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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4151
Introduced , by Rep. Roger L. Eddy - Suzanne Bassi - Jerry L. Mitchell - Renée Kosel - Elizabeth Coulson, et al. SYNOPSIS AS INTRODUCED: |
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Creates the FY2008 Budget Implementation (Education) Act. Provides that the purpose of the Act is to make changes in State programs that are necessary to implement the Governor's FY2008 budget recommendations concerning education. Amends the State Finance Act and the School Code. Makes changes concerning the SBE Federal Department of Education Fund, the SBE Federal Agency Services Fund, the SBE Federal Department of Agriculture Fund, and the State Board of Education Special Purpose Trust Fund; transfers among line item appropriations; targeted intervention strategies; grants to non-public schools under the School Safety and Educational Improvement Block Grant Program; the creation of a new superintendent mentoring program, a Rural Learning Initiative, an enhanced teacher compensation system, a severely overcrowded schools grant program, and the Salary Incentive Program for Hard-to-Staff Schools; the School Technology Revolving Loan Program; transitional assistance payments; a Lincoln's Challenge Academy study; the conversion and formation of school districts; reporting on contracts; incentives for district reorganization and annexation; reimbursement for special education personnel; the State aid formula (the foundation level of support and the minimum supplemental general State aid grant amount). Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| AN ACT concerning budget implementation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the FY2008 |
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| Budget Implementation (Education) Act. |
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| Section 5. Purpose. It is the purpose of this Act to make |
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| changes in State programs that are necessary to implement the |
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| Governor's FY2008 budget recommendations concerning education. |
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| Section 10. The State Finance Act is amended by changing |
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| Sections 6z-65.5, 6z-66, 6z-67, and 13.2 as follows:
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| (30 ILCS 105/6z-65.5)
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| Sec. 6z-65.5. SBE Federal Department of Education Fund. The |
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| SBE Federal Department of Education Fund is created as a |
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| federal trust fund in the State treasury. This fund is |
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| established to receive funds from the federal Department of |
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| Education, including non-indirect cost administrative funds |
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| recovered from federal programs, for the specific purposes |
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| established by the terms and conditions of federal awards. |
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| Moneys in the SBE Federal Department of Education Fund shall be |
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| used, subject to appropriation by the General Assembly, for |
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| grants and contracts to local education agencies, colleges and |
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| universities, and other State agencies and for administrative |
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| expenses of the State Board of Education. However, |
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| non-appropriated spending is allowed for the refund of |
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| unexpended grant moneys to the federal government. The SBE |
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| Federal Department of Education Fund shall serve as the |
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| successor fund to the National Center for Education Statistics |
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| Fund, and any balance remaining in the National Center for |
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| Education Statistics Fund on the effective date of this |
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| amendatory Act of the 94th General Assembly must be transferred |
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| to the SBE Federal Department of Education Fund by the State |
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| Treasurer. Any future deposits that would otherwise be made |
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| into the National Center for Education Statistics Fund must |
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| instead be made into the SBE Federal Department of Education |
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| Fund.
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| On or after July 1, 2007, the State Board of Education |
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| shall notify the State Comptroller of the amount of indirect |
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| federal funds in the SBE Federal Department of Education Fund |
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| to be transferred to the State Board of Education Special |
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| Purpose Trust Fund. The State Comptroller shall direct and the |
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| State Treasurer shall transfer this amount to the State Board |
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| of Education Special Purpose Trust Fund as soon as practical |
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| thereafter.
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| (Source: P.A. 93-838, eff. 7-30-04; 94-69, eff. 7-1-05.)
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| (30 ILCS 105/6z-66) |
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| Sec. 6z-66. SBE Federal Agency Services Fund. The SBE |
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| Federal Agency Services Fund is created as a federal trust fund |
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| in the State treasury. This fund is established to receive |
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| funds from all federal departments and agencies except the |
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| Departments of Education and Agriculture (including among |
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| others the Departments of Health and Human Services, Defense, |
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| and Labor and the Corporation for National and Community |
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| Service), including non-indirect cost administrative funds |
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| recovered from federal programs, for the specific purposes |
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| established by the terms and conditions of federal awards. |
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| Moneys in the SBE Federal Agency Services Fund shall be used, |
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| subject to appropriation by the General Assembly, for grants |
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| and contracts to local education agencies, colleges and |
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| universities, and other State agencies and for administrative |
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| expenses of the State Board of Education. However, |
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| non-appropriated spending is allowed for the refund of |
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| unexpended grant moneys to the federal government. The SBE |
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| Federal Agency Services Fund shall serve as the successor fund |
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| to the SBE Department of Health and Human Services Fund, the |
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| SBE Federal Department of Labor Federal Trust Fund, and the SBE |
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| Federal National Community Service Fund; and any balance |
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| remaining in the SBE Department of Health and Human Services |
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| Fund, the SBE Federal Department of Labor Federal Trust Fund, |
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| or the SBE Federal National Community Service Fund on the |
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| effective date of this amendatory Act of the 94th General |
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| Assembly must be transferred to the SBE Federal Agency Services |
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| Fund by the State Treasurer. Any future deposits that would |
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| otherwise be made into the SBE Department of Health and Human |
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| Services Fund, the SBE Federal Department of Labor Federal |
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| Trust Fund, or the SBE Federal National Community Service Fund |
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| must instead be made into the SBE Federal Agency Services Fund.
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| On or after July 1, 2007, the State Board of Education |
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| shall notify the State Comptroller of the amount of indirect |
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| federal funds in the SBE Federal Agency Services Fund to be |
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| transferred to the State Board of Education Special Purpose |
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| Trust Fund. The State Comptroller shall direct and the State |
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| Treasurer shall transfer this amount to the State Board of |
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| Education Special Purpose Trust Fund as soon as practical |
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| thereafter.
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| (Source: P.A. 93-838, eff. 7-30-04; 94-69, eff. 7-1-05.) |
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| (30 ILCS 105/6z-67) |
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| Sec. 6z-67. SBE Federal Department of Agriculture Fund. The |
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| SBE Federal Department of Agriculture Fund is created as a |
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| federal trust fund in the State treasury. This fund is |
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| established to receive funds from the federal Department of |
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| Agriculture, including non-indirect cost administrative funds |
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| recovered from federal programs, for the specific purposes |
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| established by the terms and conditions of federal awards. |
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| Moneys in the SBE Federal Department of Agriculture Fund shall |
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| be used, subject to appropriation by the General Assembly, for |
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| grants and contracts to local education agencies, colleges and |
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| universities, and other State agencies and for administrative |
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LRB095 13975 RAS 39788 b |
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| expenses of the State Board of Education. However, |
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| non-appropriated spending is allowed for the refund of |
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| unexpended grant moneys to the federal government.
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| On or after July 1, 2007, the State Board of Education |
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| shall notify the State Comptroller of the amount of indirect |
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| federal funds in the SBE Federal Department of Agriculture Fund |
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| to be transferred to the State Board of Education Special |
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| Purpose Trust Fund. The State Comptroller shall direct and the |
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| State Treasurer shall transfer this amount to the State Board |
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| of Education Special Purpose Trust Fund as soon as practical |
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| thereafter.
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| (Source: P.A. 93-838, eff. 7-30-04; 94-69, eff. 7-1-05; 94-835, |
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| eff. 6-6-06.)
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| (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
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| Sec. 13.2. Transfers among line item appropriations.
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| (a) Transfers among line item appropriations from the same
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| treasury fund for the objects specified in this Section may be |
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| made in
the manner provided in this Section when the balance |
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| remaining in one or
more such line item appropriations is |
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| insufficient for the purpose for
which the appropriation was |
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| made.
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| (a-1) No transfers may be made from one
agency to another |
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| agency, nor may transfers be made from one institution
of |
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| higher education to another institution of higher education.
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| (a-2) Except as otherwise provided in this Section, |
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LRB095 13975 RAS 39788 b |
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| transfers may be made only among the objects of expenditure |
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| enumerated
in this Section, except that no funds may be |
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| transferred from any
appropriation for personal services, from |
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| any appropriation for State
contributions to the State |
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| Employees' Retirement System, from any
separate appropriation |
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| for employee retirement contributions paid by the
employer, nor |
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| from any appropriation for State contribution for
employee |
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| group insurance. During State fiscal year 2005, an agency may |
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| transfer amounts among its appropriations within the same |
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| treasury fund for personal services, employee retirement |
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| contributions paid by employer, and State Contributions to |
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| retirement systems; notwithstanding and in addition to the |
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| transfers authorized in subsection (c) of this Section, the |
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| fiscal year 2005 transfers authorized in this sentence may be |
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| made in an amount not to exceed 2% of the aggregate amount |
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| appropriated to an agency within the same treasury fund. During |
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| State fiscal year 2007, the Departments of Children and Family |
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| Services, Corrections, Human Services, and Juvenile Justice |
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| may transfer amounts among their respective appropriations |
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| within the same treasury fund for personal services, employee |
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| retirement contributions paid by employer, and State |
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| contributions to retirement systems. Notwithstanding, and in |
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| addition to, the transfers authorized in subsection (c) of this |
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| Section, these transfers may be made in an amount not to exceed |
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| 2% of the aggregate amount appropriated to an agency within the |
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| same treasury fund.
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LRB095 13975 RAS 39788 b |
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| (a-3) Further, if an agency receives a separate
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| appropriation for employee retirement contributions paid by |
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| the employer,
any transfer by that agency into an appropriation |
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| for personal services
must be accompanied by a corresponding |
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| transfer into the appropriation for
employee retirement |
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| contributions paid by the employer, in an amount
sufficient to |
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| meet the employer share of the employee contributions
required |
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| to be remitted to the retirement system.
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| (b) In addition to the general transfer authority provided |
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| under
subsection (c), the following agencies have the specific |
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| transfer authority
granted in this subsection:
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| The Department of Healthcare and Family Services is |
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| authorized to make transfers
representing savings attributable |
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| to not increasing grants due to the
births of additional |
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| children from line items for payments of cash grants to
line |
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| items for payments for employment and social services for the |
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| purposes
outlined in subsection (f) of Section 4-2 of the |
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| Illinois Public Aid Code.
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| The Department of Children and Family Services is |
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| authorized to make
transfers not exceeding 2% of the aggregate |
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| amount appropriated to it within
the same treasury fund for the |
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| following line items among these same line
items: Foster Home |
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| and Specialized Foster Care and Prevention, Institutions
and |
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| Group Homes and Prevention, and Purchase of Adoption and |
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| Guardianship
Services.
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| The Department on Aging is authorized to make transfers not
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| exceeding 2% of the aggregate amount appropriated to it within |
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| the same
treasury fund for the following Community Care Program |
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| line items among these
same line items: Homemaker and Senior |
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| Companion Services, Alternative Senior Services, Case |
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| Coordination
Units, and Adult Day Care Services.
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| The State Treasurer is authorized to make transfers among |
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| line item
appropriations
from the Capital Litigation Trust |
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| Fund, with respect to costs incurred in
fiscal years 2002 and |
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| 2003 only, when the balance remaining in one or
more such
line |
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| item appropriations is insufficient for the purpose for which |
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| the
appropriation was
made, provided that no such transfer may |
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| be made unless the amount transferred
is no
longer required for |
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| the purpose for which that appropriation was made.
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| The State Board of Education is authorized to make |
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| transfers from line item appropriations within the same |
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| treasury fund for General State Aid and General State Aid - |
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| Hold Harmless, provided that no such transfer may be made |
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| unless the amount transferred is no longer required for the |
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| purpose for which that appropriation was made, to the line item |
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| appropriation for Transitional Assistance when the balance |
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| remaining in such line item appropriation is insufficient for |
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| the purpose for which the appropriation was made. |
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| The State Board of Education is authorized to make |
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| transfers between the following line item appropriations |
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| within the same treasury fund: Disabled Student |
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| Services/Materials (Section 14-13.01 of the School Code), |
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| Disabled Student Transportation Reimbursement (Section |
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| 14-13.01 of the School Code), Disabled Student Tuition - |
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| Private Tuition (Section 14-7.02 of the School Code), |
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| Extraordinary Special Education (Section 14-7.02b of the |
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| School Code), Reimbursement for Free Lunch/Breakfast Program, |
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| Summer School Payments (Section 18-4.3 of the School Code), and |
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| Transportation - Regular/Vocational Reimbursement (Section |
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| 29-5 of the School Code). Such transfers shall be made only |
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| when the balance remaining in one or more such line item |
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| appropriations is insufficient for the purpose for which the |
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| appropriation was made and provided that no such transfer may |
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| be made unless the amount transferred is no longer required for |
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| the purpose for which that appropriation was made.
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| (c) The sum of such transfers for an agency in a fiscal |
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| year shall not
exceed 2% of the aggregate amount appropriated |
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| to it within the same treasury
fund for the following objects: |
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| Personal Services; Extra Help; Student and
Inmate |
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| Compensation; State Contributions to Retirement Systems; State
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| Contributions to Social Security; State Contribution for |
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| Employee Group
Insurance; Contractual Services; Travel; |
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| Commodities; Printing; Equipment;
Electronic Data Processing; |
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| Operation of Automotive Equipment;
Telecommunications |
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| Services; Travel and Allowance for Committed, Paroled
and |
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| Discharged Prisoners; Library Books; Federal Matching Grants |
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| for
Student Loans; Refunds; Workers' Compensation, |
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| Occupational Disease, and
Tort Claims; and, in appropriations |
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| to institutions of higher education,
Awards and Grants. |
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| Notwithstanding the above, any amounts appropriated for
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| payment of workers' compensation claims to an agency to which |
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| the authority
to evaluate, administer and pay such claims has |
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| been delegated by the
Department of Central Management Services |
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| may be transferred to any other
expenditure object where such |
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| amounts exceed the amount necessary for the
payment of such |
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| claims.
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| (c-1) Special provisions for State fiscal year 2003. |
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| Notwithstanding any
other provision of this Section to the |
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| contrary, for State fiscal year 2003
only, transfers among line |
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| item appropriations to an agency from the same
treasury fund |
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| may be made provided that the sum of such transfers for an |
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| agency
in State fiscal year 2003 shall not exceed 3% of the |
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| aggregate amount
appropriated to that State agency for State |
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| fiscal year 2003 for the following
objects: personal services, |
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| except that no transfer may be approved which
reduces the |
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| aggregate appropriations for personal services within an |
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| agency;
extra help; student and inmate compensation; State
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| contributions to retirement systems; State contributions to |
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| social security;
State contributions for employee group |
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| insurance; contractual services; travel;
commodities; |
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| printing; equipment; electronic data processing; operation of
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| automotive equipment; telecommunications services; travel and |
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| allowance for
committed, paroled, and discharged prisoners; |
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| library books; federal matching
grants for student loans; |
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LRB095 13975 RAS 39788 b |
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| refunds; workers' compensation, occupational disease,
and tort |
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| claims; and, in appropriations to institutions of higher |
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| education,
awards and grants.
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| (c-2) Special provisions for State fiscal year 2005. |
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| Notwithstanding subsections (a), (a-2), and (c), for State |
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| fiscal year 2005 only, transfers may be made among any line |
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| item appropriations from the same or any other treasury fund |
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| for any objects or purposes, without limitation, when the |
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| balance remaining in one or more such line item appropriations |
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| is insufficient for the purpose for which the appropriation was |
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| made, provided that the sum of those transfers by a State |
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| agency shall not exceed 4% of the aggregate amount appropriated |
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| to that State agency for fiscal year 2005.
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| (d) Transfers among appropriations made to agencies of the |
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| Legislative
and Judicial departments and to the |
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| constitutionally elected officers in the
Executive branch |
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| require the approval of the officer authorized in Section 10
of |
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| this Act to approve and certify vouchers. Transfers among |
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| appropriations
made to the University of Illinois, Southern |
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| Illinois University, Chicago State
University, Eastern |
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| Illinois University, Governors State University, Illinois
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| State University, Northeastern Illinois University, Northern |
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| Illinois
University, Western Illinois University, the Illinois |
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| Mathematics and Science
Academy and the Board of Higher |
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| Education require the approval of the Board of
Higher Education |
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| and the Governor. Transfers among appropriations to all other
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LRB095 13975 RAS 39788 b |
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| agencies require the approval of the Governor.
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| The officer responsible for approval shall certify that the
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| transfer is necessary to carry out the programs and purposes |
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| for which
the appropriations were made by the General Assembly |
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| and shall transmit
to the State Comptroller a certified copy of |
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| the approval which shall
set forth the specific amounts |
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| transferred so that the Comptroller may
change his records |
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| accordingly. The Comptroller shall furnish the
Governor with |
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| information copies of all transfers approved for agencies
of |
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| the Legislative and Judicial departments and transfers |
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| approved by
the constitutionally elected officials of the |
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| Executive branch other
than the Governor, showing the amounts |
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| transferred and indicating the
dates such changes were entered |
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| on the Comptroller's records.
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| (e) The State Board of Education, in consultation with the |
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| State Comptroller, may transfer line item appropriations for |
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| General State Aid from the Common School Fund to the Education |
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| Assistance Fund.
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| (Source: P.A. 93-680, eff. 7-1-04; 93-839, eff. 7-30-04; |
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| 94-839, eff. 6-6-06.)
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| Section 15. The School Code is amended by adding Sections |
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| 2-3.25p, 2-3.53b, 2-3.142, 2-3.143, 2-3.144, 2-3.145, 2-3.146, |
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| 10-20.40, and 21-29 and by changing Sections 2-3.51.5, |
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| 2-3.117a, 2-3.127a, 2-3.131 (as added by Public Act 93-21), |
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| 7-14A, 11E-35, 11E-40, 11E-45, 11E-50, 11E-65, 11E-135, |
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| 14-13.01, 18-8.05, 29-3, and 29-5 as follows: |
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| (105 ILCS 5/2-3.25p new) |
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| Sec. 2-3.25p. Targeted intervention strategies. |
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| (a) The State Board of Education is authorized to make |
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| rules necessary to define and implement strategies to support |
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| school districts. Moneys appropriated under this Section must |
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| be used to undertake targeted interventions in eligible schools |
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| to improve student achievement, which undertaking shall |
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| include provision by the State Board of Education of a State |
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| Intervention Team. |
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| (b) School districts with one or more schools that have not |
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| met adequate yearly progress for at least 3 consecutive annual |
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| calculations are eligible to participate in targeted |
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| intervention strategies. The State Board of Education shall |
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| select participating schools through a prioritization process |
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| that considers the following, in addition to other factors |
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| defined by Board rule: |
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| (1) the number of consecutive years the school has not |
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| met adequate yearly progress criteria; and |
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| (2) the overall percentage of students in the school |
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| with State assessment scores demonstrating proficiency. |
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| (c) The State Board of Education shall provide school |
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| districts with schools eligible to participate the opportunity |
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| to accept or decline participation in targeted intervention |
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| strategies designed in cooperation with the school district, |
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| the State Board of Education, and a designated State |
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| Intervention Team. |
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| (d) A State Intervention Team established under this |
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| Section shall work with school districts to identify other |
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| State, federal, and local funds that may be used to carry out |
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| targeted intervention strategies as identified in the school |
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| improvement or restructuring plan developed or revised under |
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| this Section. |
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| (e) Subject to appropriation, the State Board of Education |
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| shall make funds available to school districts implementing |
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| targeted intervention strategies as identified in the school |
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| improvement or restructuring plan developed or revised under |
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| this Section. |
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| (f) The State Board of Education shall assemble a State |
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| Intervention Team, which shall include at least one academic |
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| improvement specialist and may include representatives from |
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| various State agencies, such as the Department of Human |
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| Services, the Department of Healthcare and Family Services, the |
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| Department of State Police, and the Department of Children and |
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| Family Services. |
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| (g) A State Intervention Team shall cooperate with |
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| representatives of the participating school district, which |
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| may include the school board, district superintendent, school |
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| administration, school professional staff, school parents, and |
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| the school community. |
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| (h) In cooperation with those entities listed in subsection |
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| (g) of this Section, the State Intervention Team shall, in |
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| accordance with rules adopted by the State Board of Education, |
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| develop or revise the school improvement or restructuring plan |
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| that is required to be in place for the respective school under |
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| Section 2-3.25d of this Code. |
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| (i) The plan referred to in subsection (h) of this Section |
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| must be completed within the timeline established for such |
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| plans by rule of the State Board of Education and must be |
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| submitted to
the State Board of Education. |
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| (j) The plan developed or revised under this Section may |
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| include the following, among other appropriate strategies for |
12 |
| school improvement: |
13 |
| (1) A plan for school participation in an extended |
14 |
| school year or summer school services or both for |
15 |
| low-achieving students. |
16 |
| (2) A plan to implement after-school tutoring and |
17 |
| alternative enrichment activities for low-achieving |
18 |
| students. |
19 |
| (3) A plan to increase the integration of technology in |
20 |
| classroom instruction and the use of technology to |
21 |
| encourage parental and community involvement. |
22 |
| (4) Improvements to services made available to |
23 |
| students, parents, and guardians through the school |
24 |
| library. |
25 |
| (5) Professional development opportunities available |
26 |
| to school and district administrators and teachers. |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| (6) Improvements to school curriculum and school |
2 |
| materials, including textbooks, software, and other |
3 |
| technology. |
4 |
| (7) Hiring of specialized personnel, including those |
5 |
| with experience in teaching reading.
|
6 |
| (k) The plan developed or revised under this Section shall |
7 |
| cover a minimum of 2 school years and must identify strategies |
8 |
| for academic improvement that can be sustained by the school |
9 |
| district in subsequent years. |
10 |
| (l) The State Intervention Team, in cooperation with the |
11 |
| State Board of Education, shall assess the participating |
12 |
| schools' progress throughout the course of the intervention |
13 |
| period, including the participating schools' capacity to |
14 |
| sustain academic improvement without participation in the |
15 |
| program. |
16 |
| (m) Nothing in this Section shall alter any of the |
17 |
| obligations of school districts or schools under Section |
18 |
| 2-3.25d of this Code. All federal requirements apply to schools |
19 |
| and school districts utilizing federal funds under Title I, |
20 |
| Part A of the federal Elementary and Secondary Education Act of |
21 |
| 1965.
|
22 |
| (105 ILCS 5/2-3.51.5)
|
23 |
| Sec. 2-3.51.5. School Safety and Educational Improvement |
24 |
| Block Grant
Program. To improve the level of education and |
25 |
| safety of students from
kindergarten through grade 12 in school |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| districts and State-recognized, non-public schools . The State |
2 |
| Board of
Education is authorized to fund a School Safety and |
3 |
| Educational Improvement
Block Grant Program.
|
4 |
| (1) For school districts, the
The program shall provide |
5 |
| funding for school safety, textbooks and
software, teacher |
6 |
| training and curriculum development, school improvements, |
7 |
| remediation programs under subsection (a) of Section 2-3.64, |
8 |
| school
report cards under Section 10-17a, and criminal history |
9 |
| records checks
under Sections 10-21.9 and 34-18.5. For |
10 |
| State-recognized, non-public schools, the program shall |
11 |
| provide funding for secular textbooks and software, criminal |
12 |
| history records checks, and health and safety mandates to the |
13 |
| extent that the funds are expended for purely secular purposes.
|
14 |
| A school district
or laboratory school as defined in Section |
15 |
| 18-8 or 18-8.05 is not required
to file an application in order |
16 |
| to receive the categorical funding to which it
is entitled |
17 |
| under this Section. Funds for the School Safety and Educational
|
18 |
| Improvement Block Grant Program shall be distributed to school |
19 |
| districts and
laboratory schools based on the prior year's best |
20 |
| 3 months average daily
attendance. Funds for the School Safety |
21 |
| and Educational Improvement Block Grant Program shall be |
22 |
| distributed to State-recognized, non-public schools based on |
23 |
| the average daily attendance figure for the previous school |
24 |
| year provided to the State Board of Education. The State Board |
25 |
| of Education shall develop an application that requires |
26 |
| State-recognized, non-public schools to submit average daily |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| attendance figures. A State-recognized, non-public school must |
2 |
| submit the application and average daily attendance figure |
3 |
| prior to receiving funds under this Section. The State Board of |
4 |
| Education shall promulgate rules and
regulations necessary for |
5 |
| the implementation of this program.
|
6 |
| (2) Distribution of moneys to school districts and |
7 |
| State-recognized, non-public schools shall be made in 2
|
8 |
| semi-annual installments, one payment on or before October 30, |
9 |
| and one
payment prior to April 30, of each fiscal year.
|
10 |
| (3) Grants under the School Safety and Educational |
11 |
| Improvement Block Grant
Program shall be awarded provided there |
12 |
| is an appropriation for the program,
and funding levels for |
13 |
| each district shall be prorated according to the amount
of the |
14 |
| appropriation.
|
15 |
| (4) The provisions of this Section are in the public |
16 |
| interest, are for the public benefit, and serve secular public |
17 |
| purposes.
|
18 |
| (Source: P.A. 93-909, eff. 8-12-04.)
