||
26 | and authority of a township treasurer
or trustees of schools of |
| |||||||
| |||||||
1 | a township because the district has withdrawn
from the | ||||||
2 | jurisdiction and authority of the township treasurer and the
| ||||||
3 | trustees of schools of the township or because those offices | ||||||
4 | have been
abolished as provided in subsection (b) or (c) of | ||||||
5 | Section 5-1,
and chief school business official, if such | ||||||
6 | official is not the
superintendent of the district. Either the | ||||||
7 | board or the Panel may remove
such treasurer or chief school | ||||||
8 | business official;
| ||||||
9 | (e) to approve any and all bonds, notes, teachers
orders, | ||||||
10 | tax anticipation warrants, and other evidences of
indebtedness | ||||||
11 | prior to issuance or sale by the school
district; and | ||||||
12 | notwithstanding any other provision of The School Code, as
now | ||||||
13 | or hereafter amended, no bonds, notes, teachers orders, tax
| ||||||
14 | anticipation warrants or other evidences of indebtedness shall | ||||||
15 | be issued or
sold by the school district or be legally binding | ||||||
16 | upon or enforceable
against the local board of education unless | ||||||
17 | and until the approval of the
Panel has been received;
| ||||||
18 | (f) to approve all property tax levies of the school
| ||||||
19 | district and require adjustments thereto as the Panel deems
| ||||||
20 | necessary or advisable;
| ||||||
21 | (g) to require and approve a school district financial | ||||||
22 | plan;
| ||||||
23 | (h) to approve and require revisions of the school district | ||||||
24 | budget;
| ||||||
25 | (i) to approve all contracts and other obligations as
the | ||||||
26 | Panel deems necessary and appropriate;
|
| |||||||
| |||||||
1 | (j) to authorize emergency State financial assistance,
| ||||||
2 | including requirements regarding the terms and conditions of
| ||||||
3 | repayment of such assistance, and to require the board of
| ||||||
4 | education to levy a separate local property tax, subject to
the | ||||||
5 | limitations of Section 1B-8, sufficient to repay such
| ||||||
6 | assistance consistent with the terms and conditions of
| ||||||
7 | repayment and the district's approved financial plan and
| ||||||
8 | budget;
| ||||||
9 | (k) to request the regional superintendent to make | ||||||
10 | appointments to
fill all vacancies on the local school board as | ||||||
11 | provided in Section 10-10;
| ||||||
12 | (l) to recommend dissolution or reorganization of the | ||||||
13 | school district
to the General Assembly if in the Panel's | ||||||
14 | judgment the
circumstances so require;
| ||||||
15 | (m) to direct a phased reduction in the oversight | ||||||
16 | responsibilities of
the Financial Administrator and of the | ||||||
17 | Panel as the circumstances permit;
| ||||||
18 | (n) to determine the amount of emergency State
financial | ||||||
19 | assistance to be made available to the school
district, and to | ||||||
20 | establish an operating budget for the Panel
to be supported by | ||||||
21 | funds available from such assistance,
with the assistance and | ||||||
22 | the budget required to be approved
by the State Superintendent;
| ||||||
23 | (o) to procure insurance against any loss in such
amounts | ||||||
24 | and from such insurers as it deems necessary;
| ||||||
25 | (p) to engage the services of consultants for
rendering | ||||||
26 | professional and technical assistance and advice
on matters |
| |||||||
| |||||||
1 | within the Panel's power;
| ||||||
2 | (q) to contract for and to accept any gifts, grants or
| ||||||
3 | loans of funds or property or financial or other aid in any
| ||||||
4 | form from the federal government, State government, unit of
| ||||||
5 | local government, school district or any agency or
| ||||||
6 | instrumentality thereof, or from any other private or public
| ||||||
7 | source, and to comply with the terms and conditions thereof;
| ||||||
8 | (r) to pay the expenses of its operations based on the
| ||||||
9 | Panel's budget as approved by the State Superintendent from
| ||||||
10 | emergency financial assistance funds available to the
district | ||||||
11 | or from deductions from the district's general State aid or | ||||||
12 | primary State aid ;
| ||||||
13 | (s) to do any and all things necessary or convenient
to | ||||||
14 | carry out its purposes and exercise the powers given to
the | ||||||
15 | Panel by this Article; and
| ||||||
16 | (t) to recommend the creation of a school finance authority
| ||||||
17 | pursuant to Article 1F of this Code.
| ||||||
18 | (Source: P.A. 91-357, eff. 7-29-99; 92-855, eff. 12-6-02.)
| ||||||
19 | (105 ILCS 5/1B-7) (from Ch. 122, par. 1B-7)
| ||||||
20 | Sec. 1B-7. Financial Administrator; Powers and
Duties. The | ||||||
21 | Financial Administrator appointed by the
Financial Oversight | ||||||
22 | Panel shall serve as the Panel's chief
executive officer. The | ||||||
23 | Financial Administrator shall
exercise the powers and duties | ||||||
24 | required by the Panel,
including but not limited to the | ||||||
25 | following:
|
| |||||||
| |||||||
1 | (a) to provide guidance and recommendations to the
local | ||||||
2 | board and officials of the school district in
developing the | ||||||
3 | district's financial plan and budget prior to
board action;
| ||||||
4 | (b) to direct the local board to reorganize its
financial | ||||||
5 | accounts, budgetary systems, and internal
accounting and | ||||||
6 | financial controls, in whatever manner the
Panel deems | ||||||
7 | appropriate to achieve greater financial
responsibility and to | ||||||
8 | reduce financial inefficiency, and to
provide technical | ||||||
9 | assistance to aid the district in
accomplishing the | ||||||
10 | reorganization;
| ||||||
11 | (c) to make recommendations to the Financial Oversight
| ||||||
12 | Panel concerning the school district's financial plan and
| ||||||
13 | budget, and all other matters within the scope of the
Panel's | ||||||
14 | authority;
| ||||||
15 | (d) to prepare and recommend to the Panel a proposal
for | ||||||
16 | emergency State financial assistance for the district,
| ||||||
17 | including recommended terms and conditions of repayment, and
an | ||||||
18 | operations budget for the Panel to be funded from the
emergency | ||||||
19 | assistance or from deductions from the district's general State
| ||||||
20 | aid or primary State aid ;
| ||||||
21 | (e) to require the local board to prepare and submit
| ||||||
22 | preliminary staffing and budgetary analyses annually prior
to | ||||||
23 | February 1 in such manner and form as the Financial
| ||||||
24 | Administrator shall prescribe; and
| ||||||
25 | (f) subject to the direction of the Panel, to do all
other | ||||||
26 | things necessary or convenient to carry out its
purposes and |
| |||||||
| |||||||
1 | exercise the powers given to the Panel under
this Article.
| ||||||
2 | (Source: P.A. 88-618, eff. 9-9-94.)
| ||||||
3 | (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
| ||||||
4 | Sec. 1B-8. There is created in the State Treasury a
special | ||||||
5 | fund to be known as the School District Emergency
Financial | ||||||
6 | Assistance Fund (the "Fund"). The School District Emergency
| ||||||
7 | Financial Assistance Fund shall consist of appropriations, | ||||||
8 | loan repayments, grants from the
federal government, and | ||||||
9 | donations from any public or private source. Moneys in
the Fund
| ||||||
10 | may be appropriated only to the Illinois Finance Authority and
| ||||||
11 | the State Board for
those purposes authorized under this | ||||||
12 | Article and Articles
1F and 1H of this Code.
The appropriation | ||||||
13 | may be
allocated and expended by the State Board for | ||||||
14 | contractual services to provide technical assistance or | ||||||
15 | consultation to school districts to assess their financial | ||||||
16 | condition and to Financial Oversight Panels that petition for | ||||||
17 | emergency financial assistance grants. The Illinois Finance | ||||||
18 | Authority may provide
loans to school districts which are the | ||||||
19 | subject of an
approved petition for emergency financial | ||||||
20 | assistance under
Section 1B-4,
1F-62, or 1H-65 of this Code. | ||||||
21 | Neither the State Board of Education nor the Illinois Finance | ||||||
22 | Authority may collect any fees for providing these services. | ||||||
23 | From the amount allocated to each such school
district | ||||||
24 | under this Article the State Board shall identify a sum | ||||||
25 | sufficient to
cover all approved costs of the Financial |
| |||||||
| |||||||
1 | Oversight Panel
established for the respective school | ||||||
2 | district. If the State Board and State
Superintendent of | ||||||
3 | Education have not approved emergency financial assistance in
| ||||||
4 | conjunction with the appointment of a Financial Oversight | ||||||
5 | Panel, the Panel's
approved costs shall be paid from deductions | ||||||
6 | from the district's general State
aid or primary State aid .
| ||||||
7 | The Financial Oversight Panel may prepare and file
with the | ||||||
8 | State Superintendent a proposal for emergency
financial | ||||||
9 | assistance for the school district and for its
operations | ||||||
10 | budget. No expenditures from the Fund shall be
authorized by | ||||||
11 | the State Superintendent until he or she has approved
the | ||||||
12 | request of the Panel, either as submitted or in such
lesser | ||||||
13 | amount determined by the State Superintendent.
| ||||||
14 | The maximum amount of an emergency financial assistance | ||||||
15 | loan
which may be allocated to any school district under this
| ||||||
16 | Article, including moneys necessary for the operations of
the | ||||||
17 | Panel, shall not exceed $4,000 times the number of pupils
| ||||||
18 | enrolled in the school district during the school year
ending | ||||||
19 | June 30 prior to the date of approval by the State
Board of the | ||||||
20 | petition for emergency financial assistance, as
certified to | ||||||
21 | the local board and the Panel by the State
Superintendent.
An | ||||||
22 | emergency financial assistance grant shall not exceed $1,000 | ||||||
23 | times the
number of such pupils. A district may receive both a | ||||||
24 | loan and a grant.
| ||||||
25 | The payment of an emergency State financial assistance | ||||||
26 | grant or loan
shall be subject to appropriation by the General |
| |||||||
| |||||||
1 | Assembly. Payment of the emergency State financial assistance | ||||||
2 | loan is subject to the applicable provisions of the Illinois | ||||||
3 | Finance Authority Act.
Emergency State financial assistance | ||||||
4 | allocated and paid to a school
district under this Article may | ||||||
5 | be applied to any fund or funds from which
the local board of | ||||||
6 | education of that district is authorized to make
expenditures | ||||||
7 | by law.
| ||||||
8 | Any emergency financial assistance grant proposed by the
| ||||||
9 | Financial Oversight Panel and approved by the State
| ||||||
10 | Superintendent may be paid in its entirety during the
initial | ||||||
11 | year of the Panel's existence or spread in equal or
declining | ||||||
12 | amounts over a period of years not to exceed the
period of the | ||||||
13 | Panel's existence. An emergency financial assistance loan | ||||||
14 | proposed by the Financial Oversight Panel and approved by the | ||||||
15 | Illinois Finance Authority may be paid in its entirety during | ||||||
16 | the initial year of the Panel's existence or spread in equal or | ||||||
17 | declining amounts over a period of years not to exceed the | ||||||
18 | period of the Panel's existence. All
loans made by the Illinois | ||||||
19 | Finance Authority for a
school district shall be required to be | ||||||
20 | repaid, with simple interest over
the term of the loan at a | ||||||
21 | rate equal to 50% of the one-year Constant Maturity
Treasury | ||||||
22 | (CMT) yield as last published by the Board of Governors of the | ||||||
23 | Federal
Reserve System before the date on which the district's | ||||||
24 | loan is
approved
by the Illinois Finance Authority, not later | ||||||
25 | than the
date the
Financial Oversight Panel ceases to exist. | ||||||
26 | The Panel shall
establish and the Illinois Finance Authority |
| |||||||
| |||||||
1 | shall
approve the terms and conditions, including the schedule, | ||||||
2 | of
repayments. The schedule shall provide for repayments
| ||||||
3 | commencing July 1 of each year or upon each fiscal year's | ||||||
4 | receipt of moneys from a tax levy for emergency financial | ||||||
5 | assistance. Repayment shall be incorporated into the
annual | ||||||
6 | budget of the school district and may be made from any fund or | ||||||
7 | funds
of the district in which there are moneys available. An | ||||||
8 | emergency financial assistance loan to the Panel or district | ||||||
9 | shall not be considered part of the calculation of a district's | ||||||
10 | debt for purposes of the limitation specified in Section 19-1 | ||||||
11 | of this Code. Default on repayment is subject to the Illinois | ||||||
12 | Grant Funds Recovery Act. When moneys are repaid
as provided | ||||||
13 | herein they shall not be made available to the local board for
| ||||||
14 | further use as emergency financial assistance under this | ||||||
15 | Article at any
time thereafter. All repayments required to be | ||||||
16 | made by a school district
shall be received by the State Board | ||||||
17 | and deposited in the School District
Emergency Financial | ||||||
18 | Assistance Fund.
| ||||||
19 | In establishing the terms and conditions for the
repayment | ||||||
20 | obligation of the school district the Panel shall
annually | ||||||
21 | determine whether a separate local property tax levy is
| ||||||
22 | required. The board of any school district with a tax rate
for | ||||||
23 | educational purposes for the prior year of less than
120% of | ||||||
24 | the maximum rate for educational purposes authorized
by Section | ||||||
25 | 17-2 shall provide for a separate
tax levy for emergency | ||||||
26 | financial assistance repayment
purposes. Such tax levy shall |
| |||||||
| |||||||
1 | not be subject to referendum approval. The
amount of the levy | ||||||
2 | shall be equal to the
amount necessary to meet the annual | ||||||
3 | repayment obligations of
the district as established by the | ||||||
4 | Panel, or 20% of the
amount levied for educational purposes for | ||||||
5 | the prior year,
whichever is less. However, no district shall | ||||||
6 | be
required to levy the tax if the district's operating tax
| ||||||
7 | rate as determined under Section
18-8 , or 18-8.05 , or 18-8.15 | ||||||
8 | exceeds 200% of the district's tax rate for educational
| ||||||
9 | purposes for the prior year.
| ||||||
10 | (Source: P.A. 97-429, eff. 8-16-11.)
| ||||||
11 | (105 ILCS 5/1C-1)
| ||||||
12 | Sec. 1C-1. Purpose. The purpose of this Article is to | ||||||
13 | permit greater
flexibility and efficiency in the distribution | ||||||
14 | and use of certain State funds
available to
local education | ||||||
15 | agencies for the improvement of the quality of educational
| ||||||
16 | services pursuant to locally established priorities.
| ||||||
17 | Through fiscal year 2016, this This Article does not apply | ||||||
18 | to school districts having a population in excess
of 500,000 | ||||||
19 | inhabitants.
| ||||||
20 | (Source: P.A. 88-555, eff. 7-27-94; 89-15, eff. 5-30-95; | ||||||
21 | 89-397, eff.
8-20-95; 89-626, eff. 8-9-96.)
| ||||||
22 | (105 ILCS 5/1C-2)
| ||||||
23 | Sec. 1C-2. Block grants.
| ||||||
24 | (a) For fiscal year 1999, and each fiscal year thereafter, |
| |||||||
| |||||||
1 | the State Board
of Education shall award to school districts | ||||||
2 | block grants as described in subsection
(c). The State Board of | ||||||
3 | Education may adopt
rules and regulations necessary to | ||||||
4 | implement this Section. In accordance with
Section 2-3.32, all | ||||||
5 | state block grants are subject to an audit. Therefore,
block | ||||||
6 | grant receipts and block grant expenditures shall be recorded | ||||||
7 | to the
appropriate fund code.
| ||||||
8 | (b) (Blank).
| ||||||
9 | (c) An Early Childhood Education Block Grant shall be | ||||||
10 | created by combining
the following programs: Preschool | ||||||
11 | Education, Parental Training and Prevention
Initiative. These | ||||||
12 | funds shall be distributed to school districts and other
| ||||||
13 | entities on a competitive basis , except that the State Board of | ||||||
14 | Education shall award to a school district having a population | ||||||
15 | exceeding 500,000 inhabitants 37% of the funds in each fiscal | ||||||
16 | year . Not less than 14% of this grant
shall be used to
fund | ||||||
17 | programs for children ages 0-3, which percentage shall increase | ||||||
18 | to at least 20% by Fiscal Year 2016. However, if, in a given | ||||||
19 | fiscal year, the amount appropriated for the Early Childhood | ||||||
20 | Education Block Grant is insufficient to increase the | ||||||
21 | percentage of the grant to fund programs for children ages 0-3 | ||||||
22 | without reducing the amount of the grant for existing providers | ||||||
23 | of preschool education programs, then the percentage of the | ||||||
24 | grant to fund programs for children ages 0-3 may be held steady | ||||||
25 | instead of increased.
| ||||||
26 | (Source: P.A. 98-645, eff. 7-1-14.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/1D-1)
| ||||||
2 | Sec. 1D-1. Block grant funding.
| ||||||
3 | (a) For fiscal year 1996 through fiscal year 2016 and each | ||||||
4 | fiscal year thereafter , the State Board
of Education shall | ||||||
5 | award to a school district having a population exceeding
| ||||||
6 | 500,000 inhabitants a general education block grant and an | ||||||
7 | educational services
block grant, determined as provided in | ||||||
8 | this Section, in lieu of distributing to
the district separate | ||||||
9 | State funding for the programs described in subsections
(b) and | ||||||
10 | (c). The provisions of this Section, however, do not apply to | ||||||
11 | any
federal funds that the district is entitled to receive. In | ||||||
12 | accordance with
Section 2-3.32, all block grants are subject to | ||||||
13 | an audit. Therefore, block
grant receipts and block grant | ||||||
14 | expenditures shall be recorded to the
appropriate fund code for | ||||||
15 | the designated block grant.
| ||||||
16 | (b) The general education block grant shall include the | ||||||
17 | following
programs: REI Initiative, Summer Bridges, Preschool | ||||||
18 | At Risk, K-6
Comprehensive Arts, School Improvement Support, | ||||||
19 | Urban Education, Scientific
Literacy, Substance Abuse | ||||||
20 | Prevention, Second Language Planning, Staff
Development, | ||||||
21 | Outcomes and Assessment, K-6 Reading Improvement, 7-12 | ||||||
22 | Continued
Reading Improvement, Truants'
Optional Education, | ||||||
23 | Hispanic Programs, Agriculture Education,
Parental Education, | ||||||
24 | Prevention Initiative, Report Cards, and Criminal
Background | ||||||
25 | Investigations. Notwithstanding any other provision of law, |
| |||||||
| |||||||
1 | all
amounts paid under the general education block grant from | ||||||
2 | State appropriations
to a school district in a city having a | ||||||
3 | population exceeding 500,000
inhabitants shall be appropriated | ||||||
4 | and expended by the board of that district
for any of the | ||||||
5 | programs included in the block grant or any of the board's
| ||||||
6 | lawful purposes.
| ||||||
7 | (c) The educational services block grant shall include the | ||||||
8 | following
programs: Regular and Vocational Transportation, | ||||||
9 | State Lunch and
Free Breakfast Program, Special Education | ||||||
10 | (Personnel,
Transportation, Orphanage, Private Tuition), | ||||||
11 | funding
for children requiring special education services, | ||||||
12 | Summer School,
Educational Service Centers, and | ||||||
13 | Administrator's Academy. This subsection (c)
does not relieve | ||||||
14 | the district of its obligation to provide the services
required | ||||||
15 | under a program that is included within the educational | ||||||
16 | services block
grant. It is the intention of the General | ||||||
17 | Assembly in enacting the provisions
of this subsection (c) to | ||||||
18 | relieve the district of the administrative burdens
that impede | ||||||
19 | efficiency and accompany single-program funding. The General
| ||||||
20 | Assembly encourages the board to pursue mandate waivers | ||||||
21 | pursuant to Section
2-3.25g. | ||||||
22 | The funding program included in the educational services | ||||||
23 | block grant
for funding for children requiring special | ||||||
24 | education services in each fiscal
year shall be treated in that | ||||||
25 | fiscal year as a payment to the school district
in respect of | ||||||
26 | services provided or costs incurred in the prior fiscal year,
|
| |||||||
| |||||||
1 | calculated in each case as provided in this Section. Nothing in | ||||||
2 | this Section
shall change the nature of payments for any | ||||||
3 | program that, apart from this
Section, would be or, prior to | ||||||
4 | adoption or amendment of this Section, was on
the basis of a | ||||||
5 | payment in a fiscal year in respect of services provided or
| ||||||
6 | costs incurred in the prior fiscal year, calculated in each | ||||||
7 | case as provided
in this Section.
| ||||||
8 | (d) For fiscal year 1996 through fiscal year 2016 and each | ||||||
9 | fiscal year thereafter , the amount
of the district's block | ||||||
10 | grants shall be determined as follows:
(i) with respect to each | ||||||
11 | program that is included within each block grant, the
district | ||||||
12 | shall receive an amount equal to the same percentage of the | ||||||
13 | current
fiscal year appropriation made for that program as the | ||||||
14 | percentage of the
appropriation received by the district from | ||||||
15 | the 1995 fiscal year appropriation
made for that program, and
| ||||||
16 | (ii) the total amount that is due the district under the block | ||||||
17 | grant shall be
the aggregate of the amounts that the district | ||||||
18 | is entitled to receive for the
fiscal year with respect to each | ||||||
19 | program that is included within the block
grant that the State | ||||||
20 | Board of Education shall award the district under this
Section | ||||||
21 | for that fiscal year. In the case of the Summer Bridges | ||||||
22 | program,
the amount of the district's block grant shall be | ||||||
23 | equal to 44% of the amount
of the current fiscal year | ||||||
24 | appropriation made for that program.
| ||||||
25 | (e) The district is not required to file any application or | ||||||
26 | other claim in
order to receive the block grants to which it is |
| |||||||
| |||||||
1 | entitled under this Section.
The State Board of Education shall | ||||||
2 | make payments to the district of amounts due
under the | ||||||
3 | district's block grants on a schedule determined by the State | ||||||
4 | Board
of Education.
| ||||||
5 | (f) A school district to which this Section applies shall | ||||||
6 | report to the
State Board of Education on its use of the block | ||||||
7 | grants in such form and detail
as the State Board of Education | ||||||
8 | may specify. In addition, the report must include the following | ||||||
9 | description for the district, which must also be reported to | ||||||
10 | the General Assembly: block grant allocation and expenditures | ||||||
11 | by program; population and service levels by program; and | ||||||
12 | administrative expenditures by program. The State Board of | ||||||
13 | Education shall ensure that the reporting requirements for the | ||||||
14 | district are the same as for all other school districts in this | ||||||
15 | State.
| ||||||
16 | (g) Through fiscal year 2016, this This paragraph provides | ||||||
17 | for the treatment of block grants under Article
1C for purposes | ||||||
18 | of calculating the amount of block grants for a district under
| ||||||
19 | this Section. Those block grants under Article 1C are, for this
| ||||||
20 | purpose, treated as included in the amount of appropriation for | ||||||
21 | the various
programs set forth in paragraph (b) above. The | ||||||
22 | appropriation in each current
fiscal year for each block grant | ||||||
23 | under Article 1C shall be treated for these
purposes as | ||||||
24 | appropriations for the individual program included in that | ||||||
25 | block
grant. The proportion of each block grant so allocated to | ||||||
26 | each such program
included in it shall be the proportion which |
| |||||||
| |||||||
1 | the appropriation for that program
was of all appropriations | ||||||
2 | for such purposes now in that block grant, in fiscal
1995.
| ||||||
3 | Payments to the school district under this Section with | ||||||
4 | respect to each
program for which payments to school districts | ||||||
5 | generally, as of the date of
this
amendatory Act of the 92nd | ||||||
6 | General Assembly, are on a reimbursement basis
shall continue | ||||||
7 | to be made to the district on a reimbursement basis, pursuant
| ||||||
8 | to the provisions of this Code governing those programs.
| ||||||
9 | (h) Notwithstanding any other provision of law, any school | ||||||
10 | district
receiving a block grant under this Section may | ||||||
11 | classify all or a portion of
the funds that it receives in a | ||||||
12 | particular fiscal year from any block grant
authorized under | ||||||
13 | this Code or from general State aid pursuant to Section
18-8.05 | ||||||
14 | of this Code (other than supplemental general State aid) as
| ||||||
15 | funds received in connection with any funding program for which | ||||||
16 | it is
entitled to receive funds from the State in that fiscal | ||||||
17 | year (including,
without limitation, any funding program | ||||||
18 | referred to in subsection (c) of
this Section), regardless of | ||||||
19 | the source or timing of the receipt. The
district may not | ||||||
20 | classify more funds as funds received in connection
with the | ||||||
21 | funding program than the district is entitled to receive in | ||||||
22 | that
fiscal year for that program. Any classification by a | ||||||
23 | district must be made by
a resolution
of its board of | ||||||
24 | education. The resolution must identify the amount of any
block | ||||||
25 | grant or general State aid to be classified under this | ||||||
26 | subsection (h)
and must specify the funding program to which |
| |||||||
| |||||||
1 | the funds are to be
treated as received in connection | ||||||
2 | therewith. This resolution is
controlling as to the | ||||||
3 | classification of funds referenced therein. A certified
copy of | ||||||
4 | the resolution must be sent to the State Superintendent of
| ||||||
5 | Education.
The resolution shall still take effect even though a | ||||||
6 | copy of the resolution
has not been sent to the State
| ||||||
7 | Superintendent of Education in a timely manner.
No | ||||||
8 | classification under this subsection (h) by a district shall
| ||||||
9 | affect the total amount or timing of money the district is | ||||||
10 | entitled to receive
under this Code.
No classification under | ||||||
11 | this subsection (h) by a district
shall in any way relieve the | ||||||
12 | district from or affect any
requirements that otherwise would | ||||||
13 | apply with respect to the
block grant as provided in this | ||||||
14 | Section, including any
accounting of funds by source, reporting | ||||||
15 | expenditures by
original source and purpose,
reporting | ||||||
16 | requirements, or requirements of provision of
services.
| ||||||
17 | (Source: P.A. 97-238, eff. 8-2-11; 97-324, eff. 8-12-11; | ||||||
18 | 97-813, eff. 7-13-12.)
| ||||||
19 | (105 ILCS 5/1E-20)
| ||||||
20 | (This Section scheduled to be repealed in accordance with | ||||||
21 | 105 ILCS 5/1E-165) | ||||||
22 | Sec. 1E-20. Members of Authority; meetings.
| ||||||
23 | (a) When a petition for a School Finance Authority is | ||||||
24 | allowed by the State
Board under Section 1E-15 of this Code, | ||||||
25 | the State Superintendent shall within
10 days thereafter |
| |||||||
| |||||||
1 | appoint 5 members to serve on a School Finance Authority for
| ||||||
2 | the district. Of the initial members, 2 shall be appointed to | ||||||
3 | serve a
term of 2 years and 3 shall be appointed to serve a term | ||||||
4 | of 3 years.
Thereafter, each member shall serve for a term of 3 | ||||||
5 | years and until his or her
successor has been appointed. The | ||||||
6 | State Superintendent shall designate one of
the members of the | ||||||
7 | Authority to serve as its Chairperson. In the event
of vacancy | ||||||
8 | or resignation, the State Superintendent shall, within 10
days | ||||||
9 | after receiving notice, appoint a successor to serve out that
| ||||||
10 | member's term. The State Superintendent may remove a member for
| ||||||
11 | incompetence, malfeasance, neglect of duty, or other just | ||||||
12 | cause.
| ||||||
13 | Members of the Authority shall be selected primarily on the | ||||||
14 | basis
of their experience and education in financial | ||||||
15 | management,
with consideration given to persons knowledgeable | ||||||
16 | in education finance.
Two members of the Authority shall be | ||||||
17 | residents of the school district that the
Authority serves. A | ||||||
18 | member of the Authority may not be a member of the
district's | ||||||
19 | school board or an
employee of the district
nor may
a
member | ||||||
20 | have a direct financial interest in the district.
| ||||||
21 | Authority members shall serve without compensation, but | ||||||
22 | may
be reimbursed by the State Board for travel and other | ||||||
23 | necessary
expenses incurred in the performance of their | ||||||
24 | official duties.
Unless paid from bonds issued under Section | ||||||
25 | 1E-65 of this Code, the amount
reimbursed members for their | ||||||
26 | expenses shall be charged
to the school district as part of any |
| |||||||
| |||||||
1 | emergency financial
assistance and incorporated as a part of | ||||||
2 | the terms and conditions
for repayment of the assistance or | ||||||
3 | shall be deducted from the
district's general State aid or | ||||||
4 | primary State aid as provided in Section 1B-8 of this Code.
| ||||||
5 | The Authority may elect such officers as it deems | ||||||
6 | appropriate.
| ||||||
7 | (b) The first meeting of the Authority shall be held at the | ||||||
8 | call of the
Chairperson.
The
Authority shall prescribe the | ||||||
9 | times and places for its meetings and the manner
in which | ||||||
10 | regular and special meetings may be called and shall comply | ||||||
11 | with the
Open Meetings Act.
| ||||||
12 | Three members of the Authority shall constitute a quorum.
| ||||||
13 | When a vote is taken upon any measure before the Authority, a | ||||||
14 | quorum
being present, a majority of the votes of the members | ||||||
15 | voting on the
measure shall determine the outcome.
| ||||||
16 | (Source: P.A. 92-547, eff. 6-13-02 .)
| ||||||
17 | (105 ILCS 5/1F-20)
| ||||||
18 | (This Section scheduled to be repealed in accordance with 105 | ||||||
19 | ILCS 5/1F-165) | ||||||
20 | Sec. 1F-20. Members of Authority; meetings.
| ||||||
21 | (a) Upon establishment of a School Finance Authority
under | ||||||
22 | Section 1F-15 of this Code, the State Superintendent shall | ||||||
23 | within
15 days thereafter appoint 5 members to serve on a | ||||||
24 | School Finance Authority for
the district. Of the initial | ||||||
25 | members, 2 shall be appointed to serve a
term of 2 years and 3 |
| |||||||
| |||||||
1 | shall be appointed to serve a term of 3 years.
Thereafter, each | ||||||
2 | member shall serve for a term of 3 years and until his or her
| ||||||
3 | successor has been appointed. The State Superintendent shall | ||||||
4 | designate one of
the members of the Authority to serve as its | ||||||
5 | Chairperson. In the event
of vacancy or resignation, the State | ||||||
6 | Superintendent shall, within 10
days after receiving notice, | ||||||
7 | appoint a successor to serve out that
member's term. The State | ||||||
8 | Superintendent may remove a member for
incompetence, | ||||||
9 | malfeasance, neglect of duty, or other just cause.
| ||||||
10 | Members of the Authority shall be selected primarily on the | ||||||
11 | basis
of their experience and education in financial | ||||||
12 | management,
with consideration given to persons knowledgeable | ||||||
13 | in education finance.
Two members of the Authority shall be | ||||||
14 | residents of the school district that the
Authority serves. A | ||||||
15 | member of the Authority may not be a member of the
district's | ||||||
16 | school board or an
employee of the district
nor may
a
member | ||||||
17 | have a direct financial interest in the district.
| ||||||
18 | Authority members shall be paid a stipend approved by the | ||||||
19 | State Superintendent of not more than $100 per meeting and may
| ||||||
20 | be reimbursed by the State Board for travel and other necessary
| ||||||
21 | expenses incurred in the performance of their official duties.
| ||||||
22 | Unless paid from bonds issued under Section 1F-65 of this Code, | ||||||
23 | the amount
reimbursed members for their expenses shall be | ||||||
24 | charged
to the school district as part of any emergency | ||||||
25 | financial
assistance and incorporated as a part of the terms | ||||||
26 | and conditions
for repayment of the assistance or shall be |
| |||||||
| |||||||
1 | deducted from the
district's general State aid or primary State | ||||||
2 | aid as provided in Section 1B-8 of this Code.
| ||||||
3 | The Authority may elect such officers as it deems | ||||||
4 | appropriate.
| ||||||
5 | (b) The first meeting of the Authority shall be held at the | ||||||
6 | call of the
Chairperson.
The
Authority shall prescribe the | ||||||
7 | times and places for its meetings and the manner
in which | ||||||
8 | regular and special meetings may be called and shall comply | ||||||
9 | with the
Open Meetings Act.
| ||||||
10 | Three members of the Authority shall constitute a quorum.
| ||||||
11 | When a vote is taken upon any measure before the Authority, a | ||||||
12 | quorum
being present, a majority of the votes of the members | ||||||
13 | voting on the
measure shall determine the outcome.
| ||||||
14 | (Source: P.A. 94-234, eff. 7-1-06 .)
| ||||||
15 | (105 ILCS 5/1F-62)
| ||||||
16 | (This Section scheduled to be repealed in accordance with 105 | ||||||
17 | ILCS 5/1F-165) | ||||||
18 | Sec. 1F-62. School District Emergency Financial Assistance | ||||||
19 | Fund;
grants and loans. | ||||||
20 | (a) Moneys in the School District Emergency Financial | ||||||
21 | Assistance Fund
established under Section 1B-8 of this Code may | ||||||
22 | be allocated and
expended by the State Board as grants to | ||||||
23 | provide technical and consulting services to school districts | ||||||
24 | to assess their financial condition and by the Illinois Finance | ||||||
25 | Authority for emergency financial assistance loans to a School |
| |||||||
| |||||||
1 | Finance
Authority that petitions for
emergency financial
| ||||||
2 | assistance.
An emergency financial assistance loan to a School | ||||||
3 | Finance Authority or borrowing from
sources other than the | ||||||
4 | State shall not be
considered as part of the calculation of a | ||||||
5 | district's debt for purposes of
the limitation specified in | ||||||
6 | Section 19-1 of this Code. From the amount allocated to each | ||||||
7 | School Finance Authority, the State Board shall identify a sum | ||||||
8 | sufficient to cover all approved costs of the School Finance | ||||||
9 | Authority. If the State Board and State Superintendent have not | ||||||
10 | approved emergency financial assistance in conjunction with | ||||||
11 | the appointment of a School Finance Authority, the Authority's | ||||||
12 | approved costs shall be paid from deductions from the | ||||||
13 | district's general State aid or primary State aid . | ||||||
14 | The School Finance Authority may prepare and file with the | ||||||
15 | State
Superintendent a proposal for emergency financial | ||||||
16 | assistance for the school district and for its operations | ||||||
17 | budget. No expenditures shall be
authorized by the State | ||||||
18 | Superintendent until he or she has approved
the proposal of the | ||||||
19 | School Finance Authority, either as submitted or in such lesser | ||||||
20 | amount determined by the State Superintendent.
| ||||||
21 | (b) The amount of an emergency financial assistance
loan | ||||||
22 | that may be allocated to a School Finance Authority under this | ||||||
23 | Article,
including moneys necessary for the operations of the | ||||||
24 | School Finance Authority, and borrowing
from sources other than | ||||||
25 | the State shall not
exceed, in the aggregate, $4,000 times the | ||||||
26 | number of pupils enrolled in the
district
during the school |
| |||||||
| |||||||
1 | year ending June 30 prior to the date of approval by
the State | ||||||
2 | Board of the petition for emergency financial assistance, as
| ||||||
3 | certified to the school board and the School Finance Authority | ||||||
4 | by the State
Superintendent.
However, this limitation does not | ||||||
5 | apply to borrowing by the district secured
by
amounts levied by | ||||||
6 | the district prior to establishment of the School Finance
| ||||||
7 | Authority. An emergency financial assistance grant shall not | ||||||
8 | exceed $1,000 times the number of such pupils. A district may | ||||||
9 | receive both a loan and a grant.
| ||||||
10 | (c) The payment of a State emergency financial assistance | ||||||
11 | grant or loan
shall be subject to appropriation by the General | ||||||
12 | Assembly. State
emergency financial assistance allocated and | ||||||
13 | paid to a School Finance Authority
under this Article may be | ||||||
14 | applied to any fund or funds from which the
School Finance
| ||||||
15 | Authority is authorized to make expenditures by
law.
| ||||||
16 | (d) Any State emergency financial assistance proposed by | ||||||
17 | the
School Finance Authority and approved by the State | ||||||
18 | Superintendent may be paid in its
entirety during the initial | ||||||
19 | year of the School Finance Authority's existence or spread in
| ||||||
20 | equal or declining amounts over a period of years not to exceed | ||||||
21 | the
period of the School Finance Authority's existence. The | ||||||
22 | State Superintendent shall not
approve any loan to the School | ||||||
23 | Finance Authority unless the School Finance Authority has been
| ||||||
24 | unable to borrow sufficient funds to operate the district.
| ||||||
25 | All loan payments made from the School District Emergency
| ||||||
26 | Financial Assistance Fund to a School Finance Authority shall |
| |||||||
| |||||||
1 | be required to be
repaid not later than the date the School | ||||||
2 | Finance Authority ceases to exist, with simple
interest over | ||||||
3 | the term of the loan at a rate equal to
50% of the one-year | ||||||
4 | Constant Maturity Treasury (CMT) yield as last published
by the | ||||||
5 | Board of Governors of the Federal Reserve System
before the
| ||||||
6 | date on which the School Finance Authority's loan is approved | ||||||
7 | by the State
Board.
| ||||||
8 | The School Finance Authority shall establish and the | ||||||
9 | Illinois Finance Authority shall
approve the terms and | ||||||
10 | conditions of the loan, including the schedule of
repayments.
| ||||||
11 | The schedule shall provide for repayments commencing July 1 of | ||||||
12 | each
year or upon each fiscal year's receipt of moneys from a | ||||||
13 | tax levy for emergency financial assistance. Repayment shall be | ||||||
14 | incorporated into the annual budget of the
district and may be | ||||||
15 | made from any fund or funds of the district in
which there are | ||||||
16 | moneys available. Default on repayment is subject to the | ||||||
17 | Illinois Grant Funds Recovery Act.
When moneys are repaid as | ||||||
18 | provided
in this Section, they shall not be made available to | ||||||
19 | the School Finance Authority for
further use as emergency | ||||||
20 | financial assistance under this Article at any
time thereafter. | ||||||
21 | All repayments required to be made by a School Finance | ||||||
22 | Authority
shall be received by the State Board and deposited in | ||||||
23 | the School District
Emergency Financial Assistance Fund.
| ||||||
24 | In establishing the terms and conditions for the repayment
| ||||||
25 | obligation of the School Finance Authority, the School Finance
| ||||||
26 | Authority shall annually determine
whether a separate local |
| |||||||
| |||||||
1 | property tax levy is required to meet that obligation.
The | ||||||
2 | School Finance Authority
shall provide for a separate tax
levy | ||||||
3 | for emergency financial assistance repayment purposes. This | ||||||
4 | tax
levy shall not be subject to referendum approval. The | ||||||
5 | amount of the levy
shall not exceed the amount necessary to | ||||||
6 | meet the annual
emergency financial repayment
obligations of | ||||||
7 | the district, including principal and interest, as established
| ||||||
8 | by the School Finance Authority.
| ||||||
9 | (Source: P.A. 94-234, eff. 7-1-06 .)
| ||||||
10 | (105 ILCS 5/1H-20) | ||||||
11 | Sec. 1H-20. Members of Panel; meetings. | ||||||
12 | (a) Upon establishment of a Financial Oversight Panel under | ||||||
13 | Section 1H-15 of this Code, the State Superintendent shall | ||||||
14 | within 15 working days thereafter appoint 5 members to serve on | ||||||
15 | a Financial Oversight Panel for the district. Members appointed | ||||||
16 | to the Panel shall serve at the pleasure of the State | ||||||
17 | Superintendent. The State Superintendent shall designate one | ||||||
18 | of the members of the Panel to serve as its Chairperson. In the | ||||||
19 | event of vacancy or resignation, the State Superintendent | ||||||
20 | shall, within 10 days after receiving notice, appoint a | ||||||
21 | successor to serve out that member's term. | ||||||
22 | (b) Members of the Panel shall be selected primarily on the | ||||||
23 | basis of their experience and education in financial | ||||||
24 | management, with consideration given to persons knowledgeable | ||||||
25 | in education finance. Two members of the Panel shall be |
| |||||||
| |||||||
1 | residents of the school district that the Panel serves. A | ||||||
2 | member of the Panel may not be a member of the district's | ||||||
3 | school board or an employee of the district nor may a member | ||||||
4 | have a direct financial interest in the district. | ||||||
5 | (c) Panel members may be reimbursed by the State Board for | ||||||
6 | travel and other necessary expenses incurred in the performance | ||||||
7 | of their official duties. The amount reimbursed members for | ||||||
8 | their expenses shall be charged to the school district as part | ||||||
9 | of any emergency financial assistance and incorporated as a | ||||||
10 | part of the terms and conditions for repayment of the | ||||||
11 | assistance or shall be deducted from the district's general | ||||||
12 | State aid or primary State aid as provided in Section 1H-65 of | ||||||
13 | this Code. | ||||||
14 | (d) With the exception of the chairperson, who shall be | ||||||
15 | designated as provided in subsection (a) of this Section, the | ||||||
16 | Panel may elect such officers as it deems appropriate. | ||||||
17 | (e) The first meeting of the Panel shall be held at the | ||||||
18 | call of the Chairperson. The Panel shall prescribe the times | ||||||
19 | and places for its meetings and the manner in which regular and | ||||||
20 | special meetings may be called and shall comply with the Open | ||||||
21 | Meetings Act. The Panel shall also comply with the Freedom of | ||||||
22 | Information Act. | ||||||
23 | (f) Three members of the Panel shall constitute a quorum. A | ||||||
24 | majority of members present is required to pass a measure.
| ||||||
25 | (Source: P.A. 97-429, eff. 8-16-11.) |
| |||||||
| |||||||
1 | (105 ILCS 5/1H-70) | ||||||
2 | Sec. 1H-70. Tax anticipation warrants, tax anticipation | ||||||
3 | notes, revenue anticipation certificates or notes, general | ||||||
4 | State aid or primary State aid anticipation certificates, and | ||||||
5 | lines of credit. With the approval of the State Superintendent | ||||||
6 | and provided that the district is unable to secure short-term | ||||||
7 | financing after 3 attempts, a Panel shall have the same power | ||||||
8 | as a district to do the following: | ||||||
9 | (1) issue tax anticipation warrants under the | ||||||
10 | provisions of Section 17-16 of this Code against taxes | ||||||
11 | levied by either the school board or the Panel pursuant to | ||||||
12 | Section 1H-25 of this Code; | ||||||
13 | (2) issue tax anticipation notes under the provisions | ||||||
14 | of the Tax Anticipation Note Act against taxes levied by | ||||||
15 | either the school board or the Panel pursuant to Section | ||||||
16 | 1H-25 of this Code; | ||||||
17 | (3) issue revenue anticipation certificates or notes | ||||||
18 | under the provisions of the Revenue Anticipation Act; | ||||||
19 | (4) issue general State aid or primary State aid | ||||||
20 | anticipation certificates under the provisions of Section | ||||||
21 | 18-18 of this Code; and | ||||||
22 | (5) establish and utilize lines of credit under the | ||||||
23 | provisions of Section 17-17 of this Code. | ||||||
24 | Tax anticipation warrants, tax anticipation notes, revenue | ||||||
25 | anticipation certificates or notes, general State aid or | ||||||
26 | primary State aid anticipation certificates, and lines of |
| |||||||
| |||||||
1 | credit are considered borrowing from sources other than the | ||||||
2 | State and are subject to Section 1H-65 of this Code.
| ||||||
3 | (Source: P.A. 97-429, eff. 8-16-11.)
| ||||||
4 | (105 ILCS 5/2-3.28) (from Ch. 122, par. 2-3.28)
| ||||||
5 | Sec. 2-3.28. Rules and regulations of budget and accounting | ||||||
6 | systems. To prescribe rules and regulations defining what shall | ||||||
7 | constitute a
budget and accounting system required under this | ||||||
8 | Act. The rules and
regulations shall prescribe the minimum | ||||||
9 | extent of verification, the type
of audit, the extent of the | ||||||
10 | audit report and shall require compliance
with statutory | ||||||
11 | requirements and standards and such requirements as the
State | ||||||
12 | Board of Education deems
necessary for an adequate
budget and | ||||||
13 | accounting system. For the 2018-2019 school year and | ||||||
14 | thereafter, the rules and regulations shall prescribe a system | ||||||
15 | for accounting for revenues and expenditures at the individual | ||||||
16 | school level that includes without limitation the following: | ||||||
17 | (1) accounting for expenditures for school | ||||||
18 | administration, regular instruction, special education | ||||||
19 | instruction, instructional programs for children of | ||||||
20 | limited English-speaking ability, instructional support | ||||||
21 | services, and pupil support services; | ||||||
22 | (2) salary expenditures reflecting actual staff | ||||||
23 | salaries at each school; | ||||||
24 | (3) accounting for operations, including | ||||||
25 | non-instructional pupil services, facilities, and business |
| |||||||
| |||||||
1 | services; and | ||||||
2 | (4) such other requirements as the State Board of | ||||||
3 | Education deems necessary to provide for a uniform and | ||||||
4 | transparent system of accounting at the school level.
| ||||||
5 | (Source: P.A. 81-1508.)
| ||||||
6 | (105 ILCS 5/2-3.33) (from Ch. 122, par. 2-3.33)
| ||||||
7 | Sec. 2-3.33. Recomputation of claims. To recompute within | ||||||
8 | 3 years from the
final date for filing of a claim any claim for | ||||||
9 | reimbursement to any school
district if the claim has been | ||||||
10 | found to be incorrect and to adjust subsequent
claims | ||||||
11 | accordingly, and to recompute and adjust any such claims within | ||||||
12 | 6 years
from the final date for filing when there has been an | ||||||
13 | adverse court or
administrative agency decision on
the merits | ||||||
14 | affecting the tax revenues of the school district. However, no | ||||||
15 | such
adjustment shall be made regarding equalized assessed | ||||||
16 | valuation unless the
district's equalized assessed valuation | ||||||
17 | is changed by greater than $250,000 or
2%. Any adjustments for | ||||||
18 | claims recomputed for the 2015-2016 school year and prior | ||||||
19 | school years shall be applied to the apportionment of primary | ||||||
20 | State financial aid in Section 18-8.15 of this Code beginning | ||||||
21 | in the 2016-2017 school year and thereafter.
| ||||||
22 | Except in the case of an adverse court or administrative | ||||||
23 | agency decision ,
no recomputation of a
State aid claim shall be | ||||||
24 | made pursuant to this Section as a result of a
reduction in the | ||||||
25 | assessed valuation of a school district from the assessed
|
| |||||||
| |||||||
1 | valuation of the district reported to the State Board of | ||||||
2 | Education by the
Department of Revenue under Section 18-8.05 or | ||||||
3 | 18-8.15 of this Code unless the
requirements of Section
16-15 | ||||||
4 | of the Property Tax Code and Section 2-3.84 of this Code are
| ||||||
5 | complied with in all respects.
| ||||||
6 | This paragraph applies to all requests for recomputation of | ||||||
7 | a general
State aid or primary State aid claim received after | ||||||
8 | June 30, 2003. In recomputing a general
State aid or primary | ||||||
9 | State aid claim that was originally calculated using an | ||||||
10 | extension
limitation equalized assessed valuation under | ||||||
11 | paragraph (3) of
subsection (G) of Section 18-8.05 of this Code | ||||||
12 | or paragraph (2) of
subsection (h) of Section 18-8.15 of this | ||||||
13 | Code , a qualifying reduction in
equalized assessed valuation | ||||||
14 | shall be deducted from the extension
limitation equalized | ||||||
15 | assessed valuation that was used in calculating the
original | ||||||
16 | claim.
| ||||||
17 | From the total amount of general State aid or primary State | ||||||
18 | aid to be provided to
districts, adjustments as a result of | ||||||
19 | recomputation under this Section
together with adjustments | ||||||
20 | under Section 2-3.84 must not exceed $25
million, in the | ||||||
21 | aggregate for all districts under both Sections combined,
of | ||||||
22 | the general State aid or primary State aid appropriation in any | ||||||
23 | fiscal year; if necessary,
amounts shall be prorated among | ||||||
24 | districts. If it is necessary to prorate
claims under this | ||||||
25 | paragraph, then that portion of each prorated claim that is
| ||||||
26 | approved but not paid in the current fiscal year may be |
| |||||||
| |||||||
1 | resubmitted as a
valid claim in the following fiscal year.
| ||||||
2 | (Source: P.A. 93-845, eff. 7-30-04.)
| ||||||
3 | (105 ILCS 5/2-3.51.5) | ||||||
4 | Sec. 2-3.51.5. School Safety and Educational Improvement | ||||||
5 | Block Grant
Program. To improve the level of education and | ||||||
6 | safety of students from
kindergarten through grade 12 in school | ||||||
7 | districts and State-recognized, non-public schools. The State | ||||||
8 | Board of
Education is authorized to fund a School Safety and | ||||||
9 | Educational Improvement
Block Grant Program. | ||||||
10 | (1) For school districts, the program shall provide funding | ||||||
11 | for school safety, textbooks and
software, electronic | ||||||
12 | textbooks and the technological equipment necessary to gain | ||||||
13 | access to and use electronic textbooks, teacher training and | ||||||
14 | curriculum development, school improvements, school
report | ||||||
15 | cards under Section 10-17a, and criminal history records checks
| ||||||
16 | under Sections 10-21.9 and 34-18.5. For State-recognized, | ||||||
17 | non-public schools, the program shall provide funding for | ||||||
18 | secular textbooks and software, criminal history records | ||||||
19 | checks, and health and safety mandates to the extent that the | ||||||
20 | funds are expended for purely secular purposes. A school | ||||||
21 | district
or laboratory school as defined in Section 18-8 , or | ||||||
22 | 18-8.05 , or 18-8.15 is not required
to file an application in | ||||||
23 | order to receive the categorical funding to which it
is | ||||||
24 | entitled under this Section. Funds for the School Safety and | ||||||
25 | Educational
Improvement Block Grant Program shall be |
| |||||||
| |||||||
1 | distributed to school districts and
laboratory schools based on | ||||||
2 | the prior year's best 3 months average daily
attendance. Funds | ||||||
3 | for the School Safety and Educational Improvement Block Grant | ||||||
4 | Program shall be distributed to State-recognized, non-public | ||||||
5 | schools based on the average daily attendance figure for the | ||||||
6 | previous school year provided to the State Board of Education. | ||||||
7 | The State Board of Education shall develop an application that | ||||||
8 | requires State-recognized, non-public schools to submit | ||||||
9 | average daily attendance figures. A State-recognized, | ||||||
10 | non-public school must submit the application and average daily | ||||||
11 | attendance figure prior to receiving funds under this Section. | ||||||
12 | The State Board of Education shall promulgate rules and
| ||||||
13 | regulations necessary for the implementation of this program. | ||||||
14 | (2) Distribution of moneys to school districts and | ||||||
15 | State-recognized, non-public schools shall be made in 2
| ||||||
16 | semi-annual installments, one payment on or before October 30, | ||||||
17 | and one
payment prior to April 30, of each fiscal year. | ||||||
18 | (3) Grants under the School Safety and Educational | ||||||
19 | Improvement Block Grant
Program shall be awarded provided there | ||||||
20 | is an appropriation for the program,
and funding levels for | ||||||
21 | each district shall be prorated according to the amount
of the | ||||||
22 | appropriation. | ||||||
23 | (4) The provisions of this Section are in the public | ||||||
24 | interest, are for the public benefit, and serve secular public | ||||||
25 | purposes. | ||||||
26 | (Source: P.A. 98-972, eff. 8-15-14.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/2-3.66) (from Ch. 122, par. 2-3.66)
| ||||||
2 | Sec. 2-3.66. Truants' alternative and optional education | ||||||
3 | programs. To
establish projects to offer modified | ||||||
4 | instructional programs or other
services designed to prevent | ||||||
5 | students from dropping out of school,
including programs | ||||||
6 | pursuant to Section 2-3.41, and to serve as a part time
or full | ||||||
7 | time option in lieu of regular school attendance and to award
| ||||||
8 | grants to local school districts, educational service regions | ||||||
9 | or community
college districts from appropriated funds to | ||||||
10 | assist districts in
establishing such projects. The education | ||||||
11 | agency may operate its own
program or enter into a contract | ||||||
12 | with another not-for-profit entity to
implement the program. | ||||||
13 | The projects shall allow dropouts, up to and
including age 21, | ||||||
14 | potential dropouts, including truants, uninvolved,
unmotivated | ||||||
15 | and disaffected students, as defined by State Board of
| ||||||
16 | Education rules and regulations, to enroll, as an alternative | ||||||
17 | to regular
school attendance, in an optional education program | ||||||
18 | which may be
established by school board policy and is in | ||||||
19 | conformance with rules adopted
by the State Board of Education. | ||||||
20 | Truants' Alternative and Optional
Education programs funded | ||||||
21 | pursuant to this Section shall be
planned by a student, the | ||||||
22 | student's parents or legal guardians, unless the
student is 18 | ||||||
23 | years or older, and school officials and shall culminate in
an | ||||||
24 | individualized optional education plan. Such plan shall focus
| ||||||
25 | on academic or vocational skills, or both, and may include, but |
| |||||||
| |||||||
1 | not be
limited to, evening school, summer school, community | ||||||
2 | college courses, adult
education, preparation courses for high | ||||||
3 | school equivalency testing, vocational training, work | ||||||
4 | experience, programs to
enhance self concept and parenting | ||||||
5 | courses. School districts which are
awarded grants pursuant to | ||||||
6 | this Section shall be authorized to provide day
care services | ||||||
7 | to children of students who are eligible and desire to enroll
| ||||||
8 | in programs established and funded under this Section, but only | ||||||
9 | if and to
the extent that such day care is necessary to enable | ||||||
10 | those eligible
students to attend and participate in the | ||||||
11 | programs and courses which are
conducted pursuant to this | ||||||
12 | Section.
School districts and regional offices of education may | ||||||
13 | claim general State
aid under Section 18-8.05 or primary State
| ||||||
14 | aid under Section 18-8.15 for students enrolled in truants' | ||||||
15 | alternative and
optional education programs, provided that | ||||||
16 | such students are receiving services
that are supplemental to a | ||||||
17 | program leading to a high school diploma and are
otherwise | ||||||
18 | eligible to be claimed for general State aid under Section | ||||||
19 | 18-8.05 or primary State
aid under Section 18-8.15, as | ||||||
20 | applicable .
| ||||||
21 | (Source: P.A. 98-718, eff. 1-1-15 .)
| ||||||
22 | (105 ILCS 5/2-3.66b) | ||||||
23 | Sec. 2-3.66b. IHOPE Program. | ||||||
24 | (a) There is established the Illinois Hope and Opportunity | ||||||
25 | Pathways through Education (IHOPE) Program. The State Board of |
| |||||||
| |||||||
1 | Education shall implement and administer the IHOPE Program. The | ||||||
2 | goal of the IHOPE Program is to develop a comprehensive system | ||||||
3 | in this State to re-enroll significant numbers of high school | ||||||
4 | dropouts in programs that will enable them to earn their high | ||||||
5 | school diploma. | ||||||
6 | (b) The IHOPE Program shall award grants, subject to | ||||||
7 | appropriation for this purpose, to educational service regions | ||||||
8 | and a school district organized under Article 34 of this Code | ||||||
9 | from appropriated funds to assist in establishing | ||||||
10 | instructional programs and other services designed to | ||||||
11 | re-enroll high school dropouts. From any funds appropriated for | ||||||
12 | the IHOPE Program, the State Board of Education may use up to | ||||||
13 | 5% for administrative costs, including the performance of a | ||||||
14 | program evaluation and the hiring of staff to implement and | ||||||
15 | administer the program. | ||||||
16 | The IHOPE Program shall provide incentive grant funds for | ||||||
17 | regional offices of education and a school district organized | ||||||
18 | under Article 34 of this Code to develop partnerships with | ||||||
19 | school districts, public community colleges, and community | ||||||
20 | groups to build comprehensive plans to re-enroll high school | ||||||
21 | dropouts in their regions or districts. | ||||||
22 | Programs funded through the IHOPE Program shall allow high | ||||||
23 | school dropouts, up to and including age 21 notwithstanding | ||||||
24 | Section 26-2 of this Code, to re-enroll in an educational | ||||||
25 | program in conformance with rules adopted by the State Board of | ||||||
26 | Education. Programs may include without limitation |
| |||||||
| |||||||
1 | comprehensive year-round programming, evening school, summer | ||||||
2 | school, community college courses, adult education, vocational | ||||||
3 | training, work experience, programs to enhance self-concept, | ||||||
4 | and parenting courses. Any student in the IHOPE Program who | ||||||
5 | wishes to earn a high school diploma must meet the | ||||||
6 | prerequisites to receiving a high school diploma specified in | ||||||
7 | Section 27-22 of this Code and any other graduation | ||||||
8 | requirements of the student's district of residence. Any | ||||||
9 | student who successfully completes the requirements for his or | ||||||
10 | her graduation shall receive a diploma identifying the student | ||||||
11 | as graduating from his or her district of residence. | ||||||
12 | (c) In order to be eligible for funding under the IHOPE | ||||||
13 | Program, an interested regional office of education or a school | ||||||
14 | district organized under Article 34 of this Code shall develop | ||||||
15 | an IHOPE Plan to be approved by the State Board of Education. | ||||||
16 | The State Board of Education shall develop rules for the IHOPE | ||||||
17 | Program that shall set forth the requirements for the | ||||||
18 | development of the IHOPE Plan. Each Plan shall involve school | ||||||
19 | districts, public community colleges, and key community | ||||||
20 | programs that work with high school dropouts located in an | ||||||
21 | educational service region or the City of Chicago before the | ||||||
22 | Plan is sent to the State Board for approval. No funds may be | ||||||
23 | distributed to a regional office of education or a school | ||||||
24 | district organized under Article 34 of this Code until the | ||||||
25 | State Board has approved the Plan. | ||||||
26 | (d) A regional office of education or a school district |
| |||||||
| |||||||
1 | organized under Article 34 of this Code may operate its own | ||||||
2 | program funded by the IHOPE Program or enter into a contract | ||||||
3 | with other not-for-profit entities, including school | ||||||
4 | districts, public community colleges, and not-for-profit | ||||||
5 | community-based organizations, to operate a program. | ||||||
6 | A regional office of education or a school district | ||||||
7 | organized under Article 34 of this Code that receives an IHOPE | ||||||
8 | grant from the State Board of Education may provide funds under | ||||||
9 | a sub-grant, as specified in the IHOPE Plan, to other | ||||||
10 | not-for-profit entities to provide services according to the | ||||||
11 | IHOPE Plan that was developed. These other entities may include | ||||||
12 | school districts, public community colleges, or not-for-profit | ||||||
13 | community-based organizations or a cooperative partnership | ||||||
14 | among these entities. | ||||||
15 | (e) In order to distribute funding based upon the need to | ||||||
16 | ensure delivery of programs that will have the greatest impact, | ||||||
17 | IHOPE Program funding must be distributed based upon the | ||||||
18 | proportion of dropouts in the educational service region or | ||||||
19 | school district, in the case of a school district organized | ||||||
20 | under Article 34 of this Code, to the total number of dropouts | ||||||
21 | in this State. This formula shall employ the dropout data | ||||||
22 | provided by school districts to the State Board of Education. | ||||||
23 | A regional office of education or a school district | ||||||
24 | organized under Article 34 of this Code may claim State aid | ||||||
25 | under Section 18-8.05 or 18-8.15 of this Code for students | ||||||
26 | enrolled in a program funded by the IHOPE Program, provided |
| |||||||
| |||||||
1 | that the State Board of Education has approved the IHOPE Plan | ||||||
2 | and that these students are receiving services that are meeting | ||||||
3 | the requirements of Section 27-22 of this Code for receipt of a | ||||||
4 | high school diploma and are otherwise eligible to be claimed | ||||||
5 | for general State aid under Section 18-8.05 of this Code or | ||||||
6 | primary State
aid under Section 18-8.15 of this Code , including | ||||||
7 | provisions related to the minimum number of days of pupil | ||||||
8 | attendance pursuant to Section 10-19 of this Code and the | ||||||
9 | minimum number of daily hours of school work and any exceptions | ||||||
10 | thereto as defined by the State Board of Education in rules. | ||||||
11 | (f) IHOPE categories of programming may include the | ||||||
12 | following: | ||||||
13 | (1) Full-time programs that are comprehensive, | ||||||
14 | year-round programs. | ||||||
15 | (2) Part-time programs combining work and study | ||||||
16 | scheduled at various times that are flexible to the needs | ||||||
17 | of students. | ||||||
18 | (3) Online programs and courses in which students take | ||||||
19 | courses and complete on-site, supervised tests that | ||||||
20 | measure the student's mastery of a specific course needed | ||||||
21 | for graduation. Students may take courses online and earn | ||||||
22 | credit or students may prepare to take supervised tests for | ||||||
23 | specific courses for credit leading to receipt of a high | ||||||
24 | school diploma. | ||||||
25 | (4) Dual enrollment in which students attend high | ||||||
26 | school classes in combination with community college |
| |||||||
| |||||||
1 | classes or students attend community college classes while | ||||||
2 | simultaneously earning high school credit and eventually a | ||||||
3 | high school diploma. | ||||||
4 | (g) In order to have successful comprehensive programs | ||||||
5 | re-enrolling and graduating low-skilled high school dropouts, | ||||||
6 | programs funded through the IHOPE Program shall include all of | ||||||
7 | the following components: | ||||||
8 | (1) Small programs (70 to 100 students) at a separate | ||||||
9 | school site with a distinct identity. Programs may be | ||||||
10 | larger with specific need and justification, keeping in | ||||||
11 | mind that it is crucial to keep programs small to be | ||||||
12 | effective. | ||||||
13 | (2) Specific performance-based goals and outcomes and | ||||||
14 | measures of enrollment, attendance, skills, credits, | ||||||
15 | graduation, and the transition to college, training, and | ||||||
16 | employment. | ||||||
17 | (3) Strong, experienced leadership and teaching staff | ||||||
18 | who are provided with ongoing professional development. | ||||||
19 | (4) Voluntary enrollment. | ||||||
20 | (5) High standards for student learning, integrating | ||||||
21 | work experience, and education, including during the | ||||||
22 | school year and after school, and summer school programs | ||||||
23 | that link internships, work, and learning. | ||||||
24 | (6) Comprehensive programs providing extensive support | ||||||
25 | services. | ||||||
26 | (7) Small teams of students supported by full-time paid |
| |||||||
| |||||||
1 | mentors who work to retain and help those students | ||||||
2 | graduate. | ||||||
3 | (8) A comprehensive technology learning center with | ||||||
4 | Internet access and broad-based curriculum focusing on | ||||||
5 | academic and career subject areas. | ||||||
6 | (9) Learning opportunities that incorporate action | ||||||
7 | into study. | ||||||
8 | (h) Programs funded through the IHOPE Program must report | ||||||
9 | data to the State Board of Education as requested. This | ||||||
10 | information shall include, but is not limited to, student | ||||||
11 | enrollment figures, attendance information, course completion | ||||||
12 | data, graduation information, and post-graduation information, | ||||||
13 | as available. | ||||||
14 | (i) Rules must be developed by the State Board of Education | ||||||
15 | to set forth the fund distribution process to regional offices | ||||||
16 | of education and a school district organized under Article 34 | ||||||
17 | of this Code, the planning and the conditions upon which an | ||||||
18 | IHOPE Plan would be approved by State Board, and other rules to | ||||||
19 | develop the IHOPE Program.
| ||||||
20 | (Source: P.A. 96-106, eff. 7-30-09.) | ||||||
21 | (105 ILCS 5/2-3.84) (from Ch. 122, par. 2-3.84)
| ||||||
22 | Sec. 2-3.84. In calculating the amount of State aid to be | ||||||
23 | apportioned
to the various school districts in this State, the | ||||||
24 | State Board of Education
shall incorporate and deduct the total | ||||||
25 | aggregate adjustments to assessments
made by
the State Property |
| |||||||
| |||||||
1 | Tax Appeal Board or Cook County Board of Appeals, as
reported | ||||||
2 | pursuant to Section 16-15 of the Property Tax Code or Section
| ||||||
3 | 129.1 of the Revenue Act of 1939 by the Department of Revenue, | ||||||
4 | from the
equalized assessed valuation that is otherwise to be | ||||||
5 | utilized in
the initial calculation.
| ||||||
6 | From the total amount of general State aid or primary State | ||||||
7 | aid to be provided to
districts, adjustments under this Section | ||||||
8 | together with adjustments as a
result of recomputation under | ||||||
9 | Section 2-3.33 must not exceed $25
million, in the aggregate | ||||||
10 | for all districts under both Sections combined,
of the general | ||||||
11 | State aid or primary State aid appropriation in any fiscal | ||||||
12 | year; if necessary,
amounts shall be prorated among districts. | ||||||
13 | If it is necessary to prorate
claims under this paragraph, then | ||||||
14 | that portion of each prorated claim that is
approved but not | ||||||
15 | paid in the current fiscal year may be resubmitted as a
valid | ||||||
16 | claim in the following fiscal year.
| ||||||
17 | (Source: P.A. 93-845, eff. 7-30-04.)
| ||||||
18 | (105 ILCS 5/2-3.109a)
| ||||||
19 | Sec. 2-3.109a. Laboratory schools grant eligibility. A | ||||||
20 | laboratory school
as defined in Section 18-8 or 18-8.15 may | ||||||
21 | apply for and be eligible to receive, subject to
the same | ||||||
22 | restrictions applicable to school districts, any grant | ||||||
23 | administered by
the State Board of Education that is available | ||||||
24 | for school districts.
| ||||||
25 | (Source: P.A. 90-566, eff. 1-2-98.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/3-14.21) (from Ch. 122, par. 3-14.21)
| ||||||
2 | Sec. 3-14.21. Inspection of schools.
| ||||||
3 | (a) The regional superintendent shall inspect and survey | ||||||
4 | all
public
schools under his or her supervision and notify the | ||||||
5 | board of education, or the
trustees of schools in a district | ||||||
6 | with trustees, in writing before July 30,
whether or not the | ||||||
7 | several schools in their district have been kept as required
by | ||||||
8 | law, using forms provided by the State Board of Education which | ||||||
9 | are based on
the Health/Life Safety Code for Public Schools | ||||||
10 | adopted under Section 2-3.12. The regional
superintendent | ||||||
11 | shall report his or her findings to the State Board of
| ||||||
12 | Education on
forms provided by the State Board of Education.
| ||||||
13 | (b) If the regional superintendent determines that a school | ||||||
14 | board has
failed in a timely manner to correct urgent items | ||||||
15 | identified in a previous
life-safety report completed under | ||||||
16 | Section 2-3.12 or as otherwise previously
ordered by the | ||||||
17 | regional superintendent, the regional superintendent shall | ||||||
18 | order
the school board to adopt and submit to the regional | ||||||
19 | superintendent a plan for
the immediate correction of the | ||||||
20 | building violations. This plan shall be
adopted following a | ||||||
21 | public hearing that is conducted by the school board on the
| ||||||
22 | violations and the plan and that is preceded by at least 7 | ||||||
23 | days' prior notice
of the hearing published in
a newspaper of | ||||||
24 | general circulation within the school district. If the regional
| ||||||
25 | superintendent determines in the next annual inspection that |
| |||||||
| |||||||
1 | the plan has not
been completed and that the violations have | ||||||
2 | not been corrected, the regional
superintendent shall submit a | ||||||
3 | report to the State Board of Education with a
recommendation | ||||||
4 | that the State Board withhold from payments of general State | ||||||
5 | aid or primary State aid
due to the district an amount | ||||||
6 | necessary to correct the outstanding violations.