|
19 |
| (105 ILCS 5/2-3.53b new) |
20 |
| Sec. 2-3.53b. New superintendent mentoring program. |
21 |
| (a) Beginning on July 1, 2008 and subject to an annual |
22 |
| appropriation by the General Assembly, to establish a new |
23 |
| superintendent mentoring program for new superintendents. Any |
24 |
| individual who begins serving as a superintendent in this State |
25 |
| on or after July 1, 2008 and has not previously served as a |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| school district superintendent in this State shall participate |
2 |
| in the new superintendent mentoring program for the duration of |
3 |
| his or her first 2 school years as a superintendent and must |
4 |
| complete the program in accordance with the requirements |
5 |
| established by the State Board of Education by rule. The new |
6 |
| superintendent mentoring program shall match an experienced |
7 |
| superintendent who meets the requirements of subsection (b) of |
8 |
| this Section with each new superintendent in his or her first 2 |
9 |
| school years in that position in order to assist the new |
10 |
| superintendent in the development of his or her professional |
11 |
| growth and to provide guidance during the new superintendent's |
12 |
| first 2 school years of service. |
13 |
| (b) Any individual who has actively served as a school |
14 |
| district superintendent in this State for 3 or more years and |
15 |
| who has demonstrated success as an instructional leader, as |
16 |
| determined by the State Board of Education by rule, is eligible |
17 |
| to apply to be a mentor under the new superintendent mentoring |
18 |
| program. Mentors shall complete mentoring training through a |
19 |
| provider selected by the State Board of Education and shall |
20 |
| meet any other requirements set forth by the State Board and by |
21 |
| the school district employing the mentor. |
22 |
| (c) Under the new superintendent mentoring program, a |
23 |
| provider selected by the State Board of Education shall assign |
24 |
| a mentor to a new superintendent based on (i) similarity of |
25 |
| grade level or type of school district, (ii) learning needs of |
26 |
| the new superintendent, and (iii) geographical proximity of the |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| mentor to the new superintendent. The new superintendent, in |
2 |
| collaboration with the mentor, shall identify areas for |
3 |
| improvement of the new superintendent's professional growth, |
4 |
| including, but not limited to, each of the following: |
5 |
| (1) Analyzing data and applying it to practice. |
6 |
| (2) Aligning professional development and |
7 |
| instructional programs. |
8 |
| (3) Building a professional learning community. |
9 |
| (4) Effective school board relations. |
10 |
| (5) Facilitating effective meetings. |
11 |
| (6) Developing distributive leadership practices. |
12 |
| (7) Facilitating organizational change. |
13 |
| The mentor must not be required to provide an evaluation of |
14 |
| the new superintendent on the basis of the mentoring |
15 |
| relationship. |
16 |
| (d) From January 1, 2009 until May 15, 2009 and from |
17 |
| January 1 until May 15 each year thereafter, each mentor and |
18 |
| each new superintendent shall complete a survey of progress of |
19 |
| the new superintendent on a form developed by the school |
20 |
| district. On or before September 1, 2009 and on or before |
21 |
| September 1 of each year thereafter, the provider selected by |
22 |
| the State Board of Education shall submit a detailed annual |
23 |
| report to the State Board of how the appropriation for the new |
24 |
| superintendent mentoring program was spent, details on each |
25 |
| mentor-mentee relationship, and a qualitative evaluation of |
26 |
| the outcomes. The provider shall develop a verification form |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| that each new superintendent and his or her mentor must |
2 |
| complete and submit to the provider to certify completion of |
3 |
| each year of the new superintendent mentoring program by July |
4 |
| 15 immediately following the school year just completed. |
5 |
| (e) The requirements of this Section do not apply to any |
6 |
| individual who has previously served as an assistant |
7 |
| superintendent in a school district in this State acting under |
8 |
| an administrative certificate for 5 or more years and who, on |
9 |
| or after July 1, 2008, begins serving as a superintendent in |
10 |
| the school district where he or she had served as an assistant |
11 |
| superintendent immediately prior to being named |
12 |
| superintendent, although such an individual may choose to |
13 |
| participate in the new superintendent mentoring program or may |
14 |
| be required to participate by the school district. The |
15 |
| requirements of this Section do not apply to any superintendent |
16 |
| or chief executive officer of a school district organized under |
17 |
| Article 34 of this Code. |
18 |
| (f) The State Board may adopt any rules that are necessary |
19 |
| for the implementation of this Section.
|
20 |
| (105 ILCS 5/2-3.117a)
|
21 |
| Sec. 2-3.117a. School Technology Revolving Loan Program.
|
22 |
| (a) The State
Board of Education is authorized to |
23 |
| administer a School Technology Revolving
Loan Program from |
24 |
| funds appropriated from the School Technology Revolving Loan
|
25 |
| Fund for the purpose of making the financing of school |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| technology hardware
improvements affordable
and making the |
2 |
| integration of technology in the classroom possible. School
|
3 |
| technology loans shall be made available to
public school |
4 |
| districts, charter schools, area vocational centers, and
|
5 |
| laboratory schools to purchase technology hardware for |
6 |
| eligible grade
levels on a 2-year rotating basis: grades 9 |
7 |
| through 12 in fiscal year 2004
and each second year thereafter |
8 |
| and grades K through 8 in fiscal year
2005 and each second year |
9 |
| thereafter.
|
10 |
| The State Board of Education shall determine the interest |
11 |
| rate the loans
shall bear which shall not be greater than 50% |
12 |
| of the rate for the most recent
date shown in the 20 G.O. Bonds |
13 |
| Index of average municipal bond yields as
published in the most |
14 |
| recent edition of The Bond
Buyer, published in New York, New |
15 |
| York. The repayment period for School
Technology Revolving |
16 |
| Loans shall not exceed 3 years. Participants shall use at least |
17 |
| 90% of the loan proceeds for technology
hardware
investments |
18 |
| for
students and staff (including computer hardware, |
19 |
| technology networks,
related
wiring, and other items as defined |
20 |
| in rules adopted by the State Board of
Education) and up to 10% |
21 |
| of the loan proceeds for computer furniture. No
participant |
22 |
| whose equalized assessed valuation per pupil in
average daily |
23 |
| attendance is at the 99th percentile and above for all |
24 |
| districts
of the same type shall be eligible to receive a |
25 |
| School Technology Revolving
Loan under the provisions of this |
26 |
| Section for that year.
|
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| The State Board of Education shall have the authority to |
2 |
| adopt all rules
necessary for the implementation and |
3 |
| administration of the School Technology
Revolving Loan |
4 |
| Program, including, but not limited to, rules defining
|
5 |
| application procedures, prescribing a maximum amount per pupil |
6 |
| that may be
requested annually by districts, requiring |
7 |
| appropriate local commitments for
technology investments, |
8 |
| prescribing a mechanism for disbursing
loan funds in the event |
9 |
| requests exceed available funds, specifying
collateral, and |
10 |
| prescribing
actions necessary to protect the State's
interest |
11 |
| in the event of default, foreclosure, or noncompliance with the |
12 |
| terms
and conditions of the loans.
|
13 |
| (b) There is created in the State treasury the School |
14 |
| Technology Revolving
Loan Fund. The State Board shall have the |
15 |
| authority to make expenditures from
the Fund pursuant to |
16 |
| appropriations made for the purposes of this Section , including |
17 |
| payments for refunds .
There shall be deposited into the Fund |
18 |
| such amounts, including but not limited
to:
|
19 |
| (1) Transfers from the School Infrastructure Fund;
|
20 |
| (2) All receipts, including principal and interest
|
21 |
| payments, from any loan made from the Fund;
|
22 |
| (3) All proceeds of assets of whatever nature
received |
23 |
| by the State Board as a result of default or
delinquency |
24 |
| with respect to loans made from the Fund;
|
25 |
| (4) Any appropriations, grants, or gifts made to the |
26 |
| Fund; and
|
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| (5) Any income received from interest on investments of |
2 |
| money in the
Fund.
|
3 |
| (Source: P.A. 93-368, eff. 7-24-03.)
|
4 |
| (105 ILCS 5/2-3.127a) |
5 |
| Sec. 2-3.127a. The State Board of Education Special Purpose |
6 |
| Trust Fund. The State Board of Education Special Purpose Trust |
7 |
| Fund is created as a special fund in the State treasury. The |
8 |
| State Board of Education shall deposit all indirect costs |
9 |
| recovered from federal programs into the State Board of |
10 |
| Education Special Purpose Trust Fund. These funds may be used |
11 |
| by the State Board of Education for its ordinary and contingent |
12 |
| expenses. Additionally and unless
Unless specifically directed |
13 |
| to be deposited into other funds, all moneys received by the |
14 |
| State Board of Education from gifts, grants, or donations from |
15 |
| any source, public or private, shall be deposited into the |
16 |
| State Board of Education Special Purpose Trust Fund
this Fund . |
17 |
| These funds
Moneys in this Fund shall be used, subject to |
18 |
| appropriation by the General Assembly, by the State Board of |
19 |
| Education for the purposes established by the gifts, grants, or |
20 |
| donations.
|
21 |
| (Source: P.A. 94-69, eff. 7-1-05.)
|
22 |
| (105 ILCS 5/2-3.131)
|
23 |
| Sec. 2-3.131. Transitional assistance payments.
|
24 |
| (a) If the amount that
the State Board of Education will |
|
|
|
HB4151 |
- 25 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| pay to
a school
district from fiscal year 2004 appropriations, |
2 |
| as estimated by the State
Board of Education on April 1, 2004, |
3 |
| is less than the amount that the
State Board of Education paid |
4 |
| to the school district from fiscal year 2003
appropriations, |
5 |
| then, subject to appropriation, the State Board of
Education |
6 |
| shall make a fiscal year 2004 transitional assistance payment
|
7 |
| to the school district in an amount equal to the difference |
8 |
| between the
estimated amount to be paid from fiscal year 2004 |
9 |
| appropriations and
the amount paid from fiscal year 2003 |
10 |
| appropriations.
|
11 |
| (b) If the amount that
the State Board of Education will |
12 |
| pay to
a school
district from fiscal year 2005 appropriations, |
13 |
| as estimated by the State
Board of Education on April 1, 2005, |
14 |
| is less than the amount that the
State Board of Education paid |
15 |
| to the school district from fiscal year 2004
appropriations, |
16 |
| then the State Board of
Education shall make a fiscal year 2005 |
17 |
| transitional assistance payment
to the school district in an |
18 |
| amount equal to the difference between the
estimated amount to |
19 |
| be paid from fiscal year 2005 appropriations and
the amount |
20 |
| paid from fiscal year 2004 appropriations.
|
21 |
| (c) If the amount that
the State Board of Education will |
22 |
| pay to
a school
district from fiscal year 2006 appropriations, |
23 |
| as estimated by the State
Board of Education on April 1, 2006, |
24 |
| is less than the amount that the
State Board of Education paid |
25 |
| to the school district from fiscal year 2005
appropriations, |
26 |
| then the State Board of
Education shall make a fiscal year 2006 |
|
|
|
HB4151 |
- 26 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| transitional assistance payment
to the school district in an |
2 |
| amount equal to the difference between the
estimated amount to |
3 |
| be paid from fiscal year 2006 appropriations and
the amount |
4 |
| paid from fiscal year 2005 appropriations.
|
5 |
| (d) If the amount that
the State Board of Education will |
6 |
| pay to
a school
district from fiscal year 2007 appropriations, |
7 |
| as estimated by the State
Board of Education on April 1, 2007, |
8 |
| is less than the amount that the
State Board of Education paid |
9 |
| to the school district from fiscal year 2006
appropriations, |
10 |
| then the State Board of
Education, subject to appropriation, |
11 |
| shall make a fiscal year 2007 transitional assistance payment
|
12 |
| to the school district in an amount equal to the difference |
13 |
| between the
estimated amount to be paid from fiscal year 2007 |
14 |
| appropriations and
the amount paid from fiscal year 2006 |
15 |
| appropriations.
|
16 |
| (e) Subject to appropriation, beginning on July 1, 2007, |
17 |
| the State Board of Education shall adjust prior year |
18 |
| information for the transitional assistance calculations under |
19 |
| this Section in the event of the creation or reorganization of |
20 |
| any school district pursuant to Article 11E of this Code, the |
21 |
| dissolution of an entire district and the annexation of all of |
22 |
| its territory to one or more other districts pursuant to |
23 |
| Article 7 of this Code, or a boundary change whereby the |
24 |
| enrollment of the annexing district increases by 90% or more as |
25 |
| a result of annexing territory detached from another district |
26 |
| pursuant to Article 7 of this Code.
|
|
|
|
HB4151 |
- 27 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| (f) If the amount that
the State Board of Education will |
2 |
| pay to
a school
district from fiscal year 2008 appropriations, |
3 |
| as estimated by the State
Board of Education on April 1, 2008, |
4 |
| is less than the amount that the
State Board of Education paid |
5 |
| to the school district from fiscal year 2007
appropriations, |
6 |
| then the State Board of
Education, subject to appropriation, |
7 |
| shall make a fiscal year 2008 transitional assistance payment
|
8 |
| to the school district in an amount equal to the difference |
9 |
| between the
estimated amount to be paid from fiscal year 2008 |
10 |
| appropriations and
the amount paid from fiscal year 2007 |
11 |
| appropriations.
|
12 |
| (Source: P.A. 93-21, eff. 7-1-03; 93-838, eff. 7-30-04; 94-69, |
13 |
| eff. 7-1-05; 94-835, eff. 6-6-06.)
|
14 |
| (105 ILCS 5/2-3.142 new)
|
15 |
| Sec. 2-3.142. Rural Learning Initiative. |
16 |
| (a) Subject to appropriation, the State Board of Education |
17 |
| shall by rule establish a Rural Learning Initiative to upgrade |
18 |
| computer lab facilities and associated components, upgrade |
19 |
| classroom materials, and fund professional development. |
20 |
| (b) The State Board of Education shall select the |
21 |
| participating school districts and schools based on each |
22 |
| district's or school's need. In selecting participants, the |
23 |
| State Board shall consider all of the following criteria: |
24 |
| (1) The district's size, student population, and |
25 |
| location. |
|
|
|
HB4151 |
- 28 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| (2) Documented teacher shortages in critical areas for |
2 |
| which teaching and learning could be provided by access to |
3 |
| the Illinois Virtual High School. |
4 |
| (3) Limited access to advanced placement courses. |
5 |
| (4) Low rates of satisfactory performance on |
6 |
| assessment instruments under Section 2-3.64 of this Code. |
7 |
| (5) The methods the district or school will use to |
8 |
| measure the outcomes of the grant in the district or |
9 |
| school. |
10 |
| (6) Whether the district or school has limited system |
11 |
| capabilities, resource needs, and professional development |
12 |
| support. |
13 |
| (105 ILCS 5/2-3.143 new)
|
14 |
| Sec. 2-3.143. Lincoln's ChalleNGe Academy study. The State |
15 |
| Board of Education shall conduct a study to consider the need |
16 |
| for an expansion of enrollment at or the replication of |
17 |
| services in other portions of this State for the Lincoln's |
18 |
| ChalleNGe Academy as an alternative program for students who |
19 |
| have dropped out of traditional school. |
20 |
| (105 ILCS 5/2-3.144 new) |
21 |
| Sec. 2-3.144. Enhanced teacher compensation. |
22 |
| (a) Subject to appropriation, an enhanced teacher |
23 |
| compensation system
is established, beginning with the |
24 |
| 2008-2009
school year, to provide new incentives to improve |
|
|
|
HB4151 |
- 29 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| student learning and
to recruit and retain highly qualified |
2 |
| teachers, encourage highly
qualified teachers to undertake |
3 |
| challenging assignments, and support
teachers' roles in |
4 |
| improving students' educational achievement. |
5 |
| (b) To be eligible to participate in an enhanced teacher
|
6 |
| compensation system, a school district or school building, at |
7 |
| least in
the school year before it expects to fully implement |
8 |
| the system (i) must submit to the State Board of Education a |
9 |
| letter of intent executed by the school district and the |
10 |
| exclusive representative of the district's teachers to |
11 |
| complete a plan preparing for full implementation,
consistent |
12 |
| with subsection (d) of this Section, that may include, among
|
13 |
| other activities, training to evaluate teacher performance,
a |
14 |
| restructured school day to develop integrated ongoing
|
15 |
| building-based professional development activities, release
|
16 |
| time to develop an enhanced teacher compensation system
|
17 |
| agreement, and teacher and staff training on using multiple
|
18 |
| data sources; and (ii) may agree to use the State funds it |
19 |
| receives
under Section 10-20.41 of this Code for staff |
20 |
| development purposes to
develop the enhanced teacher |
21 |
| compensation system agreement
under this Section. |
22 |
| (c) The State Superintendent of Education may waive the |
23 |
| planning year if he or she determines, based on the criteria |
24 |
| set forth under subsection (d) of this Section, that the school |
25 |
| district or school building is ready to fully implement an |
26 |
| alternative pay system. |
|
|
|
HB4151 |
- 30 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| (d) To participate in the program established under this |
2 |
| Section, a school district or school building must have an |
3 |
| educational improvement plan under Section 10-20.43 of this |
4 |
| Code and an enhanced teacher compensation system agreement |
5 |
| under this Section. |
6 |
| The enhanced
teacher compensation system agreement must be |
7 |
| negotiated with, agreed
to, and ratified by the exclusive |
8 |
| representative of the district's
teachers. In addition, the |
9 |
| agreement must do the following: |
10 |
| (1) describe how teachers can achieve career
|
11 |
| advancement and additional compensation; |
12 |
| (2) describe how the school district or school
building |
13 |
| will provide teachers with
career advancement options that |
14 |
| allow teachers to retain
primary roles in student |
15 |
| instruction and facilitate
site-focused professional |
16 |
| development that helps other
teachers improve their |
17 |
| skills; |
18 |
| (3) prevent any teacher's compensation paid before
|
19 |
| implementing the compensation system from being reduced as
|
20 |
| a result of participating in this system; |
21 |
| (4) for school districts having a population not
|
22 |
| exceeding 500,000, base at least 60% of any
compensation |
23 |
| increase on teacher performance using the following: |
24 |
| (A) school-wide student achievement gains; |
25 |
| (B) measures of achievement by a teacher's
|
26 |
| students; and |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| (C) an objective evaluation program that
includes |
2 |
| the following: |
3 |
| (i) individual teacher evaluations
aligned |
4 |
| with the educational improvement plan
under |
5 |
| Section 10-20.43 of this Code and the staff |
6 |
| development plan under Section 10-20.40 of this |
7 |
| Code; and |
8 |
| (ii) objective evaluations using
multiple |
9 |
| criteria conducted by a locally
developed and |
10 |
| periodically trained evaluation
team that |
11 |
| understands teaching and learning. |
12 |
| (5) provide integrated ongoing building-based
|
13 |
| professional development activities to improve
|
14 |
| instructional skills and learning that are aligned with
|
15 |
| student needs under Section 10-20.43 of this Code, |
16 |
| consistent with the
staff development plan under Section |
17 |
| 10-20.40 of this Code
and led during the school day by |
18 |
| trained teacher leaders
such as master or mentor teachers; |
19 |
| (6) allow any teacher in a participating school
|
20 |
| district or school building that
implements an enhanced |
21 |
| teacher compensation system to
participate in that system |
22 |
| without any quota or other
limit; and |
23 |
| (7) encourage collaboration rather than competition
|
24 |
| among teachers.
|
25 |
| (e) Consistent with the requirements of this Section and |
26 |
| Sections
2-3.145 and 10-20.43 of this Code, the State Board of |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| Education must prepare and transmit to interested school |
2 |
| districts and school buildings a standard form for applying to |
3 |
| participate in the enhanced teacher compensation system. An |
4 |
| interested school district or school building must submit to |
5 |
| the State Superintendent a completed application executed by |
6 |
| the district superintendent and the exclusive bargaining |
7 |
| representative of the teachers. The application must include |
8 |
| the proposed enhanced teacher compensation system agreement |
9 |
| under this Section. The State Board of Education must convene a |
10 |
| review committee that at least includes teachers and |
11 |
| administrators within 30 days after receiving a completed |
12 |
| application to recommend to the State Superintendent of |
13 |
| Education whether to approve or disapprove the application. The |
14 |
| State Superintendent must approve applications on a |
15 |
| first-come, first-served basis. The applicant's enhanced |
16 |
| teacher compensation system agreement must be legally binding |
17 |
| on the applicant and the exclusive bargaining representative |
18 |
| before the applicant receives enhanced compensation revenue. |
19 |
| The State Superintendent must approve or disapprove an |
20 |
| application based on the requirements under subsection (d) of |
21 |
| this Section. |
22 |
| If the State Superintendent of Education disapproves an |
23 |
| application, the State Superintendent must give the applicant |
24 |
| timely notice of the specific reasons in detail for |
25 |
| disapproving the application. The applicant may revise and |
26 |
| resubmit its application and related documents to the State |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| Superintendent within 30 days after receiving notice of the |
2 |
| State Superintendent's disapproval and the State |
3 |
| Superintendent must approve or disapprove the revised |
4 |
| application, consistent with this subsection (e). Applications |
5 |
| that are revised and then approved are considered submitted on |
6 |
| the date the applicant initially submitted the application. |
7 |
| (f) Participating school districts and school buildings |
8 |
| must report on the implementation and effectiveness of the
|
9 |
| enhanced teacher professional pay system, particularly |
10 |
| addressing each
requirement under subsection (d) of this |
11 |
| Section, and make annual recommendations by June 15 to their |
12 |
| school boards. The school board shall transmit a copy of the |
13 |
| report with a summary of the findings and
recommendations of |
14 |
| the school district or school building to
the State |
15 |
| Superintendent of Education. |
16 |
| If the State Superintendent of Education determines that a |
17 |
| school
district or school building that receives enhanced
|
18 |
| teacher compensation revenue is not complying with the |
19 |
| requirements of
this Section, the State Superintendent may |
20 |
| withhold funding from that
participant. Before making the |
21 |
| determination, the State Superintendent
must notify the |
22 |
| participant of any deficiencies and provide the
participant an |
23 |
| opportunity to comply. |
24 |
| (g) A school district that qualifies to participate in the |
25 |
| enhanced teacher compensation system transitional planning |
26 |
| year under this Section may use the State funds it receives |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| under Section 10-20.41 of this Code for complying with the |
2 |
| planning and staff development activities under this Section.
|
3 |
| (105 ILCS 5/2-3.145 new) |
4 |
| Sec. 2-3.145. Enhanced compensation revenue. |
5 |
| (a) Subject to appropriation, a school district or school |
6 |
| building that
meets the conditions of Section 2-3.144 of this |
7 |
| Code and submits an application approved by the State |
8 |
| Superintendent of Education is eligible for enhanced teacher |
9 |
| compensation revenue. |
10 |
| (b) The State Superintendent of Education must consider |
11 |
| only those applications to participate that are submitted |
12 |
| jointly by a school district and the exclusive bargaining |
13 |
| representative of the teachers, if any. The application must |
14 |
| contain an enhanced teacher
compensation system agreement as |
15 |
| set forth in Section 2-3.144 of this Code. |
16 |
| (c) Enhanced teacher compensation revenue for a qualifying |
17 |
| school
district or school building shall equal $260 times the
|
18 |
| number of pupils enrolled in the district or school building on |
19 |
| October 1 of the previous fiscal year. |
20 |
| For a newly combined or consolidated school district, the |
21 |
| revenue shall be computed using the sum of pupils enrolled on |
22 |
| October 1 of the previous year in the districts entering into |
23 |
| the combination or
consolidation. The State Superintendent of |
24 |
| Education may adjust the revenue computed for a school building |
25 |
| using prior year data to reflect changes attributable to school |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| closings, school openings, or grade level
reconfigurations |
2 |
| between the prior year and the current year. |
3 |
| The revenue shall be available only to school districts and |
4 |
| school
buildings that fully implement an enhanced teacher
|
5 |
| compensation system by October 1 of the current school year. |
6 |
| (d) School districts and school buildings with approved
|
7 |
| applications must receive enhanced teacher compensation |
8 |
| revenue for
each school year that the district or school |
9 |
| building
implements an enhanced teacher compensation system |
10 |
| under this
subsection (d) and Section 2-3.144 of this Code. For |
11 |
| the 2009-2010 school year and later, a qualifying district or |
12 |
| school building that received enhanced teacher compensation |
13 |
| aid for the previous school year must receive at least an |
14 |
| amount of enhanced teacher compensation revenue equal to the |
15 |
| lesser of the amount it received for the previous school year |
16 |
| or the amount it qualifies for under subsection (c) of this |
17 |
| Section for the current school year, if the district or school |
18 |
| building submits a timely application and the State |
19 |
| Superintendent determines that the district or school building |
20 |
| continues to implement an enhanced teacher compensation |
21 |
| system, consistent with its application under this Section. |
22 |
| The State Superintendent of Education shall approve |
23 |
| applications that comply with this Section, select applicants |
24 |
| that qualify for
the program, notify school districts and |
25 |
| school buildings about the program, develop and disseminate |
26 |
| application
materials, and carry out other activities needed to |
|
|
|
HB4151 |
- 36 - |
LRB095 13975 RAS 39788 b |
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|
1 |
| implement this
Section. |
2 |
| (105 ILCS 5/2-3.146 new)
|
3 |
| Sec. 2-3.146. Severely overcrowded schools grant program. |
4 |
| There is created a grant program, subject to appropriation, for |
5 |
| severely overcrowded schools. The State Board of Education |
6 |
| shall administer the program. Grant funds may be used for |
7 |
| purposes of relieving overcrowding. In order for a school |
8 |
| district to be eligible for a grant under this Section, (i) the |
9 |
| main administrative office of the district must be located in a |
10 |
| city of 85,000 or more in population, according to the 2000 |
11 |
| U.S. Census, (ii) the school district must have a district-wide |
12 |
| percentage of low-income students of 70% or more, as identified |
13 |
| by the 2005-2006 School Report Cards published by the State |
14 |
| Board of Education, and (iii) the school district must not be |
15 |
| eligible for a fast growth grant under Section 18-8.10 of this |
16 |
| Code. The State Board of Education shall distribute the funds |
17 |
| on a proportional basis with no single district receiving more |
18 |
| than 75% of the funds in any given year. The State Board of |
19 |
| Education may adopt rules as needed for the implementation and |
20 |
| distribution of grants under this Section.
|
21 |
| (105 ILCS 5/7-14A) (from Ch. 122, par. 7-14A)
|
22 |
| Sec. 7-14A. Annexation Compensation. There shall be no |
23 |
| accounting
made after a mere change in boundaries when no new |
24 |
| district is created , except that those districts whose |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| enrollment increases by 90% or more as a result of annexing |
2 |
| territory detached from another district pursuant to this |
3 |
| Article are eligible for supplementary State aid payments in |
4 |
| accordance with Section 11E-135 of this Code. Eligible annexing |
5 |
| districts shall apply to the State Board of Education for |
6 |
| supplementary State aid payments by submitting enrollment |
7 |
| figures for the year immediately preceding and the year |
8 |
| immediately following the effective date of the boundary change |
9 |
| for both the district gaining territory and the district losing |
10 |
| territory. Copies of any intergovernmental agreements between |
11 |
| the district gaining territory and the district losing |
12 |
| territory detailing any transfer of fund balances and staff |
13 |
| must also be submitted. In all instances of changes in |
14 |
| boundaries,
.