The State | ||||||
7 | Board, upon notice to the school board
and to the regional | ||||||
8 | superintendent, shall consider the report at a meeting of
the | ||||||
9 | State Board, and may order that a sufficient amount of general | ||||||
10 | State aid or primary State aid be
withheld from payments due to | ||||||
11 | the district to correct the violations. This
amount shall be | ||||||
12 | paid to the regional superintendent who shall contract on
| ||||||
13 | behalf of the school board for the correction of the | ||||||
14 | outstanding violations.
| ||||||
15 | (c) The Office of the State Fire Marshal or a qualified | ||||||
16 | fire official, as defined in Section 2-3.12 of this Code, to | ||||||
17 | whom the State Fire Marshal has delegated his or her authority | ||||||
18 | shall conduct an annual fire safety inspection of each school | ||||||
19 | building in this State. The State Fire Marshal or the fire | ||||||
20 | official shall coordinate its inspections with the regional | ||||||
21 | superintendent. The inspection shall be based on the fire | ||||||
22 | safety code authorized in Section 2-3.12 of this Code. Any | ||||||
23 | violations shall be reported in writing to the regional | ||||||
24 | superintendent and shall reference the specific code sections | ||||||
25 | where a discrepancy has been identified within 15 days after | ||||||
26 | the inspection has been conducted. The regional superintendent |
| |||||||
| |||||||
1 | shall address those violations that are not corrected in a | ||||||
2 | timely manner pursuant to subsection (b) of this Section. The | ||||||
3 | inspection must be at no cost to the school district.
| ||||||
4 | (d) If a municipality or, in the case of an unincorporated | ||||||
5 | area, a county or, if applicable, a fire protection district | ||||||
6 | wishes to perform new construction inspections under the | ||||||
7 | jurisdiction of a regional superintendent, then the entity must | ||||||
8 | register this wish with the regional superintendent. These | ||||||
9 | inspections must be based on the building code authorized in | ||||||
10 | Section 2-3.12 of this Code. The inspections must be at no cost | ||||||
11 | to the school district.
| ||||||
12 | (Source: P.A. 96-734, eff. 8-25-09.)
| ||||||
13 | (105 ILCS 5/7-14A) (from Ch. 122, par. 7-14A)
| ||||||
14 | Sec. 7-14A. Annexation Compensation. There shall be no | ||||||
15 | accounting
made after a mere change in boundaries when no new | ||||||
16 | district is created, except that those districts whose | ||||||
17 | enrollment increases by 90% or more as a result of annexing | ||||||
18 | territory detached from another district pursuant to this | ||||||
19 | Article are eligible for supplementary State aid payments in | ||||||
20 | accordance with Section 11E-135 of this Code. Eligible annexing | ||||||
21 | districts shall apply to the State Board of Education for | ||||||
22 | supplementary State aid payments by submitting enrollment | ||||||
23 | figures for the year immediately preceding and the year | ||||||
24 | immediately following the effective date of the boundary change | ||||||
25 | for both the district gaining territory and the district losing |
| |||||||
| |||||||
1 | territory. Copies of any intergovernmental agreements between | ||||||
2 | the district gaining territory and the district losing | ||||||
3 | territory detailing any transfer of fund balances and staff | ||||||
4 | must also be submitted. In all instances of changes in | ||||||
5 | boundaries,
the district losing territory shall
not count the | ||||||
6 | average daily attendance of pupils living in the territory
| ||||||
7 | during the year preceding the effective date of the boundary | ||||||
8 | change in its
claim for reimbursement under Section 18-8 or | ||||||
9 | 18-8.15 for the school year following
the effective date of the | ||||||
10 | change in boundaries and the district receiving
the territory | ||||||
11 | shall count the average daily attendance of pupils living in
| ||||||
12 | the territory during the year preceding the effective date of | ||||||
13 | the boundary
change in its claim for reimbursement under | ||||||
14 | Section 18-8 or 18-8.15 for the school
year following the | ||||||
15 | effective date of the change in boundaries. The changes to this | ||||||
16 | Section made by this amendatory Act of the 95th General | ||||||
17 | Assembly are intended to be retroactive and applicable to any | ||||||
18 | annexation taking effect on or after July 1, 2004.
| ||||||
19 | (Source: P.A. 95-707, eff. 1-11-08.)
| ||||||
20 | (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
| ||||||
21 | Sec. 10-17a. State, school district, and school report | ||||||
22 | cards.
| ||||||
23 | (1) By October 31, 2013 and October 31 of each subsequent | ||||||
24 | school year, the State Board of Education, through the State | ||||||
25 | Superintendent of Education, shall prepare a State report card, |
| |||||||
| |||||||
1 | school district report cards, and school report cards, and | ||||||
2 | shall by the most economic means provide to each school
| ||||||
3 | district in this State, including special charter districts and | ||||||
4 | districts
subject to the provisions of Article 34, the report | ||||||
5 | cards for the school district and each of its schools. | ||||||
6 | (2) In addition to any information required by federal law, | ||||||
7 | the State Superintendent shall determine the indicators and | ||||||
8 | presentation of the school report card, which must include, at | ||||||
9 | a minimum, the most current data possessed by the State Board | ||||||
10 | of Education related to the following: | ||||||
11 | (A) school characteristics and student demographics, | ||||||
12 | including average class size, average teaching experience, | ||||||
13 | student racial/ethnic breakdown, and the percentage of | ||||||
14 | students classified as low-income; the percentage of | ||||||
15 | students classified as English learners; the percentage of | ||||||
16 | students who have individualized education plans or 504 | ||||||
17 | plans that provide for special education services; the | ||||||
18 | percentage of students who annually transferred in or out | ||||||
19 | of the school district; the per-pupil operating | ||||||
20 | expenditure of the school district; and the per-pupil State | ||||||
21 | average operating expenditure for the district type | ||||||
22 | (elementary, high school, or unit); | ||||||
23 | (B) curriculum information, including, where | ||||||
24 | applicable, Advanced Placement, International | ||||||
25 | Baccalaureate or equivalent courses, dual enrollment | ||||||
26 | courses, foreign language classes, school personnel |
| |||||||
| |||||||
1 | resources (including Career Technical Education teachers), | ||||||
2 | before and after school programs, extracurricular | ||||||
3 | activities, subjects in which elective classes are | ||||||
4 | offered, health and wellness initiatives (including the | ||||||
5 | average number of days of Physical Education per week per | ||||||
6 | student), approved programs of study, awards received, | ||||||
7 | community partnerships, and special programs such as | ||||||
8 | programming for the gifted and talented, students with | ||||||
9 | disabilities, and work-study students; | ||||||
10 | (C) student outcomes, including, where applicable, the | ||||||
11 | percentage of students deemed proficient on assessments of | ||||||
12 | State standards, the percentage of students in the eighth | ||||||
13 | grade who pass Algebra, the percentage of students enrolled | ||||||
14 | in post-secondary institutions (including colleges, | ||||||
15 | universities, community colleges, trade/vocational | ||||||
16 | schools, and training programs leading to career | ||||||
17 | certification within 2 semesters of high school | ||||||
18 | graduation), the percentage of students graduating from | ||||||
19 | high school who are college and career ready, and the | ||||||
20 | percentage of graduates enrolled in community colleges, | ||||||
21 | colleges, and universities who are in one or more courses | ||||||
22 | that the community college, college, or university | ||||||
23 | identifies as a developmental course; | ||||||
24 | (D) student progress, including, where applicable, the | ||||||
25 | percentage of students in the ninth grade who have earned 5 | ||||||
26 | credits or more without failing more than one core class, a |
| |||||||
| |||||||
1 | measure of students entering kindergarten ready to learn, a | ||||||
2 | measure of growth, and the percentage of students who enter | ||||||
3 | high school on track for college and career readiness; | ||||||
4 | (E) the school environment, including, where | ||||||
5 | applicable, the percentage of students with less than 10 | ||||||
6 | absences in a school year, the percentage of teachers with | ||||||
7 | less than 10 absences in a school year for reasons other | ||||||
8 | than professional development, leaves taken pursuant to | ||||||
9 | the federal Family Medical Leave Act of 1993, long-term | ||||||
10 | disability, or parental leaves, the 3-year average of the | ||||||
11 | percentage of teachers returning to the school from the | ||||||
12 | previous year, the number of different principals at the | ||||||
13 | school in the last 6 years, 2 or more indicators from any | ||||||
14 | school climate survey selected or approved by the State and | ||||||
15 | administered pursuant to Section 2-3.153 of this Code, with | ||||||
16 | the same or similar indicators included on school report | ||||||
17 | cards for all surveys selected or approved by the State | ||||||
18 | pursuant to Section 2-3.153 of this Code, and the combined | ||||||
19 | percentage of teachers rated as proficient or excellent in | ||||||
20 | their most recent evaluation; and | ||||||
21 | (F) a school district's and its individual schools' | ||||||
22 | balanced accountability measure, in accordance with | ||||||
23 | Section 2-3.25a of this Code. | ||||||
24 | The school report card shall also provide
information that | ||||||
25 | allows for comparing the current outcome, progress, and | ||||||
26 | environment data to the State average, to the school data from |
| |||||||
| |||||||
1 | the past 5 years, and to the outcomes, progress, and | ||||||
2 | environment of similar schools based on the type of school and | ||||||
3 | enrollment of low-income students, special education students, | ||||||
4 | and English learners.
| ||||||
5 | (3) At the discretion of the State Superintendent, the | ||||||
6 | school district report card shall include a subset of the | ||||||
7 | information identified in paragraphs (A) through (E) of | ||||||
8 | subsection (2) of this Section, as well as information relating | ||||||
9 | to the operating expense per pupil and other finances of the | ||||||
10 | school district, and the State report card shall include a | ||||||
11 | subset of the information identified in paragraphs (A) through | ||||||
12 | (E) of subsection (2) of this Section. The school district | ||||||
13 | report card shall include the total and per pupil normal cost | ||||||
14 | amount the State contributed to the Teachers' Retirement System | ||||||
15 | of the State of Illinois in the prior fiscal year for the | ||||||
16 | district's employees, which shall be reported to the State | ||||||
17 | Board of Education by the Teachers' Retirement System of the | ||||||
18 | State of Illinois. | ||||||
19 | (4) Notwithstanding anything to the contrary in this | ||||||
20 | Section, in consultation with key education stakeholders, the | ||||||
21 | State Superintendent shall at any time have the discretion to | ||||||
22 | amend or update any and all metrics on the school, district, or | ||||||
23 | State report card. | ||||||
24 | (5) Annually, no more than 30 calendar days after receipt | ||||||
25 | of the school district and school report cards from the State | ||||||
26 | Superintendent of Education, each school district, including |
| |||||||
| |||||||
1 | special charter districts and districts subject to the | ||||||
2 | provisions of Article 34, shall present such report
cards at a | ||||||
3 | regular school board meeting subject to
applicable notice | ||||||
4 | requirements, post the report cards
on the
school district's | ||||||
5 | Internet web site, if the district maintains an Internet web
| ||||||
6 | site, make the report cards
available
to a newspaper of general | ||||||
7 | circulation serving the district, and, upon
request, send the | ||||||
8 | report cards
home to a parent (unless the district does not | ||||||
9 | maintain an Internet web site,
in which case
the report card | ||||||
10 | shall be sent home to parents without request). If the
district | ||||||
11 | posts the report card on its Internet web
site, the district
| ||||||
12 | shall send a
written notice home to parents stating (i) that | ||||||
13 | the report card is available on
the web site,
(ii) the address | ||||||
14 | of the web site, (iii) that a printed copy of the report card
| ||||||
15 | will be sent to
parents upon request, and (iv) the telephone | ||||||
16 | number that parents may
call to
request a printed copy of the | ||||||
17 | report card.
| ||||||
18 | (6) Nothing contained in this amendatory Act of the 98th | ||||||
19 | General Assembly repeals, supersedes, invalidates, or | ||||||
20 | nullifies final decisions in lawsuits pending on the effective | ||||||
21 | date of this amendatory Act of the 98th General Assembly in | ||||||
22 | Illinois courts involving the interpretation of Public Act | ||||||
23 | 97-8. | ||||||
24 | (Source: P.A. 98-463, eff. 8-16-13; 98-648, eff. 7-1-14; 99-30, | ||||||
25 | eff. 7-10-15; 99-193, eff. 7-30-15; revised 10-21-15.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
| ||||||
2 | Sec. 10-19. Length of school term - experimental programs. | ||||||
3 | Each school
board shall annually prepare a calendar for the | ||||||
4 | school term, specifying
the opening and closing dates and | ||||||
5 | providing a minimum term of at least 185
days to insure 176 | ||||||
6 | days of actual pupil attendance, computable under Section
| ||||||
7 | 18-8.05 or 18-8.15 , except that for the 1980-1981 school year | ||||||
8 | only 175 days
of actual
pupil attendance shall be required | ||||||
9 | because of the closing of schools pursuant
to Section 24-2 on | ||||||
10 | January 29, 1981 upon the appointment by the President
of that | ||||||
11 | day as a day of thanksgiving for the freedom of the Americans | ||||||
12 | who
had been held hostage in Iran. Any days allowed by law for | ||||||
13 | teachers' institutes
but not used as such or used as parental | ||||||
14 | institutes as provided
in Section 10-22.18d shall increase the | ||||||
15 | minimum term by the school days not
so used. Except as provided | ||||||
16 | in Section 10-19.1, the board may not extend
the school term | ||||||
17 | beyond such closing date unless that extension of term is
| ||||||
18 | necessary to provide the minimum number of computable days. In | ||||||
19 | case of
such necessary extension school employees
shall be paid | ||||||
20 | for such additional time on the basis of their regular
| ||||||
21 | contracts. A school board may specify a closing date earlier | ||||||
22 | than that
set on the annual calendar when the schools of the | ||||||
23 | district have
provided the minimum number of computable days | ||||||
24 | under this Section.
Nothing in this Section prevents the board | ||||||
25 | from employing
superintendents of schools, principals and | ||||||
26 | other nonteaching personnel
for a period of 12 months, or in |
| |||||||
| |||||||
1 | the case of superintendents for a
period in accordance with | ||||||
2 | Section 10-23.8, or prevents the board from
employing other | ||||||
3 | personnel before or after the regular school term with
payment | ||||||
4 | of salary proportionate to that received for comparable work
| ||||||
5 | during the school term.
| ||||||
6 | A school board may make such changes in its calendar for | ||||||
7 | the school term
as may be required by any changes in the legal | ||||||
8 | school holidays prescribed
in Section 24-2. A school board may | ||||||
9 | make changes in its calendar for the
school term as may be | ||||||
10 | necessary to reflect the utilization of teachers'
institute | ||||||
11 | days as parental institute days as provided in Section | ||||||
12 | 10-22.18d.
| ||||||
13 | The calendar for the school term and any changes must be | ||||||
14 | submitted to and approved by the regional superintendent of | ||||||
15 | schools before the calendar or changes may take effect.
| ||||||
16 | With the prior approval of the State Board of Education and | ||||||
17 | subject
to review by the State Board of Education every 3 | ||||||
18 | years, any school
board may, by resolution of its board and in | ||||||
19 | agreement with affected
exclusive collective bargaining | ||||||
20 | agents, establish experimental
educational programs, including | ||||||
21 | but not limited to programs for e-learning days as authorized | ||||||
22 | under Section 10-20.56 of this Code,
self-directed learning, or | ||||||
23 | outside of formal class periods, which programs
when so | ||||||
24 | approved shall be considered to comply with the requirements of
| ||||||
25 | this Section as respects numbers of days of actual pupil | ||||||
26 | attendance and
with the other requirements of this Act as |
| |||||||
| |||||||
1 | respects courses of instruction.
| ||||||
2 | (Source: P.A. 98-756, eff. 7-16-14; 99-194, eff. 7-30-15.)
| ||||||
3 | (105 ILCS 5/10-22.5a) (from Ch. 122, par. 10-22.5a)
| ||||||
4 | Sec. 10-22.5a. Attendance by dependents of United States | ||||||
5 | military personnel, foreign exchange students, and certain
| ||||||
6 | nonresident pupils. | ||||||
7 | (a) To enter into written agreements with cultural exchange | ||||||
8 | organizations,
or with nationally recognized eleemosynary | ||||||
9 | institutions that promote excellence
in the arts, mathematics, | ||||||
10 | or science. The written agreements may provide
for tuition free | ||||||
11 | attendance at the local district school by foreign exchange
| ||||||
12 | students, or by nonresident pupils of eleemosynary | ||||||
13 | institutions. The local
board of education, as part of the | ||||||
14 | agreement, may require that the cultural
exchange program or | ||||||
15 | the eleemosynary institutions provide services to the
district | ||||||
16 | in exchange for the waiver of nonresident tuition.
| ||||||
17 | To enter into written agreements with adjacent school | ||||||
18 | districts to provide
for tuition free attendance by a student | ||||||
19 | of the adjacent district when
requested for the student's | ||||||
20 | health and safety by the student or parent and both
districts | ||||||
21 | determine that the student's health or safety will be served by | ||||||
22 | such
attendance. Districts shall not be required to enter into | ||||||
23 | such agreements nor
be
required to alter existing | ||||||
24 | transportation services due to the attendance of
such | ||||||
25 | non-resident pupils.
|
| |||||||
| |||||||
1 | (a-5) If, at the time of enrollment, a dependent of United | ||||||
2 | States military personnel is housed in temporary housing | ||||||
3 | located outside of a school district, but will be living within | ||||||
4 | the district within 60 days after the time of initial | ||||||
5 | enrollment, the dependent must be allowed to enroll, subject to | ||||||
6 | the requirements of this subsection (a-5), and must not be | ||||||
7 | charged tuition. Any United States military personnel | ||||||
8 | attempting to enroll a dependent under this subsection (a-5) | ||||||
9 | shall provide proof that the dependent will be living within | ||||||
10 | the district within 60 days after the time of initial | ||||||
11 | enrollment. Proof of residency may include, but is not limited | ||||||
12 | to, postmarked mail addressed to the military personnel and | ||||||
13 | sent to an address located within the district, a lease | ||||||
14 | agreement for occupancy of a residence located within the | ||||||
15 | district, or proof of ownership of a residence located within | ||||||
16 | the district.
| ||||||
17 | (b) Nonresident pupils and foreign exchange students | ||||||
18 | attending school on a
tuition free basis under such agreements | ||||||
19 | and nonresident dependents of United States military personnel | ||||||
20 | attending school on a tuition free basis may be counted for the | ||||||
21 | purposes
of determining the apportionment of State aid provided | ||||||
22 | under Section 18-8.05 or 18-8.15
of this Code. No organization
| ||||||
23 | or institution participating in agreements authorized under | ||||||
24 | this Section
may exclude any individual for participation in | ||||||
25 | its program on account
of the person's race, color, sex, | ||||||
26 | religion or nationality.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-739, eff. 7-16-14.)
| ||||||
2 | (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
| ||||||
3 | Sec. 10-22.20. Classes for adults and youths whose | ||||||
4 | schooling has
been interrupted; conditions for State | ||||||
5 | reimbursement; use of child
care facilities. | ||||||
6 | (a) To establish special classes for the instruction (1)
of | ||||||
7 | persons of age 21 years or over and (2) of persons less than | ||||||
8 | age 21
and not otherwise in attendance in public school, for | ||||||
9 | the purpose of
providing adults in the community and youths | ||||||
10 | whose schooling has been
interrupted with such additional basic | ||||||
11 | education, vocational skill
training, and other instruction as | ||||||
12 | may be necessary to increase their
qualifications for | ||||||
13 | employment or other means of self-support and their
ability to | ||||||
14 | meet their responsibilities as citizens, including courses of
| ||||||
15 | instruction regularly accepted for graduation from elementary | ||||||
16 | or high
schools and for Americanization and high school | ||||||
17 | equivalency testing review classes.
| ||||||
18 | The board shall pay the necessary expenses of such classes | ||||||
19 | out of
school funds of the district, including costs of student | ||||||
20 | transportation
and such facilities or provision for child-care | ||||||
21 | as may be necessary in
the judgment of the board to permit | ||||||
22 | maximum utilization of the courses
by students with children, | ||||||
23 | and other special needs of the students
directly related to | ||||||
24 | such instruction. The expenses thus incurred shall
be subject | ||||||
25 | to State reimbursement, as provided in this Section. The
board |
| |||||||
| |||||||
1 | may make a tuition charge for persons taking instruction who | ||||||
2 | are
not subject to State reimbursement, such tuition charge not | ||||||
3 | to exceed
the per capita cost of such classes.
| ||||||
4 | The cost of such instruction, including the additional | ||||||
5 | expenses herein
authorized, incurred for recipients of | ||||||
6 | financial aid under the Illinois
Public Aid Code, or for | ||||||
7 | persons for whom education and training aid has been
authorized | ||||||
8 | under Section 9-8 of that Code, shall be assumed in its | ||||||
9 | entirety
from funds appropriated by the State to the Illinois | ||||||
10 | Community College
Board.
| ||||||
11 | (b) The
Illinois Community College Board shall establish
| ||||||
12 | the standards for the
courses of instruction reimbursed
under | ||||||
13 | this Section. The Illinois Community College Board shall | ||||||
14 | supervise the
administration of the programs. The Illinois | ||||||
15 | Community College Board shall
determine the cost
of instruction | ||||||
16 | in accordance with standards established by the Illinois
| ||||||
17 | Community College Board, including therein
other incidental | ||||||
18 | costs as herein authorized, which shall serve as the basis of
| ||||||
19 | State reimbursement in accordance with the provisions of this | ||||||
20 | Section. In the
approval of programs and the determination of | ||||||
21 | the cost of instruction, the
Illinois Community College Board | ||||||
22 | shall provide
for the maximum utilization of federal
funds for | ||||||
23 | such programs.
The Illinois Community College Board shall also | ||||||
24 | provide for:
| ||||||
25 | (1) the development of an index of need for program | ||||||
26 | planning and for area
funding allocations, as defined by |
| |||||||
| |||||||
1 | the Illinois Community College Board;
| ||||||
2 | (2) the method for calculating hours of instruction, as | ||||||
3 | defined by the
Illinois Community College Board, claimable
| ||||||
4 | for reimbursement and a method to phase in
the calculation | ||||||
5 | and for adjusting the calculations in cases where the | ||||||
6 | services
of a program are interrupted due to circumstances | ||||||
7 | beyond the control of the
program provider;
| ||||||
8 | (3) a plan for the reallocation of funds to increase | ||||||
9 | the amount allocated
for grants based upon program | ||||||
10 | performance as set forth in subsection (d) below;
and
| ||||||
11 | (4) the development of standards for determining | ||||||
12 | grants based upon
performance as set forth in subsection | ||||||
13 | (d) below and a plan for the phased-in
implementation of | ||||||
14 | those standards.
| ||||||
15 | For instruction provided by school districts and community | ||||||
16 | college
districts beginning July 1, 1996 and thereafter, | ||||||
17 | reimbursement
provided by
the Illinois Community College Board | ||||||
18 | for
classes authorized by this Section
shall be provided from
| ||||||
19 | funds appropriated for the reimbursement criteria set forth in | ||||||
20 | subsection (c)
below.
| ||||||
21 | (c) Upon the annual approval of the Illinois Community | ||||||
22 | College Board, reimbursement
shall be first provided for | ||||||
23 | transportation, child care services, and other
special needs of | ||||||
24 | the students directly related to instruction and then from the
| ||||||
25 | funds remaining
an amount equal to the product of the total | ||||||
26 | credit hours or units
of instruction approved by the Illinois |
| |||||||
| |||||||
1 | Community College Board, multiplied by the
following:
| ||||||
2 | (1) For adult basic education, the maximum | ||||||
3 | reimbursement per
credit hour
or per unit of instruction | ||||||
4 | shall be equal to (i) through fiscal year 2016, the general | ||||||
5 | state aid per pupil
foundation level established in | ||||||
6 | subsection (B) of Section 18-8.05, divided by
60 , or (ii) | ||||||
7 | in fiscal year 2017 and thereafter, the foundation level | ||||||
8 | established pursuant to subsection (b) of Section 18-8.15 | ||||||
9 | of this Code, divided by 60 ;
| ||||||
10 | (2) The maximum reimbursement per credit hour or per | ||||||
11 | unit of
instruction
in subparagraph (1) above shall be | ||||||
12 | weighted for students enrolled in classes
defined as | ||||||
13 | vocational skills and
approved
by the Illinois Community | ||||||
14 | College Board by
1.25;
| ||||||
15 | (3) The maximum reimbursement per credit hour or per | ||||||
16 | unit of
instruction
in subparagraph (1) above shall be | ||||||
17 | multiplied by .90 for students enrolled in
classes defined | ||||||
18 | as adult
secondary
education programs and approved by the | ||||||
19 | Illinois Community College Board;
| ||||||
20 | (4) (Blank); and
| ||||||
21 | (5) Funding
for program years after 1999-2000 shall be | ||||||
22 | determined by the Illinois
Community College Board.
| ||||||
23 | (d) Upon its annual approval, the Illinois Community | ||||||
24 | College Board
shall provide grants to eligible programs for | ||||||
25 | supplemental
activities to improve or expand services under the | ||||||
26 | Adult Education Act.
Eligible programs shall be determined |
| |||||||
| |||||||
1 | based upon performance outcomes of
students in the programs as | ||||||
2 | set by the Illinois Community College Board.
| ||||||
3 | (e) Reimbursement under this Section shall not exceed
the | ||||||
4 | actual costs of the approved program.
| ||||||
5 | If the amount appropriated to the Illinois Community | ||||||
6 | College Board for
reimbursement under this Section is less than | ||||||
7 | the amount required under
this Act, the apportionment shall
be | ||||||
8 | proportionately reduced.
| ||||||
9 | School districts and community college districts may | ||||||
10 | assess students up
to $3.00 per credit hour, for classes other | ||||||
11 | than Adult Basic Education level
programs, if needed to meet | ||||||
12 | program costs.
| ||||||
13 | (f) An education plan shall be established for each adult | ||||||
14 | or youth
whose
schooling has been interrupted and who is | ||||||
15 | participating in the
instructional programs provided under | ||||||
16 | this Section.
| ||||||
17 | Each school board and community college shall keep an | ||||||
18 | accurate and
detailed account of the
students assigned to and | ||||||
19 | receiving instruction under this Section who
are subject to | ||||||
20 | State reimbursement and shall submit reports of services
| ||||||
21 | provided commencing with fiscal year 1997 as required by the | ||||||
22 | Illinois
Community College Board.
| ||||||
23 | For classes authorized under this Section, a credit hour or | ||||||
24 | unit of
instruction is equal to 15 hours of direct instruction | ||||||
25 | for students
enrolled in approved adult education programs at | ||||||
26 | midterm and making
satisfactory progress, in accordance with |
| |||||||
| |||||||
1 | standards established by the Illinois Community College Board.
| ||||||
2 | (g) Upon proof submitted to the Illinois
Department of | ||||||
3 | Human Services of the payment of all claims submitted under
| ||||||
4 | this Section, that Department shall apply for federal funds | ||||||
5 | made
available therefor and any federal funds so received shall
| ||||||
6 | be paid into the General Revenue Fund in the State Treasury.
| ||||||
7 | School districts or community colleges providing classes | ||||||
8 | under this Section
shall submit applications to the Illinois | ||||||
9 | Community College Board for
preapproval in accordance with the | ||||||
10 | standards established by the Illinois
Community College Board. | ||||||
11 | Payments shall be made by the Illinois Community
College Board | ||||||
12 | based upon approved programs. Interim expenditure reports may
| ||||||
13 | be required by the Illinois Community College Board. Final
| ||||||
14 | claims for the school year shall be submitted to the regional | ||||||
15 | superintendents
for transmittal to the Illinois Community | ||||||
16 | College Board. Final adjusted
payments shall be made by | ||||||
17 | September
30.
| ||||||
18 | If a school district or community college district fails to | ||||||
19 | provide, or
is providing unsatisfactory or insufficient | ||||||
20 | classes under this Section,
the Illinois Community College | ||||||
21 | Board may enter
into agreements with public or
private | ||||||
22 | educational or other agencies other than the public schools for
| ||||||
23 | the establishment of such classes.
| ||||||
24 | (h) If a school district or community college district | ||||||
25 | establishes
child-care
facilities for the children of | ||||||
26 | participants in classes established under
this Section, it may |
| |||||||
| |||||||
1 | extend the use of these facilities to students who
have | ||||||
2 | obtained employment and to other persons in the community whose
| ||||||
3 | children require care and supervision while the parent or other | ||||||
4 | person in
charge of the children is employed or otherwise | ||||||
5 | absent from the home during
all or part of the day. It may make | ||||||
6 | the facilities available before and
after as well as during | ||||||
7 | regular school hours to school age and preschool
age children | ||||||
8 | who may benefit thereby, including children who require care
| ||||||
9 | and supervision pending the return of their parent or other | ||||||
10 | person in
charge of their care from employment or other | ||||||
11 | activity requiring absence
from the home.
| ||||||
12 | The Illinois Community College Board shall
pay to the board | ||||||
13 | the cost of care
in the facilities for any child who is a | ||||||
14 | recipient of financial aid
under the Illinois Public Aid Code.
| ||||||
15 | The board may charge for care of children for whom it | ||||||
16 | cannot make
claim under the provisions of this Section. The | ||||||
17 | charge shall not exceed
per capita cost, and to the extent | ||||||
18 | feasible, shall be fixed at a level
which will permit | ||||||
19 | utilization by employed parents of low or moderate
income. It | ||||||
20 | may also permit any other State or local governmental agency
or | ||||||
21 | private agency providing care for children to purchase care.
| ||||||
22 | After July 1, 1970 when the provisions of Section 10-20.20 | ||||||
23 | become
operative in the district, children in a child-care | ||||||
24 | facility shall be
transferred to the kindergarten established | ||||||
25 | under that Section for such
portion of the day as may be | ||||||
26 | required for the kindergarten program, and
only the prorated |
| |||||||
| |||||||
1 | costs of care and training provided in the Center for
the | ||||||
2 | remaining period shall be charged to the Illinois Department of
| ||||||
3 | Human Services or other persons or agencies paying for such | ||||||
4 | care.
| ||||||
5 | (i) The provisions of this Section shall also apply to | ||||||
6 | school
districts having a population exceeding 500,000.
| ||||||
7 | (j) In addition to claiming reimbursement under this | ||||||
8 | Section, a school
district may claim general State aid under | ||||||
9 | Section 18-8.05 or primary State aid under Section 18-8.15 for | ||||||
10 | any student
under age 21 who is enrolled in courses accepted | ||||||
11 | for graduation from elementary
or high school and who otherwise | ||||||
12 | meets the requirements of Section 18-8.05 or 18-8.15, as | ||||||
13 | applicable .
| ||||||
14 | (Source: P.A. 98-718, eff. 1-1-15 .)
| ||||||
15 | (105 ILCS 5/10-29) | ||||||
16 | Sec. 10-29. Remote educational programs. | ||||||
17 | (a) For purposes of this Section, "remote educational | ||||||
18 | program" means an educational program delivered to students in | ||||||
19 | the home or other location outside of a school building that | ||||||
20 | meets all of the following criteria: | ||||||
21 | (1) A student may participate in the program only after | ||||||
22 | the school district, pursuant to adopted school board | ||||||
23 | policy, and a person authorized to enroll the student under | ||||||
24 | Section 10-20.12b of this Code determine that a remote | ||||||
25 | educational program will best serve the student's |
| |||||||
| |||||||
1 | individual learning needs. The adopted school board policy | ||||||
2 | shall include, but not be limited to, all of the following: | ||||||
3 | (A) Criteria for determining that a remote | ||||||
4 | educational program will best serve a student's | ||||||
5 | individual learning needs. The criteria must include | ||||||
6 | consideration of, at a minimum, a student's prior | ||||||
7 | attendance, disciplinary record, and academic history. | ||||||
8 | (B) Any limitations on the number of students or | ||||||
9 | grade levels that may participate in a remote | ||||||
10 | educational program. | ||||||
11 | (C) A description of the process that the school | ||||||
12 | district will use to approve participation in the | ||||||
13 | remote educational program. The process must include | ||||||
14 | without limitation a requirement that, for any student | ||||||
15 | who qualifies to receive services pursuant to the | ||||||
16 | federal Individuals with Disabilities Education | ||||||
17 | Improvement Act of 2004, the student's participation | ||||||
18 | in a remote educational program receive prior approval | ||||||
19 | from the student's individualized education program | ||||||
20 | team. | ||||||
21 | (D) A description of the process the school | ||||||
22 | district will use to develop and approve a written | ||||||
23 | remote educational plan that meets the requirements of | ||||||
24 | subdivision (5) of this subsection (a). | ||||||
25 | (E) A description of the system the school district | ||||||
26 | will establish to calculate the number of clock hours a |
| |||||||
| |||||||
1 | student is participating in instruction in accordance | ||||||
2 | with the remote educational program. | ||||||
3 | (F) A description of the process for renewing a | ||||||
4 | remote educational program at the expiration of its | ||||||
5 | term. | ||||||
6 | (G) Such other terms and provisions as the school | ||||||
7 | district deems necessary to provide for the | ||||||
8 | establishment and delivery of a remote educational | ||||||
9 | program. | ||||||
10 | (2) The school district has determined that the remote | ||||||
11 | educational program's curriculum is aligned to State | ||||||
12 | learning standards and that the program offers instruction | ||||||
13 | and educational experiences consistent with those given to | ||||||
14 | students at the same grade level in the district. | ||||||
15 | (3) The remote educational program is delivered by | ||||||
16 | instructors that meet the following qualifications: | ||||||
17 | (A) they are certificated under Article 21 of this | ||||||
18 | Code; | ||||||
19 | (B) they meet applicable highly qualified criteria | ||||||
20 | under the federal No Child Left Behind Act of 2001; and | ||||||
21 | (C) they have responsibility for all of the | ||||||
22 | following elements of the program: planning | ||||||
23 | instruction, diagnosing learning needs, prescribing | ||||||
24 | content delivery through class activities, assessing | ||||||
25 | learning, reporting outcomes to administrators and | ||||||
26 | parents and guardians, and evaluating the effects of |
| |||||||
| |||||||
1 | instruction. | ||||||
2 | (4) During the period of time from and including the | ||||||
3 | opening date to the
closing date of the regular school term | ||||||
4 | of the school district established pursuant to Section | ||||||
5 | 10-19 of this Code, participation in a remote educational | ||||||
6 | program may be claimed for general State aid purposes under | ||||||
7 | Section 18-8.05 of this Code or primary State aid purposes | ||||||
8 | under Section 18-8.15 of this Code on any calendar day, | ||||||
9 | notwithstanding whether the day is a day of pupil | ||||||
10 | attendance or institute day on the school district's | ||||||
11 | calendar or any other provision of law restricting | ||||||
12 | instruction on that day. If the district holds year-round | ||||||
13 | classes in some buildings, the district
shall classify each | ||||||
14 | student's participation in a remote educational program as | ||||||
15 | either on a year-round or a non-year-round schedule for | ||||||
16 | purposes of claiming general State aid or primary State | ||||||
17 | aid . Outside of the regular school term of the district, | ||||||
18 | the remote educational program may be offered as part of | ||||||
19 | any summer school program authorized by this Code. | ||||||
20 | (5) Each student participating in a remote educational | ||||||
21 | program must have a written remote educational plan that | ||||||
22 | has been approved by the school district and a person | ||||||
23 | authorized to enroll the student under Section 10-20.12b of | ||||||
24 | this Code. The school district and a person authorized to | ||||||
25 | enroll the student under Section 10-20.12b of this Code | ||||||
26 | must approve any amendment to a remote educational plan. |
| |||||||
| |||||||
1 | The remote educational plan must include, but is not | ||||||
2 | limited to, all of the following: | ||||||
3 | (A) Specific achievement goals for the student | ||||||
4 | aligned to State learning standards. | ||||||
5 | (B) A description of all assessments that will be | ||||||
6 | used to measure student progress, which description | ||||||
7 | shall indicate the assessments that will be | ||||||
8 | administered at an attendance center within the school | ||||||
9 | district. | ||||||
10 | (C) A description of the progress reports that will | ||||||
11 | be provided to the school district and the person or | ||||||
12 | persons authorized to enroll the student under Section | ||||||
13 | 10-20.12b of this Code. | ||||||
14 | (D) Expectations, processes, and schedules for | ||||||
15 | interaction between a teacher and student. | ||||||
16 | (E) A description of the specific responsibilities | ||||||
17 | of the student's family and the school district with | ||||||
18 | respect to equipment, materials, phone and Internet | ||||||
19 | service, and any other requirements applicable to the | ||||||
20 | home or other location outside of a school building | ||||||
21 | necessary for the delivery of the remote educational | ||||||
22 | program. | ||||||
23 | (F) If applicable, a description of how the remote | ||||||
24 | educational program will be delivered in a manner | ||||||
25 | consistent with the student's individualized education | ||||||
26 | program required by Section 614(d) of the federal |
| |||||||
| |||||||
1 | Individuals with Disabilities Education Improvement | ||||||
2 | Act of 2004 or plan to ensure compliance with Section | ||||||
3 | 504 of the federal Rehabilitation Act of 1973. | ||||||
4 | (G) A description of the procedures and | ||||||
5 | opportunities for participation in academic and | ||||||
6 | extra-curricular activities and programs within the | ||||||
7 | school district. | ||||||
8 | (H) The identification of a parent, guardian, or | ||||||
9 | other responsible adult who will provide direct | ||||||
10 | supervision of the program. The plan must include an | ||||||
11 | acknowledgment by the parent, guardian, or other | ||||||
12 | responsible adult that he or she may engage only in | ||||||
13 | non-teaching duties not requiring instructional | ||||||
14 | judgment or the evaluation of a student. The plan shall | ||||||
15 | designate the parent, guardian, or other responsible | ||||||
16 | adult as non-teaching personnel or volunteer personnel | ||||||
17 | under subsection (a) of Section 10-22.34 of this Code. | ||||||
18 | (I) The identification of a school district | ||||||
19 | administrator who will oversee the remote educational | ||||||
20 | program on behalf of the school district and who may be | ||||||
21 | contacted by the student's parents with respect to any | ||||||
22 | issues or concerns with the program. | ||||||
23 | (J) The term of the student's participation in the | ||||||
24 | remote educational program, which may not extend for | ||||||
25 | longer than 12 months, unless the term is renewed by | ||||||
26 | the district in accordance with subdivision (7) of this |
| |||||||
| |||||||
1 | subsection (a). | ||||||
2 | (K) A description of the specific location or | ||||||
3 | locations in which the program will be delivered. If | ||||||
4 | the remote educational program is to be delivered to a | ||||||
5 | student in any location other than the student's home, | ||||||
6 | the plan must include a written determination by the | ||||||
7 | school district that the location will provide a | ||||||
8 | learning environment appropriate for the delivery of | ||||||
9 | the program. The location or locations in which the | ||||||
10 | program will be delivered shall be deemed a long | ||||||
11 | distance teaching reception area under subsection (a) | ||||||
12 | of Section 10-22.34 of this Code. | ||||||
13 | (L) Certification by the school district that the | ||||||
14 | plan meets all other requirements of this Section. | ||||||
15 | (6) Students participating in a remote educational | ||||||
16 | program must be enrolled in a school district attendance | ||||||
17 | center pursuant to the school district's enrollment policy | ||||||
18 | or policies. A student participating in a remote | ||||||
19 | educational program must be tested as part of all | ||||||
20 | assessments administered by the school district pursuant | ||||||
21 | to Section 2-3.64a-5 of this Code at the attendance center | ||||||
22 | in which the student is enrolled and in accordance with the | ||||||
23 | attendance center's assessment policies and schedule. The | ||||||
24 | student must be included within all accountability | ||||||
25 | determinations for the school district and attendance | ||||||
26 | center under State and federal law. |
| |||||||
| |||||||
1 | (7) The term of a student's participation in a remote | ||||||
2 | educational program may not extend for longer than 12 | ||||||
3 | months, unless the term is renewed by the school district. | ||||||
4 | The district may only renew a student's participation in a | ||||||
5 | remote educational program following an evaluation of the | ||||||
6 | student's progress in the program, a determination that the | ||||||
7 | student's continuation in the program will best serve the | ||||||
8 | student's individual learning needs, and an amendment to | ||||||
9 | the student's written remote educational plan addressing | ||||||
10 | any changes for the upcoming term of the program. | ||||||
11 | For purposes of this Section, a remote educational program | ||||||
12 | does not include instruction delivered to students through an | ||||||
13 | e-learning program approved under Section 10-20.56 of this | ||||||
14 | Code. | ||||||
15 | (b) A school district may, by resolution of its school | ||||||
16 | board, establish a remote educational program. | ||||||
17 | (c) Clock hours of instruction by students in a remote | ||||||
18 | educational program meeting the requirements of this Section | ||||||
19 | may be claimed by the school district and shall be counted as | ||||||
20 | school work for general State aid purposes in accordance with | ||||||
21 | and subject to the limitations of Section 18-8.05 of this Code | ||||||
22 | or primary State aid purposes in accordance with and subject to | ||||||
23 | the limitations of Section 18-8.15 of this Code . | ||||||
24 | (d) The impact of remote educational programs on wages, | ||||||
25 | hours, and terms and conditions of employment of educational | ||||||
26 | employees within the school district shall be subject to local |
| |||||||
| |||||||
1 | collective bargaining agreements. | ||||||
2 | (e) The use of a home or other location outside of a school | ||||||
3 | building for a remote educational program shall not cause the | ||||||
4 | home or other location to be deemed a public school facility. | ||||||
5 | (f) A remote educational program may be used, but is not | ||||||
6 | required, for instruction delivered to a student in the home or | ||||||
7 | other location outside of a school building that is not claimed | ||||||
8 | for general State aid purposes under Section 18-8.05 of this | ||||||
9 | Code or primary State aid purposes under Section 18-8.15 of | ||||||
10 | this Code . | ||||||
11 | (g) School districts that, pursuant to this Section, adopt | ||||||
12 | a policy for a remote educational program must submit to the | ||||||
13 | State Board of Education a copy of the policy and any | ||||||
14 | amendments thereto, as well as data on student participation in | ||||||
15 | a format specified by the State Board of Education. The State | ||||||
16 | Board of Education may perform or contract with an outside | ||||||
17 | entity to perform an evaluation of remote educational programs | ||||||
18 | in this State. | ||||||
19 | (h) The State Board of Education may adopt any rules | ||||||
20 | necessary to ensure compliance by remote educational programs | ||||||
21 | with the requirements of this Section and other applicable | ||||||
22 | legal requirements.
| ||||||
23 | (Source: P.A. 98-972, eff. 8-15-14; 99-193, eff. 7-30-15; | ||||||
24 | 99-194, eff. 7-30-15; revised 10-9-15.) | ||||||
25 | (105 ILCS 5/11E-135) |
| |||||||
| |||||||
1 | Sec. 11E-135. Incentives. For districts reorganizing under | ||||||
2 | this Article and for a district or districts that annex all of | ||||||
3 | the territory of one or more entire other school districts in | ||||||
4 | accordance with Article 7 of this Code, the following payments | ||||||
5 | shall be made from appropriations made for these purposes: | ||||||
6 | (a)(1) For a combined school district, as defined in | ||||||
7 | Section 11E-20 of this Code, or for a unit district, as defined | ||||||
8 | in Section 11E-25 of this Code, for its first year of | ||||||
9 | existence, the general State aid and supplemental general State | ||||||
10 | aid calculated under Section 18-8.05 of this Code or the | ||||||
11 | primary State aid and supplemental grants calculated under | ||||||
12 | Section 18-8.15 of this Code, as applicable, shall be computed | ||||||
13 | for the new district and for the previously existing districts | ||||||
14 | for which property is totally included within the new district. | ||||||
15 | If the computation on the basis of the previously existing | ||||||
16 | districts is greater, a supplementary payment equal to the | ||||||
17 | difference shall be made for the first 4 years of existence of | ||||||
18 | the new district. | ||||||
19 | (2) For a school district that annexes all of the territory | ||||||
20 | of one or more entire other school districts as defined in | ||||||
21 | Article 7 of this Code, for the first year during which the | ||||||
22 | change of boundaries attributable to the annexation becomes | ||||||
23 | effective for all purposes, as determined under Section 7-9 of | ||||||
24 | this Code, the general State aid and supplemental general State | ||||||
25 | aid calculated under Section 18-8.05 of this Code or the | ||||||
26 | primary State aid and supplemental grants calculated under |
| |||||||
| |||||||
1 | Section 18-8.15 of this Code, as applicable, shall be computed | ||||||
2 | for the annexing district as constituted after the annexation | ||||||
3 | and for the annexing and each annexed district as constituted | ||||||
4 | prior to the annexation; and if the computation on the basis of | ||||||
5 | the annexing and annexed districts as constituted prior to the | ||||||
6 | annexation is greater, then a supplementary payment equal to | ||||||
7 | the difference shall be made for the first 4 years of existence | ||||||
8 | of the annexing school district as constituted upon the | ||||||
9 | annexation. | ||||||
10 | (3) For 2 or more school districts that annex all of the | ||||||
11 | territory of one or more entire other school districts, as | ||||||
12 | defined in Article 7 of this Code, for the first year during | ||||||
13 | which the change of boundaries attributable to the annexation | ||||||
14 | becomes effective for all purposes, as determined under Section | ||||||
15 | 7-9 of this Code, the general State aid and supplemental | ||||||
16 | general State aid calculated under Section 18-8.05 of this Code | ||||||
17 | or the primary State aid and supplemental grants calculated | ||||||
18 | under Section 18-8.15 of this Code, as applicable, shall be | ||||||
19 | computed for each annexing district as constituted after the | ||||||
20 | annexation and for each annexing and annexed district as | ||||||
21 | constituted prior to the annexation; and if the aggregate of | ||||||
22 | the general State aid and supplemental general State aid or | ||||||
23 | primary State aid and supplemental grants, as applicable, as so | ||||||
24 | computed for the annexing districts as constituted after the | ||||||
25 | annexation is less than the aggregate of the general State aid | ||||||
26 | and supplemental general State aid or primary State aid and |
| |||||||
| |||||||
1 | supplemental grants, as applicable, as so computed for the | ||||||
2 | annexing and annexed districts, as constituted prior to the | ||||||
3 | annexation, then a supplementary payment equal to the | ||||||
4 | difference shall be made and allocated between or among the | ||||||
5 | annexing districts, as constituted upon the annexation, for the | ||||||
6 | first 4 years of their existence. The total difference payment | ||||||
7 | shall be allocated between or among the annexing districts in | ||||||
8 | the same ratio as the pupil enrollment from that portion of the | ||||||
9 | annexed district or districts that is annexed to each annexing | ||||||
10 | district bears to the total pupil enrollment from the entire | ||||||
11 | annexed district or districts, as such pupil enrollment is | ||||||
12 | determined for the school year last ending prior to the date | ||||||
13 | when the change of boundaries attributable to the annexation | ||||||
14 | becomes effective for all purposes. The amount of the total | ||||||
15 | difference payment and the amount thereof to be allocated to | ||||||
16 | the annexing districts shall be computed by the State Board of | ||||||
17 | Education on the basis of pupil enrollment and other data that | ||||||
18 | shall be certified to the State Board of Education, on forms | ||||||
19 | that it shall provide for that purpose, by the regional | ||||||
20 | superintendent of schools for each educational service region | ||||||
21 | in which the annexing and annexed districts are located. | ||||||
22 | (4) For a school district conversion, as defined in Section | ||||||
23 | 11E-15 of this Code, or a multi-unit conversion, as defined in | ||||||
24 | subsection (b) of Section 11E-30 of this Code, if in their | ||||||
25 | first year of existence the newly created elementary districts | ||||||
26 | and the newly created high school district, from a school |
| |||||||
| |||||||
1 | district conversion, or the newly created elementary district | ||||||
2 | or districts and newly created combined high school - unit | ||||||
3 | district, from a multi-unit conversion, qualify for less | ||||||
4 | general State aid under Section 18-8.05 of this Code or primary | ||||||
5 | State aid under Section 18-8.15 of this Code than would have | ||||||
6 | been payable under Section 18-8.05 or 18-8.15, as applicable, | ||||||
7 | for that same year to the previously existing districts, then a | ||||||
8 | supplementary payment equal to that difference shall be made | ||||||
9 | for the first 4 years of existence of the newly created | ||||||
10 | districts. The aggregate amount of each supplementary payment | ||||||
11 | shall be allocated among the newly created districts in the | ||||||
12 | proportion that the deemed pupil enrollment in each district | ||||||
13 | during its first year of existence bears to the actual | ||||||
14 | aggregate pupil enrollment in all of the districts during their | ||||||
15 | first year of existence. For purposes of each allocation: | ||||||
16 | (A) the deemed pupil enrollment of the newly created | ||||||
17 | high school district from a school district conversion | ||||||
18 | shall be an amount equal to its actual pupil enrollment for | ||||||
19 | its first year of existence multiplied by 1.25; | ||||||
20 | (B) the deemed pupil enrollment of each newly created | ||||||
21 | elementary district from a school district conversion | ||||||
22 | shall be an amount equal to its actual pupil enrollment for | ||||||
23 | its first year of existence reduced by an amount equal to | ||||||
24 | the product obtained when the amount by which the newly | ||||||
25 | created high school district's deemed pupil enrollment | ||||||
26 | exceeds its actual pupil enrollment for its first year of |
| |||||||
| |||||||
1 | existence is multiplied by a fraction, the numerator of | ||||||
2 | which is the actual pupil enrollment of the newly created | ||||||
3 | elementary district for its first year of existence and the | ||||||
4 | denominator of which is the actual aggregate pupil | ||||||
5 | enrollment of all of the newly created elementary districts | ||||||
6 | for their first year of existence; | ||||||
7 | (C) the deemed high school pupil enrollment of the | ||||||
8 | newly created combined high school - unit district from a | ||||||
9 | multi-unit conversion shall be an amount equal to its | ||||||
10 | actual grades 9 through 12 pupil enrollment for its first | ||||||
11 | year of existence multiplied by 1.25; and | ||||||
12 | (D) the deemed elementary pupil enrollment of each | ||||||
13 | newly created district from a multi-unit conversion shall | ||||||
14 | be an amount equal to each district's actual grade K | ||||||
15 | through 8 pupil enrollment for its first year of existence, | ||||||
16 | reduced by an amount equal to the product obtained when the | ||||||
17 | amount by which the newly created combined high school - | ||||||
18 | unit district's deemed high school pupil enrollment | ||||||
19 | exceeds its actual grade 9 through 12 pupil enrollment for | ||||||
20 | its first year of existence is multiplied by a fraction, | ||||||
21 | the numerator of which is the actual grade K through 8 | ||||||
22 | pupil enrollment of each newly created district for its | ||||||
23 | first year of existence and the denominator of which is the | ||||||
24 | actual aggregate grade K through 8 pupil enrollment of all | ||||||
25 | such newly created districts for their first year of | ||||||
26 | existence. |
| |||||||
| |||||||
1 |
The aggregate amount of each supplementary payment under | ||||||
2 | this subdivision (4) and the amount thereof to be allocated to | ||||||
3 | the newly created districts shall be computed by the State | ||||||
4 | Board of Education on the basis of pupil enrollment and other | ||||||
5 | data, which shall be certified to the State Board of Education, | ||||||
6 | on forms that it shall provide for that purpose, by the | ||||||
7 | regional superintendent of schools for each educational | ||||||
8 | service region in which the newly created districts are | ||||||
9 | located.
| ||||||
10 | (5) For a partial elementary unit district, as defined in | ||||||
11 | subsection (a) or (c) of Section 11E-30 of this Code, if, in | ||||||
12 | the first year of existence, the newly created partial | ||||||
13 | elementary unit district qualifies for less general State aid | ||||||
14 | and supplemental general State aid under Section 18-8.05 of | ||||||
15 | this Code or less primary State aid and supplemental grants | ||||||
16 | under Section 18-8.15 of this Code, as applicable, than would | ||||||
17 | have been payable under those Sections that Section for that | ||||||
18 | same year to the previously existing districts that formed the | ||||||
19 | partial elementary unit district, then a supplementary payment | ||||||
20 | equal to that difference shall be made to the partial | ||||||
21 | elementary unit district for the first 4 years of existence of | ||||||
22 | that newly created district. | ||||||
23 | (6) For an elementary opt-in, as described in subsection | ||||||
24 | (d) of Section 11E-30 of this Code, the general State aid or | ||||||
25 | primary State aid difference shall be computed in accordance | ||||||
26 | with paragraph (5) of this subsection (a) as if the elementary |
| |||||||
| |||||||
1 | opt-in was included in an optional elementary unit district at | ||||||
2 | the optional elementary unit district's original effective | ||||||
3 | date. If the calculation in this paragraph (6) is less than | ||||||
4 | that calculated in paragraph (5) of this subsection (a) at the | ||||||
5 | optional elementary unit district's original effective date, | ||||||
6 | then no adjustments may be made. If the calculation in this | ||||||
7 | paragraph (6) is more than that calculated in paragraph (5) of | ||||||
8 | this subsection (a) at the optional elementary unit district's | ||||||
9 | original effective date, then the excess must be paid as | ||||||
10 | follows: | ||||||
11 | (A) If the effective date for the elementary opt-in is | ||||||
12 | one year after the effective date for the optional | ||||||
13 | elementary unit district, 100% of the calculated excess | ||||||
14 | shall be paid to the optional elementary unit district in | ||||||
15 | each of the first 4 years after the effective date of the | ||||||
16 | elementary opt-in. | ||||||
17 | (B) If the effective date for the elementary opt-in is | ||||||
18 | 2 years after the effective date for the optional | ||||||
19 | elementary unit district, 75% of the calculated excess | ||||||
20 | shall be paid to the optional elementary unit district in | ||||||
21 | each of the first 4 years after the effective date of the | ||||||
22 | elementary opt-in. | ||||||
23 | (C) If the effective date for the elementary opt-in is | ||||||
24 | 3 years after the effective date for the optional | ||||||
25 | elementary unit district, 50% of the calculated excess | ||||||
26 | shall be paid to the optional elementary unit district in |
| |||||||
| |||||||
1 | each of the first 4 years after the effective date of the | ||||||
2 | elementary opt-in. | ||||||
3 | (D) If the effective date for the elementary opt-in is | ||||||
4 | 4 years after the effective date for the optional | ||||||
5 | elementary unit district, 25% of the calculated excess | ||||||
6 | shall be paid to the optional elementary unit district in | ||||||
7 | each of the first 4 years after the effective date of the | ||||||
8 | elementary opt-in. | ||||||
9 | (E) If the effective date for the elementary opt-in is | ||||||
10 | 5 years after the effective date for the optional | ||||||
11 | elementary unit district, the optional elementary unit | ||||||
12 | district is not eligible for any additional incentives due | ||||||
13 | to the elementary opt-in. | ||||||
14 | (6.5) For a school district that annexes territory detached | ||||||
15 | from another school district whereby the enrollment of the | ||||||
16 | annexing district increases by 90% or more as a result of the | ||||||
17 | annexation, for the first year during which the change of | ||||||
18 | boundaries attributable to the annexation becomes effective | ||||||
19 | for all purposes as determined under Section 7-9 of this Code, | ||||||
20 | the general State aid and supplemental general State aid or | ||||||
21 | primary State aid and supplemental grants, as applicable, | ||||||
22 | calculated under this Section shall be computed for the | ||||||
23 | district gaining territory and the district losing territory as | ||||||
24 | constituted after the annexation and for the same districts as | ||||||
25 | constituted prior to the annexation; and if the aggregate of | ||||||
26 | the general State aid and supplemental general State aid or |
| |||||||
| |||||||
1 | primary State aid and supplemental grants, as applicable, as so | ||||||
2 | computed for the district gaining territory and the district | ||||||
3 | losing territory as constituted after the annexation is less | ||||||
4 | than the aggregate of the general State aid and supplemental | ||||||
5 | general State aid or primary State aid and supplemental grants, | ||||||
6 | as applicable, as so computed for the district gaining | ||||||
7 | territory and the district losing territory as constituted | ||||||
8 | prior to the annexation, then a supplementary payment shall be | ||||||
9 | made to the annexing district for the first 4 years of | ||||||
10 | existence after the annexation, equal to the difference | ||||||
11 | multiplied by the ratio of student enrollment in the territory | ||||||
12 | detached to the total student enrollment in the district losing | ||||||
13 | territory for the year prior to the effective date of the | ||||||
14 | annexation. The amount of the total difference and the | ||||||
15 | proportion paid to the annexing district shall be computed by | ||||||
16 | the State Board of Education on the basis of pupil enrollment | ||||||
17 | and other data that must be submitted to the State Board of | ||||||
18 | Education in accordance with Section 7-14A of this Code. The | ||||||
19 | changes to this Section made by Public Act 95-707
are intended | ||||||
20 | to be retroactive and applicable to any annexation taking | ||||||
21 | effect on or after July 1, 2004. For annexations that are | ||||||
22 | eligible for payments under this paragraph (6.5) and that are | ||||||
23 | effective on or after July 1, 2004, but before January 11, 2008 | ||||||
24 | (the effective date of Public Act 95-707), the first required | ||||||
25 | yearly payment under this paragraph (6.5) shall be paid in the | ||||||
26 | fiscal year of January 11, 2008 (the effective date of Public |
| |||||||
| |||||||
1 | Act 95-707). Subsequent required yearly payments shall be paid | ||||||
2 | in subsequent fiscal years until the payment obligation under | ||||||
3 | this paragraph (6.5) is complete. | ||||||
4 | (7) Claims for financial assistance under this subsection | ||||||
5 | (a) may not be recomputed except as expressly provided under | ||||||
6 | Section 18-8.05 or 18-8.15 of this Code. | ||||||
7 | (8) Any supplementary payment made under this subsection | ||||||
8 | (a) must be treated as separate from all other payments made | ||||||
9 | pursuant to Section 18-8.05 or 18-8.15 of this Code. | ||||||
10 | (b)(1) After the formation of a combined school district, | ||||||
11 | as defined in Section 11E-20 of this Code, or a unit district, | ||||||
12 | as defined in Section 11E-25 of this Code, a computation shall | ||||||
13 | be made to determine the difference between the salaries | ||||||
14 | effective in each of the previously existing districts on June | ||||||
15 | 30, prior to the creation of the new district. For the first 4 | ||||||
16 | years after the formation of the new district, a supplementary | ||||||
17 | State aid reimbursement shall be paid to the new district equal | ||||||
18 | to the difference between the sum of the salaries earned by | ||||||
19 | each of the certificated members of the new district, while | ||||||
20 | employed in one of the previously existing districts during the | ||||||
21 | year immediately preceding the formation of the new district, | ||||||
22 | and the sum of the salaries those certificated members would | ||||||
23 | have been paid during the year immediately prior to the | ||||||
24 | formation of the new district if placed on the salary schedule | ||||||
25 | of the previously existing district with the highest salary | ||||||
26 | schedule. |
| |||||||
| |||||||
1 | (2) After the territory of one or more school districts is | ||||||
2 | annexed by one or more other school districts as defined in | ||||||
3 | Article 7 of this Code, a computation shall be made to | ||||||
4 | determine the difference between the salaries effective in each | ||||||
5 | annexed district and in the annexing district or districts as | ||||||
6 | they were each constituted on June 30 preceding the date when | ||||||
7 | the change of boundaries attributable to the annexation became | ||||||
8 | effective for all purposes, as determined under Section 7-9 of | ||||||
9 | this Code. For the first 4 years after the annexation, a | ||||||
10 | supplementary State aid reimbursement shall be paid to each | ||||||
11 | annexing district as constituted after the annexation equal to | ||||||
12 | the difference between the sum of the salaries earned by each | ||||||
13 | of the certificated members of the annexing district as | ||||||
14 | constituted after the annexation, while employed in an annexed | ||||||
15 | or annexing district during the year immediately preceding the | ||||||
16 | annexation, and the sum of the salaries those certificated | ||||||
17 | members would have been paid during the immediately preceding | ||||||
18 | year if placed on the salary schedule of whichever of the | ||||||
19 | annexing or annexed districts had the highest salary schedule | ||||||
20 | during the immediately preceding year. | ||||||
21 | (3) For each new high school district formed under a school | ||||||
22 | district conversion, as defined in Section 11E-15 of this Code, | ||||||
23 | the State shall make a supplementary payment for 4 years equal | ||||||
24 | to the difference between the sum of the salaries earned by | ||||||
25 | each certified member of the new high school district, while | ||||||
26 | employed in one of the previously existing districts, and the |
| |||||||
| |||||||
1 | sum of the salaries those certified members would have been | ||||||
2 | paid if placed on the salary schedule of the previously | ||||||
3 | existing district with the highest salary schedule. | ||||||
4 | (4) For each newly created partial elementary unit | ||||||
5 | district, the State shall make a supplementary payment for 4 | ||||||
6 | years equal to the difference between the sum of the salaries | ||||||
7 | earned by each certified member of the newly created partial | ||||||
8 | elementary unit district, while employed in one of the | ||||||
9 | previously existing districts that formed the partial | ||||||
10 | elementary unit district, and the sum of the salaries those | ||||||
11 | certified members would have been paid if placed on the salary | ||||||
12 | schedule of the previously existing district with the highest | ||||||
13 | salary schedule. The salary schedules used in the calculation | ||||||
14 | shall be those in effect in the previously existing districts | ||||||
15 | for the school year prior to the creation of the new partial | ||||||
16 | elementary unit district. | ||||||
17 | (5) For an elementary district opt-in, as described in | ||||||
18 | subsection (d) of Section 11E-30 of this Code, the salary | ||||||
19 | difference incentive shall be computed in accordance with | ||||||
20 | paragraph (4) of this subsection (b) as if the opted-in | ||||||
21 | elementary district was included in the optional elementary | ||||||
22 | unit district at the optional elementary unit district's | ||||||
23 | original effective date. If the calculation in this paragraph | ||||||
24 | (5) is less than that calculated in paragraph (4) of this | ||||||
25 | subsection (b) at the optional elementary unit district's | ||||||
26 | original effective date, then no adjustments may be made. If |
| |||||||
| |||||||
1 | the calculation in this paragraph (5) is more than that | ||||||
2 | calculated in paragraph (4) of this subsection (b) at the | ||||||
3 | optional elementary unit district's original effective date, | ||||||
4 | then the excess must be paid as follows: | ||||||
5 | (A) If the effective date for the elementary opt-in is | ||||||
6 | one year after the effective date for the optional | ||||||
7 | elementary unit district, 100% of the calculated excess | ||||||
8 | shall be paid to the optional elementary unit district in | ||||||
9 | each of the first 4 years after the effective date of the | ||||||
10 | elementary opt-in. | ||||||
11 | (B) If the effective date for the elementary opt-in is | ||||||
12 | 2 years after the effective date for the optional | ||||||
13 | elementary unit district, 75% of the calculated excess | ||||||
14 | shall be paid to the optional elementary unit district in | ||||||
15 | each of the first 4 years after the effective date of the | ||||||
16 | elementary opt-in. | ||||||
17 | (C) If the effective date for the elementary opt-in is | ||||||
18 | 3 years after the effective date for the optional | ||||||
19 | elementary unit district, 50% of the calculated excess | ||||||
20 | shall be paid to the optional elementary unit district in | ||||||
21 | each of the first 4 years after the effective date of the | ||||||
22 | elementary opt-in. | ||||||
23 | (D) If the effective date for the elementary opt-in is | ||||||
24 | 4 years after the effective date for the partial elementary | ||||||
25 | unit district, 25% of the calculated excess shall be paid | ||||||
26 | to the optional elementary unit district in each of the |
| |||||||
| |||||||
1 | first 4 years after the effective date of the elementary | ||||||
2 | opt-in. | ||||||
3 | (E) If the effective date for the elementary opt-in is | ||||||
4 | 5 years after the effective date for the optional | ||||||
5 | elementary unit district, the optional elementary unit | ||||||
6 | district is not eligible for any additional incentives due | ||||||
7 | to the elementary opt-in. | ||||||
8 | (5.5) After the formation of a cooperative high school by 2 | ||||||
9 | or more school districts under Section 10-22.22c of this Code, | ||||||
10 | a computation shall be made to determine the difference between | ||||||
11 | the salaries effective in each of the previously existing high | ||||||
12 | schools on June 30 prior to the formation of the cooperative | ||||||
13 | high school. For the first 4 years after the formation of the | ||||||
14 | cooperative high school, a supplementary State aid | ||||||
15 | reimbursement shall be paid to the cooperative high school | ||||||
16 | equal to the difference between the sum of the salaries earned | ||||||
17 | by each of the certificated members of the cooperative high | ||||||
18 | school while employed in one of the previously existing high | ||||||
19 | schools during the year immediately preceding the formation of | ||||||
20 | the cooperative high school and the sum of the salaries those | ||||||
21 | certificated members would have been paid during the year | ||||||
22 | immediately prior to the formation of the cooperative high | ||||||
23 | school if placed on the salary schedule of the previously | ||||||
24 | existing high school with the highest salary schedule. | ||||||
25 | (5.10) After the annexation of territory detached from
| ||||||
26 | another school district whereby the enrollment of the annexing
|
| |||||||
| |||||||
1 | district increases by 90% or more as a result of the
| ||||||
2 | annexation, a computation shall be made to determine the
| ||||||
3 | difference between the salaries effective in the district
| ||||||
4 | gaining territory and the district losing territory as they
| ||||||
5 | each were constituted on June 30 preceding the date when the
| ||||||
6 | change of boundaries attributable to the annexation became
| ||||||
7 | effective for all purposes as determined under Section 7-9 of
| ||||||
8 | this Code. For the first 4 years after the annexation, a
| ||||||
9 | supplementary State aid reimbursement shall be paid to the
| ||||||
10 | annexing district equal to the difference between the sum of
| ||||||
11 | the salaries earned by each of the certificated members of the
| ||||||
12 | annexing district as constituted after the annexation while
| ||||||
13 | employed in the district gaining territory or the district
| ||||||
14 | losing territory during the year immediately preceding the
| ||||||
15 | annexation and the sum of the salaries those certificated
| ||||||
16 | members would have been paid during such immediately preceding
| ||||||
17 | year if placed on the salary schedule of whichever of the
| ||||||
18 | district gaining territory or district losing territory had the
| ||||||
19 | highest salary schedule during the immediately preceding year.
| ||||||
20 | To be eligible for supplementary State aid reimbursement under
| ||||||
21 | this Section, the intergovernmental agreement to be submitted
| ||||||
22 | pursuant to Section 7-14A of this Code must show that staff
| ||||||
23 | members were transferred from the control of the district
| ||||||
24 | losing territory to the control of the district gaining
| ||||||
25 | territory in the annexation. The changes to this Section made
| ||||||
26 | by Public Act 95-707
are
intended to be retroactive and |
| |||||||
| |||||||
1 | applicable to any annexation
taking effect on or after July 1, | ||||||
2 | 2004. For annexations that are eligible for payments under this | ||||||
3 | paragraph (5.10) and that are effective on or after July 1, | ||||||
4 | 2004, but before January 11, 2008 (the effective date of Public | ||||||
5 | Act 95-707), the first required yearly payment under this | ||||||
6 | paragraph (5.10) shall be paid in the fiscal year of January | ||||||
7 | 11, 2008 (the effective date of Public Act 95-707). Subsequent | ||||||
8 | required yearly payments shall be paid in subsequent fiscal | ||||||
9 | years until the payment obligation under this paragraph (5.10) | ||||||
10 | is complete.
| ||||||
11 | (5.15)
After the deactivation of a school facility in | ||||||
12 | accordance with Section 10-22.22b of this Code, a computation | ||||||
13 | shall be made to determine the difference between the salaries | ||||||
14 | effective in the sending school district and each receiving | ||||||
15 | school district on June 30 prior to the deactivation of the | ||||||
16 | school facility. For the lesser of the first 4 years after the | ||||||
17 | deactivation of the school facility or the length of the | ||||||
18 | deactivation agreement, including any renewals of the original | ||||||
19 | deactivation agreement, a supplementary State aid | ||||||
20 | reimbursement shall be paid to each receiving district equal to | ||||||
21 | the difference between the sum of the salaries earned by each | ||||||
22 | of the certificated members transferred to that receiving | ||||||
23 | district as a result of the deactivation while employed in the | ||||||
24 | sending district during the year immediately preceding the | ||||||
25 | deactivation and the sum of the salaries those certificated | ||||||
26 | members would have been paid during the year immediately |
| |||||||
| |||||||
1 | preceding the deactivation if placed on the salary schedule of | ||||||
2 | the sending or receiving district with the highest salary | ||||||
3 | schedule. | ||||||
4 | (6) The supplementary State aid reimbursement under this | ||||||
5 | subsection (b) shall be treated as separate from all other | ||||||
6 | payments made pursuant to Section 18-8.05 of this Code. In the | ||||||
7 | case of the formation of a new district or cooperative high | ||||||
8 | school or a deactivation, reimbursement shall begin during the | ||||||
9 | first year of operation of the new district or cooperative high | ||||||
10 | school or the first year of the deactivation, and in the case | ||||||
11 | of an annexation of the territory of one or more school | ||||||
12 | districts by one or more other school districts or the | ||||||
13 | annexation of territory detached from a school district whereby
| ||||||
14 | the enrollment of the annexing district increases by 90% or
| ||||||
15 | more as a result of the annexation, reimbursement shall begin | ||||||
16 | during the first year when the change in boundaries | ||||||
17 | attributable to the annexation becomes effective for all | ||||||
18 | purposes as determined pursuant to Section 7-9 of this Code, | ||||||
19 | except that for an annexation of territory detached from a | ||||||
20 | school district that is effective on or after July 1, 2004, but | ||||||
21 | before January 11, 2008 (the effective date of Public Act | ||||||
22 | 95-707), whereby the enrollment of the annexing district | ||||||
23 | increases by 90% or more as a result of the annexation, | ||||||
24 | reimbursement shall begin during the fiscal year of January 11, | ||||||
25 | 2008 (the effective date of Public Act 95-707). Each year that | ||||||
26 | the new, annexing, or receiving district or cooperative high |
| |||||||
| |||||||
1 | school, as the case may be, is entitled to receive | ||||||
2 | reimbursement, the number of eligible certified members who are | ||||||
3 | employed on October 1 in the district or cooperative high | ||||||
4 | school shall be certified to the State Board of Education on | ||||||
5 | prescribed forms by October 15 and payment shall be made on or | ||||||
6 | before November 15 of that year. | ||||||
7 | (c)(1) For the first year after the formation of a combined | ||||||
8 | school district, as defined in Section 11E-20 of this Code or a | ||||||
9 | unit district, as defined in Section 11E-25 of this Code, a | ||||||
10 | computation shall be made totaling each previously existing | ||||||
11 | district's audited fund balances in the educational fund, | ||||||
12 | working cash fund, operations and maintenance fund, and | ||||||
13 | transportation fund for the year ending June 30 prior to the | ||||||
14 | referendum for the creation of the new district. The new | ||||||
15 | district shall be paid supplementary State aid equal to the sum | ||||||
16 | of the differences between the deficit of the previously | ||||||
17 | existing district with the smallest deficit and the deficits of | ||||||
18 | each of the other previously existing districts. | ||||||
19 | (2) For the first year after the annexation of all of the | ||||||
20 | territory of one or more entire school districts by another | ||||||
21 | school district, as defined in Article 7 of this Code, | ||||||
22 | computations shall be made, for the year ending June 30 prior | ||||||
23 | to the date that the change of boundaries attributable to the | ||||||
24 | annexation is allowed by the affirmative decision issued by the | ||||||
25 | regional board of school trustees under Section 7-6 of this | ||||||
26 | Code, notwithstanding any effort to seek administrative review |
| |||||||
| |||||||
1 | of the decision, totaling the annexing district's and totaling | ||||||
2 | each annexed district's audited fund balances in their | ||||||
3 | respective educational, working cash, operations and | ||||||
4 | maintenance, and transportation funds. The annexing district | ||||||
5 | as constituted after the annexation shall be paid supplementary | ||||||
6 | State aid equal to the sum of the differences between the | ||||||
7 | deficit of whichever of the annexing or annexed districts as | ||||||
8 | constituted prior to the annexation had the smallest deficit | ||||||
9 | and the deficits of each of the other districts as constituted | ||||||
10 | prior to the annexation. | ||||||
11 | (3) For the first year after the annexation of all of the | ||||||
12 | territory of one or more entire school districts by 2 or more | ||||||
13 | other school districts, as defined by Article 7 of this Code, | ||||||
14 | computations shall be made, for the year ending June 30 prior | ||||||
15 | to the date that the change of boundaries attributable to the | ||||||
16 | annexation is allowed by the affirmative decision of the | ||||||
17 | regional board of school trustees under Section 7-6 of this | ||||||
18 | Code, notwithstanding any action for administrative review of | ||||||
19 | the decision, totaling each annexing and annexed district's | ||||||
20 | audited fund balances in their respective educational, working | ||||||
21 | cash, operations and maintenance, and transportation funds. | ||||||
22 | The annexing districts as constituted after the annexation | ||||||
23 | shall be paid supplementary State aid, allocated as provided in | ||||||
24 | this paragraph (3), in an aggregate amount equal to the sum of | ||||||
25 | the differences between the deficit of whichever of the | ||||||
26 | annexing or annexed districts as constituted prior to the |
| |||||||
| |||||||
1 | annexation had the smallest deficit and the deficits of each of | ||||||
2 | the other districts as constituted prior to the annexation. The | ||||||
3 | aggregate amount of the supplementary State aid payable under | ||||||
4 | this paragraph (3) shall be allocated between or among the | ||||||
5 | annexing districts as follows: | ||||||
6 | (A) the regional superintendent of schools for each | ||||||
7 | educational service region in which an annexed district is | ||||||
8 | located prior to the annexation shall certify to the State | ||||||
9 | Board of Education, on forms that it shall provide for that | ||||||
10 | purpose, the value of all taxable property in each annexed | ||||||
11 | district, as last equalized or assessed by the Department | ||||||
12 | of Revenue prior to the annexation, and the equalized | ||||||
13 | assessed value of each part of the annexed district that | ||||||
14 | was annexed to or included as a part of an annexing | ||||||
15 | district; | ||||||
16 | (B) using equalized assessed values as certified by the | ||||||
17 | regional superintendent of schools under clause (A) of this | ||||||
18 | paragraph (3), the combined audited fund balance deficit of | ||||||
19 | each annexed district as determined under this Section | ||||||
20 | shall be apportioned between or among the annexing | ||||||
21 | districts in the same ratio as the equalized assessed value | ||||||
22 | of that part of the annexed district that was annexed to or | ||||||
23 | included as a part of an annexing district bears to the | ||||||
24 | total equalized assessed value of the annexed district; and | ||||||
25 | (C) the aggregate supplementary State aid payment | ||||||
26 | under this paragraph (3) shall be allocated between or |
| |||||||
| |||||||
1 | among, and shall be paid to, the annexing districts in the | ||||||
2 | same ratio as the sum of the combined audited fund balance | ||||||
3 | deficit of each annexing district as constituted prior to | ||||||
4 | the annexation, plus all combined audited fund balance | ||||||
5 | deficit amounts apportioned to that annexing district | ||||||
6 | under clause (B) of this subsection, bears to the aggregate | ||||||
7 | of the combined audited fund balance deficits of all of the | ||||||
8 | annexing and annexed districts as constituted prior to the | ||||||
9 | annexation. | ||||||
10 | (4) For the new elementary districts and new high school | ||||||
11 | district formed through a school district conversion, as | ||||||
12 | defined in Section 11E-15 of this Code or the new elementary | ||||||
13 | district or districts and new combined high school - unit | ||||||
14 | district formed through a multi-unit conversion, as defined in | ||||||
15 | subsection (b) of Section 11E-30 of this Code, a computation | ||||||
16 | shall be made totaling each previously existing district's | ||||||
17 | audited fund balances in the educational fund, working cash | ||||||
18 | fund, operations and maintenance fund, and transportation fund | ||||||
19 | for the year ending June 30 prior to the referendum | ||||||
20 | establishing the new districts. In the first year of the new | ||||||
21 | districts, the State shall make a one-time supplementary | ||||||
22 | payment equal to the sum of the differences between the deficit | ||||||
23 | of the previously existing district with the smallest deficit | ||||||
24 | and the deficits of each of the other previously existing | ||||||
25 | districts. A district with a combined balance among the 4 funds | ||||||
26 | that is positive shall be considered to have a deficit of zero. |
| |||||||
| |||||||
1 | The supplementary payment shall be allocated among the newly | ||||||
2 | formed high school and elementary districts in the manner | ||||||
3 | provided by the petition for the formation of the districts, in | ||||||
4 | the form in which the petition is approved by the regional | ||||||
5 | superintendent of schools or State Superintendent of Education | ||||||
6 | under Section 11E-50 of this Code. | ||||||
7 | (5) For each newly created partial elementary unit | ||||||
8 | district, as defined in subsection (a) or (c) of Section 11E-30 | ||||||
9 | of this Code, a computation shall be made totaling the audited | ||||||
10 | fund balances of each previously existing district that formed | ||||||
11 | the new partial elementary unit district in the educational | ||||||
12 | fund, working cash fund, operations and maintenance fund, and | ||||||
13 | transportation fund for the year ending June 30 prior to the | ||||||
14 | referendum for the formation of the partial elementary unit | ||||||
15 | district. In the first year of the new partial elementary unit | ||||||
16 | district, the State shall make a one-time supplementary payment | ||||||
17 | to the new district equal to the sum of the differences between | ||||||
18 | the deficit of the previously existing district with the | ||||||
19 | smallest deficit and the deficits of each of the other | ||||||
20 | previously existing districts. A district with a combined | ||||||
21 | balance among the 4 funds that is positive shall be considered | ||||||
22 | to have a deficit of zero. | ||||||
23 | (6) For an elementary opt-in as defined in subsection (d) | ||||||
24 | of Section 11E-30 of this Code, the deficit fund balance | ||||||
25 | incentive shall be computed in accordance with paragraph (5) of | ||||||
26 | this subsection (c) as if the opted-in elementary was included |
| |||||||
| |||||||
1 | in the optional elementary unit district at the optional | ||||||
2 | elementary unit district's original effective date. If the | ||||||
3 | calculation in this paragraph (6) is less than that calculated | ||||||
4 | in paragraph (5) of this subsection (c) at the optional | ||||||
5 | elementary unit district's original effective date, then no | ||||||
6 | adjustments may be made. If the calculation in this paragraph | ||||||
7 | (6) is more than that calculated in paragraph (5) of this | ||||||
8 | subsection (c) at the optional elementary unit district's | ||||||
9 | original effective date, then the excess must be paid as | ||||||
10 | follows: | ||||||
11 | (A) If the effective date for the elementary opt-in is | ||||||
12 | one year after the effective date for the optional | ||||||
13 | elementary unit district, 100% of the calculated excess | ||||||
14 | shall be paid to the optional elementary unit district in | ||||||
15 | the first year after the effective date of the elementary | ||||||
16 | opt-in. | ||||||
17 | (B) If the effective date for the elementary opt-in is | ||||||
18 | 2 years after the effective date for the optional | ||||||
19 | elementary unit district, 75% of the calculated excess | ||||||
20 | shall be paid to the optional elementary unit district in | ||||||
21 | the first year after the effective date of the elementary | ||||||
22 | opt-in. | ||||||
23 | (C) If the effective date for the elementary opt-in is | ||||||
24 | 3 years after the effective date for the optional | ||||||
25 | elementary unit district, 50% of the calculated excess | ||||||
26 | shall be paid to the optional elementary unit district in |
| |||||||
| |||||||
1 | the first year after the effective date of the elementary | ||||||
2 | opt-in. | ||||||
3 | (D) If the effective date for the elementary opt-in is | ||||||
4 | 4 years after the effective date for the optional | ||||||
5 | elementary unit district, 25% of the calculated excess | ||||||
6 | shall be paid to the optional elementary unit district in | ||||||
7 | the first year after the effective date of the elementary | ||||||
8 | opt-in. | ||||||
9 | (E) If the effective date for the elementary opt-in is | ||||||
10 | 5 years after the effective date for the optional | ||||||
11 | elementary unit district, the optional elementary unit | ||||||
12 | district is not eligible for any additional incentives due | ||||||
13 | to the elementary opt-in. | ||||||
14 | (6.5) For the first year after the annexation of territory
| ||||||
15 | detached from another school district whereby the enrollment of
| ||||||
16 | the annexing district increases by 90% or more as a result of
| ||||||
17 | the annexation, a computation shall be made totaling the
| ||||||
18 | audited fund balances of the district gaining territory and the
| ||||||
19 | audited fund balances of the district losing territory in the
| ||||||
20 | educational fund, working cash fund, operations and
| ||||||
21 | maintenance fund, and transportation fund for the year ending
| ||||||
22 | June 30 prior to the date that the change of boundaries
| ||||||
23 | attributable to the annexation is allowed by the affirmative
| ||||||
24 | decision of the regional board of school trustees under Section
| ||||||
25 | 7-6 of this Code, notwithstanding any action for administrative
| ||||||
26 | review of the decision. The annexing district as constituted
|
| |||||||
| |||||||
1 | after the annexation shall be paid supplementary State aid
| ||||||
2 | equal to the difference between the deficit of whichever
| ||||||
3 | district included in this calculation as constituted prior to
| ||||||
4 | the annexation had the smallest deficit and the deficit of each
| ||||||
5 | other district included in this calculation as constituted
| ||||||
6 | prior to the annexation, multiplied by the ratio of equalized
| ||||||
7 | assessed value of the territory detached to the total equalized
| ||||||
8 | assessed value of the district losing territory. The regional
| ||||||
9 | superintendent of schools for the educational service region in
| ||||||
10 | which a district losing territory is located prior to the
| ||||||
11 | annexation shall certify to the State Board of Education the
| ||||||
12 | value of all taxable property in the district losing territory
| ||||||
13 | and the value of all taxable property in the territory being
| ||||||
14 | detached, as last equalized or assessed by the Department of
| ||||||
15 | Revenue prior to the annexation. To be eligible for
| ||||||
16 | supplementary State aid reimbursement under this Section, the
| ||||||
17 | intergovernmental agreement to be submitted pursuant to
| ||||||
18 | Section 7-14A of this Code must show that fund balances were
| ||||||
19 | transferred from the district losing territory to the district
| ||||||
20 | gaining territory in the annexation. The changes to this
| ||||||
21 | Section made by Public Act 95-707
are intended to be | ||||||
22 | retroactive and applicable to any
annexation taking effect on | ||||||
23 | or after July 1, 2004. For annexations that are eligible for | ||||||
24 | payments under this paragraph (6.5) and that are effective on | ||||||
25 | or after July 1, 2004, but before January 11, 2008 (the | ||||||
26 | effective date of Public Act 95-707), the required payment |
| |||||||
| |||||||
1 | under this paragraph (6.5) shall be paid in the fiscal year of | ||||||
2 | January 11, 2008 (the effective date of Public Act 95-707).