However, the district losing territory shall
not |
15 |
| count the average daily attendance of pupils living in the |
16 |
| territory
during the year preceding the effective date of the |
17 |
| boundary change in its
claim for reimbursement under Section |
18 |
| 18-8 for the school year following
the effective date of the |
19 |
| change in boundaries and the district receiving
the territory |
20 |
| shall count the average daily attendance of pupils living in
|
21 |
| the territory during the year preceding the effective date of |
22 |
| the boundary
change in its claim for reimbursement under |
23 |
| Section 18-8 for the school
year following the effective date |
24 |
| of the change in boundaries. The changes to this Section made |
25 |
| by this amendatory Act of the 95th General Assembly are |
26 |
| intended to be retroactive and applicable to any annexation |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| taking effect on or after July 1, 2004.
|
2 |
| (Source: P.A. 84-1250.)
|
3 |
| (105 ILCS 5/10-20.40 new)
|
4 |
| Sec. 10-20.40. Report on contracts. |
5 |
| (a) This Section applies to all school districts, including |
6 |
| a school district organized under Article 34 of this Code.
|
7 |
| (b) A school board must
list on the district's Internet |
8 |
| website, if any, all contracts
over $25,000 and any contract |
9 |
| that the school board enters into
with an exclusive bargaining |
10 |
| representative. |
11 |
| (c) Each year, no more than 30 days after the start of the |
12 |
| fiscal year, each school district shall submit to the State |
13 |
| Board of Education an annual report on all contracts awarded by |
14 |
| the school district during the previous fiscal year. The report |
15 |
| shall include at least the following: |
16 |
| (1) the total number of all contracts awarded by the |
17 |
| school district; |
18 |
| (2) the total value of all contracts awarded; |
19 |
| (3) the number of contracts awarded to minority owned |
20 |
| businesses, female owned businesses, and businesses owned |
21 |
| by persons with disabilities, as defined in the Business |
22 |
| Enterprise for Minorities, Females, and Persons with |
23 |
| Disabilities Act; and |
24 |
| (4) the total value of contracts awarded to minority |
25 |
| owned businesses, female owned businesses, and businesses |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| owned by persons with disabilities, as defined in the |
2 |
| Business Enterprise for Minorities, Females, and Persons |
3 |
| with Disabilities Act. |
4 |
| The report shall be made available to the public, including |
5 |
| publication on the school district's Internet website, if any.
|
6 |
| (105 ILCS 5/11E-35) |
7 |
| Sec. 11E-35. Petition filing. |
8 |
| (a) A petition shall be filed with the regional |
9 |
| superintendent of schools of the educational service region in |
10 |
| which the territory described in the petition or that part of |
11 |
| the territory with the greater percentage of equalized assessed |
12 |
| valuation is situated. The petition must do the following: |
13 |
| (1) be signed by at least 50 legal resident voters or |
14 |
| 10% of the legal resident voters, whichever is less, |
15 |
| residing within each affected district; or |
16 |
| (2) be approved by the school board in each affected |
17 |
| district. |
18 |
| (b) The petition shall contain all of the following: |
19 |
| (1) A request to submit the proposition at a regular |
20 |
| scheduled election for the purpose of voting: |
21 |
| (A) for or against a high school - unit conversion; |
22 |
| (B) for or against a unit to dual conversion; |
23 |
| (C) for or against the establishment of a combined |
24 |
| elementary district; |
25 |
| (D) for or against the establishment of a combined |
|
|
|
HB4151 |
- 40 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| high school district; |
2 |
| (E) for or against the establishment of a combined |
3 |
| unit district; |
4 |
| (F) for or against the establishment of a unit |
5 |
| district from dual district territory exclusively; |
6 |
| (G) for or against the establishment of a unit |
7 |
| district from both dual district and unit district |
8 |
| territory; |
9 |
| (H) for or against the establishment of a combined |
10 |
| high school - unit district from a combination of one |
11 |
| or more high school districts and one or more unit |
12 |
| districts; |
13 |
| (I) for or against the establishment of a combined |
14 |
| high school - unit district and one or more new |
15 |
| elementary districts through a multi-unit conversion;
|
16 |
| (J) for or against the establishment of an optional |
17 |
| elementary unit district from a combination of a |
18 |
| substantially coterminous dual district; or |
19 |
| (K) for or against dissolving and becoming part of |
20 |
| an optional elementary unit district. |
21 |
| (2) A description of the territory comprising the |
22 |
| districts proposed to be dissolved and those to be created, |
23 |
| which, for an entire district, may be a general reference |
24 |
| to all of the territory included within that district. |
25 |
| (3) A specification of the maximum tax rates for |
26 |
| various purposes the proposed district or districts shall |
|
|
|
HB4151 |
- 41 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| be authorized to levy for various purposes and, if |
2 |
| applicable, the specifications related to the Property Tax |
3 |
| Extension Limitation Law, in accordance with Section |
4 |
| 11E-80 of this Code. |
5 |
| (4) A description of how supplementary State deficit |
6 |
| difference payments made under subsection (c) of Section |
7 |
| 11E-135 of this Code will be allocated among the new |
8 |
| districts proposed to be formed. |
9 |
| (5) Where applicable, a division of assets and |
10 |
| liabilities to be allocated to the proposed new or annexing |
11 |
| school district or districts in the manner provided in |
12 |
| Section 11E-105 of this Code. |
13 |
| (6) If desired, a request that at that same election as |
14 |
| the reorganization proposition a school board or boards be |
15 |
| elected on a separate ballot or ballots to serve as the |
16 |
| school board or boards of the proposed new district or |
17 |
| districts. Any election of board members at the same |
18 |
| election at which the proposition to create the district or |
19 |
| districts to be served by the board or boards is submitted |
20 |
| to the voters shall proceed under the supervision of the |
21 |
| regional superintendent of schools as provided in Section |
22 |
| 11E-55 of this Code. |
23 |
| (7) If desired, a request that the referendum at which |
24 |
| the proposition is submitted for the purpose of voting for |
25 |
| or against the establishment of a unit district (other than |
26 |
| a partial elementary unit district) include as part of the |
|
|
|
HB4151 |
- 42 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| proposition the election of board members by school board |
2 |
| district rather than at large. Any petition requesting the |
3 |
| election of board members by district shall divide the |
4 |
| proposed school district into 7 school board districts, |
5 |
| each of which must be compact and contiguous and |
6 |
| substantially equal in population to each other school |
7 |
| board district. Any election of board members by school |
8 |
| board district shall proceed under the supervision of the |
9 |
| regional superintendent of schools as provided in Section |
10 |
| 11E-55 of this Code. |
11 |
| (8) If desired, a request that the referendum at which |
12 |
| the proposition is submitted for the purpose of voting for |
13 |
| or against the establishment of a unit to dual conversion |
14 |
| include as part of the proposition the election of board |
15 |
| members for the new high school district (i) on an at large |
16 |
| basis, (ii) with board members representing each of the |
17 |
| forming elementary school districts, or (iii) a |
18 |
| combination of both. The format for the election of the new |
19 |
| high school board must be defined in the petition. When 4 |
20 |
| or more unit school districts and a combination of board |
21 |
| members representing each of the forming elementary school |
22 |
| districts are involved and at large formats are used, one |
23 |
| member must be elected from each of the forming elementary |
24 |
| school districts. The remaining members may be elected on |
25 |
| an at large basis, provided that none of the underlying |
26 |
| elementary school districts have a majority on the |
|
|
|
HB4151 |
- 43 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| resulting high school board. When 3 unit school districts |
2 |
| and a combination of board members representing each of the |
3 |
| forming elementary school districts are involved and at |
4 |
| large formats are used, 2 members must be elected from each |
5 |
| of the forming elementary school districts. The remaining |
6 |
| member must be elected at large. |
7 |
| (9) If desired, a request that the referendum at which |
8 |
| the proposition shall be submitted include a proposition on |
9 |
| a separate ballot authorizing the issuance of bonds by the |
10 |
| district or districts when organized in accordance with |
11 |
| this Article. However, if the petition is submitted for the |
12 |
| purpose of voting for or against the establishment of an |
13 |
| optional elementary unit district, the petition may |
14 |
| request only that the referendum at which the proposition |
15 |
| is submitted include a proposition on a separate ballot |
16 |
| authorizing the issuance of bonds for high school purposes |
17 |
| (and not elementary purposes) by the district when |
18 |
| organized in accordance with this Article. The principal |
19 |
| amount of the bonds and the purposes of issuance, including |
20 |
| a specification of elementary or high school purposes if |
21 |
| the proposed issuance is to be made by a combined high |
22 |
| school - unit district, shall be stated in the petition and |
23 |
| in all notices and propositions submitted thereunder. Only |
24 |
| residents in the territory of the district proposing the |
25 |
| bond issuance may vote on the bond issuance.
|
26 |
| (10) A designation of a committee of ten of the |
|
|
|
HB4151 |
- 44 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| petitioners as attorney in fact for all petitioners, any 7 |
2 |
| of whom may at any time, prior to the final decision of the |
3 |
| regional superintendent of schools, amend the petition in |
4 |
| all respects (except that, for a unit district formation, |
5 |
| there may not be an increase or decrease of more than 25% |
6 |
| of the territory to be included in the proposed district) |
7 |
| and make binding stipulations on behalf of all petitioners |
8 |
| as to any question with respect to the petition, including |
9 |
| the power to stipulate to accountings or the waiver thereof |
10 |
| between school districts. |
11 |
| (c) The regional superintendent of schools shall not accept |
12 |
| for filing under the authority of this Section any petition |
13 |
| that includes any territory already included as part of the |
14 |
| territory described in another pending petition filed under the |
15 |
| authority of this Section. |
16 |
| (d)(1) Those designated as the Committee of Ten shall serve |
17 |
| in that capacity until such time as the regional superintendent |
18 |
| of schools determines that, because of death, resignation, |
19 |
| transfer of residency from the territory, failure to qualify, |
20 |
| or any other reason, the office of a particular member of the |
21 |
| Committee of Ten is vacant. Upon determination by the regional |
22 |
| superintendent of schools that these vacancies exist, he or she |
23 |
| shall declare the vacancies and shall notify the remaining |
24 |
| members to appoint a petitioner or petitioners, as the case may |
25 |
| be, to fill the vacancies in the Committee of Ten so |
26 |
| designated. An appointment by the Committee of Ten to fill a |
|
|
|
HB4151 |
- 45 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| vacancy shall be made by a simple majority vote of the |
2 |
| designated remaining members. |
3 |
| (2) Failure of a person designated as a member of the |
4 |
| Committee of Ten to sign the petition shall not disqualify that |
5 |
| person as a member of the Committee of Ten, and that person may |
6 |
| sign the petition at any time prior to final disposition of the |
7 |
| petition and the conclusion of the proceedings to form a new |
8 |
| school district or districts, including all litigation |
9 |
| pertaining to the petition or proceedings. |
10 |
| (3) Except as stated in item (10) of subsection (b) of this |
11 |
| Section, the Committee of Ten shall act by majority vote of the |
12 |
| membership. |
13 |
| (4) The regional superintendent of schools may accept a |
14 |
| stipulation made by the Committee of Ten instead of evidence or |
15 |
| proof of the matter stipulated or may refuse to accept the |
16 |
| stipulation, provided that the regional superintendent sets |
17 |
| forth the basis for the refusal. |
18 |
| (5) The Committee of Ten may voluntarily dismiss its |
19 |
| petition at any time before the petition is approved by either |
20 |
| the regional superintendent of schools or State Superintendent |
21 |
| of Education.
|
22 |
| (Source: P.A. 94-1019, eff. 7-10-06.) |
23 |
| (105 ILCS 5/11E-40) |
24 |
| Sec. 11E-40. Notice and petition amendments.
|
25 |
| (a) Upon the filing of a petition with the regional |
|
|
|
HB4151 |
- 46 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| superintendent of schools as provided in Section 11E-35 of this |
2 |
| Code, the regional superintendent shall do all of the |
3 |
| following: |
4 |
| (1) Cause a copy of the petition to be given to each |
5 |
| school board of the affected districts and the regional |
6 |
| superintendent of schools of any other educational service |
7 |
| region in which territory described in the petition is |
8 |
| situated. |
9 |
| (2) Cause a notice thereof to be published at least |
10 |
| once each week for 3 successive weeks in at least one |
11 |
| newspaper having general circulation within the area of all |
12 |
| of the territory of the proposed district or districts. The |
13 |
| expense of publishing the notice shall be borne by the |
14 |
| petitioners and paid on behalf of the petitioners by the |
15 |
| Committee of Ten. |
16 |
| (b) The notice shall state all of the following: |
17 |
| (1) When and to whom the petition was presented. |
18 |
| (2) The prayer of the petition. |
19 |
| (3) A description of the territory comprising the |
20 |
| districts proposed to be dissolved and those to be created, |
21 |
| which, for an entire district, may be a general reference |
22 |
| to all of the territory included within that district. |
23 |
| (4) If applicable, the proposition to elect, by |
24 |
| separate ballot, school board members at the same election, |
25 |
| indicating whether the board members are to be elected at |
26 |
| large or by school board district. |
|
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| (5) If requested in the petition, the proposition to |
2 |
| issue bonds, indicating the amount and purpose thereof. |
3 |
| (6) The day , time, and location on which the hearing on |
4 |
| the action proposed in the petition shall be held. |
5 |
| (c) The requirements of subsection (g) of Section 28-2 of |
6 |
| the Election Code do not apply to any petition filed under this |
7 |
| Article. Notwithstanding any provision to the contrary |
8 |
| contained in the Election Code, the regional superintendent of |
9 |
| schools shall make all determinations regarding the validity of |
10 |
| the petition, including without limitation signatures on the |
11 |
| petition, subject to State Superintendent and administrative |
12 |
| review in accordance with Section 11E-50 of this Code. |
13 |
| (d) Prior to the hearing described in Section 11E-45 of |
14 |
| this Code, the regional superintendent of schools shall inform |
15 |
| the Committee of Ten as to whether the petition, as amended or |
16 |
| filed, is proper and in compliance with all applicable petition |
17 |
| requirements set forth in the Election Code. If the regional |
18 |
| superintendent determines that the petition is not in proper |
19 |
| order or not in compliance with any applicable petition |
20 |
| requirements set forth in the Election Code, the regional |
21 |
| superintendent must identify the specific alleged defects in |
22 |
| the petition and include specific recommendations to cure the |
23 |
| alleged defects. The Committee of Ten may amend the petition to |
24 |
| cure the alleged defects at any time prior to the receipt of |
25 |
| the regional superintendent's written order made in accordance |
26 |
| with subsection (a) of Section 11E-50 of this Code or may elect |
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| not to amend the petition, in which case the Committee of Ten |
2 |
| may appeal a denial by the regional superintendent following |
3 |
| the hearing in accordance with Section 11E-50 of this Code.
|
4 |
| (Source: P.A. 94-1019, eff. 7-10-06.) |
5 |
| (105 ILCS 5/11E-45) |
6 |
| Sec. 11E-45. Hearing. |
7 |
| (a) No more than 15 days after the last date on which the |
8 |
| required notice under Section 11E-40 of this Code is published, |
9 |
| the regional superintendent of schools with whom the petition |
10 |
| is required to be filed shall hold a hearing on the petition. |
11 |
| Prior to the hearing, the Committee of Ten shall submit to the |
12 |
| regional superintendent maps showing the districts involved |
13 |
| and any other information deemed pertinent by the Committee of |
14 |
| Ten to the proposed action. The regional superintendent of |
15 |
| schools may adjourn the hearing from time to time or may |
16 |
| continue the matter for want of sufficient notice or other good |
17 |
| cause. |
18 |
| (b) At the hearing, the regional superintendent of schools |
19 |
| shall allow public testimony on the action proposed in the |
20 |
| petition. The Committee of Ten
regional superintendent shall |
21 |
| present, or arrange for the presentation of all of the |
22 |
| following: |
23 |
| (1) Evidence as to the school needs and conditions in |
24 |
| the territory described in the petition and the area |
25 |
| adjacent thereto. |
|
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HB4151 |
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LRB095 13975 RAS 39788 b |
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1 |
| (2) Evidence with respect to the ability of the |
2 |
| proposed district or districts to meet standards of |
3 |
| recognition as prescribed by the State Board of Education. |
4 |
| (3) A consideration of the division of funds and assets |
5 |
| that will occur if the petition is approved. |
6 |
| (4) A description of the maximum tax rates the proposed |
7 |
| district or districts is authorized to levy for various |
8 |
| purposes and, if applicable, the specifications related to |
9 |
| the Property Tax Extension Limitation Law, in accordance |
10 |
| with Section 11E-80 of this Code. |
11 |
| (c) Any regional superintendent of schools entitled under |
12 |
| the provisions of this Article to be given a copy of the |
13 |
| petition and any resident or representative of a school |
14 |
| district in which
any territory described in the petition is |
15 |
| situated may appear in person or by an attorney at law to |
16 |
| provide oral or written testimony or both in relation to the |
17 |
| action proposed in the petition. |
18 |
| (d) The regional superintendent of schools shall arrange |
19 |
| for a written transcript of the hearing. The expense of the |
20 |
| written transcript shall be borne by the petitioners and paid |
21 |
| on behalf of the petitioners by the Committee of Ten.
|
22 |
| (Source: P.A. 94-1019, eff. 7-10-06.) |
23 |
| (105 ILCS 5/11E-50) |
24 |
| Sec. 11E-50. Approval or denial of the petition; |
25 |
| administrative review. |
|
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| (a) Within 14 days after the conclusion of the hearing |
2 |
| under Section 11E-45 of this Code, the regional superintendent |
3 |
| of schools shall take into consideration the school needs and |
4 |
| conditions of the affected districts and in the area adjacent |
5 |
| thereto, the division of funds and assets that will result from |
6 |
| the action described in the petition, the best interests of the |
7 |
| schools of the area, and the best interests and the educational |
8 |
| welfare of the pupils residing therein and, through a written |
9 |
| order, either approve or deny the petition. If the regional |
10 |
| superintendent fails to act upon a petition within 14 days |
11 |
| after the conclusion of the hearing, the regional |
12 |
| superintendent shall be deemed to have denied the petition. |
13 |
| (b) Upon approving or denying the petition, the regional |
14 |
| superintendent of schools shall submit the petition and all |
15 |
| evidence to the State Superintendent of Education.
The State |
16 |
| Superintendent shall review the petition, the record of the |
17 |
| hearing, and the written order of the regional superintendent, |
18 |
| if any. Within 21 days after the receipt of the regional |
19 |
| superintendent's decision, the State Superintendent shall take |
20 |
| into consideration the school needs and conditions of the |
21 |
| affected districts and in the area adjacent thereto, the |
22 |
| division of funds and assets that will result from the action |
23 |
| described in the petition, the best interests of the schools of |
24 |
| the area, and the best interests and the educational welfare of |
25 |
| the pupils residing therein and, through a written order, |
26 |
| either approve or deny the petition. If the State |
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| Superintendent denies the petition, the State Superintendent |
2 |
| shall set forth in writing the specific basis for the denial. |
3 |
| The decision of the State Superintendent shall be deemed an |
4 |
| administrative decision as defined in Section 3-101 of the Code |
5 |
| of Civil Procedure. The State Superintendent shall provide a |
6 |
| copy of the decision by certified mail, return receipt |
7 |
| requested, to the Committee of Ten, any person appearing in |
8 |
| support or opposition of the petition at the hearing, each |
9 |
| school board of a district in which territory described in the |
10 |
| petition is situated, the regional superintendent with whom the |
11 |
| petition was filed, and the regional superintendent of schools |
12 |
| of any other educational service region in which territory |
13 |
| described in the petition is situated. |
14 |
| (c) Any resident of any territory described in the petition |
15 |
| who appears in support of or opposition to the petition at the |
16 |
| hearing or any petitioner or school board of any district in |
17 |
| which territory described in the petition is situated
may, |
18 |
| within 35 days after a copy of the decision sought to be |
19 |
| reviewed was served by certified mail, return receipt |
20 |
| requested, upon the party affected thereby or upon the attorney |
21 |
| of record for the party, apply for a review of an |
22 |
| administrative decision of the State Superintendent of |
23 |
| Education in accordance with the Administrative Review Law and |
24 |
| any rules adopted pursuant to the Administrative Review Law. |
25 |
| The commencement of any action for review shall operate as a |
26 |
| supersedeas
supersedes , and no further proceedings shall be had |
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| until final disposition of the review. The circuit court of the |
2 |
| county in which the petition is filed with the regional |
3 |
| superintendent of schools shall have sole jurisdiction to |
4 |
| entertain a complaint for the review.
|
5 |
| (Source: P.A. 94-1019, eff. 7-10-06.) |
6 |
| (105 ILCS 5/11E-65) |
7 |
| Sec. 11E-65. Passage requirements. |
8 |
| (a) Except as otherwise provided in subsections (b) and (c) |
9 |
| of this Section, if a majority of the electors voting at the |
10 |
| election in each affected district vote in favor of the |
11 |
| proposition submitted to them, then the proposition shall be |
12 |
| deemed to have passed. |
13 |
| (b) In the case of an optional elementary unit district to |
14 |
| be created as provided in subsection (c) of Section 11E-30 of |
15 |
| this Code, if a majority of the electors voting in the high |
16 |
| school district and a majority of the voters voting in at least |
17 |
| one affected elementary district vote in favor of the |
18 |
| proposition submitted to them, then the proposition shall be |
19 |
| deemed to have passed and an optional elementary unit district |
20 |
| shall be created for all of the territory included in the |
21 |
| petition for high school purposes, and for the territory |
22 |
| included in the affected elementary districts voting in favor |
23 |
| of the proposition for elementary purposes. |
24 |
| (c) In the case of an elementary district electing to join |
25 |
| an optional elementary unit district in accordance with |
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| subsection (d) of Section 11E-30 of this Code, a majority of |
2 |
| the electors voting in that elementary district only must vote |
3 |
| in favor of the proposition at a regularly scheduled election. |
4 |
| (d)(1) If a majority of the voters in at least 2 unit |
5 |
| districts have voted in favor of a proposition to create a new |
6 |
| unit district, but the proposition was not approved under the |
7 |
| standards set forth in subsection (a) of this Section, then the |
8 |
| members of the Committee of Ten shall submit an amended |
9 |
| petition for consolidation to the school boards of those |
10 |
| districts, as long as the territory involved is compact and |
11 |
| contiguous. The petition submitted to the school boards shall |
12 |
| be identical in form and substance to the petition previously |
13 |
| approved by the regional superintendent of schools, with the |
14 |
| sole exception that the territory comprising the proposed |
15 |
| district shall be amended to include the compact and contiguous |
16 |
| territory of those unit districts in which a majority of the |
17 |
| voters voted in favor of the proposal. |
18 |
| (2) Each school board to which the petition is submitted |
19 |
| shall meet and vote to approve or not approve the amended |
20 |
| petition no more than 30 days after it has been filed with the |
21 |
| school board. The regional superintendent of schools shall make |
22 |
| available to each school board with which a petition has been |
23 |
| filed all transcripts and records of the previous petition |
24 |
| hearing. The school boards shall, by appropriate resolution, |
25 |
| approve or disapprove the amended petition. No school board may |
26 |
| approve an amended petition unless it first finds that the |
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HB4151 |
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LRB095 13975 RAS 39788 b |
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1 |
| territory described in the petition is compact and contiguous. |
2 |
| (3) If a majority of the members of each school board to |
3 |
| whom a petition is submitted votes in favor of the amended |
4 |
| petition, then the approved petition shall be transmitted by |
5 |
| the secretary of each school board to the State Superintendent |
6 |
| of Education, who shall, within 21
30 days after receipt, |
7 |
| approve or deny the amended petition based on the criteria |
8 |
| stated in subsection (b) of Section 11E-50 of this Code. If |
9 |
| approved by the State Superintendent of Education, the petition |
10 |
| shall be placed on the ballot at the next regularly scheduled |
11 |
| election.