| ||||||
3 | (7) For purposes of any calculation required under | ||||||
4 | paragraph (1), (2), (3), (4), (5), (6), or (6.5) of this | ||||||
5 | subsection (c), a district with a combined fund balance that is | ||||||
6 | positive shall be considered to have a deficit of zero. For | ||||||
7 | purposes of determining each district's audited fund balances | ||||||
8 | in its educational fund, working cash fund, operations and | ||||||
9 | maintenance fund, and transportation fund for the specified | ||||||
10 | year ending June 30, as provided in paragraphs (1), (2), (3), | ||||||
11 | (4), (5), (6), and (6.5) of this subsection (c), the balance of | ||||||
12 | each fund shall be deemed decreased by an amount equal to the | ||||||
13 | amount of the annual property tax theretofore levied in the | ||||||
14 | fund by the district for collection and payment to the district | ||||||
15 | during the calendar year in which the June 30 fell, but only to | ||||||
16 | the extent that the tax so levied in the fund actually was | ||||||
17 | received by the district on or before or comprised a part of | ||||||
18 | the fund on such June 30. For purposes of determining each | ||||||
19 | district's audited fund balances, a calculation shall be made | ||||||
20 | for each fund to determine the average for the 3 years prior to | ||||||
21 | the specified year ending June 30, as provided in paragraphs | ||||||
22 | (1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c), | ||||||
23 | of the district's expenditures in the categories "purchased | ||||||
24 | services", "supplies and materials", and "capital outlay", as | ||||||
25 | those categories are defined in rules of the State Board of | ||||||
26 | Education. If this 3-year average is less than the district's |
| |||||||
| |||||||
1 | expenditures in these categories for the specified year ending | ||||||
2 | June 30, as provided in paragraphs (1), (2), (3), (4), (5), | ||||||
3 | (6), and (6.5) of this subsection (c), then the 3-year average | ||||||
4 | shall be used in calculating the amounts payable under this | ||||||
5 | Section in place of the amounts shown in these categories for | ||||||
6 | the specified year ending June 30, as provided in paragraphs | ||||||
7 | (1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c). | ||||||
8 | Any deficit because of State aid not yet received may not be | ||||||
9 | considered in determining the June 30 deficits. The same basis | ||||||
10 | of accounting shall be used by all previously existing | ||||||
11 | districts and by all annexing or annexed districts, as | ||||||
12 | constituted prior to the annexation, in making any computation | ||||||
13 | required under paragraphs (1), (2), (3), (4), (5), (6), and | ||||||
14 | (6.5) of this subsection (c). | ||||||
15 | (8) The supplementary State aid payments under this | ||||||
16 | subsection (c) shall be treated as separate from all other | ||||||
17 | payments made pursuant to Section 18-8.05 of this Code. | ||||||
18 | (d)(1) Following the formation of a combined school | ||||||
19 | district, as defined in Section 11E-20 of this Code, a new unit | ||||||
20 | district, as defined in Section 11E-25 of this Code, a new | ||||||
21 | elementary district or districts and a new high school district | ||||||
22 | formed through a school district conversion, as defined in | ||||||
23 | Section 11E-15 of this Code, a new partial elementary unit | ||||||
24 | district, as defined in Section 11E-30 of this Code, or a new | ||||||
25 | elementary district or districts formed through a multi-unit | ||||||
26 | conversion, as defined in subsection (b) of Section 11E-30 of |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | this Code, or the annexation of all of the territory of one or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | more entire school districts by one or more other school | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | districts, as defined in Article 7 of this Code, a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | supplementary State aid reimbursement shall be paid for the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | number of school years determined under the following table to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | each new or annexing district equal to the sum of $4,000 for | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | each certified employee who is employed by the district on a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | full-time basis for the regular term of the school year: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | The State Board of Education shall make a one-time calculation | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | of a reorganized district's quintile ranks. The average daily | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | attendance used in this calculation shall be the best 3 months' |
| |||||||
| |||||||
1 | average daily attendance for the district's first year. The | ||||||
2 | equalized assessed value per pupil shall be the district's real | ||||||
3 | property equalized assessed value used in calculating the | ||||||
4 | district's first-year general State aid claim, under Section | ||||||
5 | 18-8.05 of this Code, or first-year primary State aid claim, | ||||||
6 | under Section 18-8.15 of this Code, as applicable, divided by | ||||||
7 | the best 3 months' average daily attendance. | ||||||
8 | No annexing or resulting school district shall be entitled | ||||||
9 | to supplementary State aid under this subsection (d) unless the | ||||||
10 | district acquires at least 30% of the average daily attendance | ||||||
11 | of the district from which the territory is being detached or | ||||||
12 | divided. | ||||||
13 | If a district results from multiple reorganizations that | ||||||
14 | would otherwise qualify the district for multiple payments | ||||||
15 | under this subsection (d) in any year, then the district shall | ||||||
16 | receive a single payment only for that year based solely on the | ||||||
17 | most recent reorganization. | ||||||
18 | (2) For an elementary opt-in, as defined in subsection (d) | ||||||
19 | of Section 11E-30 of this Code, the full-time certified staff | ||||||
20 | incentive shall be computed in accordance with paragraph (1) of | ||||||
21 | this subsection (d), equal to the sum of $4,000 for each | ||||||
22 | certified employee of the elementary district that opts-in who | ||||||
23 | is employed by the optional elementary unit district on a | ||||||
24 | full-time basis for the regular term of the school year. The | ||||||
25 | calculation from this paragraph (2) must be paid as follows: | ||||||
26 | (A) If the effective date for the elementary opt-in is |
| |||||||
| |||||||
1 | one year after the effective date for the optional | ||||||
2 | elementary unit district, 100% of the amount calculated in | ||||||
3 | this paragraph (2) shall be paid to the optional elementary | ||||||
4 | unit district for the number of years calculated in | ||||||
5 | paragraph (1) of this subsection (d) at the optional | ||||||
6 | elementary unit district's original effective date, | ||||||
7 | starting in the second year after the effective date of the | ||||||
8 | elementary opt-in. | ||||||
9 | (B) If the effective date for the elementary opt-in is | ||||||
10 | 2 years after the effective date for the optional | ||||||
11 | elementary unit district, 75% of the amount calculated in | ||||||
12 | this paragraph (2) shall be paid to the optional elementary | ||||||
13 | unit district for the number of years calculated in | ||||||
14 | paragraph (1) of this subsection (d) at the optional | ||||||
15 | elementary unit district's original effective date, | ||||||
16 | starting in the second year after the effective date of the | ||||||
17 | elementary opt-in. | ||||||
18 | (C) If the effective date for the elementary opt-in is | ||||||
19 | 3 years after the effective date for the optional | ||||||
20 | elementary unit district, 50% of the amount calculated in | ||||||
21 | this paragraph (2) shall be paid to the optional elementary | ||||||
22 | unit district for the number of years calculated in | ||||||
23 | paragraph (1) of this subsection (d) at the optional | ||||||
24 | elementary unit district's original effective date, | ||||||
25 | starting in the second year after the effective date of the | ||||||
26 | elementary opt-in. |
| |||||||
| |||||||
1 | (D) If the effective date for the elementary opt-in is | ||||||
2 | 4 years after the effective date for the optional | ||||||
3 | elementary unit district, 25% of the amount calculated in | ||||||
4 | this paragraph (2) shall be paid to the optional elementary | ||||||
5 | unit district for the number of years calculated in | ||||||
6 | paragraph (1) of this subsection (d) at the optional | ||||||
7 | elementary unit district's original effective date, | ||||||
8 | starting in the second year after the effective date of the | ||||||
9 | elementary opt-in. | ||||||
10 | (E) If the effective date for the elementary opt-in is | ||||||
11 | 5 years after the effective date for the optional | ||||||
12 | elementary unit district, the optional elementary unit | ||||||
13 | district is not eligible for any additional incentives due | ||||||
14 | to the elementary opt-in. | ||||||
15 | (2.5) Following the formation of a cooperative high school | ||||||
16 | by 2 or more school districts under Section 10-22.22c of this | ||||||
17 | Code, a supplementary State aid reimbursement shall be paid for | ||||||
18 | 3 school years to the cooperative high school equal to the sum | ||||||
19 | of $4,000 for each certified employee who is employed by the | ||||||
20 | cooperative high school on a full-time basis for the regular | ||||||
21 | term of any such school year. If a cooperative high school | ||||||
22 | results from multiple agreements that would otherwise qualify | ||||||
23 | the cooperative high school for multiple payments under this | ||||||
24 | Section in any year, the cooperative high school shall receive | ||||||
25 | a single payment for that year based solely on the most recent | ||||||
26 | agreement. |
| |||||||
| |||||||
1 | (2.10) Following the annexation of territory detached from
| ||||||
2 | another school district whereby the enrollment of the annexing
| ||||||
3 | district increases 90% or more as a result of the annexation, a
| ||||||
4 | supplementary State aid reimbursement shall be paid to the
| ||||||
5 | annexing district equal to the sum of $4,000 for each certified
| ||||||
6 | employee who is employed by the annexing district on a
| ||||||
7 | full-time basis and shall be calculated in accordance with
| ||||||
8 | subsection (a) of this Section. To be eligible for
| ||||||
9 | supplementary State aid reimbursement under this Section, the
| ||||||
10 | intergovernmental agreement to be submitted pursuant to
| ||||||
11 | Section 7-14A of this Code must show that certified staff
| ||||||
12 | members were transferred from the control of the district
| ||||||
13 | losing territory to the control of the district gaining
| ||||||
14 | territory in the annexation. The changes to this Section made
| ||||||
15 | by Public Act 95-707
are
intended to be retroactive and | ||||||
16 | applicable to any annexation
taking effect on or after July 1, | ||||||
17 | 2004. For annexations that are eligible for payments under this | ||||||
18 | paragraph (2.10) and that are effective on or after July 1, | ||||||
19 | 2004, but before January 11, 2008 (the effective date of Public | ||||||
20 | Act 95-707), the first required yearly payment under this | ||||||
21 | paragraph (2.10) shall be paid in the second fiscal year after | ||||||
22 | January 11, 2008 (the effective date of Public Act 95-707). Any | ||||||
23 | subsequent required yearly payments shall be paid in subsequent | ||||||
24 | fiscal years until the payment obligation under this paragraph | ||||||
25 | (2.10) is complete.
| ||||||
26 | (2.15)
Following the deactivation of a school facility in |
| |||||||
| |||||||
1 | accordance with Section 10-22.22b of this Code, a supplementary | ||||||
2 | State aid reimbursement shall be paid for the lesser of 3 | ||||||
3 | school years or the length of the deactivation agreement, | ||||||
4 | including any renewals of the original deactivation agreement, | ||||||
5 | to each receiving school district equal to the sum of $4,000 | ||||||
6 | for each certified employee who is employed by that receiving | ||||||
7 | district on a full-time basis for the regular term of any such | ||||||
8 | school year who was originally transferred to the control of | ||||||
9 | that receiving district as a result of the deactivation. | ||||||
10 | Receiving districts are eligible for payments under this | ||||||
11 | paragraph (2.15)
based on the certified employees transferred | ||||||
12 | to that receiving district as a result of the deactivation and | ||||||
13 | are not required to receive at least 30% of the deactivating | ||||||
14 | district's average daily attendance as required under | ||||||
15 | paragraph (1) of this subsection (d) to be eligible for | ||||||
16 | payments. | ||||||
17 | (3) The supplementary State aid reimbursement payable | ||||||
18 | under this subsection (d) shall be separate from and in | ||||||
19 | addition to all other payments made to the district pursuant to | ||||||
20 | any other Section of this Article. | ||||||
21 | (4) During May of each school year for which a | ||||||
22 | supplementary State aid reimbursement is to be paid to a new, | ||||||
23 | annexing, or receiving school district or cooperative high | ||||||
24 | school pursuant to this subsection (d), the school board or | ||||||
25 | governing board shall certify to the State Board of Education, | ||||||
26 | on forms furnished to the school board or governing board by |
| |||||||
| |||||||
1 | the State Board of Education for purposes of this subsection | ||||||
2 | (d), the number of certified employees for which the district | ||||||
3 | or cooperative high school is entitled to reimbursement under | ||||||
4 | this Section, together with the names, certificate numbers, and | ||||||
5 | positions held by the certified employees. | ||||||
6 | (5) Upon certification by the State Board of Education to | ||||||
7 | the State Comptroller of the amount of the supplementary State | ||||||
8 | aid reimbursement to which a school district or cooperative | ||||||
9 | high school is entitled under this subsection (d), the State | ||||||
10 | Comptroller shall draw his or her warrant upon the State | ||||||
11 | Treasurer for the payment thereof to the school district or | ||||||
12 | cooperative high school and shall promptly transmit the payment | ||||||
13 | to the school district or cooperative high school through the | ||||||
14 | appropriate school treasurer.
| ||||||
15 | (Source: P.A. 95-331, eff. 8-21-07; 95-707, eff. 1-11-08; | ||||||
16 | 95-903, eff. 8-25-08; 96-328, eff. 8-11-09.)
| ||||||
17 | (105 ILCS 5/13A-8)
| ||||||
18 | Sec. 13A-8. Funding.
| ||||||
19 | (a) The State of Illinois shall provide funding for
the
| ||||||
20 | alternative school programs within each educational service | ||||||
21 | region and within
the Chicago public school system by line item | ||||||
22 | appropriation made to the State
Board of Education for that | ||||||
23 | purpose. This money, when appropriated, shall be
provided to | ||||||
24 | the regional superintendent and to the Chicago Board of | ||||||
25 | Education,
who shall establish a budget, including salaries, |
| |||||||
| |||||||
1 | for their
alternative school programs.
Each program shall | ||||||
2 | receive funding in the amount of $30,000 plus an amount
based | ||||||
3 | on the ratio of the region's or Chicago's best 3 months' | ||||||
4 | average daily
attendance in grades pre-kindergarten through 12 | ||||||
5 | to the statewide totals of
these amounts. For purposes of this | ||||||
6 | calculation, the best 3 months' average
daily attendance for | ||||||
7 | each region or Chicago shall be calculated by adding to
the | ||||||
8 | best 3 months' average
daily
attendance the number of | ||||||
9 | low-income students identified in the most
recently available | ||||||
10 | federal census multiplied by one-half times the percentage
of | ||||||
11 | the
region's or Chicago's low-income students
to the State's | ||||||
12 | total low-income students.
The State Board of Education shall | ||||||
13 | retain
up to 1.1% of the appropriation to be used to provide | ||||||
14 | technical assistance,
professional development, and | ||||||
15 | evaluations for the programs.
| ||||||
16 | (a-5) Notwithstanding any other provisions of this | ||||||
17 | Section, for the
1998-1999
fiscal year, the total amount | ||||||
18 | distributed
under subsection (a) for an alternative school | ||||||
19 | program shall be not less than
the total amount that was | ||||||
20 | distributed under that subsection for that
alternative school | ||||||
21 | program for the 1997-1998 fiscal year. If an alternative
school | ||||||
22 | program is to receive a total distribution under subsection (a) | ||||||
23 | for the
1998-1999 fiscal year that is less than the total
| ||||||
24 | distribution that the program received under that subsection | ||||||
25 | for the 1997-1998
fiscal year, that alternative school program | ||||||
26 | shall also receive, from a
separate appropriation made for |
| |||||||
| |||||||
1 | purposes of this subsection (a-5), a
supplementary
payment | ||||||
2 | equal to the amount by which its total distribution under
| ||||||
3 | subsection (a) for the 1997-1998 fiscal year exceeds the amount | ||||||
4 | of the total
distribution that the alternative school program | ||||||
5 | receives under that
subsection for the 1998-1999 fiscal year.
| ||||||
6 | If the amount appropriated
for supplementary payments to | ||||||
7 | alternative school programs under this subsection
(a-5)
is | ||||||
8 | insufficient for that purpose, those supplementary payments | ||||||
9 | shall be
prorated among the alternative school programs | ||||||
10 | entitled to receive those
supplementary payments according to | ||||||
11 | the aggregate amount of the appropriation
made for purposes of | ||||||
12 | this subsection (a-5).
| ||||||
13 | (b) An alternative school program shall be entitled to | ||||||
14 | receive general
State aid as calculated in subsection (K) of
| ||||||
15 | Section 18-8.05 or primary State aid as calculated in | ||||||
16 | subsection (i) of Section 18-8.15 upon filing a claim as
| ||||||
17 | provided therein. Any time that a student who is enrolled in an | ||||||
18 | alternative
school program spends in work-based learning, | ||||||
19 | community service, or a similar
alternative educational | ||||||
20 | setting shall be included in determining the student's
minimum | ||||||
21 | number of clock hours of daily school work that constitute a | ||||||
22 | day of
attendance for purposes of calculating general State aid | ||||||
23 | or primary State aid .
| ||||||
24 | (c) An alternative school program may receive additional | ||||||
25 | funding from its
school districts in such amount as may be | ||||||
26 | agreed upon by the parties and
necessary
to support the |
| |||||||
| |||||||
1 | program. In addition, an alternative school program is
| ||||||
2 | authorized to accept and expend gifts, legacies, and grants, | ||||||
3 | including but not
limited to federal grants, from any source | ||||||
4 | for purposes directly related to the
conduct and operation of | ||||||
5 | the program.
| ||||||
6 | (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96; | ||||||
7 | 89-636, eff. 8-9-96;
90-14, eff. 7-1-97; 90-283, eff. 7-31-97; | ||||||
8 | 90-802, eff. 12-15-98.)
| ||||||
9 | (105 ILCS 5/13B-20.20)
| ||||||
10 | Sec. 13B-20.20. Enrollment in other programs. High school | ||||||
11 | equivalency testing
preparation programs are not eligible for | ||||||
12 | funding under this Article. A
student
may enroll in a program | ||||||
13 | approved under Section 18-8.05 or 18-8.15 of this Code, as
| ||||||
14 | appropriate, or
attend both the alternative learning | ||||||
15 | opportunities program and the regular
school program to enhance | ||||||
16 | student performance and facilitate on-time
graduation.
| ||||||
17 | (Source: P.A. 98-718, eff. 1-1-15 .)
| ||||||
18 | (105 ILCS 5/13B-45)
| ||||||
19 | Sec. 13B-45. Days and hours of attendance. An alternative | ||||||
20 | learning
opportunities program
shall provide students with at | ||||||
21 | least the minimum number of days of pupil
attendance required | ||||||
22 | under Section 10-19 of this Code and the minimum number of
| ||||||
23 | daily hours of school work required under Section 18-8.05 or | ||||||
24 | 18-8.15 of this Code,
provided that the State Board may approve |
| |||||||
| |||||||
1 | exceptions to these
requirements if the program meets all of | ||||||
2 | the following conditions:
| ||||||
3 | (1) The district plan submitted under Section | ||||||
4 | 13B-25.15 of this Code
establishes that a program providing | ||||||
5 | the required minimum number of days of
attendance or daily | ||||||
6 | hours of school work would not serve the needs of the
| ||||||
7 | program's students.
| ||||||
8 | (2) Each day of attendance shall provide no fewer than | ||||||
9 | 3 clock hours of
school work, as defined under paragraph | ||||||
10 | (1) of subsection (F) of Section
18-8.05 or subsection (f) | ||||||
11 | of Section
18-8.15 of this Code.
| ||||||
12 | (3) Each day of attendance that provides fewer than 5 | ||||||
13 | clock hours of
school
work shall also provide supplementary | ||||||
14 | services, including without limitation
work-based | ||||||
15 | learning, student assistance programs, counseling, case | ||||||
16 | management,
health and fitness programs, or life-skills or | ||||||
17 | conflict resolution training,
in order to provide a total | ||||||
18 | daily program to the student of 5 clock hours. A
program | ||||||
19 | may claim general State aid or primary State aid for up to | ||||||
20 | 2 hours of the time each day that
a student is receiving
| ||||||
21 | supplementary services.
| ||||||
22 | (4) Each program shall provide no fewer than 174 days | ||||||
23 | of actual pupil
attendance during the school term; however, | ||||||
24 | approved evening programs that meet
the requirements of | ||||||
25 | Section 13B-45 of this Code may offer less than 174 days
of | ||||||
26 | actual pupil attendance during the school term.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-42, eff. 1-1-02.)
| ||||||
2 | (105 ILCS 5/13B-50)
| ||||||
3 | Sec. 13B-50. Eligibility to receive general State aid or | ||||||
4 | primary State aid . In order to
receive general State aid or | ||||||
5 | primary State aid ,
alternative learning opportunities programs | ||||||
6 | must meet the requirements for
claiming general State
aid as | ||||||
7 | specified in Section 18-8.05 of this Code or primary State aid | ||||||
8 | as specified in Section 18-8.15 of this Code, as applicable , | ||||||
9 | with the exception of the
length of the instructional
day, | ||||||
10 | which may be less than 5 hours of school work if the program | ||||||
11 | meets the
criteria set forth under
Sections 13B-50.5 and | ||||||
12 | 13B-50.10 of this Code and if the program is approved by
the | ||||||
13 | State Board.
| ||||||
14 | (Source: P.A. 92-42, eff. 1-1-02.)
| ||||||
15 | (105 ILCS 5/13B-50.10)
| ||||||
16 | Sec. 13B-50.10. Additional criteria for general State aid | ||||||
17 | or primary State aid . In order to
claim general State aid or | ||||||
18 | primary State aid ,
an alternative learning opportunities | ||||||
19 | program must meet the following
criteria:
| ||||||
20 | (1) Teacher professional development plans should include | ||||||
21 | education in the
instruction
of at-risk students.
| ||||||
22 | (2) Facilities must meet the health, life, and safety | ||||||
23 | requirements in this
Code.
| ||||||
24 | (3) The program must comply with all other State and |
| |||||||
| |||||||
1 | federal laws
applicable to
education providers.
| ||||||
2 | (Source: P.A. 92-42, eff. 1-1-02.)
| ||||||
3 | (105 ILCS 5/13B-50.15)
| ||||||
4 | Sec. 13B-50.15. Level of funding. Approved alternative | ||||||
5 | learning
opportunities programs are
entitled to claim general | ||||||
6 | State aid or primary State aid , subject to Sections 13B-50, | ||||||
7 | 13B-50.5, and
13B-50.10 of this
Code. Approved programs | ||||||
8 | operated by regional offices of education are entitled
to | ||||||
9 | receive general
State aid or primary State aid at the | ||||||
10 | foundation level of support. A school district or consortium
| ||||||
11 | must ensure that an
approved program receives supplemental | ||||||
12 | general State aid, transportation
reimbursements, and
special | ||||||
13 | education resources, if appropriate, for students enrolled in | ||||||
14 | the
program.
| ||||||
15 | (Source: P.A. 92-42, eff. 1-1-02.)
| ||||||
16 | (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
| ||||||
17 | Sec. 14-7.02. Children attending private schools, public
| ||||||
18 | out-of-state schools, public school residential facilities or | ||||||
19 | private
special education facilities. The General Assembly | ||||||
20 | recognizes that non-public
schools or special education | ||||||
21 | facilities provide an important service in the
educational | ||||||
22 | system in Illinois.
| ||||||
23 | If because of his or her disability the special education
| ||||||
24 | program of a district is unable to meet the needs of a child |
| |||||||
| |||||||
1 | and the
child attends a non-public school or special education | ||||||
2 | facility, a
public out-of-state school or a special education | ||||||
3 | facility owned and
operated by a county government unit that | ||||||
4 | provides special educational
services required by the child and | ||||||
5 | is in compliance with the appropriate
rules and regulations of | ||||||
6 | the State Superintendent of Education, the
school district in | ||||||
7 | which the child is a resident shall pay the actual
cost of | ||||||
8 | tuition for special education and related services provided
| ||||||
9 | during the regular school term and during the summer school | ||||||
10 | term if the
child's educational needs so require, excluding | ||||||
11 | room, board and
transportation costs charged the child by that | ||||||
12 | non-public school or
special education facility, public | ||||||
13 | out-of-state school or county special
education facility, or | ||||||
14 | $4,500 per year, whichever is less, and shall
provide him any | ||||||
15 | necessary transportation. "Nonpublic special
education | ||||||
16 | facility" shall include a residential facility,
within or | ||||||
17 | without the State of Illinois, which provides
special education | ||||||
18 | and related services to meet the needs of the child by
| ||||||
19 | utilizing private schools or public schools, whether located on | ||||||
20 | the site
or off the site of the residential facility.
| ||||||
21 | The State Board of Education shall promulgate rules and | ||||||
22 | regulations
for determining when placement in a private special | ||||||
23 | education facility
is appropriate. Such rules and regulations | ||||||
24 | shall take into account
the various types of services needed by | ||||||
25 | a child and the availability
of such services to the particular | ||||||
26 | child in the public school.
In developing these rules and |
| |||||||
| |||||||
1 | regulations the State Board of
Education shall consult with the | ||||||
2 | Advisory Council on
Education of Children with Disabilities and | ||||||
3 | hold public
hearings to secure recommendations from parents, | ||||||
4 | school personnel,
and others concerned about this matter.
| ||||||
5 | The State Board of Education shall also promulgate rules | ||||||
6 | and
regulations for transportation to and from a residential | ||||||
7 | school.
Transportation to and from home to a residential school | ||||||
8 | more than once
each school term shall be subject to prior | ||||||
9 | approval by the State
Superintendent in accordance with the | ||||||
10 | rules and regulations of the State
Board.
| ||||||
11 | A school district making tuition payments pursuant to this
| ||||||
12 | Section is eligible for reimbursement from the State for the | ||||||
13 | amount of
such payments actually made in excess of the district | ||||||
14 | per capita tuition
charge for students not receiving special | ||||||
15 | education services.
Such reimbursement shall be approved in | ||||||
16 | accordance with Section 14-12.01
and each district shall file | ||||||
17 | its claims, computed in accordance with rules
prescribed by the | ||||||
18 | State Board of Education, on forms prescribed by the
State | ||||||
19 | Superintendent of Education. Data used as a basis of | ||||||
20 | reimbursement
claims shall be for the preceding regular school | ||||||
21 | term and summer school
term. Each school district shall | ||||||
22 | transmit its claims to the State Board of Education
on or | ||||||
23 | before
August 15. The State Board of Education, before | ||||||
24 | approving any such claims,
shall determine their accuracy and | ||||||
25 | whether they are based upon services
and facilities provided | ||||||
26 | under approved programs. Upon approval the State
Board shall |
| |||||||
| |||||||
1 | cause vouchers to be prepared showing the amount due
for | ||||||
2 | payment of reimbursement claims to school
districts, for | ||||||
3 | transmittal to the State Comptroller on
the 30th day of | ||||||
4 | September, December, and March, respectively, and the final
| ||||||
5 | voucher, no later than June 20. If the
money appropriated by | ||||||
6 | the General Assembly for such purpose for any year
is | ||||||
7 | insufficient, it shall be apportioned on the basis of the | ||||||
8 | claims approved.
| ||||||
9 | No child shall be placed in a special education program | ||||||
10 | pursuant to
this Section if the tuition cost for special | ||||||
11 | education and related
services increases more than 10 percent | ||||||
12 | over the tuition cost for the
previous school year or exceeds | ||||||
13 | $4,500 per year unless such costs have
been approved by the | ||||||
14 | Illinois Purchased Care Review Board. The
Illinois Purchased | ||||||
15 | Care Review Board shall consist of the following
persons, or | ||||||
16 | their designees: the Directors of Children and Family
Services, | ||||||
17 | Public Health,
Public Aid, and the
Governor's Office of | ||||||
18 | Management and Budget; the
Secretary of Human Services; the | ||||||
19 | State Superintendent of Education; and such
other persons as | ||||||
20 | the
Governor may designate. The Review Board shall also consist | ||||||
21 | of one non-voting member who is an administrator of a
private, | ||||||
22 | nonpublic, special education school. The Review Board shall | ||||||
23 | establish rules and
regulations for its determination of | ||||||
24 | allowable costs and payments made by
local school districts for | ||||||
25 | special education, room and board, and other related
services | ||||||
26 | provided by non-public schools or special education facilities |
| |||||||
| |||||||
1 | and
shall establish uniform standards and criteria which it | ||||||
2 | shall follow. The Review Board shall approve the usual and | ||||||
3 | customary rate or rates of a special education program that (i) | ||||||
4 | is offered by an out-of-state, non-public provider of | ||||||
5 | integrated autism specific educational and autism specific | ||||||
6 | residential services, (ii) offers 2 or more levels of | ||||||
7 | residential care, including at least one locked facility, and | ||||||
8 | (iii) serves 12 or fewer Illinois students.
| ||||||
9 | The Review Board shall establish uniform definitions and | ||||||
10 | criteria for
accounting separately by special education, room | ||||||
11 | and board and other
related services costs. The Board shall | ||||||
12 | also establish guidelines for
the coordination of services and | ||||||
13 | financial assistance provided by all
State agencies to assure | ||||||
14 | that no otherwise qualified child with a disability
receiving | ||||||
15 | services under Article 14 shall be excluded from participation
| ||||||
16 | in, be denied the benefits of or be subjected to discrimination | ||||||
17 | under
any program or activity provided by any State agency.
| ||||||
18 | The Review Board shall review the costs for special | ||||||
19 | education and
related services provided by non-public schools | ||||||
20 | or special education
facilities and shall approve or disapprove | ||||||
21 | such facilities in accordance
with the rules and regulations | ||||||
22 | established by it with respect to
allowable costs.
| ||||||
23 | The State Board of Education shall provide administrative | ||||||
24 | and staff support
for the Review Board as deemed reasonable by | ||||||
25 | the State Superintendent of
Education. This support shall not | ||||||
26 | include travel expenses or other
compensation for any Review |
| |||||||
| |||||||
1 | Board member other than the State Superintendent of
Education.
| ||||||
2 | The Review Board shall seek the advice of the Advisory | ||||||
3 | Council on
Education of Children with Disabilities on the rules | ||||||
4 | and
regulations to be
promulgated by it relative to providing | ||||||
5 | special education services.
| ||||||
6 | If a child has been placed in a program in which the actual | ||||||
7 | per pupil costs
of tuition for special education and related | ||||||
8 | services based on program
enrollment, excluding room, board and | ||||||
9 | transportation costs, exceed $4,500 and
such costs have been | ||||||
10 | approved by the Review Board, the district shall pay such
total | ||||||
11 | costs which exceed $4,500. A district making such tuition | ||||||
12 | payments in
excess of $4,500 pursuant to this Section shall be | ||||||
13 | responsible for an amount in
excess of $4,500 equal to the | ||||||
14 | district per capita
tuition charge and shall be eligible for | ||||||
15 | reimbursement from the State for
the amount of such payments | ||||||
16 | actually made in excess of the districts per capita
tuition | ||||||
17 | charge for students not receiving special education services.
| ||||||
18 | If a child has been placed in an approved individual | ||||||
19 | program and the
tuition costs including room and board costs | ||||||
20 | have been approved by the
Review Board, then such room and | ||||||
21 | board costs shall be paid by the
appropriate State agency | ||||||
22 | subject to the provisions of Section 14-8.01 of
this Act. Room | ||||||
23 | and board costs not provided by a State agency other
than the | ||||||
24 | State Board of Education shall be provided by the State Board
| ||||||
25 | of Education on a current basis. In no event, however, shall | ||||||
26 | the
State's liability for funding of these tuition costs begin |
| |||||||
| |||||||
1 | until after
the legal obligations of third party payors have | ||||||
2 | been subtracted from
such costs. If the money appropriated by | ||||||
3 | the General Assembly for such
purpose for any year is | ||||||
4 | insufficient, it shall be apportioned on the
basis of the | ||||||
5 | claims approved. Each district shall submit estimated claims to | ||||||
6 | the State
Superintendent of Education. Upon approval of such | ||||||
7 | claims, the State
Superintendent of Education shall direct the | ||||||
8 | State Comptroller to make payments
on a monthly basis. The | ||||||
9 | frequency for submitting estimated
claims and the method of | ||||||
10 | determining payment shall be prescribed in rules
and | ||||||
11 | regulations adopted by the State Board of Education. Such | ||||||
12 | current state
reimbursement shall be reduced by an amount equal | ||||||
13 | to the proceeds which
the child or child's parents are eligible | ||||||
14 | to receive under any public or
private insurance or assistance | ||||||
15 | program. Nothing in this Section shall
be construed as | ||||||
16 | relieving an insurer or similar third party from an
otherwise | ||||||
17 | valid obligation to provide or to pay for services provided to
| ||||||
18 | a child with a disability.
| ||||||
19 | If it otherwise qualifies, a school district is eligible | ||||||
20 | for the
transportation reimbursement under Section 14-13.01 | ||||||
21 | and for the
reimbursement of tuition payments under this | ||||||
22 | Section whether the
non-public school or special education | ||||||
23 | facility, public out-of-state
school or county special | ||||||
24 | education facility, attended by a child who
resides in that | ||||||
25 | district and requires special educational services, is
within | ||||||
26 | or outside of the State of Illinois. However, a district is not
|
| |||||||
| |||||||
1 | eligible to claim transportation reimbursement under this | ||||||
2 | Section unless
the district certifies to the State | ||||||
3 | Superintendent of Education that the
district is unable to | ||||||
4 | provide special educational services required by
the child for | ||||||
5 | the current school year.
| ||||||
6 | Nothing in this Section authorizes the reimbursement of a | ||||||
7 | school
district for the amount paid for tuition of a child | ||||||
8 | attending a
non-public school or special education facility, | ||||||
9 | public out-of-state
school or county special education | ||||||
10 | facility unless the school district
certifies to the State | ||||||
11 | Superintendent of Education that the special
education program | ||||||
12 | of that district is unable to meet the needs of that child
| ||||||
13 | because of his disability and the State Superintendent of | ||||||
14 | Education finds
that the school district is in substantial | ||||||
15 | compliance with Section 14-4.01. However, if a child is | ||||||
16 | unilaterally placed by a State agency or any court in a | ||||||
17 | non-public school or special education facility, public | ||||||
18 | out-of-state school, or county special education facility, a | ||||||
19 | school district shall not be required to certify to the State | ||||||
20 | Superintendent of Education, for the purpose of tuition | ||||||
21 | reimbursement, that the special education program of that | ||||||
22 | district is unable to meet the needs of a child because of his | ||||||
23 | or her disability.
| ||||||
24 | Any educational or related services provided, pursuant to | ||||||
25 | this
Section in a non-public school or special education | ||||||
26 | facility or a
special education facility owned and operated by |
| |||||||
| |||||||
1 | a county government
unit shall be at no cost to the parent or | ||||||
2 | guardian of the child.
However, current law and practices | ||||||
3 | relative to contributions by parents
or guardians for costs | ||||||
4 | other than educational or related services are
not affected by | ||||||
5 | this amendatory Act of 1978.
| ||||||
6 | Reimbursement for children attending public school | ||||||
7 | residential facilities
shall be made in accordance with the | ||||||
8 | provisions of this Section.
| ||||||
9 | Notwithstanding any other provision of law, any school | ||||||
10 | district
receiving a payment under this Section or under | ||||||
11 | Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify | ||||||
12 | all or a portion of the funds that
it receives in a particular | ||||||
13 | fiscal year or from general State aid pursuant
to Section | ||||||
14 | 18-8.05 of this Code
as funds received in connection with any | ||||||
15 | funding program for which
it is entitled to receive funds from | ||||||
16 | the State in that fiscal year (including,
without limitation, | ||||||
17 | any funding program referenced in this Section),
regardless of | ||||||
18 | the source or timing of the receipt. The district may not
| ||||||
19 | classify more funds as funds received in connection with the | ||||||
20 | funding
program than the district is entitled to receive in | ||||||
21 | that fiscal year for that
program. Any
classification by a | ||||||
22 | district must be made by a resolution of its board of
| ||||||
23 | education. The resolution must identify the amount of any | ||||||
24 | payments or
general State aid to be classified under this | ||||||
25 | paragraph and must specify
the funding program to which the | ||||||
26 | funds are to be treated as received in
connection therewith. |
| |||||||
| |||||||
1 | This resolution is controlling as to the
classification of | ||||||
2 | funds referenced therein. A certified copy of the
resolution | ||||||
3 | must be sent to the State Superintendent of Education.
The | ||||||
4 | resolution shall still take effect even though a copy of the | ||||||
5 | resolution has
not been sent to the State
Superintendent of | ||||||
6 | Education in a timely manner.
No
classification under this | ||||||
7 | paragraph by a district shall affect the total amount
or timing | ||||||
8 | of money the district is entitled to receive under this Code.
| ||||||
9 | No classification under this paragraph by a district shall
in | ||||||
10 | any way relieve the district from or affect any
requirements | ||||||
11 | that otherwise would apply with respect to
that funding | ||||||
12 | program, including any
accounting of funds by source, reporting | ||||||
13 | expenditures by
original source and purpose,
reporting | ||||||
14 | requirements,
or requirements of providing services.
| ||||||
15 | Notwithstanding anything to the contrary contained in this | ||||||
16 | Section, the State Board of Education shall award to a school | ||||||
17 | district having a population exceeding 500,000 inhabitants | ||||||
18 | 48.4% of the funds appropriated by the General Assembly for any | ||||||
19 | fiscal year for purposes of payments to school districts under | ||||||
20 | this Section. | ||||||
21 | (Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15; 99-78, | ||||||
22 | eff. 7-20-15; 99-143, eff. 7-27-15.)
| ||||||
23 | (105 ILCS 5/14-7.02b)
| ||||||
24 | Sec. 14-7.02b. Funding for children requiring special | ||||||
25 | education services.
Payments to school districts for children |
| |||||||
| |||||||
1 | requiring
special education services documented in their | ||||||
2 | individualized education
program regardless of the program | ||||||
3 | from which these services are received,
excluding children | ||||||
4 | claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall
| ||||||
5 | be made in accordance with this Section. Funds received under | ||||||
6 | this Section
may be used only for the provision of special | ||||||
7 | educational facilities and
services as defined in Section | ||||||
8 | 14-1.08 of this Code.
| ||||||
9 | The appropriation for fiscal year 2005 through fiscal year | ||||||
10 | 2016 and thereafter shall be based upon
the IDEA child count of | ||||||
11 | all students in the State, excluding students
claimed under | ||||||
12 | Sections 14-7.02 and 14-7.03 of this Code, on December 1 of the
| ||||||
13 | fiscal year 2
years
preceding, multiplied by 17.5% of the | ||||||
14 | general State aid
foundation level of support established for | ||||||
15 | that fiscal year under Section
18-8.05 of
this Code.
| ||||||
16 | Beginning with fiscal year 2005 and through fiscal year | ||||||
17 | 2007, individual school districts
shall not receive payments | ||||||
18 | under this Section totaling less than they received
under the
| ||||||
19 | funding authorized under Section 14-7.02a of this Code
during | ||||||
20 | fiscal year 2004, pursuant to the provisions of Section | ||||||
21 | 14-7.02a as they
were in effect before the effective date of | ||||||
22 | this amendatory Act of the 93rd
General Assembly. This base | ||||||
23 | level funding shall be computed first.
| ||||||
24 | Beginning with fiscal year 2008 through fiscal year 2016 | ||||||
25 | and each fiscal year thereafter , individual school districts | ||||||
26 | must not receive payments under this Section totaling less than |
| |||||||
| |||||||
1 | they received in fiscal year 2007. This funding shall be | ||||||
2 | computed last and shall be a separate calculation from any | ||||||
3 | other calculation set forth in this Section. This amount is | ||||||
4 | exempt from the requirements of Section 1D-1 of this Code.
| ||||||
5 | Through fiscal year 2016, an An amount equal to 85% of the | ||||||
6 | funds remaining in the appropriation shall be allocated to | ||||||
7 | school districts based upon the
district's average daily | ||||||
8 | attendance reported for purposes of Section
18-8.05 of this | ||||||
9 | Code for the preceding school year. Fifteen percent of the
| ||||||
10 | funds
remaining in the appropriation
shall be allocated to | ||||||
11 | school districts based upon the district's low income
eligible | ||||||
12 | pupil count used in the calculation of general State aid under | ||||||
13 | Section
18-8.05 of this Code for the same fiscal year. One | ||||||
14 | hundred percent of the
funds
computed and allocated to | ||||||
15 | districts under this Section shall be distributed and
paid to | ||||||
16 | school districts.
| ||||||
17 | For individual
students with disabilities whose program | ||||||
18 | costs exceed 4 times the
district's per capita tuition rate
as | ||||||
19 | calculated under Section 10-20.12a of this Code, the costs in | ||||||
20 | excess
of 4 times the district's per capita tuition rate shall | ||||||
21 | be paid by the State
Board of Education from unexpended IDEA | ||||||
22 | discretionary funds originally
designated for room and board | ||||||
23 | reimbursement pursuant to Section
14-8.01 of this Code. The | ||||||
24 | amount of tuition for these children shall be
determined by the | ||||||
25 | actual cost of maintaining classes for these children,
using | ||||||
26 | the per
capita cost formula set forth in Section 14-7.01 of |
| |||||||
| |||||||
1 | this Code, with the
program and cost being pre-approved by the | ||||||
2 | State Superintendent of
Education. Reimbursement for | ||||||
3 | individual students with disabilities whose program costs | ||||||
4 | exceed 4 times the district's per capita tuition rate shall be | ||||||
5 | claimed beginning with costs encumbered for the 2004-2005 | ||||||
6 | school year and thereafter.
| ||||||
7 | The State Board of Education shall prepare vouchers equal | ||||||
8 | to one-fourth the
amount allocated to districts, for | ||||||
9 | transmittal
to the State Comptroller on the 30th day of | ||||||
10 | September, December, and March,
respectively, and the final | ||||||
11 | voucher, no later than June 20. The Comptroller
shall make | ||||||
12 | payments pursuant to this Section to school districts as soon | ||||||
13 | as possible after receipt of vouchers. If the money
| ||||||
14 | appropriated from the General Assembly for such purposes for | ||||||
15 | any year is
insufficient, it shall be apportioned on the basis | ||||||
16 | of the payments due to
school districts.
| ||||||
17 | Nothing in this Section shall be construed to decrease or | ||||||
18 | increase the
percentage of all special education funds that are | ||||||
19 | allocated annually
under Article 1D of this Code
or to alter | ||||||
20 | the requirement that a
school district provide special | ||||||
21 | education services.
| ||||||
22 | Nothing in this amendatory Act of the 93rd General Assembly | ||||||
23 | shall
eliminate any reimbursement obligation owed as of the | ||||||
24 | effective date of this
amendatory Act of the 93rd General | ||||||
25 | Assembly to a school district with in excess
of 500,000 | ||||||
26 | inhabitants.
|
| |||||||
| |||||||
1 | Except for reimbursement for individual students with | ||||||
2 | disabilities whose program costs exceed 4 times the district's | ||||||
3 | per capita tuition rate, no funding shall be provided to school | ||||||
4 | districts under this Section after fiscal year 2016. | ||||||
5 | (Source: P.A. 93-1022, eff. 8-24-08; 95-705, eff. 1-8-08.) | ||||||
6 | (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
| ||||||
7 | Sec. 14-7.03. Special Education Classes for Children from | ||||||
8 | Orphanages,
Foster Family Homes, Children's Homes, or in State | ||||||
9 | Housing Units. If a
school district maintains special education | ||||||
10 | classes on the site of
orphanages and children's homes, or if | ||||||
11 | children from the orphanages,
children's homes, foster family | ||||||
12 | homes, other State agencies, or State
residential units for | ||||||
13 | children attend classes for children with disabilities
in which | ||||||
14 | the school district is a participating member of a joint
| ||||||
15 | agreement, or if the children from the orphanages, children's | ||||||
16 | homes,
foster family homes, other State agencies, or State | ||||||
17 | residential units
attend classes for the children with | ||||||
18 | disabilities maintained by the school
district, then | ||||||
19 | reimbursement shall be paid to eligible districts in
accordance | ||||||
20 | with the provisions of this Section by the Comptroller as | ||||||
21 | directed
by the State Superintendent of Education.
| ||||||
22 | The amount of tuition for such children shall be determined | ||||||
23 | by the
actual cost of maintaining such classes, using the per | ||||||
24 | capita cost formula
set forth in Section 14-7.01, such program | ||||||
25 | and cost to be pre-approved by
the State Superintendent of |
| |||||||
| |||||||
1 | Education.
| ||||||
2 | If a school district makes a claim for reimbursement under | ||||||
3 | Section
18-3 or 18-4 of this Code, Act it shall not include in | ||||||
4 | any claim filed under
this Section a claim for such children. | ||||||
5 | Payments authorized by law,
including State or federal grants | ||||||
6 | for education of children included in
this Section, shall be | ||||||
7 | deducted in determining the tuition amount.
| ||||||
8 | Nothing in this Act shall be construed so as to prohibit
| ||||||
9 | reimbursement for the tuition of children placed in for profit | ||||||
10 | facilities.
Private facilities shall provide adequate space at | ||||||
11 | the
facility for special education classes provided by a school | ||||||
12 | district or
joint agreement for children with disabilities who | ||||||
13 | are
residents of the
facility at no cost to the school district | ||||||
14 | or joint agreement upon
request of the school district or joint | ||||||
15 | agreement. If such a private
facility provides space at no cost | ||||||
16 | to the district or joint agreement
for special education | ||||||
17 | classes provided to children with
disabilities who are
| ||||||
18 | residents of the facility, the district or joint agreement | ||||||
19 | shall not
include any costs for the use of those facilities in | ||||||
20 | its claim for
reimbursement.
| ||||||
21 | Reimbursement for tuition may include the cost of providing | ||||||
22 | summer
school programs for children with severe and profound | ||||||
23 | disabilities served
under this Section. Claims for that | ||||||
24 | reimbursement shall be filed by
November 1 and shall be paid on | ||||||
25 | or before December 15 from
appropriations made for the purposes | ||||||
26 | of this Section.
|
| |||||||
| |||||||
1 | The State Board of Education shall establish such rules and
| ||||||
2 | regulations as may be necessary to implement the provisions of | ||||||
3 | this
Section.
| ||||||
4 | Claims filed on behalf of programs operated under this | ||||||
5 | Section housed in a
jail, detention center, or county-owned | ||||||
6 | shelter care facility
shall be on an individual student basis | ||||||
7 | only for
eligible students with disabilities. These claims | ||||||
8 | shall be in accordance with
applicable rules.
| ||||||
9 | Each district claiming reimbursement for a program | ||||||
10 | operated as a group
program shall have an approved budget on | ||||||
11 | file with the State Board of
Education prior to the initiation | ||||||
12 | of the program's operation. On September
30, December 31, and | ||||||
13 | March 31, the State Board of Education shall voucher
payments | ||||||
14 | to group programs based upon the approved budget during the | ||||||
15 | year
of operation. Final claims for group payments shall be | ||||||
16 | filed on or before
July 15. Final claims for group programs | ||||||
17 | received at the State
Board of
Education on or before June 15 | ||||||
18 | shall be vouchered by June 30. Final claims
received at the | ||||||
19 | State Board of Education between June 16 and July 15
shall be | ||||||
20 | vouchered by August 30. Claims for group programs
received
| ||||||
21 | after July 15 shall not be honored.
| ||||||
22 | Each district claiming reimbursement for individual | ||||||
23 | students shall have the
eligibility of those students verified | ||||||
24 | by the State Board of Education. On
September 30, December 31, | ||||||
25 | and March 31, the State Board of Education shall
voucher | ||||||
26 | payments for individual students based upon an estimated cost
|
| |||||||
| |||||||
1 | calculated from the prior year's claim. Final claims for | ||||||
2 | individual students
for the regular school term must be | ||||||
3 | received at the State Board of Education by
July 15. Claims for | ||||||
4 | individual students received after July 15 shall not
be | ||||||
5 | honored. Final claims for individual students shall be | ||||||
6 | vouchered by
August 30.
| ||||||
7 | Reimbursement shall be made based upon approved group | ||||||
8 | programs or
individual students. The State Superintendent of | ||||||
9 | Education shall direct the
Comptroller to pay a specified | ||||||
10 | amount to the district by the 30th day of
September, December, | ||||||
11 | March, June, or August, respectively. However,
notwithstanding | ||||||
12 | any other provisions of this Section or the School Code,
| ||||||
13 | beginning with fiscal year 1994 and each fiscal year | ||||||
14 | thereafter, if the amount appropriated for any fiscal year
is | ||||||
15 | less than the amount required for purposes of this Section, the | ||||||
16 | amount
required to eliminate any insufficient reimbursement | ||||||
17 | for each district claim
under this Section shall be reimbursed | ||||||
18 | on August 30 of the next fiscal
year. Payments required to | ||||||
19 | eliminate any insufficiency for prior
fiscal year claims shall | ||||||
20 | be made before any claims are paid for the current
fiscal year.
| ||||||
21 | The claim of a school district otherwise eligible to be | ||||||
22 | reimbursed in
accordance with Section 14-12.01 for the 1976-77 | ||||||
23 | school year but for
this amendatory Act of 1977 shall not be | ||||||
24 | paid unless the district ceases
to maintain such classes for | ||||||
25 | one entire school year.
| ||||||
26 | If a school district's current reimbursement payment for |
| |||||||
| |||||||
1 | the 1977-78
school year only is less than the prior year's | ||||||
2 | reimbursement payment
owed, the district shall be paid the | ||||||
3 | amount of the difference between
the payments in addition to | ||||||
4 | the current reimbursement payment, and the
amount so paid shall | ||||||
5 | be subtracted from the amount of prior year's
reimbursement | ||||||
6 | payment owed to the district.
| ||||||
7 | Regional superintendents may operate special education | ||||||
8 | classes for
children from orphanages, foster family homes, | ||||||
9 | children's homes , or State
housing units located within the | ||||||
10 | educational services region upon consent
of the school board | ||||||
11 | otherwise so obligated. In electing to assume the
powers and | ||||||
12 | duties of a school district in providing and maintaining such a
| ||||||
13 | special education program, the regional superintendent may | ||||||
14 | enter into joint
agreements with other districts and may | ||||||
15 | contract with public or private
schools or the orphanage, | ||||||
16 | foster family home, children's home , or State
housing unit for | ||||||
17 | provision of the special education program. The regional
| ||||||
18 | superintendent exercising the powers granted under this | ||||||
19 | Section shall claim
the reimbursement authorized by this | ||||||
20 | Section directly from the State Board
of Education.
| ||||||
21 | Any child who is not a resident of Illinois who is placed | ||||||
22 | in a child
welfare institution, private facility, foster family | ||||||
23 | home, State operated
program, orphanage , or children's home | ||||||
24 | shall have the payment for his
educational tuition and any | ||||||
25 | related services assured by the placing agent.
| ||||||
26 | For each student with a disability who is placed in a |
| |||||||
| |||||||
1 | residential facility by an Illinois public
agency or by any | ||||||
2 | court in this State, the costs for educating the student
are | ||||||
3 | eligible for reimbursement under this Section.
| ||||||
4 | The district of residence of the student with a disability | ||||||
5 | as
defined in Section 14-1.11a is responsible for the actual | ||||||
6 | costs of
the student's special education program and is | ||||||
7 | eligible for reimbursement under
this Section when placement is | ||||||
8 | made by a State agency or the courts.
| ||||||
9 | When a dispute arises over the determination of the | ||||||
10 | district of
residence under this Section, the district or | ||||||
11 | districts may appeal the decision in writing to
the State | ||||||
12 | Superintendent of Education, who, upon review of materials | ||||||
13 | submitted and any other items or information he or she may | ||||||
14 | request for submission, shall issue a written decision on the | ||||||
15 | matter. The decision of the State
Superintendent of Education | ||||||
16 | shall be final.
| ||||||
17 | In the event a district does not make a tuition
payment to | ||||||
18 | another district that is providing the special education
| ||||||
19 | program and services, the State Board of Education shall | ||||||
20 | immediately
withhold 125% of
the then remaining annual tuition | ||||||
21 | cost from the State aid or categorical
aid payment due to the
| ||||||
22 | school district that is determined to be the resident school | ||||||
23 | district. All
funds withheld by the State Board of Education | ||||||
24 | shall immediately be
forwarded to the
school district where the | ||||||
25 | student is being served.
| ||||||
26 | When a child eligible for services under this Section |
| |||||||
| |||||||
1 | 14-7.03 must be
placed in a nonpublic facility, that facility | ||||||
2 | shall meet the programmatic
requirements of Section 14-7.02 and | ||||||
3 | its regulations, and the educational
services shall be funded | ||||||
4 | only in accordance with this Section 14-7.03.
| ||||||
5 | (Source: P.A. 98-739, eff. 7-16-14; 99-143, eff. 7-27-15.)
| ||||||
6 | (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
| ||||||
7 | Sec. 14-13.01. Reimbursement payable by State; amounts for | ||||||
8 | personnel and transportation. | ||||||
9 | (a) Through fiscal year 2016, for For staff working on | ||||||
10 | behalf of children who have not been identified as eligible for | ||||||
11 | special
education and for eligible children with physical
| ||||||
12 | disabilities, including all
eligible children whose placement | ||||||
13 | has been determined under Section 14-8.02 in
hospital or home | ||||||
14 | instruction, 1/2 of the teacher's salary but not more than
| ||||||
15 | $1,000 annually per child or $9,000 per teacher, whichever is | ||||||
16 | less. | ||||||
17 | (a-5) A child qualifies for home or hospital instruction if | ||||||
18 | it is anticipated that, due to a medical condition, the child | ||||||
19 | will be unable to attend school, and instead must be instructed | ||||||
20 | at home or in the hospital, for a period of 2 or more | ||||||
21 | consecutive weeks or on an ongoing intermittent basis. For | ||||||
22 | purposes of this Section, "ongoing intermittent basis" means | ||||||
23 | that the child's medical condition is of such a nature or | ||||||
24 | severity that it is anticipated that the child will be absent | ||||||
25 | from school due to the medical condition for periods of at |
| |||||||
| |||||||
1 | least 2 days at a time multiple times during the school year | ||||||
2 | totaling at least 10 days or more of absences. There shall be | ||||||
3 | no requirement that a child be absent from school a minimum | ||||||
4 | number of days before the child qualifies for home or hospital | ||||||
5 | instruction. In order to establish eligibility for home or | ||||||
6 | hospital services, a student's parent or guardian must submit | ||||||
7 | to the child's school district of residence a written statement | ||||||
8 | from a physician licensed to practice medicine in all of its | ||||||
9 | branches stating the existence of such medical condition, the | ||||||
10 | impact on the child's ability to participate in education, and | ||||||
11 | the anticipated duration or nature of the child's absence from | ||||||
12 | school. Home or hospital instruction may commence upon receipt | ||||||
13 | of a written physician's statement in accordance with this | ||||||
14 | Section, but instruction shall commence not later than 5 school | ||||||
15 | days after the school district receives the physician's | ||||||
16 | statement. Special education and related services required by | ||||||
17 | the child's IEP or services and accommodations required by the | ||||||
18 | child's federal Section 504 plan must be implemented as part of | ||||||
19 | the child's home or hospital instruction, unless the IEP team | ||||||
20 | or federal Section 504 plan team determines that modifications | ||||||
21 | are necessary during the home or hospital instruction due to | ||||||
22 | the child's condition. | ||||||
23 | (a-10) Through fiscal year 2016, eligible Eligible | ||||||
24 | children
to be included in any reimbursement under this | ||||||
25 | paragraph must regularly
receive a minimum of one hour of | ||||||
26 | instruction each school day, or in lieu
thereof of a minimum of |
| |||||||
| |||||||
1 | 5 hours of instruction in each school week in
order to qualify | ||||||
2 | for full reimbursement under this Section. If the
attending | ||||||
3 | physician for such a child has certified that the child should
| ||||||
4 | not receive as many as 5 hours of instruction in a school week, | ||||||
5 | however,
reimbursement under this paragraph on account of that | ||||||
6 | child shall be
computed proportionate to the actual hours of | ||||||
7 | instruction per week for
that child divided by 5. | ||||||
8 | (a-15) The State Board of Education shall establish rules | ||||||
9 | governing the required qualifications of staff providing home | ||||||
10 | or hospital instruction.
| ||||||
11 | (b) For children described in Section 14-1.02, 80% of the | ||||||
12 | cost of
transportation approved as a related service in the | ||||||
13 | Individualized Education Program for each student
in order to | ||||||
14 | take advantage of special educational facilities.
| ||||||
15 | Transportation costs shall be determined in the same fashion as | ||||||
16 | provided
in Section 29-5 of this Code, provided that, | ||||||
17 | notwithstanding anything to the contrary contained in this | ||||||
18 | subsection (b) or Section 29-5 of this Code, the State Board of | ||||||
19 | Education shall award to a school district having a population | ||||||
20 | exceeding 500,000 inhabitants 30.7% of the funds appropriated | ||||||
21 | by the General Assembly for any fiscal year for purposes of | ||||||
22 | payment of transportation cost claims under this subsection | ||||||
23 | (b) . For purposes of this subsection (b), the dates for
| ||||||
24 | processing claims specified in Section 29-5 shall apply.
| ||||||
25 | (c) Through fiscal year 2016, for For each qualified | ||||||
26 | worker, the annual sum of
$9,000.
|
| |||||||
| |||||||
1 | (d) Through fiscal year 2016, for For one full time | ||||||
2 | qualified director of the special education
program of each | ||||||
3 | school district which maintains a fully approved program
of | ||||||
4 | special education the annual sum of $9,000. Districts | ||||||
5 | participating in a joint agreement special
education program | ||||||
6 | shall not receive such reimbursement if reimbursement is made
| ||||||
7 | for a director of the joint agreement program.
| ||||||
8 | (e) (Blank).
| ||||||
9 | (f) (Blank).
| ||||||
10 | (g) Through fiscal year 2016, for For readers, working with | ||||||
11 | blind or partially seeing children 1/2
of their salary but not | ||||||
12 | more than $400 annually per child. Readers may
be employed to | ||||||
13 | assist such children and shall not be required to be
certified | ||||||
14 | but prior to employment shall meet standards set up by the
| ||||||
15 | State Board of Education.
| ||||||
16 | (h) Through fiscal year 2016, for For non-certified | ||||||
17 | employees, as defined by rules promulgated by the State Board | ||||||
18 | of Education, who deliver services to students with IEPs, 1/2 | ||||||
19 | of the salary paid or
$3,500 per employee, whichever is less.
| ||||||
20 | (i) The State Board of Education shall set standards and | ||||||
21 | prescribe rules
for determining the allocation of | ||||||
22 | reimbursement under this section on
less than a full time basis | ||||||
23 | and for less than a school year.
| ||||||
24 | When any school district eligible for reimbursement under | ||||||
25 | this
Section operates a school or program approved by the State
| ||||||
26 | Superintendent of Education for a number of days in excess of |
| |||||||
| |||||||
1 | the
adopted school calendar but not to exceed 235 school days, | ||||||
2 | such
reimbursement shall be increased by 1/180 of the amount or | ||||||
3 | rate paid
hereunder for each day such school is operated in | ||||||
4 | excess of 180 days per
calendar year.
| ||||||
5 | Notwithstanding any other provision of law, any school | ||||||
6 | district receiving
a payment under this Section or under | ||||||
7 | Section 14-7.02, 14-7.02b, or
29-5 of this Code may classify | ||||||
8 | all or a portion of the funds that it receives
in a particular | ||||||
9 | fiscal year or from primary general State aid pursuant to | ||||||
10 | Section 18-8.15
18-8.05 of this Code as
funds received in | ||||||
11 | connection with any funding program for which it is
entitled to | ||||||
12 | receive funds from the State in that fiscal year (including,
| ||||||
13 | without limitation, any funding program referenced in this | ||||||
14 | Section),
regardless of the source or timing of the receipt. | ||||||
15 | The district may not
classify more funds as funds received in | ||||||
16 | connection with the funding
program than the district is | ||||||
17 | entitled to receive in that fiscal year for that
program. Any
| ||||||
18 | classification by a district must be made by a resolution of | ||||||
19 | its board of
education. The resolution must identify the amount | ||||||
20 | of any payments or primary
general State aid to be classified | ||||||
21 | under this paragraph and must specify
the funding program to | ||||||
22 | which the funds are to be treated as received in
connection | ||||||
23 | therewith. This resolution is controlling as to the
| ||||||
24 | classification of funds referenced therein. A certified copy of | ||||||
25 | the
resolution must be sent to the State Superintendent of | ||||||
26 | Education.
The resolution shall still take effect even though a |
| |||||||
| |||||||
1 | copy of the resolution has
not been sent to the State
| ||||||
2 | Superintendent of Education in a timely manner.
No
| ||||||
3 | classification under this paragraph by a district shall affect | ||||||
4 | the total amount
or timing of money the district is entitled to | ||||||
5 | receive under this Code.
No classification under this paragraph | ||||||
6 | by a district shall
in any way relieve the district from or | ||||||
7 | affect any
requirements that otherwise would apply with respect | ||||||
8 | to
that funding program, including any
accounting of funds by | ||||||
9 | source, reporting expenditures by
original source and purpose,
| ||||||
10 | reporting requirements,
or requirements of providing services.
| ||||||
11 | (Source: P.A. 96-257, eff. 8-11-09; 97-123, eff. 7-14-11.)
| ||||||
12 | (105 ILCS 5/14C-1) (from Ch. 122, par. 14C-1) | ||||||
13 | Sec. 14C-1. The General Assembly finds that there are large | ||||||
14 | numbers of children in
this State who come from environments | ||||||
15 | where the primary language is other
than English. Experience | ||||||
16 | has shown that public school classes in which
instruction is | ||||||
17 | given only in English are often inadequate for the education
of | ||||||
18 | children whose native tongue is another language. The General | ||||||
19 | Assembly
believes that a program of transitional bilingual | ||||||
20 | education can meet the
needs of these children and facilitate | ||||||
21 | their integration into the regular
public school curriculum. | ||||||
22 | Therefore, pursuant to the policy of this State
to ensure equal | ||||||
23 | educational opportunity to every child, and in recognition
of | ||||||
24 | the educational needs of English learners, it is the purpose of | ||||||
25 | this Act to provide for the establishment of
transitional |
| |||||||
| |||||||
1 | bilingual education programs in the public schools, to
provide | ||||||
2 | supplemental financial assistance through fiscal year 2016 to | ||||||
3 | help local school districts
meet the extra costs of such | ||||||
4 | programs, and to allow this State to directly or indirectly | ||||||
5 | provide technical assistance and professional development to | ||||||
6 | support transitional bilingual education programs statewide. | ||||||
7 | (Source: P.A. 99-30, eff. 7-10-15.)
| ||||||
8 | (105 ILCS 5/14C-12) (from Ch. 122, par. 14C-12)
| ||||||
9 | Sec. 14C-12. Account of expenditures; Cost report; | ||||||
10 | Reimbursement.
Each
school district with at least one English | ||||||
11 | learner shall keep an accurate, detailed and separate account | ||||||
12 | of
all monies paid out by it for the programs in transitional | ||||||
13 | bilingual education
required or permitted by this Article, | ||||||
14 | including transportation costs, and
shall annually report | ||||||
15 | thereon for the school year ending June 30 indicating
the | ||||||
16 | average per pupil expenditure. Through fiscal year 2016, each | ||||||
17 | Each school district shall be reimbursed
for the amount by | ||||||
18 | which such costs exceed the average per pupil expenditure
by | ||||||
19 | such school district for the education of children of | ||||||
20 | comparable age
who are not in any special education program. No | ||||||
21 | funding shall be provided to school districts under this | ||||||
22 | Section after fiscal year 2016. In fiscal year 2017 and each | ||||||
23 | fiscal year thereafter, all funding received by a school | ||||||
24 | district from the State pursuant to Sections 18-8.15 or 18-8.20 | ||||||
25 | of this Code that is attributable to English learner pupils or |
| |||||||
| |||||||
1 | staffing positions to support English learner pupils must be | ||||||
2 | used for programs and services authorized under this Article. | ||||||
3 | At least 60% of transitional bilingual education funding | ||||||
4 | received from the State must be used for the instructional | ||||||
5 | costs of programs and services authorized under this Article | ||||||
6 | transitional bilingual education .
| ||||||
7 | Applications for preapproval for reimbursement for costs | ||||||
8 | of transitional
bilingual education programs must be submitted | ||||||
9 | to the State Superintendent of
Education at least 60 days | ||||||
10 | before a transitional bilingual education program
is started, | ||||||
11 | unless a justifiable exception is granted by the State
| ||||||
12 | Superintendent of Education.
Applications shall set forth a | ||||||
13 | plan for transitional
bilingual education established and | ||||||
14 | maintained in accordance with this Article.
| ||||||
15 | Through fiscal year 2016, reimbursement Reimbursement | ||||||
16 | claims for transitional bilingual education programs shall
be | ||||||
17 | made as follows:
| ||||||
18 | Each school district shall claim reimbursement on a current | ||||||
19 | basis for the
first 3 quarters of the fiscal year and file a | ||||||
20 | final adjusted
claim
for the school year ended June 30 | ||||||
21 | preceding computed in accordance with rules
prescribed by the | ||||||
22 | State Superintendent's Office.
The State Superintendent
of
| ||||||
23 | Education before approving any such claims shall
determine | ||||||
24 | their accuracy and whether
they are based upon services and | ||||||
25 | facilities provided under approved programs.
Upon approval he | ||||||
26 | shall transmit to the Comptroller
the
vouchers showing the |
| |||||||
| |||||||
1 | amounts due for
school
district reimbursement claims. Upon | ||||||
2 | receipt of the
final adjusted
claims the State Superintendent | ||||||
3 | of Education shall make a final
determination of the
accuracy | ||||||
4 | of such claims. If the money appropriated by the General | ||||||
5 | Assembly
for such purpose for any year is insufficient, it | ||||||
6 | shall be apportioned on
the basis of the claims approved.
| ||||||
7 | Failure on the part of the school district to prepare and | ||||||
8 | certify the final
adjusted claims due under this Section may | ||||||
9 | constitute a forfeiture
by the school district of its right to | ||||||
10 | be reimbursed by the State under this
Section.
| ||||||
11 | (Source: P.A. 96-1170, eff. 1-1-11.)
| ||||||
12 | (105 ILCS 5/17-1) (from Ch. 122, par. 17-1)
| ||||||
13 | Sec. 17-1. Annual Budget. The board of education of each | ||||||
14 | school
district under 500,000 inhabitants shall, within or | ||||||
15 | before the first
quarter of each fiscal year, adopt and file | ||||||
16 | with the State Board of Education an annual balanced budget | ||||||
17 | which it deems
necessary to defray all necessary expenses and | ||||||
18 | liabilities of the
district, and in such annual budget shall | ||||||
19 | specify the objects and
purposes of each item and amount needed | ||||||
20 | for each object or purpose.
| ||||||
21 | The budget shall be entered upon a School District Budget | ||||||
22 | form prepared
and provided by the State Board of Education and | ||||||
23 | therein shall contain
a statement of the cash on hand at the
| ||||||
24 | beginning of the fiscal year, an estimate of the cash expected | ||||||
25 | to be
received during such fiscal year from all sources, an |
| |||||||
| |||||||
1 | estimate of the
expenditures contemplated for such fiscal year, | ||||||
2 | and a statement of the
estimated cash expected to be on hand at | ||||||
3 | the end of such year. The
estimate of taxes to be received may | ||||||
4 | be based upon the amount of actual
cash receipts that may | ||||||
5 | reasonably be expected by the district during
such fiscal year, | ||||||
6 | estimated from the experience of the district in prior
years | ||||||
7 | and with due regard for other circumstances that may | ||||||
8 | substantially
affect such receipts. Nothing in this Section | ||||||
9 | shall be construed as
requiring any district to change or | ||||||
10 | preventing any district from
changing from a cash basis of | ||||||
11 | financing to a surplus or deficit basis of
financing; or as | ||||||
12 | requiring any district to change or preventing any
district | ||||||
13 | from changing its system of accounting. For the 2018-2019 | ||||||
14 | school year and thereafter, the budget shall conform to the | ||||||
15 | school level accounting requirements adopted by the State Board | ||||||
16 | of Education pursuant to Section 2-3.28 of this Code.
| ||||||
17 | To the extent that a school district's budget is not | ||||||
18 | balanced, the district shall also adopt and file with the State | ||||||
19 | Board of Education a deficit reduction plan to balance the | ||||||
20 | district's budget within 3 years. The deficit reduction plan | ||||||
21 | must be filed at the same time as the budget, but the State | ||||||
22 | Superintendent of Education may extend this deadline if the | ||||||
23 | situation warrants.
| ||||||
24 | If, as the result of an audit performed in compliance with | ||||||
25 | Section 3-7 of this Code, the resulting Annual Financial Report | ||||||
26 | required to be submitted pursuant to Section 3-15.1 of this |
| |||||||
| |||||||
1 | Code reflects a deficit as defined for purposes of the | ||||||
2 | preceding paragraph, then the district shall, within 30 days | ||||||
3 | after acceptance of such audit report, submit a deficit | ||||||
4 | reduction plan. | ||||||
5 | The board of education of each district shall fix a fiscal | ||||||
6 | year
therefor. If the beginning of the fiscal year of a | ||||||
7 | district is
subsequent to the time that the tax levy due to be | ||||||
8 | made in such
fiscal year shall be
made, then such annual budget | ||||||
9 | shall be adopted prior to the time such
tax levy shall be made.
| ||||||
10 | The failure by a board of education of any district to adopt an | ||||||
11 | annual
budget, or to comply in any respect with the provisions | ||||||
12 | of this Section, shall
not affect the validity of any tax levy | ||||||
13 | of the district otherwise in
conformity with the law. With | ||||||
14 | respect to taxes levied either before, on, or
after the | ||||||
15 | effective date of this amendatory Act of the 91st General | ||||||
16 | Assembly,
(i) a tax levy is made
for the fiscal year in which | ||||||
17 | the levy is due to be made regardless of which
fiscal year the | ||||||
18 | proceeds of the levy are expended or are intended to be
| ||||||
19 | expended, and (ii) except as otherwise provided by law, a board | ||||||
20 | of education's
adoption of
an annual budget in conformity with | ||||||
21 | this Section is not a prerequisite to the
adoption of a valid | ||||||
22 | tax levy and is not a limit on the amount of the levy.
| ||||||
23 | Such budget shall be prepared in tentative form by some | ||||||
24 | person or
persons designated by the board, and in such | ||||||
25 | tentative form shall be
made conveniently available to public | ||||||
26 | inspection for at least 30 days
prior to final action thereon. |
| |||||||
| |||||||
1 | At least 1 public hearing shall be held
as to such budget prior | ||||||
2 | to final action thereon. Notice of availability
for public | ||||||
3 | inspection and of such public hearing shall be given by
| ||||||
4 | publication in a newspaper published in such district, at least | ||||||
5 | 30 days
prior to the time of such hearing. If there is no | ||||||
6 | newspaper published
in such district, notice of such public | ||||||
7 | hearing shall be given by
posting notices thereof in 5 of the | ||||||
8 | most public places in such district.
It shall be the duty of | ||||||
9 | the secretary of such board to make such
tentative budget | ||||||
10 | available to public inspection, and to arrange for such
public | ||||||
11 | hearing. The board may from time to time make transfers between
| ||||||
12 | the various items in any fund not exceeding in the aggregate | ||||||
13 | 10% of the
total of such fund as set forth in the budget. The | ||||||
14 | board may from time
to time amend such budget by the same | ||||||
15 | procedure as is herein provided
for its original adoption.
| ||||||
16 | Beginning July 1, 1976, the board of education, or regional
| ||||||
17 | superintendent, or governing board responsible for the | ||||||
18 | administration of
a joint agreement shall, by September 1 of | ||||||
19 | each
fiscal year thereafter, adopt an annual budget for the | ||||||
20 | joint agreement
in the same manner and subject to the same | ||||||
21 | requirements as are provided
in this Section.
| ||||||
22 | The State Board of Education shall exercise powers and | ||||||
23 | duties
relating to budgets as provided in Section 2-3.27 of | ||||||
24 | this Code and shall require school districts to submit their | ||||||
25 | annual budgets, deficit reduction plans, and other financial | ||||||
26 | information, including revenue and expenditure reports and |
| |||||||
| |||||||
1 | borrowing and interfund transfer plans, in such form and within | ||||||
2 | the timelines designated by the State Board of Education.
| ||||||
3 | By fiscal year 1982 all school districts shall use the | ||||||
4 | Program Budget
Accounting System.
| ||||||
5 | In the case of a school district receiving emergency State | ||||||
6 | financial
assistance under Article 1B, the school board shall | ||||||
7 | also be subject to the
requirements
established under Article | ||||||
8 | 1B with respect to the annual budget.
| ||||||
9 | (Source: P.A. 97-429, eff. 8-16-11.)
| ||||||
10 | (105 ILCS 5/17-1.2)
| ||||||
11 | Sec. 17-1.2. Post annual budget on web site. If a school | ||||||
12 | district
has an Internet web site, the school district shall | ||||||
13 | post its current annual
budget,
itemized by receipts and | ||||||
14 | expenditures, on the district's Internet web site. For the | ||||||
15 | 2018-2019 school year and thereafter, the budget shall include | ||||||
16 | school level information conforming to the rules adopted by the | ||||||
17 | State Board of Education pursuant to Section 2-3.28 of this | ||||||
18 | Code.