|
12 |
| (Source: P.A. 94-1019, eff. 7-10-06.) |
13 |
| (105 ILCS 5/11E-135) |
14 |
| Sec. 11E-135. Incentives. For districts reorganizing under |
15 |
| this Article and for a district or districts that annex all of |
16 |
| the territory of one or more entire other school districts in |
17 |
| accordance with Article 7 of this Code, the following payments |
18 |
| shall be made from appropriations made for these purposes: |
19 |
| (a)(1) For a combined school district, as defined in |
20 |
| Section 11E-20 of this Code, or for a unit district, as defined |
21 |
| in Section 11E-25 of this Code, for its first year of |
22 |
| existence, the general State aid and supplemental general State |
23 |
| aid calculated under Section 18-8.05 of this Code shall be |
24 |
| computed for the new district and for the previously existing |
25 |
| districts for which property is totally included within the new |
|
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| district. If the computation on the basis of the previously |
2 |
| existing districts is greater, a supplementary payment equal to |
3 |
| the difference shall be made for the first 4 years of existence |
4 |
| of the new district. |
5 |
| (2) For a school district that annexes all of the territory |
6 |
| of one or more entire other school districts as defined in |
7 |
| Article 7 of this Code, for the first year during which the |
8 |
| change of boundaries attributable to the annexation becomes |
9 |
| effective for all purposes, as determined under Section 7-9 of |
10 |
| this Code, the general State aid and supplemental general State |
11 |
| aid calculated under Section 18-8.05 of this Code shall be |
12 |
| computed for the annexing district as constituted after the |
13 |
| annexation and for the annexing and each annexed district as |
14 |
| constituted prior to the annexation; and if the computation on |
15 |
| the basis of the annexing and annexed districts as constituted |
16 |
| prior to the annexation is greater, then a supplementary |
17 |
| payment equal to the difference shall be made for the first 4 |
18 |
| years of existence of the annexing school district as |
19 |
| constituted upon the annexation. |
20 |
| (3) For 2 or more school districts that annex all of the |
21 |
| territory of one or more entire other school districts, as |
22 |
| defined in Article 7 of this Code, for the first year during |
23 |
| which the change of boundaries attributable to the annexation |
24 |
| becomes effective for all purposes, as determined under Section |
25 |
| 7-9 of this Code, the general State aid and supplemental |
26 |
| general State aid calculated under Section 18-8.05 of this Code |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| shall be computed for each annexing district as constituted |
2 |
| after the annexation and for each annexing and annexed district |
3 |
| as constituted prior to the annexation; and if the aggregate of |
4 |
| the general State aid and supplemental general State aid as so |
5 |
| computed for the annexing districts as constituted after the |
6 |
| annexation is less than the aggregate of the general State aid |
7 |
| and supplemental general State aid as so computed for the |
8 |
| annexing and annexed districts, as constituted prior to the |
9 |
| annexation, then a supplementary payment equal to the |
10 |
| difference shall be made and allocated between or among the |
11 |
| annexing districts, as constituted upon the annexation, for the |
12 |
| first 4 years of their existence. The total difference payment |
13 |
| shall be allocated between or among the annexing districts in |
14 |
| the same ratio as the pupil enrollment from that portion of the |
15 |
| annexed district or districts that is annexed to each annexing |
16 |
| district bears to the total pupil enrollment from the entire |
17 |
| annexed district or districts, as such pupil enrollment is |
18 |
| determined for the school year last ending prior to the date |
19 |
| when the change of boundaries attributable to the annexation |
20 |
| becomes effective for all purposes. The amount of the total |
21 |
| difference payment and the amount thereof to be allocated to |
22 |
| the annexing districts shall be computed by the State Board of |
23 |
| Education on the basis of pupil enrollment and other data that |
24 |
| shall be certified to the State Board of Education, on forms |
25 |
| that it shall provide for that purpose, by the regional |
26 |
| superintendent of schools for each educational service region |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| in which the annexing and annexed districts are located. |
2 |
| (4) For a school district conversion, as defined in Section |
3 |
| 11E-15 of this Code, or a multi-unit conversion, as defined in |
4 |
| subsection (b) of Section 11E-30 of this Code, if in their |
5 |
| first year of existence the newly created elementary districts |
6 |
| and the newly created high school district, from a school |
7 |
| district conversion, or the newly created elementary district |
8 |
| or districts and newly created combined high school - unit |
9 |
| district, from a multi-unit conversion, qualify for less |
10 |
| general State aid under Section 18-8.05 of this Code than would |
11 |
| have been payable under Section 18-8.05 for that same year to |
12 |
| the previously existing districts, then a supplementary |
13 |
| payment equal to that difference shall be made for the first 4 |
14 |
| years of existence of the newly created districts. The |
15 |
| aggregate amount of each supplementary payment shall be |
16 |
| allocated among the newly created districts in the proportion |
17 |
| that the deemed pupil enrollment in each district during its |
18 |
| first year of existence bears to the actual aggregate pupil |
19 |
| enrollment in all of the districts during their first year of |
20 |
| existence. For purposes of each allocation: |
21 |
| (A) the deemed pupil enrollment of the newly created |
22 |
| high school district from a school district conversion |
23 |
| shall be an amount equal to its actual pupil enrollment for |
24 |
| its first year of existence multiplied by 1.25; |
25 |
| (B) the deemed pupil enrollment of each newly created |
26 |
| elementary district from a school district conversion |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| shall be an amount equal to its actual pupil enrollment for |
2 |
| its first year of existence reduced by an amount equal to |
3 |
| the product obtained when the amount by which the newly |
4 |
| created high school district's deemed pupil enrollment |
5 |
| exceeds its actual pupil enrollment for its first year of |
6 |
| existence is multiplied by a fraction, the numerator of |
7 |
| which is the actual pupil enrollment of the newly created |
8 |
| elementary district for its first year of existence and the |
9 |
| denominator of which is the actual aggregate pupil |
10 |
| enrollment of all of the newly created elementary districts |
11 |
| for their first year of existence; |
12 |
| (C) the deemed high school pupil enrollment of the |
13 |
| newly created combined high school - unit district from a |
14 |
| multi-unit conversion shall be an amount equal to its |
15 |
| actual grades 9 through 12 pupil enrollment for its first |
16 |
| year of existence multiplied by 1.25; and |
17 |
| (D) the deemed elementary pupil enrollment of each |
18 |
| newly created district from a multi-unit conversion shall |
19 |
| be an amount equal to each district's actual grade K |
20 |
| through 8 pupil enrollment for its first year of existence, |
21 |
| reduced by an amount equal to the product obtained when the |
22 |
| amount by which the newly created combined high school - |
23 |
| unit district's deemed high school pupil enrollment |
24 |
| exceeds its actual grade 9 through 12 pupil enrollment for |
25 |
| its first year of existence is multiplied by a fraction, |
26 |
| the numerator of which is the actual grade K through 8 |
|
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|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| pupil enrollment of each newly created district for its |
2 |
| first year of existence and the denominator of which is the |
3 |
| actual aggregate grade K through 8 pupil enrollment of all |
4 |
| such newly created districts for their first year of |
5 |
| existence. |
6 |
|
The aggregate amount of each supplementary payment under |
7 |
| this subdivision (4) and the amount thereof to be allocated to |
8 |
| the newly created districts shall be computed by the State |
9 |
| Board of Education on the basis of pupil enrollment and other |
10 |
| data, which shall be certified to the State Board of Education, |
11 |
| on forms that it shall provide for that purpose, by the |
12 |
| regional superintendent of schools for each educational |
13 |
| service region in which the newly created districts are |
14 |
| located.
|
15 |
| (5) For a partial elementary unit district, as defined in |
16 |
| subsection (a) or (c) of Section 11E-30 of this Code, if, in |
17 |
| the first year of existence, the newly created partial |
18 |
| elementary unit district qualifies for less general State aid |
19 |
| and supplemental general State aid under Section 18-8.05 of |
20 |
| this Code than would have been payable under that Section for |
21 |
| that same year to the previously existing districts that formed |
22 |
| the partial elementary unit district, then a supplementary |
23 |
| payment equal to that difference shall be made to the partial |
24 |
| elementary unit district for the first 4 years of existence of |
25 |
| that newly created district. |
26 |
| (6) For an elementary opt-in, as described in subsection |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| (d) of Section 11E-30 of this Code, the general State aid |
2 |
| difference shall be computed in accordance with paragraph (5) |
3 |
| of this subsection (a) as if the elementary opt-in was included |
4 |
| in an optional elementary unit district at the optional |
5 |
| elementary unit district's original effective date. If the |
6 |
| calculation in this paragraph (6) is less than that calculated |
7 |
| in paragraph (5) of this subsection (a) at the optional |
8 |
| elementary unit district's original effective date, then no |
9 |
| adjustments may be made. If the calculation in this paragraph |
10 |
| (6) is more than that calculated in paragraph (5) of this |
11 |
| subsection (a) at the optional elementary unit district's |
12 |
| original effective date, then the excess must be paid as |
13 |
| follows: |
14 |
| (A) If the effective date for the elementary opt-in is |
15 |
| one year after the effective date for the optional |
16 |
| elementary unit district, 100% of the calculated excess |
17 |
| shall be paid to the optional elementary unit district in |
18 |
| each of the first 4 years after the effective date of the |
19 |
| elementary opt-in. |
20 |
| (B) If the effective date for the elementary opt-in is |
21 |
| 2 years after the effective date for the optional |
22 |
| elementary unit district, 75% of the calculated excess |
23 |
| shall be paid to the optional elementary unit district in |
24 |
| each of the first 4 years after the effective date of the |
25 |
| elementary opt-in. |
26 |
| (C) If the effective date for the elementary opt-in is |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| 3 years after the effective date for the optional |
2 |
| elementary unit district, 50% of the calculated excess |
3 |
| shall be paid to the optional elementary unit district in |
4 |
| each of the first 4 years after the effective date of the |
5 |
| elementary opt-in. |
6 |
| (D) If the effective date for the elementary opt-in is |
7 |
| 4 years after the effective date for the optional |
8 |
| elementary unit district, 25% of the calculated excess |
9 |
| shall be paid to the optional elementary unit district in |
10 |
| each of the first 4 years after the effective date of the |
11 |
| elementary opt-in. |
12 |
| (E) If the effective date for the elementary opt-in is |
13 |
| 5 years after the effective date for the optional |
14 |
| elementary unit district, the optional elementary unit |
15 |
| district is not eligible for any additional incentives due |
16 |
| to the elementary opt-in. |
17 |
| (6.5) For a school district that annexes territory detached |
18 |
| from another school district whereby the enrollment of the |
19 |
| annexing district increases by 90% or more as a result of the |
20 |
| annexation, for the first year during which the change of |
21 |
| boundaries attributable to the annexation becomes effective |
22 |
| for all purposes as determined under Section 7-9 of this Code, |
23 |
| the general State aid and supplemental general State aid |
24 |
| calculated under this Section shall be computed for the |
25 |
| district gaining territory and the district losing territory as |
26 |
| constituted after the annexation and for the same districts as |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| constituted prior to the annexation; and if the aggregate of |
2 |
| the general State aid and supplemental general State aid as so |
3 |
| computed for the district gaining territory and the district |
4 |
| losing territory as constituted after the annexation is less |
5 |
| than the aggregate of the general State aid and supplemental |
6 |
| general State aid 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 this amendatory Act of the 95th |
20 |
| General Assembly are intended to be retroactive and applicable |
21 |
| to any annexation taking effect on or after July 1, 2004. For |
22 |
| annexations that are eligible for payments under this paragraph |
23 |
| (6.5) and that are effective on or after July 1, 2004, but |
24 |
| before the effective date of this amendatory Act of the 95th |
25 |
| General Assembly, the first required yearly payment under this |
26 |
| paragraph (6.5) shall be paid in the fiscal year of the |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| effective date of this amendatory Act of the 95th General |
2 |
| Assembly. Subsequent required yearly payments shall be paid in |
3 |
| subsequent fiscal years until the payment obligation under this |
4 |
| paragraph (6.5) is complete.
|
5 |
| (7) Claims for financial assistance under this subsection |
6 |
| (a) may not be recomputed except as expressly provided under |
7 |
| Section 18-8.05 of this Code. |
8 |
| (8) Any supplementary payment made under this subsection |
9 |
| (a) must be treated as separate from all other payments made |
10 |
| pursuant to Section 18-8.05 of this Code. |
11 |
| (b)(1) After the formation of a combined school district, |
12 |
| as defined in Section 11E-20 of this Code, or a unit district, |
13 |
| as defined in Section 11E-25 of this Code, a computation shall |
14 |
| be made to determine the difference between the salaries |
15 |
| effective in each of the previously existing districts on June |
16 |
| 30, prior to the creation of the new district. For the first 4 |
17 |
| years after the formation of the new district, a supplementary |
18 |
| State aid reimbursement shall be paid to the new district equal |
19 |
| to the difference between the sum of the salaries earned by |
20 |
| each of the certificated members of the new district, while |
21 |
| employed in one of the previously existing districts during the |
22 |
| year immediately preceding the formation of the new district, |
23 |
| and the sum of the salaries those certificated members would |
24 |
| have been paid during the year immediately prior to the |
25 |
| formation of the new district if placed on the salary schedule |
26 |
| of the previously existing district with the highest salary |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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1 |
| schedule. |
2 |
| (2) After the territory of one or more school districts is |
3 |
| annexed by one or more other school districts as defined in |
4 |
| Article 7 of this Code, a computation shall be made to |
5 |
| determine the difference between the salaries effective in each |
6 |
| annexed district and in the annexing district or districts as |
7 |
| they were each constituted on June 30 preceding the date when |
8 |
| the change of boundaries attributable to the annexation became |
9 |
| effective for all purposes, as determined under Section 7-9 of |
10 |
| this Code. For the first 4 years after the annexation, a |
11 |
| supplementary State aid reimbursement shall be paid to each |
12 |
| annexing district as constituted after the annexation equal to |
13 |
| the difference between the sum of the salaries earned by each |
14 |
| of the certificated members of the annexing district as |
15 |
| constituted after the annexation, while employed in an annexed |
16 |
| or annexing district during the year immediately preceding the |
17 |
| annexation, and the sum of the salaries those certificated |
18 |
| members would have been paid during the immediately preceding |
19 |
| year if placed on the salary schedule of whichever of the |
20 |
| annexing or annexed districts had the highest salary schedule |
21 |
| during the immediately preceding year. |
22 |
| (3) For each new high school district formed under a school |
23 |
| district conversion, as defined in Section 11E-15 of this Code, |
24 |
| the State shall make a supplementary payment for 4 years equal |
25 |
| to the difference between the sum of the salaries earned by |
26 |
| each certified member of the new high school district, while |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| employed in one of the previously existing districts, and the |
2 |
| sum of the salaries those certified members would have been |
3 |
| paid if placed on the salary schedule of the previously |
4 |
| existing district with the highest salary schedule. |
5 |
| (4) For each newly created partial elementary unit |
6 |
| district, the State shall make a supplementary payment for 4 |
7 |
| years equal to the difference between the sum of the salaries |
8 |
| earned by each certified member of the newly created partial |
9 |
| elementary unit district, while employed in one of the |
10 |
| previously existing districts that formed the partial |
11 |
| elementary unit district, and the sum of the salaries those |
12 |
| certified members would have been paid if placed on the salary |
13 |
| schedule of the previously existing district with the highest |
14 |
| salary schedule. The salary schedules used in the calculation |
15 |
| shall be those in effect in the previously existing districts |
16 |
| for the school year prior to the creation of the new partial |
17 |
| elementary unit district. |
18 |
| (5) For an elementary district opt-in, as described in |
19 |
| subsection (d) of Section 11E-30 of this Code, the salary |
20 |
| difference incentive shall be computed in accordance with |
21 |
| paragraph (4) of this subsection (b) as if the opted-in |
22 |
| elementary district was included in the optional elementary |
23 |
| unit district at the optional elementary unit district's |
24 |
| original effective date. If the calculation in this paragraph |
25 |
| (5) is less than that calculated in paragraph (4) of this |
26 |
| subsection (b) at the optional elementary unit district's |
|
|
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HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| original effective date, then no adjustments may be made. If |
2 |
| the calculation in this paragraph (5) is more than that |
3 |
| calculated in paragraph (4) of this subsection (b) at the |
4 |
| optional elementary unit district's original effective date, |
5 |
| then the excess must be paid as follows: |
6 |
| (A) If the effective date for the elementary opt-in is |
7 |
| one year after the effective date for the optional |
8 |
| elementary unit district, 100% of the calculated excess |
9 |
| shall be paid to the optional elementary unit district in |
10 |
| each of the first 4 years after the effective date of the |
11 |
| elementary opt-in. |
12 |
| (B) If the effective date for the elementary opt-in is |
13 |
| 2 years after the effective date for the optional |
14 |
| elementary unit district, 75% of the calculated excess |
15 |
| shall be paid to the optional elementary unit district in |
16 |
| each of the first 4 years 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 calculated excess |
21 |
| shall be paid to the optional elementary unit district in |
22 |
| each of the first 4 years after the effective date of the |
23 |
| elementary opt-in. |
24 |
| (D) If the effective date for the elementary opt-in is |
25 |
| 4 years after the effective date for the partial elementary |
26 |
| unit district, 25% of the calculated excess shall be paid |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| to the optional elementary unit district in each of the |
2 |
| first 4 years after the effective date of the elementary |
3 |
| opt-in. |
4 |
| (E) If the effective date for the elementary opt-in is |
5 |
| 5 years after the effective date for the optional |
6 |
| elementary unit district, the optional elementary unit |
7 |
| district is not eligible for any additional incentives due |
8 |
| to the elementary opt-in. |
9 |
| (5.5)
(b-5) After the formation of a cooperative high |
10 |
| school by 2 or more school districts under Section 10-22.22c of |
11 |
| this Code, a computation shall be made to determine the |
12 |
| difference between the salaries effective in each of the |
13 |
| previously existing high schools on June 30 prior to the |
14 |
| formation of the cooperative high school. For the first 4 years |
15 |
| after the formation of the cooperative high school, a |
16 |
| supplementary State aid reimbursement shall be paid to the |
17 |
| cooperative high school equal to the difference between the sum |
18 |
| of the salaries earned by each of the certificated members of |
19 |
| the cooperative high school while employed in one of the |
20 |
| previously existing high schools during the year immediately |
21 |
| preceding the formation of the cooperative high school and the |
22 |
| sum of the salaries those certificated members would have been |
23 |
| paid during the year immediately prior to the formation of the |
24 |
| cooperative high school if placed on the salary schedule of the |
25 |
| previously existing high school with the highest salary |
26 |
| schedule. |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| (5.10) After the annexation of territory detached from
|
2 |
| another school district whereby the enrollment of the annexing
|
3 |
| district increases by 90% or more as a result of the
|
4 |
| annexation, a computation shall be made to determine the
|
5 |
| difference between the salaries effective in the district
|
6 |
| gaining territory and the district losing territory as they
|
7 |
| each were constituted on June 30 preceding the date when the
|
8 |
| change of boundaries attributable to the annexation became
|
9 |
| effective for all purposes as determined under Section 7-9 of
|
10 |
| this Code. For the first 4 years after the annexation, a
|
11 |
| supplementary State aid reimbursement shall be paid to the
|
12 |
| annexing district equal to the difference between the sum of
|
13 |
| the salaries earned by each of the certificated members of the
|
14 |
| annexing district as constituted after the annexation while
|
15 |
| employed in the district gaining territory or the district
|
16 |
| losing territory during the year immediately preceding the
|
17 |
| annexation and the sum of the salaries those certificated
|
18 |
| members would have been paid during such immediately preceding
|
19 |
| year if placed on the salary schedule of whichever of the
|
20 |
| district gaining territory or district losing territory had the
|
21 |
| highest salary schedule during the immediately preceding year.
|
22 |
| To be eligible for supplementary State aid reimbursement under
|
23 |
| this Section, the intergovernmental agreement to be submitted
|
24 |
| pursuant to Section 7-14A of this Code must show that staff
|
25 |
| members were transferred from the control of the district
|
26 |
| losing territory to the control of the district gaining
|
|
|
|
HB4151 |
- 69 - |
LRB095 13975 RAS 39788 b |
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|
1 |
| territory in the annexation. The changes to this Section made
|
2 |
| by this amendatory Act of the 95th General Assembly are
|
3 |
| intended to be retroactive and applicable to any annexation
|
4 |
| taking effect on or after July 1, 2004. For annexations that |
5 |
| are eligible for payments under this paragraph (5.10) and that |
6 |
| are effective on or after July 1, 2004, but before the |
7 |
| effective date of this amendatory Act of the 95th General |
8 |
| Assembly, the first required yearly payment under this |
9 |
| paragraph (5.10) shall be paid in the fiscal year of the |
10 |
| effective date of this amendatory Act of the 95th General |
11 |
| Assembly. Subsequent required yearly payments shall be paid in |
12 |
| subsequent fiscal years until the payment obligation under this |
13 |
| paragraph (5.10) is complete.
|
14 |
| (5.15) After the deactivation of a school facility in |
15 |
| accordance with Section 10-22.22b of this Code, a computation |
16 |
| shall be made to determine the difference between the salaries |
17 |
| effective in the sending school district and each receiving |
18 |
| school district on June 30 prior to the deactivation of the |
19 |
| school facility. For the lesser of the first 4 years after the |
20 |
| deactivation of the school facility or the length of the |
21 |
| deactivation agreement, including any renewals of the original |
22 |
| deactivation agreement, a supplementary State aid |
23 |
| reimbursement shall be paid to each receiving district equal to |
24 |
| the difference between the sum of the salaries earned by each |
25 |
| of the certificated members transferred to that receiving |
26 |
| district as a result of the deactivation while employed in the |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| sending district during the year immediately preceding the |
2 |
| deactivation and the sum of the salaries those certificated |
3 |
| members would have been paid during the year immediately |
4 |
| preceding the deactivation if placed on the salary schedule of |
5 |
| the sending or receiving district with the highest salary |
6 |
| schedule.