The school district shall notify the parents or guardians | ||||||
19 | of its students
that the budget has been posted on the | ||||||
20 | district's web site and what
the web site's address is.
| ||||||
21 | (Source: P.A. 92-438, eff. 1-1-02.)
| ||||||
22 | (105 ILCS 5/17-1.5)
| ||||||
23 | Sec. 17-1.5. Limitation of administrative costs.
| ||||||
24 | (a) It is the purpose of this Section to establish |
| |||||||
| |||||||
1 | limitations on the growth
of administrative expenditures in | ||||||
2 | order to maximize the proportion of school
district resources | ||||||
3 | available for the instructional program, building
maintenance, | ||||||
4 | and safety services for the students of each district.
| ||||||
5 | (b) Definitions. For the purposes of this Section:
| ||||||
6 | "Administrative expenditures" mean the annual expenditures | ||||||
7 | of
school districts properly attributable to expenditure | ||||||
8 | functions defined by the
rules of the State Board of Education | ||||||
9 | as: 2320 (Executive Administration Services);
2330 (Special | ||||||
10 | Area Administration Services); 2490 (Other Support Services -
| ||||||
11 | School Administration); 2510 (Direction of Business Support | ||||||
12 | Services); 2570
(Internal Services); and 2610 (Direction of | ||||||
13 | Central
Support Services); provided, however, that | ||||||
14 | "administrative expenditures" shall
not include early | ||||||
15 | retirement or other pension system obligations required by
| ||||||
16 | State law.
| ||||||
17 | "School district" means all school districts having a | ||||||
18 | population of less than
500,000.
| ||||||
19 | (c) For the 1998-99 school year and each school year | ||||||
20 | thereafter, each school
district shall undertake budgetary and | ||||||
21 | expenditure control actions so that the
increase in | ||||||
22 | administrative expenditures for that school year over the prior
| ||||||
23 | school year does not exceed 5%.
School districts with | ||||||
24 | administrative expenditures per pupil
in the 25th
percentile | ||||||
25 | and below for all districts of the same type,
as defined by the | ||||||
26 | State Board of Education,
may waive the limitation imposed |
| |||||||
| |||||||
1 | under this Section for any year following a
public hearing and | ||||||
2 | with the
affirmative vote of at least two-thirds of the members | ||||||
3 | of the school board of
the
district. Any district waiving the | ||||||
4 | limitation shall notify the State Board
within 45 days of such | ||||||
5 | action.
| ||||||
6 | (d) School districts shall file with the State Board of | ||||||
7 | Education by
November 15, 1998 and
by each November 15th | ||||||
8 | thereafter a one-page report that lists
(i) the actual
| ||||||
9 | administrative expenditures for
the
prior year from the | ||||||
10 | district's audited Annual Financial Report, and (ii) the
| ||||||
11 | projected administrative expenditures for the current year | ||||||
12 | from the budget adopted by the school board
pursuant to Section | ||||||
13 | 17-1 of this Code.
| ||||||
14 | If a school district that is ineligible to waive the | ||||||
15 | limitation imposed by
subsection (c) of this Section by board | ||||||
16 | action exceeds the limitation
solely because of circumstances | ||||||
17 | beyond
the control of the district and the district has | ||||||
18 | exhausted all available and
reasonable remedies to comply with | ||||||
19 | the limitation, the district may request a
waiver pursuant to | ||||||
20 | Section 2-3.25g. The waiver application shall specify the
| ||||||
21 | amount,
nature, and reason for the relief requested, as well as | ||||||
22 | all remedies the
district has exhausted to comply with the | ||||||
23 | limitation.
Any emergency relief so requested shall apply only | ||||||
24 | to the specific
school year for which the request is made. The | ||||||
25 | State Board of Education shall
analyze all such waivers | ||||||
26 | submitted and shall recommend that the General
Assembly |
| |||||||
| |||||||
1 | disapprove any such waiver requested that is not due solely to
| ||||||
2 | circumstances beyond the control of the district and for which | ||||||
3 | the district has
not exhausted all available and reasonable | ||||||
4 | remedies to comply with the
limitation. The State | ||||||
5 | Superintendent shall have
no authority to impose any sanctions | ||||||
6 | pursuant to this Section for any
expenditures for which a | ||||||
7 | waiver has been requested until such waiver has been
reviewed | ||||||
8 | by the General Assembly.
| ||||||
9 | If the report and information required
under this
| ||||||
10 | subsection (d) are not provided by the school district in a | ||||||
11 | timely
manner, or are subsequently determined by
the State | ||||||
12 | Superintendent of Education
to be incomplete or inaccurate, the | ||||||
13 | State Superintendent shall notify the
district in writing of | ||||||
14 | reporting deficiencies. The school district shall,
within 60 | ||||||
15 | days of the notice, address the reporting deficiencies | ||||||
16 | identified.
| ||||||
17 | (e) If the State Superintendent determines that a school | ||||||
18 | district has failed
to comply with the administrative | ||||||
19 | expenditure limitation imposed in subsection
(c) of this | ||||||
20 | Section,
the
State Superintendent shall notify the district of | ||||||
21 | the violation and direct the
district to undertake corrective | ||||||
22 | action to bring the district's budget into
compliance with the | ||||||
23 | administrative expenditure limitation. The district shall,
| ||||||
24 | within 60 days of the notice, provide adequate assurance to the | ||||||
25 | State
Superintendent that appropriate corrective actions have | ||||||
26 | been or will be taken.
If the district fails to provide |
| |||||||
| |||||||
1 | adequate assurance or fails to undertake the
necessary | ||||||
2 | corrective actions, the State Superintendent may impose | ||||||
3 | progressive
sanctions against the district that may culminate | ||||||
4 | in withholding
all
subsequent payments of general State aid due | ||||||
5 | the district under Section
18-8.05 of
this Code or primary | ||||||
6 | State
aid due the district under Section 18-8.15 of this Code
| ||||||
7 | until the assurance is provided or the corrective actions | ||||||
8 | taken.
| ||||||
9 | (f) The State Superintendent shall publish a list each year | ||||||
10 | of the school
districts that violate the limitation imposed by | ||||||
11 | subsection (c) of this
Section and a list of the districts that | ||||||
12 | waive the limitation by board
action as provided in subsection | ||||||
13 | (c) of this Section.
| ||||||
14 | (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)
| ||||||
15 | (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11) | ||||||
16 | Sec. 17-2.11. School board power to levy a tax or to borrow | ||||||
17 | money and
issue bonds for fire prevention, safety, energy | ||||||
18 | conservation,
accessibility, school security, and specified | ||||||
19 | repair purposes. | ||||||
20 | (a) Whenever, as a
result of any lawful order of any | ||||||
21 | agency,
other than a school board, having authority to enforce | ||||||
22 | any school building code
applicable to any facility that houses | ||||||
23 | students, or any law or regulation for
the protection and | ||||||
24 | safety of the environment, pursuant to the Environmental
| ||||||
25 | Protection Act, any school district having a population of less |
| |||||||
| |||||||
1 | than 500,000
inhabitants is required to alter or reconstruct | ||||||
2 | any school building or
permanent, fixed equipment; the district | ||||||
3 | may, by proper resolution, levy a tax for the purpose of making | ||||||
4 | such alteration or reconstruction, based on a survey report by | ||||||
5 | an architect or engineer licensed in this State, upon all of | ||||||
6 | the taxable property of the district at the value as assessed | ||||||
7 | by the Department of Revenue and at a rate not to exceed 0.05% | ||||||
8 | per year for a period sufficient to finance such alteration or | ||||||
9 | reconstruction, upon the following conditions: | ||||||
10 | (1) When there are not sufficient funds available in | ||||||
11 | the operations and maintenance fund of the school district, | ||||||
12 | the school facility occupation tax fund of the district, or | ||||||
13 | the fire prevention and safety fund of the district, as | ||||||
14 | determined by the district on the basis of rules adopted by | ||||||
15 | the State Board of Education, to make such alteration or | ||||||
16 | reconstruction or to purchase and install such permanent, | ||||||
17 | fixed equipment so ordered or determined as necessary. | ||||||
18 | Appropriate school district records must be made available | ||||||
19 | to the State Superintendent of Education, upon request, to | ||||||
20 | confirm this insufficiency. | ||||||
21 | (2) When a certified estimate of an architect or | ||||||
22 | engineer licensed in this State stating the estimated | ||||||
23 | amount necessary to make the alteration or reconstruction | ||||||
24 | or to purchase and install the equipment so ordered has | ||||||
25 | been secured by the school district, and the estimate has | ||||||
26 | been approved by the regional superintendent of schools |
| |||||||
| |||||||
1 | having jurisdiction over the district and the State | ||||||
2 | Superintendent of Education. Approval must not be granted | ||||||
3 | for any work that has already started without the prior | ||||||
4 | express authorization of the State Superintendent of | ||||||
5 | Education. If the estimate is not approved or is denied | ||||||
6 | approval by the regional superintendent of schools within 3 | ||||||
7 | months after the date on which it is submitted to him or | ||||||
8 | her, the school board of the district may submit the | ||||||
9 | estimate directly to the State Superintendent of Education | ||||||
10 | for approval or denial. | ||||||
11 | In the case of an emergency situation, where the estimated | ||||||
12 | cost to effectuate emergency repairs is less than the amount | ||||||
13 | specified in Section 10-20.21 of this Code, the school district | ||||||
14 | may proceed with such repairs prior to approval by the State | ||||||
15 | Superintendent of Education, but shall comply with the | ||||||
16 | provisions of subdivision (2) of this subsection (a) as soon | ||||||
17 | thereafter as may be as well as Section 10-20.21 of this Code. | ||||||
18 | If the estimated cost to effectuate emergency repairs is | ||||||
19 | greater than the amount specified in Section 10-20.21 of this | ||||||
20 | Code, then the school district shall proceed in conformity with | ||||||
21 | Section 10-20.21 of this Code and with rules established by the | ||||||
22 | State Board of Education to address such situations. The rules | ||||||
23 | adopted by the State Board of Education to deal with these | ||||||
24 | situations shall stipulate that emergency situations must be | ||||||
25 | expedited and given priority consideration. For purposes of | ||||||
26 | this paragraph, an emergency is a situation that presents an |
| |||||||
| |||||||
1 | imminent and continuing threat to the health and safety of | ||||||
2 | students or other occupants of a facility, requires complete or | ||||||
3 | partial evacuation of a building or part of a building, or | ||||||
4 | consumes one or more of the 5 emergency days built into the | ||||||
5 | adopted calendar of the school or schools or would otherwise be | ||||||
6 | expected to cause such school or schools to fall short of the | ||||||
7 | minimum school calendar requirements. | ||||||
8 | (b) Whenever any such district determines that
it is | ||||||
9 | necessary for energy conservation purposes that any school | ||||||
10 | building
or permanent, fixed equipment should be altered or | ||||||
11 | reconstructed and
that such alterations or reconstruction will | ||||||
12 | be made with funds not necessary
for the completion of approved | ||||||
13 | and recommended projects contained in any safety
survey report | ||||||
14 | or amendments thereto authorized by Section 2-3.12 of this Act; | ||||||
15 | the district may levy a tax or issue bonds as provided in | ||||||
16 | subsection (a) of this Section. | ||||||
17 | (c) Whenever
any such district determines that it is | ||||||
18 | necessary for accessibility purposes and to comply with the | ||||||
19 | school building
code that any
school building or equipment | ||||||
20 | should be altered or reconstructed and that such
alterations or | ||||||
21 | reconstruction will be made with
funds not necessary for the | ||||||
22 | completion of approved and recommended projects
contained in | ||||||
23 | any safety survey report or amendments thereto authorized under
| ||||||
24 | Section 2-3.12 of this Act, the district may levy a tax or | ||||||
25 | issue bonds as provided in subsection (a) of this Section. | ||||||
26 | (d) Whenever any such district determines that it is
|
| |||||||
| |||||||
1 | necessary for school
security purposes and the related | ||||||
2 | protection and safety of pupils and school
personnel that any | ||||||
3 | school building or property should be altered or
reconstructed | ||||||
4 | or that security systems and equipment (including but not | ||||||
5 | limited
to intercom, early detection and warning, access | ||||||
6 | control and television
monitoring systems) should be purchased | ||||||
7 | and installed, and that such
alterations, reconstruction or | ||||||
8 | purchase and installation of equipment will be
made with funds | ||||||
9 | not necessary for the completion of approved and recommended
| ||||||
10 | projects contained in any safety survey report or amendment | ||||||
11 | thereto authorized
by Section 2-3.12 of this Act and will deter | ||||||
12 | and prevent unauthorized entry or
activities upon school | ||||||
13 | property by unknown or dangerous persons, assure early
| ||||||
14 | detection and advance warning of any such actual or attempted | ||||||
15 | unauthorized
entry or activities and help assure the continued | ||||||
16 | safety of pupils and school
staff if any such unauthorized | ||||||
17 | entry or activity is attempted or occurs;
the district may levy | ||||||
18 | a tax or issue bonds as provided in subsection (a) of this | ||||||
19 | Section. | ||||||
20 | (e) If a school district does not need funds for other fire | ||||||
21 | prevention and
safety projects, including the completion of | ||||||
22 | approved and recommended projects
contained in any safety | ||||||
23 | survey report or amendments thereto authorized by
Section | ||||||
24 | 2-3.12 of this Act, and it is determined after a public hearing | ||||||
25 | (which
is preceded by at least one published notice (i) | ||||||
26 | occurring at least 7 days
prior to the hearing in a newspaper |
| |||||||
| |||||||
1 | of general circulation within the school
district and (ii) | ||||||
2 | setting forth the time, date, place, and general subject
matter | ||||||
3 | of the hearing) that there is a
substantial, immediate, and | ||||||
4 | otherwise unavoidable threat to the health, safety,
or welfare | ||||||
5 | of pupils due to disrepair of school sidewalks, playgrounds, | ||||||
6 | parking
lots, or school bus turnarounds and repairs must be | ||||||
7 | made; then the district may levy a tax or issue bonds as | ||||||
8 | provided in subsection (a) of this Section. | ||||||
9 | (f) For purposes of this Section a school district may | ||||||
10 | replace a school
building or build additions to replace | ||||||
11 | portions of a building when it is
determined that the | ||||||
12 | effectuation of the recommendations for the existing
building | ||||||
13 | will cost more than the replacement costs. Such determination | ||||||
14 | shall
be based on a comparison of estimated costs made by an | ||||||
15 | architect or engineer
licensed in the State of Illinois. The | ||||||
16 | new building or addition shall be
equivalent in area (square | ||||||
17 | feet) and comparable in purpose and grades served
and may be on | ||||||
18 | the same site or another site. Such replacement may only be | ||||||
19 | done
upon order of the regional superintendent of schools and | ||||||
20 | the approval of the
State Superintendent of Education. | ||||||
21 | (g) The filing of a certified copy of the resolution | ||||||
22 | levying the tax when
accompanied by the certificates of the | ||||||
23 | regional superintendent of schools and
State Superintendent of | ||||||
24 | Education shall be the authority of the county clerk to
extend | ||||||
25 | such tax. | ||||||
26 | (h) The county clerk of the county in which any school |
| |||||||
| |||||||
1 | district levying a
tax under the authority of this Section is | ||||||
2 | located, in reducing raised
levies, shall not consider any such | ||||||
3 | tax as a part of the general levy
for school purposes and shall | ||||||
4 | not include the same in the limitation of
any other tax rate | ||||||
5 | which may be extended. | ||||||
6 | Such tax shall be levied and collected in like manner as | ||||||
7 | all other
taxes of school districts, subject to the provisions | ||||||
8 | contained in this Section. | ||||||
9 | (i) The tax rate limit specified in this Section may be | ||||||
10 | increased to .10%
upon the approval of a proposition to effect | ||||||
11 | such increase by a majority
of the electors voting on that | ||||||
12 | proposition at a regular scheduled election.
Such proposition | ||||||
13 | may be initiated by resolution of the school board and
shall be | ||||||
14 | certified by the secretary to the proper election authorities | ||||||
15 | for
submission in accordance with the general election law. | ||||||
16 | (j) When taxes are levied by any school district for fire | ||||||
17 | prevention,
safety, energy conservation, and school security | ||||||
18 | purposes as specified in this
Section, and the purposes for | ||||||
19 | which the taxes have been
levied are accomplished and paid in | ||||||
20 | full, and there remain funds on hand in
the Fire Prevention and | ||||||
21 | Safety Fund from the proceeds of the taxes levied,
including | ||||||
22 | interest earnings thereon, the school board by resolution shall | ||||||
23 | use
such excess and other board restricted funds, excluding | ||||||
24 | bond proceeds and
earnings from such proceeds, as follows: | ||||||
25 | (1) for other authorized fire prevention,
safety, | ||||||
26 | energy conservation, and school security purposes and for |
| |||||||
| |||||||
1 | required safety inspections;
or | ||||||
2 | (2) for transfer to the Operations and Maintenance Fund
| ||||||
3 | for the purpose of abating an equal amount of operations | ||||||
4 | and maintenance
purposes taxes. | ||||||
5 | Notwithstanding subdivision (2) of this subsection (j) and | ||||||
6 | subsection (k) of this Section, through June 30, 2019 2016 , the | ||||||
7 | school board
may, by proper resolution following a public | ||||||
8 | hearing set by the
school board or the president of the school | ||||||
9 | board (that is
preceded (i) by at least one published notice | ||||||
10 | over the name of
the clerk or secretary of the board, occurring | ||||||
11 | at least 7 days
and not more than 30 days prior to the hearing, | ||||||
12 | in a newspaper
of general circulation within the school | ||||||
13 | district and (ii) by
posted notice over the name of the clerk | ||||||
14 | or secretary of the
board, at least 48 hours before the | ||||||
15 | hearing, at the principal
office of the school board or at the | ||||||
16 | building where the hearing
is to be held if a principal office | ||||||
17 | does not exist, with both
notices setting forth the time, date, | ||||||
18 | place, and subject matter
of the hearing), transfer surplus | ||||||
19 | life safety taxes and interest earnings thereon to the | ||||||
20 | Operations and Maintenance Fund for building repair work. | ||||||
21 | (k) If any transfer is made to the Operation and | ||||||
22 | Maintenance
Fund, the secretary of the school board shall | ||||||
23 | within 30 days notify
the county clerk of the amount of that | ||||||
24 | transfer and direct the clerk to
abate the taxes to be extended | ||||||
25 | for the purposes of operations and
maintenance authorized under | ||||||
26 | Section 17-2 of this Act by an amount equal
to such transfer. |
| |||||||
| |||||||
1 | (l) If the proceeds from the tax levy authorized by this
| ||||||
2 | Section are insufficient to complete the work approved under | ||||||
3 | this
Section, the school board is authorized to sell bonds | ||||||
4 | without referendum
under the provisions of this Section in an | ||||||
5 | amount that, when added to the
proceeds of the tax levy | ||||||
6 | authorized by this Section, will allow completion
of the | ||||||
7 | approved work. | ||||||
8 | (m) Any bonds issued pursuant to this Section shall bear | ||||||
9 | interest at a rate not to exceed the maximum rate
authorized by | ||||||
10 | law at the time of the making of the contract, shall mature
| ||||||
11 | within 20 years from date, and shall be signed by the president | ||||||
12 | of the school
board and the treasurer of the school district. | ||||||
13 | (n) In order to authorize and issue such bonds, the school | ||||||
14 | board shall adopt
a resolution fixing the amount of bonds, the | ||||||
15 | date thereof, the maturities
thereof, rates of interest | ||||||
16 | thereof, place of payment and denomination,
which shall be in | ||||||
17 | denominations of not less than $100 and not more than
$5,000, | ||||||
18 | and provide for the levy and collection of a direct annual tax | ||||||
19 | upon
all the taxable property in the school district sufficient | ||||||
20 | to pay the
principal and interest on such bonds to maturity. | ||||||
21 | Upon the filing in the
office of the county clerk of the county | ||||||
22 | in which the school district is
located of a certified copy of | ||||||
23 | the resolution, it is the duty of the
county clerk to extend | ||||||
24 | the tax therefor in addition to and in excess of all
other | ||||||
25 | taxes heretofore or hereafter authorized to be
levied by such | ||||||
26 | school district. |
| |||||||
| |||||||
1 | (o) After the time such bonds are issued as provided for by | ||||||
2 | this Section, if
additional alterations or reconstructions are | ||||||
3 | required to be made because
of surveys conducted by an | ||||||
4 | architect or engineer licensed in the State of
Illinois, the | ||||||
5 | district may levy a tax at a rate not to exceed .05% per year
| ||||||
6 | upon all the taxable property of the district or issue | ||||||
7 | additional bonds,
whichever action shall be the most feasible. | ||||||
8 | (p) This Section is cumulative and constitutes complete | ||||||
9 | authority for the
issuance of bonds as provided in this Section | ||||||
10 | notwithstanding any other
statute or law to the contrary. | ||||||
11 | (q) With respect to instruments for the payment of money | ||||||
12 | issued under this
Section either before, on, or after the | ||||||
13 | effective date of Public Act 86-004
(June 6, 1989), it is, and | ||||||
14 | always has been, the intention of the General
Assembly (i) that | ||||||
15 | the Omnibus Bond Acts are, and always have been,
supplementary | ||||||
16 | grants of power to issue instruments in accordance with the
| ||||||
17 | Omnibus Bond Acts, regardless of any provision of this Act that | ||||||
18 | may appear
to be or to have been more restrictive than those | ||||||
19 | Acts, (ii) that the
provisions of this Section are not a | ||||||
20 | limitation on the supplementary
authority granted by the | ||||||
21 | Omnibus Bond Acts, and (iii) that instruments
issued under this | ||||||
22 | Section within the supplementary authority granted by the
| ||||||
23 | Omnibus Bond Acts are not invalid because of any provision of | ||||||
24 | this Act that
may appear to be or to have been more restrictive | ||||||
25 | than those Acts. | ||||||
26 | (r) When the purposes for which the bonds are issued have |
| |||||||
| |||||||
1 | been accomplished
and paid for in full and there remain funds | ||||||
2 | on hand from the proceeds of
the bond sale and interest | ||||||
3 | earnings therefrom, the board shall, by
resolution, use such | ||||||
4 | excess funds in accordance with the provisions of
Section | ||||||
5 | 10-22.14 of this Act. | ||||||
6 | (s) Whenever any tax is levied or bonds issued for fire | ||||||
7 | prevention, safety,
energy conservation, and school security | ||||||
8 | purposes, such proceeds shall be
deposited and accounted for | ||||||
9 | separately within the Fire Prevention and Safety
Fund. | ||||||
10 | (Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14; | ||||||
11 | 99-143, eff. 7-27-15.)
| ||||||
12 | (105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A)
| ||||||
13 | Sec. 17-2A. Interfund Transfers. | ||||||
14 | (a) The school board of any district having a population of | ||||||
15 | less than
500,000 inhabitants may, by proper resolution | ||||||
16 | following a public hearing
set by the school board or the | ||||||
17 | president of the school board
(that is preceded (i) by at least | ||||||
18 | one published notice over the name of
the clerk
or secretary of | ||||||
19 | the board, occurring at least 7 days and not more than 30
days
| ||||||
20 | prior to the hearing, in a newspaper of general circulation | ||||||
21 | within the
school
district and (ii) by posted notice over the | ||||||
22 | name of the clerk or secretary of
the board, at least 48 hours | ||||||
23 | before the hearing, at the principal office of the
school board | ||||||
24 | or at the building where the hearing is to be held if a | ||||||
25 | principal
office does not exist, with both notices setting |
| |||||||
| |||||||
1 | forth the time, date, place,
and subject matter of the
| ||||||
2 | hearing), transfer money from (1) the Educational Fund to the | ||||||
3 | Operations
and
Maintenance Fund or the Transportation Fund, (2) | ||||||
4 | the Operations and
Maintenance Fund to the Educational Fund or | ||||||
5 | the Transportation Fund, or (3) the
Transportation Fund to the | ||||||
6 | Educational Fund or the Operations and Maintenance
Fund of said
| ||||||
7 | district,
provided that, except during the period from July 1, | ||||||
8 | 2003 through June 30, 2019 2016 , such transfer is made solely | ||||||
9 | for the purpose of meeting one-time,
non-recurring expenses. | ||||||
10 | Except during the period from July 1, 2003 through
June 30, | ||||||
11 | 2019 2016 and except as otherwise provided in subsection (b) of | ||||||
12 | this Section, any other permanent interfund transfers | ||||||
13 | authorized
by any provision or judicial interpretation of this | ||||||
14 | Code for which the
transferee fund is not precisely and | ||||||
15 | specifically set forth in the provision of
this Code | ||||||
16 | authorizing such transfer shall be made to the fund of the | ||||||
17 | school
district most in need of the funds being transferred, as | ||||||
18 | determined by
resolution of the school board. | ||||||
19 | (b) Notwithstanding subsection (a) of this Section or any
| ||||||
20 | other provision of this Code to the contrary, the school board
| ||||||
21 | of any school district (i) that is subject to the Property Tax
| ||||||
22 | Extension Limitation Law, (ii) that has a population of less
| ||||||
23 | than 500,000 inhabitants, (iii) that is levying at its maximum
| ||||||
24 | tax rate, (iv) whose total equalized assessed valuation has
| ||||||
25 | declined 20% in the prior 2 years, (v) in which 80% or more
of | ||||||
26 | its students receive free or reduced-price lunch, and (vi) that |
| |||||||
| |||||||
1 | had an equalized assessed valuation of less than $207 million | ||||||
2 | but more than $203 million in the 2011 levy year may annually, | ||||||
3 | until July 1, 2016, transfer money from any fund of the | ||||||
4 | district, other than the Illinois Municipal Retirement Fund and | ||||||
5 | the Bonds and Interest Fund, to the educational fund, the | ||||||
6 | operations and maintenance fund, or the transportation fund of | ||||||
7 | the district by proper resolution following a public hearing | ||||||
8 | set by the school board or the president of the school board, | ||||||
9 | with notice as provided in subsection (a) of this Section, so | ||||||
10 | long as the district meets the qualifications set forth in this | ||||||
11 | subsection (b) on the effective date of this amendatory Act of | ||||||
12 | the 98th General Assembly even if the district does not meet | ||||||
13 | those qualifications at the time a given transfer is made.
| ||||||
14 | (Source: P.A. 98-26, eff. 6-21-13; 98-131, eff. 1-1-14.)
| ||||||
15 | (105 ILCS 5/17-3.6 new) | ||||||
16 | Sec. 17-3.6. Educational purposes tax rate for school | ||||||
17 | districts subject to Property Tax Extension Limitation Law. | ||||||
18 | Notwithstanding the provisions, requirements, or limitations | ||||||
19 | of this Code or any other law, any tax levied for educational | ||||||
20 | purposes by a school district subject to the Property Tax | ||||||
21 | Extension Limitation Law for the 2015 levy year or any | ||||||
22 | subsequent levy year may be extended at a rate exceeding the | ||||||
23 | rate established for educational purposes by referendum or this | ||||||
24 | Code, provided that the rate does not cause the school district | ||||||
25 | to exceed the limiting rate applicable to the school district |
| |||||||
| |||||||
1 | under the Property Tax Extension Limitation Law for that levy | ||||||
2 | year.
| ||||||
3 | (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
| ||||||
4 | Sec. 18-4.3. Summer school grants. Through fiscal year | ||||||
5 | 2016, grants Grants shall be determined for
pupil attendance in | ||||||
6 | summer schools conducted under Sections 10-22.33A
and 34-18 and | ||||||
7 | approved under Section 2-3.25 in the following manner.
| ||||||
8 | The amount of grant for each accredited summer school | ||||||
9 | attendance pupil shall
be obtained by dividing the total amount | ||||||
10 | of apportionments determined under Section 18-8.05 by the
| ||||||
11 | actual
number of pupils in average daily attendance used for | ||||||
12 | such
apportionments. The number of credited summer school | ||||||
13 | attendance pupils
shall be determined (a) by counting clock | ||||||
14 | hours of class instruction by
pupils enrolled in grades 1 | ||||||
15 | through 12 in approved courses conducted at
least 60 clock | ||||||
16 | hours in summer sessions; (b) by dividing such total of
clock | ||||||
17 | hours of class instruction by 4 to produce days of credited | ||||||
18 | pupil
attendance; (c) by dividing such days of credited pupil | ||||||
19 | attendance by
the actual number of days in the regular term as | ||||||
20 | used in computation in
the general apportionment in Section | ||||||
21 | 18-8.05; and (d) by
multiplying by
1.25.
| ||||||
22 | The amount of the grant for a summer school program | ||||||
23 | approved by the
State Superintendent of Education for children | ||||||
24 | with
disabilities, as defined
in Sections 14-1.02 through | ||||||
25 | 14-1.07, shall be determined in the manner
contained above |
| |||||||
| |||||||
1 | except that average daily membership shall be utilized
in lieu | ||||||
2 | of average daily attendance.
| ||||||
3 | In the case of an apportionment based on summer school | ||||||
4 | attendance or
membership pupils, the claim therefor shall be | ||||||
5 | presented as a separate
claim for the particular school year in | ||||||
6 | which such summer school
session ends. On or before November 1 | ||||||
7 | of each year the
superintendent of each eligible school | ||||||
8 | district shall certify to
the State Superintendent of Education | ||||||
9 | the claim
of the district for the summer
session just ended. | ||||||
10 | Failure on the part of the school board to so
certify shall | ||||||
11 | constitute a forfeiture of its right to such payment. The State | ||||||
12 | Superintendent of Education shall transmit to the
Comptroller | ||||||
13 | no later than December 15th of each year
vouchers for payment | ||||||
14 | of amounts due school districts for
summer school. The State | ||||||
15 | Superintendent of Education shall direct the
Comptroller to | ||||||
16 | draw his warrants for payments thereof by the 30th
day of | ||||||
17 | December. If the money appropriated by the
General Assembly for | ||||||
18 | such purpose for any year is insufficient, it shall
be | ||||||
19 | apportioned on the basis of claims approved.
| ||||||
20 | However, notwithstanding the foregoing provisions, for | ||||||
21 | each fiscal year the
money appropriated by the General
Assembly | ||||||
22 | for the purposes of this Section shall only be used for grants
| ||||||
23 | for approved summer school programs for those children with
| ||||||
24 | disabilities served pursuant to Section 14-7.02 or 14-7.02b of | ||||||
25 | this
Code. | ||||||
26 | No funding shall be provided to school districts under this |
| |||||||
| |||||||
1 | Section after fiscal year 2016.
| ||||||
2 | (Source: P.A. 93-1022, eff. 8-24-04.)
| ||||||
3 | (105 ILCS 5/18-8.05)
| ||||||
4 | Sec. 18-8.05. Basis for apportionment of general State | ||||||
5 | financial aid and
supplemental general State aid to the common | ||||||
6 | schools for the 1998-1999 through the 2015-2016 and
subsequent | ||||||
7 | school years.
| ||||||
8 | (A) General Provisions. | ||||||
9 | (1) The provisions of this Section relating to the | ||||||
10 | calculation and apportionment of general State financial aid | ||||||
11 | and supplemental general State aid apply to the 1998-1999 | ||||||
12 | through the 2015-2016 and subsequent
school years. The system | ||||||
13 | of general State financial aid provided for in this
Section
is | ||||||
14 | designed to assure that, through a combination of State | ||||||
15 | financial aid and
required local resources, the financial | ||||||
16 | support provided each pupil in Average
Daily Attendance equals | ||||||
17 | or exceeds a
prescribed per pupil Foundation Level. This | ||||||
18 | formula approach imputes a level
of per pupil Available Local | ||||||
19 | Resources and provides for the basis to calculate
a per pupil | ||||||
20 | level of general State financial aid that, when added to | ||||||
21 | Available
Local Resources, equals or exceeds the Foundation | ||||||
22 | Level. The
amount of per pupil general State financial aid for | ||||||
23 | school districts, in
general, varies in inverse
relation to | ||||||
24 | Available Local Resources. Per pupil amounts are based upon
|
| |||||||
| |||||||
1 | each school district's Average Daily Attendance as that term is | ||||||
2 | defined in this
Section. | ||||||
3 | (2) In addition to general State financial aid, school | ||||||
4 | districts with
specified levels or concentrations of pupils | ||||||
5 | from low income households are
eligible to receive supplemental | ||||||
6 | general State financial aid grants as provided
pursuant to | ||||||
7 | subsection (H).
The supplemental State aid grants provided for | ||||||
8 | school districts under
subsection (H) shall be appropriated for | ||||||
9 | distribution to school districts as
part of the same line item | ||||||
10 | in which the general State financial aid of school
districts is | ||||||
11 | appropriated under this Section. | ||||||
12 | (3) To receive financial assistance under this Section, | ||||||
13 | school districts
are required to file claims with the State | ||||||
14 | Board of Education, subject to the
following requirements: | ||||||
15 | (a) Any school district which fails for any given | ||||||
16 | school year to maintain
school as required by law, or to | ||||||
17 | maintain a recognized school is not
eligible to file for | ||||||
18 | such school year any claim upon the Common School
Fund. In | ||||||
19 | case of nonrecognition of one or more attendance centers in | ||||||
20 | a
school district otherwise operating recognized schools, | ||||||
21 | the claim of the
district shall be reduced in the | ||||||
22 | proportion which the Average Daily
Attendance in the | ||||||
23 | attendance center or centers bear to the Average Daily
| ||||||
24 | Attendance in the school district. A "recognized school" | ||||||
25 | means any
public school which meets the standards as | ||||||
26 | established for recognition
by the State Board of |
| |||||||
| |||||||
1 | Education. A school district or attendance center
not | ||||||
2 | having recognition status at the end of a school term is | ||||||
3 | entitled to
receive State aid payments due upon a legal | ||||||
4 | claim which was filed while
it was recognized. | ||||||
5 | (b) School district claims filed under this Section are | ||||||
6 | subject to
Sections 18-9 and 18-12, except as otherwise | ||||||
7 | provided in this
Section. | ||||||
8 | (c) If a school district operates a full year school | ||||||
9 | under Section
10-19.1, the general State aid to the school | ||||||
10 | district shall be determined
by the State Board of | ||||||
11 | Education in accordance with this Section as near as
may be | ||||||
12 | applicable. | ||||||
13 | (d) (Blank). | ||||||
14 | (4) Except as provided in subsections (H) and (L), the | ||||||
15 | board of any district
receiving any of the grants provided for | ||||||
16 | in this Section may apply those funds
to any fund so received | ||||||
17 | for which that board is authorized to make expenditures
by law. | ||||||
18 | School districts are not required to exert a minimum | ||||||
19 | Operating Tax Rate in
order to qualify for assistance under | ||||||
20 | this Section. | ||||||
21 | (5) As used in this Section the following terms, when | ||||||
22 | capitalized, shall
have the meaning ascribed herein: | ||||||
23 | (a) "Average Daily Attendance": A count of pupil | ||||||
24 | attendance in school,
averaged as provided for in | ||||||
25 | subsection (C) and utilized in deriving per pupil
financial | ||||||
26 | support levels. |
| |||||||
| |||||||
1 | (b) "Available Local Resources": A computation of | ||||||
2 | local financial
support, calculated on the basis of Average | ||||||
3 | Daily Attendance and derived as
provided pursuant to | ||||||
4 | subsection (D). | ||||||
5 | (c) "Corporate Personal Property Replacement Taxes": | ||||||
6 | Funds paid to local
school districts pursuant to "An Act in | ||||||
7 | relation to the abolition of ad valorem
personal property | ||||||
8 | tax and the replacement of revenues lost thereby, and
| ||||||
9 | amending and repealing certain Acts and parts of Acts in | ||||||
10 | connection therewith",
certified August 14, 1979, as | ||||||
11 | amended (Public Act 81-1st S.S.-1). | ||||||
12 | (d) "Foundation Level": A prescribed level of per pupil | ||||||
13 | financial support
as provided for in subsection (B). | ||||||
14 | (e) "Operating Tax Rate": All school district property | ||||||
15 | taxes extended for
all purposes, except Bond and
Interest, | ||||||
16 | Summer School, Rent, Capital Improvement, and Vocational | ||||||
17 | Education
Building purposes.
| ||||||
18 | (B) Foundation Level. | ||||||
19 | (1) The Foundation Level is a figure established by the | ||||||
20 | State representing
the minimum level of per pupil financial | ||||||
21 | support that should be available to
provide for the basic | ||||||
22 | education of each pupil in
Average Daily Attendance. As set | ||||||
23 | forth in this Section, each school district
is assumed to exert
| ||||||
24 | a sufficient local taxing effort such that, in combination with | ||||||
25 | the aggregate
of general State
financial aid provided the |
| |||||||
| |||||||
1 | district, an aggregate of State and local resources
are | ||||||
2 | available to meet
the basic education needs of pupils in the | ||||||
3 | district. | ||||||
4 | (2) For the 1998-1999 school year, the Foundation Level of | ||||||
5 | support is
$4,225. For the 1999-2000 school year, the | ||||||
6 | Foundation Level of support is
$4,325. For the 2000-2001 school | ||||||
7 | year, the Foundation Level of support is
$4,425. For the | ||||||
8 | 2001-2002 school year and 2002-2003 school year, the
Foundation | ||||||
9 | Level of support is $4,560. For the 2003-2004 school year, the | ||||||
10 | Foundation Level of support is $4,810. For the 2004-2005 school | ||||||
11 | year, the Foundation Level of support is $4,964.
For the | ||||||
12 | 2005-2006 school year,
the Foundation Level of support is | ||||||
13 | $5,164. For the 2006-2007 school year, the Foundation Level of | ||||||
14 | support is $5,334. For the 2007-2008 school year, the | ||||||
15 | Foundation Level of support is $5,734. For the 2008-2009 school | ||||||
16 | year, the Foundation Level of support is $5,959. | ||||||
17 | (3) For the 2009-2010 school year and each school year | ||||||
18 | thereafter,
the Foundation Level of support is $6,119 or such | ||||||
19 | greater amount as
may be established by law by the General | ||||||
20 | Assembly.
| ||||||
21 | (C) Average Daily Attendance. | ||||||
22 | (1) For purposes of calculating general State aid pursuant | ||||||
23 | to subsection
(E), an Average Daily Attendance figure shall be | ||||||
24 | utilized. The Average Daily
Attendance figure for formula
| ||||||
25 | calculation purposes shall be the monthly average of the actual |
| |||||||
| |||||||
1 | number of
pupils in attendance of
each school district, as | ||||||
2 | further averaged for the best 3 months of pupil
attendance for | ||||||
3 | each
school district. In compiling the figures for the number | ||||||
4 | of pupils in
attendance, school districts
and the State Board | ||||||
5 | of Education shall, for purposes of general State aid
funding, | ||||||
6 | conform
attendance figures to the requirements of subsection | ||||||
7 | (F). | ||||||
8 | (2) The Average Daily Attendance figures utilized in | ||||||
9 | subsection (E) shall be
the requisite attendance data for the | ||||||
10 | school year immediately preceding
the
school year for which | ||||||
11 | general State aid is being calculated
or the average of the | ||||||
12 | attendance data for the 3 preceding school
years, whichever is | ||||||
13 | greater. The Average Daily Attendance figures
utilized in | ||||||
14 | subsection (H) shall be the requisite attendance data for the
| ||||||
15 | school year immediately preceding the school year for which | ||||||
16 | general
State aid is being calculated.
| ||||||
17 | (D) Available Local Resources. | ||||||
18 | (1) For purposes of calculating general State aid pursuant | ||||||
19 | to subsection
(E), a representation of Available Local | ||||||
20 | Resources per pupil, as that term is
defined and determined in | ||||||
21 | this subsection, shall be utilized. Available Local
Resources | ||||||
22 | per pupil shall include a calculated
dollar amount representing | ||||||
23 | local school district revenues from local property
taxes and | ||||||
24 | from
Corporate Personal Property Replacement Taxes, expressed | ||||||
25 | on the basis of pupils
in Average
Daily Attendance. Calculation |
| |||||||
| |||||||
1 | of Available Local Resources shall exclude any tax amnesty | ||||||
2 | funds received as a result of Public Act 93-26. | ||||||
3 | (2) In determining a school district's revenue from local | ||||||
4 | property taxes,
the State Board of Education shall utilize the | ||||||
5 | equalized assessed valuation of
all taxable property of each | ||||||
6 | school
district as of September 30 of the previous year. The | ||||||
7 | equalized assessed
valuation utilized shall
be obtained and | ||||||
8 | determined as provided in subsection (G). | ||||||
9 | (3) For school districts maintaining grades kindergarten | ||||||
10 | through 12, local
property tax
revenues per pupil shall be | ||||||
11 | calculated as the product of the applicable
equalized assessed
| ||||||
12 | valuation for the district multiplied by 3.00%, and divided by | ||||||
13 | the district's
Average Daily
Attendance figure. For school | ||||||
14 | districts maintaining grades kindergarten
through 8, local
| ||||||
15 | property tax revenues per pupil shall be calculated as the | ||||||
16 | product of the
applicable equalized
assessed valuation for the | ||||||
17 | district multiplied by 2.30%, and divided by the
district's | ||||||
18 | Average
Daily Attendance figure. For school districts | ||||||
19 | maintaining grades 9 through 12,
local property
tax revenues | ||||||
20 | per pupil shall be the applicable equalized assessed valuation | ||||||
21 | of
the district
multiplied by 1.05%, and divided by the | ||||||
22 | district's Average Daily
Attendance
figure. | ||||||
23 | For partial elementary unit districts created pursuant to | ||||||
24 | Article 11E of this Code, local property tax revenues per pupil | ||||||
25 | shall be calculated as the product of the equalized assessed | ||||||
26 | valuation for property within the partial elementary unit |
| |||||||
| |||||||
1 | district for elementary purposes, as defined in Article 11E of | ||||||
2 | this Code, multiplied by 2.06% and divided by the district's | ||||||
3 | Average Daily Attendance figure, plus the product of the | ||||||
4 | equalized assessed valuation for property within the partial | ||||||
5 | elementary unit district for high school purposes, as defined | ||||||
6 | in Article 11E of this Code, multiplied by 0.94% and divided by | ||||||
7 | the district's Average Daily Attendance figure.
| ||||||
8 | (4) The Corporate Personal Property Replacement Taxes paid | ||||||
9 | to each school
district during the calendar year one year | ||||||
10 | before the calendar year in which a
school year begins, divided | ||||||
11 | by the Average Daily Attendance figure for that
district, shall | ||||||
12 | be added to the local property tax revenues per pupil as
| ||||||
13 | derived by the application of the immediately preceding | ||||||
14 | paragraph (3). The sum
of these per pupil figures for each | ||||||
15 | school district shall constitute Available
Local Resources as | ||||||
16 | that term is utilized in subsection (E) in the calculation
of | ||||||
17 | general State aid.
| ||||||
18 | (E) Computation of General State Aid. | ||||||
19 | (1) For each school year, the amount of general State aid | ||||||
20 | allotted to a
school district shall be computed by the State | ||||||
21 | Board of Education as provided
in this subsection. | ||||||
22 | (2) For any school district for which Available Local | ||||||
23 | Resources per pupil
is less than the product of 0.93 times the | ||||||
24 | Foundation Level, general State aid
for that district shall be | ||||||
25 | calculated as an amount equal to the Foundation
Level minus |
| |||||||
| |||||||
1 | Available Local Resources, multiplied by the Average Daily
| ||||||
2 | Attendance of the school district. | ||||||
3 | (3) For any school district for which Available Local | ||||||
4 | Resources per pupil
is equal to or greater than the product of | ||||||
5 | 0.93 times the Foundation Level and
less than the product of | ||||||
6 | 1.75 times the Foundation Level, the general State aid
per | ||||||
7 | pupil shall be a decimal proportion of the Foundation Level | ||||||
8 | derived using a
linear algorithm. Under this linear algorithm, | ||||||
9 | the calculated general State
aid per pupil shall decline in | ||||||
10 | direct linear fashion from 0.07 times the
Foundation Level for | ||||||
11 | a school district with Available Local Resources equal to
the | ||||||
12 | product of 0.93 times the Foundation Level, to 0.05 times the | ||||||
13 | Foundation
Level for a school district with Available Local | ||||||
14 | Resources equal to the product
of 1.75 times the Foundation | ||||||
15 | Level. The allocation of general
State aid for school districts | ||||||
16 | subject to this paragraph 3 shall be the
calculated general | ||||||
17 | State aid
per pupil figure multiplied by the Average Daily | ||||||
18 | Attendance of the school
district. | ||||||
19 | (4) For any school district for which Available Local | ||||||
20 | Resources per pupil
equals or exceeds the product of 1.75 times | ||||||
21 | the Foundation Level, the general
State aid for the school | ||||||
22 | district shall be calculated as the product of $218
multiplied | ||||||
23 | by the Average Daily Attendance of the school
district. | ||||||
24 | (5) The amount of general State aid allocated to a school | ||||||
25 | district for
the 1999-2000 school year meeting the requirements | ||||||
26 | set forth in paragraph (4)
of subsection
(G) shall be increased |
| |||||||
| |||||||
1 | by an amount equal to the general State aid that
would have | ||||||
2 | been received by the district for the 1998-1999 school year by
| ||||||
3 | utilizing the Extension Limitation Equalized Assessed | ||||||
4 | Valuation as calculated
in paragraph (4) of subsection (G) less | ||||||
5 | the general State aid allotted for the
1998-1999
school year. | ||||||
6 | This amount shall be deemed a one time increase, and shall not
| ||||||
7 | affect any future general State aid allocations.
| ||||||
8 | (F) Compilation of Average Daily Attendance. | ||||||
9 | (1) Each school district shall, by July 1 of each year, | ||||||
10 | submit to the State
Board of Education, on forms prescribed by | ||||||
11 | the State Board of Education,
attendance figures for the school | ||||||
12 | year that began in the preceding calendar
year. The attendance | ||||||
13 | information so transmitted shall identify the average
daily | ||||||
14 | attendance figures for each month of the school year. Beginning | ||||||
15 | with
the general State aid claim form for the 2002-2003 school
| ||||||
16 | year, districts shall calculate Average Daily Attendance as | ||||||
17 | provided in
subdivisions (a), (b), and (c) of this paragraph | ||||||
18 | (1). | ||||||
19 | (a) In districts that do not hold year-round classes,
| ||||||
20 | days of attendance in August shall be added to the month of | ||||||
21 | September and any
days of attendance in June shall be added | ||||||
22 | to the month of May. | ||||||
23 | (b) In districts in which all buildings hold year-round | ||||||
24 | classes,
days of attendance in July and August shall be | ||||||
25 | added to the month
of September and any days of attendance |
| |||||||
| |||||||
1 | in June shall be added to
the month of May. | ||||||
2 | (c) In districts in which some buildings, but not all, | ||||||
3 | hold
year-round classes, for the non-year-round buildings, | ||||||
4 | days of
attendance in August shall be added to the month of | ||||||
5 | September
and any days of attendance in June shall be added | ||||||
6 | to the month of
May. The average daily attendance for the | ||||||
7 | year-round buildings
shall be computed as provided in | ||||||
8 | subdivision (b) of this paragraph
(1). To calculate the | ||||||
9 | Average Daily Attendance for the district, the
average | ||||||
10 | daily attendance for the year-round buildings shall be
| ||||||
11 | multiplied by the days in session for the non-year-round | ||||||
12 | buildings
for each month and added to the monthly | ||||||
13 | attendance of the
non-year-round buildings. | ||||||
14 | Except as otherwise provided in this Section, days of
| ||||||
15 | attendance by pupils shall be counted only for sessions of not | ||||||
16 | less than
5 clock hours of school work per day under direct | ||||||
17 | supervision of: (i)
teachers, or (ii) non-teaching personnel or | ||||||
18 | volunteer personnel when engaging
in non-teaching duties and | ||||||
19 | supervising in those instances specified in
subsection (a) of | ||||||
20 | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | ||||||
21 | of legal school age and in kindergarten and grades 1 through | ||||||
22 | 12. Days of attendance by pupils through verified participation | ||||||
23 | in an e-learning program approved by the State Board of | ||||||
24 | Education under Section 10-20.56 of the Code shall be | ||||||
25 | considered as full days of attendance for purposes of this | ||||||
26 | Section. |
| |||||||
| |||||||
1 | Days of attendance by tuition pupils shall be accredited | ||||||
2 | only to the
districts that pay the tuition to a recognized | ||||||
3 | school. | ||||||
4 | (2) Days of attendance by pupils of less than 5 clock hours | ||||||
5 | of school
shall be subject to the following provisions in the | ||||||
6 | compilation of Average
Daily Attendance. | ||||||
7 | (a) Pupils regularly enrolled in a public school for | ||||||
8 | only a part of
the school day may be counted on the basis | ||||||
9 | of 1/6 day for every class hour
of instruction of 40 | ||||||
10 | minutes or more attended pursuant to such enrollment,
| ||||||
11 | unless a pupil is
enrolled in a block-schedule format of 80 | ||||||
12 | minutes or more of instruction,
in which case the pupil may | ||||||
13 | be counted on the basis of the proportion of
minutes of | ||||||
14 | school work completed each day to the minimum number of
| ||||||
15 | minutes that school work is required to be held that day. | ||||||
16 | (b) (Blank). | ||||||
17 | (c) A session of 4 or more clock hours may be counted | ||||||
18 | as a day of
attendance upon certification by the regional | ||||||
19 | superintendent, and
approved by the State Superintendent | ||||||
20 | of Education to the extent that the
district has been | ||||||
21 | forced to use daily multiple sessions. | ||||||
22 | (d) A session of 3 or more clock hours may be counted | ||||||
23 | as a day of
attendance (1) when the remainder of the school | ||||||
24 | day or at least
2 hours in the evening of that day is | ||||||
25 | utilized for an
in-service training program for teachers, | ||||||
26 | up to a maximum of 5 days per
school year, provided a |
| |||||||
| |||||||
1 | district conducts an in-service
training program for | ||||||
2 | teachers in accordance with Section 10-22.39 of this Code; | ||||||
3 | or, in lieu of 4 such days, 2 full days may
be used, in | ||||||
4 | which event each such day
may be counted as a day required | ||||||
5 | for a legal school calendar pursuant to Section 10-19 of | ||||||
6 | this Code; (1.5) when, of the 5 days allowed under item | ||||||
7 | (1), a maximum of 4 days are used for parent-teacher | ||||||
8 | conferences, or, in lieu of 4 such days, 2 full days are | ||||||
9 | used, in which case each such day may be counted as a | ||||||
10 | calendar day required under Section 10-19 of this Code, | ||||||
11 | provided that the full-day, parent-teacher conference | ||||||
12 | consists of (i) a minimum of 5 clock hours of | ||||||
13 | parent-teacher conferences, (ii) both a minimum of 2 clock | ||||||
14 | hours of parent-teacher conferences held in the evening | ||||||
15 | following a full day of student attendance, as specified in | ||||||
16 | subsection (F)(1)(c), and a minimum of 3 clock hours of | ||||||
17 | parent-teacher conferences held on the day immediately | ||||||
18 | following evening parent-teacher conferences, or (iii) | ||||||
19 | multiple parent-teacher conferences held in the evenings | ||||||
20 | following full days of student attendance, as specified in | ||||||
21 | subsection (F)(1)(c), in which the time used for the | ||||||
22 | parent-teacher conferences is equivalent to a minimum of 5 | ||||||
23 | clock hours; and (2) when days in
addition to
those | ||||||
24 | provided in items (1) and (1.5) are scheduled by a school | ||||||
25 | pursuant to its school
improvement plan adopted under | ||||||
26 | Article 34 or its revised or amended school
improvement |
| |||||||
| |||||||
1 | plan adopted under Article 2, provided that (i) such | ||||||
2 | sessions of
3 or more clock hours are scheduled to occur at | ||||||
3 | regular intervals, (ii) the
remainder of the school days in | ||||||
4 | which such sessions occur are utilized
for in-service | ||||||
5 | training programs or other staff development activities | ||||||
6 | for
teachers, and (iii) a sufficient number of minutes of | ||||||
7 | school work under the
direct supervision of teachers are | ||||||
8 | added to the school days between such
regularly scheduled | ||||||
9 | sessions to accumulate not less than the number of minutes
| ||||||
10 | by which such sessions of 3 or more clock hours fall short | ||||||
11 | of 5 clock hours.
Any full days used for the purposes of | ||||||
12 | this paragraph shall not be considered
for
computing | ||||||
13 | average daily attendance. Days scheduled for in-service | ||||||
14 | training
programs, staff development activities, or | ||||||
15 | parent-teacher conferences may be
scheduled separately for | ||||||
16 | different
grade levels and different attendance centers of | ||||||
17 | the district. | ||||||
18 | (e) A session of not less than one clock hour of | ||||||
19 | teaching
hospitalized or homebound pupils on-site or by | ||||||
20 | telephone to the classroom may
be counted as 1/2 day of | ||||||
21 | attendance, however these pupils must receive 4 or
more | ||||||
22 | clock hours of instruction to be counted for a full day of | ||||||
23 | attendance. | ||||||
24 | (f) A session of at least 4 clock hours may be counted | ||||||
25 | as a day of
attendance for first grade pupils, and pupils | ||||||
26 | in full day kindergartens,
and a session of 2 or more hours |
| |||||||
| |||||||
1 | may be counted as 1/2 day of attendance by
pupils in | ||||||
2 | kindergartens which provide only 1/2 day of attendance. | ||||||
3 | (g) For children with disabilities who are below the | ||||||
4 | age of 6 years and
who
cannot attend 2 or more clock hours | ||||||
5 | because of their disability or
immaturity, a session of not | ||||||
6 | less than one clock hour may be counted as 1/2 day
of | ||||||
7 | attendance; however for such children whose educational | ||||||
8 | needs so require
a session of 4 or more clock hours may be | ||||||
9 | counted as a full day of attendance. | ||||||
10 | (h) A recognized kindergarten which provides for only | ||||||
11 | 1/2 day of
attendance by each pupil shall not have more | ||||||
12 | than 1/2 day of attendance
counted in any one day. However, | ||||||
13 | kindergartens may count 2 1/2 days
of
attendance in any 5 | ||||||
14 | consecutive school days. When a pupil attends such a
| ||||||
15 | kindergarten for 2 half days on any one school day, the | ||||||
16 | pupil shall have
the following day as a day absent from | ||||||
17 | school, unless the school district
obtains permission in | ||||||
18 | writing from the State Superintendent of Education.
| ||||||
19 | Attendance at kindergartens which provide for a full day of | ||||||
20 | attendance by
each pupil shall be counted the same as | ||||||
21 | attendance by first grade pupils.
Only the first year of | ||||||
22 | attendance in one kindergarten shall be counted,
except in | ||||||
23 | case of children who entered the kindergarten in their | ||||||
24 | fifth year
whose educational development requires a second | ||||||
25 | year of kindergarten as
determined under the rules and | ||||||
26 | regulations of the State Board of Education. |
| |||||||
| |||||||
1 | (i) On the days when the assessment that includes a | ||||||
2 | college and career ready determination is
administered | ||||||
3 | under subsection (c) of Section 2-3.64a-5 of this Code, the | ||||||
4 | day
of attendance for a pupil whose school
day must be | ||||||
5 | shortened to accommodate required testing procedures may
| ||||||
6 | be less than 5 clock hours and shall be counted towards the | ||||||
7 | 176 days of actual pupil attendance required under Section | ||||||
8 | 10-19 of this Code, provided that a sufficient number of | ||||||
9 | minutes
of school work in excess of 5 clock hours are first | ||||||
10 | completed on other school
days to compensate for the loss | ||||||
11 | of school work on the examination days. | ||||||
12 | (j) Pupils enrolled in a remote educational program | ||||||
13 | established under Section 10-29 of this Code may be counted | ||||||
14 | on the basis of one-fifth day of attendance for every clock | ||||||
15 | hour of instruction attended in the remote educational | ||||||
16 | program, provided that, in any month, the school district | ||||||
17 | may not claim for a student enrolled in a remote | ||||||
18 | educational program more days of attendance than the | ||||||
19 | maximum number of days of attendance the district can claim | ||||||
20 | (i) for students enrolled in a building holding year-round | ||||||
21 | classes if the student is classified as participating in | ||||||
22 | the remote educational program on a year-round schedule or | ||||||
23 | (ii) for students enrolled in a building not holding | ||||||
24 | year-round classes if the student is not classified as | ||||||
25 | participating in the remote educational program on a | ||||||
26 | year-round schedule.
|
| |||||||
| |||||||
1 | (G) Equalized Assessed Valuation Data. | ||||||
2 | (1) For purposes of the calculation of Available Local | ||||||
3 | Resources required
pursuant to subsection (D), the
State Board | ||||||
4 | of Education shall secure from the Department of
Revenue the | ||||||
5 | value as equalized or assessed by the Department of Revenue of
| ||||||
6 | all taxable property of every school district, together with | ||||||
7 | (i) the applicable
tax rate used in extending taxes for the | ||||||
8 | funds of the district as of
September 30 of the previous year
| ||||||
9 | and (ii) the limiting rate for all school
districts subject to | ||||||
10 | property tax extension limitations as imposed under the
| ||||||
11 | Property Tax Extension Limitation Law.
| ||||||
12 | The Department of Revenue shall add to the equalized | ||||||
13 | assessed value of all
taxable
property of each school district | ||||||
14 | situated entirely or partially within a county
that is or was | ||||||
15 | subject to the
provisions of Section 15-176 or 15-177 of the | ||||||
16 | Property Tax Code (a)
an amount equal to the total amount by | ||||||
17 | which the
homestead exemption allowed under Section 15-176 or | ||||||
18 | 15-177 of the Property Tax Code for
real
property situated in | ||||||
19 | that school district exceeds the total amount that would
have | ||||||
20 | been
allowed in that school district if the maximum reduction | ||||||
21 | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in | ||||||
22 | all other counties in tax year 2003 or (ii) $5,000 in all | ||||||
23 | counties in tax year 2004 and thereafter and (b) an amount | ||||||
24 | equal to the aggregate amount for the taxable year of all | ||||||
25 | additional exemptions under Section 15-175 of the Property Tax |
| |||||||
| |||||||
1 | Code for owners with a household income of $30,000 or less. The | ||||||
2 | county clerk of any county that is or was subject to the | ||||||
3 | provisions of Section 15-176 or 15-177 of the Property Tax Code | ||||||
4 | shall
annually calculate and certify to the Department of | ||||||
5 | Revenue for each school
district all
homestead exemption | ||||||
6 | amounts under Section 15-176 or 15-177 of the Property Tax Code | ||||||
7 | and all amounts of additional exemptions under Section 15-175 | ||||||
8 | of the Property Tax Code for owners with a household income of | ||||||
9 | $30,000 or less. It is the intent of this paragraph that if the | ||||||
10 | general homestead exemption for a parcel of property is | ||||||
11 | determined under Section 15-176 or 15-177 of the Property Tax | ||||||
12 | Code rather than Section 15-175, then the calculation of | ||||||
13 | Available Local Resources shall not be affected by the | ||||||
14 | difference, if any, between the amount of the general homestead | ||||||
15 | exemption allowed for that parcel of property under Section | ||||||
16 | 15-176 or 15-177 of the Property Tax Code and the amount that | ||||||
17 | would have been allowed had the general homestead exemption for | ||||||
18 | that parcel of property been determined under Section 15-175 of | ||||||
19 | the Property Tax Code. It is further the intent of this | ||||||
20 | paragraph that if additional exemptions are allowed under | ||||||
21 | Section 15-175 of the Property Tax Code for owners with a | ||||||
22 | household income of less than $30,000, then the calculation of | ||||||
23 | Available Local Resources shall not be affected by the | ||||||
24 | difference, if any, because of those additional exemptions. | ||||||
25 | This equalized assessed valuation, as adjusted further by | ||||||
26 | the requirements of
this subsection, shall be utilized in the |
| |||||||
| |||||||
1 | calculation of Available Local
Resources. | ||||||
2 | (2) The equalized assessed valuation in paragraph (1) shall | ||||||
3 | be adjusted, as
applicable, in the following manner: | ||||||
4 | (a) For the purposes of calculating State aid under | ||||||
5 | this Section,
with respect to any part of a school district | ||||||
6 | within a redevelopment
project area in respect to which a | ||||||
7 | municipality has adopted tax
increment allocation | ||||||
8 | financing pursuant to the Tax Increment Allocation
| ||||||
9 | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | ||||||
10 | of the Illinois
Municipal Code or the Industrial Jobs | ||||||
11 | Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | ||||||
12 | Illinois Municipal Code, no part of the current equalized
| ||||||
13 | assessed valuation of real property located in any such | ||||||
14 | project area which is
attributable to an increase above the | ||||||
15 | total initial equalized assessed
valuation of such | ||||||
16 | property shall be used as part of the equalized assessed
| ||||||
17 | valuation of the district, until such time as all
| ||||||
18 | redevelopment project costs have been paid, as provided in | ||||||
19 | Section 11-74.4-8
of the Tax Increment Allocation | ||||||
20 | Redevelopment Act or in Section 11-74.6-35 of
the | ||||||
21 | Industrial Jobs Recovery Law. For the purpose of
the | ||||||
22 | equalized assessed valuation of the
district, the total | ||||||
23 | initial equalized assessed valuation or the current
| ||||||
24 | equalized assessed valuation, whichever is lower, shall be | ||||||
25 | used until
such time as all redevelopment project costs | ||||||
26 | have been paid. |
| |||||||
| |||||||
1 | (b) The real property equalized assessed valuation for | ||||||
2 | a school district
shall be adjusted by subtracting from the | ||||||
3 | real property
value as equalized or assessed by the | ||||||
4 | Department of Revenue for the
district an amount computed | ||||||
5 | by dividing the amount of any abatement of
taxes under | ||||||
6 | Section 18-170 of the Property Tax Code by 3.00% for a | ||||||
7 | district
maintaining grades kindergarten through 12, by | ||||||
8 | 2.30% for a district
maintaining grades kindergarten | ||||||
9 | through 8, or by 1.05% for a
district
maintaining grades 9 | ||||||
10 | through 12 and adjusted by an amount computed by dividing
| ||||||
11 | the amount of any abatement of taxes under subsection (a) | ||||||
12 | of Section 18-165 of
the Property Tax Code by the same | ||||||
13 | percentage rates for district type as
specified in this | ||||||
14 | subparagraph (b). | ||||||
15 | (3) For the 1999-2000 school year and each school year | ||||||
16 | thereafter, if a
school district meets all of the criteria of | ||||||
17 | this subsection (G)(3), the school
district's Available Local | ||||||
18 | Resources shall be calculated under subsection (D)
using the | ||||||
19 | district's Extension Limitation Equalized Assessed Valuation | ||||||
20 | as
calculated under this
subsection (G)(3). | ||||||
21 | For purposes of this subsection (G)(3) the following terms | ||||||
22 | shall have
the following meanings: | ||||||
23 | "Budget Year": The school year for which general State | ||||||
24 | aid is calculated
and
awarded under subsection (E). | ||||||
25 | "Base Tax Year": The property tax levy year used to | ||||||
26 | calculate the Budget
Year
allocation of general State aid. |
| |||||||
| |||||||
1 | "Preceding Tax Year": The property tax levy year | ||||||
2 | immediately preceding the
Base Tax Year. | ||||||
3 | "Base Tax Year's Tax Extension": The product of the | ||||||
4 | equalized assessed
valuation utilized by the County Clerk | ||||||
5 | in the Base Tax Year multiplied by the
limiting rate as | ||||||
6 | calculated by the County Clerk and defined in the Property | ||||||
7 | Tax
Extension Limitation Law. | ||||||
8 | "Preceding Tax Year's Tax Extension": The product of | ||||||
9 | the equalized assessed
valuation utilized by the County | ||||||
10 | Clerk in the Preceding Tax Year multiplied by
the Operating | ||||||
11 | Tax Rate as defined in subsection (A). | ||||||
12 | "Extension Limitation Ratio": A numerical ratio, | ||||||
13 | certified by the
County Clerk, in which the numerator is | ||||||
14 | the Base Tax Year's Tax
Extension and the denominator is | ||||||
15 | the Preceding Tax Year's Tax Extension. | ||||||
16 | "Operating Tax Rate": The operating tax rate as defined | ||||||
17 | in subsection (A). | ||||||
18 | If a school district is subject to property tax extension | ||||||
19 | limitations as
imposed under
the Property Tax Extension | ||||||
20 | Limitation Law, the State Board of Education shall
calculate | ||||||
21 | the Extension
Limitation
Equalized Assessed Valuation of that | ||||||
22 | district. For the 1999-2000 school
year, the
Extension | ||||||
23 | Limitation Equalized Assessed Valuation of a school district as
| ||||||
24 | calculated by the State Board of Education shall be equal to | ||||||
25 | the product of the
district's 1996 Equalized Assessed Valuation | ||||||
26 | and the district's Extension
Limitation Ratio. Except as |
| |||||||
| |||||||
1 | otherwise provided in this paragraph for a school district that | ||||||
2 | has approved or does approve an increase in its limiting rate, | ||||||
3 | for the 2000-2001 school year and each school year
thereafter,
| ||||||
4 | the Extension Limitation Equalized Assessed Valuation of a | ||||||
5 | school district as
calculated by the State Board of Education | ||||||
6 | shall be equal to the product of
the Equalized Assessed | ||||||
7 | Valuation last used in the calculation of general State
aid and | ||||||
8 | the
district's Extension Limitation Ratio. If the Extension | ||||||
9 | Limitation
Equalized
Assessed Valuation of a school district as | ||||||
10 | calculated under
this subsection (G)(3) is less than the | ||||||
11 | district's equalized assessed valuation
as calculated pursuant | ||||||
12 | to subsections (G)(1) and (G)(2), then for purposes of
| ||||||
13 | calculating the district's general State aid for the Budget | ||||||
14 | Year pursuant to
subsection (E), that Extension
Limitation | ||||||
15 | Equalized Assessed Valuation shall be utilized to calculate the
| ||||||
16 | district's Available Local Resources
under subsection (D). For | ||||||
17 | the 2009-2010 school year and each school year thereafter, if a | ||||||
18 | school district has approved or does approve an increase in its | ||||||
19 | limiting rate, pursuant to Section 18-190 of the Property Tax | ||||||
20 | Code, affecting the Base Tax Year, the Extension Limitation | ||||||
21 | Equalized Assessed Valuation of the school district, as | ||||||
22 | calculated by the State Board of Education, shall be equal to | ||||||
23 | the product of the Equalized Assessed Valuation last used in | ||||||
24 | the calculation of general State aid times an amount equal to | ||||||
25 | one plus the percentage increase, if any, in the Consumer Price | ||||||
26 | Index for all Urban Consumers for all items published by the |
| |||||||
| |||||||
1 | United States Department of Labor for the 12-month calendar | ||||||
2 | year preceding the Base Tax Year, plus the Equalized Assessed | ||||||
3 | Valuation of new property, annexed property, and recovered tax | ||||||
4 | increment value and minus the Equalized Assessed Valuation of | ||||||
5 | disconnected property. New property and recovered tax | ||||||
6 | increment value shall have the meanings set forth in the | ||||||
7 | Property Tax Extension Limitation Law. | ||||||
8 | Partial elementary unit districts created in accordance | ||||||
9 | with Article 11E of this Code shall not be eligible for the | ||||||
10 | adjustment in this subsection (G)(3) until the fifth year | ||||||
11 | following the effective date of the reorganization.
| ||||||
12 | (3.5) For the 2010-2011 school year and each school year | ||||||
13 | thereafter, if a school district's boundaries span multiple | ||||||
14 | counties, then the Department of Revenue shall send to the | ||||||
15 | State Board of Education, for the purpose of calculating | ||||||
16 | general State aid, the limiting rate and individual rates by | ||||||
17 | purpose for the county that contains the majority of the school | ||||||
18 | district's Equalized Assessed Valuation. | ||||||
19 | (4) For the purposes of calculating general State aid for | ||||||
20 | the 1999-2000
school year only, if a school district | ||||||
21 | experienced a triennial reassessment on
the equalized assessed | ||||||
22 | valuation used in calculating its general State
financial aid | ||||||
23 | apportionment for the 1998-1999 school year, the State Board of
| ||||||
24 | Education shall calculate the Extension Limitation Equalized | ||||||
25 | Assessed Valuation
that would have been used to calculate the | ||||||
26 | district's 1998-1999 general State
aid. This amount shall equal |
| |||||||
| |||||||
1 | the product of the equalized assessed valuation
used to
| ||||||
2 | calculate general State aid for the 1997-1998 school year and | ||||||
3 | the district's
Extension Limitation Ratio. If the Extension | ||||||
4 | Limitation Equalized Assessed
Valuation of the school district | ||||||
5 | as calculated under this paragraph (4) is
less than the | ||||||
6 | district's equalized assessed valuation utilized in | ||||||
7 | calculating
the
district's 1998-1999 general State aid | ||||||
8 | allocation, then for purposes of
calculating the district's | ||||||
9 | general State aid pursuant to paragraph (5) of
subsection (E),
| ||||||
10 | that Extension Limitation Equalized Assessed Valuation shall | ||||||
11 | be utilized to
calculate the district's Available Local | ||||||
12 | Resources. | ||||||
13 | (5) For school districts having a majority of their | ||||||
14 | equalized assessed
valuation in any county except Cook, DuPage, | ||||||
15 | Kane, Lake, McHenry, or Will, if
the amount of general State | ||||||
16 | aid allocated to the school district for the
1999-2000 school | ||||||
17 | year under the provisions of subsection (E), (H), and (J) of
| ||||||
18 | this Section is less than the amount of general State aid | ||||||
19 | allocated to the
district for the 1998-1999 school year under | ||||||
20 | these subsections, then the
general
State aid of the district | ||||||
21 | for the 1999-2000 school year only shall be increased
by the | ||||||
22 | difference between these amounts. The total payments made under | ||||||
23 | this
paragraph (5) shall not exceed $14,000,000. Claims shall | ||||||
24 | be prorated if they
exceed $14,000,000.
| ||||||
25 | (H) Supplemental General State Aid. |
| |||||||
| |||||||
1 | (1) In addition to the general State aid a school district | ||||||
2 | is allotted
pursuant to subsection (E), qualifying school | ||||||
3 | districts shall receive a grant,
paid in conjunction with a | ||||||
4 | district's payments of general State aid, for
supplemental | ||||||
5 | general State aid based upon the concentration level of | ||||||
6 | children
from low-income households within the school | ||||||
7 | district.
Supplemental State aid grants provided for school | ||||||
8 | districts under this
subsection shall be appropriated for | ||||||
9 | distribution to school districts as part
of the same line item | ||||||
10 | in which the general State financial aid of school
districts is | ||||||
11 | appropriated under this Section.
| ||||||
12 | (1.5) This paragraph (1.5) applies only to those school | ||||||
13 | years
preceding the 2003-2004 school year.
For purposes of this
| ||||||
14 | subsection (H), the term "Low-Income Concentration Level" | ||||||
15 | shall be the
low-income
eligible pupil count from the most | ||||||
16 | recently available federal census divided by
the Average Daily | ||||||
17 | Attendance of the school district.
If, however, (i) the | ||||||
18 | percentage decrease from the 2 most recent federal
censuses
in | ||||||
19 | the low-income eligible pupil count of a high school district | ||||||
20 | with fewer
than 400 students exceeds by 75% or more the | ||||||
21 | percentage change in the total
low-income eligible pupil count | ||||||
22 | of contiguous elementary school districts,
whose boundaries | ||||||
23 | are coterminous with the high school district,
or (ii) a high | ||||||
24 | school district within 2 counties and serving 5 elementary
| ||||||
25 | school
districts, whose boundaries are coterminous with the | ||||||
26 | high school
district, has a percentage decrease from the 2 most |
| |||||||
| |||||||
1 | recent federal
censuses in the low-income eligible pupil count | ||||||
2 | and there is a percentage
increase in the total low-income | ||||||
3 | eligible pupil count of a majority of the
elementary school | ||||||
4 | districts in excess of 50% from the 2 most recent
federal | ||||||
5 | censuses, then
the
high school district's low-income eligible | ||||||
6 | pupil count from the earlier federal
census
shall be the number | ||||||
7 | used as the low-income eligible pupil count for the high
school | ||||||
8 | district, for purposes of this subsection (H).
The changes made | ||||||
9 | to this paragraph (1) by Public Act 92-28 shall apply to
| ||||||
10 | supplemental general State aid
grants for school years | ||||||
11 | preceding the 2003-2004 school year that are paid
in fiscal | ||||||
12 | year 1999 or thereafter
and to
any State aid payments made in | ||||||
13 | fiscal year 1994 through fiscal year
1998 pursuant to | ||||||
14 | subsection 1(n) of Section 18-8 of this Code (which was
| ||||||
15 | repealed on July 1, 1998), and any high school district that is | ||||||
16 | affected by
Public Act 92-28 is
entitled to a
recomputation of | ||||||
17 | its supplemental general State aid grant or State aid
paid in | ||||||
18 | any of those fiscal years. This recomputation shall not be
| ||||||
19 | affected by any other funding. | ||||||
20 | (1.10) This paragraph (1.10) applies to the 2003-2004 | ||||||
21 | school year
and each school year thereafter through the | ||||||
22 | 2015-2016 school year . For purposes of this subsection (H), the
| ||||||
23 | term "Low-Income Concentration Level" shall, for each fiscal | ||||||
24 | year, be the
low-income eligible
pupil count
as of July 1 of | ||||||
25 | the immediately preceding fiscal year
(as determined by the | ||||||
26 | Department of Human Services based
on the number of pupils
who |
| |||||||
| |||||||
1 | are eligible for at least one of the following
low income | ||||||
2 | programs: Medicaid, the Children's Health Insurance Program, | ||||||
3 | TANF, or Food Stamps,
excluding pupils who are eligible for | ||||||
4 | services provided by the Department
of Children and Family | ||||||
5 | Services,
averaged over
the 2 immediately preceding fiscal | ||||||
6 | years for fiscal year 2004 and over the 3
immediately preceding | ||||||
7 | fiscal years for each fiscal year thereafter)
divided by the | ||||||
8 | Average Daily Attendance of the school district. | ||||||
9 | (2) Supplemental general State aid pursuant to this | ||||||
10 | subsection (H) shall
be
provided as follows for the 1998-1999, | ||||||
11 | 1999-2000, and 2000-2001 school years
only: | ||||||
12 | (a) For any school district with a Low Income | ||||||
13 | Concentration Level of at
least 20% and less than 35%, the | ||||||
14 | grant for any school year
shall be $800
multiplied by the | ||||||
15 | low income eligible pupil count. | ||||||
16 | (b) For any school district with a Low Income | ||||||
17 | Concentration Level of at
least 35% and less than 50%, the | ||||||
18 | grant for the 1998-1999 school year shall be
$1,100 | ||||||
19 | multiplied by the low income eligible pupil count. | ||||||
20 | (c) For any school district with a Low Income | ||||||
21 | Concentration Level of at
least 50% and less than 60%, the | ||||||
22 | grant for the 1998-99 school year shall be
$1,500 | ||||||
23 | multiplied by the low income eligible pupil count. | ||||||
24 | (d) For any school district with a Low Income | ||||||
25 | Concentration Level of 60%
or more, the grant for the | ||||||
26 | 1998-99 school year shall be $1,900 multiplied by
the low |
| |||||||
| |||||||
1 | income eligible pupil count. | ||||||
2 | (e) For the 1999-2000 school year, the per pupil amount | ||||||
3 | specified in
subparagraphs (b), (c), and (d) immediately | ||||||
4 | above shall be increased to $1,243,
$1,600, and $2,000, | ||||||
5 | respectively. | ||||||
6 | (f) For the 2000-2001 school year, the per pupil | ||||||
7 | amounts specified in
subparagraphs (b), (c), and (d) | ||||||
8 | immediately above shall be
$1,273, $1,640, and $2,050, | ||||||
9 | respectively. | ||||||
10 | (2.5) Supplemental general State aid pursuant to this | ||||||
11 | subsection (H)
shall be provided as follows for the 2002-2003 | ||||||
12 | school year: | ||||||
13 | (a) For any school district with a Low Income | ||||||
14 | Concentration Level of less
than 10%, the grant for each | ||||||
15 | school year shall be $355 multiplied by the low
income | ||||||
16 | eligible pupil count. | ||||||
17 | (b) For any school district with a Low Income | ||||||
18 | Concentration
Level of at least 10% and less than 20%, the | ||||||
19 | grant for each school year shall
be $675
multiplied by the | ||||||
20 | low income eligible pupil
count. | ||||||
21 | (c) For any school district with a Low Income | ||||||
22 | Concentration
Level of at least 20% and less than 35%, the | ||||||
23 | grant for each school year shall
be $1,330
multiplied by | ||||||
24 | the low income eligible pupil
count. | ||||||
25 | (d) For any school district with a Low Income | ||||||
26 | Concentration
Level of at least 35% and less than 50%, the |
| |||||||
| |||||||
1 | grant for each school year shall
be $1,362
multiplied by | ||||||
2 | the low income eligible pupil
count. | ||||||
3 | (e) For any school district with a Low Income | ||||||
4 | Concentration
Level of at least 50% and less than 60%, the | ||||||
5 | grant for each school year shall
be $1,680
multiplied by | ||||||
6 | the low income eligible pupil
count. | ||||||
7 | (f) For any school district with a Low Income | ||||||
8 | Concentration
Level of 60% or more, the grant for each | ||||||
9 | school year shall be $2,080
multiplied by the low income | ||||||
10 | eligible pupil count. | ||||||
11 | (2.10) Except as otherwise provided, supplemental general | ||||||
12 | State aid
pursuant to this subsection
(H) shall be provided as | ||||||
13 | follows for the 2003-2004 school year and each
school year | ||||||
14 | thereafter: | ||||||
15 | (a) For any school district with a Low Income | ||||||
16 | Concentration
Level of 15% or less, the grant for each | ||||||
17 | school year
shall be $355 multiplied by the low income | ||||||
18 | eligible pupil count. | ||||||
19 | (b) For any school district with a Low Income | ||||||
20 | Concentration
Level greater than 15%, the grant for each | ||||||
21 | school year shall be
$294.25 added to the product of $2,700 | ||||||
22 | and the square of the Low
Income Concentration Level, all | ||||||
23 | multiplied by the low income
eligible pupil count. | ||||||
24 | For the 2003-2004 school year and each school year | ||||||
25 | thereafter through the 2008-2009 school year only, the grant | ||||||
26 | shall be no less than the
grant
for
the 2002-2003 school year. |
| |||||||
| |||||||
1 | For the 2009-2010 school year only, the grant shall
be no
less | ||||||
2 | than the grant for the 2002-2003 school year multiplied by | ||||||
3 | 0.66. For the 2010-2011
school year only, the grant shall be no | ||||||
4 | less than the grant for the 2002-2003
school year
multiplied by | ||||||
5 | 0.33. Notwithstanding the provisions of this paragraph to the | ||||||
6 | contrary, if for any school year supplemental general State aid | ||||||
7 | grants are prorated as provided in paragraph (1) of this | ||||||
8 | subsection (H), then the grants under this paragraph shall be | ||||||
9 | prorated.
| ||||||
10 | For the 2003-2004 school year only, the grant shall be no | ||||||
11 | greater
than the grant received during the 2002-2003 school | ||||||
12 | year added to the
product of 0.25 multiplied by the difference | ||||||
13 | between the grant amount
calculated under subsection (a) or (b) | ||||||
14 | of this paragraph (2.10), whichever
is applicable, and the | ||||||
15 | grant received during the 2002-2003 school year.
For the | ||||||
16 | 2004-2005 school year only, the grant shall be no greater than
| ||||||
17 | the grant received during the 2002-2003 school year added to | ||||||
18 | the
product of 0.50 multiplied by the difference between the | ||||||
19 | grant amount
calculated under subsection (a) or (b) of this | ||||||
20 | paragraph (2.10), whichever
is applicable, and the grant | ||||||
21 | received during the 2002-2003 school year.
For the 2005-2006 | ||||||
22 | school year only, the grant shall be no greater than
the grant | ||||||
23 | received during the 2002-2003 school year added to the
product | ||||||
24 | of 0.75 multiplied by the difference between the grant amount
| ||||||
25 | calculated under subsection (a) or (b) of this paragraph | ||||||
26 | (2.10), whichever
is applicable, and the grant received during |
| |||||||
| |||||||
1 | the 2002-2003
school year. | ||||||
2 | (3) School districts with an Average Daily Attendance of | ||||||
3 | more than 1,000
and less than 50,000 that qualify for | ||||||
4 | supplemental general State aid pursuant
to this subsection | ||||||
5 | shall submit a plan to the State Board of Education prior to
| ||||||
6 | October 30 of each year for the use of the funds resulting from | ||||||
7 | this grant of
supplemental general State aid for the | ||||||
8 | improvement of
instruction in which priority is given to | ||||||
9 | meeting the education needs of
disadvantaged children. Such | ||||||
10 | plan shall be submitted in accordance with
rules and | ||||||
11 | regulations promulgated by the State Board of Education. | ||||||
12 | (4) School districts with an Average Daily Attendance of | ||||||
13 | 50,000 or more
that qualify for supplemental general State aid | ||||||
14 | pursuant to this subsection
shall be required to distribute | ||||||
15 | from funds available pursuant to this Section,
no less than | ||||||
16 | $261,000,000 in accordance with the following requirements: | ||||||
17 | (a) The required amounts shall be distributed to the | ||||||
18 | attendance centers
within the district in proportion to the | ||||||
19 | number of pupils enrolled at each
attendance center who are | ||||||
20 | eligible to receive free or reduced-price lunches or
| ||||||
21 | breakfasts under the federal Child Nutrition Act of 1966 | ||||||
22 | and under the National
School Lunch Act during the | ||||||
23 | immediately preceding school year. | ||||||
24 | (b) The distribution of these portions of supplemental | ||||||
25 | and general State
aid among attendance centers according to | ||||||
26 | these requirements shall not be
compensated for or |
| |||||||
| |||||||
1 | contravened by adjustments of the total of other funds
| ||||||
2 | appropriated to any attendance centers, and the Board of | ||||||
3 | Education shall
utilize funding from one or several sources | ||||||
4 | in order to fully implement this
provision annually prior | ||||||
5 | to the opening of school. | ||||||
6 | (c) Each attendance center shall be provided by the
| ||||||
7 | school district a distribution of noncategorical funds and | ||||||
8 | other
categorical funds to which an attendance center is | ||||||
9 | entitled under law in
order that the general State aid and | ||||||
10 | supplemental general State aid provided
by application of | ||||||
11 | this subsection supplements rather than supplants the
| ||||||
12 | noncategorical funds and other categorical funds provided | ||||||
13 | by the school
district to the attendance centers. | ||||||
14 | (d) Any funds made available under this subsection that | ||||||
15 | by reason of the
provisions of this subsection are not
| ||||||
16 | required to be allocated and provided to attendance centers | ||||||
17 | may be used and
appropriated by the board of the district | ||||||
18 | for any lawful school purpose. | ||||||
19 | (e) Funds received by an attendance center
pursuant to | ||||||
20 | this
subsection shall be used
by the attendance center at | ||||||
21 | the discretion
of the principal and local school council | ||||||
22 | for programs to improve educational
opportunities at | ||||||
23 | qualifying schools through the following programs and
| ||||||
24 | services: early childhood education, reduced class size or | ||||||
25 | improved adult to
student classroom ratio, enrichment | ||||||
26 | programs, remedial assistance, attendance
improvement, and |
| |||||||
| |||||||
1 | other educationally beneficial expenditures which
| ||||||
2 | supplement
the regular and basic programs as determined by | ||||||
3 | the State Board of Education.
Funds provided shall not be | ||||||
4 | expended for any political or lobbying purposes
as defined | ||||||
5 | by board rule. | ||||||
6 | (f) Each district subject to the provisions of this | ||||||
7 | subdivision (H)(4)
shall submit an
acceptable plan to meet | ||||||
8 | the educational needs of disadvantaged children, in
| ||||||
9 | compliance with the requirements of this paragraph, to the | ||||||
10 | State Board of
Education prior to July 15 of each year. | ||||||
11 | This plan shall be consistent with the
decisions of local | ||||||
12 | school councils concerning the school expenditure plans
| ||||||
13 | developed in accordance with part 4 of Section 34-2.3. The | ||||||
14 | State Board shall
approve or reject the plan within 60 days | ||||||
15 | after its submission. If the plan is
rejected, the district | ||||||
16 | shall give written notice of intent to modify the plan
| ||||||
17 | within 15 days of the notification of rejection and then | ||||||
18 | submit a modified plan
within 30 days after the date of the | ||||||
19 | written notice of intent to modify.
Districts may amend | ||||||
20 | approved plans pursuant to rules promulgated by the State
| ||||||
21 | Board of Education. | ||||||
22 | Upon notification by the State Board of Education that | ||||||
23 | the district has
not submitted a plan prior to July 15 or a | ||||||
24 | modified plan within the time
period specified herein, the
| ||||||
25 | State aid funds affected by that plan or modified plan | ||||||
26 | shall be withheld by the
State Board of Education until a |
| |||||||
| |||||||
1 | plan or modified plan is submitted. | ||||||
2 | If the district fails to distribute State aid to | ||||||
3 | attendance centers in
accordance with an approved plan, the | ||||||
4 | plan for the following year shall
allocate funds, in | ||||||
5 | addition to the funds otherwise required by this
| ||||||
6 | subsection, to those attendance centers which were | ||||||
7 | underfunded during the
previous year in amounts equal to | ||||||
8 | such underfunding. | ||||||
9 | For purposes of determining compliance with this | ||||||
10 | subsection in relation
to the requirements of attendance | ||||||
11 | center funding, each district subject to the
provisions of | ||||||
12 | this
subsection shall submit as a separate document by | ||||||
13 | December 1 of each year a
report of expenditure data for | ||||||
14 | the prior year in addition to any
modification of its | ||||||
15 | current plan. If it is determined that there has been
a | ||||||
16 | failure to comply with the expenditure provisions of this | ||||||
17 | subsection
regarding contravention or supplanting, the | ||||||
18 | State Superintendent of
Education shall, within 60 days of | ||||||
19 | receipt of the report, notify the
district and any affected | ||||||
20 | local school council. The district shall within
45 days of | ||||||
21 | receipt of that notification inform the State | ||||||
22 | Superintendent of
Education of the remedial or corrective | ||||||
23 | action to be taken, whether by
amendment of the current | ||||||
24 | plan, if feasible, or by adjustment in the plan
for the | ||||||
25 | following year. Failure to provide the expenditure report | ||||||
26 | or the
notification of remedial or corrective action in a |
| |||||||
| |||||||
1 | timely manner shall
result in a withholding of the affected | ||||||
2 | funds. | ||||||
3 | The State Board of Education shall promulgate rules and | ||||||
4 | regulations
to implement the provisions of this | ||||||
5 | subsection. No funds shall be released
under this | ||||||
6 | subdivision (H)(4) to any district that has not submitted a | ||||||
7 | plan
that has been approved by the State Board of | ||||||
8 | Education.
| ||||||
9 | (I) (Blank).
| ||||||
10 | (J) (Blank).
| ||||||
11 | (K) Grants to Laboratory and Alternative Schools. | ||||||
12 | In calculating the amount to be paid to the governing board | ||||||
13 | of a public
university that operates a laboratory school under | ||||||
14 | this Section or to any
alternative school that is operated by a | ||||||
15 | regional superintendent of schools,
the State
Board of | ||||||
16 | Education shall require by rule such reporting requirements as | ||||||
17 | it
deems necessary. | ||||||
18 | As used in this Section, "laboratory school" means a public | ||||||
19 | school which is
created and operated by a public university and | ||||||
20 | approved by the State Board of
Education. The governing board | ||||||
21 | of a public university which receives funds
from the State | ||||||
22 | Board under this subsection (K) or subsection (i) of Section | ||||||
23 | 18-8.15 of this Code may not increase the number of
students |
| |||||||
| |||||||
1 | enrolled in its laboratory
school from a single district, if | ||||||
2 | that district is already sending 50 or more
students, except | ||||||
3 | under a mutual agreement between the school board of a
| ||||||
4 | student's district of residence and the university which | ||||||
5 | operates the
laboratory school. A laboratory school may not | ||||||
6 | have more than 1,000 students,
excluding students with | ||||||
7 | disabilities in a special education program. | ||||||
8 | As used in this Section, "alternative school" means a | ||||||
9 | public school which is
created and operated by a Regional | ||||||
10 | Superintendent of Schools and approved by
the State Board of | ||||||
11 | Education. Such alternative schools may offer courses of
| ||||||
12 | instruction for which credit is given in regular school | ||||||
13 | programs, courses to
prepare students for the high school | ||||||
14 | equivalency testing program or vocational
and occupational | ||||||
15 | training. A regional superintendent of schools may contract
| ||||||
16 | with a school district or a public community college district | ||||||
17 | to operate an
alternative school. An alternative school serving | ||||||
18 | more than one educational
service region may be established by | ||||||
19 | the regional superintendents of schools
of the affected | ||||||
20 | educational service regions. An alternative school
serving | ||||||
21 | more than one educational service region may be operated under | ||||||
22 | such
terms as the regional superintendents of schools of those | ||||||
23 | educational service
regions may agree. | ||||||
24 | Each laboratory and alternative school shall file, on forms | ||||||
25 | provided by the
State Superintendent of Education, an annual | ||||||
26 | State aid claim which states the
Average Daily Attendance of |
| |||||||
| |||||||
1 | the school's students by month. The best 3 months'
Average | ||||||
2 | Daily Attendance shall be computed for each school.
The general | ||||||
3 | State aid entitlement shall be computed by multiplying the
| ||||||
4 | applicable Average Daily Attendance by the Foundation Level as | ||||||
5 | determined under
this Section.
| ||||||
6 | (L) Payments, Additional Grants in Aid and Other Requirements. | ||||||
7 | (1) For a school district operating under the financial | ||||||
8 | supervision
of an Authority created under Article 34A, the | ||||||
9 | general State aid otherwise
payable to that district under this | ||||||
10 | Section, but not the supplemental general
State aid, shall be | ||||||
11 | reduced by an amount equal to the budget for
the operations of | ||||||
12 | the Authority as certified by the Authority to the State
Board | ||||||
13 | of Education, and an amount equal to such reduction shall be | ||||||
14 | paid
to the Authority created for such district for its | ||||||
15 | operating expenses in
the manner provided in Section 18-11. The | ||||||
16 | remainder
of general State school aid for any such district | ||||||
17 | shall be paid in accordance
with Article 34A when that Article | ||||||
18 | provides for a disposition other than that
provided by this | ||||||
19 | Article. | ||||||
20 | (2) (Blank). | ||||||
21 | (3) Summer school. Summer school payments shall be made as | ||||||
22 | provided in
Section 18-4.3.
| ||||||
23 | (M) Education Funding Advisory Board. | ||||||
24 | The Education Funding Advisory
Board, hereinafter in this |
| |||||||
| |||||||
1 | subsection (M) referred to as the "Board", is hereby
created. | ||||||
2 | The Board
shall consist of 5 members who are appointed by the | ||||||
3 | Governor, by and with the
advice and consent of the Senate. The | ||||||
4 | members appointed shall include
representatives of education, | ||||||
5 | business, and the general public. One of the
members so | ||||||
6 | appointed shall be
designated by the Governor at the time the | ||||||
7 | appointment is made as the
chairperson of the
Board.
The | ||||||
8 | initial members of the Board may
be appointed any time after | ||||||
9 | the effective date of this amendatory Act of
1997. The regular | ||||||
10 | term of each member of the
Board shall be for 4 years from the | ||||||
11 | third Monday of January of the
year in which the term of the | ||||||
12 | member's appointment is to commence, except that
of the 5 | ||||||
13 | initial members appointed to serve on the
Board, the member who | ||||||
14 | is appointed as the chairperson shall serve for
a term that | ||||||
15 | commences on the date of his or her appointment and expires on | ||||||
16 | the
third Monday of January, 2002, and the remaining 4 members, | ||||||
17 | by lots drawn at
the first meeting of the Board that is
held
| ||||||
18 | after all 5 members are appointed, shall determine 2 of their | ||||||
19 | number to serve
for terms that commence on the date of their
| ||||||
20 | respective appointments and expire on the third
Monday of | ||||||
21 | January, 2001,
and 2 of their number to serve for terms that | ||||||
22 | commence
on the date of their respective appointments and | ||||||
23 | expire on the third Monday
of January, 2000. All members | ||||||
24 | appointed to serve on the
Board shall serve until their | ||||||
25 | respective successors are
appointed and confirmed. Vacancies | ||||||
26 | shall be filled in the same manner as
original appointments. If |
| |||||||
| |||||||
1 | a vacancy in membership occurs at a time when the
Senate is not | ||||||
2 | in session, the Governor shall make a temporary appointment | ||||||
3 | until
the next meeting of the Senate, when he or she shall | ||||||
4 | appoint, by and with the
advice and consent of the Senate, a | ||||||
5 | person to fill that membership for the
unexpired term. If the | ||||||
6 | Senate is not in session when the initial appointments
are | ||||||
7 | made, those appointments shall
be made as in the case of | ||||||
8 | vacancies. | ||||||
9 | The Education Funding Advisory Board shall be deemed | ||||||
10 | established,
and the initial
members appointed by the Governor | ||||||
11 | to serve as members of the
Board shall take office,
on the date | ||||||
12 | that the
Governor makes his or her appointment of the fifth | ||||||
13 | initial member of the
Board, whether those initial members are | ||||||
14 | then serving
pursuant to appointment and confirmation or | ||||||
15 | pursuant to temporary appointments
that are made by the | ||||||
16 | Governor as in the case of vacancies. | ||||||
17 | The State Board of Education shall provide such staff | ||||||
18 | assistance to the
Education Funding Advisory Board as is | ||||||
19 | reasonably required for the proper
performance by the Board of | ||||||
20 | its responsibilities. | ||||||
21 | For school years after the 2000-2001 school year through | ||||||
22 | the 2015-2016 school year , the Education
Funding Advisory | ||||||
23 | Board, in consultation with the State Board of Education,
shall | ||||||
24 | make recommendations as provided in this subsection (M) to the | ||||||
25 | General
Assembly for the foundation level under subdivision | ||||||
26 | (B)(3) of this Section and
for the
supplemental general State |
| |||||||
| |||||||
1 | aid grant level under subsection (H) of this Section
for | ||||||
2 | districts with high concentrations of children from poverty. | ||||||
3 | The
recommended foundation level shall be determined based on a | ||||||
4 | methodology which
incorporates the basic education | ||||||
5 | expenditures of low-spending schools
exhibiting high academic | ||||||
6 | performance. The Education Funding Advisory Board
shall make | ||||||
7 | such recommendations to the General Assembly on January 1 of | ||||||
8 | odd
numbered years, beginning January 1, 2001. After the | ||||||
9 | 2015-2016 school year, the Education Funding Advisory Board | ||||||
10 | shall make recommendations pursuant to subsection (k) of | ||||||
11 | Section 18-8.15 of this Code.
| ||||||
12 | (N) (Blank).
| ||||||
13 | (O) References. | ||||||
14 | (1) References in other laws to the various subdivisions of
| ||||||
15 | Section 18-8 as that Section existed before its repeal and | ||||||
16 | replacement by this
Section 18-8.05 shall be deemed to refer to | ||||||
17 | the corresponding provisions of
this Section 18-8.05, to the | ||||||
18 | extent that those references remain applicable. | ||||||
19 | (2) References in other laws to State Chapter 1 funds shall | ||||||
20 | be deemed to
refer to the supplemental general State aid | ||||||
21 | provided under subsection (H) of
this Section. | ||||||
22 | (P) Public Act 93-838 and Public Act 93-808 make inconsistent | ||||||
23 | changes to this Section. Under Section 6 of the Statute on |
| |||||||
| |||||||
1 | Statutes there is an irreconcilable conflict between Public Act | ||||||
2 | 93-808 and Public Act 93-838. Public Act 93-838, being the last | ||||||
3 | acted upon, is controlling. The text of Public Act 93-838 is | ||||||
4 | the law regardless of the text of Public Act 93-808. | ||||||
5 | (Q) State Fiscal Year 2015 Payments. | ||||||
6 | For payments made for State fiscal year 2015, the State | ||||||
7 | Board of Education shall, for each school district, calculate | ||||||
8 | that district's pro-rata share of a minimum sum of $13,600,000 | ||||||
9 | or additional amounts as needed from the total net General | ||||||
10 | State Aid funding as calculated under this Section that shall | ||||||
11 | be deemed attributable to the provision of special educational | ||||||
12 | facilities and services, as defined in Section 14-1.08 of this | ||||||
13 | Code, in a manner that ensures compliance with maintenance of | ||||||
14 | State financial support requirements under the federal | ||||||
15 | Individuals with Disabilities Education Act. Each school | ||||||
16 | district must use such funds only for the provision of special | ||||||
17 | educational facilities and services, as defined in Section | ||||||
18 | 14-1.08 of this Code, and must comply with any expenditure | ||||||
19 | verification procedures adopted by the State Board of | ||||||
20 | Education. | ||||||
21 | (Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194, | ||||||
22 | eff. 7-30-15.) | ||||||
23 | (105 ILCS 5/18-8.10) | ||||||
24 | Sec. 18-8.10. Fast growth grants.
|
| |||||||
| |||||||
1 | (a) If there has been an increase in a school district's | ||||||
2 | student population over the most recent 2 school years of (i) | ||||||
3 | over 1.5% in a district with over 10,000 pupils in average | ||||||
4 | daily attendance (as defined in Section 18-8.05 or 18-8.15 of | ||||||
5 | this Code) or (ii) over 7.5% in any other district, then the | ||||||
6 | district is eligible for a grant under this Section, subject to | ||||||
7 | appropriation. | ||||||
8 | (b) The State Board of Education shall determine a per | ||||||
9 | pupil grant amount for each school district. The total grant | ||||||
10 | amount for a district for any given school year shall equal the | ||||||
11 | per pupil grant amount multiplied by the difference between the | ||||||
12 | number of pupils in average daily attendance for the 2 most | ||||||
13 | recent school years. | ||||||
14 | (c) Funds for grants under this Section must be | ||||||
15 | appropriated to the State Board of Education in a separate line | ||||||
16 | item for this purpose. If the amount appropriated in any fiscal | ||||||
17 | year is insufficient to pay all grants for a school year, then | ||||||
18 | the amount appropriated shall be prorated among eligible | ||||||
19 | districts. As soon as possible after funds have been | ||||||
20 | appropriated to the State Board of Education, the State Board | ||||||
21 | of Education shall distribute the grants to eligible districts. | ||||||
22 | (d) If a school district intentionally reports incorrect | ||||||
23 | average daily attendance numbers to receive a grant under this | ||||||
24 | Section, then the district shall be denied State aid in the | ||||||
25 | same manner as State aid is denied for intentional incorrect | ||||||
26 | reporting of average daily attendance numbers under Section |
| |||||||
| |||||||
1 | 18-8.05 or 18-8.15 of this Code.
| ||||||
2 | (Source: P.A. 93-1042, eff. 10-8-04.) | ||||||
3 | (105 ILCS 5/18-8.15 new) | ||||||
4 | Sec. 18-8.15. Basis for apportionment of primary State | ||||||
5 | financial aid to the common schools for the 2016-2017 school | ||||||
6 | year. | ||||||
7 | (a) General provisions. | ||||||
8 | (1) The provisions of this Section apply to the 2016-2017 | ||||||
9 | school year. The system of primary State financial aid provided | ||||||
10 | for in this Section is designed to ensure that, through a | ||||||
11 | combination of State financial aid and required local | ||||||
12 | resources, the financial support provided each pupil in | ||||||
13 | attendance equals or exceeds a prescribed per pupil Foundation | ||||||
14 | Level, with adjustments to the Foundation Level based on each | ||||||
15 | school district's pupil characteristics. This formula approach | ||||||
16 | imputes a level of per pupil Available Local Resources and | ||||||
17 | provides for the basis to calculate a per pupil level of | ||||||
18 | primary State financial aid that, when added to Available Local | ||||||
19 | Resources, equals or exceeds the school district's adjusted | ||||||
20 | Foundation Level. The amount of per pupil primary State | ||||||
21 | financial aid for school districts, in general, varies in | ||||||
22 | inverse relation to Available Local Resources. | ||||||
23 | (2) To address decreases in State funding resulting from | ||||||
24 | this amendatory Act of the 99th General Assembly, the amount of | ||||||
25 | primary State aid provided to a school district shall be |
| |||||||
| |||||||
1 | subject to increase through supplemental grants as provided in | ||||||
2 | subsection (h) of this Section. Any supplemental grants | ||||||
3 | provided for school districts under subsection (h) of this | ||||||
4 | Section shall be appropriated for distribution to school | ||||||
5 | districts as part of the same line item in which the primary | ||||||
6 | State financial aid of school districts is appropriated under | ||||||
7 | this Section. | ||||||
8 | (3) To receive financial assistance under this Section, | ||||||
9 | school districts are required to file claims with the State | ||||||
10 | Board of Education, subject to the following requirements: | ||||||
11 | (A) Any school district that fails, for any given | ||||||
12 | school year, to maintain school as required by law or to | ||||||
13 | maintain a recognized school is not eligible to receive | ||||||
14 | financial assistance under this Section. In case of | ||||||
15 | non-recognition of one or more attendance centers in a | ||||||
16 | school district otherwise operating recognized schools, | ||||||
17 | the claim of the district shall be reduced in the | ||||||
18 | proportion that the enrollment in the attendance center or | ||||||
19 | centers bears to the enrollment in the school district. A | ||||||
20 | "recognized school" means any public school that meets the | ||||||
21 | standards established for recognition by the State Board of | ||||||
22 | Education. A school district or attendance center not | ||||||
23 | having recognition status at the end of a school term is | ||||||
24 | entitled to receive State aid payments due upon a legal | ||||||
25 | claim that was filed while it was recognized. | ||||||
26 | (B) School district claims filed under this Section are |
| |||||||
| |||||||
1 | subject to Sections 18-9 and 18-12 of this Code, except as | ||||||
2 | otherwise provided in this Section. | ||||||
3 | (C) If a school district operates a full-year school | ||||||
4 | under Section 10-19.1 of this Code, the primary State aid | ||||||
5 | to the school district shall be determined by the State | ||||||
6 | Board of Education in accordance with this Section as near | ||||||
7 | as may be applicable. | ||||||
8 | (4) Subject to the requirements of subsection (j) of this | ||||||
9 | Section, the school board of any district receiving any of the | ||||||
10 | grants provided for in this Section may apply those funds to | ||||||
11 | any fund so received for which that school board is authorized | ||||||
12 | to make expenditures by law. | ||||||
13 | (5) As used in this Section, the following terms, when | ||||||
14 | capitalized, shall have the meanings ascribed in this paragraph | ||||||
15 | (5): | ||||||
16 | "Additional Weight" means a number added to 1.0 to | ||||||
17 | calculate the District Weighted Average in accordance with | ||||||
18 | subsection (b) of this Section. Each Additional Weight is | ||||||
19 | calculated using the Weighting Factors and Weighting | ||||||
20 | Percentages in paragraph (5) of subsection (b) of this Section. | ||||||
21 | "Adequacy Grant Loss" means the product of (i) the absolute | ||||||
22 | value of the lesser loss of a school district's Base Year Loss | ||||||
23 | or Current Year Loss and (ii) the school district's Prior Year | ||||||
24 | ADA. | ||||||
25 | "Adequacy Target" means, for a particular school district, | ||||||
26 | the product of $8,672 and the school district's District |
| |||||||
| |||||||
1 | Weighted Average. | ||||||
2 | "Adequacy Target Percent" means, for a particular school | ||||||
3 | district, the percentage figure resulting from dividing the | ||||||
4 | school district's operating expense per pupil by its Adequacy | ||||||
5 | Target. | ||||||
6 | "Adjusted Flat Grant Level" means, for each school district | ||||||
7 | not subject to property tax extension limitations as imposed | ||||||
8 | under the Property Tax Extension Limitation Law, the Flat Grant | ||||||
9 | Level multiplied by the percentage, if any, of which the school | ||||||
10 | district's combined tax rate for educational and operations and | ||||||
11 | maintenance purposes is of the maximum combined tax rates for | ||||||
12 | educational and operations and maintenance purposes specified | ||||||
13 | for that type of school district under Section 17-2 of this | ||||||
14 | Code. For a school district subject to property tax extension | ||||||
15 | limitations as imposed under the Property Tax Extension | ||||||
16 | Limitation Law or a school district whose combined tax rate for | ||||||
17 | educational and operations and maintenance purposes is at least | ||||||
18 | the maximum combined tax rates for educational and operations | ||||||
19 | and maintenance purposes specified for that type of school | ||||||
20 | district under Section 17-2 of this Code, the Adjusted Flat | ||||||
21 | Grant Level is equal to the Flat Grant Level. | ||||||
22 | "Alternative School" means a public school that is created | ||||||
23 | and operated by a regional superintendent of schools and | ||||||
24 | approved by the State Board of Education. | ||||||
25 | "Available Local Resources Per Pupil" means a computation | ||||||
26 | of local financial support, calculated on the basis of Average |
| |||||||
| |||||||
1 | Daily Attendance and derived as provided pursuant to subsection | ||||||
2 | (d) of this Section. | ||||||
3 | "Average Daily Attendance" or "ADA" means the count of | ||||||
4 | pupils in attendance derived as provided pursuant to subsection | ||||||
5 | (c) of this Section. | ||||||
6 | "Base Tax Year" means the property tax levy year used to | ||||||
7 | calculate the Budget Year allocation of primary State aid. | ||||||
8 | "Base Tax Year's Extension" means the product of the | ||||||
9 | equalized assessed valuation utilized by the county clerk in | ||||||
10 | the Base Tax Year multiplied by the limiting rate as calculated | ||||||
11 | by the county clerk and defined in the Property Tax Extension | ||||||
12 | Limitation Law. | ||||||
13 | "Base Year Loss" means the amount, if any, by which a | ||||||
14 | school district's per-pupil primary State aid allotment in the | ||||||
15 | 2016-2017 school year is less than its Per-pupil Hold Harmless | ||||||
16 | State Funding, after accounting for any supplemental grants to | ||||||
17 | the school district pursuant to paragraphs (2) and (3) of | ||||||
18 | subsection (h) of this Section. | ||||||
19 | "Budget Year" means the school year for which primary State | ||||||
20 | aid is calculated and awarded under subsection (e) of this | ||||||
21 | Section. | ||||||
22 | "Corporate Personal Property Replacement Taxes" means | ||||||
23 | funds paid to school districts pursuant to "An Act in relation | ||||||
24 | to the abolition of ad valorem personal property tax and the | ||||||
25 | replacement of revenues lost thereby, and amending and | ||||||
26 | repealing certain Acts and parts of Acts in connection |
| |||||||
| |||||||
1 | therewith", certified August 14, 1979, as amended (Public Act | ||||||
2 | 81-1st S.S.-1). | ||||||
3 | "Current Year Loss" means the amount, if any, by which a | ||||||
4 | school district's per-pupil primary State aid allotment in any | ||||||
5 | school year after the 2016-2017 school year is less than its | ||||||
6 | Per-pupil Hold Harmless State Funding, after accounting for any | ||||||
7 | supplemental grants to the school district pursuant to | ||||||
8 | paragraphs (2) and (3) of subsection (h) of this Section. | ||||||
9 | "DHS Low-income Eligible Count" means the low-income | ||||||
10 | eligible pupil count as determined by the Department of Human | ||||||
11 | Services (based on the number of pupils who are eligible for at | ||||||
12 | least one of the following low-income programs: Medicaid, the | ||||||
13 | Children's Health Insurance Program, TANF, or the Supplemental | ||||||
14 | Nutrition Assistance Program, excluding pupils who are | ||||||
15 | eligible for services provided by the Department of Children | ||||||
16 | and Family Services) averaged over the 3 immediately preceding | ||||||
17 | fiscal years, based on the count as of July 1 of each fiscal | ||||||
18 | year. | ||||||
19 | "District Weighted Average" means a figure used to derive a | ||||||
20 | school district's Per-pupil Aid level, calculated pursuant to | ||||||
21 | subsection (b) of this Section. | ||||||
22 | "English Learner Pupil" means an English learner, as | ||||||
23 | defined in Section 14C-2 of this Code, participating in a | ||||||
24 | program of transitional bilingual education or a transitional | ||||||
25 | program of instruction meeting the requirements of Article 14C | ||||||
26 | of this Code. |
| |||||||
| |||||||
1 | "Extension Limitation Equalized Assessed Valuation" means | ||||||
2 | a figure calculated by the State Board of Education pursuant to | ||||||
3 | paragraph (2) of subsection (h) of this Section for school | ||||||
4 | districts subject to property tax extension limitations as | ||||||
5 | imposed under the Property Tax Extension Limitation Law. | ||||||
6 | "Extension Limitation Ratio" means a numerical ratio in | ||||||
7 | which the numerator is the Base Tax Year's Tax Extension and | ||||||
8 | the denominator is the Preceding Tax Year's Tax Extension. | ||||||
9 | "Flat Grant Level" means a dollar amount equal to 3.0% of a | ||||||
10 | school district's Weighted Foundation Level. | ||||||
11 | "Foundation Level" means a prescribed level of per pupil | ||||||
12 | financial support, as provided for in subsection (b) of this | ||||||
13 | Section. | ||||||
14 | "Gifted Pupil" means a pupil in kindergarten through grade | ||||||
15 | 8 receiving services through a program for gifted and talented | ||||||
16 | children that has been approved by a school board and that is | ||||||
17 | described on a school district's Internet website. | ||||||
18 | "Hold Harmless State Funding" means the amount of State | ||||||
19 | funds allotted to a school district, Laboratory School, or | ||||||
20 | Alternative School during the 2015-2016 school year pursuant to | ||||||
21 | the following Sections of this Code, as calculated by the State | ||||||
22 | Board of Education: Sections 18-8.05; 14-7.02b; 14-7.03, but | ||||||
23 | only with respect to reimbursement for children from foster | ||||||
24 | family homes; 14-13.01, except for reimbursement of the cost of | ||||||
25 | transportation pursuant to that Section; 14C-12; and 18-4.3. | ||||||
26 | For a school district organized under Article 34 of this Code, |
| |||||||
| |||||||
1 | "Hold Harmless State Funding" also includes the funds allotted | ||||||
2 | to the school district pursuant to Section 1D-1 of this Code | ||||||
3 | attributable to funding programs authorized by the Sections of | ||||||
4 | this Code listed in this definition. | ||||||
5 | "Laboratory School" means a public school that is created | ||||||
6 | and operated by a public university and approved by the State | ||||||
7 | Board of Education. | ||||||
8 | "Low-income Pupil" means a pupil from a household with a | ||||||
9 | household income level at or below 185% of the poverty | ||||||
10 | guidelines updated periodically in the Federal Register by the | ||||||
11 | U.S. Department of Health and Human Services under the | ||||||
12 | authority of 42 U.S.C. 9902(2). | ||||||
13 | "Operating Tax Rate" means all school district property | ||||||
14 | taxes extended for all purposes, except bond and interest, | ||||||
15 | summer school, rent, capital improvement, and vocational | ||||||
16 | education building purposes. | ||||||
17 | "Per-pupil Aid" means a school district's Weighted | ||||||
18 | Foundation Level less its Available Local Resources Per Pupil. | ||||||
19 | "Per-pupil Hold Harmless State Funding" means a school | ||||||
20 | district's Hold Harmless State Funding, divided by the school | ||||||
21 | district's Average Daily Attendance figure as calculated | ||||||
22 | pursuant to subsection (F) of Section 18-8.05 of this Code | ||||||
23 | during the 2015-2016 school year. | ||||||
24 | "Preceding Tax Year" means the property tax levy year | ||||||
25 | immediately preceding the Base Tax Year. | ||||||
26 | "Preceding Tax Year's Tax Extension" means the product of |
| |||||||
| |||||||
1 | the equalized assessed valuation utilized by the county clerk | ||||||
2 | in the Preceding Tax Year multiplied by the Operating Tax Rate. | ||||||
3 | "Prior Year ADA" means the number of pupils within the | ||||||
4 | count of pupils in attendance used for Average Daily Attendance | ||||||
5 | calculations for the school year immediately preceding the | ||||||
6 | school year for which primary State aid is calculated and | ||||||
7 | awarded under subsection (e) of this Section. | ||||||
8 | "PTELL EAV floor school district" means either (i) a school | ||||||
9 | district with an Adequacy Target Percent of 100% or higher (as | ||||||
10 | calculated pursuant to paragraph (4) of subsection (h) of this | ||||||
11 | Section, notwithstanding any limitations in that paragraph on | ||||||
12 | the school years in which adequacy grants are administered) or | ||||||
13 | (ii) a school district with an Adequacy Target Percent of less | ||||||
14 | than 100% if the school district has an Operating Tax Rate that | ||||||
15 | is 95% or lower than the applicable statewide weighted-average | ||||||
16 | Operating Tax Rate for that type of school district (as | ||||||
17 | calculated pursuant to paragraph (4) of subsection (h) of this | ||||||
18 | Section, notwithstanding any limitations in that paragraph on | ||||||
19 | the school years in which adequacy grants are administered). | ||||||
20 | "PTELL PSA Adjustment" means the amount of primary State | ||||||
21 | aid a school district would receive under subsection (e) of | ||||||
22 | this Section if the Extension Limitation Equalized Assessed | ||||||
23 | Valuation was used for calculating the school district's | ||||||
24 | primary State aid for the Budget Year instead of the district's | ||||||
25 | equalized assessed valuation as calculated pursuant to | ||||||
26 | paragraphs (1) and (2) of subsection (g) of this Section. |
| |||||||
| |||||||
1 | "Residential Boarding School Program" means a residential | ||||||
2 | school for students in jeopardy of academic failure and | ||||||
3 | impacted by one or more adverse childhood experiences. A | ||||||
4 | residential program includes: | ||||||
5 | (A) a remedial, regular, and gifted curriculum for | ||||||
6 | school grades 2 through 8; | ||||||
7 | (B) a residential component focused on social and | ||||||
8 | emotional well-being, safety, and life skills; | ||||||
9 | (C) extracurricular activities, including a military | ||||||
10 | leadership program, vocational education program, music | ||||||
11 | and art, athletics, and cultural events; | ||||||
12 | (D) health and mental health services; | ||||||
13 | (E) tutoring and a learning resource center that | ||||||
14 | provides individualized and small group instruction; | ||||||
15 | (F) community service, volunteering, and service | ||||||
16 | learning activities; | ||||||
17 | (G) a parent partnering program, which includes family | ||||||
18 | therapy (if needed), home visits, and parental support and | ||||||
19 | education and promotes familial integration into all | ||||||
20 | aspects of programming; | ||||||
21 | (H) programs that are preventative for students, | ||||||
22 | diverting them from such outcomes as: | ||||||
23 | (i) reliance on social service programs; | ||||||
24 | (ii) dangerous behaviors; | ||||||
25 | (iii) untreated or unmanaged mental and medical | ||||||
26 | illnesses; |
| |||||||
| |||||||
1 | (iv) unemployment; | ||||||
2 | (v) crime; and | ||||||
3 | (vi) involvement with the justice system; | ||||||
4 | (I) year-round programming, including summer camp and | ||||||
5 | academic enrichment; and | ||||||
6 | (J) Professional development focused on language arts | ||||||
7 | and reading standards, mathematics standards, science | ||||||
8 | standards, technology standards, and developmental or life | ||||||
9 | skill standards using innovative and best practices for all | ||||||
10 | students. | ||||||
11 | "Special Education Summer School Pupil" means a child with | ||||||
12 | disabilities participating in a summer school program meeting | ||||||
13 | the fiscal year 2016 eligibility requirements for a summer | ||||||
14 | school grant under Section 18-4.3 of this Code. | ||||||
15 | "Statewide weighted-average" means an average calculation | ||||||
16 | for all school districts in this State in which a weighting is | ||||||
17 | assigned to each school district's quantity in the average | ||||||
18 | calculation based on its Prior Year ADA. | ||||||
19 | "Total Primary State Aid" means the amount of primary State | ||||||
20 | aid allotted to a school district pursuant to subsection (e) of | ||||||
21 | this Section and any supplemental grants allotted pursuant to | ||||||
22 | paragraphs (2), (3), and (4) of subsection (h) of this Section. | ||||||
23 | "Weighted Foundation Level" means the Foundation Level | ||||||
24 | multiplied by the District Weighted Average. | ||||||
25 | "Weighted Foundation Level Budget" means, for a particular | ||||||
26 | school district, the Weighted Foundation Level multiplied by |
| |||||||
| |||||||
1 | the ADA. | ||||||
2 | "Weighting Factor" means, for each Additional Weight | ||||||
3 | classification in paragraph (5) of subsection (b) of this | ||||||
4 | Section, the amount multiplied by the Weighting Percentage to | ||||||
5 | calculate the Additional Weight figure. | ||||||
6 | "Weighting Percentage" means, for each Additional Weight | ||||||
7 | classification in paragraph (5) of subsection (b) of this | ||||||
8 | Section, the amount multiplied by the Weighting Factor to | ||||||
9 | calculate the Additional Weight figure. | ||||||
10 | (b) Foundation Level; weighting for district pupil | ||||||
11 | characteristics. | ||||||
12 | (1) The Foundation Level is a figure established by this | ||||||
13 | State representing the minimum level of per pupil financial | ||||||
14 | support that should be available to provide for the basic | ||||||
15 | education of each pupil in Average Daily Attendance in a public | ||||||
16 | school in this State. Then, for each school district, the | ||||||
17 | Foundation Level is weighted in accordance with the Additional | ||||||
18 | Weights set forth in paragraph (5) of this subsection (b) to | ||||||
19 | account for the pupil characteristics within that school | ||||||
20 | district, and, if applicable, a Regionalization Factor | ||||||
21 | determined pursuant to paragraph (6) of this subsection (b) is | ||||||
22 | applied to account for regional variation in wages. As set | ||||||
23 | forth in this Section, each school district is assumed to exert | ||||||
24 | a sufficient local taxing effort such that, in combination with | ||||||
25 | the aggregate of primary State financial aid provided the | ||||||
26 | district, an aggregate of State and local resources are |
| |||||||
| |||||||
1 | available to meet the basic education needs of pupils in the | ||||||
2 | district. | ||||||
3 | (2) Subject to paragraph (3) of this subsection (b), for | ||||||
4 | the 2016-2017 school year and each school year thereafter, the | ||||||
5 | Foundation Level of support is $6,119 or such greater amount as | ||||||
6 | may be established by law by the General Assembly. | ||||||
7 | (3) If the appropriation in any fiscal year for primary | ||||||
8 | State aid and the supplemental grants provided for in | ||||||
9 | paragraphs (2) and (3) of subsection (h) of this Section is | ||||||
10 | insufficient to pay the amounts required under the calculations | ||||||
11 | set forth in this Section, then the State Board of Education | ||||||
12 | shall adjust the Foundation Level to an amount so that the | ||||||
13 | appropriation is sufficient to pay all primary State aid and | ||||||
14 | the supplemental grants provided for in paragraphs (2) through | ||||||
15 | (4) of subsection (h) of this Section. | ||||||
16 | (4) For each school district, the Foundation Level shall be | ||||||
17 | adjusted by multiplying the Foundation Level by a District | ||||||
18 | Weighted Average figure, resulting in the school district's | ||||||
19 | Weighted Foundation Level. The District Weighted Average | ||||||
20 | figure for a particular school district shall be a number equal | ||||||
21 | to 1.0 plus each of the Additional Weights described in | ||||||
22 | paragraph (5) of this subsection (b) applicable to that | ||||||
23 | district. In addition, if applicable for a particular school | ||||||
24 | district pursuant to paragraph (6) of this subsection (b), the | ||||||
25 | 1.0 figure and each Additional Weight shall be multiplied by a | ||||||
26 | Regionalization Factor to determine its District Weighted |
| |||||||
| |||||||
1 | Average calculation. For each Additional Weight, the figure | ||||||
2 | included in the District Weighted Average prior to the | ||||||
3 | application of any Regionalization Factor is the product of the | ||||||
4 | Weighting Factor multiplied by the Weighting Percentage, as | ||||||
5 | both are specified in paragraph (5) of this subsection (b). For | ||||||
6 | each school district, the State Board of Education shall | ||||||
7 | publicly report the district's District Weighted Average, | ||||||
8 | Weighted Foundation Level, Additional Weights, Regionalization | ||||||
9 | Factor multiplier, amount of the Weighted Foundation Level | ||||||
10 | Budget attributable to each Additional Weight on an aggregate | ||||||
11 | and per-student basis, and amount of primary State aid received | ||||||
12 | attributable to each Additional Weight on an aggregate and | ||||||
13 | per-student basis. | ||||||
14 | (5) Additional Weights: | ||||||
15 | (A) English Learner Pupils: | ||||||
16 | (i) Weighting Factor of 0.20; and | ||||||
17 | (ii) Weighting Percentage equal to the Prior Year | ||||||
18 | ADA of English Learner Pupils, divided by the Prior | ||||||
19 | Year ADA for all pupils. | ||||||
20 | (B) Low-Income Pupils: The higher of the weights | ||||||
21 | determined through the following 2 methods: | ||||||
22 | (i) Regular low-income method: | ||||||
23 | (I) Weighting Factor of 0.25; and | ||||||
24 | (II) Weighting Percentage equal to the DHS | ||||||
25 | Low-income Eligible Count, divided by the Prior | ||||||
26 | Year ADA for all pupils. |
| |||||||
| |||||||
1 | (ii) Low-income concentration method: | ||||||
2 | (I) Weighting Factor of 0.80 multiplied by the | ||||||
3 | Weighting Percentage as calculated in accordance | ||||||
4 | with the regular low-income method, provided that | ||||||
5 | the Weighting Factor pursuant to this method shall | ||||||
6 | not exceed 0.75; and | ||||||
7 | (II) Weighting Percentage equal to the | ||||||
8 | Weighting Percentage as calculated in accordance | ||||||
9 | with the regular low-income method. | ||||||
10 | (C) Children with disabilities: | ||||||
11 | (i) Weighting Factor of 1.0; and | ||||||
12 | (ii) Weighting Percentage equal to the higher of | ||||||
13 | the percentages in the following items as applicable to | ||||||
14 | each school district: | ||||||
15 | (I) a Weighting Percentage established by the | ||||||
16 | State Board of Education prior to the start of each | ||||||
17 | State fiscal year representative of the statewide | ||||||
18 | weighted-average percentage of students with | ||||||
19 | disabilities based on the most recent data | ||||||
20 | collected by the State Board of Education; and | ||||||
21 | (II) Weighting Percentage under this item (II) | ||||||
22 | for any school district that demonstrates, in | ||||||
23 | accordance with requirements established by the | ||||||
24 | State Board of Education, that the percentage of | ||||||
25 | its students with disabilities exceeds the | ||||||
26 | representative statewide weighted-average |
| |||||||
| |||||||
1 | percentage established pursuant to item (I) of | ||||||
2 | this clause (ii). For any such school district, the | ||||||
3 | Weighting Percentage shall equal the lesser of (i) | ||||||
4 | the Prior Year ADA of the district's students with | ||||||
5 | disabilities (as verified by the State Board of | ||||||
6 | Education) divided by the Prior Year ADA for all | ||||||
7 | pupils and (ii) the representative statewide | ||||||
8 | weighted-average percentage established pursuant | ||||||
9 | to item (I) of this clause (ii) plus 5 percentage | ||||||
10 | points. | ||||||
11 | (D) Special Education Summer School Pupils: | ||||||
12 | (i) Weighting Factor of 0.03; and | ||||||
13 | (ii) Weighting Percentage equal to the Prior Year | ||||||
14 | ADA of Special Education Summer School Pupils, divided | ||||||
15 | by the Prior Year ADA for all pupils. | ||||||
16 | (E) Gifted Pupils: | ||||||
17 | (i) Weighting Factor of 0.01; and | ||||||
18 | (ii) Weighting Percentage equal to the Prior Year | ||||||
19 | ADA of Gifted Pupils, divided by the Prior Year ADA for | ||||||
20 | all pupils, provided that the Prior Year ADA of Gifted | ||||||
21 | Pupils used for such calculation shall not exceed 5% of | ||||||
22 | the Prior Year ADA for pupils in kindergarten through | ||||||
23 | grade 8. | ||||||
24 | (F) Pupils in Kindergarten Providing a Full Day of | ||||||
25 | Attendance Through Grade 3: | ||||||
26 | (i) Weighting Factor of 0.05; and |
| |||||||
| |||||||
1 | (ii) Weighting Percentage equal to the Prior Year | ||||||
2 | ADA of pupils in kindergarten providing a full day of | ||||||
3 | attendance through grade 3, divided by the Prior Year | ||||||
4 | ADA for all pupils. | ||||||
5 | (G) Pupils in Grade 9: | ||||||
6 | (i) Weighting Factor of 0.15; and | ||||||
7 | (ii) Weighting Percentage equal to the Prior Year | ||||||
8 | ADA of pupils in grade 9, divided by the Prior Year ADA | ||||||
9 | for all pupils. | ||||||
10 | (6) For each school district with a Regionalization Index | ||||||
11 | Value higher than the statewide weighted-average | ||||||
12 | Regionalization Index Value, the base value of 1.0 and each | ||||||
13 | Additional Weight included in the calculation of its District | ||||||
14 | Weighted Average shall be multiplied by a Regionalization | ||||||
15 | Factor calculated in accordance with this paragraph (6). The | ||||||
16 | Regionalization Factor shall equal the school district's | ||||||
17 | Regionalization Index Value divided by the statewide | ||||||
18 | weighted-average Regionalization Index Value for the most | ||||||
19 | recent year that the data is compiled. For purposes of this | ||||||
20 | paragraph (6), "Regionalization Index Value" means the | ||||||
21 | Comparable Wage Index developed for the National Center for | ||||||
22 | Education Statistics and published for each school district. | ||||||
23 | This Index measures systematic, regional variations in the | ||||||
24 | salaries of college graduates who are not educators. The State | ||||||
25 | Board of Education may contract for the calculation of the | ||||||
26 | Comparable Wage Index using the same methodology if the |
| |||||||
| |||||||
1 | Comparable Wage Index developed for the National Center for | ||||||
2 | Education Statistics becomes unavailable. For any school | ||||||
3 | district that does not have a Comparable Wage Index, the State | ||||||
4 | Board of Education shall estimate a Regionalization Index Value | ||||||
5 | using reasonably available information. | ||||||
6 | (c) Average Daily Attendance. | ||||||
7 | (1) For purposes of calculating primary State aid pursuant | ||||||
8 | to subsection (e) of this Section, an Average Daily Attendance | ||||||
9 | figure shall be utilized. The Average Daily Attendance figure | ||||||
10 | for formula calculation purposes shall be the monthly average | ||||||
11 | of the total number of pupils in attendance for each school | ||||||
12 | district, as further averaged for the best 3 months of pupil | ||||||
13 | attendance for each school district. In compiling the figures | ||||||
14 | for the number of pupils in attendance, school districts and | ||||||
15 | the State Board of Education shall, for purposes of primary | ||||||
16 | State aid funding, conform attendance figures to the | ||||||
17 | requirements of subsection (f) of this Section. | ||||||
18 | (2) The Average Daily Attendance figures utilized in | ||||||
19 | subsections (d) and (e) of this Section shall be the requisite | ||||||
20 | attendance data for the school year immediately preceding the | ||||||
21 | school year for which primary State aid is being calculated or | ||||||
22 | the average of the attendance data for the 3 preceding school | ||||||
23 | years, whichever is greater. The Average Daily Attendance | ||||||
24 | figures utilized for subsection (b) of this Section shall be | ||||||
25 | the requisite attendance data for the school year immediately | ||||||
26 | preceding the school year for which primary State aid is being |
| |||||||
| |||||||
1 | calculated. | ||||||
2 | (d) Available Local Resources Per Pupil. | ||||||
3 | (1) For purposes of calculating primary State aid pursuant | ||||||
4 | to subsection (e) of this Section, a representation of | ||||||
5 | Available Local Resources Per Pupil, as that term is defined | ||||||
6 | and determined in this subsection (d), shall be utilized. | ||||||
7 | Available Local Resources Per Pupil shall include a calculated | ||||||
8 | dollar amount representing school district revenues from local | ||||||
9 | property taxes and from Corporate Personal Property | ||||||
10 | Replacement Taxes, expressed on the basis of pupils in Average | ||||||
11 | Daily Attendance. | ||||||
12 | (2) In determining a school district's revenue from local | ||||||
13 | property taxes, the State Board of Education shall utilize the | ||||||
14 | equalized assessed valuation of all taxable property of each | ||||||
15 | school district as of September 30 of the previous year. The | ||||||
16 | equalized assessed valuation utilized shall be obtained and | ||||||
17 | determined as provided in subsection (g) of this Section. | ||||||
18 | (3) For school districts maintaining grades kindergarten | ||||||
19 | through 12, local property tax revenues per pupil shall be | ||||||
20 | calculated as the product of the applicable equalized assessed | ||||||
21 | valuation for the district multiplied by 3.00%, and divided by | ||||||
22 | the district's Average Daily Attendance figure. For school | ||||||
23 | districts maintaining grades kindergarten through 8, local | ||||||
24 | property tax revenues per pupil shall be calculated as the | ||||||
25 | product of the applicable equalized assessed valuation for the | ||||||
26 | district multiplied by 2.30%, and divided by the district's |
| |||||||
| |||||||
1 | Average Daily Attendance figure. For school districts | ||||||
2 | maintaining grades 9 through 12, local property tax revenues | ||||||
3 | per pupil shall be the applicable equalized assessed valuation | ||||||
4 | of the district multiplied by 1.05%, and divided by the | ||||||
5 | district's Average Daily Attendance figure. | ||||||
6 | For partial elementary unit districts created pursuant to | ||||||
7 | Article 11E of this Code, local property tax revenues per pupil | ||||||
8 | shall be calculated as the product of the equalized assessed | ||||||
9 | valuation for property within the partial elementary unit | ||||||
10 | district for elementary purposes, as defined in Article 11E of | ||||||
11 | this Code, multiplied by 2.06% and divided by the district's | ||||||
12 | Average Daily Attendance figure, plus the product of the | ||||||
13 | equalized assessed valuation for property within the partial | ||||||
14 | elementary unit district for high school purposes, as defined | ||||||
15 | in Article 11E of this Code, multiplied by 0.94% and divided by | ||||||
16 | the district's Average Daily Attendance figure. | ||||||
17 | (4) The Corporate Personal Property Replacement Taxes paid | ||||||
18 | to each school district during the calendar year one year | ||||||
19 | before the calendar year in which a school year begins, divided | ||||||
20 | by the Average Daily Attendance figure for that district, shall | ||||||
21 | be added to the local property tax revenues per pupil as | ||||||
22 | derived by the application of paragraph (3) of this subsection | ||||||
23 | (d). The sum of these per pupil figures for each school | ||||||
24 | district shall constitute Available Local Resources Per Pupil | ||||||
25 | as that term is utilized in subsection (e) of this Section in | ||||||
26 | the calculation of primary State aid. |
| |||||||
| |||||||
1 | (e) Computation of primary State aid. | ||||||
2 | (1) For each school year, the amount of primary State aid | ||||||
3 | allotted to a school district shall be computed by the State | ||||||
4 | Board of Education as provided in this subsection (e). | ||||||
5 | (2) Subject to paragraph (4) of this subsection (e), for | ||||||
6 | any school district for which the Per-pupil Aid is more than | ||||||
7 | the Flat Grant Level, primary State aid for that district shall | ||||||
8 | be in an amount equal to its Per-pupil Aid multiplied by its | ||||||
9 | Average Daily Attendance figure. | ||||||
10 | (3) Subject to paragraph (4) of this subsection (e), for | ||||||
11 | any school district for which the Per-pupil Aid is equal to or | ||||||
12 | less than the Flat Grant Level, primary State aid for that | ||||||
13 | district shall be in an amount equal to the Adjusted Flat Grant | ||||||
14 | Level multiplied by the district's Average Daily Attendance | ||||||
15 | figure. | ||||||
16 | (4) From financial assistance provided to school districts | ||||||
17 | under this Section, the State Board of Education shall withhold | ||||||
18 | the following amounts for the following purposes: | ||||||
19 | (A) For each school district with an Additional Weight | ||||||
20 | for Pupils of Limited English-speaking Ability, the State | ||||||
21 | Board of Education shall withhold an amount not exceeding | ||||||
22 | one and one-half percent of the district's Weighted | ||||||
23 | Foundation Level Budget attributable to Pupils of Limited | ||||||
24 | English-speaking Ability for (i) State Board of Education | ||||||
25 | staff for administration and (ii) contractual services by a | ||||||
26 | not-for-profit entity for technical assistance, |
| |||||||
| |||||||
1 | professional development, and other support to school | ||||||
2 | districts and educators for services for these pupils. To | ||||||
3 | be eligible to receive the contract under clause (ii) of | ||||||
4 | this subdivision (A), the not-for-profit entity must have | ||||||
5 | experience providing such services in a school district | ||||||
6 | having a population exceeding 500,000; one or more school | ||||||
7 | districts in any of the counties of Lake, McHenry, DuPage, | ||||||
8 | Kane, and Will; and one or more school districts elsewhere | ||||||
9 | in this State. | ||||||
10 | (B) The State Board of Education shall withhold an | ||||||
11 | amount not exceeding one-half percent of each school | ||||||
12 | district's Weighted Foundation Level Budget attributable | ||||||
13 | to children with disabilities and Special Education Summer | ||||||
14 | School Pupils for State Board of Education staff and | ||||||
15 | contractual services for administration, professional | ||||||
16 | development, and support to school districts for services | ||||||
17 | for children with disabilities. The State Board of | ||||||
18 | Education shall use a portion of the withheld amounts for | ||||||
19 | developing or supporting electronic individualized | ||||||
20 | educational programs. | ||||||
21 | (f) Compilation of Average Daily Attendance. | ||||||
22 | (1) Each school district shall, on or before July 1 of each | ||||||
23 | year, submit to the State Board of Education, in a manner | ||||||
24 | prescribed by the State Board of Education, attendance figures | ||||||
25 | for the school year that began in the preceding calendar year. | ||||||
26 | The attendance information so transmitted shall identify the |
| |||||||
| |||||||
1 | Average Daily Attendance figures for each month of the school | ||||||
2 | year. School districts shall calculate Average Daily | ||||||
3 | Attendance as provided in subdivisions (A), (B), and (C) of | ||||||
4 | this paragraph (1). | ||||||
5 | (A) In districts that do not hold year-round classes, | ||||||
6 | days of attendance in August shall be added to the month of | ||||||
7 | September and any days of attendance in June shall be added | ||||||
8 | to the month of May. | ||||||
9 | (B) In districts in which all buildings hold year-round | ||||||
10 | classes, days of attendance in July and August shall be | ||||||
11 | added to the month of September and any days of attendance | ||||||
12 | in June shall be added to the month of May. | ||||||
13 | (C) In districts in which some buildings, but not all, | ||||||
14 | hold year-round classes, for the non-year-round buildings, | ||||||
15 | days of attendance in August shall be added to the month of | ||||||
16 | September and any days of attendance in June shall be added | ||||||
17 | to the month of May. The Average Daily Attendance for the | ||||||
18 | year-round buildings shall be computed as provided in | ||||||
19 | subdivision (B) of this paragraph (1). To calculate the | ||||||
20 | Average Daily Attendance for the district, the Average | ||||||
21 | Daily Attendance for the year-round buildings shall be | ||||||
22 | multiplied by the days in session for the non-year-round | ||||||
23 | buildings for each month and added to the monthly | ||||||
24 | attendance of the non-year-round buildings. | ||||||
25 | (2) For the 2016-2017 school year, days of attendance by | ||||||
26 | pupils shall be counted in accordance with paragraphs (1) and |
| |||||||
| |||||||
1 | (2) of subsection (F) of Section 18-8.05 of this Code. | ||||||
2 | (g) Equalized assessed valuation data. | ||||||
3 | (1) For purposes of the calculation of Available Local | ||||||
4 | Resources Per Pupil required pursuant to subsection (d) of this | ||||||
5 | Section, the State Board of Education shall secure from the | ||||||
6 | Department of Revenue the value as equalized or assessed by the | ||||||
7 | Department of Revenue of all taxable property of every school | ||||||
8 | district, together with (i) the applicable tax rate used in | ||||||
9 | extending taxes for the funds of the district as of September | ||||||
10 | 30 of the previous year and (ii) the limiting rate for all | ||||||
11 | school districts subject to property tax extension limitations | ||||||
12 | as imposed under the Property Tax Extension Limitation Law. | ||||||
13 | The Department of Revenue shall add to the equalized | ||||||
14 | assessed value of all taxable property of each school district | ||||||
15 | situated entirely or partially within a county that is or was | ||||||
16 | subject to the provisions of Section 15-176 or 15-177 of the | ||||||
17 | Property Tax Code (A) an amount equal to the total amount by | ||||||
18 | which the homestead exemption allowed under Section 15-176 or | ||||||
19 | 15-177 of the Property Tax Code for real property situated in | ||||||
20 | that school district exceeds the total amount that would have | ||||||
21 | been allowed in that school district if the maximum reduction | ||||||
22 | under Section 15-176 was $5,000 and (B) an amount equal to the | ||||||
23 | aggregate amount for the taxable year of all additional | ||||||
24 | exemptions under Section 15-175 of the Property Tax Code for | ||||||
25 | owners with a household income of $30,000 or less. The county | ||||||
26 | clerk of any county that is or was subject to the provisions of |
| |||||||
| |||||||
1 | Section 15-176 or 15-177 of the Property Tax Code shall | ||||||
2 | annually calculate and certify to the Department of Revenue for | ||||||
3 | each school district all homestead exemption amounts under | ||||||
4 | Section 15-176 or 15-177 of the Property Tax Code and all | ||||||
5 | amounts of additional exemptions under Section 15-175 of the | ||||||
6 | Property Tax Code for owners with a household income of $30,000 | ||||||
7 | or less. It is the intent of this paragraph that if the general | ||||||
8 | homestead exemption for a parcel of property is determined | ||||||
9 | under Section 15-176 or 15-177 of the Property Tax Code rather | ||||||
10 | than Section 15-175, then the calculation of Available Local | ||||||
11 | Resources Per Pupil shall not be affected by the difference, if | ||||||
12 | any, between the amount of the general homestead exemption | ||||||
13 | allowed for that parcel of property under Section 15-176 or | ||||||
14 | 15-177 of the Property Tax Code and the amount that would have | ||||||
15 | been allowed had the general homestead exemption for that | ||||||
16 | parcel of property been determined under Section 15-175 of the | ||||||
17 | Property Tax Code. It is further the intent of this paragraph | ||||||
18 | that if additional exemptions are allowed under Section 15-175 | ||||||
19 | of the Property Tax Code for owners with a household income of | ||||||
20 | less than $30,000, then the calculation of Available Local | ||||||
21 | Resources Per Pupil shall not be affected by the difference, if | ||||||
22 | any, because of those additional exemptions. | ||||||
23 | This equalized assessed valuation, as adjusted further by | ||||||
24 | the requirements of this subsection (g), shall be utilized in | ||||||
25 | the calculation of Available Local Resources Per Pupil. | ||||||
26 | (2) The equalized assessed valuation in paragraph (1) of |
| |||||||
| |||||||
1 | this subsection (g) shall be adjusted, as applicable, in the | ||||||
2 | following manner: | ||||||
3 | (A) For the purposes of calculating primary State aid | ||||||
4 | under this Section, with respect to any part of a school | ||||||
5 | district within a redevelopment project area in respect to | ||||||
6 | which a municipality has adopted tax increment allocation | ||||||
7 | financing pursuant to the Tax Increment Allocation | ||||||
8 | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | ||||||
9 | of the Illinois Municipal Code, or the Industrial Jobs | ||||||
10 | Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the | ||||||
11 | Illinois Municipal Code, no part of the current equalized | ||||||
12 | assessed valuation of real property located in any such | ||||||
13 | project area that is attributable to an increase above the | ||||||
14 | total initial equalized assessed valuation of such | ||||||
15 | property shall be used as part of the equalized assessed | ||||||
16 | valuation of the district, until such time as all | ||||||
17 | redevelopment project costs have been paid, as provided in | ||||||
18 | Section 11-74.4-8 of the Tax Increment Allocation | ||||||
19 | Redevelopment Act or in Section 11-74.6-35 of the | ||||||
20 | Industrial Jobs Recovery Law. For the purpose of the | ||||||
21 | equalized assessed valuation of the district, the total | ||||||
22 | initial equalized assessed valuation or the current | ||||||
23 | equalized assessed valuation, whichever is lower, shall be | ||||||
24 | used until such time as all redevelopment project costs | ||||||
25 | have been paid. | ||||||
26 | (B) The real property equalized assessed valuation for |
| |||||||
| |||||||
1 | a school district shall be adjusted by subtracting from the | ||||||
2 | real property value as equalized or assessed by the | ||||||
3 | Department of Revenue for the district an amount computed | ||||||
4 | by dividing the amount of any abatement of taxes under | ||||||
5 | Section 18-170 of the Property Tax Code by 3.00% for a | ||||||
6 | district maintaining grades kindergarten through 12, by | ||||||
7 | 2.30% for a district maintaining grades kindergarten | ||||||
8 | through 8, or by 1.05% for a district maintaining grades 9 | ||||||
9 | through 12 and adjusted by an amount computed by dividing | ||||||
10 | the amount of any abatement of taxes under subsection (a) | ||||||
11 | of Section 18-165 of the Property Tax Code by the same | ||||||
12 | percentage rates for district type as specified in this | ||||||
13 | subdivision (B). | ||||||
14 | (3) If a school district's boundaries span multiple | ||||||
15 | counties, then the Department of Revenue shall send to the | ||||||
16 | State Board of Education, for the purpose of calculating | ||||||
17 | primary State aid, the limiting rate and individual rates by | ||||||
18 | purpose for the county that contains the majority of the school | ||||||
19 | district's Equalized Assessed Valuation. | ||||||
20 | (h) Supplemental grants. | ||||||
21 | (1) The Total Primary State Aid a school district is | ||||||
22 | allotted pursuant to this Section shall be subject to | ||||||
23 | adjustment as provided in this subsection (h). Any supplemental | ||||||
24 | grants allotted to school districts pursuant to this subsection | ||||||
25 | (h) shall be paid in conjunction with the school district's | ||||||
26 | payments of primary State aid. When calculating the |
| |||||||
| |||||||
1 | supplemental grants for a particular school district under this | ||||||
2 | Section, the State Board of Education shall first calculate the | ||||||
3 | supplemental grant, if any, under paragraph (2) of this | ||||||
4 | subsection (h) for school districts subject to property tax | ||||||
5 | extension limitations. The State Board of Education shall next | ||||||
6 | calculate the supplemental grant under paragraph (3) of this | ||||||
7 | subsection (h) if the school district has a per-pupil loss | ||||||
8 | exceeding $1,000. The State Board of Education shall then | ||||||
9 | calculate the amount of the adequacy grant, if any, to the | ||||||
10 | school district under paragraph (4) of this subsection (h). | ||||||
11 | Finally, the State Board of Education shall calculate the | ||||||
12 | supplemental grants specified in paragraph (5) of this | ||||||
13 | subsection (h). | ||||||
14 | (2) If a school district is subject to property tax | ||||||
15 | extension limitations as imposed under the Property Tax | ||||||
16 | Extension Limitation Law, a school district shall receive a | ||||||
17 | supplemental grant pursuant to this paragraph (2) to account | ||||||
18 | for the difference between its Extension Limitation Equalized | ||||||
19 | Assessed Valuation and the school district's equalized | ||||||
20 | assessed valuation as calculated under paragraphs (1) and (2) | ||||||
21 | of subsection (g) of this Section. The State Board of Education | ||||||
22 | shall calculate the Extension Limitation Equalized Assessed | ||||||
23 | Valuation of each district subject to property tax extension | ||||||
24 | limitations as imposed under the Property Tax Extension | ||||||
25 | Limitation Law. Except as otherwise provided in this paragraph | ||||||
26 | (2) for a school district that has approved or does approve an |
| |||||||
| |||||||
1 | increase in its limiting rate, the "Extension Limitation | ||||||
2 | Equalized Assessed Valuation" of a school district as | ||||||
3 | calculated by the State Board of Education shall be equal to | ||||||
4 | the product of the equalized assessed valuation last used in | ||||||
5 | the calculation of general State aid under Section 18-8.05 of | ||||||
6 | this Code or primary State aid under this Section and the | ||||||
7 | district's Extension Limitation Ratio. If a school district has | ||||||
8 | approved or does approve an increase in its limiting rate, | ||||||
9 | pursuant to Section 18-190 of the Property Tax Code, affecting | ||||||
10 | the Base Tax Year, the Extension Limitation Equalized Assessed | ||||||
11 | Valuation of the school district, as calculated by the State | ||||||
12 | Board of Education, shall be equal to the product of the | ||||||
13 | equalized assessed valuation last used in the calculation of | ||||||
14 | general State aid pursuant to Section 18-8.05 of this Code or | ||||||
15 | primary State aid pursuant to this Section times an amount | ||||||
16 | equal to one plus the percentage increase, if any, in the | ||||||
17 | Consumer Price Index for all Urban Consumers for all items | ||||||
18 | published by the United States Department of Labor for the | ||||||
19 | 12-month calendar year preceding the Base Tax Year, plus the | ||||||
20 | equalized assessed valuation of new property, annexed | ||||||
21 | property, and recovered tax increment value and minus the | ||||||
22 | equalized assessed valuation of disconnected property. New | ||||||
23 | property and recovered tax increment value shall have the | ||||||
24 | meanings set forth in the Property Tax Extension Limitation | ||||||
25 | Law. Notwithstanding anything to the contrary contained in this | ||||||
26 | paragraph (2), a PTELL EAV floor school district's Extension |
| |||||||
| |||||||
1 | Limitation Equalized Assessed Valuation shall not be less than | ||||||
2 | 85% of the district's equalized assessed valuation as | ||||||
3 | calculated pursuant to paragraphs (1) and (2) of subsection (g) | ||||||
4 | of this Section. | ||||||
5 | If the Extension Limitation Equalized Assessed Valuation | ||||||
6 | of a school district as calculated under this paragraph (2) is | ||||||
7 | less than the district's equalized assessed valuation as | ||||||
8 | calculated pursuant to paragraphs (1) and (2) of subsection (g) | ||||||
9 | of this Section, then the school district shall receive a | ||||||
10 | supplemental grant equal to its PTELL PSA Adjustment as | ||||||
11 | calculated by the State Board of Education. | ||||||
12 | (3) Notwithstanding anything to the contrary contained in | ||||||
13 | this Section, if a school district's per-pupil primary State | ||||||
14 | aid allotment is less than its Per-pupil Hold Harmless State | ||||||
15 | Funding by an amount exceeding $1,000, then the amount of | ||||||
16 | primary State aid allotted to the school district shall be | ||||||
17 | increased by a supplemental grant pursuant to this paragraph | ||||||
18 | (3). The primary State aid supplemental grant shall equal an | ||||||
19 | amount sufficient to raise the school district's per-pupil | ||||||
20 | primary State aid allotment to an amount that is $1,000 less | ||||||
21 | than the school district's Per-pupil Hold Harmless State | ||||||
22 | Funding. For purposes of this paragraph (3), a school | ||||||
23 | district's per-pupil primary State aid allotment shall be | ||||||
24 | calculated by the State Board of Education as the sum of the | ||||||
25 | primary State aid allotted to the school district pursuant to | ||||||
26 | subsection (e) of this Section and any supplemental grants |
| |||||||
| |||||||
1 | pursuant to this paragraph (3) and paragraph (2) of this | ||||||
2 | subsection (h), divided by the school district's Average Daily | ||||||
3 | Attendance figure. | ||||||
4 | (4) The State Board of Education shall administer the | ||||||
5 | distribution of adequacy grants in accordance with this | ||||||