|
7 |
| (6) The supplementary State aid reimbursement under this |
8 |
| subsection (b) shall be treated as separate from all other |
9 |
| payments made pursuant to Section 18-8.05 of this Code. In the |
10 |
| case of the formation of a new district or cooperative high |
11 |
| school or a deactivation , reimbursement shall begin during the |
12 |
| first year of operation of the new district or cooperative high |
13 |
| school or the first year of the deactivation , and in the case |
14 |
| of an annexation of the territory of one or more school |
15 |
| districts by one or more other school districts or the |
16 |
| annexation of territory detached from a school district whereby
|
17 |
| the enrollment of the annexing district increases by 90% or
|
18 |
| more as a result of the annexation , reimbursement shall begin |
19 |
| during the first year when the change in boundaries |
20 |
| attributable to the annexation or division becomes effective |
21 |
| for all purposes as determined pursuant to Section 7-9 of this |
22 |
| Code , except that for an annexation of territory detached from |
23 |
| a school district that is effective on or after July 1, 2004, |
24 |
| but before the effective date of this amendatory Act of the |
25 |
| 95th General Assembly, whereby the enrollment of the annexing |
26 |
| district increases by 90% or more as a result of the |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| annexation, reimbursement shall begin during the fiscal year of |
2 |
| the effective date of this amendatory Act of the 95th General |
3 |
| Assembly . Each year that the new, annexing, or receiving
|
4 |
| resulting district or cooperative high school, as the case may |
5 |
| be, is entitled to receive reimbursement, the number of |
6 |
| eligible certified members who are employed on October 1 in the |
7 |
| district or cooperative high school shall be certified to the |
8 |
| State Board of Education on prescribed forms by October 15 and |
9 |
| payment shall be made on or before November 15 of that year. |
10 |
| (c)(1) For the first year after the formation of a combined |
11 |
| school district, as defined in Section 11E-20 of this Code or a |
12 |
| unit district, as defined in Section 11E-25 of this Code, a |
13 |
| computation shall be made totaling each previously existing |
14 |
| district's audited fund balances in the educational fund, |
15 |
| working cash fund, operations and maintenance fund, and |
16 |
| transportation fund for the year ending June 30 prior to the |
17 |
| referendum for the creation of the new district. The new |
18 |
| district shall be paid supplementary State aid equal to the sum |
19 |
| of the differences between the deficit of the previously |
20 |
| existing district with the smallest deficit and the deficits of |
21 |
| each of the other previously existing districts. |
22 |
| (2) For the first year after the annexation of all of the |
23 |
| territory of one or more entire school districts by another |
24 |
| school district, as defined in Article 7 of this Code, |
25 |
| computations shall be made, for the year ending June 30 prior |
26 |
| to the date that the change of boundaries attributable to the |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| annexation is allowed by the affirmative decision issued by the |
2 |
| regional board of school trustees under Section 7-6 of this |
3 |
| Code, notwithstanding any effort to seek administrative review |
4 |
| of the decision, totaling the annexing district's and totaling |
5 |
| each annexed district's audited fund balances in their |
6 |
| respective educational, working cash, operations and |
7 |
| maintenance, and transportation funds. The annexing district |
8 |
| as constituted after the annexation shall be paid supplementary |
9 |
| State aid equal to the sum of the differences between the |
10 |
| deficit of whichever of the annexing or annexed districts as |
11 |
| constituted prior to the annexation had the smallest deficit |
12 |
| and the deficits of each of the other districts as constituted |
13 |
| prior to the annexation. |
14 |
| (3) For the first year after the annexation of all of the |
15 |
| territory of one or more entire school districts by 2 or more |
16 |
| other school districts, as defined by Article 7 of this Code, |
17 |
| computations shall be made, for the year ending June 30 prior |
18 |
| to the date that the change of boundaries attributable to the |
19 |
| annexation is allowed by the affirmative decision of the |
20 |
| regional board of school trustees under Section 7-6 of this |
21 |
| Code, notwithstanding any action for administrative review of |
22 |
| the decision, totaling each annexing and annexed district's |
23 |
| audited fund balances in their respective educational, working |
24 |
| cash, operations and maintenance, and transportation funds. |
25 |
| The annexing districts as constituted after the annexation |
26 |
| shall be paid supplementary State aid, allocated as provided in |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| this paragraph (3), in an aggregate amount equal to the sum of |
2 |
| the differences between the deficit of whichever of the |
3 |
| annexing or annexed districts as constituted prior to the |
4 |
| annexation had the smallest deficit and the deficits of each of |
5 |
| the other districts as constituted prior to the annexation. The |
6 |
| aggregate amount of the supplementary State aid payable under |
7 |
| this paragraph (3) shall be allocated between or among the |
8 |
| annexing districts as follows: |
9 |
| (A) the regional superintendent of schools for each |
10 |
| educational service region in which an annexed district is |
11 |
| located prior to the annexation shall certify to the State |
12 |
| Board of Education, on forms that it shall provide for that |
13 |
| purpose, the value of all taxable property in each annexed |
14 |
| district, as last equalized or assessed by the Department |
15 |
| of Revenue prior to the annexation, and the equalized |
16 |
| assessed value of each part of the annexed district that |
17 |
| was annexed to or included as a part of an annexing |
18 |
| district; |
19 |
| (B) using equalized assessed values as certified by the |
20 |
| regional superintendent of schools under clause (A) of this |
21 |
| paragraph (3), the combined audited fund balance deficit of |
22 |
| each annexed district as determined under this Section |
23 |
| shall be apportioned between or among the annexing |
24 |
| districts in the same ratio as the equalized assessed value |
25 |
| of that part of the annexed district that was annexed to or |
26 |
| included as a part of an annexing district bears to the |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| total equalized assessed value of the annexed district; and |
2 |
| (C) the aggregate supplementary State aid payment |
3 |
| under this paragraph (3) shall be allocated between or |
4 |
| among, and shall be paid to, the annexing districts in the |
5 |
| same ratio as the sum of the combined audited fund balance |
6 |
| deficit of each annexing district as constituted prior to |
7 |
| the annexation, plus all combined audited fund balance |
8 |
| deficit amounts apportioned to that annexing district |
9 |
| under clause (B) of this subsection, bears to the aggregate |
10 |
| of the combined audited fund balance deficits of all of the |
11 |
| annexing and annexed districts as constituted prior to the |
12 |
| annexation. |
13 |
| (4) For the new elementary districts and new high school |
14 |
| district formed through a school district conversion, as |
15 |
| defined in subsection (b) of Section 11E-15 of this Code or the |
16 |
| new elementary district or districts and new combined high |
17 |
| school - unit district formed through a multi-unit conversion, |
18 |
| as defined in subsection (b) of Section 11E-30 of this Code, a |
19 |
| computation shall be made totaling each previously existing |
20 |
| district's audited fund balances in the educational fund, |
21 |
| working cash fund, operations and maintenance fund, and |
22 |
| transportation fund for the year ending June 30 prior to the |
23 |
| referendum establishing the new districts. In the first year of |
24 |
| the new districts, the State shall make a one-time |
25 |
| supplementary payment equal to the sum of the differences |
26 |
| between the deficit of the previously existing district with |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| the smallest deficit and the deficits of each of the other |
2 |
| previously existing districts. A district with a combined |
3 |
| balance among the 4 funds that is positive shall be considered |
4 |
| to have a deficit of zero. The supplementary payment shall be |
5 |
| allocated among the newly formed high school and elementary |
6 |
| districts in the manner provided by the petition for the |
7 |
| formation of the districts, in the form in which the petition |
8 |
| is approved by the regional superintendent of schools or State |
9 |
| Superintendent of Education under Section 11E-50 of this Code. |
10 |
| (5) For each newly created partial elementary unit |
11 |
| district, as defined in subsection (a) or (c) of Section 11E-30 |
12 |
| of this Code, a computation shall be made totaling the audited |
13 |
| fund balances of each previously existing district that formed |
14 |
| the new partial elementary unit district in the educational |
15 |
| fund, working cash fund, operations and maintenance fund, and |
16 |
| transportation fund for the year ending June 30 prior to the |
17 |
| referendum for the formation of the partial elementary unit |
18 |
| district. In the first year of the new partial elementary unit |
19 |
| district, the State shall make a one-time supplementary payment |
20 |
| to the new district equal to the sum of the differences between |
21 |
| the deficit of the previously existing district with the |
22 |
| smallest deficit and the deficits of each of the other |
23 |
| previously existing districts. A district with a combined |
24 |
| balance among the 4 funds that is positive shall be considered |
25 |
| to have a deficit of zero. |
26 |
| (6) For an elementary opt-in as defined in subsection (d) |
|
|
|
HB4151 |
- 76 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| of Section 11E-30 of this Code, the deficit fund balance |
2 |
| incentive shall be computed in accordance with paragraph (5) of |
3 |
| this subsection (c) as if the opted-in elementary was included |
4 |
| in the optional elementary unit district at the optional |
5 |
| elementary unit district's original effective date. If the |
6 |
| calculation in this paragraph (6) is less than that calculated |
7 |
| in paragraph (5) of this subsection (c) at the optional |
8 |
| elementary unit district's original effective date, then no |
9 |
| adjustments may be made. If the calculation in this paragraph |
10 |
| (6) is more than that calculated in paragraph (5) of this |
11 |
| subsection (c) at the optional elementary unit district's |
12 |
| original effective date, then the excess must be paid as |
13 |
| follows: |
14 |
| (A) If the effective date for the elementary opt-in is |
15 |
| one year after the effective date for the optional |
16 |
| elementary unit district, 100% of the calculated excess |
17 |
| shall be paid to the optional elementary unit district in |
18 |
| the first year after the effective date of the elementary |
19 |
| opt-in. |
20 |
| (B) If the effective date for the elementary opt-in is |
21 |
| 2 years after the effective date for the optional |
22 |
| elementary unit district, 75% of the calculated excess |
23 |
| shall be paid to the optional elementary unit district in |
24 |
| the first year after the effective date of the elementary |
25 |
| opt-in. |
26 |
| (C) If the effective date for the elementary opt-in is |
|
|
|
HB4151 |
- 77 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| 3 years after the effective date for the optional |
2 |
| elementary unit district, 50% of the calculated excess |
3 |
| shall be paid to the optional elementary unit district in |
4 |
| the first year after the effective date of the elementary |
5 |
| opt-in. |
6 |
| (D) If the effective date for the elementary opt-in is |
7 |
| 4 years after the effective date for the optional |
8 |
| elementary unit district, 25% of the calculated excess |
9 |
| shall be paid to the optional elementary unit district in |
10 |
| the first year after the effective date of the elementary |
11 |
| opt-in. |
12 |
| (E) If the effective date for the elementary opt-in is |
13 |
| 5 years after the effective date for the optional |
14 |
| elementary unit district, the optional elementary unit |
15 |
| district is not eligible for any additional incentives due |
16 |
| to the elementary opt-in. |
17 |
| (6.5) For the first year after the annexation of territory
|
18 |
| detached from another school district whereby the enrollment of
|
19 |
| the annexing district increases by 90% or more as a result of
|
20 |
| the annexation, a computation shall be made totaling the
|
21 |
| audited fund balances of the district gaining territory and the
|
22 |
| audited fund balances of the district losing territory in the
|
23 |
| educational fund, working cash fund, operations and
|
24 |
| maintenance fund, and transportation fund for the year ending
|
25 |
| June 30 prior to the date that the change of boundaries
|
26 |
| attributable to the annexation is allowed by the affirmative
|
|
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| decision of the regional board of school trustees under Section
|
2 |
| 7-6 of this Code, notwithstanding any action for administrative
|
3 |
| review of the decision. The annexing district as constituted
|
4 |
| after the annexation shall be paid supplementary State aid
|
5 |
| equal to the difference between the deficit of whichever
|
6 |
| district included in this calculation as constituted prior to
|
7 |
| the annexation had the smallest deficit and the deficit of each
|
8 |
| other district included in this calculation as constituted
|
9 |
| prior to the annexation, multiplied by the ratio of equalized
|
10 |
| assessed value of the territory detached to the total equalized
|
11 |
| assessed value of the district losing territory. The regional
|
12 |
| superintendent of schools for the educational service region in
|
13 |
| which a district losing territory is located prior to the
|
14 |
| annexation shall certify to the State Board of Education the
|
15 |
| value of all taxable property in the district losing territory
|
16 |
| and the value of all taxable property in the territory being
|
17 |
| detached, as last equalized or assessed by the Department of
|
18 |
| Revenue prior to the annexation. To be eligible for
|
19 |
| supplementary State aid reimbursement under this Section, the
|
20 |
| intergovernmental agreement to be submitted pursuant to
|
21 |
| Section 7-14A of this Code must show that fund balances were
|
22 |
| transferred from the district losing territory to the district
|
23 |
| gaining territory in the annexation. The changes to this
|
24 |
| Section made by this amendatory Act of the 95th General
|
25 |
| Assembly are intended to be retroactive and applicable to any
|
26 |
| annexation taking effect on or after July 1, 2004. For |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| annexations that are eligible for payments under this paragraph |
2 |
| (6.5) and that are effective on or after July 1, 2004, but |
3 |
| before the effective date of this amendatory Act of the 95th |
4 |
| General Assembly, the required payment under this paragraph |
5 |
| (6.5) shall be paid in the fiscal year of the effective date of |
6 |
| this amendatory Act of the 95th General Assembly.
|
7 |
| (7) For purposes of any calculation required under |
8 |
| paragraph (1), (2), (3), (4), (5), or (6) , or (6.5) of this |
9 |
| subsection (c), a district with a combined fund balance that is |
10 |
| positive shall be considered to have a deficit of zero. For |
11 |
| purposes of determining each district's audited fund balances |
12 |
| in its educational fund, working cash fund, operations and |
13 |
| maintenance fund, and transportation fund for the specified |
14 |
| year ending June 30, as provided in paragraphs (1), (2), (3), |
15 |
| (4), (5), and (6) , and (6.5) of this subsection (c), the |
16 |
| balance of each fund shall be deemed decreased by an amount |
17 |
| equal to the amount of the annual property tax theretofore |
18 |
| levied in the fund by the district for collection and payment |
19 |
| to the district during the calendar year in which the June 30 |
20 |
| fell, but only to the extent that the tax so levied in the fund |
21 |
| actually was received by the district on or before or comprised |
22 |
| a part of the fund on such June 30. For purposes of determining |
23 |
| each district's audited fund balances, a calculation shall be |
24 |
| made for each fund to determine the average for the 3 years |
25 |
| prior to the specified year ending June 30, as provided in |
26 |
| paragraphs (1), (2), (3), (4), (5), and (6) , and (6.5) of this |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
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| subsection (c), of the district's expenditures in the |
2 |
| categories "purchased services", "supplies and materials", and |
3 |
| "capital outlay", as those categories are defined in rules of |
4 |
| the State Board of Education. If this 3-year average is less |
5 |
| than the district's expenditures in these categories for the |
6 |
| specified year ending June 30, as provided in paragraphs (1), |
7 |
| (2), (3), (4), (5), and (6) , and (6.5) of this subsection (c), |
8 |
| then the 3-year average shall be used in calculating the |
9 |
| amounts payable under this Section in place of the amounts |
10 |
| shown in these categories for the specified year ending June |
11 |
| 30, as provided in paragraphs (1), (2), (3), (4), (5), and (6) , |
12 |
| and (6.5) of this subsection (c). Any deficit because of State |
13 |
| aid not yet received may not be considered in determining the |
14 |
| June 30 deficits. The same basis of accounting shall be used by |
15 |
| all previously existing districts and by all annexing or |
16 |
| annexed districts, as constituted prior to the annexation, in |
17 |
| making any computation required under paragraphs (1), (2), (3), |
18 |
| (4), (5), and (6) , and (6.5) of this subsection (c). |
19 |
| (8) The supplementary State aid payments under this |
20 |
| subsection (c) shall be treated as separate from all other |
21 |
| payments made pursuant to Section 18-8.05 of this Code. |
22 |
| (d)(1) Following the formation of a combined school |
23 |
| district, as defined in Section 11E-20 of this Code, a new unit |
24 |
| district, as defined in Section 11E-25 of this Code, a new |
25 |
| elementary district or districts and a new high school district |
26 |
| formed through a school district conversion, as defined in |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| subsection (b) of Section 11E-15 of this Code, a new partial |
2 |
| elementary unit district, as defined in Section 11E-30 of this |
3 |
| Code, or a new elementary district or districts formed through |
4 |
| a multi-unit conversion, as defined in subsection (b) of |
5 |
| Section 11E-30 of this Code, or the annexation of all of the |
6 |
| territory of one or more entire school districts by one or more |
7 |
| other school districts, as defined in Article 7 of this Code, a |
8 |
| supplementary State aid reimbursement shall be paid for the |
9 |
| number of school years determined under the following table to |
10 |
| each new or annexing district equal to the sum of $4,000 for |
11 |
| each certified employee who is employed by the district on a |
12 |
| full-time basis for the regular term of the school year: |
|
13 | | Reorganized District's Rank |
Reorganized District's Rank |
|
14 | | by type of district (unit, |
in Average Daily Attendance |
|
15 | | high school, elementary) |
By Quintile |
|
16 | | in Equalized Assessed Value |
|
|
|
|
17 | | Per Pupil by Quintile |
|
|
|
|
18 | | |
|
|
3rd, 4th, |
|
19 | | |
1st |
2nd |
or 5th |
|
20 | | |
Quintile |
Quintile |
Quintile |
|
21 | | 1st Quintile |
1 year |
1 year |
1 year |
|
22 | | 2nd Quintile |
1 year |
2 years |
2 years |
|
23 | | 3rd Quintile |
2 years |
3 years |
3 years |
|
24 | | 4th Quintile |
2 years |
3 years |
3 years |
|
25 | | 5th Quintile |
2 years |
3 years |
3 years |
|
|
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|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| The State Board of Education shall make a one-time calculation |
2 |
| of a reorganized district's quintile ranks. The average daily |
3 |
| attendance used in this calculation shall be the best 3 months' |
4 |
| average daily attendance for the district's first year. The |
5 |
| equalized assessed value per pupil shall be the district's real |
6 |
| property equalized assessed value used in calculating the |
7 |
| district's first-year general State aid claim, under Section |
8 |
| 18-8.05 of this Code, divided by the best 3 months' average |
9 |
| daily attendance. |
10 |
| No annexing or resulting school district shall be entitled |
11 |
| to supplementary State aid under this subsection (d) unless the |
12 |
| district acquires at least 30% of the average daily attendance |
13 |
| of the district from which the territory is being detached or |
14 |
| divided. |
15 |
| If a district results from multiple reorganizations that |
16 |
| would otherwise qualify the district for multiple payments |
17 |
| under this subsection (d) in any year, then the district shall |
18 |
| receive a single payment only for that year based solely on the |
19 |
| most recent reorganization. |
20 |
| (2) For an elementary opt-in, as defined in subsection (d) |
21 |
| of Section 11E-30 of this Code, the full-time certified staff |
22 |
| incentive shall be computed in accordance with paragraph (1) of |
23 |
| this subsection (d), equal to the sum of $4,000 for each |
24 |
| certified employee of the elementary district that opts-in who |
25 |
| is employed by the optional elementary unit district on a |
|
|
|
HB4151 |
- 83 - |
LRB095 13975 RAS 39788 b |
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|
1 |
| full-time basis for the regular term of the school year. The |
2 |
| calculation from this paragraph (2) must be paid as follows: |
3 |
| (A) If the effective date for the elementary opt-in is |
4 |
| one year after the effective date for the optional |
5 |
| elementary unit district, 100% of the amount calculated in |
6 |
| this paragraph (2) shall be paid to the optional elementary |
7 |
| unit district for the number of years calculated in |
8 |
| paragraph (1) of this subsection (d) at the optional |
9 |
| elementary unit district's original effective date, |
10 |
| starting in the second year after the effective date of the |
11 |
| elementary opt-in. |
12 |
| (B) If the effective date for the elementary opt-in is |
13 |
| 2 years after the effective date for the optional |
14 |
| elementary unit district, 75% of the amount calculated in |
15 |
| this paragraph (2) shall be paid to the optional elementary |
16 |
| unit district for the number of years calculated in |
17 |
| paragraph (1) of this subsection (d) at the optional |
18 |
| elementary unit district's original effective date, |
19 |
| starting in the second year after the effective date of the |
20 |
| elementary opt-in. |
21 |
| (C) If the effective date for the elementary opt-in is |
22 |
| 3 years after the effective date for the optional |
23 |
| elementary unit district, 50% of the amount calculated in |
24 |
| this paragraph (2) shall be paid to the optional elementary |
25 |
| unit district for the number of years calculated in |
26 |
| paragraph (1) of this subsection (d) at the optional |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| elementary unit district's original effective date, |
2 |
| starting in the second year after the effective date of the |
3 |
| elementary opt-in. |
4 |
| (D) If the effective date for the elementary opt-in is |
5 |
| 4 years after the effective date for the optional |
6 |
| elementary unit district, 25% of the amount calculated in |
7 |
| this paragraph (2) shall be paid to the optional elementary |
8 |
| unit district for the number of years calculated in |
9 |
| paragraph (1) of this subsection (d) at the optional |
10 |
| elementary unit district's original effective date, |
11 |
| starting in the second year after the effective date of the |
12 |
| elementary opt-in. |
13 |
| (E) If the effective date for the elementary opt-in is |
14 |
| 5 years after the effective date for the optional |
15 |
| elementary unit district, the optional elementary unit |
16 |
| district is not eligible for any additional incentives due |
17 |
| to the elementary opt-in. |
18 |
| (2.5)
(a-5) Following the formation of a cooperative high |
19 |
| school by 2 or more school districts under Section 10-22.22c of |
20 |
| this Code, a supplementary State aid reimbursement shall be |
21 |
| paid for 3 school years to the cooperative high school equal to |
22 |
| the sum of $4,000 for each certified employee who is employed |
23 |
| by the cooperative high school on a full-time basis for the |
24 |
| regular term of any such school year. If a cooperative high |
25 |
| school results from multiple agreements that would otherwise |
26 |
| qualify the cooperative high school for multiple payments under |
|
|
|
HB4151 |
- 85 - |
LRB095 13975 RAS 39788 b |
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|
1 |
| this Section in any year, the cooperative high school shall |
2 |
| receive a single payment for that year based solely on the most |
3 |
| recent agreement. |
4 |
| (2.10) Following the annexation of territory detached from
|
5 |
| another school district whereby the enrollment of the annexing
|
6 |
| district increases 90% or more as a result of the annexation, a
|
7 |
| supplementary State aid reimbursement shall be paid to the
|
8 |
| annexing district equal to the sum of $4,000 for each certified
|
9 |
| employee who is employed by the annexing district on a
|
10 |
| full-time basis and shall be calculated in accordance with
|
11 |
| subsection (a) of this Section. To be eligible for
|
12 |
| supplementary State aid reimbursement under this Section, the
|
13 |
| intergovernmental agreement to be submitted pursuant to
|
14 |
| Section 7-14A of this Code must show that certified staff
|
15 |
| members were transferred from the control of the district
|
16 |
| losing territory to the control of the district gaining
|
17 |
| territory in the annexation. The changes to this Section made
|
18 |
| by this amendatory Act of the 95th General Assembly are
|
19 |
| intended to be retroactive and applicable to any annexation
|
20 |
| taking effect on or after July 1, 2004. For annexations that |
21 |
| are eligible for payments under this paragraph (2.10) and that |
22 |
| are effective on or after July 1, 2004, but before the |
23 |
| effective date of this amendatory Act of the 95th General |
24 |
| Assembly, the first required yearly payment under this |
25 |
| paragraph (2.10) shall be paid in the second fiscal year after |
26 |
| the effective date of this amendatory Act of the 95th General |
|
|
|
HB4151 |
- 86 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| Assembly. Any subsequent required yearly payments shall be paid |
2 |
| in subsequent fiscal years until the payment obligation under |
3 |
| this paragraph (2.10) is complete.
|
4 |
| (2.15) Following the deactivation of a school facility in |
5 |
| accordance with Section 10-22.22b of this Code, a supplementary |
6 |
| State aid reimbursement shall be paid for the lesser of 3 |
7 |
| school years or the length of the deactivation agreement, |
8 |
| including any renewals of the original deactivation agreement, |
9 |
| to each receiving school district equal to the sum of $4,000 |
10 |
| for each certified employee who is employed by that receiving |
11 |
| district on a full-time basis for the regular term of any such |
12 |
| school year who was originally transferred to the control of |
13 |
| that receiving district as a result of the deactivation. |
14 |
| Receiving districts are eligible for payments under this |
15 |
| paragraph (2.15) based on the certified employees transferred |
16 |
| to that receiving district as a result of the deactivation and |
17 |
| are not required to receive at least 30% of the deactivating |
18 |
| district's average daily attendance as required under |
19 |
| paragraph (1) of this subsection (d) to be eligible for |
20 |
| payments.
|
21 |
| (3) The supplementary State aid reimbursement payable |
22 |
| under this subsection (d) shall be separate from and in |
23 |
| addition to all other payments made to the district pursuant to |
24 |
| any other Section of this Article. |
25 |
| (4) During May of each school year for which a |
26 |
| supplementary State aid reimbursement is to be paid to a new ,
|
|
|
|
HB4151 |
- 87 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| or annexing , or receiving school district or cooperative high |
2 |
| school pursuant to this subsection (d), the school board or |
3 |
| governing board shall certify to the State Board of Education, |
4 |
| on forms furnished to the school board or governing board by |
5 |
| the State Board of Education for purposes of this subsection |
6 |
| (d), the number of certified employees for which the district |
7 |
| or cooperative high school is entitled to reimbursement under |
8 |
| this Section, together with the names, certificate numbers, and |
9 |
| positions held by the certified employees. |
10 |
| (5) Upon certification by the State Board of Education to |
11 |
| the State Comptroller of the amount of the supplementary State |
12 |
| aid reimbursement to which a school district or cooperative |
13 |
| high school is entitled under this subsection (d), the State |
14 |
| Comptroller shall draw his or her warrant upon the State |
15 |
| Treasurer for the payment thereof to the school district or |
16 |
| cooperative high school and shall promptly transmit the payment |
17 |
| to the school district or cooperative high school through the |
18 |
| appropriate school treasurer.
|
19 |
| (Source: P.A. 94-1019, eff. 7-10-06; incorporates P.A. 94-902, |
20 |
| eff. 7-1-06; revised 9-13-06.)
|
21 |
| (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
|
22 |
| Sec. 14-13.01. Reimbursement payable by State; Amounts. |
23 |
| Reimbursement for furnishing special educational facilities in |
24 |
| a
recognized school to the type of children defined in Section |
25 |
| 14-1.02
shall be paid to the school districts in accordance |
|
|
|
HB4151 |
- 88 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| with Section 14-12.01
for each school year ending June 30 by |
2 |
| the State Comptroller out of any money
in the treasury |
3 |
| appropriated for such purposes on the presentation of vouchers
|
4 |
| by the State Board of Education.
|
5 |
| The reimbursement shall be limited to funds expended for |
6 |
| construction
and maintenance of special education facilities |
7 |
| designed and utilized to
house instructional programs, |
8 |
| diagnostic services, other special
education services for |
9 |
| children with disabilities and
reimbursement as
provided in |
10 |
| Section 14-13.01. There shall be no reimbursement for
|
11 |
| construction and maintenance of any administrative facility |
12 |
| separated
from special education facilities designed and |
13 |
| utilized to house
instructional programs, diagnostic services |
14 |
| and other special education
services for children with |
15 |
| disabilities.
|
16 |
| (a) For children who have not been identified as eligible |
17 |
| for special
education and for eligible children with physical
|
18 |
| disabilities, including all
eligible children whose placement |
19 |
| has been determined under Section 14-8.02 in
hospital or home |
20 |
| instruction, 1/2 of the teacher's salary but not more than
|
21 |
| $1,000 annually per child or $8,000 per teacher for the |
22 |
| 1985-1986 school year through the 2006-2007 school year and |
23 |
| $1,000 per child or $9,000 per teacher for the 2007-2008 school |
24 |
| year and for each school year
and thereafter, whichever is |
25 |
| less. Children
to be included in any reimbursement under this |
26 |
| paragraph must regularly
receive a minimum of one hour of |
|
|
|
HB4151 |
- 89 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| instruction each school day, or in lieu
thereof of a minimum of |
2 |
| 5 hours of instruction in each school week in
order to qualify |
3 |
| for full reimbursement under this Section. If the
attending |
4 |
| physician for such a child has certified that the child should
|
5 |
| not receive as many as 5 hours of instruction in a school week, |
6 |
| however,
reimbursement under this paragraph on account of that |
7 |
| child shall be
computed proportionate to the actual hours of |
8 |
| instruction per week for
that child divided by 5.
|
9 |
| (b) For children described in Section 14-1.02, 4/5 of the |
10 |
| cost of
transportation for each such child, whom the State |
11 |
| Superintendent of
Education determined in advance requires |
12 |
| special transportation service
in order to take advantage of |
13 |
| special educational facilities.
Transportation costs shall be |
14 |
| determined in the same fashion as provided
in Section 29-5. For |
15 |
| purposes of this subsection (b), the dates for
processing |
16 |
| claims specified in Section 29-5 shall apply.
|
17 |
| (c) For each professional worker excluding those included |
18 |
| in
subparagraphs (a), (d), (e), and (f) of this Section, the |
19 |
| annual sum of
$8,000 for the 1985-1986 school year through the |
20 |
| 2006-2007 school year and $9,000 for the 2007-2008 school year |
21 |
| and for each school year
and thereafter.
|
22 |
| (d) For one full time qualified director of the special |
23 |
| education
program of each school district which maintains a |
24 |
| fully approved program
of special education the annual sum of |
25 |
| $8,000 for the 1985-1986 school
year through the 2006-2007 |
26 |
| school year and $9,000 for the 2007-2008 school year and for |
|
|
|
HB4151 |
- 90 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| each school year
and thereafter. Districts participating in a |
2 |
| joint agreement special
education program shall not receive |
3 |
| such reimbursement if reimbursement is made
for a director of |
4 |
| the joint agreement program.
|
5 |
| (e) For each school psychologist as defined in Section |
6 |
| 14-1.09 the
annual sum of $8,000 for the 1985-1986 school year |
7 |
| through the 2006-2007 school year and $9,000 for the 2007-2008 |
8 |
| school year and for each school year
and thereafter.
|
9 |
| (f) For each qualified teacher working in a fully approved |
10 |
| program
for children of preschool age who are deaf or |
11 |
| hard-of-hearing the annual
sum of $8,000 for the 1985-1986 |
12 |
| school year through the 2006-2007 school year and $9,000 for |
13 |
| the 2007-2008 school year and for each school year
and
|
14 |
| thereafter.
|
15 |
| (g) For readers, working with blind or partially seeing |
16 |
| children 1/2
of their salary but not more than $400 annually |
17 |
| per child. Readers may
be employed to assist such children and |
18 |
| shall not be required to be
certified but prior to employment |
19 |
| shall meet standards set up by the
State Board of Education.
|
20 |
| (h) For necessary non-certified employees working in any |
21 |
| class or
program for children defined in this Article, 1/2 of |
22 |
| the salary paid or
$2,800 annually per employee through the |
23 |
| 2006-2007 school year and $3,500 per employee for the 2007-2008 |
24 |
| school year and for each school year thereafter , whichever is |
25 |
| less.
|
26 |
| The State Board of Education shall set standards and |
|
|
|
HB4151 |
- 91 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| prescribe rules
for determining the allocation of |
2 |
| reimbursement under this section on
less than a full time basis |
3 |
| and for less than a school year.
|
4 |
| When any school district eligible for reimbursement under |
5 |
| this
Section operates a school or program approved by the State
|
6 |
| Superintendent of Education for a number of days in excess of |
7 |
| the
adopted school calendar but not to exceed 235 school days, |
8 |
| such
reimbursement shall be increased by 1/180 of the amount or |
9 |
| rate paid
hereunder for each day such school is operated in |
10 |
| excess of 180 days per
calendar year.
|
11 |
| Notwithstanding any other provision of law, any school |
12 |
| district receiving
a payment under this Section or under |
13 |
| Section 14-7.02, 14-7.02b, or
29-5 of this Code may classify |
14 |
| all or a portion of the funds that it receives
in a particular |
15 |
| fiscal year or from general State aid pursuant to Section
|
16 |
| 18-8.05 of this Code as
funds received in connection with any |
17 |
| funding program for which it is
entitled to receive funds from |
18 |
| the State in that fiscal year (including,
without limitation, |
19 |
| any funding program referenced in this Section),
regardless of |
20 |
| the source or timing of the receipt. The district may not
|
21 |
| classify more funds as funds received in connection with the |
22 |
| funding
program than the district is entitled to receive in |
23 |
| that fiscal year for that
program. Any
classification by a |
24 |
| district must be made by a resolution of its board of
|
25 |
| education. The resolution must identify the amount of any |
26 |
| payments or
general State aid to be classified under this |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| paragraph and must specify
the funding program to which the |
2 |
| funds are to be treated as received in
connection therewith. |
3 |
| This resolution is controlling as to the
classification of |
4 |
| funds referenced therein. A certified copy of the
resolution |
5 |
| must be sent to the State Superintendent of Education.
The |
6 |
| resolution shall still take effect even though a copy of the |
7 |
| resolution has
not been sent to the State
Superintendent of |
8 |
| Education in a timely manner.
No
classification under this |
9 |
| paragraph by a district shall affect the total amount
or timing |
10 |
| of money the district is entitled to receive under this Code.
|
11 |
| No classification under this paragraph by a district shall
in |
12 |
| any way relieve the district from or affect any
requirements |
13 |
| that otherwise would apply with respect to
that funding |
14 |
| program, including any
accounting of funds by source, reporting |
15 |
| expenditures by
original source and purpose,
reporting |
16 |
| requirements,
or requirements of providing services.
|
17 |
| (Source: P.A. 95-415, eff. 8-24-07.)
|
18 |
| (105 ILCS 5/18-8.05)
|
19 |
| Sec. 18-8.05. Basis for apportionment of general State |
20 |
| financial aid and
supplemental general State aid to the common |
21 |
| schools for the 1998-1999 and
subsequent school years.
|
22 |
| (A) General Provisions.
|
23 |
| (1) The provisions of this Section apply to the 1998-1999 |
24 |
| and subsequent
school years. The system of general State |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| financial aid provided for in this
Section
is designed to |
2 |
| assure that, through a combination of State financial aid and
|
3 |
| required local resources, the financial support provided each |
4 |
| pupil in Average
Daily Attendance equals or exceeds a
|
5 |
| prescribed per pupil Foundation Level. This formula approach |
6 |
| imputes a level
of per pupil Available Local Resources and |
7 |
| provides for the basis to calculate
a per pupil level of |
8 |
| general State financial aid that, when added to Available
Local |
9 |
| Resources, equals or exceeds the Foundation Level. The
amount |
10 |
| of per pupil general State financial aid for school districts, |
11 |
| in
general, varies in inverse
relation to Available Local |
12 |
| Resources. Per pupil amounts are based upon
each school |
13 |
| district's Average Daily Attendance as that term is defined in |
14 |
| this
Section.
|
15 |
| (2) In addition to general State financial aid, school |
16 |
| districts with
specified levels or concentrations of pupils |
17 |
| from low income households are
eligible to receive supplemental |
18 |
| general State financial aid grants as provided
pursuant to |
19 |
| subsection (H).
The supplemental State aid grants provided for |
20 |
| school districts under
subsection (H) shall be appropriated for |
21 |
| distribution to school districts as
part of the same line item |
22 |
| in which the general State financial aid of school
districts is |
23 |
| appropriated under this Section.
|
24 |
| (3) To receive financial assistance under this Section, |
25 |
| school districts
are required to file claims with the State |
26 |
| Board of Education, subject to the
following requirements:
|
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| (a) Any school district which fails for any given |
2 |
| school year to maintain
school as required by law, or to |
3 |
| maintain a recognized school is not
eligible to file for |
4 |
| such school year any claim upon the Common School
Fund. In |
5 |
| case of nonrecognition of one or more attendance centers in |
6 |
| a
school district otherwise operating recognized schools, |
7 |
| the claim of the
district shall be reduced in the |
8 |
| proportion which the Average Daily
Attendance in the |
9 |
| attendance center or centers bear to the Average Daily
|
10 |
| Attendance in the school district. A "recognized school" |
11 |
| means any
public school which meets the standards as |
12 |
| established for recognition
by the State Board of |
13 |
| Education. A school district or attendance center
not |
14 |
| having recognition status at the end of a school term is |
15 |
| entitled to
receive State aid payments due upon a legal |
16 |
| claim which was filed while
it was recognized.
|
17 |
| (b) School district claims filed under this Section are |
18 |
| subject to
Sections 18-9 and 18-12, except as otherwise |
19 |
| provided in this
Section.
|
20 |
| (c) If a school district operates a full year school |
21 |
| under Section
10-19.1, the general State aid to the school |
22 |
| district shall be determined
by the State Board of |
23 |
| Education in accordance with this Section as near as
may be |
24 |
| applicable.
|
25 |
| (d) (Blank).
|
26 |
| (4) Except as provided in subsections (H) and (L), the |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
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| board of any district
receiving any of the grants provided for |
2 |
| in this Section may apply those funds
to any fund so received |
3 |
| for which that board is authorized to make expenditures
by law.
|
4 |
| School districts are not required to exert a minimum |
5 |
| Operating Tax Rate in
order to qualify for assistance under |
6 |
| this Section.
|
7 |
| (5) As used in this Section the following terms, when |
8 |
| capitalized, shall
have the meaning ascribed herein:
|
9 |
| (a) "Average Daily Attendance": A count of pupil |
10 |
| attendance in school,
averaged as provided for in |
11 |
| subsection (C) and utilized in deriving per pupil
financial |
12 |
| support levels.
|
13 |
| (b) "Available Local Resources": A computation of |
14 |
| local financial
support, calculated on the basis of Average |
15 |
| Daily Attendance and derived as
provided pursuant to |
16 |
| subsection (D).
|
17 |
| (c) "Corporate Personal Property Replacement Taxes": |
18 |
| Funds paid to local
school districts pursuant to "An Act in |
19 |
| relation to the abolition of ad valorem
personal property |
20 |
| tax and the replacement of revenues lost thereby, and
|
21 |
| amending and repealing certain Acts and parts of Acts in |
22 |
| connection therewith",
certified August 14, 1979, as |
23 |
| amended (Public Act 81-1st S.S.-1).
|
24 |
| (d) "Foundation Level": A prescribed level of per pupil |
25 |
| financial support
as provided for in subsection (B).
|
26 |
| (e) "Operating Tax Rate": All school district property |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| taxes extended for
all purposes, except Bond and
Interest, |
2 |
| Summer School, Rent, Capital Improvement, and Vocational |
3 |
| Education
Building purposes.
|
4 |
| (B) Foundation Level.
|
5 |
| (1) The Foundation Level is a figure established by the |
6 |
| State representing
the minimum level of per pupil financial |
7 |
| support that should be available to
provide for the basic |
8 |
| education of each pupil in
Average Daily Attendance. As set |
9 |
| forth in this Section, each school district
is assumed to exert
|
10 |
| a sufficient local taxing effort such that, in combination with |
11 |
| the aggregate
of general State
financial aid provided the |
12 |
| district, an aggregate of State and local resources
are |
13 |
| available to meet
the basic education needs of pupils in the |
14 |
| district.
|
15 |
| (2) For the 1998-1999 school year, the Foundation Level of |
16 |
| support is
$4,225. For the 1999-2000 school year, the |
17 |
| Foundation Level of support is
$4,325. For the 2000-2001 school |
18 |
| year, the Foundation Level of support is
$4,425. For the |
19 |
| 2001-2002 school year and 2002-2003 school year, the
Foundation |
20 |
| Level of support is $4,560. For the 2003-2004 school year, the |
21 |
| Foundation Level of support is $4,810. For the 2004-2005 school |
22 |
| year, the Foundation Level of support is $4,964.
For the |
23 |
| 2005-2006 school year,
the Foundation Level of support is |
24 |
| $5,164. For the 2006-2007 school year, the Foundation Level of |
25 |
| support is $5,334.
|
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
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| (3) For the 2007-2008
2006-2007 school year and each school |
2 |
| year thereafter,
the Foundation Level of support is $5,734
|
3 |
| $5,334 or such greater amount as
may be established by law by |
4 |
| the General Assembly.
|
5 |
| (C) Average Daily Attendance.
|
6 |
| (1) For purposes of calculating general State aid pursuant |
7 |
| to subsection
(E), an Average Daily Attendance figure shall be |
8 |
| utilized. The Average Daily
Attendance figure for formula
|
9 |
| calculation purposes shall be the monthly average of the actual |
10 |
| number of
pupils in attendance of
each school district, as |
11 |
| further averaged for the best 3 months of pupil
attendance for |
12 |
| each
school district. In compiling the figures for the number |
13 |
| of pupils in
attendance, school districts
and the State Board |
14 |
| of Education shall, for purposes of general State aid
funding, |
15 |
| conform
attendance figures to the requirements of subsection |
16 |
| (F).
|
17 |
| (2) The Average Daily Attendance figures utilized in |
18 |
| subsection (E) shall be
the requisite attendance data for the |
19 |
| school year immediately preceding
the
school year for which |
20 |
| general State aid is being calculated
or the average of the |
21 |
| attendance data for the 3 preceding school
years, whichever is |
22 |
| greater. The Average Daily Attendance figures
utilized in |
23 |
| subsection (H) shall be the requisite attendance data for the
|
24 |
| school year immediately preceding the school year for which |
25 |
| general
State aid is being calculated.
|
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
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| (D) Available Local Resources.
|
2 |
| (1) For purposes of calculating general State aid pursuant |
3 |
| to subsection
(E), a representation of Available Local |
4 |
| Resources per pupil, as that term is
defined and determined in |
5 |
| this subsection, shall be utilized. Available Local
Resources |
6 |
| per pupil shall include a calculated
dollar amount representing |
7 |
| local school district revenues from local property
taxes and |
8 |
| from
Corporate Personal Property Replacement Taxes, expressed |
9 |
| on the basis of pupils
in Average
Daily Attendance. Calculation |
10 |
| of Available Local Resources shall exclude any tax amnesty |
11 |
| funds received as a result of Public Act 93-26.
|
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).
|
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 |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| district multiplied by 2.30%, and divided by the
district's |
2 |
| Average
Daily Attendance figure. For school districts |
3 |
| maintaining grades 9 through 12,
local property
tax revenues |
4 |
| per pupil shall be the applicable equalized assessed valuation |
5 |
| of
the district
multiplied by 1.05%, and divided by the |
6 |
| district's Average Daily
Attendance
figure.
|
7 |
| For partial elementary unit districts created pursuant to |
8 |
| Article 11E of this Code, local property tax revenues per pupil |
9 |
| shall be calculated as the product of the equalized assessed |
10 |
| valuation for property within the elementary and high school |
11 |
| classification of the partial elementary unit district for |
12 |
| elementary purposes, as defined in Article 11E of this Code,
|
13 |
| multiplied by 2.06% and divided by the district's Average Daily |
14 |
| Attendance figure for grades kindergarten through 8 , plus the |
15 |
| product of the equalized assessed valuation for property within |
16 |
| the high school only classification of the partial elementary |
17 |
| unit district for high school purposes, as defined in Article |
18 |
| 11E of this Code, multiplied by 0.94% and divided by the |
19 |
| district's Average Daily Attendance figure for grades 9 through |
20 |
| 12 .
|
21 |
| (4) The Corporate Personal Property Replacement Taxes paid |
22 |
| to each school
district during the calendar year 2 years before |
23 |
| the calendar year in which a
school year begins, divided by the |
24 |
| Average Daily Attendance figure for that
district, shall be |
25 |
| added to the local property tax revenues per pupil as
derived |
26 |
| by the application of the immediately preceding paragraph (3). |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| The sum
of these per pupil figures for each school district |
2 |
| shall constitute Available
Local Resources as that term is |
3 |
| utilized in subsection (E) in the calculation
of general State |
4 |
| aid.
|
5 |
| (E) Computation of General State Aid.
|
6 |
| (1) For each school year, the amount of general State aid |
7 |
| allotted to a
school district shall be computed by the State |
8 |
| Board of Education as provided
in this subsection.
|
9 |
| (2) For any school district for which Available Local |
10 |
| Resources per pupil
is less than the product of 0.93 times the |
11 |
| Foundation Level, general State aid
for that district shall be |
12 |
| calculated as an amount equal to the Foundation
Level minus |
13 |
| Available Local Resources, multiplied by the Average Daily
|
14 |
| Attendance of the school district.
|
15 |
| (3) For any school district for which Available Local |
16 |
| Resources per pupil
is equal to or greater than the product of |
17 |
| 0.93 times the Foundation Level and
less than the product of |
18 |
| 1.75 times the Foundation Level, the general State aid
per |
19 |
| pupil shall be a decimal proportion of the Foundation Level |
20 |
| derived using a
linear algorithm. Under this linear algorithm, |
21 |
| the calculated general State
aid per pupil shall decline in |
22 |
| direct linear fashion from 0.07 times the
Foundation Level for |
23 |
| a school district with Available Local Resources equal to
the |
24 |
| product of 0.93 times the Foundation Level, to 0.05 times the |
25 |
| Foundation
Level for a school district with Available Local |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| Resources equal to the product
of 1.75 times the Foundation |
2 |
| Level. The allocation of general
State aid for school districts |
3 |
| subject to this paragraph 3 shall be the
calculated general |
4 |
| State aid
per pupil figure multiplied by the Average Daily |
5 |
| Attendance of the school
district.
|
6 |
| (4) For any school district for which Available Local |
7 |
| Resources per pupil
equals or exceeds the product of 1.75 times |
8 |
| the Foundation Level, the general
State aid for the school |
9 |
| district shall be calculated as the product of $218
multiplied |
10 |
| by the Average Daily Attendance of the school
district.
|
11 |
| (5) The amount of general State aid allocated to a school |
12 |
| district for
the 1999-2000 school year meeting the requirements |
13 |
| set forth in paragraph (4)
of subsection
(G) shall be increased |
14 |
| by an amount equal to the general State aid that
would have |
15 |
| been received by the district for the 1998-1999 school year by
|
16 |
| utilizing the Extension Limitation Equalized Assessed |
17 |
| Valuation as calculated
in paragraph (4) of subsection (G) less |
18 |
| the general State aid allotted for the
1998-1999
school year. |
19 |
| This amount shall be deemed a one time increase, and shall not
|
20 |
| affect any future general State aid allocations.
|
21 |
| (F) Compilation of Average Daily Attendance.
|
22 |
| (1) Each school district shall, by July 1 of each year, |
23 |
| submit to the State
Board of Education, on forms prescribed by |
24 |
| the State Board of Education,
attendance figures for the school |
25 |
| year that began in the preceding calendar
year. The attendance |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| information so transmitted shall identify the average
daily |
2 |
| attendance figures for each month of the school year. Beginning |
3 |
| with
the general State aid claim form for the 2002-2003 school
|
4 |
| year, districts shall calculate Average Daily Attendance as |
5 |
| provided in
subdivisions (a), (b), and (c) of this paragraph |
6 |
| (1).
|
7 |
| (a) In districts that do not hold year-round classes,
|
8 |
| days of attendance in August shall be added to the month of |
9 |
| September and any
days of attendance in June shall be added |
10 |
| to the month of May.
|
11 |
| (b) In districts in which all buildings hold year-round |
12 |
| classes,
days of attendance in July and August shall be |
13 |
| added to the month
of September and any days of attendance |
14 |
| in June shall be added to
the month of May.
|
15 |
| (c) In districts in which some buildings, but not all, |
16 |
| hold
year-round classes, for the non-year-round buildings, |
17 |
| days of
attendance in August shall be added to the month of |
18 |
| September
and any days of attendance in June shall be added |
19 |
| to the month of
May. The average daily attendance for the |
20 |
| year-round buildings
shall be computed as provided in |
21 |
| subdivision (b) of this paragraph
(1). To calculate the |
22 |
| Average Daily Attendance for the district, the
average |
23 |
| daily attendance for the year-round buildings shall be
|
24 |
| multiplied by the days in session for the non-year-round |
25 |
| buildings
for each month and added to the monthly |
26 |
| attendance of the
non-year-round buildings.
|
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| Except as otherwise provided in this Section, days of
|
2 |
| attendance by pupils shall be counted only for sessions of not |
3 |
| less than
5 clock hours of school work per day under direct |
4 |
| supervision of: (i)
teachers, or (ii) non-teaching personnel or |
5 |
| volunteer personnel when engaging
in non-teaching duties and |
6 |
| supervising in those instances specified in
subsection (a) of |
7 |
| Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils |
8 |
| of legal school age and in kindergarten and grades 1 through |
9 |
| 12.
|
10 |
| Days of attendance by tuition pupils shall be accredited |
11 |
| only to the
districts that pay the tuition to a recognized |
12 |
| school.
|
13 |
| (2) Days of attendance by pupils of less than 5 clock hours |
14 |
| of school
shall be subject to the following provisions in the |
15 |
| compilation of Average
Daily Attendance.
|
16 |
| (a) Pupils regularly enrolled in a public school for |
17 |
| only a part of
the school day may be counted on the basis |
18 |
| of 1/6 day for every class hour
of instruction of 40 |
19 |
| minutes or more attended pursuant to such enrollment,
|
20 |
| unless a pupil is
enrolled in a block-schedule format of 80 |
21 |
| minutes or more of instruction,
in which case the pupil may |
22 |
| be counted on the basis of the proportion of
minutes of |
23 |
| school work completed each day to the minimum number of
|
24 |
| minutes that school work is required to be held that day.
|
25 |
| (b) Days of attendance may be less than 5 clock hours |
26 |
| on the opening
and closing of the school term, and upon the |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| first day of pupil
attendance, if preceded by a day or days |
2 |
| utilized as an institute or
teachers' workshop.
|
3 |
| (c) A session of 4 or more clock hours may be counted |
4 |
| as a day of
attendance upon certification by the regional |
5 |
| superintendent, and
approved by the State Superintendent |
6 |
| of Education to the extent that the
district has been |
7 |
| forced to use daily multiple sessions.
|
8 |
| (d) A session of 3 or more clock hours may be counted |
9 |
| as a day of
attendance (1) when the remainder of the school |
10 |
| day or at least
2 hours in the evening of that day is |
11 |
| utilized for an
in-service training program for teachers, |
12 |
| up to a maximum of 5 days per
school year of which a |
13 |
| maximum of 4 days of such 5 days may be used for
|
14 |
| parent-teacher conferences, provided a district conducts |
15 |
| an in-service
training program for teachers which has been |
16 |
| approved by the State
Superintendent of Education; or, in |
17 |
| lieu of 4 such days, 2 full days may
be used, in which |
18 |
| event each such day
may be counted as a day of attendance; |
19 |
| and (2) when days in
addition to
those provided in item (1) |
20 |
| are scheduled by a school pursuant to its school
|
21 |
| improvement plan adopted under Article 34 or its revised or |
22 |
| amended school
improvement plan adopted under Article 2, |
23 |
| provided that (i) such sessions of
3 or more clock hours |
24 |
| are scheduled to occur at regular intervals, (ii) the
|
25 |
| remainder of the school days in which such sessions occur |
26 |
| are utilized
for in-service training programs or other |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| staff development activities for
teachers, and (iii) a |
2 |
| sufficient number of minutes of school work under the
|
3 |
| direct supervision of teachers are added to the school days |
4 |
| between such
regularly scheduled sessions to accumulate |
5 |
| not less than the number of minutes
by which such sessions |
6 |
| of 3 or more clock hours fall short of 5 clock hours.