6 | paragraph (4). Each school district with an Adequacy Target | ||||||
7 | percent of less than 110% shall receive a supplemental adequacy | ||||||
8 | grant calculated in accordance with subdivision (A) of this | ||||||
9 | paragraph (4), subject to appropriations for such grants. For | ||||||
10 | purposes of calculating a school district's Adequacy Target | ||||||
11 | percent, a school district's operating expense per pupil shall | ||||||
12 | be the most recent figure calculated by the State Board of | ||||||
13 | Education as of the start of the fiscal year for which the | ||||||
14 | calculations in this paragraph (4) apply. | ||||||
15 | A school district with an Adequacy Target percent of not | ||||||
16 | more than 100% shall receive a supplemental adequacy grant | ||||||
17 | equal to its Adequacy Grant Loss. A school district with an | ||||||
18 | Adequacy Target percent of more than 100% but less than 110% | ||||||
19 | shall receive a supplemental adequacy grant equal to the | ||||||
20 | product of its Adequacy Grant Loss and a percent figure | ||||||
21 | calculated as follows: 110% less the school district's Adequacy | ||||||
22 | Target percent, with the resulting percent figure multiplied by | ||||||
23 | 10. A school district with an Adequacy Target percent of 110% | ||||||
24 | or higher shall not receive a supplemental adequacy grant | ||||||
25 | pursuant to this paragraph (4). | ||||||
26 | (5) Notwithstanding anything to the contrary contained in |
| |||||||
| |||||||
1 | this Section, the Total Primary State Aid allotted to a school | ||||||
2 | district for the 2016-2017 school year shall be subject to | ||||||
3 | increase through supplemental grants as follows: | ||||||
4 | If, for the 2016-2017 school year, the Total Primary State | ||||||
5 | Aid is less than Hold Harmless State Funding, then the amount | ||||||
6 | of primary State aid allotted to the school district shall be | ||||||
7 | increased by a supplemental grant in the amount of 100% of the | ||||||
8 | difference between Hold Harmless State Funding and Total | ||||||
9 | Primary State Aid. | ||||||
10 | (i) Grants to Laboratory and Alternative Schools. In | ||||||
11 | calculating the amount to be paid to the governing board of a | ||||||
12 | public university that operates a Laboratory School or to any | ||||||
13 | Alternative School that is operated by a regional | ||||||
14 | superintendent of schools, the State Board of Education shall | ||||||
15 | require, by rule, such reporting requirements as it deems | ||||||
16 | necessary. Each Laboratory and Alternative School shall file, | ||||||
17 | on forms provided by the State Superintendent of Education, an | ||||||
18 | annual State aid claim that states the Average Daily Attendance | ||||||
19 | of the school's students by month. The best 3 months' Average | ||||||
20 | Daily Attendance shall be computed for each school. The primary | ||||||
21 | State aid entitlement shall be computed by multiplying the | ||||||
22 | applicable Average Daily Attendance by 105% of the Foundation | ||||||
23 | Level. If, for the 2016-2017 school year, the primary State aid | ||||||
24 | entitlement for a Laboratory School or Alternative School | ||||||
25 | calculated under this subsection (i) is less than the Hold | ||||||
26 | Harmless State Funding, the school shall receive a supplemental |
| |||||||
| |||||||
1 | grant of 100% of the difference in the 2016-2017 school year. | ||||||
2 | (j) District improvement plans, attendance center | ||||||
3 | distributions, and special education maintenance of State | ||||||
4 | financial support. | ||||||
5 | (1) Each school district making insufficient annual | ||||||
6 | progress, as determined by the State Board of Education, in the | ||||||
7 | educational performance of Low-income Pupils, English Learner | ||||||
8 | Pupils, or children with disabilities shall demonstrate, in | ||||||
9 | accordance with requirements adopted by the State Board of | ||||||
10 | Education, how local and State funds will be used for | ||||||
11 | strategies that give priority to meeting the educational needs | ||||||
12 | of each such category of pupils for which the school district | ||||||
13 | is making insufficient annual progress. For each such category | ||||||
14 | of pupils, budget information submitted in accordance with | ||||||
15 | State Board of Education requirements must demonstrate that the | ||||||
16 | combined amount of local funds and primary State aid funds | ||||||
17 | budgeted for strategies that give priority to that category of | ||||||
18 | pupils is proportionate or higher, on either an aggregate or | ||||||
19 | per-pupil basis, to the proportion of the Weighted Foundation | ||||||
20 | Level Budget attributable to that category of pupils. The State | ||||||
21 | Board of Education may adopt exceptions to the requirement for | ||||||
22 | proportionate or higher budgeting to address small pupil | ||||||
23 | subgroup populations, changes in pupil enrollment, or | ||||||
24 | extraordinary expenditures required for any school year. The | ||||||
25 | State Board of Education may also adopt exceptions to the | ||||||
26 | requirement for proportionate or higher budgeting for any |
| |||||||
| |||||||
1 | school district to implement district-wide or school-wide | ||||||
2 | strategies if the school district or school has a high | ||||||
3 | percentage of pupils in any particular category relative to | ||||||
4 | statewide averages and the district can demonstrate in its plan | ||||||
5 | that a district-wide or school-wide strategy is more likely to | ||||||
6 | achieve the district's educational objectives for a category of | ||||||
7 | pupils than a targeted strategy. If a school district fails to | ||||||
8 | adhere to proportionate or higher budgeting in accordance with | ||||||
9 | this paragraph (1), the school district must take corrective | ||||||
10 | action in accordance with requirements adopted by the State | ||||||
11 | Board of Education. If corrective action is not taken, the | ||||||
12 | State Board of Education shall deduct, from primary State aid | ||||||
13 | payments otherwise due the district, an amount equal to the | ||||||
14 | amount by which the district failed to adhere to the | ||||||
15 | proportionate or higher requirement. | ||||||
16 | (2) School districts with an Average Daily Attendance of | ||||||
17 | 50,000 or more shall be required to distribute, from funds | ||||||
18 | available pursuant to this Section, no less than $261,000,000 | ||||||
19 | in accordance with the following requirements: | ||||||
20 | (A) The required amounts shall be distributed to the | ||||||
21 | attendance centers within the district in proportion to the | ||||||
22 | number of Low-income Pupils enrolled at each attendance | ||||||
23 | center during the current school year. | ||||||
24 | (B) The distribution of these portions of primary State | ||||||
25 | aid among attendance centers according to these | ||||||
26 | requirements shall not be compensated for or contravened by |
| |||||||
| |||||||
1 | adjustments of the total of other funds appropriated to any | ||||||
2 | attendance centers, and the board of education shall | ||||||
3 | utilize funding from one or several sources in order to | ||||||
4 | fully implement this paragraph (2) annually prior to the | ||||||
5 | opening of school. | ||||||
6 | (C) Each attendance center shall be provided, by the | ||||||
7 | school district, with a distribution of other funds to | ||||||
8 | which the attendance center is entitled under law in order | ||||||
9 | that the primary State aid provided by application of this | ||||||
10 | paragraph (2) supplements rather than supplants the other | ||||||
11 | funds provided by the school district to the attendance | ||||||
12 | centers. | ||||||
13 | (D) Funds received by an attendance center pursuant to | ||||||
14 | this paragraph (2) shall be used by the attendance center | ||||||
15 | at the discretion of the principal and local school council | ||||||
16 | for programs to improve educational opportunities at | ||||||
17 | qualifying schools through the following programs and | ||||||
18 | services: early childhood education, reduced class size or | ||||||
19 | improved adult to student classroom ratios, enrichment | ||||||
20 | programs, remedial assistance, attendance improvement, and | ||||||
21 | other educationally beneficial expenditures that | ||||||
22 | supplement the regular and basic programs as determined by | ||||||
23 | the State Board of Education. Funds provided shall not be | ||||||
24 | expended for any political or lobbying purposes as defined | ||||||
25 | by rule of the State Board. | ||||||
26 | (E) Each district subject to the provisions of this |
| |||||||
| |||||||
1 | paragraph (2) shall submit an acceptable plan to meet the | ||||||
2 | educational needs of disadvantaged children, in compliance | ||||||
3 | with the requirements of this subdivision (E), to the State | ||||||
4 | Board of Education prior to July 15 of each year. This plan | ||||||
5 | shall be consistent with the decisions of local school | ||||||
6 | councils concerning the school expenditure plans developed | ||||||
7 | in accordance with subdivision 4 of Section 34-2.3 of this | ||||||
8 | Code. The State Board shall approve or reject the plan | ||||||
9 | within 60 days after its submission. If the plan is | ||||||
10 | rejected, the district shall give written notice of an | ||||||
11 | intent to modify the plan within 15 days after the | ||||||
12 | notification of rejection and then submit a modified plan | ||||||
13 | within 30 days after the date of the written notice of an | ||||||
14 | intent to modify. Districts may amend approved plans | ||||||
15 | pursuant to rules adopted by the State Board of Education. | ||||||
16 | Upon notification by the State Board of Education that | ||||||
17 | the district has not submitted a plan prior to July 15 or a | ||||||
18 | modified plan within the time period specified in this | ||||||
19 | subdivision (E), the State aid funds affected by that plan | ||||||
20 | or modified plan shall be withheld by the State Board of | ||||||
21 | Education until a plan or modified plan is submitted. | ||||||
22 | If the district fails to distribute State aid to | ||||||
23 | attendance centers in accordance with an approved plan, the | ||||||
24 | plan for the following year shall allocate funds, in | ||||||
25 | addition to the funds otherwise required by this paragraph | ||||||
26 | (2), to those attendance centers that were underfunded |
| |||||||
| |||||||
1 | during the previous year in amounts equal to such | ||||||
2 | underfunding. | ||||||
3 | For purposes of determining compliance with this paragraph | ||||||
4 | (2) in relation to the requirements of attendance center | ||||||
5 | funding, each district subject to the provisions of this | ||||||
6 | paragraph (2) shall submit as a separate document, on or before | ||||||
7 | December 1 of each year, a report of expenditure data for the | ||||||
8 | prior year in addition to any modification of its current plan. | ||||||
9 | If it is determined that there has been a failure to comply | ||||||
10 | with the expenditure provisions of this paragraph (2) regarding | ||||||
11 | contravention or supplanting, the State Superintendent of | ||||||
12 | Education shall, within 60 days after receipt of the report, | ||||||
13 | notify the district and any affected local school council. The | ||||||
14 | district shall, within 45 days after receipt of that | ||||||
15 | notification, inform the State Superintendent of Education of | ||||||
16 | the remedial or corrective action to be taken, whether by | ||||||
17 | amendment of the current plan, if feasible, or by adjustment in | ||||||
18 | the plan for the following year. Failure to provide the | ||||||
19 | expenditure report or the notification of remedial or | ||||||
20 | corrective action in a timely manner shall result in a | ||||||
21 | withholding of the affected funds. | ||||||
22 | The State Board of Education shall adopt rules to implement | ||||||
23 | the provisions of this paragraph (2). No funds shall be | ||||||
24 | released under this paragraph (2) to any district that has not | ||||||
25 | submitted a plan that has been approved by the State Board of | ||||||
26 | Education. |
| |||||||
| |||||||
1 | (3) Each fiscal year, the State Board of Education shall | ||||||
2 | calculate for each school district an amount of its Total | ||||||
3 | Primary State Aid funding that shall be deemed attributable to | ||||||
4 | the provision of special educational facilities and services, | ||||||
5 | as defined in Section 14-1.08 of this Code, in a manner that | ||||||
6 | ensures compliance with maintenance of State financial support | ||||||
7 | requirements under the federal Individuals with Disabilities | ||||||
8 | Education Act. A school district must use such funds only for | ||||||
9 | the provision of special educational facilities and services, | ||||||
10 | as defined in Section 14-1.08 of this Code, and must comply | ||||||
11 | with any expenditure verification procedures adopted by the | ||||||
12 | State Board of Education. | ||||||
13 | (k) Average Daily Attendance count adjustment for | ||||||
14 | residential boarding school within identified school district. | ||||||
15 | For the purposes of providing unique educational opportunities | ||||||
16 | to dependents or youths who are academic underperformers or who | ||||||
17 | could become academic underperformers due to circumstances, | ||||||
18 | but who have the potential to progress to high-performers who | ||||||
19 | are high school and college bound, a school district may | ||||||
20 | include eligible students that attend a Residential Boarding | ||||||
21 | School Program within that same district within the district's | ||||||
22 | Average Daily Attendance count should both parties deem | ||||||
23 | appropriate. | ||||||
24 | As used in this subsection (k), "eligible student" means a | ||||||
25 | student who is entitled to attend school, is at risk of | ||||||
26 | academic failure, is currently enrolled in grades 1 through 8, |
| |||||||
| |||||||
1 | is from a family who is low income, and meets at least one of | ||||||
2 | the following additional risk factors: | ||||||
3 | (1) The student is in foster care or has been declared | ||||||
4 | an adjudicated dependent by the court. | ||||||
5 | (2) The student's head of household is not the | ||||||
6 | student's custodial parent. | ||||||
7 | (3) The student has been residing in a household that | ||||||
8 | receives a housing voucher or has been determined eligible | ||||||
9 | for public housing assistance or is homeless. | ||||||
10 | (4) The student is from an impoverished community. | ||||||
11 | (5) A member of the student's immediate family has been | ||||||
12 | incarcerated. | ||||||
13 | (6) The student has experienced or is experiencing | ||||||
14 | traumatic events identified as adverse childhood | ||||||
15 | experiences that directly impact his or her educational | ||||||
16 | success, such as: | ||||||
17 | (A) abuse or neglect; | ||||||
18 | (B) bullying or exclusion; | ||||||
19 | (C) poverty or homelessness; | ||||||
20 | (D) discrimination; | ||||||
21 | (E) a household with substance abuse; | ||||||
22 | (F) witnessing or being a victim of violence; | ||||||
23 | (G) household mental illness; and | ||||||
24 | (H) divorce, deportation, or other family | ||||||
25 | separation. | ||||||
26 | (l) References. From July 1, 2016 to June 30, 2017, |
| |||||||
| |||||||
1 | references in other laws to general State aid funds or | ||||||
2 | calculations under Section 18-8.05 of this Code shall be deemed | ||||||
3 | to be references to primary State aid funds or calculations | ||||||
4 | under this Section. | ||||||
5 | (m) No funding or requirements under this Section shall be | ||||||
6 | provided to or required by school districts pursuant to this | ||||||
7 | Section after fiscal year 2017. All funding for school | ||||||
8 | districts shall be pursuant to the Evidence-Based Model as | ||||||
9 | provided in Section 18-8.20. | ||||||
10 | (105 ILCS 5/18-8.20 new) | ||||||
11 | Sec. 18-8.20. Evidence-based funding for student success | ||||||
12 | for the 2017-2018 and subsequent school years. | ||||||
13 | (a) The purpose of this Section is to ensure that, by June | ||||||
14 | 30, 2027, this State has a kindergarten through grade 12 public | ||||||
15 | education system with the capacity to ensure the educational | ||||||
16 | development of all persons to the limits of their capacities in | ||||||
17 | accordance with Section 1 of Article 10 of the Constitution of | ||||||
18 | the State of Illinois. To accomplish that objective, this | ||||||
19 | Section creates a method of funding public education that is | ||||||
20 | evidence-based; is sufficient to ensure every student receives | ||||||
21 | a meaningful opportunity to learn irrespective of race, | ||||||
22 | ethnicity, sexual orientation, gender, or community-income | ||||||
23 | level; and is sustainable and predictable. When fully funded | ||||||
24 | under this Section, every school shall have the resources, | ||||||
25 | based on what the evidence indicates is needed, to: |
| |||||||
| |||||||
1 | (1) provide all students with a high quality education | ||||||
2 | that offers the academic, enrichment, social and emotional | ||||||
3 | support, technical, and vocational programs that will | ||||||
4 | allow them to become competitive workers, responsible | ||||||
5 | parents, productive citizens of this State, and active | ||||||
6 | members of our national democracy; | ||||||
7 | (2) ensure all students receive the education they need | ||||||
8 | to graduate from high school with the skills required to | ||||||
9 | pursue post-secondary education or training or a career; | ||||||
10 | (3) reduce, with a goal of eliminating, the achievement | ||||||
11 | gap between high-performing and low-performing students by | ||||||
12 | raising the performance of at-risk students and not by | ||||||
13 | reducing standards; and | ||||||
14 | (4) ensure this State satisfies its obligation to | ||||||
15 | assume the primary responsibility to fund public education | ||||||
16 | and simultaneously relieve the disproportionate burden | ||||||
17 | placed on local property taxes to fund schools. | ||||||
18 | (b) For purposes of this Section: | ||||||
19 | "Assessments" means those benchmark, progress monitoring, | ||||||
20 | formative, diagnostic, and other assessments, in addition to | ||||||
21 | the State accountability assessment, that assist teachers' | ||||||
22 | needs in understanding the skills and meeting the needs of the | ||||||
23 | students they serve. | ||||||
24 | "Assistant principal" means a school administrator duly | ||||||
25 | endorsed to be employed as an assistant principal in this | ||||||
26 | State. |
| |||||||
| |||||||
1 | "At-risk student" means a student who is at risk of not | ||||||
2 | meeting the Illinois Learning Standards or not graduating from | ||||||
3 | elementary or high school and who demonstrates a need for | ||||||
4 | vocational support or social services beyond that provided by | ||||||
5 | the regular school program. All students included in an | ||||||
6 | organizational unit's Low-Income Count, as well as all EL and | ||||||
7 | disabled students attending the organizational unit, shall be | ||||||
8 | considered at-risk students under this Section. | ||||||
9 | "Average Student Enrollment" or "ASE" means, for an | ||||||
10 | organizational unit in a given school year, the greater of the | ||||||
11 | total students shown as enrolled in the organizational unit on | ||||||
12 | the State Board of Education's fall and spring enrollment | ||||||
13 | counts in the immediately preceding school year or the average | ||||||
14 | number of students shown as enrolled in the organizational unit | ||||||
15 | on the State Board's fall and spring enrollment counts for the | ||||||
16 | immediately preceding 3 school years. | ||||||
17 | "Base Adequacy Level" means, for each organizational unit, | ||||||
18 | that amount of total educational funding determined in | ||||||
19 | accordance with paragraph (2) of subsection (c) of this | ||||||
20 | Section, which amount is predicated on both the number and | ||||||
21 | characteristics of the students who attend the organizational | ||||||
22 | unit and the evidence-based educational factors required to | ||||||
23 | meet the learning needs of such students. | ||||||
24 | "Central office" means individual administrators and | ||||||
25 | support service personnel charged with managing the | ||||||
26 | instructional programs, business and operations, and security |
| |||||||
| |||||||
1 | of the school district in which an organizational unit is | ||||||
2 | situated. | ||||||
3 | "Comparable Wage Index" or "CWI" means the regional cost | ||||||
4 | differentiation metric initially developed by the National | ||||||
5 | Center for Education Statistics, as most recently updated in | ||||||
6 | 2013, by Texas A & M University. The CWI utilized under this | ||||||
7 | Section shall, for the first 3 years following the effective | ||||||
8 | date of this Section, be determined as provided in the Texas A & | ||||||
9 | M University study. The CWI for each organizational unit | ||||||
10 | shall be determined by comparing the index for the region and | ||||||
11 | counties in which the organizational unit is located against | ||||||
12 | the median index in this State, where the median value is set | ||||||
13 | at 1.0. Thereafter, the State Board shall re-determine the CWI | ||||||
14 | using a similar methodology to that identified in the Texas A & | ||||||
15 | M University study, no less frequently than once every 5 years. | ||||||
16 | "Computer technology and equipment" means computers, | ||||||
17 | servers, notebooks, network equipment, copiers, printers, | ||||||
18 | instructional software, security software, curriculum | ||||||
19 | management courseware, and other materials identified by the | ||||||
20 | State Board of Education. | ||||||
21 | "Core subject" means mathematics; science; reading, | ||||||
22 | English, writing, and language arts; history and social | ||||||
23 | studies; world languages; and subjects taught as Advanced | ||||||
24 | Placement in high schools. | ||||||
25 | "Core teacher" means a regular classroom teacher in | ||||||
26 | elementary schools and teachers of a core subject in middle and |
| |||||||
| |||||||
1 | high schools. | ||||||
2 | "EAV" means equalized assessed valuation. | ||||||
3 | "Employee benefits" means health, dental, and vision | ||||||
4 | insurance offered to employees of an organizational unit, the | ||||||
5 | costs associated with statutorily required payment of the | ||||||
6 | normal cost of the organizational unit's teacher pensions, | ||||||
7 | Social Security employer contributions, and Illinois Municipal | ||||||
8 | Retirement Fund employer contributions. | ||||||
9 | "English learner" or "EL" means the greater of the prior | ||||||
10 | school year or the 3-year average of students in grades K | ||||||
11 | through 12 whose native tongue is a language other than English | ||||||
12 | and who have not obtained an overall composite proficiency | ||||||
13 | level of 5.0, a reading proficiency level of 4.2, and a writing | ||||||
14 | proficiency level of 4.2 on the prior year ACCESS test or an | ||||||
15 | equivalent assessment for EL students. | ||||||
16 | "Extended day" means academic and enrichment programs | ||||||
17 | provided to students outside the regular school day before and | ||||||
18 | after school or during non-instructional times during the | ||||||
19 | school day. | ||||||
20 | "Full-time equivalent" or "FTE" means the full-time | ||||||
21 | equivalency compensation for staffing the relevant position at | ||||||
22 | an organizational unit, computed in accordance with guidelines | ||||||
23 | prescribed by the State Board. | ||||||
24 | "Guidance counselor" means a licensed guidance counselor | ||||||
25 | who provides support for all students within an organizational | ||||||
26 | unit. |
| |||||||
| |||||||
1 | "Instructional facilitator" means a qualified teacher or | ||||||
2 | licensed teacher leader who facilitates and coaches continuous | ||||||
3 | improvement in classroom instruction; provides instructional | ||||||
4 | support to teachers in the elements of research-based | ||||||
5 | instruction or demonstrates the alignment of instruction with | ||||||
6 | curriculum standards and assessments tools; develops or | ||||||
7 | coordinates instructional programs or strategies; develops and | ||||||
8 | implements training; chooses standards-based instructional | ||||||
9 | materials; provides teachers with an understanding of current | ||||||
10 | research; serves as a mentor, site coach, curriculum | ||||||
11 | specialist, or lead teacher; or otherwise works with fellow | ||||||
12 | teachers, in collaboration, to use data to improve | ||||||
13 | instructional practice or develop model lessons. | ||||||
14 | "Instructional materials" means relevant instructional | ||||||
15 | materials for student instruction, including, but not limited | ||||||
16 | to, textbooks, consumable workbooks, laboratory equipment, | ||||||
17 | library books, and other materials identified by the State | ||||||
18 | Board of Education. | ||||||
19 | "Intervention teacher (tutor)" means a licensed teacher | ||||||
20 | providing one-on-one or small group tutoring to students | ||||||
21 | struggling to meet proficiency in core subjects. | ||||||
22 | "Librarian" means a teacher with an endorsement as a school | ||||||
23 | librarian. | ||||||
24 | "Local Capacity Ratio" means, for an organizational unit in | ||||||
25 | a given school year, the normal curve equivalent percentage | ||||||
26 | based on the calculation method in paragraph (4) of subsection |
| |||||||
| |||||||
1 | (c) of this Section, which must never be higher than 90%. | ||||||
2 | "Local Capacity Target" means, for an organizational unit, | ||||||
3 | that dollar amount that is obtained by multiplying the Base | ||||||
4 | Adequacy Level of the organizational unit by the Local Capacity | ||||||
5 | Ratio for the organizational unit. | ||||||
6 | "Low-Income Count" means, for an organizational unit in a | ||||||
7 | fiscal year, the higher of the average number of students | ||||||
8 | attending the organizational unit over the prior school year or | ||||||
9 | the immediately preceding 3 school years who, according to the | ||||||
10 | Department of Human Services, at any time over such prior | ||||||
11 | 3-year period were eligible for at least one of the following | ||||||
12 | low-income programs or any successor thereto established under | ||||||
13 | federal law: Medicaid; the Children's Health Insurance | ||||||
14 | Program; Temporary Assistance for Needy Families; or the | ||||||
15 | Supplemental Nutrition Assistance Program. | ||||||
16 | "Maintenance and operations" means functions such as, but | ||||||
17 | not limited to, custodial services, facility and ground | ||||||
18 | maintenance, facility operations, facility security, and | ||||||
19 | routine facility repairs. | ||||||
20 | "Net State Contribution" means the aggregate amount of | ||||||
21 | kindergarten through grade 12 education funding an | ||||||
22 | organizational unit would receive from this State annually | ||||||
23 | under this Section if fully funded, as determined under | ||||||
24 | paragraph (4) of subsection (c) of this Section. Per pupil, | ||||||
25 | "Net State Contribution" means the Net State Contribution to an | ||||||
26 | organizational unit for a school year, divided by the |
| |||||||
| |||||||
1 | applicable ASE of the organizational unit for the school year. | ||||||
2 | "Nurse" means an individual licensed as a school nurse, | ||||||
3 | registered nurse, or licensed practical nurse in this State, in | ||||||
4 | accordance with the rules established for nursing services | ||||||
5 | regulated by the State Board of Education, who is an employee | ||||||
6 | of and is available to provide health care-related services for | ||||||
7 | all students of an organizational unit. | ||||||
8 | "Organizational unit" means any public school district | ||||||
9 | that is recognized as such by the State Board of Education and | ||||||
10 | that contains elementary schools typically serving | ||||||
11 | kindergarten through 5th grades, middle schools typically | ||||||
12 | serving 6th through 8th grades, or high schools typically | ||||||
13 | serving 9th through 12th grades. The General Assembly | ||||||
14 | acknowledges that the actual grade levels served by a | ||||||
15 | particular organizational unit may vary slightly from what is | ||||||
16 | typical. "Organizational unit" specifically includes | ||||||
17 | laboratory schools operated in accordance with subsection (K) | ||||||
18 | of Section 18-8.05 of this Code. | ||||||
19 | "Principal" means a school administrator duly endorsed to | ||||||
20 | be employed as a principal in this State. | ||||||
21 | "Professional development" means training programs for | ||||||
22 | licensed staff in schools, including, but not limited to, | ||||||
23 | programs that assist in implementing new curriculum programs, | ||||||
24 | provide data focused or academic assessment data training to | ||||||
25 | help staff identify a student's weaknesses and strengths, | ||||||
26 | target interventions, improve instruction, encompass |
| |||||||
| |||||||
1 | instructional strategies for EL, gifted, or at-risk students, | ||||||
2 | address inclusivity, cultural sensitivity, or implicit bias, | ||||||
3 | or otherwise provide professional support for licensed staff in | ||||||
4 | areas identified by the State Board of Education. | ||||||
5 | "Prototypical" means 450 students for an elementary | ||||||
6 | school, 450 students for a middle school, and 600 students for | ||||||
7 | a high school. | ||||||
8 | "Pupil support staff" means a nurse, psychologist, social | ||||||
9 | worker, family liaison personnel, or other staff member who | ||||||
10 | provides support to at-risk or struggling students. | ||||||
11 | "School site staff" means the primary school secretary and | ||||||
12 | any additional clerical personnel assigned to the school under | ||||||
13 | the funding matrices set forth in this Section. | ||||||
14 | "Special education" means programs for students with | ||||||
15 | moderate disabilities categorized comparably as either | ||||||
16 | high-incidence or low-cost. Special education services for | ||||||
17 | students may be in self-contained classrooms or as part of the | ||||||
18 | regular education classroom. | ||||||
19 | "Specialist teacher" means a teacher who provides | ||||||
20 | instruction in subject areas not included in core subjects, | ||||||
21 | including, but not limited to, art, music, physical education, | ||||||
22 | health, driver education, career-technical education, and such | ||||||
23 | other subject areas as may be mandated by State law or | ||||||
24 | identified by the State Board of Education from time to time. | ||||||
25 | "State Board" means the State Board of Education. | ||||||
26 | "Student activities" means non-credit producing |
| |||||||
| |||||||
1 | after-school programs, including, but not limited to, clubs, | ||||||
2 | bands, sports, and other activities established by the school | ||||||
3 | board of the organizational unit. | ||||||
4 | "Substitute teacher" means an individual teacher or | ||||||
5 | teaching assistant who is employed by an organizational unit | ||||||
6 | and is temporarily serving the organizational unit on a per | ||||||
7 | diem or per period-assignment basis replacing another staff | ||||||
8 | member. | ||||||
9 | "Summer school" means academic and enrichment programs | ||||||
10 | provided to students during the summer months outside of the | ||||||
11 | regular school year. | ||||||
12 | "Supervisory aide" means a non-licensed staff member who | ||||||
13 | helps in supervising students of an organizational unit, but | ||||||
14 | does so outside of the classroom, in situations such as, but | ||||||
15 | not limited to, monitoring hallways and playgrounds, | ||||||
16 | supervising lunchrooms, or supervising students when being | ||||||
17 | transported in buses serving the organizational unit. | ||||||
18 | "Winsorization" means the transformation of statistics by | ||||||
19 | limiting extreme values in the statistical data to reduce the | ||||||
20 | effect of possible outliers. In the determination of the Local | ||||||
21 | Capacity Index, this is used when calculating the mean and | ||||||
22 | standard deviation of statewide EAV to adequacy ratios. The | ||||||
23 | winsorization is set at the 10th percentile and the 90th | ||||||
24 | percentile. | ||||||
25 | (c) The Evidence-Based Model under this Section shall be | ||||||
26 | applied to all organizational units in this State. The |
| |||||||
| |||||||
1 | Evidence-Based Model uses academic research to identify the | ||||||
2 | resources and educational programs that are necessary to | ||||||
3 | improve student success, improve academic performance, and | ||||||
4 | close achievement gaps. The Evidence-Based Model reflects a | ||||||
5 | research-based consensus on what constitutes best practices | ||||||
6 | and reflects strategies found in schools that have achieved | ||||||
7 | success in raising the academic achievement of students. When | ||||||
8 | fully funded, the Evidence-Based Model ensures all schools have | ||||||
9 | the resources necessary to enable all students the opportunity | ||||||
10 | to achieve the proficiency standards established by this State. | ||||||
11 | (1) The annual investment needed to provide an adequate | ||||||
12 | education to all students who attend an organizational unit | ||||||
13 | in this State shall be the aggregate dollar value obtained | ||||||
14 | by adding the funding amounts applicable to all | ||||||
15 | organizational units as identified in paragraph (2) of this | ||||||
16 | subsection (c), as those factors relate to the student | ||||||
17 | composition and ASE of all organizational units. By | ||||||
18 | utilizing this research-based approach, State education | ||||||
19 | funding when this Section is fully funded shall be adequate | ||||||
20 | and equitable; shall not be dependent on where students | ||||||
21 | reside; shall be based on the cost of those educational | ||||||
22 | practices that the evidence indicates have a statistically | ||||||
23 | meaningful correlation to enhancing student achievement | ||||||
24 | over time; and shall include such other necessary costs | ||||||
25 | associated with the operation of a school or the education | ||||||
26 | of children, such as, but not limited to, operational and |
| |||||||
| |||||||
1 | maintenance costs, that are naturally incident thereto. | ||||||
2 | Funding amounts in the first year of the implementation | ||||||
3 | of this Section shall not be less than all grades K through | ||||||
4 | 12 education funding in the immediately prior funding year | ||||||
5 | other than for regular and special education | ||||||
6 | transportation and special education tuition. | ||||||
7 | (2) The Base Adequacy Level for each organizational | ||||||
8 | unit for a school year shall be the aggregate dollar value | ||||||
9 | obtained by adding the funding amounts applicable to the | ||||||
10 | organizational unit for the school year, as determined in | ||||||
11 | accordance with the following: | ||||||
12 | (A) Core class size investments. Each | ||||||
13 | organizational unit shall receive the funding required | ||||||
14 | to support that number of FTE core teacher positions as | ||||||
15 | is needed to keep the respective class sizes of the | ||||||
16 | organizational unit to a maximum of 15 students each | ||||||
17 | for grades kindergarten through 3 and 25 students each | ||||||
18 | for grades 4 through 12. The number of FTE core teacher | ||||||
19 | positions shall be determined by dividing the ASE of | ||||||
20 | the organizational unit for grades kindergarten | ||||||
21 | through 3 by 15 and grades 4 through 12 by 25. | ||||||
22 | (B) Specialist teacher investments. Each | ||||||
23 | organizational unit shall receive the funding needed | ||||||
24 | to cover that number of FTE specialist teacher | ||||||
25 | positions that correspond to the following | ||||||
26 | percentages: |
| |||||||
| |||||||
1 | (i) if the organizational unit operates an | ||||||
2 | elementary or middle school, then 20% of the number | ||||||
3 | of the organizational unit's core teachers as | ||||||
4 | determined under subdivision (A) of this paragraph | ||||||
5 | (2); and | ||||||
6 | (ii) if such organizational unit operates a | ||||||
7 | high school, then 33 1/3% of the number of the | ||||||
8 | organizational unit's core teachers. | ||||||
9 | (C) Instructional facilitator investments. Each | ||||||
10 | organizational unit shall receive the funding needed | ||||||
11 | to cover one FTE instructional facilitator position | ||||||
12 | for every 200 students attending the organizational | ||||||
13 | unit. | ||||||
14 | (D) Core intervention teacher (tutor) investments. | ||||||
15 | Each organizational unit shall receive the funding | ||||||
16 | needed to cover one FTE teacher position for each | ||||||
17 | prototypical elementary, middle, and high school. | ||||||
18 | Additional FTE teacher positions shall be pro-rata | ||||||
19 | funded based on ASE in excess of the ASE for each | ||||||
20 | prototypical school. | ||||||
21 | (E) Substitute teacher investments. Each | ||||||
22 | organizational unit shall receive the funding needed | ||||||
23 | to cover substitute teacher costs that is equal to 5% | ||||||
24 | of the aggregate required teaching days of full-time | ||||||
25 | equivalent core, specialist, and intervention | ||||||
26 | teachers, school nurses, special education teachers |
| |||||||
| |||||||
1 | and aides, instructional facilitators, and summer | ||||||
2 | school and extended-day teacher positions, as | ||||||
3 | determined under this paragraph (2), at a salary rate | ||||||
4 | of 33.3% of the average salary for each teacher | ||||||
5 | position and 33.33% of the average salary of each | ||||||
6 | instructional assistant position. | ||||||
7 | (F) Core guidance counselor investments. Each | ||||||
8 | organizational unit shall receive the funding needed | ||||||
9 | to cover one FTE guidance counselor for each 450 ASE | ||||||
10 | elementary students, plus one FTE guidance counselor | ||||||
11 | for each 250 ASE middle school students, plus one FTE | ||||||
12 | guidance counselor for each 250 ASE high school | ||||||
13 | students. | ||||||
14 | (G) Nurse investments. Each organizational unit | ||||||
15 | shall receive the funding needed to cover one FTE nurse | ||||||
16 | for each 750 ASE across all grade levels it serves. | ||||||
17 | (H) Supervisory aide investments. Each | ||||||
18 | organizational unit shall receive the funding needed | ||||||
19 | to cover one FTE for each 225 ASE elementary students, | ||||||
20 | plus one FTE for each 225 ASE middle school students, | ||||||
21 | plus one FTE for each 200 ASE high school students. | ||||||
22 | (I) Librarian investments. Each organizational | ||||||
23 | unit shall receive the funding needed to cover one FTE | ||||||
24 | librarian for each prototypical elementary school and | ||||||
25 | one FTE aide or media technician for every 300 ASE. | ||||||
26 | (J) Principal investments. Each organizational |
| |||||||
| |||||||
1 | unit shall receive the funding needed to cover one FTE | ||||||
2 | principal position for each prototypical elementary | ||||||
3 | school, plus one FTE principal position for each | ||||||
4 | prototypical middle school, plus one FTE principal | ||||||
5 | position for each prototypical high school. Additional | ||||||
6 | FTE principal positions shall be pro-rata funded based | ||||||
7 | on ASE in excess of the ASE for each prototypical | ||||||
8 | school. | ||||||
9 | (K) Assistant principal investments. Each | ||||||
10 | organizational unit shall receive the funding needed | ||||||
11 | to cover one FTE assistant principal position for each | ||||||
12 | prototypical elementary school, plus one FTE assistant | ||||||
13 | principal position for each prototypical middle | ||||||
14 | school, plus one FTE assistant principal position for | ||||||
15 | each prototypical high school. | ||||||
16 | (L) School site staff investments. Each | ||||||
17 | organizational unit shall receive the funding needed | ||||||
18 | to cover one FTE position for each 225 ASE elementary | ||||||
19 | students, plus one FTE position for each 225 ASE middle | ||||||
20 | school students, plus one FTE position for each 200 ASE | ||||||
21 | high school students. | ||||||
22 | (M) Gifted investments. Each organizational unit | ||||||
23 | shall receive $40 per ASE. | ||||||
24 | (N) Professional development investments. Each | ||||||
25 | organizational unit shall receive $125 per ASE student | ||||||
26 | for trainers and other professional |
| |||||||
| |||||||
1 | development-related expenses for supplies and | ||||||
2 | materials. | ||||||
3 | (O) Instructional material investments. Each | ||||||
4 | organizational unit shall receive $190 per ASE student | ||||||
5 | to cover instructional material costs. | ||||||
6 | (P) Assessment investments. Each organizational | ||||||
7 | unit shall receive $25 per ASE student to cover | ||||||
8 | assessment costs. | ||||||
9 | (Q) Computer technology and equipment investments. | ||||||
10 | Each organizational unit shall receive $571 per ASE | ||||||
11 | student to cover computer technology and equipment | ||||||
12 | costs. | ||||||
13 | (R) Student activities investments. Each | ||||||
14 | organizational unit shall receive the following | ||||||
15 | funding amounts to cover student activities: $100 per | ||||||
16 | ASE student in elementary school, plus $200 per ASE | ||||||
17 | student in middle school, plus $675 per ASE student in | ||||||
18 | high school. | ||||||
19 | (S) Maintenance and operations investments. Each | ||||||
20 | organizational unit shall receive $1,038 per ASE | ||||||
21 | student for day-to-day maintenance and operations | ||||||
22 | expenditures, including salary, supplies, and | ||||||
23 | materials, as well as purchased services, but | ||||||
24 | excluding employee benefits. | ||||||
25 | (T) Central office investments. Each | ||||||
26 | organizational unit shall receive $742 per ASE student |
| |||||||
| |||||||
1 | to cover central office operations, including | ||||||
2 | administrators and classified personnel charged with | ||||||
3 | managing the instructional programs, business and | ||||||
4 | operations of the school district, and security | ||||||
5 | personnel. | ||||||
6 | (U) Employee benefit investments. Each | ||||||
7 | organizational unit shall receive 30% of its total | ||||||
8 | payroll, excluding substitute teachers and student | ||||||
9 | activities investments, to cover benefit costs. For | ||||||
10 | central office and maintenance and operations | ||||||
11 | investments, the benefit calculation shall be based | ||||||
12 | upon the salary component of each investment. For | ||||||
13 | central office, the proportion of salary is equal to | ||||||
14 | $368.48 and for maintenance and operations, the | ||||||
15 | proportion of salary is equal to $352.92. If at any | ||||||
16 | time the responsibility for funding the employer's | ||||||
17 | normal cost of teacher pensions is assigned to school | ||||||
18 | districts, then that percentage shall be increased to | ||||||
19 | account therefor. For any fiscal year in which a school | ||||||
20 | district having a population exceeding 500,000 | ||||||
21 | inhabitants is responsible for paying the employer's | ||||||
22 | normal cost of teacher pensions, the district shall | ||||||
23 | receive the percentage of its total payroll that is | ||||||
24 | statutorily required to cover employee annual normal | ||||||
25 | costs in addition to the 30% specified in this | ||||||
26 | subdivision (U). |
| |||||||
| |||||||
1 | (V) Additional investments in low-income students. | ||||||
2 | In addition to and not in lieu of all other funding | ||||||
3 | under this paragraph (2), each organizational unit | ||||||
4 | shall receive funding based on the average teacher | ||||||
5 | salary for grades K through 12 to cover the costs of: | ||||||
6 | (i) one FTE intervention teacher (tutor) | ||||||
7 | position for every 125 Low-Income Count students; | ||||||
8 | (ii) one FTE pupil support staff position for | ||||||
9 | every 125 Low-Income Count students; | ||||||
10 | (iii) one FTE extended day teacher position | ||||||
11 | for every 120 Low-Income Count students; and | ||||||
12 | (iv) one FTE summer school teacher position | ||||||
13 | for every 120 Low-Income Count students. | ||||||
14 | (W) Additional investments in EL students. In | ||||||
15 | addition to and not in lieu of all other funding under | ||||||
16 | this paragraph (2), each organizational unit shall | ||||||
17 | receive funding based on the average teacher salary for | ||||||
18 | grades K through 12 to cover the costs of: | ||||||
19 | (i) one FTE intervention teacher (tutor) | ||||||
20 | position for every 125 EL students; | ||||||
21 | (ii) one FTE pupil support staff position for | ||||||
22 | every 125 EL students; | ||||||
23 | (iii) one FTE extended day teacher position | ||||||
24 | for every 120 EL students; | ||||||
25 | (iv) one FTE summer school teacher position | ||||||
26 | for every 120 EL students; and |
| |||||||
| |||||||
1 | (v) one FTE core teacher position for every 100 | ||||||
2 | EL students. | ||||||
3 | (X) Special education investments. Each | ||||||
4 | organizational unit shall receive funding to cover | ||||||
5 | special education as follows: | ||||||
6 | (i) one FTE teacher position for every 141 ASE | ||||||
7 | elementary, middle, and high school students; | ||||||
8 | (ii) one-half of one FTE teacher aide for every | ||||||
9 | 141 ASE elementary, middle, and high school | ||||||
10 | students; | ||||||
11 | (iii) one FTE psychologist position for every | ||||||
12 | 1,000 ASE elementary, middle, and high school | ||||||
13 | students. | ||||||
14 | (3) Average salaries and the Comparable Wage Index are | ||||||
15 | as follows: | ||||||
16 | (A) Following are the average salaries to be | ||||||
17 | utilized when determining the FTE costs for the | ||||||
18 | relevant position. For purposes of this paragraph (3), | ||||||
19 | "teacher" includes core teachers, specialist and | ||||||
20 | elective teachers, instructional facilitators, tutors, | ||||||
21 | EL teachers, extended-day teachers, and summer school | ||||||
22 | teachers. Where specific grade data is not required | ||||||
23 | under item (2) of subsection (c) of this Section, the | ||||||
24 | average salary for corresponding positions shall | ||||||
25 | apply. | ||||||
26 | (i) Teacher for grades K through 8, $60,578. |
| |||||||
| |||||||
1 | (ii) Teacher for grades 9 through 12, $67,565. | ||||||
2 | (iii) Teacher for grades K through 12, | ||||||
3 | $64,072. | ||||||
4 | (iv) Guidance counselor for grades K through | ||||||
5 | 8, $68,887. | ||||||
6 | (v) Guidance counselor for grades 9 through | ||||||
7 | 12, $74,674. | ||||||
8 | (vi) Guidance counselor for grades K through | ||||||
9 | 12, $71,781. | ||||||
10 | (vii) Social worker, $64,647. | ||||||
11 | (viii) Psychologist, $71,058. | ||||||
12 | (ix) Librarian or media technician, $68,919. | ||||||
13 | (x) Nurse, $56,139. | ||||||
14 | (xi) Principal, $104,135. | ||||||
15 | (xii) Assistant principal, $91,080. | ||||||
16 | (xiii) School secretary, $30,000. | ||||||
17 | (xiv) School clerical staff, $25,000. | ||||||
18 | (xv) Non-instructional assistant, $25,000. | ||||||
19 | (xvi) Substitute teacher, $118.64 per day. | ||||||
20 | (xvii) Substitute aide, $46.29 per day. | ||||||
21 | (B) Salaries for all school and district-level | ||||||
22 | staffing categories set forth in subdivision (A) of | ||||||
23 | this paragraph (3) shall be used for determining the | ||||||
24 | Base Adequacy Level for organizational units for the | ||||||
25 | first 5 school years following the effective date of | ||||||
26 | this Section and are based upon average statewide |
| |||||||
| |||||||
1 | salary levels for the 2015-2016 school year. The State | ||||||
2 | Superintendent of Education shall adjust the statewide | ||||||
3 | average salary for each staffing category at least once | ||||||
4 | every 5 school years beginning with the 2022-2023 | ||||||
5 | school year and continuing thereafter, and the | ||||||
6 | adjusted salaries shall be the salaries utilized for | ||||||
7 | determining Base Adequacy Levels of organizational | ||||||
8 | units in the applicable succeeding school years. Each | ||||||
9 | such redetermination shall include appropriate | ||||||
10 | adjustments for each staffing category as reasonably | ||||||
11 | determined by the State Superintendent. | ||||||
12 | Each year after the initial determination of | ||||||
13 | salaries under subdivision (A) of this paragraph (3) | ||||||
14 | and this subdivision (B), the then most current, annual | ||||||
15 | Bureau of Labor Statistics' national Employment Cost | ||||||
16 | Index for civilian workers in educational services in | ||||||
17 | elementary and secondary schools shall be applied, on a | ||||||
18 | cumulative basis, to the salary averages before using | ||||||
19 | them to compute the applicable FTE position cost, | ||||||
20 | except in years in which the State Superintendent | ||||||
21 | recalibrates all such salaries, as provided in this | ||||||
22 | subdivision (B). | ||||||
23 | (C) Before assigning any salary amount identified | ||||||
24 | under subdivision (A) or (B) of this paragraph (3) for | ||||||
25 | determining the Base Adequacy Level of an | ||||||
26 | organizational unit, the State Superintendent of |
| |||||||
| |||||||
1 | Education shall further adjust the salary amount for | ||||||
2 | each staffing category by applying thereto the | ||||||
3 | Comparable Wage Index for the organizational unit. | ||||||
4 | (4) An EAV to adequacy ratio is the primary input in | ||||||
5 | determining the Local Capacity Target for each | ||||||
6 | organizational unit. The steps for calculating the Local | ||||||
7 | Capacity Target are as follows: | ||||||
8 | (A) An organizational unit's Local Capacity Ratio | ||||||
9 | in a given year shall be the percentage obtained by | ||||||
10 | dividing the organizational unit's EAV for such year, | ||||||
11 | where the EAV shall be the average of the | ||||||
12 | organizational unit's EAV over the immediately | ||||||
13 | preceding 3 years or its EAV in the immediately | ||||||
14 | preceding year if the EAV is 10% less than the 3-year | ||||||
15 | average, by the organizational unit's Base Adequacy | ||||||
16 | Level for the year, as determined under paragraph (3) | ||||||
17 | of this subsection (c). In the event of organizational | ||||||
18 | unit reorganization, consolidation, or annexation, the | ||||||
19 | most current EAV shall be used in the first year, the | ||||||
20 | average of a 2-year EAV for the second year, and a | ||||||
21 | 3-year average EAV for the third year. | ||||||
22 | (B) The Local Capacity Ratio of an organizational | ||||||
23 | unit determined under subdivision (A) of this | ||||||
24 | paragraph (4) shall be adjusted to reflect the number | ||||||
25 | of grades the organizational unit serves. For | ||||||
26 | organizational units that serve grades kindergarten |
| |||||||
| |||||||
1 | through 12 (unit districts), the Local Capacity Ratio | ||||||
2 | shall be multiplied by one. For organizational units | ||||||
3 | serving grades kindergarten through 8 (elementary | ||||||
4 | districts), the Local Capacity Ratio shall be | ||||||
5 | multiplied by 9/13. For organizational units serving | ||||||
6 | grades 9 through 12 (high school districts), the Local | ||||||
7 | Capacity Ratio shall be multiplied by 4/13. In the | ||||||
8 | event a district or organizational unit has a different | ||||||
9 | grade configuration, a comparable adjustment shall be | ||||||
10 | made based on the grades served. | ||||||
11 | (C) The Local Capacity Ratio, as adjusted in item | ||||||
12 | (B) of this paragraph (4), shall be used to determine a | ||||||
13 | percentage of local capacity using standard normal | ||||||
14 | distribution. To eliminate the effect of extreme | ||||||
15 | values impacting the mean and standard deviation, the | ||||||
16 | array of Local Capacity Ratios are winsorized based on | ||||||
17 | 10%/90%. Each organizational unit's adjusted | ||||||
18 | winsorized Local Capacity Ratio shall be converted to a | ||||||
19 | normal curve equivalent score to determine each | ||||||
20 | organizational unit's relative position to all other | ||||||
21 | organizational units in this State. The normal curve | ||||||
22 | equivalent score for each organizational unit shall be | ||||||
23 | calculated using the standard normal distribution of | ||||||
24 | the score in relation to the mean and adjusted | ||||||
25 | winsorized Local Capacity Ratios of all organization | ||||||
26 | units. Should the value assigned to any organizational |
| |||||||
| |||||||
1 | unit be in excess of 90%, the value shall be adjusted | ||||||
2 | to 90%. | ||||||
3 | (D) For such laboratory schools operated in | ||||||
4 | accordance with subsection (K) of Section 18-8.05 of | ||||||
5 | this Code, the Base Adequacy Level of each | ||||||
6 | organizational unit shall be determined in accordance | ||||||
7 | with paragraph (2) of this subsection (c). The Local | ||||||
8 | Capacity Target shall be set at 10% in recognition of | ||||||
9 | the absence of EAV and resources from the State | ||||||
10 | university that are allocated to the laboratory | ||||||
11 | school. | ||||||
12 | (5) The Net State Contribution Target for the amount of | ||||||
13 | kindergarten through grade 12 funding to be paid by this | ||||||
14 | State shall be the sum of the dollar amounts of the Base | ||||||
15 | Adequacy Level for each organizational unit, reduced by the | ||||||
16 | sum of the school district's Local Capacity Target for the | ||||||
17 | school year, plus the district's corporate personal | ||||||
18 | property replacement tax revenue received in the prior | ||||||
19 | school year. No federal funding shall be considered when | ||||||
20 | determining the Net State Contribution Target under | ||||||
21 | paragraph (4) of this subsection (c). The Net State | ||||||
22 | Contribution Target per pupil made by this State to an | ||||||
23 | organizational unit in a given year shall mean the Net | ||||||
24 | State Contribution Target for that year divided by the | ||||||
25 | organizational unit's ASE in that year. | ||||||
26 | (6) If the initial Net State Contribution Target per |
| |||||||
| |||||||
1 | pupil that would be made to a school district in the first | ||||||
2 | fiscal year in which education funding is implemented in | ||||||
3 | accordance with this Section would be less than the | ||||||
4 | aggregate amount of per pupil kindergarten through grade 12 | ||||||
5 | funding, including funding for general State aid, primary | ||||||
6 | State aid and supplemental grants under Section 18-8.15 of | ||||||
7 | this Code, special education personnel, special education | ||||||
8 | children, special education summer school, EL and | ||||||
9 | bilingual education, and driver education, the district | ||||||
10 | received from this State in the immediately preceding | ||||||
11 | fiscal year (to be referred to as the Minimum Per Pupil | ||||||
12 | Funding Level), then in the first and subsequent 4 school | ||||||
13 | years of implementation of this Section, the school | ||||||
14 | district shall receive an amount of education funding from | ||||||
15 | this State equal to its then current ASE multiplied by the | ||||||
16 | Minimum Per Pupil Funding Level. | ||||||
17 | (7) In the event that the General Assembly and the | ||||||
18 | Governor decrease the amount of the appropriation for this | ||||||
19 | Section in any fiscal year after implementation of this | ||||||
20 | Section, the organizational units receiving Tier 1 and Tier | ||||||
21 | 2 funding, as determined under paragraph (8) of this | ||||||
22 | subsection (c), shall be held harmless by establishing a | ||||||
23 | Base Funding Guarantee equal to the per pupil kindergarten | ||||||
24 | through grade funding received in accordance with this | ||||||
25 | Section in the prior fiscal year. Reduction shall be made | ||||||
26 | to the Base Funding Minimum of organizational units in Tier |
| |||||||
| |||||||
1 | 3 and Tier 4 on a per pupil basis equivalent to the total | ||||||
2 | number of the ASE in Tier 3-funded and Tier 4-funded | ||||||
3 | organizational units divided by the total reduction in | ||||||
4 | State funding. The Base Funding Minimum as reduced shall | ||||||
5 | continue to be applied to Tier 3 and Tier 4 organizational | ||||||
6 | units and adjusted by the relative formula when increases | ||||||
7 | in appropriations for this Section resume. In no event | ||||||
8 | shall State funding reductions to organizational units in | ||||||
9 | Tier 3 or Tier 4 exceed an amount that would be less than | ||||||
10 | the Base Funding Minimum established in the first year of | ||||||
11 | implementation of this Section. Should additional | ||||||
12 | reductions be required, all school districts shall receive | ||||||
13 | a reduction by a per pupil amount equal to the aggregate | ||||||
14 | additional appropriation reduction divided by the total | ||||||
15 | ASE of all organizational units. | ||||||
16 | (8) Equitable distribution of State appropriations for | ||||||
17 | this Section that are in excess of the aggregate | ||||||
18 | appropriations for general State aid, primary State aid and | ||||||
19 | supplemental grants under Section 18-8.15 of this Code, | ||||||
20 | special education personnel, special education child | ||||||
21 | funding, special education summer school, EL and bilingual | ||||||
22 | education, and driver education for the prior fiscal year | ||||||
23 | or funding for this Section in the prior fiscal year shall | ||||||
24 | be established by the following formula: | ||||||
25 | (A) An organizational unit's Preliminary Resources | ||||||
26 | are determined by summing the Local Capacity Target |
| |||||||
| |||||||
1 | plus corporate personal property replacement taxes | ||||||
2 | plus the Base Funding Minimum. An organizational | ||||||
3 | unit's Preliminary Resource Ratio is the Preliminary | ||||||
4 | Organizational Resources divided by the Base Adequacy | ||||||
5 | Level. | ||||||
6 | (B) All organizational units shall be placed into | ||||||
7 | one of 4 funding tiers, with the exception that all | ||||||
8 | Tier 1 units are also included in Tier 2. Funding tiers | ||||||
9 | are defined as follows: | ||||||
10 | (i) Tier 1: All organizational units with an | ||||||
11 | organizational resource ratio of less than 0.60. | ||||||
12 | (ii) Tier 2: All organizational units with an | ||||||
13 | organizational resource ratio of less than 0.90, | ||||||
14 | including Tier 1 units. | ||||||
15 | (iii) Tier 3: All organizational units with an | ||||||
16 | organizational resource ratio equal to or greater | ||||||
17 | than 0.90 and less than 1.0. | ||||||
18 | (iv) Tier 4: All organizational units with an | ||||||
19 | organizational resource ratio equal to or greater | ||||||
20 | than 1.0. | ||||||
21 | (C) Annual additional appropriations to fund this | ||||||
22 | Section in excess of prior fiscal year appropriations | ||||||
23 | are applied to funding tiers as follows: | ||||||
24 | (i) 33% to Tier 1. Tier 1 funding shall be | ||||||
25 | equal to Tier 1 Funding Gap times Tier 1 Funding | ||||||
26 | Allocation Rate where the Tier 1 Funding |
| |||||||
| |||||||
1 | Allocation Rate is determined by the total amount | ||||||
2 | of Tier 1 funding divided by the aggregate funding | ||||||
3 | gap for all Tier 1 organizational units, and where | ||||||
4 | the Tier 1 Funding Gap equals the Tier 1 Target | ||||||
5 | Ratio (0.60) times the Base Adequacy Level minus | ||||||
6 | Preliminary Resources. Should the Funding | ||||||
7 | Allocation Rate be higher than 1.0, then the Rate | ||||||
8 | shall be adjusted to 1.0. In the event that all | ||||||
9 | organizational units achieve the Tier 1 Target | ||||||
10 | Ratio of 0.60, any remaining resources shall be | ||||||
11 | allocated to Tier 2. | ||||||
12 | (ii) 66% to Tier 2. Tier 2 funding will be | ||||||
13 | distributed to all Tier 1 and Tier 2 organizational | ||||||
14 | units using the following formula: the Tier 2 | ||||||
15 | Funding Gap times Tier 2 Allocation Rate, where the | ||||||
16 | Funding Gap equals the Tier 2 Target Ratio (0.90) | ||||||
17 | times the (Base Adequacy Level minus Preliminary | ||||||
18 | Resources plus Tier 1 Funding) and where the Tier 2 | ||||||
19 | Allocation Rate is Tier 2 Available Funding | ||||||
20 | divided by the Total Tier 2 (and Tier 1) Funding | ||||||
21 | Gap. Should the Allocation Rate be higher than 1.0 | ||||||
22 | then the Rate shall be adjusted to 1.0. Should the | ||||||
23 | Tier 2 Funding Allocation Rate be adjusted to 1.0, | ||||||
24 | resources shall be allocated to Tier 2 | ||||||
25 | organizational units on a per pupil basis until all | ||||||
26 | units achieve the Tier 2 Target Ratio of 0.90. In |
| |||||||
| |||||||
1 | the event that all organizational units achieve | ||||||
2 | the Tier 2 Target Ratio of 0.90, any remaining | ||||||
3 | resources shall be allocated to Tier 3 and Tier 4. | ||||||
4 | (iii) 0.9% to Tier 3 or additional excess | ||||||
5 | resources from Tier 2. Tier 3 funding shall be | ||||||
6 | determined by multiplying a Tier 3 Allocation Rate | ||||||
7 | by the Base Adequacy Gap of each organizational | ||||||
8 | unit, where the Tier 3 Allocation Rate is equal to | ||||||
9 | Total Tier 3 Available Funding divided by the Total | ||||||
10 | Tier 3 Adequacy Funding Target (the sum of all Base | ||||||
11 | Adequacy Levels for all Tier 3 organizational | ||||||
12 | units). | ||||||
13 | (iv) 0.1% to Tier 4. Tier 4 funding is based on | ||||||
14 | a Tier 4 Allocation Rate that is equal to Total | ||||||
15 | Tier 4 Available Funding divided by the Total Tier | ||||||
16 | 4 Base Adequacy Level and times each | ||||||
17 | organizational unit's Base Adequacy Level. | ||||||
18 | (D) Alternative schools, safe schools, special | ||||||
19 | education cooperatives or entities recognized by the | ||||||
20 | State Board of Education as special education | ||||||
21 | cooperatives, vocational cooperatives or entities | ||||||
22 | recognized by the State Board of Education as | ||||||
23 | vocational cooperatives, State-approved charter | ||||||
24 | schools, and alternative learning opportunities | ||||||
25 | program funding entities that received general State | ||||||
26 | aid or categorical funding in the year prior to the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of the 99th | ||||||
2 | General Assembly shall be placed in Tier 4, and their | ||||||
3 | Base Funding Minimum shall be defined as their Base | ||||||
4 | Adequacy Level. Should any entities recognized by the | ||||||
5 | State Board of Education secure future funding | ||||||
6 | directly from organizational units, the Base Funding | ||||||
7 | Minimum shall be transferred to the organizational | ||||||
8 | unit based on the prior year ASE of the entity. | ||||||
9 | (d) All school districts in this State must submit annual | ||||||
10 | spending plans by the end of September of each year to the | ||||||
11 | State Board of Education as part of the annual budget process, | ||||||
12 | which shall describe how each organizational unit will utilize | ||||||
13 | funding it receives from this State under this Section. The | ||||||
14 | State Superintendent of Education may, from time to time, | ||||||
15 | identify the requisites for school districts to satisfy when | ||||||
16 | compiling the annual spending plans required under this | ||||||
17 | subsection (d). | ||||||
18 | No later than January 1, 2018, the State Superintendent of | ||||||
19 | Education shall develop a 5-year strategic plan for all school | ||||||
20 | districts to help in planning for adequacy funding under this | ||||||
21 | Section. The State Superintendent shall submit the plan to the | ||||||
22 | Governor and the General Assembly, as provided in Section 3.1 | ||||||
23 | of the General Assembly Organization Act. The plan shall | ||||||
24 | include recommendations for: | ||||||
25 | (1) a framework for collaborative, professional, | ||||||
26 | innovative, and 21st century learning environments using |
| |||||||
| |||||||
1 | the evidence-based funding model; | ||||||
2 | (2) ways to prepare and support this State's educators | ||||||
3 | for successful instructional careers; | ||||||
4 | (3) application and enhancement of the current | ||||||
5 | financial accountability measures and the Illinois | ||||||
6 | Balanced Accountability Measures in relation to elements | ||||||
7 | of the evidence-based funding model; and | ||||||
8 | (4) implementation of an effective school adequacy | ||||||
9 | funding system based on projected and recommended funding | ||||||
10 | levels from the General Assembly. | ||||||
11 | (e) The State Superintendent of Education shall calculate | ||||||
12 | the Base Adequacy Level for each organizational unit and Net | ||||||
13 | State Contribution Target for each school district under this | ||||||
14 | Section. The State Superintendent shall also certify the actual | ||||||
15 | amounts of the Net State Contribution Target payable for each | ||||||
16 | eligible district based on the equitable distribution | ||||||
17 | calculation to the district's treasurer, as soon as possible | ||||||
18 | after such amounts are calculated, including any applicable | ||||||
19 | adjusted charge-off increase. No moneys shall be distributed | ||||||
20 | without the approval of the district's school board. | ||||||
21 | The State Board shall, in accordance with appropriations | ||||||
22 | made by the General Assembly, meet the funding obligations | ||||||
23 | created under this Section. | ||||||
24 | Annually, the State Board shall calculate and report to | ||||||
25 | each school district the district's aggregate financial | ||||||
26 | adequacy amount, which shall be the sum of the Base Adequacy |
| |||||||
| |||||||
1 | Level for each organizational unit in the school district. The | ||||||
2 | State Board shall calculate and report separately for each | ||||||
3 | school district the district's total State funds allocated for | ||||||
4 | its students with disabilities. The State Board shall calculate | ||||||
5 | and report separately for each school district the amount of | ||||||
6 | funding and applicable FTE calculated for each factor of the | ||||||
7 | district's Base Adequacy Level amount under paragraph (2) of | ||||||
8 | subsection (c) this Section. | ||||||
9 | Moneys distributed under this Section shall be calculated | ||||||
10 | on a school year basis, but paid on a fiscal year basis, with | ||||||
11 | payments beginning in August and extending through June. Unless | ||||||
12 | otherwise provided, the moneys appropriated for each fiscal | ||||||
13 | year shall be distributed in 22 equal payments at least 2 times | ||||||
14 | monthly to each school district. The State Board shall publish | ||||||
15 | a yearly distribution schedule at its meeting in June. If | ||||||
16 | moneys appropriated for any fiscal year are distributed other | ||||||
17 | than monthly, the distribution shall be on the same basis for | ||||||
18 | each school district. | ||||||
19 | School districts with average daily attendance above their | ||||||
20 | ASE in a school year shall be reviewed by the State Board. | ||||||
21 | School districts shall report to the State Board each fall and | ||||||
22 | spring the students housed by the serving school. The fall | ||||||
23 | official counts shall reflect students enrolled in the district | ||||||
24 | on the 20th day of the school year and reported to the State | ||||||
25 | Board's Student Information System no later than October 15th. | ||||||
26 | The spring official counts shall reflect students enrolled in |
| |||||||
| |||||||
1 | the district on the first Friday in March and reported to State | ||||||
2 | Board's Student Information System no later than April 20th. | ||||||
3 | (f) A Professional Judgment Panel is created to support the | ||||||
4 | State Board's implementation of this Section and oversee | ||||||
5 | continual recalibration and future study topics. The Panel | ||||||
6 | shall be appointed by the State Superintendent of Education, | ||||||
7 | except as otherwise provided in this subsection (f), supported | ||||||
8 | by State Board personnel, and comprised of geographically | ||||||
9 | diverse representatives from economically diverse districts. | ||||||
10 | In considering whether a district is economically diverse, the | ||||||
11 | State Superintendent of Education shall consider the | ||||||
12 | low-income population and property wealth of school districts | ||||||
13 | and areas. The members of the Panel shall be from organizations | ||||||
14 | representing superintendents, business officials, principals, | ||||||
15 | school board members, regional superintendents of schools, | ||||||
16 | independent school funding experts, whether from academics or | ||||||
17 | from non-governmental organizations with recognized expertise | ||||||
18 | in education funding, and teachers as follows: | ||||||
19 | (1) Two geographically diverse appointees from | ||||||
20 | economically diverse districts that represent district | ||||||
21 | superintendents, recommended by a statewide organization | ||||||
22 | that represents district superintendents. | ||||||
23 | (2) Two geographically diverse appointees from | ||||||
24 | economically diverse districts that represent school | ||||||
25 | boards, recommended by a statewide organization that | ||||||
26 | represents school boards. |
| |||||||
| |||||||
1 | (3) Two geographically diverse appointees from | ||||||
2 | economically diverse districts that represent school | ||||||
3 | business officials, recommended by a statewide | ||||||
4 | organization that represents school business officials. | ||||||
5 | (4) Two geographically diverse appointees from | ||||||
6 | economically diverse districts that represent school | ||||||
7 | principals, recommended by a statewide organization that | ||||||
8 | represents school principals. | ||||||
9 | (5) Two geographically diverse appointees that | ||||||
10 | represent teachers, recommended by a statewide | ||||||
11 | organization that represents teachers. | ||||||
12 | (6) Two geographically diverse appointees that | ||||||
13 | represent teachers, recommended by another statewide | ||||||
14 | organization that represents teachers. | ||||||
15 | (7) Two geographically diverse appointees that | ||||||
16 | represent regional superintendents of schools, recommended | ||||||
17 | by organizations that represent regional superintendents. | ||||||
18 | (8) Two independent experts selected solely by the | ||||||
19 | State Superintendent. | ||||||
20 | (9) Two independent experts recommended by public | ||||||
21 | universities in this State. | ||||||
22 | (10) One member recommended by a statewide | ||||||
23 | organization that represent parents. | ||||||
24 | (11) Two geographically diverse representatives | ||||||
25 | recommended by collective impact organizations that | ||||||
26 | represent major metropolitan areas or geographic areas in |
| |||||||
| |||||||
1 | Illinois. | ||||||
2 | (12) One member from a statewide organization focused | ||||||
3 | on research-based education policy to support a school | ||||||
4 | system that prepares all students for college, a career, | ||||||
5 | and democratic citizenship. | ||||||
6 | In addition to those Panel members appointed by the State | ||||||
7 | Superintendent, 4 legislative liaisons shall be appointed, one | ||||||
8 | by the Speaker of the House of Representatives, one by the | ||||||
9 | President of the Senate, one by the Minority Leader of the | ||||||
10 | House of Representatives, and one by the Minority Leader of the | ||||||
11 | Senate. | ||||||
12 | The Professional Judgment Panel shall study and review the | ||||||
13 | implementation and effect of the evidence-based funding model | ||||||
14 | under this Section. On an annual basis, the State | ||||||
15 | Superintendent of Education shall recalibrate the following | ||||||
16 | per pupil elements of the Base Adequacy Level and applied to | ||||||
17 | the formulas, based on the Panel's study of average expenses as | ||||||
18 | reported in the most recent annual financial report: | ||||||
19 | (A) gifted under subdivision (M) of paragraph (2) of | ||||||
20 | subsection (c) of this Section; | ||||||
21 | (B) instructional materials under subdivision (O) of | ||||||
22 | paragraph (2) of subsection (c) of this Section; | ||||||
23 | (C) assessment under subdivision (P) of paragraph (2) | ||||||
24 | of subsection (c) of this Section; | ||||||
25 | (D) student activities under subdivision (R) of | ||||||
26 | paragraph (2) of subsection (c) of this Section; |
| |||||||
| |||||||
1 | (E) maintenance and operations under subdivision (S) | ||||||
2 | of paragraph (2) of subsection (c) of this Section; and | ||||||
3 | (F) central office under subdivision (T) of paragraph | ||||||
4 | (2) of subsection (c) of this Section. | ||||||
5 | On a periodic basis, the Panel shall study all of the | ||||||
6 | following elements and make recommendations to the General | ||||||
7 | Assembly and the Governor for modification of this Section: | ||||||
8 | (i) Average salaries under subdivision (A) of | ||||||
9 | paragraph (3) of subsection (c) of this Section, to be | ||||||
10 | annually modified by the Bureau of Labor Statistics' | ||||||
11 | national Employment Cost Index for civilian workers in | ||||||
12 | educational services in elementary and secondary schools, | ||||||
13 | with a new study every 5 years. | ||||||
14 | (ii) The Comparable Wage Index under subdivision (C) of | ||||||
15 | paragraph (3) of subsection (c) of this Section, to be | ||||||
16 | studied by the Panel and reestablished by the State | ||||||
17 | Superintendent every 5 years. | ||||||
18 | (iii) Maintenance and operations. Within 5 years after | ||||||
19 | the implementation of this Section, the Panel shall make | ||||||
20 | recommendations for the further study of maintenance and | ||||||
21 | operations costs, including capital maintenance costs, and | ||||||
22 | recommend any additional reporting data required from | ||||||
23 | organizational units. | ||||||
24 | (iv) "At-risk student" definition. Within 5 years | ||||||
25 | after the implementation of this Section, the Panel shall | ||||||
26 | make recommendations for the further study and |
| |||||||
| |||||||
1 | determination of an "at-risk student" definition to be | ||||||
2 | recommended for future consideration by the General | ||||||
3 | Assembly and the Governor. | ||||||
4 | (v) Benefits, to be studied within 5 years after the | ||||||
5 | implementation of this Section. | ||||||
6 | (vi) Technology. The per pupil target for technology | ||||||
7 | shall be reviewed every 3 years to determine whether | ||||||
8 | current allocations are sufficient to develop 21st century | ||||||
9 | learning in all classrooms in this State. Recommendations | ||||||
10 | shall be made to the General Assembly and the Governor no | ||||||
11 | later than 3 years after the implementation of this | ||||||
12 | Section. | ||||||
13 | (vii) Base Funding Minimum. Per paragraph (6) of | ||||||
14 | subsection (c) of this Section, a review of the Base | ||||||
15 | Funding Minimum shall be made, and recommendations for | ||||||
16 | continuance or modification of the Base Funding Minimum | ||||||
17 | shall be made to the General Assembly and the Governor | ||||||
18 | within 5 years after the implementation of this Section. | ||||||
19 | (viii) Local Capacity Target. Within 3 years after the | ||||||
20 | implementation of this Section, the Panel shall make | ||||||
21 | recommendations for any additional data desired to analyze | ||||||
22 | possible modifications to the Local Capacity Target, to be | ||||||
23 | based on measures in addition to solely EAV and to be | ||||||
24 | completed within 5 years after implementation of this | ||||||
25 | Section. | ||||||
26 | (ix) Funding for alternative schools, laboratory |
| |||||||
| |||||||
1 | schools, safe schools, and alternative learning | ||||||
2 | opportunity programs. By the beginning of the 2020-2021 | ||||||
3 | school year, the Panel shall study and make recommendations | ||||||
4 | to the General Assembly and the Governor regarding the | ||||||
5 | funding levels for alternative schools, laboratory | ||||||
6 | schools, safe schools, and alternative learning | ||||||
7 | opportunity programs in this State. | ||||||
8 | (x) Funding for college and career acceleration | ||||||
9 | strategies. By the beginning of the 2020-2021 school year, | ||||||
10 | the Panel shall study and make recommendations to the | ||||||
11 | General Assembly and the Governor regarding funding levels | ||||||
12 | to support college and career acceleration strategies in | ||||||
13 | high school that have been demonstrated to result in | ||||||
14 | improved secondary and postsecondary outcomes, including | ||||||
15 | Advanced Placement, dual-credit opportunities, and college | ||||||
16 | and career pathway systems. | ||||||
17 | (xi) Special education investments. By the beginning | ||||||
18 | of the 2020-2021 school year, the Panel shall study and | ||||||
19 | make recommendations to the General Assembly and the | ||||||
20 | Governor on whether and how to account for disability types | ||||||
21 | within the special education funding category. | ||||||
22 | (g) Each fiscal year, the State Board of Education shall | ||||||
23 | calculate for each organizational unit an amount of State funds | ||||||
24 | received pursuant to this Section that shall be deemed | ||||||
25 | attributable to the provision of special educational | ||||||
26 | facilities and services, as defined in Section 14-1.08 of this |
| |||||||
| |||||||
1 | Code, in a manner that ensures compliance with maintenance of | ||||||
2 | State financial support requirements under the federal | ||||||
3 | Individuals with Disabilities Education Act. An organizational | ||||||
4 | unit must use such funds only for the provision of special | ||||||
5 | educational facilities and services, as defined in Section | ||||||
6 | 14-1.08 of this Code, and must comply with any expenditure | ||||||
7 | verification procedures adopted by the State Board of | ||||||
8 | Education. | ||||||
9 | (h) On and after July 1, 2017, references in other laws to | ||||||
10 | general or primary State aid funds or calculations under | ||||||
11 | Sections 18-8.05 or 18-8.15 of this Code shall be deemed to be | ||||||
12 | references to State funds provided or calculations made under | ||||||
13 | this Section.
| ||||||
14 | (105 ILCS 5/18-9) (from Ch. 122, par. 18-9)
| ||||||
15 | Sec. 18-9. Requirement for special equalization and | ||||||
16 | supplementary
State aid. If property comprising an aggregate | ||||||
17 | assessed valuation equal to 6% or
more
of the total assessed | ||||||
18 | valuation of all taxable property in a school district is
owned | ||||||
19 | by a
person or corporation that is the subject of bankruptcy | ||||||
20 | proceedings or that has
been
adjudged bankrupt and, as a result | ||||||
21 | thereof, has not paid taxes on the
property, then the
district | ||||||
22 | may amend its general State aid or primary State aid claim (i) | ||||||
23 | back to the inception of the
bankruptcy,
not to exceed 6 years, | ||||||
24 | in which time those taxes were not paid and (ii) for
each
| ||||||
25 | succeeding year that those taxes remain unpaid, by adding to |
| |||||||
| |||||||
1 | the claim an
amount
determined by multiplying the assessed | ||||||
2 | valuation of the property on which taxes
have not
been paid due | ||||||
3 | to the bankruptcy by the lesser of the total tax rate for the
| ||||||
4 | district for the
tax year for which the taxes are unpaid or the | ||||||
5 | applicable rate used in
calculating the
district's general | ||||||
6 | State aid under paragraph (3) of subsection (D) of Section
| ||||||
7 | 18-8.05 of
this Code or primary State aid under paragraph (3) | ||||||
8 | of subsection (d) of Section
18-8.15 of
this Code, as | ||||||
9 | applicable . If at any time a district that receives additional | ||||||
10 | State aid under
this Section receives tax revenue from the | ||||||
11 | property for the years that taxes were not
paid, the
district's | ||||||
12 | next claim for State aid shall be reduced in an amount equal to | ||||||
13 | the
taxes paid on
the property, not to exceed the additional | ||||||
14 | State aid received under this Section.