Any |
7 |
| full days used for the purposes of this paragraph shall not |
8 |
| be considered
for
computing average daily attendance. Days |
9 |
| scheduled for in-service training
programs, staff |
10 |
| development activities, or parent-teacher conferences may |
11 |
| be
scheduled separately for different
grade levels and |
12 |
| different attendance centers of the district.
|
13 |
| (e) A session of not less than one clock hour of |
14 |
| teaching
hospitalized or homebound pupils on-site or by |
15 |
| telephone to the classroom may
be counted as 1/2 day of |
16 |
| attendance, however these pupils must receive 4 or
more |
17 |
| clock hours of instruction to be counted for a full day of |
18 |
| attendance.
|
19 |
| (f) A session of at least 4 clock hours may be counted |
20 |
| as a day of
attendance for first grade pupils, and pupils |
21 |
| in full day kindergartens,
and a session of 2 or more hours |
22 |
| may be counted as 1/2 day of attendance by
pupils in |
23 |
| kindergartens which provide only 1/2 day of attendance.
|
24 |
| (g) For children with disabilities who are below the |
25 |
| age of 6 years and
who
cannot attend 2 or more clock hours |
26 |
| because of their disability or
immaturity, a session of not |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| less than one clock hour may be counted as 1/2 day
of |
2 |
| attendance; however for such children whose educational |
3 |
| needs so require
a session of 4 or more clock hours may be |
4 |
| counted as a full day of attendance.
|
5 |
| (h) A recognized kindergarten which provides for only |
6 |
| 1/2 day of
attendance by each pupil shall not have more |
7 |
| than 1/2 day of attendance
counted in any one day. However, |
8 |
| kindergartens may count 2 1/2 days
of
attendance in any 5 |
9 |
| consecutive school days. When a pupil attends such a
|
10 |
| kindergarten for 2 half days on any one school day, the |
11 |
| pupil shall have
the following day as a day absent from |
12 |
| school, unless the school district
obtains permission in |
13 |
| writing from the State Superintendent of Education.
|
14 |
| Attendance at kindergartens which provide for a full day of |
15 |
| attendance by
each pupil shall be counted the same as |
16 |
| attendance by first grade pupils.
Only the first year of |
17 |
| attendance in one kindergarten shall be counted,
except in |
18 |
| case of children who entered the kindergarten in their |
19 |
| fifth year
whose educational development requires a second |
20 |
| year of kindergarten as
determined under the rules and |
21 |
| regulations of the State Board of Education.
|
22 |
| (i) On the days when the Prairie State Achievement |
23 |
| Examination is
administered under subsection (c) of |
24 |
| Section 2-3.64 of this Code, the day
of attendance for a |
25 |
| pupil whose school
day must be shortened to accommodate |
26 |
| required testing procedures may
be less than 5 clock hours |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| and shall be counted towards the 176 days of actual pupil |
2 |
| attendance required under Section 10-19 of this Code, |
3 |
| provided that a sufficient number of minutes
of school work |
4 |
| in excess of 5 clock hours are first completed on other |
5 |
| school
days to compensate for the loss of school work on |
6 |
| the examination days.
|
7 |
| (G) Equalized Assessed Valuation Data.
|
8 |
| (1) For purposes of the calculation of Available Local |
9 |
| Resources required
pursuant to subsection (D), the
State Board |
10 |
| of Education shall secure from the Department of
Revenue the |
11 |
| value as equalized or assessed by the Department of Revenue of
|
12 |
| all taxable property of every school district, together with |
13 |
| (i) the applicable
tax rate used in extending taxes for the |
14 |
| funds of the district as of
September 30 of the previous year
|
15 |
| and (ii) the limiting rate for all school
districts subject to |
16 |
| property tax extension limitations as imposed under the
|
17 |
| Property Tax Extension Limitation Law.
|
18 |
| The Department of Revenue shall add to the equalized |
19 |
| assessed value of all
taxable
property of each school district |
20 |
| situated entirely or partially within a county
that is or was |
21 |
| subject to the alternative general homestead exemption |
22 |
| provisions of Section 15-176 of the Property Tax Code (a)
an |
23 |
| amount equal to the total amount by which the
homestead |
24 |
| exemption allowed under Section 15-176 of the Property Tax Code |
25 |
| for
real
property situated in that school district exceeds the |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| total amount that would
have been
allowed in that school |
2 |
| district if the maximum reduction under Section 15-176
was
(i) |
3 |
| $4,500 in Cook County or $3,500 in all other counties in tax |
4 |
| year 2003 or (ii) $5,000 in all counties in tax year 2004 and |
5 |
| thereafter and (b) an amount equal to the aggregate amount for |
6 |
| the taxable year of all additional exemptions under Section |
7 |
| 15-175 of the Property Tax Code for owners with a household |
8 |
| income of $30,000 or less. The county clerk of any county that |
9 |
| is or was subject to the alternative general homestead |
10 |
| exemption provisions of Section 15-176 of the Property Tax Code |
11 |
| shall
annually calculate and certify to the Department of |
12 |
| Revenue for each school
district all
homestead exemption |
13 |
| amounts under Section 15-176 of the Property Tax Code and all |
14 |
| amounts of additional exemptions under Section 15-175 of the |
15 |
| Property Tax Code for owners with a household income of $30,000 |
16 |
| or less. It is the intent of this paragraph that if the general |
17 |
| homestead exemption for a parcel of property is determined |
18 |
| under Section 15-176 of the Property Tax Code rather than |
19 |
| Section 15-175, then the calculation of Available Local |
20 |
| Resources shall not be affected by the difference, if any, |
21 |
| between the amount of the general homestead exemption allowed |
22 |
| for that parcel of property under Section 15-176 of the |
23 |
| Property Tax Code and the amount that would have been allowed |
24 |
| had the general homestead exemption for that parcel of property |
25 |
| been determined under Section 15-175 of the Property Tax Code. |
26 |
| It is further the intent of this paragraph that if additional |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| exemptions are allowed under Section 15-175 of the Property Tax |
2 |
| Code for owners with a household income of less than $30,000, |
3 |
| then the calculation of Available Local Resources shall not be |
4 |
| affected by the difference, if any, because of those additional |
5 |
| exemptions.
|
6 |
| This equalized assessed valuation, as adjusted further by |
7 |
| the requirements of
this subsection, shall be utilized in the |
8 |
| calculation of Available Local
Resources.
|
9 |
| (2) The equalized assessed valuation in paragraph (1) shall |
10 |
| be adjusted, as
applicable, in the following manner:
|
11 |
| (a) For the purposes of calculating State aid under |
12 |
| this Section,
with respect to any part of a school district |
13 |
| within a redevelopment
project area in respect to which a |
14 |
| municipality has adopted tax
increment allocation |
15 |
| financing pursuant to the Tax Increment Allocation
|
16 |
| Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 |
17 |
| of the Illinois
Municipal Code or the Industrial Jobs |
18 |
| Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the |
19 |
| Illinois Municipal Code, no part of the current equalized
|
20 |
| assessed valuation of real property located in any such |
21 |
| project area which is
attributable to an increase above the |
22 |
| total initial equalized assessed
valuation of such |
23 |
| property shall be used as part of the equalized assessed
|
24 |
| valuation of the district, until such time as all
|
25 |
| redevelopment project costs have been paid, as provided in |
26 |
| Section 11-74.4-8
of the Tax Increment Allocation |
|
|
|
HB4151 |
- 110 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| Redevelopment Act or in Section 11-74.6-35 of
the |
2 |
| Industrial Jobs Recovery Law. For the purpose of
the |
3 |
| equalized assessed valuation of the
district, the total |
4 |
| initial equalized assessed valuation or the current
|
5 |
| equalized assessed valuation, whichever is lower, shall be |
6 |
| used until
such time as all redevelopment project costs |
7 |
| have been paid.
|
8 |
| (b) The real property equalized assessed valuation for |
9 |
| a school district
shall be adjusted by subtracting from the |
10 |
| real property
value as equalized or assessed by the |
11 |
| Department of Revenue for the
district an amount computed |
12 |
| by dividing the amount of any abatement of
taxes under |
13 |
| Section 18-170 of the Property Tax Code by 3.00% for a |
14 |
| district
maintaining grades kindergarten through 12, by |
15 |
| 2.30% for a district
maintaining grades kindergarten |
16 |
| through 8, or by 1.05% for a
district
maintaining grades 9 |
17 |
| through 12 and adjusted by an amount computed by dividing
|
18 |
| the amount of any abatement of taxes under subsection (a) |
19 |
| of Section 18-165 of
the Property Tax Code by the same |
20 |
| percentage rates for district type as
specified in this |
21 |
| subparagraph (b).
|
22 |
| (3) For the 1999-2000 school year and each school year |
23 |
| thereafter, if a
school district meets all of the criteria of |
24 |
| this subsection (G)(3), the school
district's Available Local |
25 |
| Resources shall be calculated under subsection (D)
using the |
26 |
| district's Extension Limitation Equalized Assessed Valuation |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| as
calculated under this
subsection (G)(3).
|
2 |
| For purposes of this subsection (G)(3) the following terms |
3 |
| shall have
the following meanings:
|
4 |
| "Budget Year": The school year for which general State |
5 |
| aid is calculated
and
awarded under subsection (E).
|
6 |
| "Base Tax Year": The property tax levy year used to |
7 |
| calculate the Budget
Year
allocation of general State aid.
|
8 |
| "Preceding Tax Year": The property tax levy year |
9 |
| immediately preceding the
Base Tax Year.
|
10 |
| "Base Tax Year's Tax Extension": The product of the |
11 |
| equalized assessed
valuation utilized by the County Clerk |
12 |
| in the Base Tax Year multiplied by the
limiting rate as |
13 |
| calculated by the County Clerk and defined in the Property |
14 |
| Tax
Extension Limitation Law.
|
15 |
| "Preceding Tax Year's Tax Extension": The product of |
16 |
| the equalized assessed
valuation utilized by the County |
17 |
| Clerk in the Preceding Tax Year multiplied by
the Operating |
18 |
| Tax Rate as defined in subsection (A).
|
19 |
| "Extension Limitation Ratio": A numerical ratio, |
20 |
| certified by the
County Clerk, in which the numerator is |
21 |
| the Base Tax Year's Tax
Extension and the denominator is |
22 |
| the Preceding Tax Year's Tax Extension.
|
23 |
| "Operating Tax Rate": The operating tax rate as defined |
24 |
| in subsection (A).
|
25 |
| If a school district is subject to property tax extension |
26 |
| limitations as
imposed under
the Property Tax Extension |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| Limitation Law, the State Board of Education shall
calculate |
2 |
| the Extension
Limitation
Equalized Assessed Valuation of that |
3 |
| district. For the 1999-2000 school
year, the
Extension |
4 |
| Limitation Equalized Assessed Valuation of a school district as
|
5 |
| calculated by the State Board of Education shall be equal to |
6 |
| the product of the
district's 1996 Equalized Assessed Valuation |
7 |
| and the district's Extension
Limitation Ratio. For the |
8 |
| 2000-2001 school year and each school year
thereafter,
the |
9 |
| Extension Limitation Equalized Assessed Valuation of a school |
10 |
| district as
calculated by the State Board of Education shall be |
11 |
| equal to the product of
the Equalized Assessed Valuation last |
12 |
| used in the calculation of general State
aid and the
district's |
13 |
| Extension Limitation Ratio. If the Extension Limitation
|
14 |
| Equalized
Assessed Valuation of a school district as calculated |
15 |
| under
this subsection (G)(3) is less than the district's |
16 |
| equalized assessed valuation
as calculated pursuant to |
17 |
| subsections (G)(1) and (G)(2), then for purposes of
calculating |
18 |
| the district's general State aid for the Budget Year pursuant |
19 |
| to
subsection (E), that Extension
Limitation Equalized |
20 |
| Assessed Valuation shall be utilized to calculate the
|
21 |
| district's Available Local Resources
under subsection (D).
|
22 |
| Partial elementary unit districts created in accordance |
23 |
| with Article 11E of this Code shall not be eligible for the |
24 |
| adjustment in this subsection (G)(3) until the fifth year |
25 |
| following the effective date of the reorganization.
|
26 |
| (4) For the purposes of calculating general State aid for |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| the 1999-2000
school year only, if a school district |
2 |
| experienced a triennial reassessment on
the equalized assessed |
3 |
| valuation used in calculating its general State
financial aid |
4 |
| apportionment for the 1998-1999 school year, the State Board of
|
5 |
| Education shall calculate the Extension Limitation Equalized |
6 |
| Assessed Valuation
that would have been used to calculate the |
7 |
| district's 1998-1999 general State
aid. This amount shall equal |
8 |
| the product of the equalized assessed valuation
used to
|
9 |
| calculate general State aid for the 1997-1998 school year and |
10 |
| the district's
Extension Limitation Ratio. If the Extension |
11 |
| Limitation Equalized Assessed
Valuation of the school district |
12 |
| as calculated under this paragraph (4) is
less than the |
13 |
| district's equalized assessed valuation utilized in |
14 |
| calculating
the
district's 1998-1999 general State aid |
15 |
| allocation, then for purposes of
calculating the district's |
16 |
| general State aid pursuant to paragraph (5) of
subsection (E),
|
17 |
| that Extension Limitation Equalized Assessed Valuation shall |
18 |
| be utilized to
calculate the district's Available Local |
19 |
| Resources.
|
20 |
| (5) For school districts having a majority of their |
21 |
| equalized assessed
valuation in any county except Cook, DuPage, |
22 |
| Kane, Lake, McHenry, or Will, if
the amount of general State |
23 |
| aid allocated to the school district for the
1999-2000 school |
24 |
| year under the provisions of subsection (E), (H), and (J) of
|
25 |
| this Section is less than the amount of general State aid |
26 |
| allocated to the
district for the 1998-1999 school year under |
|
|
|
HB4151 |
- 114 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| these subsections, then the
general
State aid of the district |
2 |
| for the 1999-2000 school year only shall be increased
by the |
3 |
| difference between these amounts. The total payments made under |
4 |
| this
paragraph (5) shall not exceed $14,000,000. Claims shall |
5 |
| be prorated if they
exceed $14,000,000.
|
6 |
| (H) Supplemental General State Aid.
|
7 |
| (1) In addition to the general State aid a school district |
8 |
| is allotted
pursuant to subsection (E), qualifying school |
9 |
| districts shall receive a grant,
paid in conjunction with a |
10 |
| district's payments of general State aid, for
supplemental |
11 |
| general State aid based upon the concentration level of |
12 |
| children
from low-income households within the school |
13 |
| district.
Supplemental State aid grants provided for school |
14 |
| districts under this
subsection shall be appropriated for |
15 |
| distribution to school districts as part
of the same line item |
16 |
| in which the general State financial aid of school
districts is |
17 |
| appropriated under this Section.
If the appropriation in any |
18 |
| fiscal year for general State aid and
supplemental general |
19 |
| State aid is insufficient to pay the amounts required
under the |
20 |
| general State aid and supplemental general State aid |
21 |
| calculations,
then the
State Board of Education shall ensure |
22 |
| that
each school district receives the full amount due for |
23 |
| general State aid
and the remainder of the appropriation shall |
24 |
| be used
for supplemental general State aid, which the State |
25 |
| Board of Education shall
calculate and pay to eligible |
|
|
|
HB4151 |
- 115 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| districts on a prorated basis.
|
2 |
| (1.5) This paragraph (1.5) applies only to those school |
3 |
| years
preceding the 2003-2004 school year.
For purposes of this
|
4 |
| subsection (H), the term "Low-Income Concentration Level" |
5 |
| shall be the
low-income
eligible pupil count from the most |
6 |
| recently available federal census divided by
the Average Daily |
7 |
| Attendance of the school district.
If, however, (i) the |
8 |
| percentage decrease from the 2 most recent federal
censuses
in |
9 |
| the low-income eligible pupil count of a high school district |
10 |
| with fewer
than 400 students exceeds by 75% or more the |
11 |
| percentage change in the total
low-income eligible pupil count |
12 |
| of contiguous elementary school districts,
whose boundaries |
13 |
| are coterminous with the high school district,
or (ii) a high |
14 |
| school district within 2 counties and serving 5 elementary
|
15 |
| school
districts, whose boundaries are coterminous with the |
16 |
| high school
district, has a percentage decrease from the 2 most |
17 |
| recent federal
censuses in the low-income eligible pupil count |
18 |
| and there is a percentage
increase in the total low-income |
19 |
| eligible pupil count of a majority of the
elementary school |
20 |
| districts in excess of 50% from the 2 most recent
federal |
21 |
| censuses, then
the
high school district's low-income eligible |
22 |
| pupil count from the earlier federal
census
shall be the number |
23 |
| used as the low-income eligible pupil count for the high
school |
24 |
| district, for purposes of this subsection (H).
The changes made |
25 |
| to this paragraph (1) by Public Act 92-28 shall apply to
|
26 |
| supplemental general State aid
grants for school years |
|
|
|
HB4151 |
- 116 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| preceding the 2003-2004 school year that are paid
in fiscal |
2 |
| year 1999 or thereafter
and to
any State aid payments made in |
3 |
| fiscal year 1994 through fiscal year
1998 pursuant to |
4 |
| subsection 1(n) of Section 18-8 of this Code (which was
|
5 |
| repealed on July 1, 1998), and any high school district that is |
6 |
| affected by
Public Act 92-28 is
entitled to a
recomputation of |
7 |
| its supplemental general State aid grant or State aid
paid in |
8 |
| any of those fiscal years. This recomputation shall not be
|
9 |
| affected by any other funding.
|
10 |
| (1.10) This paragraph (1.10) applies to the 2003-2004 |
11 |
| school year
and each school year thereafter. For purposes of |
12 |
| this subsection (H), the
term "Low-Income Concentration Level" |
13 |
| shall, for each fiscal year, be the
low-income eligible
pupil |
14 |
| count
as of July 1 of the immediately preceding fiscal year
(as |
15 |
| determined by the Department of Human Services based
on the |
16 |
| number of pupils
who are eligible for at least one of the |
17 |
| following
low income programs: Medicaid, KidCare, TANF, or Food |
18 |
| Stamps,
excluding pupils who are eligible for services provided |
19 |
| by the Department
of Children and Family Services,
averaged |
20 |
| over
the 2 immediately preceding fiscal years for fiscal year |
21 |
| 2004 and over the 3
immediately preceding fiscal years for each |
22 |
| fiscal year thereafter)
divided by the Average Daily Attendance |
23 |
| of the school district.
|
24 |
| (2) Supplemental general State aid pursuant to this |
25 |
| subsection (H) shall
be
provided as follows for the 1998-1999, |
26 |
| 1999-2000, and 2000-2001 school years
only:
|
|
|
|
HB4151 |
- 117 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| (a) For any school district with a Low Income |
2 |
| Concentration Level of at
least 20% and less than 35%, the |
3 |
| grant for any school year
shall be $800
multiplied by the |
4 |
| low income eligible pupil count.
|
5 |
| (b) For any school district with a Low Income |
6 |
| Concentration Level of at
least 35% and less than 50%, the |
7 |
| grant for the 1998-1999 school year shall be
$1,100 |
8 |
| multiplied by the low income eligible pupil count.
|
9 |
| (c) For any school district with a Low Income |
10 |
| Concentration Level of at
least 50% and less than 60%, the |
11 |
| grant for the 1998-99 school year shall be
$1,500 |
12 |
| multiplied by the low income eligible pupil count.
|
13 |
| (d) For any school district with a Low Income |
14 |
| Concentration Level of 60%
or more, the grant for the |
15 |
| 1998-99 school year shall be $1,900 multiplied by
the low |
16 |
| income eligible pupil count.
|
17 |
| (e) For the 1999-2000 school year, the per pupil amount |
18 |
| specified in
subparagraphs (b), (c), and (d) immediately |
19 |
| above shall be increased to $1,243,
$1,600, and $2,000, |
20 |
| respectively.
|
21 |
| (f) For the 2000-2001 school year, the per pupil |
22 |
| amounts specified in
subparagraphs (b), (c), and (d) |
23 |
| immediately above shall be
$1,273, $1,640, and $2,050, |
24 |
| respectively.
|
25 |
| (2.5) Supplemental general State aid pursuant to this |
26 |
| subsection (H)
shall be provided as follows for the 2002-2003 |
|
|
|
HB4151 |
- 118 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| school year:
|
2 |
| (a) For any school district with a Low Income |
3 |
| Concentration Level of less
than 10%, the grant for each |
4 |
| school year shall be $355 multiplied by the low
income |
5 |
| eligible pupil count.
|
6 |
| (b) For any school district with a Low Income |
7 |
| Concentration
Level of at least 10% and less than 20%, the |
8 |
| grant for each school year shall
be $675
multiplied by the |
9 |
| low income eligible pupil
count.
|
10 |
| (c) For any school district with a Low Income |
11 |
| Concentration
Level of at least 20% and less than 35%, the |
12 |
| grant for each school year shall
be $1,330
multiplied by |
13 |
| the low income eligible pupil
count.
|
14 |
| (d) For any school district with a Low Income |
15 |
| Concentration
Level of at least 35% and less than 50%, the |
16 |
| grant for each school year shall
be $1,362
multiplied by |
17 |
| the low income eligible pupil
count.
|
18 |
| (e) For any school district with a Low Income |
19 |
| Concentration
Level of at least 50% and less than 60%, the |
20 |
| grant for each school year shall
be $1,680
multiplied by |
21 |
| the low income eligible pupil
count.
|
22 |
| (f) For any school district with a Low Income |
23 |
| Concentration
Level of 60% or more, the grant for each |
24 |
| school year shall be $2,080
multiplied by the low income |
25 |
| eligible pupil count.
|
26 |
| (2.10) Except as otherwise provided, supplemental general |
|
|
|
HB4151 |
- 119 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| State aid
pursuant to this subsection
(H) shall be provided as |
2 |
| follows for the 2003-2004 school year and each
school year |
3 |
| thereafter:
|
4 |
| (a) For any school district with a Low Income |
5 |
| Concentration
Level of 15% or less, the grant for each |
6 |
| school year
shall be $355 multiplied by the low income |
7 |
| eligible pupil count.
|
8 |
| (b) For any school district with a Low Income |
9 |
| Concentration
Level greater than 15%, the grant for each |
10 |
| school year shall be
$294.25 added to the product of $2,700 |
11 |
| and the square of the Low
Income Concentration Level, all |
12 |
| multiplied by the low income
eligible pupil count.
|
13 |
| For the 2003-2004 school year and each school year through |
14 |
| the 2007-2008 school year , 2004-2005 school year,
2005-2006 |
15 |
| school year, and 2006-2007 school year only, the grant shall be |
16 |
| no less than the
grant
for
the 2002-2003 school year. For the |
17 |
| 2008-2009
2007-2008 school year only, the grant shall
be no
|
18 |
| less than the grant for the 2002-2003 school year multiplied by |
19 |
| 0.66. For the
2009-2010
2008-2009
school year only, the grant |
20 |
| shall be no less than the grant for the 2002-2003
school year
|
21 |
| multiplied by 0.33. Notwithstanding the provisions of this |
22 |
| paragraph to the contrary, if for any school year supplemental |
23 |
| general State aid grants are prorated as provided in paragraph |
24 |
| (1) of this subsection (H), then the grants under this |
25 |
| paragraph shall be prorated.
|
26 |
| For the 2003-2004 school year only, the grant shall be no |
|
|
|
HB4151 |
- 120 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| greater
than the grant received during the 2002-2003 school |
2 |
| year added to the
product of 0.25 multiplied by the difference |
3 |
| between the grant amount
calculated under subsection (a) or (b) |
4 |
| of this paragraph (2.10), whichever
is applicable, and the |
5 |
| grant received during the 2002-2003 school year.
For the |
6 |
| 2004-2005 school year only, the grant shall be no greater than
|
7 |
| the grant received during the 2002-2003 school year added to |
8 |
| the
product of 0.50 multiplied by the difference between the |
9 |
| grant amount
calculated under subsection (a) or (b) of this |
10 |
| paragraph (2.10), whichever
is applicable, and the grant |
11 |
| received during the 2002-2003 school year.