Claims under this | ||||||
15 | Section shall be filed on forms prescribed by the
State
| ||||||
16 | Superintendent of Education, and the State Superintendent of | ||||||
17 | Education, upon
receipt of
a claim, shall adjust the claim in | ||||||
18 | accordance with the provisions of this Section.
Supplementary | ||||||
19 | State aid for each succeeding year under this Section
shall be | ||||||
20 | paid
beginning with the first general State aid or primary | ||||||
21 | State aid claim paid after the district has
filed a
completed | ||||||
22 | claim in accordance with this Section.
| ||||||
23 | (Source: P.A. 95-496, eff. 8-28-07.)
| ||||||
24 | (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
| ||||||
25 | Sec. 18-12. Dates for filing State aid claims. The school |
| |||||||
| |||||||
1 | board of
each school district shall require teachers, | ||||||
2 | principals, or
superintendents to furnish from records kept by | ||||||
3 | them such data as it
needs in preparing and certifying to the
| ||||||
4 | regional superintendent its school district report of claims | ||||||
5 | provided in
Sections 18-8.05 through 18-9 as required by the | ||||||
6 | State
Superintendent of Education. The district claim
shall be | ||||||
7 | based on the latest available equalized assessed valuation and | ||||||
8 | tax
rates, as provided in Section 18-8.05 or 18-8.15 and shall | ||||||
9 | use the average
daily
attendance as determined by the method | ||||||
10 | outlined in Section 18-8.05 or 18-8.15
and shall be
certified | ||||||
11 | and filed with the regional superintendent by June 21
for | ||||||
12 | districts with an
official
school calendar end date before June | ||||||
13 | 15 or within 2 weeks following the
official school calendar end | ||||||
14 | date for districts with a school year end date
of June 15 or | ||||||
15 | later. The regional superintendent shall certify and file
with | ||||||
16 | the State Superintendent of Education district State aid claims | ||||||
17 | by
July 1 for districts with an official school calendar end | ||||||
18 | date before June
15 or no later than July 15 for districts with | ||||||
19 | an official school calendar
end date of June 15 or later.
| ||||||
20 | Failure to
so file by these deadlines constitutes a forfeiture | ||||||
21 | of the right
to
receive payment by
the State until such claim | ||||||
22 | is filed and vouchered for payment. The
regional superintendent | ||||||
23 | of schools shall certify the county report of claims
by July | ||||||
24 | 15; and the State Superintendent of Education shall voucher
for | ||||||
25 | payment those claims to the State Comptroller as provided in | ||||||
26 | Section 18-11.
|
| |||||||
| |||||||
1 | Except as otherwise provided in this Section, if any school | ||||||
2 | district
fails to provide the minimum school term specified
in | ||||||
3 | Section 10-19, the State aid claim for that year shall be | ||||||
4 | reduced by the
State Superintendent of Education in an amount | ||||||
5 | equivalent to 1/176 or .56818% for
each day less than the | ||||||
6 | number of days required by this Code.
| ||||||
7 | If
the State Superintendent of Education determines that | ||||||
8 | the failure
to
provide the minimum school term was occasioned | ||||||
9 | by an act or acts of God, or
was occasioned by conditions | ||||||
10 | beyond the control of the school district
which posed a | ||||||
11 | hazardous threat to the health and safety of pupils, the
State | ||||||
12 | aid claim need not be reduced.
| ||||||
13 | If a school district is precluded from providing the | ||||||
14 | minimum hours of instruction required for a full day of | ||||||
15 | attendance due to an adverse weather condition or a condition | ||||||
16 | beyond the control of the school district that poses a | ||||||
17 | hazardous threat to the health and safety of students, then the | ||||||
18 | partial day of attendance may be counted if (i) the school | ||||||
19 | district has provided at least one hour of instruction prior to | ||||||
20 | the closure of the school district, (ii) a school building has | ||||||
21 | provided at least one hour of instruction prior to the closure | ||||||
22 | of the school building, or (iii) the normal start time of the | ||||||
23 | school district is delayed. | ||||||
24 | If, prior to providing any instruction, a school district | ||||||
25 | must close one or more but not all school buildings after | ||||||
26 | consultation with a local emergency response agency or due to a |
| |||||||
| |||||||
1 | condition beyond the control of the school district, then the | ||||||
2 | school district may claim attendance for up to 2 school days | ||||||
3 | based on the average attendance of the 3 school days | ||||||
4 | immediately preceding the closure of the affected school | ||||||
5 | building or, if approved by the State Board of Education, | ||||||
6 | utilize the provisions of an e-learning program for the | ||||||
7 | affected school building as prescribed in Section 10-20.56 of | ||||||
8 | this Code. The partial or no day of attendance described in | ||||||
9 | this Section and the reasons therefore shall be certified | ||||||
10 | within a month of the closing or delayed start by the school | ||||||
11 | district superintendent to the regional superintendent of | ||||||
12 | schools for forwarding to the State Superintendent of Education | ||||||
13 | for approval.
| ||||||
14 | Other than the utilization of any e-learning days as | ||||||
15 | prescribed in Section 10-20.56 of this Code, no exception to | ||||||
16 | the requirement of providing a minimum school term may
be | ||||||
17 | approved by the State Superintendent of Education pursuant to | ||||||
18 | this Section
unless a school district has first used all | ||||||
19 | emergency days provided for
in its regular calendar.
| ||||||
20 | If the State Superintendent of Education declares that an | ||||||
21 | energy
shortage exists during any part of the school year for | ||||||
22 | the State or a
designated portion of the State, a district may | ||||||
23 | operate the school
attendance centers within the district 4 | ||||||
24 | days of the week during the
time of the shortage by extending | ||||||
25 | each existing school day by one clock
hour of school work, and | ||||||
26 | the State aid claim shall not be reduced, nor
shall the |
| |||||||
| |||||||
1 | employees of that district suffer any reduction in salary or
| ||||||
2 | benefits as a result thereof. A district may operate all | ||||||
3 | attendance
centers on this revised schedule, or may apply the | ||||||
4 | schedule to selected
attendance centers, taking into | ||||||
5 | consideration such factors as pupil
transportation schedules | ||||||
6 | and patterns and sources of energy for
individual attendance | ||||||
7 | centers.
| ||||||
8 | Electronically submitted State aid claims shall be | ||||||
9 | submitted by
duly authorized district or regional individuals | ||||||
10 | over a secure network
that is password protected. The | ||||||
11 | electronic submission of a State aid
claim must be accompanied | ||||||
12 | with an affirmation that all of the provisions
of Sections | ||||||
13 | 18-8.05 through 18-9, 10-22.5, and 24-4 of this Code are
met in | ||||||
14 | all respects.
| ||||||
15 | (Source: P.A. 99-194, eff. 7-30-15.)
| ||||||
16 | (105 ILCS 5/26-16) | ||||||
17 | Sec. 26-16. Graduation incentives program.
| ||||||
18 | (a) The General Assembly finds that it is critical to | ||||||
19 | provide options for children to succeed in school. The purpose | ||||||
20 | of this Section is to provide incentives for and encourage all | ||||||
21 | Illinois students who have experienced or are experiencing | ||||||
22 | difficulty in the traditional education system to enroll in | ||||||
23 | alternative programs. | ||||||
24 | (b) Any student who is below the age of 20 years is | ||||||
25 | eligible to enroll in a graduation incentives program if he or |
| |||||||
| |||||||
1 | she: | ||||||
2 | (1) is considered a dropout pursuant to Section 26-2a | ||||||
3 | of this Code; | ||||||
4 | (2) has been suspended or expelled pursuant to Section | ||||||
5 | 10-22.6 or 34-19 of
this Code; | ||||||
6 | (3) is pregnant or is a parent; | ||||||
7 | (4) has been assessed as chemically dependent; or | ||||||
8 | (5) is enrolled in a bilingual education or LEP | ||||||
9 | program. | ||||||
10 | (c) The following programs qualify as graduation | ||||||
11 | incentives programs for students meeting the criteria | ||||||
12 | established in this Section: | ||||||
13 | (1) Any public elementary or secondary education | ||||||
14 | graduation incentives program established by a school | ||||||
15 | district or by a regional office of education. | ||||||
16 | (2) Any alternative learning opportunities program | ||||||
17 | established pursuant to Article 13B of this Code. | ||||||
18 | (3) Vocational or job training courses approved by the | ||||||
19 | State Superintendent of Education that are available | ||||||
20 | through the Illinois public community college system. | ||||||
21 | Students may apply for reimbursement of 50% of tuition | ||||||
22 | costs for one course per semester or a maximum of 3 courses | ||||||
23 | per school year. Subject to available funds, students may | ||||||
24 | apply for reimbursement of up to 100% of tuition costs upon | ||||||
25 | a showing of employment within 6 months after completion of | ||||||
26 | a vocational or job training program. The qualifications |
| |||||||
| |||||||
1 | for reimbursement shall be established by the State | ||||||
2 | Superintendent of Education by rule. | ||||||
3 | (4) Job and career programs approved by the State | ||||||
4 | Superintendent of Education that are available through | ||||||
5 | Illinois-accredited private business and vocational | ||||||
6 | schools. Subject to available funds, pupils may apply for | ||||||
7 | reimbursement of up to 100% of tuition costs upon a showing | ||||||
8 | of employment within 6 months after completion of a job or | ||||||
9 | career program. The State Superintendent of Education | ||||||
10 | shall establish, by rule, the qualifications for | ||||||
11 | reimbursement, criteria for determining reimbursement | ||||||
12 | amounts, and limits on reimbursement. | ||||||
13 | (5) Adult education courses that offer preparation for | ||||||
14 | high school equivalency testing. | ||||||
15 | (d) Graduation incentives programs established by school | ||||||
16 | districts are entitled to claim general State aid and primary | ||||||
17 | State aid , subject to Sections 13B-50, 13B-50.5, and 13B-50.10 | ||||||
18 | of this Code. Graduation incentives programs operated by | ||||||
19 | regional offices of education are entitled to receive general | ||||||
20 | State aid and primary State aid at the foundation level of | ||||||
21 | support per pupil enrolled. A school district must ensure that | ||||||
22 | its graduation incentives program receives supplemental | ||||||
23 | general State aid, transportation reimbursements, and special | ||||||
24 | education resources, if appropriate, for students enrolled in | ||||||
25 | the program.
| ||||||
26 | (Source: P.A. 98-718, eff. 1-1-15 .) |
| |||||||
| |||||||
1 | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | ||||||
2 | Sec. 27-8.1. Health examinations and immunizations. | ||||||
3 | (1) In compliance with rules and regulations which the | ||||||
4 | Department of Public
Health shall promulgate, and except as | ||||||
5 | hereinafter provided, all children in
Illinois shall have a | ||||||
6 | health examination as follows: within one year prior to
| ||||||
7 | entering kindergarten or the first grade of any public, | ||||||
8 | private, or parochial
elementary school; upon entering the | ||||||
9 | sixth and ninth grades of any public,
private, or parochial | ||||||
10 | school; prior to entrance into any public, private, or
| ||||||
11 | parochial nursery school; and, irrespective of grade, | ||||||
12 | immediately prior to or
upon entrance into any public, private, | ||||||
13 | or parochial school or nursery school,
each child shall present | ||||||
14 | proof of having been examined in accordance with this
Section | ||||||
15 | and the rules and regulations promulgated hereunder. Any child | ||||||
16 | who received a health examination within one year prior to | ||||||
17 | entering the fifth grade for the 2007-2008 school year is not | ||||||
18 | required to receive an additional health examination in order | ||||||
19 | to comply with the provisions of Public Act 95-422 when he or | ||||||
20 | she attends school for the 2008-2009 school year, unless the | ||||||
21 | child is attending school for the first time as provided in | ||||||
22 | this paragraph. | ||||||
23 | A tuberculosis skin test screening shall be included as a | ||||||
24 | required part of
each health examination included under this | ||||||
25 | Section if the child resides in an
area designated by the |
| |||||||
| |||||||
1 | Department of Public Health as having a high incidence
of | ||||||
2 | tuberculosis. Additional health examinations of pupils, | ||||||
3 | including eye examinations, may be required when deemed | ||||||
4 | necessary by school
authorities. Parents are encouraged to have | ||||||
5 | their children undergo eye examinations at the same points in | ||||||
6 | time required for health
examinations. | ||||||
7 | (1.5) In compliance with rules adopted by the Department of | ||||||
8 | Public Health and except as otherwise provided in this Section, | ||||||
9 | all children in kindergarten and the second and sixth grades of | ||||||
10 | any public, private, or parochial school shall have a dental | ||||||
11 | examination. Each of these children shall present proof of | ||||||
12 | having been examined by a dentist in accordance with this | ||||||
13 | Section and rules adopted under this Section before May 15th of | ||||||
14 | the school year. If a child in the second or sixth grade fails | ||||||
15 | to present proof by May 15th, the school may hold the child's | ||||||
16 | report card until one of the following occurs: (i) the child | ||||||
17 | presents proof of a completed dental examination or (ii) the | ||||||
18 | child presents proof that a dental examination will take place | ||||||
19 | within 60 days after May 15th. The Department of Public Health | ||||||
20 | shall establish, by rule, a waiver for children who show an | ||||||
21 | undue burden or a lack of access to a dentist. Each public, | ||||||
22 | private, and parochial school must give notice of this dental | ||||||
23 | examination requirement to the parents and guardians of | ||||||
24 | students at least 60 days before May 15th of each school year.
| ||||||
25 | (1.10) Except as otherwise provided in this Section, all | ||||||
26 | children enrolling in kindergarten in a public, private, or |
| |||||||
| |||||||
1 | parochial school on or after the effective date of this | ||||||
2 | amendatory Act of the 95th General Assembly and any student | ||||||
3 | enrolling for the first time in a public, private, or parochial | ||||||
4 | school on or after the effective date of this amendatory Act of | ||||||
5 | the 95th General Assembly shall have an eye examination. Each | ||||||
6 | of these children shall present proof of having been examined | ||||||
7 | by a physician licensed to practice medicine in all of its | ||||||
8 | branches or a licensed optometrist within the previous year, in | ||||||
9 | accordance with this Section and rules adopted under this | ||||||
10 | Section, before October 15th of the school year. If the child | ||||||
11 | fails to present proof by October 15th, the school may hold the | ||||||
12 | child's report card until one of the following occurs: (i) the | ||||||
13 | child presents proof of a completed eye examination or (ii) the | ||||||
14 | child presents proof that an eye examination will take place | ||||||
15 | within 60 days after October 15th. The Department of Public | ||||||
16 | Health shall establish, by rule, a waiver for children who show | ||||||
17 | an undue burden or a lack of access to a physician licensed to | ||||||
18 | practice medicine in all of its branches who provides eye | ||||||
19 | examinations or to a licensed optometrist. Each public, | ||||||
20 | private, and parochial school must give notice of this eye | ||||||
21 | examination requirement to the parents and guardians of | ||||||
22 | students in compliance with rules of the Department of Public | ||||||
23 | Health. Nothing in this Section shall be construed to allow a | ||||||
24 | school to exclude a child from attending because of a parent's | ||||||
25 | or guardian's failure to obtain an eye examination for the | ||||||
26 | child.
|
| |||||||
| |||||||
1 | (2) The Department of Public Health shall promulgate rules | ||||||
2 | and regulations
specifying the examinations and procedures | ||||||
3 | that constitute a health examination, which shall include the | ||||||
4 | collection of data relating to obesity
(including at a minimum, | ||||||
5 | date of birth, gender, height, weight, blood pressure, and date | ||||||
6 | of exam),
and a dental examination and may recommend by rule | ||||||
7 | that certain additional examinations be performed.
The rules | ||||||
8 | and regulations of the Department of Public Health shall | ||||||
9 | specify that
a tuberculosis skin test screening shall be | ||||||
10 | included as a required part of each
health examination included | ||||||
11 | under this Section if the child resides in an area
designated | ||||||
12 | by the Department of Public Health as having a high incidence | ||||||
13 | of
tuberculosis.
The Department of Public Health shall specify | ||||||
14 | that a diabetes
screening as defined by rule shall be included | ||||||
15 | as a required part of each
health examination.
Diabetes testing | ||||||
16 | is not required. | ||||||
17 | Physicians licensed to practice medicine in all of its | ||||||
18 | branches, licensed advanced
practice nurses, or licensed | ||||||
19 | physician assistants shall be
responsible for the performance | ||||||
20 | of the health examinations, other than dental
examinations, eye | ||||||
21 | examinations, and vision and hearing screening, and shall sign | ||||||
22 | all report forms
required by subsection (4) of this Section | ||||||
23 | that pertain to those portions of
the health examination for | ||||||
24 | which the physician, advanced practice nurse, or
physician | ||||||
25 | assistant is responsible.
If a registered
nurse performs any | ||||||
26 | part of a health examination, then a physician licensed to
|
| |||||||
| |||||||
1 | practice medicine in all of its branches must review and sign | ||||||
2 | all required
report forms. Licensed dentists shall perform all | ||||||
3 | dental examinations and
shall sign all report forms required by | ||||||
4 | subsection (4) of this Section that
pertain to the dental | ||||||
5 | examinations. Physicians licensed to practice medicine
in all | ||||||
6 | its branches or licensed optometrists shall perform all eye | ||||||
7 | examinations
required by this Section and shall sign all report | ||||||
8 | forms required by
subsection (4) of this Section that pertain | ||||||
9 | to the eye examination. For purposes of this Section, an eye | ||||||
10 | examination shall at a minimum include history, visual acuity, | ||||||
11 | subjective refraction to best visual acuity near and far, | ||||||
12 | internal and external examination, and a glaucoma evaluation, | ||||||
13 | as well as any other tests or observations that in the | ||||||
14 | professional judgment of the doctor are necessary. Vision and
| ||||||
15 | hearing screening tests, which shall not be considered | ||||||
16 | examinations as that
term is used in this Section, shall be | ||||||
17 | conducted in accordance with rules and
regulations of the | ||||||
18 | Department of Public Health, and by individuals whom the
| ||||||
19 | Department of Public Health has certified.
In these rules and | ||||||
20 | regulations, the Department of Public Health shall
require that | ||||||
21 | individuals conducting vision screening tests give a child's
| ||||||
22 | parent or guardian written notification, before the vision | ||||||
23 | screening is
conducted, that states, "Vision screening is not a | ||||||
24 | substitute for a
complete eye and vision evaluation by an eye | ||||||
25 | doctor. Your child is not
required to undergo this vision | ||||||
26 | screening if an optometrist or
ophthalmologist has completed |
| |||||||
| |||||||
1 | and signed a report form indicating that
an examination has | ||||||
2 | been administered within the previous 12 months." | ||||||
3 | (3) Every child shall, at or about the same time as he or | ||||||
4 | she receives
a health examination required by subsection (1) of | ||||||
5 | this Section, present
to the local school proof of having | ||||||
6 | received such immunizations against
preventable communicable | ||||||
7 | diseases as the Department of Public Health shall
require by | ||||||
8 | rules and regulations promulgated pursuant to this Section and | ||||||
9 | the
Communicable Disease Prevention Act. | ||||||
10 | (4) The individuals conducting the health examination,
| ||||||
11 | dental examination, or eye examination shall record the
fact of | ||||||
12 | having conducted the examination, and such additional | ||||||
13 | information as
required, including for a health examination
| ||||||
14 | data relating to obesity
(including at a minimum, date of | ||||||
15 | birth, gender, height, weight, blood pressure, and date of | ||||||
16 | exam), on uniform forms which the Department of Public Health | ||||||
17 | and the State
Board of Education shall prescribe for statewide | ||||||
18 | use. The examiner shall
summarize on the report form any | ||||||
19 | condition that he or she suspects indicates a
need for special | ||||||
20 | services, including for a health examination factors relating | ||||||
21 | to obesity. The individuals confirming the administration of
| ||||||
22 | required immunizations shall record as indicated on the form | ||||||
23 | that the
immunizations were administered. | ||||||
24 | (5) If a child does not submit proof of having had either | ||||||
25 | the health
examination or the immunization as required, then | ||||||
26 | the child shall be examined
or receive the immunization, as the |
| |||||||
| |||||||
1 | case may be, and present proof by October
15 of the current | ||||||
2 | school year, or by an earlier date of the current school year
| ||||||
3 | established by a school district. To establish a date before | ||||||
4 | October 15 of the
current school year for the health | ||||||
5 | examination or immunization as required, a
school district must | ||||||
6 | give notice of the requirements of this Section 60 days
prior | ||||||
7 | to the earlier established date. If for medical reasons one or | ||||||
8 | more of
the required immunizations must be given after October | ||||||
9 | 15 of the current school
year, or after an earlier established | ||||||
10 | date of the current school year, then
the child shall present, | ||||||
11 | by October 15, or by the earlier established date, a
schedule | ||||||
12 | for the administration of the immunizations and a statement of | ||||||
13 | the
medical reasons causing the delay, both the schedule and | ||||||
14 | the statement being
issued by the physician, advanced practice | ||||||
15 | nurse, physician assistant,
registered nurse, or local health | ||||||
16 | department that will
be responsible for administration of the | ||||||
17 | remaining required immunizations. If
a child does not comply by | ||||||
18 | October 15, or by the earlier established date of
the current | ||||||
19 | school year, with the requirements of this subsection, then the
| ||||||
20 | local school authority shall exclude that child from school | ||||||
21 | until such time as
the child presents proof of having had the | ||||||
22 | health examination as required and
presents proof of having | ||||||
23 | received those required immunizations which are
medically | ||||||
24 | possible to receive immediately. During a child's exclusion | ||||||
25 | from
school for noncompliance with this subsection, the child's | ||||||
26 | parents or legal
guardian shall be considered in violation of |
| |||||||
| |||||||
1 | Section 26-1 and subject to any
penalty imposed by Section | ||||||
2 | 26-10. This subsection (5) does not apply to dental | ||||||
3 | examinations and eye examinations. If the student is an | ||||||
4 | out-of-state transfer student and does not have the proof | ||||||
5 | required under this subsection (5) before October 15 of the | ||||||
6 | current year or whatever date is set by the school district, | ||||||
7 | then he or she may only attend classes (i) if he or she has | ||||||
8 | proof that an appointment for the required vaccinations has | ||||||
9 | been scheduled with a party authorized to submit proof of the | ||||||
10 | required vaccinations. If the proof of vaccination required | ||||||
11 | under this subsection (5) is not submitted within 30 days after | ||||||
12 | the student is permitted to attend classes, then the student is | ||||||
13 | not to be permitted to attend classes until proof of the | ||||||
14 | vaccinations has been properly submitted. No school district or | ||||||
15 | employee of a school district shall be held liable for any | ||||||
16 | injury or illness to another person that results from admitting | ||||||
17 | an out-of-state transfer student to class that has an | ||||||
18 | appointment scheduled pursuant to this subsection (5). | ||||||
19 | (6) Every school shall report to the State Board of | ||||||
20 | Education by November
15, in the manner which that agency shall | ||||||
21 | require, the number of children who
have received the necessary | ||||||
22 | immunizations and the health examination (other than a dental | ||||||
23 | examination or eye examination) as
required, indicating, of | ||||||
24 | those who have not received the immunizations and
examination | ||||||
25 | as required, the number of children who are exempt from health
| ||||||
26 | examination and immunization requirements on religious or |
| |||||||
| |||||||
1 | medical grounds as
provided in subsection (8). On or before | ||||||
2 | December 1 of each year, every public school district and | ||||||
3 | registered nonpublic school shall make publicly available the | ||||||
4 | immunization data they are required to submit to the State | ||||||
5 | Board of Education by November 15. The immunization data made | ||||||
6 | publicly available must be identical to the data the school | ||||||
7 | district or school has reported to the State Board of | ||||||
8 | Education. | ||||||
9 | Every school shall report to the State Board of Education | ||||||
10 | by June 30, in the manner that the State Board requires, the | ||||||
11 | number of children who have received the required dental | ||||||
12 | examination, indicating, of those who have not received the | ||||||
13 | required dental examination, the number of children who are | ||||||
14 | exempt from the dental examination on religious grounds as | ||||||
15 | provided in subsection (8) of this Section and the number of | ||||||
16 | children who have received a waiver under subsection (1.5) of | ||||||
17 | this Section. | ||||||
18 | Every school shall report to the State Board of Education | ||||||
19 | by June 30, in the manner that the State Board requires, the | ||||||
20 | number of children who have received the required eye | ||||||
21 | examination, indicating, of those who have not received the | ||||||
22 | required eye examination, the number of children who are exempt | ||||||
23 | from the eye examination as provided in subsection (8) of this | ||||||
24 | Section, the number of children who have received a waiver | ||||||
25 | under subsection (1.10) of this Section, and the total number | ||||||
26 | of children in noncompliance with the eye examination |
| |||||||
| |||||||
1 | requirement. | ||||||
2 | The reported information under this subsection (6) shall be | ||||||
3 | provided to the
Department of Public Health by the State Board | ||||||
4 | of Education. | ||||||
5 | (7) Upon determining that the number of pupils who are | ||||||
6 | required to be in
compliance with subsection (5) of this | ||||||
7 | Section is below 90% of the number of
pupils enrolled in the | ||||||
8 | school district, 10% of each State aid payment made
pursuant to | ||||||
9 | Section 18-8.05 or 18-8.15 to the school district for such year | ||||||
10 | may be withheld
by the State Board of Education until the | ||||||
11 | number of students in compliance with
subsection (5) is the | ||||||
12 | applicable specified percentage or higher. | ||||||
13 | (8) Children of parents or legal guardians who object to | ||||||
14 | health, dental, or eye examinations or any part thereof, to | ||||||
15 | immunizations, or to vision and hearing screening tests on | ||||||
16 | religious grounds shall not be required to undergo the | ||||||
17 | examinations, tests, or immunizations to which they so object | ||||||
18 | if such parents or legal guardians present to the appropriate | ||||||
19 | local school authority a signed Certificate of Religious | ||||||
20 | Exemption detailing the grounds for objection and the specific | ||||||
21 | immunizations, tests, or examinations to which they object. The | ||||||
22 | grounds for objection must set forth the specific religious | ||||||
23 | belief that conflicts with the examination, test, | ||||||
24 | immunization, or other medical intervention. The signed | ||||||
25 | certificate shall also reflect the parent's or legal guardian's | ||||||
26 | understanding of the school's exclusion policies in the case of |
| |||||||
| |||||||
1 | a vaccine-preventable disease outbreak or exposure. The | ||||||
2 | certificate must also be signed by the authorized examining | ||||||
3 | health care provider responsible for the performance of the | ||||||
4 | child's health examination confirming that the provider | ||||||
5 | provided education to the parent or legal guardian on the | ||||||
6 | benefits of immunization and the health risks to the student | ||||||
7 | and to the community of the communicable diseases for which | ||||||
8 | immunization is required in this State. However, the health | ||||||
9 | care provider's signature on the certificate reflects only that | ||||||
10 | education was provided and does not allow a health care | ||||||
11 | provider grounds to determine a religious exemption. Those | ||||||
12 | receiving immunizations required under this Code shall be | ||||||
13 | provided with the relevant vaccine information statements that | ||||||
14 | are required to be disseminated by the federal National | ||||||
15 | Childhood Vaccine Injury Act of 1986, which may contain | ||||||
16 | information on circumstances when a vaccine should not be | ||||||
17 | administered, prior to administering a vaccine. A healthcare | ||||||
18 | provider may consider including without limitation the | ||||||
19 | nationally accepted recommendations from federal agencies such | ||||||
20 | as the Advisory Committee on Immunization Practices, the | ||||||
21 | information outlined in the relevant vaccine information | ||||||
22 | statement, and vaccine package inserts, along with the | ||||||
23 | healthcare provider's clinical judgment, to determine whether | ||||||
24 | any child may be more susceptible to experiencing an adverse | ||||||
25 | vaccine reaction than the general population, and , if so, the | ||||||
26 | healthcare provider may exempt the child from an immunization |
| |||||||
| |||||||
1 | or adopt an individualized immunization schedule. The | ||||||
2 | Certificate of Religious Exemption shall be created by the | ||||||
3 | Department of Public Health and shall be made available and | ||||||
4 | used by parents and legal guardians by the beginning of the | ||||||
5 | 2015-2016 school year. Parents or legal guardians must submit | ||||||
6 | the Certificate of Religious Exemption to their local school | ||||||
7 | authority prior to entering kindergarten, sixth grade, and | ||||||
8 | ninth grade for each child for which they are requesting an | ||||||
9 | exemption. The religious objection stated need not be directed | ||||||
10 | by the tenets of an established religious organization. | ||||||
11 | However, general philosophical or moral reluctance to allow | ||||||
12 | physical examinations, eye examinations, immunizations, vision | ||||||
13 | and hearing screenings, or dental examinations does not provide | ||||||
14 | a sufficient basis for an exception to statutory requirements. | ||||||
15 | The local school authority is responsible for determining if
| ||||||
16 | the content of the Certificate of Religious Exemption
| ||||||
17 | constitutes a valid religious objection.
The local school | ||||||
18 | authority shall inform the parent or legal guardian of | ||||||
19 | exclusion procedures, in accordance with the Department's | ||||||
20 | rules under Part 690 of Title 77 of the Illinois Administrative | ||||||
21 | Code, at the time the objection is presented. | ||||||
22 | If the physical condition
of the child is such that any one | ||||||
23 | or more of the immunizing agents should not
be administered, | ||||||
24 | the examining physician, advanced practice nurse, or
physician | ||||||
25 | assistant responsible for the performance of the
health | ||||||
26 | examination shall endorse that fact upon the health examination |
| |||||||
| |||||||
1 | form. | ||||||
2 | Exempting a child from the health,
dental, or eye | ||||||
3 | examination does not exempt the child from
participation in the | ||||||
4 | program of physical education training provided in
Sections | ||||||
5 | 27-5 through 27-7 of this Code. | ||||||
6 | (9) For the purposes of this Section, "nursery schools" | ||||||
7 | means those nursery
schools operated by elementary school | ||||||
8 | systems or secondary level school units
or institutions of | ||||||
9 | higher learning. | ||||||
10 | (Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; | ||||||
11 | 99-249, eff. 8-3-15; revised 10-21-15.)
| ||||||
12 | (105 ILCS 5/27A-9)
| ||||||
13 | Sec. 27A-9. Term of charter; renewal.
| ||||||
14 | (a) A charter may be granted for a period not less than 5 | ||||||
15 | and not
more than
10
school years. A charter may be renewed in | ||||||
16 | incremental periods not to exceed
5
school years.
| ||||||
17 | (b) A charter school renewal proposal submitted to the
| ||||||
18 | local school board or the Commission, as the chartering entity,
| ||||||
19 | shall contain:
| ||||||
20 | (1) A report on the progress of the charter school in | ||||||
21 | achieving the goals,
objectives, pupil performance | ||||||
22 | standards, content standards, and other terms of
the | ||||||
23 | initial approved charter proposal; and
| ||||||
24 | (2) A financial statement that discloses the costs of | ||||||
25 | administration,
instruction, and other spending categories |
| |||||||
| |||||||
1 | for the charter school that is
understandable to the | ||||||
2 | general public and that will allow comparison of those
| ||||||
3 | costs to other schools or other comparable organizations, | ||||||
4 | in a format required
by the State Board.
| ||||||
5 | (c) A charter may be revoked
or not renewed if the local | ||||||
6 | school board or the Commission, as the chartering
entity,
| ||||||
7 | clearly demonstrates that the
charter school did any of the
| ||||||
8 | following, or otherwise failed to comply with the requirements | ||||||
9 | of this law:
| ||||||
10 | (1) Committed a material violation of any of the | ||||||
11 | conditions, standards, or
procedures set forth in the | ||||||
12 | charter.
| ||||||
13 | (2) Failed to meet or make reasonable progress toward | ||||||
14 | achievement of the
content standards or pupil performance | ||||||
15 | standards identified in the charter.
| ||||||
16 | (3) Failed to meet generally accepted standards of | ||||||
17 | fiscal management.
| ||||||
18 | (4) Violated any provision of law from which the | ||||||
19 | charter school was not
exempted.
| ||||||
20 | In the case of revocation, the local school board or the | ||||||
21 | Commission, as the chartering entity, shall notify the charter | ||||||
22 | school in writing of the reason why the charter is subject to | ||||||
23 | revocation. The charter school shall submit a written plan to | ||||||
24 | the local school board or the Commission, whichever is | ||||||
25 | applicable, to rectify the problem. The plan shall include a | ||||||
26 | timeline for implementation, which shall not exceed 2 years or |
| |||||||
| |||||||
1 | the date of the charter's expiration, whichever is earlier. If | ||||||
2 | the local school board or the Commission, as the chartering | ||||||
3 | entity, finds that the charter school has failed to implement | ||||||
4 | the plan of remediation and adhere to the timeline, then the | ||||||
5 | chartering entity shall revoke the charter. Except in | ||||||
6 | situations of an emergency where the health, safety, or | ||||||
7 | education of the charter school's students is at risk, the | ||||||
8 | revocation shall take place at the end of a school year. | ||||||
9 | Nothing in this amendatory Act of the 96th General Assembly | ||||||
10 | shall be construed to prohibit an implementation timetable that | ||||||
11 | is less than 2 years in duration. | ||||||
12 | (d) (Blank).
| ||||||
13 | (e) Notice of a local school board's decision to
deny, | ||||||
14 | revoke or not to
renew a charter shall be provided to the | ||||||
15 | Commission and the State Board.
The Commission may reverse a | ||||||
16 | local board's
decision
if the Commission finds
that the charter | ||||||
17 | school or charter school proposal (i) is in compliance with
| ||||||
18 | this Article, and (ii) is in the best interests of the students | ||||||
19 | it is designed
to serve.
The Commission may condition the | ||||||
20 | granting of an appeal on the acceptance by
the charter school | ||||||
21 | of funding in an amount less than that requested in the
| ||||||
22 | proposal submitted to the local school board.
Final decisions | ||||||
23 | of the Commission shall be subject
to judicial review under the | ||||||
24 | Administrative Review Law.
| ||||||
25 | (f) Notwithstanding other provisions of this Article, if | ||||||
26 | the Commission
on appeal reverses a local board's decision
or |
| |||||||
| |||||||
1 | if a charter school is
approved by referendum,
the Commission
| ||||||
2 | shall act as the
authorized chartering entity for the charter | ||||||
3 | school.
The Commission shall
approve the charter and shall | ||||||
4 | perform all functions
under this
Article otherwise performed by | ||||||
5 | the local school
board. The State Board shall determine whether | ||||||
6 | the charter proposal approved by the Commission is consistent | ||||||
7 | with the provisions of this Article and, if the approved | ||||||
8 | proposal complies, certify the proposal pursuant to this | ||||||
9 | Article. The State Board shall
report the aggregate number of | ||||||
10 | charter school pupils resident in a school
district to that | ||||||
11 | district
and shall notify the district
of the amount of
funding | ||||||
12 | to be paid by the State Board to the charter school enrolling | ||||||
13 | such
students.
The Commission shall require the
charter school | ||||||
14 | to maintain accurate records of daily attendance that shall be
| ||||||
15 | deemed sufficient to file claims under Section 18-8.05 or | ||||||
16 | 18-8.15 notwithstanding any
other requirements of that Section | ||||||
17 | regarding hours of instruction and teacher
certification.
The | ||||||
18 | State Board shall withhold from funds otherwise due the | ||||||
19 | district
the funds authorized by this Article to be paid to the | ||||||
20 | charter school and shall
pay such amounts to the charter | ||||||
21 | school.
| ||||||
22 | (g) For charter schools authorized by the Commission, the | ||||||
23 | Commission shall quarterly certify to the State Board the | ||||||
24 | student enrollment for each of its charter schools. | ||||||
25 | (h) For charter schools authorized by the Commission, the | ||||||
26 | State Board shall pay directly to a charter school any federal |
| |||||||
| |||||||
1 | or State aid attributable to a student with a disability | ||||||
2 | attending the school. | ||||||
3 | (Source: P.A. 97-152, eff. 7-20-11; 98-739, eff. 7-16-14.)
| ||||||
4 | (105 ILCS 5/27A-11)
| ||||||
5 | Sec. 27A-11. Local financing.
| ||||||
6 | (a) For purposes of the School Code, pupils enrolled in a | ||||||
7 | charter school
shall be included in the pupil enrollment of the | ||||||
8 | school district within which
the
pupil resides. Each charter | ||||||
9 | school (i) shall determine the school district in
which each | ||||||
10 | pupil who is enrolled in the charter school resides,
(ii) shall
| ||||||
11 | report the aggregate number of pupils resident of a school | ||||||
12 | district who are
enrolled in the charter school to the school | ||||||
13 | district in which those pupils
reside, and (iii) shall maintain | ||||||
14 | accurate records of daily attendance that
shall be deemed | ||||||
15 | sufficient to file claims under Section 18-8 or 18-8.15 | ||||||
16 | notwithstanding
any other requirements of that Section | ||||||
17 | regarding hours of instruction and
teacher certification.
| ||||||
18 | (b) Except for a charter school established by referendum | ||||||
19 | under Section
27A-6.5, as part of a charter school contract, | ||||||
20 | the charter school and the
local
school board shall agree on | ||||||
21 | funding and any services to be provided by the
school district | ||||||
22 | to the charter school.
Agreed funding that a charter school is | ||||||
23 | to receive from the local school
board for a school year shall | ||||||
24 | be paid in
equal quarterly installments with the payment of the
| ||||||
25 | installment for the first quarter being made not later than |
| |||||||
| |||||||
1 | July 1, unless the
charter establishes a different payment | ||||||
2 | schedule. However, if a charter school dismisses a pupil from | ||||||
3 | the charter school after receiving a quarterly payment, the | ||||||
4 | charter school shall return to the school district, on a | ||||||
5 | quarterly basis, the prorated portion of public funding | ||||||
6 | provided for the education of that pupil for the time the | ||||||
7 | student is not enrolled at the charter school. Likewise, if a | ||||||
8 | pupil transfers to a charter school between quarterly payments, | ||||||
9 | the school district shall provide, on a quarterly basis, a | ||||||
10 | prorated portion of the public funding to the charter school to | ||||||
11 | provide for the education of that pupil.
| ||||||
12 | All services centrally or otherwise provided by the school | ||||||
13 | district
including, but not limited to, rent, food services, | ||||||
14 | custodial services,
maintenance,
curriculum, media services, | ||||||
15 | libraries, transportation, and warehousing shall be
subject to
| ||||||
16 | negotiation between a charter school and the local school board | ||||||
17 | and paid
for out
of the revenues negotiated pursuant to this | ||||||
18 | subsection (b); provided that the
local school board shall not | ||||||
19 | attempt, by negotiation or otherwise, to obligate
a charter | ||||||
20 | school to provide pupil transportation for pupils for whom a | ||||||
21 | district
is not required to provide transportation under the | ||||||
22 | criteria set forth in
subsection (a)(13) of Section 27A-7.
| ||||||
23 | In no event shall the funding be less than 75% or more than
| ||||||
24 | 125% of the
school district's per capita student tuition | ||||||
25 | multiplied by
the
number of students residing in the district | ||||||
26 | who are enrolled in the charter
school.
|
| |||||||
| |||||||
1 | It is the intent of the General Assembly that funding and | ||||||
2 | service agreements
under this subsection (b) shall be neither a | ||||||
3 | financial incentive nor a
financial disincentive to the | ||||||
4 | establishment of a charter school.
| ||||||
5 | The charter school may set and collect reasonable fees. | ||||||
6 | Fees collected
from students enrolled at a charter school shall | ||||||
7 | be retained
by the charter school.
| ||||||
8 | (c) Notwithstanding subsection (b) of this Section, the | ||||||
9 | proportionate share
of State and federal resources generated by | ||||||
10 | students with disabilities or staff
serving them shall be | ||||||
11 | directed to charter schools enrolling those students by
their | ||||||
12 | school districts or administrative units. The proportionate | ||||||
13 | share of
moneys generated under other federal or State | ||||||
14 | categorical aid programs shall be
directed to charter schools | ||||||
15 | serving students eligible for that aid.
| ||||||
16 | (d) The governing body of a charter school is authorized to | ||||||
17 | accept
gifts,
donations, or grants of any kind made to the | ||||||
18 | charter school and to expend or
use gifts, donations, or grants | ||||||
19 | in accordance with the conditions prescribed by
the donor; | ||||||
20 | however, a gift, donation, or grant may not be accepted by the
| ||||||
21 | governing body if it is subject to any condition contrary to | ||||||
22 | applicable law or
contrary
to the terms of the contract between | ||||||
23 | the charter school and the local school
board. Charter schools | ||||||
24 | shall be encouraged to solicit and utilize community
volunteer | ||||||
25 | speakers and other instructional resources when providing | ||||||
26 | instruction
on the Holocaust and other historical events.
|
| |||||||
| |||||||
1 | (e) (Blank).
| ||||||
2 | (f) The Commission shall provide technical assistance to
| ||||||
3 | persons and groups
preparing or revising charter applications.
| ||||||
4 | (g) At the non-renewal or revocation of its charter, each
| ||||||
5 | charter school
shall refund to the local board of education all | ||||||
6 | unspent funds.
| ||||||
7 | (h) A charter school is authorized to incur temporary, | ||||||
8 | short
term debt to
pay operating expenses in anticipation of | ||||||
9 | receipt of funds from the local
school board.
| ||||||
10 | (Source: P.A. 98-640, eff. 6-9-14; 98-739, eff. 7-16-14; 99-78, | ||||||
11 | eff. 7-20-15.)
| ||||||
12 | (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) | ||||||
13 | Sec. 29-5. Reimbursement by State for transportation. Any | ||||||
14 | school
district, maintaining a school, transporting resident | ||||||
15 | pupils to another
school district's vocational program, | ||||||
16 | offered through a joint agreement
approved by the State Board | ||||||
17 | of Education, as provided in Section
10-22.22 or transporting | ||||||
18 | its resident pupils to a school which meets the
standards for | ||||||
19 | recognition as established by the State Board of Education
| ||||||
20 | which provides transportation meeting the standards of safety, | ||||||
21 | comfort,
convenience, efficiency and operation prescribed by | ||||||
22 | the State Board of
Education for resident pupils in | ||||||
23 | kindergarten or any of grades 1 through
12 who: (a) reside at | ||||||
24 | least 1 1/2 miles as measured by the customary route of
travel, | ||||||
25 | from the school attended; or (b) reside in areas where |
| |||||||
| |||||||
1 | conditions are
such that walking constitutes a hazard to the | ||||||
2 | safety of the child when
determined under Section 29-3; and (c) | ||||||
3 | are transported to the school attended
from pick-up points at | ||||||
4 | the beginning of the school day and back again at the
close of | ||||||
5 | the school day or transported to and from their assigned | ||||||
6 | attendance
centers during the school day, shall be reimbursed | ||||||
7 | by the State as hereinafter
provided in this Section.
| ||||||
8 | The State will pay the cost of transporting eligible pupils | ||||||
9 | less the
assessed valuation in a dual school district | ||||||
10 | maintaining secondary
grades 9 to 12 inclusive times a | ||||||
11 | qualifying rate of .05%; in elementary
school districts | ||||||
12 | maintaining grades K to 8 times a qualifying rate of
.06%; and | ||||||
13 | in unit districts maintaining grades K to 12, including | ||||||
14 | optional elementary unit districts and combined high school - | ||||||
15 | unit districts, times a qualifying
rate of .07%; provided that | ||||||
16 | for optional elementary unit districts and combined high school - | ||||||
17 | unit districts, assessed valuation for high school purposes, | ||||||
18 | as defined in Article 11E of this Code, must be used. To be | ||||||
19 | eligible to receive reimbursement in excess of 4/5
of the cost | ||||||
20 | to transport eligible pupils, a school district shall have a
| ||||||
21 | Transportation Fund tax rate of at least .12%. If a school | ||||||
22 | district
does not have a .12% Transportation Fund tax rate, the | ||||||
23 | amount of its
claim in excess of 4/5 of the cost of | ||||||
24 | transporting pupils shall be
reduced by the sum arrived at by | ||||||
25 | subtracting the Transportation Fund tax
rate from .12% and | ||||||
26 | multiplying that amount by the districts equalized or
assessed |
| |||||||
| |||||||
1 | valuation, provided, that in no case shall said reduction
| ||||||
2 | result in reimbursement of less than 4/5 of the cost to | ||||||
3 | transport
eligible pupils.
| ||||||
4 | The minimum amount to be received by a district is $16 | ||||||
5 | times the
number of eligible pupils transported.
| ||||||
6 | When calculating the reimbursement for transportation | ||||||
7 | costs, the State Board of Education may not deduct the number | ||||||
8 | of pupils enrolled in early education programs from the number | ||||||
9 | of pupils eligible for reimbursement if the pupils enrolled in | ||||||
10 | the early education programs are transported at the same time | ||||||
11 | as other eligible pupils.
| ||||||
12 | Any such district transporting resident pupils during the | ||||||
13 | school day
to an area vocational school or another school | ||||||
14 | district's vocational
program more than 1 1/2 miles from the | ||||||
15 | school attended, as provided in
Sections 10-22.20a and | ||||||
16 | 10-22.22, shall be reimbursed by the State for 4/5
of the cost | ||||||
17 | of transporting eligible pupils.
| ||||||
18 | School day means that period of time which the pupil is | ||||||
19 | required to be
in attendance for instructional purposes.
| ||||||
20 | If a pupil is at a location within the school district | ||||||
21 | other than his
residence for child care purposes at the time | ||||||
22 | for transportation to school,
that location may be considered | ||||||
23 | for purposes of determining the 1 1/2 miles
from the school | ||||||
24 | attended.
| ||||||
25 | Claims for reimbursement that include children who attend | ||||||
26 | any school
other than a public school shall show the number of |
| |||||||
| |||||||
1 | such children
transported.
| ||||||
2 | Claims for reimbursement under this Section shall not be | ||||||
3 | paid for the
transportation of pupils for whom transportation | ||||||
4 | costs are claimed for
payment under other Sections of this Act.
| ||||||
5 | The allowable direct cost of transporting pupils for | ||||||
6 | regular, vocational,
and special education pupil | ||||||
7 | transportation shall be limited to the sum of
the cost of | ||||||
8 | physical examinations required for employment as a school bus
| ||||||
9 | driver; the salaries of full or part-time drivers and school | ||||||
10 | bus maintenance
personnel; employee benefits excluding | ||||||
11 | Illinois municipal retirement
payments, social security | ||||||
12 | payments, unemployment insurance payments and
workers' | ||||||
13 | compensation insurance premiums; expenditures to independent
| ||||||
14 | carriers who operate school buses; payments to other school | ||||||
15 | districts for
pupil transportation services; pre-approved | ||||||
16 | contractual expenditures for
computerized bus scheduling; the | ||||||
17 | cost of gasoline, oil, tires, and other
supplies necessary for | ||||||
18 | the operation of school buses; the cost of
converting buses' | ||||||
19 | gasoline engines to more fuel efficient engines or to
engines | ||||||
20 | which use alternative energy sources; the cost of travel to
| ||||||
21 | meetings and workshops conducted by the regional | ||||||
22 | superintendent or the
State Superintendent of Education | ||||||
23 | pursuant to the standards established by
the Secretary of State | ||||||
24 | under Section 6-106 of the Illinois Vehicle Code to improve the | ||||||
25 | driving skills of
school bus drivers; the cost of maintenance | ||||||
26 | of school buses including parts
and materials used; |
| |||||||
| |||||||
1 | expenditures for leasing transportation vehicles,
except | ||||||
2 | interest and service charges; the cost of insurance and | ||||||
3 | licenses for
transportation vehicles; expenditures for the | ||||||
4 | rental of transportation
equipment; plus a depreciation | ||||||
5 | allowance of 20% for 5 years for school
buses and vehicles | ||||||
6 | approved for transporting pupils to and from school and
a | ||||||
7 | depreciation allowance of 10% for 10 years for other | ||||||
8 | transportation
equipment so used.
Each school year, if a school | ||||||
9 | district has made expenditures to the
Regional Transportation | ||||||
10 | Authority or any of its service boards, a mass
transit | ||||||
11 | district, or an urban transportation district under an
| ||||||
12 | intergovernmental agreement with the district to provide for | ||||||
13 | the
transportation of pupils and if the public transit carrier | ||||||
14 | received direct
payment for services or passes from a school | ||||||
15 | district within its service
area during the 2000-2001 school | ||||||
16 | year, then the allowable direct cost of
transporting pupils for | ||||||
17 | regular, vocational, and special education pupil
| ||||||
18 | transportation shall also include the expenditures that the | ||||||
19 | district has
made to the public transit carrier.
In addition to | ||||||
20 | the above allowable costs school
districts shall also claim all | ||||||
21 | transportation supervisory salary costs,
including Illinois | ||||||
22 | municipal retirement payments, and all transportation
related | ||||||
23 | building and building maintenance costs without limitation.
| ||||||
24 | Special education allowable costs shall also include | ||||||
25 | expenditures for the
salaries of attendants or aides for that | ||||||
26 | portion of the time they assist
special education pupils while |
| |||||||
| |||||||
1 | in transit and expenditures for parents and
public carriers for | ||||||
2 | transporting special education pupils when pre-approved
by the | ||||||
3 | State Superintendent of Education.
| ||||||
4 | Indirect costs shall be included in the reimbursement claim | ||||||
5 | for districts
which own and operate their own school buses. | ||||||
6 | Such indirect costs shall
include administrative costs, or any | ||||||
7 | costs attributable to transporting
pupils from their | ||||||
8 | attendance centers to another school building for
| ||||||
9 | instructional purposes. No school district which owns and | ||||||
10 | operates its own
school buses may claim reimbursement for | ||||||
11 | indirect costs which exceed 5% of
the total allowable direct | ||||||
12 | costs for pupil transportation.
| ||||||
13 | The State Board of Education shall prescribe uniform | ||||||
14 | regulations for
determining the above standards and shall | ||||||
15 | prescribe forms of cost
accounting and standards of determining | ||||||
16 | reasonable depreciation. Such
depreciation shall include the | ||||||
17 | cost of equipping school buses with the
safety features | ||||||
18 | required by law or by the rules, regulations and standards
| ||||||
19 | promulgated by the State Board of Education, and the Department | ||||||
20 | of
Transportation for the safety and construction of school | ||||||
21 | buses provided,
however, any equipment cost reimbursed by the | ||||||
22 | Department of Transportation
for equipping school buses with | ||||||
23 | such safety equipment shall be deducted
from the allowable cost | ||||||
24 | in the computation of reimbursement under this
Section in the | ||||||
25 | same percentage as the cost of the equipment is depreciated.
| ||||||
26 | On or before August 15, annually, the chief school |
| |||||||
| |||||||
1 | administrator for
the district shall certify to the State | ||||||
2 | Superintendent of Education the
district's claim for | ||||||
3 | reimbursement for the school year ending on June 30
next | ||||||
4 | preceding. The State Superintendent of Education shall check | ||||||
5 | and
approve the claims and prepare the vouchers showing the | ||||||
6 | amounts due for
district reimbursement claims. Each fiscal | ||||||
7 | year, the State
Superintendent of Education shall prepare and | ||||||
8 | transmit the first 3
vouchers to the Comptroller on the 30th | ||||||
9 | day of September, December and
March, respectively, and the | ||||||
10 | final voucher, no later than June 20.
| ||||||
11 | If the amount appropriated for transportation | ||||||
12 | reimbursement is insufficient
to fund total claims for any | ||||||
13 | fiscal year, the State Board of Education shall
reduce each | ||||||
14 | school district's allowable costs and flat grant amount
| ||||||
15 | proportionately to make total adjusted claims equal the total | ||||||
16 | amount
appropriated.
| ||||||
17 | For purposes of calculating claims for reimbursement under | ||||||
18 | this Section
for any school year beginning July 1, 1998, or | ||||||
19 | thereafter, the
equalized
assessed valuation for a school | ||||||
20 | district used to compute reimbursement
shall be computed in the | ||||||
21 | same manner as it is computed under paragraph (2) of
subsection | ||||||
22 | (G) of Section 18-8.05.
| ||||||
23 | All reimbursements received from the State shall be | ||||||
24 | deposited into the
district's transportation fund or into the | ||||||
25 | fund from which the allowable
expenditures were made.
| ||||||
26 | Notwithstanding any other provision of law, any school |
| |||||||
| |||||||
1 | district receiving
a payment under this Section or under | ||||||
2 | Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may | ||||||
3 | classify all or a portion of the funds that it
receives in a | ||||||
4 | particular fiscal year or from general State aid pursuant to
| ||||||
5 | Section 18-8.05 of this Code
as funds received in connection | ||||||
6 | with any funding program for which it is
entitled to receive | ||||||
7 | funds from the State in that fiscal year (including,
without | ||||||
8 | limitation, any funding program referenced in this Section),
| ||||||
9 | regardless of the source or timing of the receipt. The district | ||||||
10 | may not
classify more funds as funds received in connection | ||||||
11 | with the funding
program than the district is entitled to | ||||||
12 | receive in that fiscal year for that
program. Any
| ||||||
13 | classification by a district must be made by a resolution of | ||||||
14 | its board of
education. The resolution must identify the amount | ||||||
15 | of any payments or
general State aid to be classified under | ||||||
16 | this paragraph and must specify
the funding program to which | ||||||
17 | the funds are to be treated as received in
connection | ||||||
18 | therewith. This resolution is controlling as to the
| ||||||
19 | classification of funds referenced therein. A certified copy of | ||||||
20 | the
resolution must be sent to the State Superintendent of | ||||||
21 | Education.
The resolution shall still take effect even though a | ||||||
22 | copy of the resolution has
not been sent to the State
| ||||||
23 | Superintendent of Education in a timely manner.
No
| ||||||
24 | classification under this paragraph by a district shall affect | ||||||
25 | the total amount
or timing of money the district is entitled to | ||||||
26 | receive under this Code.
No classification under this paragraph |
| |||||||
| |||||||
1 | by a district shall
in any way relieve the district from or | ||||||
2 | affect any
requirements that otherwise would apply with respect | ||||||
3 | to
that funding program, including any
accounting of funds by | ||||||
4 | source, reporting expenditures by
original source and purpose,
| ||||||
5 | reporting requirements,
or requirements of providing services.
| ||||||
6 | Any school district with a population of not more than | ||||||
7 | 500,000
must deposit all funds received under this Article into | ||||||
8 | the transportation
fund and use those funds for the provision | ||||||
9 | of transportation services.
| ||||||
10 | Notwithstanding anything to the contrary contained in this | ||||||
11 | Section, the State Board of Education shall award to a school | ||||||
12 | district having a population exceeding 500,000 inhabitants | ||||||
13 | 3.9% of the funds appropriated by the General Assembly for any | ||||||
14 | fiscal year for purposes of payments to school districts under | ||||||
15 | this Section. | ||||||
16 | (Source: P.A. 95-903, eff. 8-25-08; 96-1264, eff. 1-1-11.)
| ||||||
17 | (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
| ||||||
18 | Sec. 34-2.3. Local school councils - Powers and duties. | ||||||
19 | Each local school
council shall have and exercise, consistent | ||||||
20 | with the provisions of
this Article and the powers and duties | ||||||
21 | of
the board of education, the following powers and duties:
| ||||||
22 | 1. (A) To annually evaluate the performance of the | ||||||
23 | principal of the
attendance
center
using a Board approved | ||||||
24 | principal evaluation form, which shall include the
evaluation | ||||||
25 | of
(i) student academic improvement, as defined by the
school |
| |||||||
| |||||||
1 | improvement plan, (ii)
student absenteeism rates
at the school, | ||||||
2 | (iii) instructional leadership, (iv) the effective
| ||||||
3 | implementation of
programs, policies, or strategies to improve | ||||||
4 | student academic achievement,
(v) school management, and (vi) | ||||||
5 | any other factors deemed relevant by the local
school council, | ||||||
6 | including, without limitation, the principal's communication
| ||||||
7 | skills and ability to create and maintain a student-centered | ||||||
8 | learning
environment, to develop opportunities for | ||||||
9 | professional development, and to
encourage parental | ||||||
10 | involvement and community partnerships to achieve school
| ||||||
11 | improvement;
| ||||||
12 | (B) to determine in the manner provided by subsection (c) | ||||||
13 | of Section
34-2.2 and subdivision 1.5 of this Section whether | ||||||
14 | the performance contract
of the principal shall be
renewed; and
| ||||||
15 | (C) to directly select, in the manner provided by
| ||||||
16 | subsection (c) of
Section 34-2.2, a new principal (including a | ||||||
17 | new principal to fill a
vacancy)
-- without submitting any list | ||||||
18 | of candidates for that position to the
general superintendent | ||||||
19 | as provided in paragraph 2 of this Section -- to
serve under a | ||||||
20 | 4 year performance contract; provided that (i) the | ||||||
21 | determination
of whether the principal's performance contract | ||||||
22 | is to be renewed, based upon
the evaluation required by | ||||||
23 | subdivision 1.5 of this Section, shall be made no
later than | ||||||
24 | 150 days prior to the expiration of the current | ||||||
25 | performance-based
contract of the principal, (ii) in cases | ||||||
26 | where such performance
contract is not renewed -- a
direct |
| |||||||
| |||||||
1 | selection
of a
new principal -- to serve under a 4 year | ||||||
2 | performance contract shall be made by
the local school council | ||||||
3 | no later than 45 days prior to the expiration of the
current | ||||||
4 | performance contract of the principal, and (iii) a
selection by
| ||||||
5 | the local school council of a new principal to fill a vacancy | ||||||
6 | under a 4 year
performance contract shall be made within 90 | ||||||
7 | days after the date such vacancy
occurs. A Council shall be | ||||||
8 | required, if requested by the principal, to provide
in writing | ||||||
9 | the reasons for the council's not renewing the principal's | ||||||
10 | contract.
| ||||||
11 | 1.5. The local school council's determination of whether to | ||||||
12 | renew the
principal's contract shall be based on an evaluation | ||||||
13 | to assess the educational
and administrative progress made at | ||||||
14 | the school during the principal's current
performance-based | ||||||
15 | contract. The local school council shall base its evaluation
on | ||||||
16 | (i) student academic improvement, as defined by the school | ||||||
17 | improvement plan,
(ii) student absenteeism rates at the school, | ||||||
18 | (iii) instructional leadership,
(iv) the effective | ||||||
19 | implementation of programs, policies, or strategies to
improve | ||||||
20 | student academic achievement, (v) school management, and (vi) | ||||||
21 | any
other factors deemed relevant by the local school council, | ||||||
22 | including, without
limitation, the principal's communication | ||||||
23 | skills and ability to create and
maintain a student-centered | ||||||
24 | learning environment, to develop opportunities for
| ||||||
25 | professional development, and to encourage parental | ||||||
26 | involvement and community
partnerships to achieve school |
| |||||||
| |||||||
1 | improvement. If a local school council
fails to renew the | ||||||
2 | performance contract of a principal rated by the general
| ||||||
3 | superintendent, or his or her designee, in the previous years' | ||||||
4 | evaluations as
meeting or exceeding expectations, the | ||||||
5 | principal, within 15 days after the
local school council's | ||||||
6 | decision not to renew the contract, may request a review
of the
| ||||||
7 | local school council's principal non-retention decision by a | ||||||
8 | hearing officer
appointed by the American Arbitration | ||||||
9 | Association. A local school council
member or members or the | ||||||
10 | general superintendent may support the principal's
request for | ||||||
11 | review.
During the period of the hearing officer's review of | ||||||
12 | the local school
council's decision on
whether or not to retain | ||||||
13 | the principal, the local school council shall maintain
all | ||||||
14 | authority
to search for and contract with a person to serve
as | ||||||
15 | interim or acting
principal, or as the
principal of the | ||||||
16 | attendance center under a 4-year performance contract,
| ||||||
17 | provided that any performance contract entered into by the | ||||||
18 | local school council
shall be voidable
or
modified in | ||||||
19 | accordance with the decision of the hearing officer.
The | ||||||
20 | principal may request review only once while at that
attendance | ||||||
21 | center. If a local school council renews the contract of a
| ||||||
22 | principal who failed to obtain a rating of "meets" or "exceeds | ||||||
23 | expectations" in
the general superintendent's evaluation for | ||||||
24 | the previous year, the general superintendent,
within 15
days | ||||||
25 | after the local
school council's decision to renew the | ||||||
26 | contract,
may request a review of
the local school council's |
| |||||||
| |||||||
1 | principal retention decision by a hearing officer
appointed by | ||||||
2 | the American Arbitration Association. The general | ||||||
3 | superintendent may request a review only
once
for that | ||||||
4 | principal at that attendance center. All requests to review the
| ||||||
5 | retention or non-retention of a principal shall be submitted to | ||||||
6 | the general
superintendent, who shall, in turn, forward such | ||||||
7 | requests, within 14 days of
receipt, to the American | ||||||
8 | Arbitration Association.
The general superintendent shall send | ||||||
9 | a contemporaneous copy of the request
that was forwarded to the | ||||||
10 | American Arbitration Association to the principal and
to each | ||||||
11 | local school council member and shall inform the local school | ||||||
12 | council
of its rights and responsibilities under the | ||||||
13 | arbitration process, including the
local school council's | ||||||
14 | right to representation and the manner and process by
which the | ||||||
15 | Board shall pay the costs of the council's representation.
If | ||||||
16 | the local school council retains the
principal and the general | ||||||
17 | superintendent requests a review of the retention
decision, the | ||||||
18 | local school council and the general
superintendent shall be | ||||||
19 | considered parties to the arbitration, a hearing officer shall
| ||||||
20 | be
chosen between those 2
parties pursuant to procedures | ||||||
21 | promulgated by the State Board of Education,
and the principal | ||||||
22 | may retain counsel and participate in the arbitration. If the | ||||||
23 | local school council does not retain the principal and
the | ||||||
24 | principal requests a review of the retention decision, the | ||||||
25 | local school
council and the principal shall be considered | ||||||
26 | parties to the
arbitration and a hearing
officer shall be |
| |||||||
| |||||||
1 | chosen between those 2 parties pursuant to procedures
| ||||||
2 | promulgated by the State Board of Education.
The hearing shall | ||||||
3 | begin (i)
within 45 days
after the initial request for review | ||||||
4 | is submitted by the principal to the
general superintendent or | ||||||
5 | (ii) if the
initial request for
review is made by the general | ||||||
6 | superintendent, within 45 days after that request
is mailed
to | ||||||
7 | the American Arbitration Association.
The hearing officer | ||||||
8 | shall render a
decision within 45
days after the hearing begins | ||||||
9 | and within 90 days after the initial request
for review.
The | ||||||
10 | Board shall contract with the American
Arbitration Association | ||||||
11 | for all of the hearing officer's reasonable and
necessary | ||||||
12 | costs. In addition, the Board shall pay any reasonable costs
| ||||||
13 | incurred by a local school council for representation before a | ||||||
14 | hearing
officer.
| ||||||
15 | 1.10. The hearing officer shall conduct a hearing, which | ||||||
16 | shall include (i)
a review of the principal's performance, | ||||||
17 | evaluations, and other evidence of
the principal's service at | ||||||
18 | the school, (ii) reasons provided by the local
school council | ||||||
19 | for its decision, and (iii) documentation evidencing views of
| ||||||
20 | interested persons, including,
without limitation, students, | ||||||
21 | parents, local school council members, school
faculty and | ||||||
22 | staff, the principal, the general superintendent or his or her
| ||||||
23 | designee, and members of the community. The burden of proof in | ||||||
24 | establishing
that the local school council's decision was | ||||||
25 | arbitrary and capricious shall be
on the party requesting the | ||||||
26 | arbitration, and this party shall sustain the
burden by a |
| |||||||
| |||||||
1 | preponderance of the evidence.
The hearing officer shall set | ||||||
2 | the
local school council decision aside if that decision, in | ||||||
3 | light of the record
developed at the hearing, is arbitrary and | ||||||
4 | capricious. The decision of the
hearing officer may not be | ||||||
5 | appealed to the Board or the State Board of
Education. If the | ||||||
6 | hearing officer decides that the principal shall be
retained, | ||||||
7 | the retention period shall not exceed 2 years.
| ||||||
8 | 2. In the event (i) the local school council does not renew | ||||||
9 | the
performance contract of the principal, or the principal | ||||||
10 | fails to receive a
satisfactory rating as provided in | ||||||
11 | subsection (h) of Section 34-8.3,
or the principal is
removed | ||||||
12 | for cause during the term of his or her performance contract
in | ||||||
13 | the manner provided by Section 34-85, or a vacancy in the | ||||||
14 | position
of principal otherwise occurs prior to the expiration | ||||||
15 | of the term of
a principal's performance contract, and (ii) the | ||||||
16 | local school council
fails to directly select a new principal | ||||||
17 | to serve under a 4 year performance
contract,
the local school | ||||||
18 | council in such event shall submit to the general
| ||||||
19 | superintendent a list of 3 candidates -- listed in the local | ||||||
20 | school
council's order of preference -- for the position of | ||||||
21 | principal, one of
which shall be selected by the general | ||||||
22 | superintendent to serve as
principal of the attendance center. | ||||||
23 | If the general superintendent
fails or refuses to select one of | ||||||
24 | the candidates on the list to serve as
principal within 30 days | ||||||
25 | after being furnished with the candidate list,
the general | ||||||
26 | superintendent shall select and place a principal on an interim
|
| |||||||
| |||||||
1 | basis (i) for a period not to exceed one year or (ii) until the | ||||||
2 | local school
council selects a new principal with 7 affirmative | ||||||
3 | votes as
provided in subsection (c) of Section 34-2.2, | ||||||
4 | whichever occurs first. If the
local school council
fails or | ||||||
5 | refuses to select and appoint a new principal, as specified by
| ||||||
6 | subsection (c) of Section 34-2.2, the general superintendent | ||||||
7 | may select and
appoint a new principal on an interim basis for
| ||||||
8 | an additional year or until a new contract principal is | ||||||
9 | selected by the local
school council. There shall be no | ||||||
10 | discrimination on the basis of
race, sex, creed, color or
| ||||||
11 | disability unrelated to ability to perform in
connection with | ||||||
12 | the submission of candidates for, and the selection of a
| ||||||
13 | candidate to serve as principal of an attendance center. No | ||||||
14 | person shall
be directly selected, listed as a candidate for, | ||||||
15 | or selected to serve as
principal of an attendance center (i) | ||||||
16 | if such person has been removed for cause
from employment by | ||||||
17 | the Board or (ii) if such person does not hold a valid
| ||||||
18 | administrative certificate issued or exchanged under Article | ||||||
19 | 21 and
endorsed as required by that Article for the position of | ||||||
20 | principal. A
principal whose performance contract is not | ||||||
21 | renewed as provided under
subsection (c) of Section 34-2.2 may | ||||||
22 | nevertheless, if otherwise qualified
and certified as herein | ||||||
23 | provided
and if he or she has received a satisfactory rating as | ||||||
24 | provided in subsection
(h) of Section 34-8.3, be included by a | ||||||
25 | local school council as
one of the 3 candidates listed in order | ||||||
26 | of preference on any candidate list
from which one person is to |
| |||||||
| |||||||
1 | be selected to serve as principal of the
attendance center | ||||||
2 | under a new performance contract. The initial candidate
list | ||||||
3 | required to be submitted by a local school council to the | ||||||
4 | general
superintendent in cases where the local school council | ||||||
5 | does not renew the
performance contract of its principal and | ||||||
6 | does not directly select a new
principal to serve under a 4 | ||||||
7 | year performance contract shall be submitted
not later than
30 | ||||||
8 | days prior to the expiration of the current performance | ||||||
9 | contract. In
cases where the local school council fails or | ||||||
10 | refuses to submit the candidate
list to the general | ||||||
11 | superintendent no later than 30 days prior to the
expiration of | ||||||
12 | the incumbent principal's contract, the general superintendent
| ||||||
13 | may
appoint a principal on an interim basis for a period not to | ||||||
14 | exceed one year,
during which time the local school council | ||||||
15 | shall be able to select a new
principal with 7 affirmative | ||||||
16 | votes as provided in subsection (c) of Section
34-2.2. In cases | ||||||
17 | where a principal is removed for cause or a
vacancy otherwise | ||||||
18 | occurs in the position of principal and the vacancy is
not | ||||||
19 | filled by direct selection by the local school council, the | ||||||
20 | candidate
list shall be submitted by the local school council | ||||||
21 | to the general
superintendent within 90 days after the date | ||||||
22 | such
removal or
vacancy occurs.
In cases where the local school | ||||||
23 | council fails or refuses to submit the
candidate list to the | ||||||
24 | general superintendent within 90 days after the date of
the | ||||||
25 | vacancy, the general superintendent may appoint a principal on | ||||||
26 | an interim
basis for a period of one year, during which time |
| |||||||
| |||||||
1 | the local school council
shall be able to select a new | ||||||
2 | principal with 7 affirmative votes as provided in
subsection | ||||||
3 | (c) of Section 34-2.2.
| ||||||
4 | 2.5. Whenever a vacancy in the office of a principal occurs | ||||||
5 | for any reason,
the vacancy shall be filled in the manner | ||||||
6 | provided by this Section by the
selection of a new principal to | ||||||
7 | serve under a 4 year performance contract.
| ||||||
8 | 3. To establish additional criteria
to be included as part | ||||||
9 | of
the
performance contract of its principal, provided that | ||||||
10 | such additional
criteria shall not discriminate on the basis of | ||||||
11 | race, sex, creed, color
or
disability unrelated to ability to | ||||||
12 | perform, and shall not be inconsistent
with the uniform 4 year | ||||||
13 | performance contract for principals developed by
the board as | ||||||
14 | provided in Section 34-8.1 of the School Code
or with other | ||||||
15 | provisions of this Article governing the
authority and | ||||||
16 | responsibility of principals.
| ||||||
17 | 4. To approve the expenditure plan prepared by the | ||||||
18 | principal with
respect to all funds allocated and distributed | ||||||
19 | to the attendance center by
the Board. The expenditure plan | ||||||
20 | shall be administered by the principal.
Notwithstanding any | ||||||
21 | other provision of this Act or any other law, any
expenditure | ||||||
22 | plan approved and
administered under this Section 34-2.3 shall | ||||||
23 | be consistent with and subject to
the terms of any contract for | ||||||
24 | services with a third party entered into by the
Chicago School | ||||||
25 | Reform Board of Trustees or the board under this Act.
| ||||||
26 | Via a supermajority vote of 7 members of the local school |
| |||||||
| |||||||
1 | council or 8
members of a high school local school council, the | ||||||
2 | Council may transfer
allocations pursuant to Section 34-2.3 | ||||||
3 | within funds; provided that such a
transfer is consistent with | ||||||
4 | applicable law and
collective bargaining
agreements.
| ||||||
5 | Beginning in fiscal year 1991 and in each fiscal year
| ||||||
6 | thereafter, the
Board may reserve up to 1% of its total fiscal | ||||||
7 | year budget for
distribution
on a prioritized basis to schools | ||||||
8 | throughout the school system in order to
assure adequate | ||||||
9 | programs to meet the needs of
special student populations as | ||||||
10 | determined by the Board. This distribution
shall take into | ||||||
11 | account the needs catalogued in the Systemwide Plan and the
| ||||||
12 | various local school improvement plans of the local school | ||||||
13 | councils.
Information about these centrally funded programs | ||||||
14 | shall be distributed to
the local school councils so that their | ||||||
15 | subsequent planning and programming
will account for these | ||||||
16 | provisions.
| ||||||
17 | Beginning in fiscal year 1991 and in each fiscal year | ||||||
18 | thereafter, from
other amounts available in the applicable | ||||||
19 | fiscal year budget, the board
shall allocate a lump sum amount | ||||||
20 | to each local school based upon
such formula as the board shall | ||||||
21 | determine taking into account the special needs
of the student | ||||||
22 | body. The local school
principal shall develop an expenditure | ||||||
23 | plan in consultation with the local
school council, the | ||||||
24 | professional personnel leadership
committee and with all
other | ||||||
25 | school personnel, which reflects the
priorities and activities | ||||||
26 | as described in the school's local school
improvement plan and |
| |||||||
| |||||||
1 | is consistent with applicable law and collective
bargaining | ||||||
2 | agreements and with board policies and standards; however, the
| ||||||
3 | local school council shall have the right to request waivers of | ||||||
4 | board policy
from the board of education and waivers of | ||||||
5 | employee collective bargaining
agreements pursuant to Section | ||||||
6 | 34-8.1a.
| ||||||
7 | The expenditure plan developed by the principal with | ||||||
8 | respect to
amounts available from the fund for prioritized | ||||||
9 | special needs programs
and the allocated lump sum amount must | ||||||
10 | be approved by the local school council.
| ||||||
11 | The lump sum allocation shall take into account the
| ||||||
12 | following principles:
| ||||||
13 | a. Teachers: Each school shall be allocated funds equal | ||||||
14 | to the
amount appropriated in the previous school year for | ||||||
15 | compensation for
teachers (regular grades kindergarten | ||||||
16 | through 12th grade) plus whatever
increases in | ||||||
17 | compensation have been negotiated contractually or through
| ||||||
18 | longevity as provided in the negotiated agreement. | ||||||
19 | Adjustments shall be
made due to layoff or reduction in | ||||||
20 | force, lack of funds or work, change in
subject | ||||||
21 | requirements, enrollment changes, or contracts with third
| ||||||
22 | parties for the performance of services or to rectify
any | ||||||
23 | inconsistencies with system-wide allocation formulas or | ||||||
24 | for other
legitimate reasons.
| ||||||
25 | b. Other personnel: Funds for other teacher | ||||||
26 | certificated and
uncertificated personnel paid through |
| |||||||
| |||||||
1 | non-categorical funds shall be
provided according to | ||||||
2 | system-wide formulas based on student enrollment and
the | ||||||
3 | special needs of the school as determined by the Board.
| ||||||
4 | c. Non-compensation items: Appropriations for all | ||||||
5 | non-compensation items
shall be based on system-wide | ||||||
6 | formulas based on student enrollment and
on the special | ||||||
7 | needs of the school or factors related to the physical
| ||||||
8 | plant, including but not limited to textbooks, electronic | ||||||
9 | textbooks and the technological equipment necessary to | ||||||
10 | gain access to and use electronic textbooks, supplies, | ||||||
11 | electricity,
equipment, and routine maintenance.
| ||||||
12 | d. Funds for categorical programs: Schools shall | ||||||
13 | receive personnel
and funds based on, and shall use such | ||||||
14 | personnel and funds in accordance
with State and Federal | ||||||
15 | requirements applicable to each
categorical program
| ||||||
16 | provided to meet the special needs of the student body | ||||||
17 | (including but not
limited to, Federal Chapter I, | ||||||
18 | Bilingual, and Special Education).
| ||||||
19 | d.1. Funds for State Title I: Each school shall receive
| ||||||
20 | funds based on State and Board requirements applicable to | ||||||
21 | each State
Title I pupil provided to meet the special needs | ||||||
22 | of the student body. Each
school shall receive the | ||||||
23 | proportion of funds as provided in Section 18-8 or 18-8.15 | ||||||
24 | to
which they are entitled. These funds shall be spent only | ||||||
25 | with the
budgetary approval of the Local School Council as | ||||||
26 | provided in Section 34-2.3.
|
| |||||||
| |||||||
1 | e. The Local School Council shall have the right to | ||||||
2 | request the
principal to close positions and open new ones | ||||||
3 | consistent with the
provisions of the local school | ||||||
4 | improvement plan provided that these
decisions are | ||||||
5 | consistent with applicable law and
collective bargaining
| ||||||
6 | agreements. If a position is closed, pursuant to this | ||||||
7 | paragraph, the local
school shall have for its use the | ||||||
8 | system-wide average compensation for the
closed position.
| ||||||
9 | f. Operating within existing laws and
collective | ||||||
10 | bargaining agreements,
the local school council shall have | ||||||
11 | the right to direct the principal to
shift expenditures | ||||||
12 | within funds.
| ||||||
13 | g. (Blank).
| ||||||
14 | Any funds unexpended at the end of the fiscal year shall be | ||||||
15 | available to
the board of education for use as part of its | ||||||
16 | budget for the following
fiscal year.
| ||||||
17 | 5. To make recommendations to the principal concerning | ||||||
18 | textbook
selection and concerning curriculum developed | ||||||
19 | pursuant to the school
improvement plan which is consistent | ||||||
20 | with systemwide curriculum objectives
in accordance with | ||||||
21 | Sections 34-8 and 34-18 of the School Code and in
conformity | ||||||
22 | with the collective bargaining agreement.
| ||||||
23 | 6. To advise the principal concerning the attendance and
| ||||||
24 | disciplinary policies for the attendance center, subject to the | ||||||
25 | provisions
of this Article and Article 26, and consistent with | ||||||
26 | the uniform system of
discipline established by the board |
| |||||||
| |||||||
1 | pursuant to Section 34-19.
| ||||||
2 | 7. To approve a school improvement plan developed as | ||||||
3 | provided in Section
34-2.4. The process and schedule for plan | ||||||
4 | development shall be publicized
to the entire school community, | ||||||
5 | and the community shall be afforded the
opportunity to make | ||||||
6 | recommendations concerning the plan. At least twice a
year the | ||||||
7 | principal and
local
school council shall report publicly on
| ||||||
8 | progress and problems with respect to plan implementation.
| ||||||
9 | 8. To evaluate the allocation of teaching resources and | ||||||
10 | other
certificated and uncertificated staff to the attendance | ||||||
11 | center to determine
whether such allocation is consistent with | ||||||
12 | and in furtherance of
instructional objectives and school | ||||||
13 | programs reflective of the school
improvement plan adopted for | ||||||
14 | the attendance center; and to make
recommendations to the | ||||||
15 | board, the general superintendent
and the
principal concerning | ||||||
16 | any reallocation of teaching resources
or other staff whenever | ||||||
17 | the council determines that any such
reallocation is | ||||||
18 | appropriate because the qualifications of any existing
staff at | ||||||
19 | the attendance center do not adequately match or support
| ||||||
20 | instructional objectives or school programs which reflect the | ||||||
21 | school
improvement plan.
| ||||||
22 | 9. To make recommendations to the principal and the general | ||||||
23 | superintendent
concerning their respective appointments, after | ||||||
24 | August 31, 1989, and in the
manner provided by Section 34-8 and | ||||||
25 | Section 34-8.1,
of persons to fill any vacant, additional or | ||||||
26 | newly created
positions for teachers at the attendance center |
| |||||||
| |||||||
1 | or at attendance centers
which include the attendance center | ||||||
2 | served by the local school council.
| ||||||
3 | 10. To request of the Board the manner in which training | ||||||
4 | and
assistance shall be provided to the local school council. | ||||||
5 | Pursuant to Board
guidelines a local school council is | ||||||
6 | authorized to direct
the Board of Education to contract with | ||||||
7 | personnel or not-for-profit
organizations not associated with | ||||||
8 | the school district to train or assist
council members. If | ||||||
9 | training or assistance is provided by contract with
personnel | ||||||
10 | or organizations not associated with the school district, the
| ||||||
11 | period of training or assistance shall not exceed 30 hours | ||||||
12 | during a given
school year; person shall not be employed on a | ||||||
13 | continuous basis longer than
said period and shall not have | ||||||
14 | been employed by the Chicago Board of
Education within the | ||||||
15 | preceding six months. Council members shall receive
training in | ||||||
16 | at least the following areas:
| ||||||
17 | 1. school budgets;
| ||||||
18 | 2. educational theory pertinent to the attendance | ||||||
19 | center's particular
needs, including the development of | ||||||
20 | the school improvement plan and the
principal's | ||||||
21 | performance contract; and
| ||||||
22 | 3. personnel selection.
| ||||||
23 | Council members shall, to the greatest extent possible, | ||||||
24 | complete such
training within 90 days of election.
| ||||||
25 | 11. In accordance with systemwide guidelines contained in | ||||||
26 | the
System-Wide Educational Reform Goals and Objectives Plan, |
| |||||||
| |||||||
1 | criteria for
evaluation of performance shall be established for | ||||||
2 | local school councils
and local school council members. If a | ||||||
3 | local school council persists in
noncompliance with systemwide | ||||||
4 | requirements, the Board may impose sanctions
and take necessary | ||||||
5 | corrective action, consistent with Section 34-8.3.
| ||||||
6 | 12. Each local school council shall comply with the Open | ||||||
7 | Meetings Act and
the Freedom of Information Act. Each local | ||||||
8 | school council shall issue and
transmit to its school community | ||||||
9 | a detailed annual report accounting for
its activities | ||||||
10 | programmatically and financially. Each local school council
| ||||||
11 | shall convene at least 2 well-publicized meetings annually with | ||||||
12 | its entire
school community. These meetings shall include | ||||||
13 | presentation of the
proposed local school improvement plan, of | ||||||
14 | the proposed school expenditure
plan, and the annual report, | ||||||
15 | and shall provide an opportunity for public
comment.
| ||||||
16 | 13. Each local school council is encouraged to involve | ||||||
17 | additional
non-voting members of the school community in | ||||||
18 | facilitating the council's
exercise of its responsibilities.
| ||||||
19 | 14. The local school council may adopt a school
uniform or | ||||||
20 | dress
code policy that governs the attendance center and that | ||||||
21 | is
necessary to maintain the orderly process of a school | ||||||
22 | function or prevent
endangerment of student health or safety, | ||||||
23 | consistent with the policies and
rules of the Board of | ||||||
24 | Education.
A school uniform or dress code policy adopted
by a | ||||||
25 | local school council: (i) shall not be applied in such manner | ||||||
26 | as to
discipline or deny attendance to a transfer student or |
| |||||||
| |||||||
1 | any other student for
noncompliance with that
policy during | ||||||
2 | such period of time as is reasonably necessary to enable the
| ||||||
3 | student to acquire a school uniform or otherwise comply with | ||||||
4 | the dress code
policy that is in effect at the attendance | ||||||
5 | center into which the student's
enrollment is transferred; and | ||||||
6 | (ii) shall include criteria and procedures under
which the | ||||||
7 | local school council will accommodate the needs of or otherwise
| ||||||
8 | provide
appropriate resources to assist a student from an | ||||||
9 | indigent family in complying
with an applicable school uniform | ||||||
10 | or dress code policy.
A student whose parents or legal | ||||||
11 | guardians object on religious grounds to the
student's | ||||||
12 | compliance with an applicable school uniform or dress code | ||||||
13 | policy
shall not be required to comply with that policy if the | ||||||
14 | student's parents or
legal guardians present to the local | ||||||
15 | school council a signed statement of
objection detailing the | ||||||
16 | grounds for the objection.
| ||||||
17 | 15. All decisions made and actions taken by the local | ||||||
18 | school council in
the exercise of its powers and duties shall | ||||||
19 | comply with State and federal
laws, all applicable collective | ||||||
20 | bargaining agreements, court orders and
rules properly | ||||||
21 | promulgated by the Board.
| ||||||
22 | 15a. To grant, in accordance with board rules and policies,
| ||||||
23 | the use of assembly halls and classrooms when not otherwise | ||||||
24 | needed,
including lighting, heat, and attendants, for public | ||||||
25 | lectures, concerts, and
other educational and social | ||||||
26 | activities.
|
| |||||||
| |||||||
1 | 15b. To approve, in accordance with board rules and | ||||||
2 | policies, receipts and
expenditures for all internal accounts | ||||||
3 | of the
attendance center, and to approve all fund-raising | ||||||
4 | activities by nonschool
organizations that use the school | ||||||
5 | building.
| ||||||
6 | 16. (Blank).
| ||||||
7 | 17. Names and addresses of local school council members | ||||||
8 | shall
be a matter of public record.
| ||||||
9 | (Source: P.A. 96-1403, eff. 7-29-10.)
| ||||||
10 | (105 ILCS 5/34-8.4)
| ||||||
11 | Sec. 34-8.4. Intervention.
The Chicago Schools Academic | ||||||
12 | Accountability Council may recommend to the
Chicago School | ||||||
13 | Reform Board of Trustees that any school placed on remediation
| ||||||
14 | or probation under Section 34-8.3 or schools that for the 3 | ||||||
15 | consecutive
school years of 1992-1993, 1993-1994, and | ||||||
16 | 1994-1995 have met the State Board of
Education's category of | ||||||
17 | "does not meet expectations" be made subject to
intervention | ||||||
18 | under this Section 34-8.4. In addition to any powers created
| ||||||
19 | under this Section, the Trustees shall have all powers created | ||||||
20 | under Section
34-8.3 with respect to schools subjected to | ||||||
21 | intervention.
| ||||||
22 | Prior to subjecting a school to intervention, the Trustees | ||||||
23 | shall conduct a
public hearing and make findings of facts | ||||||
24 | concerning the recommendation of the
Chicago Schools Academic | ||||||
25 | Accountability Council and the factors causing the
failure of |
| |||||||
| |||||||
1 | the school to adequately perform. The Trustees shall afford an
| ||||||
2 | opportunity at the hearing for interested persons to comment | ||||||
3 | about the
intervention recommendation. After the hearing has | ||||||
4 | been held and completion of
findings of fact,
the Trustees | ||||||
5 | shall make a determination whether to subject the school to
| ||||||
6 | intervention.
| ||||||
7 | If the Trustees determine that a school shall be subject to | ||||||
8 | intervention
under this Section, the Trustees shall develop an | ||||||
9 | intervention implementation
plan and shall cause a performance | ||||||
10 | evaluation to be made of each employee at
the school. Upon | ||||||
11 | consideration of such evaluations, and consistent with the
| ||||||
12 | intervention implementation plan, the Trustees may reassign, | ||||||
13 | layoff, or
dismiss any employees at the attendance center, | ||||||
14 | notwithstanding the provisions
of Sections 24A-5 and 34-85.
| ||||||
15 | The chief educational officer shall appoint a principal for | ||||||
16 | the school and
shall set the terms and conditions of the | ||||||
17 | principal's contract, which in no
case may be longer than 2 | ||||||
18 | years. The principal shall select all teachers and
| ||||||
19 | non-certified personnel for the school as may be necessary. Any | ||||||
20 | provision of
Section 34-8.1 that conflicts with this Section | ||||||
21 | shall not apply to a school
subjected to intervention under | ||||||
22 | this Section.
| ||||||
23 | If pursuant to this Section, the general superintendent, | ||||||
24 | with the approval of
the board, orders new local school council | ||||||
25 | elections, the general
superintendent shall carry out the | ||||||
26 | responsibilities of the local school council
for a school |
| |||||||
| |||||||
1 | subject to intervention until the new local school council | ||||||
2 | members
are elected and trained.
| ||||||
3 | Each school year, 5% of the supplemental general State aid | ||||||
4 | or supplemental grant
funds distributed to a school subject
to | ||||||
5 | intervention during that school year under subsection | ||||||
6 | 5(i)(1)(a)
of part A of Section 18-8 , or subsection (H) of | ||||||
7 | Section 18-8.05 , or paragraph (2) of subsection (j) of Section | ||||||
8 | 18-8.15 shall be
used for employee performance incentives.
The | ||||||
9 | Trustees shall prepare a report evaluating the results of any | ||||||
10 | interventions
undertaken pursuant to this Section and shall | ||||||
11 | make recommendations concerning
implementation of special | ||||||
12 | programs for dealing with underperforming schools on
an ongoing | ||||||
13 | basis. This report shall be submitted to the State | ||||||
14 | Superintendent
of Education and Mayor of the City of Chicago by | ||||||
15 | January 1, 1999.
| ||||||
16 | (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97; | ||||||
17 | 90-548, eff. 1-1-98.)
| ||||||
18 | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| ||||||
19 | Sec. 34-18. Powers of the board. The board shall exercise | ||||||
20 | general
supervision and jurisdiction over the public education | ||||||
21 | and the public
school system of the city, and, except as | ||||||
22 | otherwise provided by this
Article, shall have power:
| ||||||
23 | 1. To make suitable provision for the establishment and | ||||||
24 | maintenance
throughout the year or for such portion thereof | ||||||
25 | as it may direct, not
less than 9 months, of schools of all |
| |||||||
| |||||||
1 | grades and kinds, including normal
schools, high schools, | ||||||
2 | night schools, schools for defectives and
delinquents, | ||||||
3 | parental and truant schools, schools for the blind, the
| ||||||
4 | deaf and persons with physical disabilities, schools or | ||||||
5 | classes in manual training,
constructural and vocational | ||||||
6 | teaching, domestic arts and physical
culture, vocation and | ||||||
7 | extension schools and lecture courses, and all
other | ||||||
8 | educational courses and facilities, including | ||||||
9 | establishing,
equipping, maintaining and operating | ||||||
10 | playgrounds and recreational
programs, when such programs | ||||||
11 | are conducted in, adjacent to, or connected
with any public | ||||||
12 | school under the general supervision and jurisdiction
of | ||||||
13 | the board; provided that the calendar for the school term | ||||||
14 | and any changes must be submitted to and approved by the | ||||||
15 | State Board of Education before the calendar or changes may | ||||||
16 | take effect, and provided that in allocating funds
from | ||||||
17 | year to year for the operation of all attendance centers | ||||||
18 | within the
district, the board shall ensure that | ||||||
19 | supplemental general State aid or supplemental grant funds
| ||||||
20 | are allocated and applied in accordance with Section 18-8 , | ||||||
21 | or 18-8.05 , or 18-8.15 . To
admit to such
schools without | ||||||
22 | charge foreign exchange students who are participants in
an | ||||||
23 | organized exchange student program which is authorized by | ||||||
24 | the board.
The board shall permit all students to enroll in | ||||||
25 | apprenticeship programs
in trade schools operated by the | ||||||
26 | board, whether those programs are
union-sponsored or not. |
| |||||||
| |||||||
1 | No student shall be refused admission into or
be excluded | ||||||
2 | from any course of instruction offered in the common | ||||||
3 | schools
by reason of that student's sex. No student shall | ||||||
4 | be denied equal
access to physical education and | ||||||
5 | interscholastic athletic programs
supported from school | ||||||
6 | district funds or denied participation in
comparable | ||||||
7 | physical education and athletic programs solely by reason | ||||||
8 | of
the student's sex. Equal access to programs supported | ||||||
9 | from school
district funds and comparable programs will be | ||||||
10 | defined in rules
promulgated by the State Board of | ||||||
11 | Education in
consultation with the Illinois High School | ||||||
12 | Association.
Notwithstanding any other provision of this | ||||||
13 | Article, neither the board
of education nor any local | ||||||
14 | school council or other school official shall
recommend | ||||||
15 | that children with disabilities be placed into regular | ||||||
16 | education
classrooms unless those children with | ||||||
17 | disabilities are provided with
supplementary services to | ||||||
18 | assist them so that they benefit from the regular
classroom | ||||||
19 | instruction and are included on the teacher's regular | ||||||
20 | education
class register;
| ||||||
21 | 2. To furnish lunches to pupils, to make a reasonable | ||||||
22 | charge
therefor, and to use school funds for the payment of | ||||||
23 | such expenses as
the board may determine are necessary in | ||||||
24 | conducting the school lunch
program;
| ||||||
25 | 3. To co-operate with the circuit court;
| ||||||
26 | 4. To make arrangements with the public or quasi-public |
| |||||||
| |||||||
1 | libraries
and museums for the use of their facilities by | ||||||
2 | teachers and pupils of
the public schools;
| ||||||
3 | 5. To employ dentists and prescribe their duties for | ||||||
4 | the purpose of
treating the pupils in the schools, but | ||||||
5 | accepting such treatment shall
be optional with parents or | ||||||
6 | guardians;
| ||||||
7 | 6. To grant the use of assembly halls and classrooms | ||||||
8 | when not
otherwise needed, including light, heat, and | ||||||
9 | attendants, for free public
lectures, concerts, and other | ||||||
10 | educational and social interests, free of
charge, under | ||||||
11 | such provisions and control as the principal of the
| ||||||
12 | affected attendance center may prescribe;
| ||||||
13 | 7. To apportion the pupils to the several schools; | ||||||
14 | provided that no pupil
shall be excluded from or segregated | ||||||
15 | in any such school on account of his
color, race, sex, or | ||||||
16 | nationality. The board shall take into consideration
the | ||||||
17 | prevention of segregation and the elimination of | ||||||
18 | separation of children
in public schools because of color, | ||||||
19 | race, sex, or nationality. Except that
children may be | ||||||
20 | committed to or attend parental and social adjustment | ||||||
21 | schools
established and maintained either for boys or girls | ||||||
22 | only. All records
pertaining to the creation, alteration or | ||||||
23 | revision of attendance areas shall
be open to the public. | ||||||
24 | Nothing herein shall limit the board's authority to
| ||||||
25 | establish multi-area attendance centers or other student | ||||||
26 | assignment systems
for desegregation purposes or |
| |||||||
| |||||||
1 | otherwise, and to apportion the pupils to the
several | ||||||
2 | schools. Furthermore, beginning in school year 1994-95, | ||||||
3 | pursuant
to a board plan adopted by October 1, 1993, the | ||||||
4 | board shall offer, commencing
on a phased-in basis, the | ||||||
5 | opportunity for families within the school
district to | ||||||
6 | apply for enrollment of their children in any attendance | ||||||
7 | center
within the school district which does not have | ||||||
8 | selective admission
requirements approved by the board. | ||||||
9 | The appropriate geographical area in
which such open | ||||||
10 | enrollment may be exercised shall be determined by the
| ||||||
11 | board of education. Such children may be admitted to any | ||||||
12 | such attendance
center on a space available basis after all | ||||||
13 | children residing within such
attendance center's area | ||||||
14 | have been accommodated. If the number of
applicants from | ||||||
15 | outside the attendance area exceed the space available,
| ||||||
16 | then successful applicants shall be selected by lottery. | ||||||
17 | The board of
education's open enrollment plan must include | ||||||
18 | provisions that allow low
income students to have access to | ||||||
19 | transportation needed to exercise school
choice. Open | ||||||
20 | enrollment shall be in compliance with the provisions of | ||||||
21 | the
Consent Decree and Desegregation Plan cited in Section | ||||||
22 | 34-1.01;
| ||||||
23 | 8. To approve programs and policies for providing | ||||||
24 | transportation
services to students. Nothing herein shall | ||||||
25 | be construed to permit or empower
the State Board of | ||||||
26 | Education to order, mandate, or require busing or other
|
| |||||||
| |||||||
1 | transportation of pupils for the purpose of achieving | ||||||
2 | racial balance in any
school;
| ||||||
3 | 9. Subject to the limitations in this Article, to | ||||||
4 | establish and
approve system-wide curriculum objectives | ||||||
5 | and standards, including graduation
standards, which | ||||||
6 | reflect the
multi-cultural diversity in the city and are | ||||||
7 | consistent with State law,
provided that for all purposes | ||||||
8 | of this Article courses or
proficiency in American Sign | ||||||
9 | Language shall be deemed to constitute courses
or | ||||||
10 | proficiency in a foreign language; and to employ principals | ||||||
11 | and teachers,
appointed as provided in this
Article, and | ||||||
12 | fix their compensation. The board shall prepare such | ||||||
13 | reports
related to minimal competency testing as may be | ||||||
14 | requested by the State
Board of Education, and in addition | ||||||
15 | shall monitor and approve special
education and bilingual | ||||||
16 | education programs and policies within the district to
| ||||||
17 | assure that appropriate services are provided in | ||||||
18 | accordance with applicable
State and federal laws to | ||||||
19 | children requiring services and education in those
areas;
| ||||||
20 | 10. To employ non-teaching personnel or utilize | ||||||
21 | volunteer personnel
for: (i) non-teaching duties not | ||||||
22 | requiring instructional judgment or
evaluation of pupils, | ||||||
23 | including library duties; and (ii) supervising study
| ||||||
24 | halls, long distance teaching reception areas used | ||||||
25 | incident to instructional
programs transmitted by | ||||||
26 | electronic media such as computers, video, and audio,
|
| |||||||
| |||||||
1 | detention and discipline areas, and school-sponsored | ||||||
2 | extracurricular
activities. The board may further utilize | ||||||
3 | volunteer non-certificated
personnel or employ | ||||||
4 | non-certificated personnel to
assist in the instruction of | ||||||
5 | pupils under the immediate supervision of a
teacher holding | ||||||
6 | a valid certificate, directly engaged in teaching
subject | ||||||
7 | matter or conducting activities; provided that the teacher
| ||||||
8 | shall be continuously aware of the non-certificated | ||||||
9 | persons' activities and
shall be able to control or modify | ||||||
10 | them. The general superintendent shall
determine | ||||||
11 | qualifications of such personnel and shall prescribe rules | ||||||
12 | for
determining the duties and activities to be assigned to | ||||||
13 | such personnel;
| ||||||
14 | 10.5. To utilize volunteer personnel from a regional | ||||||
15 | School Crisis
Assistance Team (S.C.A.T.), created as part | ||||||
16 | of the Safe to Learn Program
established pursuant to | ||||||
17 | Section 25 of the Illinois Violence Prevention Act
of 1995, | ||||||
18 | to provide assistance to schools in times of violence or | ||||||
19 | other
traumatic incidents within a school community by | ||||||
20 | providing crisis
intervention services to lessen the | ||||||
21 | effects of emotional trauma on
individuals and the | ||||||
22 | community; the School Crisis Assistance Team
Steering | ||||||
23 | Committee shall determine the qualifications for | ||||||
24 | volunteers;
| ||||||
25 | 11. To provide television studio facilities in not to | ||||||
26 | exceed one
school building and to provide programs for |
| |||||||
| |||||||
1 | educational purposes,
provided, however, that the board | ||||||
2 | shall not construct, acquire, operate,
or maintain a | ||||||
3 | television transmitter; to grant the use of its studio
| ||||||
4 | facilities to a licensed television station located in the | ||||||
5 | school
district; and to maintain and operate not to exceed | ||||||
6 | one school radio
transmitting station and provide programs | ||||||
7 | for educational purposes;
| ||||||
8 | 12. To offer, if deemed appropriate, outdoor education | ||||||
9 | courses,
including field trips within the State of | ||||||
10 | Illinois, or adjacent states,
and to use school educational | ||||||
11 | funds for the expense of the said outdoor
educational | ||||||
12 | programs, whether within the school district or not;
| ||||||
13 | 13. During that period of the calendar year not | ||||||
14 | embraced within the
regular school term, to provide and | ||||||
15 | conduct courses in subject matters
normally embraced in the | ||||||
16 | program of the schools during the regular
school term and | ||||||
17 | to give regular school credit for satisfactory
completion | ||||||
18 | by the student of such courses as may be approved for | ||||||
19 | credit
by the State Board of Education;
| ||||||
20 | 14. To insure against any loss or liability of the | ||||||
21 | board,
the former School Board Nominating Commission, | ||||||
22 | Local School Councils, the
Chicago Schools Academic | ||||||
23 | Accountability Council, or the former Subdistrict
Councils | ||||||
24 | or of any member, officer, agent or employee thereof, | ||||||
25 | resulting
from alleged violations of civil rights arising | ||||||
26 | from incidents occurring on
or after September 5, 1967 or |
| |||||||
| |||||||
1 | from the wrongful or negligent act or
omission of any such | ||||||
2 | person whether occurring within or without the school
| ||||||
3 | premises, provided the officer, agent or employee was, at | ||||||
4 | the time of the
alleged violation of civil rights or | ||||||
5 | wrongful act or omission, acting
within the scope of his | ||||||
6 | employment or under direction of the board, the
former | ||||||
7 | School
Board Nominating Commission, the Chicago Schools | ||||||
8 | Academic Accountability
Council, Local School Councils, or | ||||||
9 | the former Subdistrict Councils;
and to provide for or | ||||||
10 | participate in insurance plans for its officers and
| ||||||
11 | employees, including but not limited to retirement | ||||||
12 | annuities, medical,
surgical and hospitalization benefits | ||||||
13 | in such types and amounts as may be
determined by the | ||||||
14 | board; provided, however, that the board shall contract
for | ||||||
15 | such insurance only with an insurance company authorized to | ||||||
16 | do business
in this State. Such insurance may include | ||||||
17 | provision for employees who rely
on treatment by prayer or | ||||||
18 | spiritual means alone for healing, in accordance
with the | ||||||
19 | tenets and practice of a recognized religious | ||||||
20 | denomination;
| ||||||
21 | 15. To contract with the corporate authorities of any | ||||||
22 | municipality
or the county board of any county, as the case | ||||||
23 | may be, to provide for
the regulation of traffic in parking | ||||||
24 | areas of property used for school
purposes, in such manner | ||||||
25 | as is provided by Section 11-209 of The
Illinois Vehicle | ||||||
26 | Code, approved September 29, 1969, as amended;
|
| |||||||
| |||||||
1 | 16. (a) To provide, on an equal basis, access to a high
| ||||||
2 | school campus and student directory information to the
| ||||||
3 | official recruiting representatives of the armed forces of | ||||||
4 | Illinois and
the United States for the purposes of | ||||||
5 | informing students of the educational
and career | ||||||
6 | opportunities available in the military if the board has | ||||||
7 | provided
such access to persons or groups whose purpose is | ||||||
8 | to acquaint students with
educational or occupational | ||||||
9 | opportunities available to them. The board
is not required | ||||||
10 | to give greater notice regarding the right of access to
| ||||||
11 | recruiting representatives than is given to other persons | ||||||
12 | and groups. In
this paragraph 16, "directory information" | ||||||
13 | means a high school
student's name, address, and telephone | ||||||
14 | number.
| ||||||
15 | (b) If a student or his or her parent or guardian | ||||||
16 | submits a signed,
written request to the high school before | ||||||
17 | the end of the student's sophomore
year (or if the student | ||||||
18 | is a transfer student, by another time set by
the high | ||||||
19 | school) that indicates that the student or his or her | ||||||
20 | parent or
guardian does
not want the student's directory | ||||||
21 | information to be provided to official
recruiting | ||||||
22 | representatives under subsection (a) of this Section, the | ||||||
23 | high
school may not provide access to the student's | ||||||
24 | directory information to
these recruiting representatives. | ||||||
25 | The high school shall notify its
students and their parents | ||||||
26 | or guardians of the provisions of this
subsection (b).
|
| |||||||
| |||||||
1 | (c) A high school may require official recruiting | ||||||
2 | representatives of
the armed forces of Illinois and the | ||||||
3 | United States to pay a fee for copying
and mailing a | ||||||
4 | student's directory information in an amount that is not
| ||||||
5 | more than the actual costs incurred by the high school.
| ||||||
6 | (d) Information received by an official recruiting | ||||||
7 | representative
under this Section may be used only to | ||||||
8 | provide information to students
concerning educational and | ||||||
9 | career opportunities available in the military
and may not | ||||||
10 | be released to a person who is not involved in recruiting
| ||||||
11 | students for the armed forces of Illinois or the United | ||||||
12 | States;
| ||||||
13 | 17. (a) To sell or market any computer program | ||||||
14 | developed by an employee
of the school district, provided | ||||||
15 | that such employee developed the computer
program as a | ||||||
16 | direct result of his or her duties with the school district
| ||||||
17 | or through the utilization of the school district resources | ||||||
18 | or facilities.
The employee who developed the computer | ||||||
19 | program shall be entitled to share
in the proceeds of such | ||||||
20 | sale or marketing of the computer program. The
distribution | ||||||
21 | of such proceeds between the employee and the school | ||||||
22 | district
shall be as agreed upon by the employee and the | ||||||
23 | school district, except
that neither the employee nor the | ||||||
24 | school district may receive more than 90%
of such proceeds. | ||||||
25 | The negotiation for an employee who is represented by an
| ||||||
26 | exclusive bargaining representative may be conducted by |
| |||||||
| |||||||
1 | such bargaining
representative at the employee's request.
| ||||||
2 | (b) For the purpose of this paragraph 17:
| ||||||
3 | (1) "Computer" means an internally programmed, | ||||||
4 | general purpose digital
device capable of | ||||||
5 | automatically accepting data, processing data and | ||||||
6 | supplying
the results of the operation.
| ||||||
7 | (2) "Computer program" means a series of coded | ||||||
8 | instructions or
statements in a form acceptable to a | ||||||
9 | computer, which causes the computer to
process data in | ||||||
10 | order to achieve a certain result.
| ||||||
11 | (3) "Proceeds" means profits derived from | ||||||
12 | marketing or sale of a product
after deducting the | ||||||
13 | expenses of developing and marketing such product;
| ||||||
14 | 18. To delegate to the general superintendent of
| ||||||
15 | schools, by resolution, the authority to approve contracts | ||||||
16 | and expenditures
in amounts of $10,000 or less;
| ||||||
17 | 19. Upon the written request of an employee, to | ||||||
18 | withhold from
the compensation of that employee any dues, | ||||||
19 | payments or contributions
payable by such employee to any | ||||||
20 | labor organization as defined in the
Illinois Educational | ||||||
21 | Labor Relations Act. Under such arrangement, an
amount | ||||||
22 | shall be withheld from each regular payroll period which is | ||||||
23 | equal to
the pro rata share of the annual dues plus any | ||||||
24 | payments or contributions,
and the board shall transmit | ||||||
25 | such withholdings to the specified labor
organization | ||||||
26 | within 10 working days from the time of the withholding;
|
| |||||||
| |||||||
1 | 19a. Upon receipt of notice from the comptroller of a | ||||||
2 | municipality with
a population of 500,000 or more, a county | ||||||
3 | with a population of 3,000,000 or
more, the Cook County | ||||||
4 | Forest Preserve District, the Chicago Park District, the
| ||||||
5 | Metropolitan Water Reclamation District, the Chicago | ||||||
6 | Transit Authority, or
a housing authority of a municipality | ||||||
7 | with a population of 500,000 or more
that a debt is due and | ||||||
8 | owing the municipality, the county, the Cook County
Forest | ||||||
9 | Preserve District, the Chicago Park District, the | ||||||
10 | Metropolitan Water
Reclamation District, the Chicago | ||||||
11 | Transit Authority, or the housing authority
by an employee | ||||||
12 | of the Chicago Board of Education, to withhold, from the
| ||||||
13 | compensation of that employee, the amount of the debt that | ||||||
14 | is due and owing
and pay the amount withheld to the | ||||||
15 | municipality, the county, the Cook County
Forest Preserve | ||||||
16 | District, the Chicago Park District, the Metropolitan | ||||||
17 | Water
Reclamation District, the Chicago Transit Authority, | ||||||
18 | or the housing authority;
provided, however, that the | ||||||
19 | amount
deducted from any one salary or wage payment shall | ||||||
20 | not exceed 25% of the net
amount of the payment. Before the | ||||||
21 | Board deducts any amount from any salary or
wage of an | ||||||
22 | employee under this paragraph, the municipality, the | ||||||
23 | county, the
Cook County Forest Preserve District, the | ||||||
24 | Chicago Park District, the
Metropolitan Water Reclamation | ||||||
25 | District, the Chicago Transit Authority, or the
housing | ||||||
26 | authority shall certify that (i) the employee has been |
| |||||||
| |||||||
1 | afforded an
opportunity for a hearing to dispute the debt | ||||||
2 | that is due and owing the
municipality, the county, the | ||||||
3 | Cook County Forest Preserve District, the Chicago
Park | ||||||
4 | District, the Metropolitan Water Reclamation District, the | ||||||
5 | Chicago Transit
Authority, or the housing authority and | ||||||
6 | (ii) the employee has received notice
of a wage deduction | ||||||
7 | order and has been afforded an opportunity for a hearing to
| ||||||
8 | object to the order. For purposes of this paragraph, "net | ||||||
9 | amount" means that
part of the salary or wage payment | ||||||
10 | remaining after the deduction of any amounts
required by | ||||||
11 | law to be deducted and "debt due and owing" means (i) a | ||||||
12 | specified
sum of money owed to the municipality, the | ||||||
13 | county, the Cook County Forest
Preserve District, the | ||||||
14 | Chicago Park District, the Metropolitan Water
Reclamation | ||||||
15 | District, the Chicago Transit Authority, or the housing | ||||||
16 | authority
for services, work, or goods, after the period | ||||||
17 | granted for payment has expired,
or (ii) a specified sum of | ||||||
18 | money owed to the municipality, the county, the Cook
County | ||||||
19 | Forest Preserve District, the Chicago Park District, the | ||||||
20 | Metropolitan
Water Reclamation District, the Chicago | ||||||
21 | Transit Authority, or the housing
authority pursuant to a | ||||||
22 | court order or order of an administrative hearing
officer | ||||||
23 | after the exhaustion of, or the failure to exhaust, | ||||||
24 | judicial review;
| ||||||
25 | 20. The board is encouraged to employ a sufficient | ||||||
26 | number of
certified school counselors to maintain a |
| |||||||
| |||||||
1 | student/counselor ratio of 250 to
1 by July 1, 1990. Each | ||||||
2 | counselor shall spend at least 75% of his work
time in | ||||||
3 | direct contact with students and shall maintain a record of | ||||||
4 | such time;
| ||||||
5 | 21. To make available to students vocational and career
| ||||||
6 | counseling and to establish 5 special career counseling | ||||||
7 | days for students
and parents. On these days | ||||||
8 | representatives of local businesses and
industries shall | ||||||
9 | be invited to the school campus and shall inform students
| ||||||
10 | of career opportunities available to them in the various | ||||||
11 | businesses and
industries. Special consideration shall be | ||||||
12 | given to counseling minority
students as to career | ||||||
13 | opportunities available to them in various fields.
For the | ||||||
14 | purposes of this paragraph, minority student means a person | ||||||
15 | who is any of the following:
| ||||||
16 | (a) American Indian or Alaska Native (a person having | ||||||
17 | origins in any of the original peoples of North and South | ||||||
18 | America, including Central America, and who maintains | ||||||
19 | tribal affiliation or community attachment). | ||||||
20 | (b) Asian (a person having origins in any of the | ||||||
21 | original peoples of the Far East, Southeast Asia, or the | ||||||
22 | Indian subcontinent, including, but not limited to, | ||||||
23 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
24 | the Philippine Islands, Thailand, and Vietnam). | ||||||
25 | (c) Black or African American (a person having origins | ||||||
26 | in any of the black racial groups of Africa). Terms such as |
| |||||||
| |||||||
1 | "Haitian" or "Negro" can be used in addition to "Black or | ||||||
2 | African American". | ||||||
3 | (d) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
4 | Puerto Rican, South or Central American, or other Spanish | ||||||
5 | culture or origin, regardless of race). | ||||||
6 | (e) Native Hawaiian or Other Pacific Islander (a person | ||||||
7 | having origins in any of the original peoples of Hawaii, | ||||||
8 | Guam, Samoa, or other Pacific Islands).
| ||||||
9 | Counseling days shall not be in lieu of regular school | ||||||
10 | days;
| ||||||
11 | 22. To report to the State Board of Education the | ||||||
12 | annual
student dropout rate and number of students who | ||||||
13 | graduate from, transfer
from or otherwise leave bilingual | ||||||
14 | programs;
| ||||||
15 | 23. Except as otherwise provided in the Abused and | ||||||
16 | Neglected Child
Reporting Act or other applicable State or | ||||||
17 | federal law, to permit school
officials to withhold, from | ||||||
18 | any person, information on the whereabouts of
any child | ||||||
19 | removed from school premises when the child has been taken | ||||||
20 | into
protective custody as a victim of suspected child | ||||||
21 | abuse. School officials
shall direct such person to the | ||||||
22 | Department of Children and Family Services,
or to the local | ||||||
23 | law enforcement agency if appropriate;
| ||||||
24 | 24. To develop a policy, based on the current state of | ||||||
25 | existing school
facilities, projected enrollment and | ||||||
26 | efficient utilization of available
resources, for capital |
| |||||||
| |||||||
1 | improvement of schools and school buildings within
the | ||||||
2 | district, addressing in that policy both the relative | ||||||
3 | priority for
major repairs, renovations and additions to | ||||||
4 | school facilities, and the
advisability or necessity of | ||||||
5 | building new school facilities or closing
existing schools | ||||||
6 | to meet current or projected demographic patterns within
| ||||||
7 | the district;
| ||||||
8 | 25. To make available to the students in every high | ||||||
9 | school attendance
center the ability to take all courses | ||||||
10 | necessary to comply with the Board
of Higher Education's | ||||||
11 | college entrance criteria effective in 1993;
| ||||||
12 | 26. To encourage mid-career changes into the teaching | ||||||
13 | profession,
whereby qualified professionals become | ||||||
14 | certified teachers, by allowing
credit for professional | ||||||
15 | employment in related fields when determining point
of | ||||||
16 | entry on teacher pay scale;
| ||||||
17 | 27. To provide or contract out training programs for | ||||||
18 | administrative
personnel and principals with revised or | ||||||
19 | expanded duties pursuant to this
Act in order to assure | ||||||
20 | they have the knowledge and skills to perform
their duties;
| ||||||
21 | 28. To establish a fund for the prioritized special | ||||||
22 | needs programs, and
to allocate such funds and other lump | ||||||
23 | sum amounts to each attendance center
in a manner | ||||||
24 | consistent with the provisions of part 4 of Section 34-2.3.
| ||||||
25 | Nothing in this paragraph shall be construed to require any | ||||||
26 | additional
appropriations of State funds for this purpose;
|
| |||||||
| |||||||
1 | 29. (Blank);
| ||||||
2 | 30. Notwithstanding any other provision of this Act or | ||||||
3 | any other law to
the contrary, to contract with third | ||||||
4 | parties for services otherwise performed
by employees, | ||||||
5 | including those in a bargaining unit, and to layoff those
| ||||||
6 | employees upon 14 days written notice to the affected | ||||||
7 | employees. Those
contracts may be for a period not to | ||||||
8 | exceed 5 years and may be awarded on a
system-wide basis. | ||||||
9 | The board may not operate more than 30 contract schools, | ||||||
10 | provided that the board may operate an additional 5 | ||||||
11 | contract turnaround schools pursuant to item (5.5) of | ||||||
12 | subsection (d) of Section 34-8.3 of this Code;
| ||||||
13 | 31. To promulgate rules establishing procedures | ||||||
14 | governing the layoff or
reduction in force of employees and | ||||||
15 | the recall of such employees, including,
but not limited | ||||||
16 | to, criteria for such layoffs, reductions in force or | ||||||
17 | recall
rights of such employees and the weight to be given | ||||||
18 | to any particular
criterion. Such criteria shall take into | ||||||
19 | account factors including, but not be
limited to, | ||||||
20 | qualifications, certifications, experience, performance | ||||||
21 | ratings or
evaluations, and any other factors relating to | ||||||
22 | an employee's job performance;
| ||||||
23 | 32. To develop a policy to prevent nepotism in the | ||||||
24 | hiring of personnel
or the selection of contractors;
| ||||||
25 | 33. To enter into a partnership agreement, as required | ||||||
26 | by
Section 34-3.5 of this Code, and, notwithstanding any |
| |||||||
| |||||||
1 | other
provision of law to the contrary, to promulgate | ||||||
2 | policies, enter into
contracts, and take any other action | ||||||
3 | necessary to accomplish the
objectives and implement the | ||||||
4 | requirements of that agreement; and
| ||||||
5 | 34. To establish a Labor Management Council to the | ||||||
6 | board
comprised of representatives of the board, the chief | ||||||
7 | executive
officer, and those labor organizations that are | ||||||
8 | the exclusive
representatives of employees of the board and | ||||||
9 | to promulgate
policies and procedures for the operation of | ||||||
10 | the Council.
| ||||||
11 | The specifications of the powers herein granted are not to | ||||||
12 | be
construed as exclusive but the board shall also exercise all | ||||||
13 | other
powers that they may be requisite or proper for the | ||||||
14 | maintenance and the
development of a public school system, not | ||||||
15 | inconsistent with the other
provisions of this Article or | ||||||
16 | provisions of this Code which apply to all
school districts.
| ||||||
17 | In addition to the powers herein granted and authorized to | ||||||
18 | be exercised
by the board, it shall be the duty of the board to | ||||||
19 | review or to direct
independent reviews of special education | ||||||
20 | expenditures and services.
The board shall file a report of | ||||||
21 | such review with the General Assembly on
or before May 1, 1990.
| ||||||
22 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
23 | (105 ILCS 5/34-18.30)
| ||||||
24 | Sec. 34-18.30. Dependents of military personnel; no | ||||||
25 | tuition charge. If, at the time of enrollment, a dependent of |
| |||||||
| |||||||
1 | United States military personnel is housed in temporary housing | ||||||
2 | located outside of the school district, but will be living | ||||||
3 | within the district within 60 days after the time of initial | ||||||
4 | enrollment, the dependent must be allowed to enroll, subject to | ||||||
5 | the requirements of this Section, and must not be charged | ||||||
6 | tuition. Any United States military personnel attempting to | ||||||
7 | enroll a dependent under this Section shall provide proof that | ||||||
8 | the dependent will be living within the district within 60 days | ||||||
9 | after the time of initial enrollment. Proof of residency may | ||||||
10 | include, but is not limited to, postmarked mail addressed to | ||||||
11 | the military personnel and sent to an address located within | ||||||
12 | the district, a lease agreement for occupancy of a residence | ||||||
13 | located within the district, or proof of ownership of a | ||||||
14 | residence located within the district. Non-resident dependents | ||||||
15 | of United States military personnel attending school on a | ||||||
16 | tuition-free basis may be counted for the purposes
of | ||||||
17 | determining the apportionment of State aid provided under | ||||||
18 | Section 18-8.05 or 18-8.15 of this Code.
| ||||||
19 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
20 | (105 ILCS 5/34-43.1) (from Ch. 122, par. 34-43.1)
| ||||||
21 | Sec. 34-43.1. (A) Limitation of noninstructional costs. It | ||||||
22 | is the
purpose of this Section to establish for the Board of | ||||||
23 | Education and the
general superintendent of schools | ||||||
24 | requirements and standards which maximize
the proportion of | ||||||
25 | school district resources in direct support of
educational, |
| |||||||
| |||||||
1 | program, and building maintenance and safety services for the
| ||||||
2 | pupils of the district, and which correspondingly minimize the | ||||||
3 | amount and
proportion of such resources associated with | ||||||
4 | centralized administration,
administrative support services, | ||||||
5 | and other noninstructional services.
| ||||||
6 | For the 1989-90 school year and for all subsequent school | ||||||
7 | years, the Board
of Education shall undertake budgetary and | ||||||
8 | expenditure control actions which
limit the administrative | ||||||
9 | expenditures of the Board of Education to levels,
as provided | ||||||
10 | for in this Section, which represent an average of the
| ||||||
11 | administrative expenses of all school districts in this State | ||||||
12 | not subject
to Article 34.
| ||||||
13 | (B) Certification of expenses by the State Superintendent | ||||||
14 | of Education.
The State Superintendent of Education shall | ||||||
15 | annually certify, on or before
May 1, to the Board of Education | ||||||
16 | and the School Finance Authority, for the
applicable school | ||||||
17 | year, the following information:
| ||||||
18 | (1) the annual expenditures of all school districts of | ||||||
19 | the State not
subject to Article 34 properly attributable | ||||||
20 | to expenditure functions
defined by the rules and | ||||||
21 | regulations of the State Board of Education as:
2210 | ||||||
22 | (Improvement of Instructional Services); 2300 (Support | ||||||
23 | Services -
General Administration) excluding, however, | ||||||
24 | 2320 (Executive Administrative
Services); 2490 (Other | ||||||
25 | Support Services - School Administration); 2500
(Support | ||||||
26 | Services - Business); 2600 (Support Services - Central);
|
| |||||||
| |||||||
1 | (2) the total annual expenditures of all school | ||||||
2 | districts not subject to
Article 34 attributable to the | ||||||
3 | Education Fund, the Operations, Building and
Maintenance | ||||||
4 | Fund, the Transportation Fund and the Illinois Municipal
| ||||||
5 | Retirement Fund of the several districts, as defined by the | ||||||
6 | rules and
regulations of the State Board of Education; and
| ||||||
7 | (3) a ratio, to be called the statewide average of | ||||||
8 | administrative
expenditures, derived by dividing the | ||||||
9 | expenditures certified pursuant to
paragraph (B)(1) by the | ||||||
10 | expenditures certified pursuant to paragraph (B)(2).
| ||||||
11 | For purposes of the annual certification of expenditures | ||||||
12 | and ratios
required by this Section, the "applicable year" of | ||||||
13 | certification shall
initially be the 1986-87 school year and, | ||||||
14 | in sequent years, each
succeeding school year.
| ||||||
15 | The State Superintendent of Education shall consult with | ||||||
16 | the Board of
Education to ascertain whether particular | ||||||
17 | expenditure items allocable to
the administrative functions | ||||||
18 | enumerated in paragraph (B)(1) are
appropriately or | ||||||
19 | necessarily higher in the applicable school district than
in | ||||||
20 | the rest of the State due to noncomparable factors. The State
| ||||||
21 | Superintendent shall also review the relevant cost proportions | ||||||
22 | in other
large urban school districts. The State Superintendent | ||||||
23 | shall also review
the expenditure categories in paragraph | ||||||
24 | (B)(1) to ascertain whether they
contain school-level | ||||||
25 | expenses. If he or she finds that adjustments to the
formula | ||||||
26 | are appropriate or necessary to establish a more fair and
|
| |||||||
| |||||||
1 | comparable standard for administrative cost for the Board of | ||||||
2 | Education or
to exclude school-level expenses, the State | ||||||
3 | Superintendent shall recommend
to the School Finance Authority | ||||||
4 | rules and regulations adjusting particular
subcategories in | ||||||
5 | this subsection (B) or adjusting certain costs in
determining | ||||||
6 | the budget and expenditure items properly attributable to the
| ||||||
7 | functions or otherwise adjust the formula.
| ||||||
8 | (C) Administrative expenditure limitations. The annual | ||||||
9 | budget of the
Board of Education, as adopted and implemented, | ||||||
10 | and the
related annual expenditures for the school year, shall | ||||||
11 | reflect a limitation
on administrative outlays as required by | ||||||
12 | the following provisions, taking
into account any adjustments | ||||||
13 | established by the State Superintendent of
Education: (1) the | ||||||
14 | budget and expenditures of the Board of Education for
the | ||||||
15 | 1989-90 school year shall reflect a ratio of administrative
| ||||||
16 | expenditures to total expenditures equal to or less than the | ||||||
17 | statewide
average of administrative expenditures for the | ||||||
18 | 1986-87 school year as
certified by the State Superintendent of | ||||||
19 | Education pursuant to paragraph
(B)(3); (2) for the 1990-91 | ||||||
20 | school year and for all subsequent school
years, the budget and | ||||||
21 | expenditures of the Board of Education shall reflect
a ratio of | ||||||
22 | administrative expenditures to total expenditures equal to or
| ||||||
23 | less than the statewide average of administrative expenditures | ||||||
24 | certified by
the State Superintendent of Education for the | ||||||
25 | applicable year pursuant to
paragraph (B)(3); (3) if for any | ||||||
26 | school year the budget of the Board of
Education reflects a |
| |||||||
| |||||||
1 | ratio of administrative expenditures to total
expenditures | ||||||
2 | which exceeds the applicable statewide average, the Board of
| ||||||
3 | Education shall reduce expenditure items allocable to the | ||||||
4 | administrative
functions enumerated in paragraph (B)(1) such | ||||||
5 | that the Board of Education's
ratio of administrative | ||||||
6 | expenditures to total expenditures is equal to or
less than the | ||||||
7 | applicable statewide average ratio.
| ||||||
8 | For purposes of this Section, the ratio of administrative | ||||||
9 | expenditures to
the total expenditures of the Board of | ||||||
10 | Education, as applied to the budget
of the Board of Education, | ||||||
11 | shall mean: the budgeted expenditure items of
the Board of | ||||||
12 | Education properly attributable to the expenditure functions
| ||||||
13 | identified in paragraph (B)(1) divided by the total budgeted | ||||||
14 | expenditures of
the Board of Education properly attributable to | ||||||
15 | the Board of Education
funds corresponding to those funds | ||||||
16 | identified in paragraph (B)(2),
exclusive of any monies | ||||||
17 | budgeted for payment to the Public School Teachers'
Pension and | ||||||
18 | Retirement System, attributable to payments due from the
| ||||||
19 | General Funds of the State of Illinois.
| ||||||
20 | The annual expenditure of the Board of Education for 2320
| ||||||
21 | (Executive Administrative Services) for the 1989-90 school | ||||||
22 | year shall be no
greater than the 2320 expenditure for the | ||||||
23 | 1988-89 school year. The annual
expenditure of the Board of | ||||||
24 | Education for 2320 for the 1990-91 school year
and each | ||||||
25 | subsequent school year shall be no greater than the 2320
| ||||||
26 | expenditure for the immediately preceding school year or the |
| |||||||
| |||||||
1 | 1988-89 school
year, whichever is less. This annual expenditure | ||||||
2 | limitation may be
adjusted in each year in an amount not to | ||||||
3 | exceed any change effective
during the applicable school year | ||||||
4 | in salary to be paid under the collective
bargaining agreement | ||||||
5 | with instructional personnel to which the Board is a
party and | ||||||
6 | in benefit costs either required by law or such collective
| ||||||
7 | bargaining agreement.
| ||||||
8 | (D) Cost control measures. In undertaking actions to | ||||||
9 | control or reduce
expenditure items necessitated by the | ||||||
10 | administrative expenditure
limitations of this Section, the | ||||||
11 | Board of Education shall give priority
consideration to | ||||||
12 | reductions or cost controls with the least effect upon
direct | ||||||
13 | services to students or instructional services for pupils, and | ||||||
14 | upon
the safety and well-being of pupils, and, as applicable, | ||||||
15 | with the
particular costs or functions to which the Board of | ||||||
16 | Education is higher
than the statewide average.
| ||||||
17 | For purposes of assuring that the cost control priorities | ||||||
18 | of this
subsection (D) are met, the State Superintendent of | ||||||
19 | Education shall, with
the assistance of the Board of Education, | ||||||
20 | review the cost allocation
practices of the Board of Education, | ||||||
21 | and the State Superintendent of
Education shall thereafter | ||||||
22 | recommend to the School Finance Authority rules
and regulations | ||||||
23 | which define administrative areas which most impact upon
the | ||||||
24 | direct and instructional needs of students and upon the safety | ||||||
25 | and
well-being of the pupils of the district. No position | ||||||
26 | closed shall be
reopened using State or federal categorical |
| |||||||
| |||||||
1 | funds.
| ||||||
2 | (E) Report of Audited Information. For the 1988-89 school | ||||||
3 | year and for
all subsequent school years, the Board of | ||||||
4 | Education shall file with the
State Board of Education the | ||||||
5 | Annual Financial Report and its audit, as
required by the rules | ||||||
6 | of the State Board of Education. Such reports shall
be filed no | ||||||
7 | later than February 15 following the end of the school year of
| ||||||
8 | the Board of Education, beginning with the report to be filed | ||||||
9 | no later
than February 15, 1990 for the 1988-89 school year.
| ||||||
10 | As part of the required Annual Financial Report, the Board | ||||||
11 | of Education
shall provide a detailed accounting of the central | ||||||
12 | level, district, bureau
and department costs and personnel | ||||||
13 | included within expenditure functions
included in paragraph | ||||||
14 | (B)(1). The nature and detail of the reporting
required for | ||||||
15 | these functions shall be prescribed by the State Board of
| ||||||
16 | Education in rules and regulations. A copy of this detailed | ||||||
17 | accounting
shall also be provided annually to the School | ||||||
18 | Finance Authority and the
public. This report shall contain a | ||||||
19 | reconciliation to the board of
education's adopted budget for | ||||||
20 | that fiscal year, specifically delineating
administrative | ||||||
21 | functions.
| ||||||
22 | If the information required under this Section is not | ||||||
23 | provided by the
Board of Education in a timely manner, or is | ||||||
24 | initially or subsequently
determined by the State | ||||||
25 | Superintendent of Education to be incomplete or
inaccurate, the | ||||||
26 | State Superintendent shall, in writing, notify the Board
of |
| |||||||
| |||||||
1 | Education of reporting deficiencies. The Board of Education | ||||||
2 | shall,
within 60 days of such notice, address the reporting | ||||||
3 | deficiencies
identified. If the State Superintendent of | ||||||
4 | Education does not receive
satisfactory response to these | ||||||
5 | reporting deficiencies within 60 days, the
next payment of | ||||||
6 | general State aid or primary State aid due the Board of | ||||||
7 | Education under Section
18-8 or Section 18-8.15, as applicable , | ||||||
8 | and all subsequent payments, shall be withheld by the State
| ||||||
9 | Superintendent of Education until the enumerated deficiencies | ||||||
10 | have
been addressed.
| ||||||
11 | Utilizing the Annual Financial Report, the State | ||||||
12 | Superintendent of
Education shall certify on or before May 1 to | ||||||
13 | the School Finance Authority
the Board of Education's ratio of | ||||||
14 | administrative expenditures to total
expenditures for the | ||||||
15 | 1988-89 school year and for each succeeding school
year. Such | ||||||
16 | certification shall indicate the extent to which the
| ||||||
17 | administrative expenditure ratio of the Board of Education | ||||||
18 | conformed to the
limitations required in subsection (C) of this | ||||||
19 | Section, taking into account
any adjustments of the limitations | ||||||
20 | which may have been recommended by the
State Superintendent of | ||||||
21 | Education to the School Finance Authority. In
deriving the | ||||||
22 | administrative expenditure ratio of the Chicago Board of
| ||||||
23 | Education, the State Superintendent of Education shall utilize | ||||||
24 | the
definition of this ratio prescribed in subsection (C) of | ||||||
25 | this Section,
except that the actual expenditures of the Board | ||||||
26 | of Education shall be
substituted for budgeted expenditure |
| |||||||
| |||||||
1 | items.
| ||||||
2 | (F) Approval and adjustments to administrative expenditure | ||||||
3 | limitations.
The School Finance Authority organized under | ||||||
4 | Article 34A shall monitor the
Board of Education's adherence to | ||||||
5 | the requirements of this Section. As
part of its responsibility | ||||||
6 | the School Finance Authority shall determine
whether the Board | ||||||
7 | of Education's budget for the next school year, and the
| ||||||
8 | expenditures for a prior school year, comply with the | ||||||
9 | limitation of
administrative expenditures required by this | ||||||
10 | Section. The Board of
Education and the State Board of | ||||||
11 | Education shall provide such information
as is required by the | ||||||
12 | School Finance Authority in order for the Authority
to | ||||||
13 | determine compliance with the provisions of this Section. If | ||||||
14 | the
Authority determines that the budget proposed by the Board | ||||||
15 | of Education
does not meet the cost control requirements of | ||||||
16 | this Section, the Board of
Education shall undertake budgetary | ||||||
17 | reductions, consistent with the
requirements of this Section, | ||||||
18 | to bring the proposed budget into compliance
with such cost | ||||||
19 | control limitations.
| ||||||
20 | If, in formulating cost control and cost reduction | ||||||
21 | alternatives, the
Board of Education believes that meeting the | ||||||
22 | cost control requirements of
this Section related to the budget | ||||||
23 | for the ensuing year would impair the
education, safety, or | ||||||
24 | well-being of the pupils of the school district, the
Board of | ||||||
25 | Education may request that the School Finance Authority make
| ||||||
26 | adjustments to the limitations required by this Section. The |
| |||||||
| |||||||
1 | Board of
Education shall specify the amount, nature, and | ||||||
2 | reasons for the relief
required and shall also identify cost | ||||||
3 | reductions which can be made in
expenditure functions not | ||||||
4 | enumerated in paragraph (B)(1), which would serve
the purposes | ||||||
5 | of this Section.
| ||||||
6 | The School Finance Authority shall consult with the State | ||||||
7 | Superintendent
of Education concerning the reasonableness from | ||||||
8 | an educational
administration perspective of the adjustments | ||||||
9 | sought by the Board of
Education. The School Finance Authority | ||||||
10 | shall provide an opportunity for
the public to comment upon the | ||||||
11 | reasonableness of the Board's request. If,
after such | ||||||
12 | consultation, the School Finance Authority determines that all
| ||||||
13 | or a portion of the adjustments sought by the Board of | ||||||
14 | Education are
reasonably appropriate or necessary, the | ||||||
15 | Authority may grant such relief
from the provisions of this | ||||||
16 | Section which the Authority deems appropriate.
Adjustments so | ||||||
17 | granted apply only to the specific school year for which
the | ||||||
18 | request was made.
| ||||||
19 | In the event that the School Finance Authority determines | ||||||
20 | that the Board
of Education has failed to achieve the required | ||||||
21 | administrative expenditure
limitations for a prior school | ||||||
22 | year, or if the Authority determines that
the Board of | ||||||
23 | Education has not met the requirements of subsection (F), the
| ||||||
24 | Authority shall make recommendations to the Board of Education | ||||||
25 | concerning
appropriate corrective actions. If the Board of | ||||||
26 | Education fails to
provide adequate assurance to the Authority |
| |||||||
| |||||||
1 | that appropriate corrective
actions have been or will be taken, | ||||||
2 | the Authority may, within 60 days
thereafter, require the board | ||||||
3 | to adjust its current budget to correct for
the prior year's | ||||||
4 | shortage or may recommend to the members of the General
| ||||||
5 | Assembly and the Governor such sanctions or remedial actions as | ||||||
6 | will serve
to deter any further such failures on the part of | ||||||
7 | the Board of Education.
| ||||||
8 | To assist the Authority in its monitoring | ||||||
9 | responsibilities, the Board of
Education shall provide such | ||||||
10 | reports and information as are from time to
time required by | ||||||
11 | the Authority.
| ||||||
12 | (G) Independent reviews of administrative expenditures. | ||||||
13 | The School
Finance Authority may direct independent reviews of | ||||||
14 | the administrative and
administrative support expenditures and | ||||||
15 | services and other
non-instructional expenditure functions of | ||||||
16 | the Board of Education. The
Board of Education shall afford | ||||||
17 | full cooperation to the School Finance
Authority in such review | ||||||
18 | activity. The purpose of such reviews shall be
to verify | ||||||
19 | specific targets for improved operating efficiencies of the | ||||||
20 | Board
of Education, to identify other areas of potential | ||||||
21 | efficiencies, and to
assure full and proper compliance by the | ||||||
22 | Board of Education with all
requirements of this Section.
| ||||||
23 | In the conduct of reviews under this subsection, the | ||||||
24 | Authority may
request the assistance and consultation of the | ||||||
25 | State Superintendent of
Education with regard to questions of | ||||||
26 | efficiency and effectiveness in
educational administration.
|
| |||||||
| |||||||
1 | (H) Reports to Governor and General Assembly. On or before | ||||||
2 | May 1, 1991
and no less frequently than yearly thereafter, the | ||||||
3 | School Finance Authority
shall provide to the Governor, the | ||||||
4 | State Board of Education, and the
members of the General | ||||||
5 | Assembly an annual report, as outlined in Section
34A-606, | ||||||
6 | which includes the following information: (1) documenting the
| ||||||
7 | compliance or non-compliance of the Board of Education with the
| ||||||
8 | requirements of this Section; (2) summarizing the costs, | ||||||
9 | findings, and
recommendations of any reviews directed by the | ||||||
10 | School Finance Authority,
and the response to such | ||||||
11 | recommendations made by the Board of Education;
and (3) | ||||||
12 | recommending sanctions or legislation necessary to fulfill the
| ||||||
13 | intent of this Section.
| ||||||
14 | (Source: P.A. 86-124; 86-1477.)
| ||||||
15 | (105 ILCS 5/34-53) (from Ch. 122, par. 34-53)
| ||||||
16 | Sec. 34-53. Tax levies; Purpose; Rates. For the purpose of
| ||||||
17 | establishing and supporting free schools for not fewer than 9 | ||||||
18 | months in
each year and defraying their expenses the board may | ||||||
19 | levy annually, upon all taxable
property of such district for | ||||||
20 | educational purposes a tax for
the fiscal years 1996 and each | ||||||
21 | succeeding fiscal year at a rate of not to exceed the sum of | ||||||
22 | (i) 2.81% 3.07% (or such other rate as may be set
by law
| ||||||
23 | independent of the rate difference described in (ii) below) and | ||||||
24 | (ii) the
difference between .50% and the rate per cent of taxes | ||||||
25 | extended for a
School Finance Authority organized under Article |
| |||||||
| |||||||
1 | 34A of the School Code,
for the calendar year in which the | ||||||
2 | applicable fiscal year of the board
begins as determined by the | ||||||
3 | county clerk and certified to the board
pursuant to Section | ||||||
4 | 18-110 of the Property Tax Code, of the value as
equalized or | ||||||
5 | assessed by the Department of Revenue for the year in which
| ||||||
6 | such levy is made.
| ||||||
7 | For fiscal year 2017 and each succeeding fiscal year, for | ||||||
8 | the purpose of
making an employer contribution to the Public | ||||||
9 | School Teachers' Pension and Retirement Fund of Chicago, the | ||||||
10 | board shall levy annually, upon all taxable
property located | ||||||
11 | within the district, a tax at the rate of 0.26%. The proceeds | ||||||
12 | from this additional tax shall be paid directly to the Pension | ||||||
13 | Fund. The changes made to this Section by this amendatory Act | ||||||
14 | of the 99th General Assembly: (1) do not authorize an increase | ||||||
15 | in the district's maximum aggregate extension or limiting rate | ||||||
16 | under the Property Tax Extension Limitation Law; and (2) | ||||||
17 | constitute a continuation of the existing total maximum rate | ||||||
18 | under this Section and are not a new rate for the purposes of | ||||||
19 | the Property Tax Extension Limitation Law. | ||||||
20 | Nothing in this amendatory Act of 1995
shall in
any way | ||||||
21 | impair or restrict the levy or extension of taxes pursuant to | ||||||
22 | any
tax levies for any purposes of the board lawfully made | ||||||
23 | prior to the
adoption of this amendatory Act of 1995.
| ||||||
24 | Notwithstanding any other provision of this Code and in
| ||||||
25 | addition to any other methods provided for increasing the tax | ||||||
26 | rate
the board may, by proper resolution, cause a
proposition |
| |||||||
| |||||||
1 | to increase the annual tax rate for educational purposes to
be | ||||||
2 | submitted to the voters of such district at any general or | ||||||
3 | special
election. The maximum rate for educational purposes | ||||||
4 | shall not exceed
4.00%. The election called for such purpose | ||||||
5 | shall be governed by
Article 9 of this Act. If at such election | ||||||
6 | a majority of the votes cast
on the proposition is in favor | ||||||
7 | thereof, the Board of Education may
thereafter until such | ||||||
8 | authority is revoked in a like manner, levy
annually the tax so | ||||||
9 | authorized.
| ||||||
10 | For purposes of this Article, educational purposes for | ||||||
11 | fiscal years
beginning in 1995 and each subsequent year shall | ||||||
12 | also include, but not be
limited to, in addition to those | ||||||
13 | purposes authorized before this amendatory Act
of 1995, | ||||||
14 | constructing, acquiring, leasing (other than from the Public | ||||||
15 | Building
Commission of Chicago), operating, maintaining, | ||||||
16 | improving, repairing, and
renovating land, buildings, | ||||||
17 | furnishings, and equipment for school houses and
buildings, and | ||||||
18 | related incidental expenses, and
provision of special | ||||||
19 | education, furnishing free textbooks and
instructional aids | ||||||
20 | and school supplies, establishing, equipping, maintaining,
and | ||||||
21 | operating supervised playgrounds under the control of the | ||||||
22 | board, school
extracurricular activities, and stadia, social | ||||||
23 | center, and summer swimming pool
programs open to the public in | ||||||
24 | connection with any public school; making an
employer | ||||||
25 | contribution to the Public School Teachers' Pension and | ||||||
26 | Retirement
Fund as required by Section 17-129 of the Illinois |
| |||||||
| |||||||
1 | Pension Code; and providing
an agricultural science school, | ||||||
2 | including site development and improvements,
maintenance | ||||||
3 | repairs, and supplies. Educational purposes also includes | ||||||
4 | student
transportation expenses.
| ||||||
5 | All collections of all taxes levied for fiscal years ending | ||||||
6 | before 1996 under
this
Section or under Sections 34-53.2, | ||||||
7 | 34-53.3, 34-58, 34-60, or 34-62 of this
Article as in effect | ||||||
8 | prior to this amendatory Act of 1995 may be used for any
| ||||||
9 | educational purposes as defined by this amendatory Act of 1995 | ||||||
10 | and need not be
used for the particular purposes for which they | ||||||
11 | were levied.
The levy and extension of taxes pursuant to this | ||||||
12 | Section as amended by this
amendatory Act of 1995 shall not | ||||||
13 | constitute a new or increased tax rate within
the meaning of | ||||||
14 | the Property Tax Extension Limitation Law or the One-year
| ||||||
15 | Property Tax Extension Limitation Law.
| ||||||
16 | The rate at which taxes may be levied for the fiscal year | ||||||
17 | beginning
September
1, 1996, for educational purposes shall be | ||||||
18 | the full rate authorized by this
Section for such taxes for | ||||||
19 | fiscal years ending after 1995.
| ||||||
20 | (Source: P.A. 88-511; 88-670, eff. 12-2-94; 89-15, eff. | ||||||
21 | 5-30-95.)
| ||||||
22 | Section 950. The Educational Opportunity for Military | ||||||
23 | Children Act is amended by changing Section 25 as follows: | ||||||
24 | (105 ILCS 70/25)
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1 | Sec. 25. Tuition for children of active duty military | ||||||
2 | personnel who are transfer students. If a student who is a | ||||||
3 | child of active duty military personnel is (i) placed with a | ||||||
4 | non-custodial parent and (ii) as a result of placement, must | ||||||
5 | attend a non-resident school district, then the student must | ||||||
6 | not be charged the tuition of the school that the student | ||||||
7 | attends as a result of placement with the non-custodial parent | ||||||
8 | and the student must be counted in the calculation of average | ||||||
9 | daily attendance under Section 18-8.05 or 18-8.15 of the School | ||||||
10 | Code.
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11 | (Source: P.A. 98-673, eff. 6-30-14.) | ||||||
12 | Section 955. The Illinois Public Aid Code is amended by | ||||||
13 | changing Section 5-16.4 as follows:
| ||||||
14 | (305 ILCS 5/5-16.4)
| ||||||
15 | Sec. 5-16.4. Medical Assistance Provider Payment Fund.
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16 | (a) There is created in the State treasury the Medical | ||||||
17 | Assistance Provider
Payment
Fund. Interest earned by the Fund | ||||||
18 | shall be credited to the Fund.
| ||||||
19 | (b) The Fund is created for the purpose of disbursing | ||||||
20 | moneys as follows:
| ||||||
21 | (1) For medical services provided to recipients of aid | ||||||
22 | under Articles V,
VI, and XII.
| ||||||
23 | (2) For payment of administrative expenses incurred by | ||||||
24 | the Illinois
Department or its agent in performing the |
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| |||||||
1 | activities authorized by this
Section.
| ||||||
2 | (3) For making transfers to the General Obligation Bond | ||||||
3 | Retirement and
Interest Fund, as those transfers are | ||||||
4 | authorized in the proceedings authorizing
debt under the | ||||||
5 | Medicaid Liability Liquidity Borrowing Act, but transfers | ||||||
6 | made
under this paragraph (3) may not exceed the principal | ||||||
7 | amount of debt issued
under that Act.
| ||||||
8 | Disbursements from the Fund, other than transfers to the | ||||||
9 | General Obligation
Bond Retirement and Interest Fund (which | ||||||
10 | shall be made in accordance with the
provisions of the Medicaid | ||||||
11 | Liability Liquidity Borrowing Act), shall be by
warrants drawn | ||||||
12 | by the State Comptroller upon receipt of vouchers duly executed
| ||||||
13 | and certified by the Illinois Department.
| ||||||
14 | (c) The Fund shall consist of the following:
| ||||||
15 | (1) All federal matching funds received by the
Illinois | ||||||
16 | Department as a result of expenditures made by the Illinois | ||||||
17 | Department
that are attributable to moneys deposited into | ||||||
18 | the Fund.
| ||||||
19 | (2) Proceeds from any short-term borrowing directed to | ||||||
20 | the Fund by the
Governor pursuant to the Medicaid
Liability | ||||||
21 | Liquidity Borrowing Act.
| ||||||
22 | (3) Amounts transferred into the Fund under subsection | ||||||
23 | (d) of this
Section.
| ||||||
24 | (4) All other moneys received for the Fund from any | ||||||
25 | other source,
including interest earned on those moneys.
| ||||||
26 | (d) Beginning July 1, 1995, on the 13th and 26th days of |
| |||||||
| |||||||
1 | each month the
State
Comptroller and Treasurer shall transfer | ||||||
2 | from the General Revenue Fund to the
Medical Assistance | ||||||
3 | Provider Payment Fund an amount equal to 1/48th of the
annual | ||||||
4 | Medical
Assistance appropriation to
the Department of | ||||||
5 | Healthcare and Family Services (formerly Illinois Department | ||||||
6 | of Public Aid) from the Medical Assistance Provider
Payment | ||||||
7 | Fund,
plus cumulative deficiencies from those prior transfers. | ||||||
8 | In addition to those
transfers, the State Comptroller and | ||||||
9 | Treasurer
may transfer from the General Revenue Fund to the | ||||||
10 | Medical Assistance Provider
Payment
Fund as much as is | ||||||
11 | necessary to pay claims pursuant to the
new twice-monthly | ||||||
12 | payment schedule established in Section 5-16.5 and to avoid
| ||||||
13 | interest liabilities under the State Prompt Payment Act. No | ||||||
14 | transfers made
pursuant to this subsection shall interfere with | ||||||
15 | the timely payment of the
general State aid or primary State | ||||||
16 | aid payment made pursuant to Section 18-11 of the School Code.
| ||||||
17 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
18 | Section 995. Savings clause. Any repeal or amendment made | ||||||
19 | by this Act shall not affect or impair any of the following: | ||||||
20 | suits pending or rights existing at the time this Act takes | ||||||
21 | effect; any grant or conveyance made or right acquired or cause | ||||||
22 | of action now existing under any Section, Article, or Act | ||||||
23 | repealed or amended by this Act; the validity of any bonds or | ||||||
24 | other obligations issued or sold and constituting valid | ||||||
25 | obligations of the issuing authority at the time this Act takes |
| |||||||
| |||||||
1 | effect; the validity of any contract; the validity of any tax | ||||||
2 | levied under any law in effect prior to the effective date of | ||||||
3 | this Act; or any offense committed, act done, penalty, | ||||||
4 | punishment, or forfeiture incurred or any claim, right, power, | ||||||
5 | or remedy accrued under any law in effect prior to the | ||||||
6 | effective date of this Act.
| ||||||
7 | Section 999. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
|