For the 2005-2006 |
12 |
| school year only, the grant shall be no greater than
the grant |
13 |
| received during the 2002-2003 school year added to the
product |
14 |
| of 0.75 multiplied by the difference between the grant amount
|
15 |
| calculated under subsection (a) or (b) of this paragraph |
16 |
| (2.10), whichever
is applicable, and the grant received during |
17 |
| the 2002-2003
school year.
|
18 |
| (3) School districts with an Average Daily Attendance of |
19 |
| more than 1,000
and less than 50,000 that qualify for |
20 |
| supplemental general State aid pursuant
to this subsection |
21 |
| shall submit a plan to the State Board of Education prior to
|
22 |
| October 30 of each year for the use of the funds resulting from |
23 |
| this grant of
supplemental general State aid for the |
24 |
| improvement of
instruction in which priority is given to |
25 |
| meeting the education needs of
disadvantaged children. Such |
26 |
| plan shall be submitted in accordance with
rules and |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| regulations promulgated by the State Board of Education.
|
2 |
| (4) School districts with an Average Daily Attendance of |
3 |
| 50,000 or more
that qualify for supplemental general State aid |
4 |
| pursuant to this subsection
shall be required to distribute |
5 |
| from funds available pursuant to this Section,
no less than |
6 |
| $261,000,000 in accordance with the following requirements:
|
7 |
| (a) The required amounts shall be distributed to the |
8 |
| attendance centers
within the district in proportion to the |
9 |
| number of pupils enrolled at each
attendance center who are |
10 |
| eligible to receive free or reduced-price lunches or
|
11 |
| breakfasts under the federal Child Nutrition Act of 1966 |
12 |
| and under the National
School Lunch Act during the |
13 |
| immediately preceding school year.
|
14 |
| (b) The distribution of these portions of supplemental |
15 |
| and general State
aid among attendance centers according to |
16 |
| these requirements shall not be
compensated for or |
17 |
| contravened by adjustments of the total of other funds
|
18 |
| appropriated to any attendance centers, and the Board of |
19 |
| Education shall
utilize funding from one or several sources |
20 |
| in order to fully implement this
provision annually prior |
21 |
| to the opening of school.
|
22 |
| (c) Each attendance center shall be provided by the
|
23 |
| school district a distribution of noncategorical funds and |
24 |
| other
categorical funds to which an attendance center is |
25 |
| entitled under law in
order that the general State aid and |
26 |
| supplemental general State aid provided
by application of |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| this subsection supplements rather than supplants the
|
2 |
| noncategorical funds and other categorical funds provided |
3 |
| by the school
district to the attendance centers.
|
4 |
| (d) Any funds made available under this subsection that |
5 |
| by reason of the
provisions of this subsection are not
|
6 |
| required to be allocated and provided to attendance centers |
7 |
| may be used and
appropriated by the board of the district |
8 |
| for any lawful school purpose.
|
9 |
| (e) Funds received by an attendance center
pursuant to |
10 |
| this
subsection shall be used
by the attendance center at |
11 |
| the discretion
of the principal and local school council |
12 |
| for programs to improve educational
opportunities at |
13 |
| qualifying schools through the following programs and
|
14 |
| services: early childhood education, reduced class size or |
15 |
| improved adult to
student classroom ratio, enrichment |
16 |
| programs, remedial assistance, attendance
improvement, and |
17 |
| other educationally beneficial expenditures which
|
18 |
| supplement
the regular and basic programs as determined by |
19 |
| the State Board of Education.
Funds provided shall not be |
20 |
| expended for any political or lobbying purposes
as defined |
21 |
| by board rule.
|
22 |
| (f) Each district subject to the provisions of this |
23 |
| subdivision (H)(4)
shall submit an
acceptable plan to meet |
24 |
| the educational needs of disadvantaged children, in
|
25 |
| compliance with the requirements of this paragraph, to the |
26 |
| State Board of
Education prior to July 15 of each year. |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| This plan shall be consistent with the
decisions of local |
2 |
| school councils concerning the school expenditure plans
|
3 |
| developed in accordance with part 4 of Section 34-2.3. The |
4 |
| State Board shall
approve or reject the plan within 60 days |
5 |
| after its submission. If the plan is
rejected, the district |
6 |
| shall give written notice of intent to modify the plan
|
7 |
| within 15 days of the notification of rejection and then |
8 |
| submit a modified plan
within 30 days after the date of the |
9 |
| written notice of intent to modify.
Districts may amend |
10 |
| approved plans pursuant to rules promulgated by the State
|
11 |
| Board of Education.
|
12 |
| Upon notification by the State Board of Education that |
13 |
| the district has
not submitted a plan prior to July 15 or a |
14 |
| modified plan within the time
period specified herein, the
|
15 |
| State aid funds affected by that plan or modified plan |
16 |
| shall be withheld by the
State Board of Education until a |
17 |
| plan or modified plan is submitted.
|
18 |
| If the district fails to distribute State aid to |
19 |
| attendance centers in
accordance with an approved plan, the |
20 |
| plan for the following year shall
allocate funds, in |
21 |
| addition to the funds otherwise required by this
|
22 |
| subsection, to those attendance centers which were |
23 |
| underfunded during the
previous year in amounts equal to |
24 |
| such underfunding.
|
25 |
| For purposes of determining compliance with this |
26 |
| subsection in relation
to the requirements of attendance |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| center funding, each district subject to the
provisions of |
2 |
| this
subsection shall submit as a separate document by |
3 |
| December 1 of each year a
report of expenditure data for |
4 |
| the prior year in addition to any
modification of its |
5 |
| current plan. If it is determined that there has been
a |
6 |
| failure to comply with the expenditure provisions of this |
7 |
| subsection
regarding contravention or supplanting, the |
8 |
| State Superintendent of
Education shall, within 60 days of |
9 |
| receipt of the report, notify the
district and any affected |
10 |
| local school council. The district shall within
45 days of |
11 |
| receipt of that notification inform the State |
12 |
| Superintendent of
Education of the remedial or corrective |
13 |
| action to be taken, whether by
amendment of the current |
14 |
| plan, if feasible, or by adjustment in the plan
for the |
15 |
| following year. Failure to provide the expenditure report |
16 |
| or the
notification of remedial or corrective action in a |
17 |
| timely manner shall
result in a withholding of the affected |
18 |
| funds.
|
19 |
| The State Board of Education shall promulgate rules and |
20 |
| regulations
to implement the provisions of this |
21 |
| subsection. No funds shall be released
under this |
22 |
| subdivision (H)(4) to any district that has not submitted a |
23 |
| plan
that has been approved by the State Board of |
24 |
| Education.
|
25 |
| (I) (Blank).
|
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| (J) Supplementary Grants in Aid.
|
2 |
| (1) Notwithstanding any other provisions of this Section, |
3 |
| the amount of the
aggregate general State aid in combination |
4 |
| with supplemental general State aid
under this Section for |
5 |
| which
each school district is eligible shall be no
less than |
6 |
| the amount of the aggregate general State aid entitlement that |
7 |
| was
received by the district under Section
18-8 (exclusive of |
8 |
| amounts received
under subsections 5(p) and 5(p-5) of that |
9 |
| Section)
for the 1997-98 school year,
pursuant to the |
10 |
| provisions of that Section as it was then in effect.
If a |
11 |
| school district qualifies to receive a supplementary payment |
12 |
| made under
this subsection (J), the amount
of the aggregate |
13 |
| general State aid in combination with supplemental general
|
14 |
| State aid under this Section
which that district is eligible to |
15 |
| receive for each school year shall be no less than the amount |
16 |
| of the aggregate
general State aid entitlement that was |
17 |
| received by the district under
Section 18-8 (exclusive of |
18 |
| amounts received
under subsections 5(p) and 5(p-5) of that |
19 |
| Section)
for the 1997-1998 school year, pursuant to the |
20 |
| provisions of that
Section as it was then in effect.
|
21 |
| (2) If, as provided in paragraph (1) of this subsection |
22 |
| (J), a school
district is to receive aggregate general State |
23 |
| aid in
combination with supplemental general State aid under |
24 |
| this Section for the 1998-99 school year and any subsequent |
25 |
| school
year that in any such school year is less than the |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| amount of the aggregate
general
State
aid entitlement that the |
2 |
| district received for the 1997-98 school year, the
school |
3 |
| district shall also receive, from a separate appropriation made |
4 |
| for
purposes of this subsection (J), a supplementary payment |
5 |
| that is equal to the
amount of the difference in the aggregate |
6 |
| State aid figures as described in
paragraph (1).
|
7 |
| (3) (Blank).
|
8 |
| (K) Grants to Laboratory and Alternative Schools.
|
9 |
| In calculating the amount to be paid to the governing board |
10 |
| of a public
university that operates a laboratory school under |
11 |
| this Section or to any
alternative school that is operated by a |
12 |
| regional superintendent of schools,
the State
Board of |
13 |
| Education shall require by rule such reporting requirements as |
14 |
| it
deems necessary.
|
15 |
| As used in this Section, "laboratory school" means a public |
16 |
| school which is
created and operated by a public university and |
17 |
| approved by the State Board of
Education. The governing board |
18 |
| of a public university which receives funds
from the State |
19 |
| Board under this subsection (K) may not increase the number of
|
20 |
| students enrolled in its laboratory
school from a single |
21 |
| district, if that district is already sending 50 or more
|
22 |
| students, except under a mutual agreement between the school |
23 |
| board of a
student's district of residence and the university |
24 |
| which operates the
laboratory school. A laboratory school may |
25 |
| not have more than 1,000 students,
excluding students with |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| disabilities in a special education program.
|
2 |
| As used in this Section, "alternative school" means a |
3 |
| public school which is
created and operated by a Regional |
4 |
| Superintendent of Schools and approved by
the State Board of |
5 |
| Education. Such alternative schools may offer courses of
|
6 |
| instruction for which credit is given in regular school |
7 |
| programs, courses to
prepare students for the high school |
8 |
| equivalency testing program or vocational
and occupational |
9 |
| training. A regional superintendent of schools may contract
|
10 |
| with a school district or a public community college district |
11 |
| to operate an
alternative school. An alternative school serving |
12 |
| more than one educational
service region may be established by |
13 |
| the regional superintendents of schools
of the affected |
14 |
| educational service regions. An alternative school
serving |
15 |
| more than one educational service region may be operated under |
16 |
| such
terms as the regional superintendents of schools of those |
17 |
| educational service
regions may agree.
|
18 |
| Each laboratory and alternative school shall file, on forms |
19 |
| provided by the
State Superintendent of Education, an annual |
20 |
| State aid claim which states the
Average Daily Attendance of |
21 |
| the school's students by month. The best 3 months'
Average |
22 |
| Daily Attendance shall be computed for each school.
The general |
23 |
| State aid entitlement shall be computed by multiplying the
|
24 |
| applicable Average Daily Attendance by the Foundation Level as |
25 |
| determined under
this Section.
|
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| (L) Payments, Additional Grants in Aid and Other Requirements.
|
2 |
| (1) For a school district operating under the financial |
3 |
| supervision
of an Authority created under Article 34A, the |
4 |
| general State aid otherwise
payable to that district under this |
5 |
| Section, but not the supplemental general
State aid, shall be |
6 |
| reduced by an amount equal to the budget for
the operations of |
7 |
| the Authority as certified by the Authority to the State
Board |
8 |
| of Education, and an amount equal to such reduction shall be |
9 |
| paid
to the Authority created for such district for its |
10 |
| operating expenses in
the manner provided in Section 18-11. The |
11 |
| remainder
of general State school aid for any such district |
12 |
| shall be paid in accordance
with Article 34A when that Article |
13 |
| provides for a disposition other than that
provided by this |
14 |
| Article.
|
15 |
| (2) (Blank).
|
16 |
| (3) Summer school. Summer school payments shall be made as |
17 |
| provided in
Section 18-4.3.
|
18 |
| (M) Education Funding Advisory Board.
|
19 |
| The Education Funding Advisory
Board, hereinafter in this |
20 |
| subsection (M) referred to as the "Board", is hereby
created. |
21 |
| The Board
shall consist of 5 members who are appointed by the |
22 |
| Governor, by and with the
advice and consent of the Senate. The |
23 |
| members appointed shall include
representatives of education, |
24 |
| business, and the general public. One of the
members so |
25 |
| appointed shall be
designated by the Governor at the time the |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| appointment is made as the
chairperson of the
Board.
The |
2 |
| initial members of the Board may
be appointed any time after |
3 |
| the effective date of this amendatory Act of
1997. The regular |
4 |
| term of each member of the
Board shall be for 4 years from the |
5 |
| third Monday of January of the
year in which the term of the |
6 |
| member's appointment is to commence, except that
of the 5 |
7 |
| initial members appointed to serve on the
Board, the member who |
8 |
| is appointed as the chairperson shall serve for
a term that |
9 |
| commences on the date of his or her appointment and expires on |
10 |
| the
third Monday of January, 2002, and the remaining 4 members, |
11 |
| by lots drawn at
the first meeting of the Board that is
held
|
12 |
| after all 5 members are appointed, shall determine 2 of their |
13 |
| number to serve
for terms that commence on the date of their
|
14 |
| respective appointments and expire on the third
Monday of |
15 |
| January, 2001,
and 2 of their number to serve for terms that |
16 |
| commence
on the date of their respective appointments and |
17 |
| expire on the third Monday
of January, 2000. All members |
18 |
| appointed to serve on the
Board shall serve until their |
19 |
| respective successors are
appointed and confirmed. Vacancies |
20 |
| shall be filled in the same manner as
original appointments. If |
21 |
| a vacancy in membership occurs at a time when the
Senate is not |
22 |
| in session, the Governor shall make a temporary appointment |
23 |
| until
the next meeting of the Senate, when he or she shall |
24 |
| appoint, by and with the
advice and consent of the Senate, a |
25 |
| person to fill that membership for the
unexpired term. If the |
26 |
| Senate is not in session when the initial appointments
are |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| made, those appointments shall
be made as in the case of |
2 |
| vacancies.
|
3 |
| The Education Funding Advisory Board shall be deemed |
4 |
| established,
and the initial
members appointed by the Governor |
5 |
| to serve as members of the
Board shall take office,
on the date |
6 |
| that the
Governor makes his or her appointment of the fifth |
7 |
| initial member of the
Board, whether those initial members are |
8 |
| then serving
pursuant to appointment and confirmation or |
9 |
| pursuant to temporary appointments
that are made by the |
10 |
| Governor as in the case of vacancies.
|
11 |
| The State Board of Education shall provide such staff |
12 |
| assistance to the
Education Funding Advisory Board as is |
13 |
| reasonably required for the proper
performance by the Board of |
14 |
| its responsibilities.
|
15 |
| For school years after the 2000-2001 school year, the |
16 |
| Education
Funding Advisory Board, in consultation with the |
17 |
| State Board of Education,
shall make recommendations as |
18 |
| provided in this subsection (M) to the General
Assembly for the |
19 |
| foundation level under subdivision (B)(3) of this Section and
|
20 |
| for the
supplemental general State aid grant level under |
21 |
| subsection (H) of this Section
for districts with high |
22 |
| concentrations of children from poverty. The
recommended |
23 |
| foundation level shall be determined based on a methodology |
24 |
| which
incorporates the basic education expenditures of |
25 |
| low-spending schools
exhibiting high academic performance. The |
26 |
| Education Funding Advisory Board
shall make such |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| recommendations to the General Assembly on January 1 of odd
|
2 |
| numbered years, beginning January 1, 2001.
|
3 |
| (N) (Blank).
|
4 |
| (O) References.
|
5 |
| (1) References in other laws to the various subdivisions of
|
6 |
| Section 18-8 as that Section existed before its repeal and |
7 |
| replacement by this
Section 18-8.05 shall be deemed to refer to |
8 |
| the corresponding provisions of
this Section 18-8.05, to the |
9 |
| extent that those references remain applicable.
|
10 |
| (2) References in other laws to State Chapter 1 funds shall |
11 |
| be deemed to
refer to the supplemental general State aid |
12 |
| provided under subsection (H) of
this Section.
|
13 |
| (P) Public Act 93-838 and Public Act 93-808 make inconsistent |
14 |
| changes to this Section. Under Section 6 of the Statute on |
15 |
| Statutes there is an irreconcilable conflict between Public Act |
16 |
| 93-808 and Public Act 93-838. Public Act 93-838, being the last |
17 |
| acted upon, is controlling. The text of Public Act 93-838 is |
18 |
| the law regardless of the text of Public Act 93-808. |
19 |
| (Source: P.A. 93-21, eff. 7-1-03; 93-715, eff. 7-12-04; 93-808, |
20 |
| eff. 7-26-04; 93-838, eff. 7-30-04; 93-875, eff. 8-6-04; 94-69, |
21 |
| eff. 7-1-05; 94-438, eff. 8-4-05; 94-835, eff. 6-6-06; 94-1019, |
22 |
| eff. 7-10-06; 94-1105, eff. 6-1-07; revised 2-18-07.) |
|
|
|
HB4151 |
- 132 - |
LRB095 13975 RAS 39788 b |
|
|
1 |
| (105 ILCS 5/21-29 new)
|
2 |
| Sec. 21-29. Salary Incentive Program for Hard-to-Staff |
3 |
| Schools. |
4 |
| (a) The Salary Incentive Program for Hard-to-Staff Schools |
5 |
| is established to provide categorical funding for monetary |
6 |
| incentives and bonuses for teachers and school administrators |
7 |
| who are employed by school districts designated as |
8 |
| hard-to-staff by the State Board of Education. The State Board |
9 |
| of Education shall allocate and distribute to qualifying school |
10 |
| districts an amount as annually appropriated by the General |
11 |
| Assembly for the Salary Incentive Program for Hard-to-Staff |
12 |
| Schools. The State Board of Education's annual budget must set |
13 |
| out by separate line item the appropriation for the program. |
14 |
| (b) Unless otherwise provided by appropriation, each |
15 |
| school district's annual allocation under the Salary Incentive |
16 |
| Program for Hard-to-Staff Schools shall be the sum of the |
17 |
| following incentives and bonuses: |
18 |
| (1) An annual payment of $3,000 to be paid to each |
19 |
| certificated teacher employed as a school teacher by a |
20 |
| school district. The school district shall distribute this |
21 |
| payment to each eligible teacher as a single payment or in |
22 |
| not more than 3 payments. |
23 |
| (2) An annual payment of $5,000 to each certificated |
24 |
| principal that is employed as a school principal by a |
25 |
| school district. The school district shall distribute this |
26 |
| payment to each eligible principal as a single payment or |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| in not more than 3 payments. |
2 |
| (c) Each regional superintendent of schools shall provide |
3 |
| information about the Salary Incentive Program for |
4 |
| Hard-to-Staff Schools to each individual seeking to register or |
5 |
| renew a certificate.
|
6 |
| (105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
|
7 |
| Sec. 29-3. Transportation in school districts. School |
8 |
| boards
of community consolidated districts, community unit
|
9 |
| districts, consolidated districts, and consolidated high |
10 |
| school
districts, optional elementary unit districts, combined |
11 |
| high school - unit districts,
and combined school districts if |
12 |
| the combined district
includes any district which was |
13 |
| previously required to provide
transportation, and any newly |
14 |
| created elementary or high school districts resulting from a |
15 |
| high school - unit conversion, a unit to dual conversion, or a |
16 |
| multi-unit conversion if the newly created district includes |
17 |
| any area that was previously required to provide transportation
|
18 |
| shall provide free transportation
for pupils residing at a |
19 |
| distance of one and one-half miles or more from
any school to |
20 |
| which they are assigned for attendance maintained within the
|
21 |
| district , except for those pupils for whom the school board |
22 |
| shall certify to
the State Board of Education that adequate |
23 |
| transportation for the public is
available.
|
24 |
| For the purpose of this Act 1 1/2 miles distance shall be |
25 |
| from the exit
of the property where the pupil resides to the |
|
|
|
HB4151 |
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LRB095 13975 RAS 39788 b |
|
|
1 |
| point where pupils are normally
unloaded at the school |
2 |
| attended; such distance shall be measured by determining
the |
3 |
| shortest distance on normally traveled roads or streets.
|
4 |
| Such school board may comply with the provisions of this |
5 |
| Section by
providing free transportation for pupils to and from |
6 |
| an assigned school
and a pick-up point located not more than |
7 |
| one and one-half miles from
the home of each pupil assigned to |
8 |
| such point.
|
9 |
| For the purposes of this Act "adequate transportation for |
10 |
| the public"
shall be assumed to exist for such pupils as can |
11 |
| reach school by
walking, one way, along normally traveled roads |
12 |
| or streets
less than 1
1/2 miles irrespective of the distance |
13 |
| the
pupil is transported by public transportation.
|
14 |
| In addition to the other requirements of this Section, each |
15 |
| school board may
provide free transportation for any pupil |
16 |
| residing within 1 1/2 miles from the
school attended where |
17 |
| conditions are such that walking, either to or from the
school |
18 |
| to which a pupil is assigned for attendance or to or from a |
19 |
| pick-up
point or bus stop, constitutes a serious hazard to the |
20 |
| safety of the pupil
due to vehicular traffic or rail crossings. |
21 |
| Such transportation shall not
be provided if adequate |
22 |
| transportation for the public is available.
|
23 |
| The determination as to what constitutes a serious safety |
24 |
| hazard shall
be made by the school board, in accordance with |
25 |
| guidelines promulgated by
the Illinois Department of |
26 |
| Transportation, in consultation with the State
Superintendent |
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| of Education. A school board, on written petition of the
parent |
2 |
| or guardian of a pupil for whom adequate transportation for the |
3 |
| public
is alleged not to exist because the pupil is required to |
4 |
| walk along normally
traveled roads or streets where walking is |
5 |
| alleged to constitute a serious
safety hazard due to vehicular |
6 |
| traffic or rail crossings, or who is required to
walk between |
7 |
| the
pupil's home and assigned school or between the pupil's |
8 |
| home or assigned school
and a pick-up point or bus stop along |
9 |
| roads or streets where walking is alleged
to constitute a |
10 |
| serious safety hazard due to vehicular traffic or rail
|
11 |
| crossings, shall conduct a
study and make findings, which the |
12 |
| Department of Transportation shall review
and approve
or |
13 |
| disapprove as provided in this Section, to determine whether a |
14 |
| serious
safety hazard exists as alleged in the petition. The
|
15 |
| Department of Transportation shall review
the findings of the |
16 |
| school board and shall approve or disapprove the school
board's |
17 |
| determination that a serious safety hazard exists within 30 |
18 |
| days
after the school board submits its findings to the |
19 |
| Department. The school board
shall annually review the |
20 |
| conditions and determine whether or not the hazardous |
21 |
| conditions remain unchanged. The
State Superintendent of |
22 |
| Education may request that the Illinois Department
of |
23 |
| Transportation verify that the conditions have not changed. No |
24 |
| action
shall lie against the school board, the State |
25 |
| Superintendent of Education
or the Illinois Department of |
26 |
| Transportation for decisions made in accordance
with this |
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| Section. The provisions of the Administrative Review Law and |
2 |
| all
amendments and modifications thereof and the rules adopted |
3 |
| pursuant thereto
shall apply to and govern all proceedings |
4 |
| instituted for the judicial
review of final administrative |
5 |
| decisions of the Department of
Transportation under this |
6 |
| Section.
|
7 |
| (Source: P.A. 94-439, eff. 8-4-05.)
|
8 |
| (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) |
9 |
| Sec. 29-5. Reimbursement by State for transportation. Any |
10 |
| school
district, maintaining a school, transporting resident |
11 |
| pupils to another
school district's vocational program, |
12 |
| offered through a joint agreement
approved by the State Board |
13 |
| of Education, as provided in Section
10-22.22 or transporting |
14 |
| its resident pupils to a school which meets the
standards for |
15 |
| recognition as established by the State Board of Education
|
16 |
| which provides transportation meeting the standards of safety, |
17 |
| comfort,
convenience, efficiency and operation prescribed by |
18 |
| the State Board of
Education for resident pupils in |
19 |
| kindergarten or any of grades 1 through
12 who: (a) reside at |
20 |
| least 1 1/2 miles as measured by the customary route of
travel, |
21 |
| from the school attended; or (b) reside in areas where |
22 |
| conditions are
such that walking constitutes a hazard to the |
23 |
| safety of the child when
determined under Section 29-3; and (c) |
24 |
| are transported to the school attended
from pick-up points at |
25 |
| the beginning of the school day and back again at the
close of |
|
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HB4151 |
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| the school day or transported to and from their assigned |
2 |
| attendance
centers during the school day, shall be reimbursed |
3 |
| by the State as hereinafter
provided in this Section.
|
4 |
| The State will pay the cost of transporting eligible pupils |
5 |
| less the
assessed valuation in a dual school district |
6 |
| maintaining secondary
grades 9 to 12 inclusive times a |
7 |
| qualifying rate of .05%; in elementary
school districts |
8 |
| maintaining grades K to 8 times a qualifying rate of
.06%; and
|
9 |
| in unit districts maintaining grades K to 12 , including |
10 |
| optional elementary unit districts and combined high school - |
11 |
| unit districts, times a qualifying
rate of .07% ; provided that |
12 |
| for optional elementary unit districts and combined high school - |
13 |
| unit districts, assessed valuation for high school purposes, |
14 |
| as defined in Article 11E of this Code, must be used . To be |
15 |
| eligible to receive reimbursement in excess of 4/5
of the cost |
16 |
| to transport eligible pupils, a school district shall have a
|
17 |
| Transportation Fund tax rate of at least .12%. If a school |
18 |
| district
does not have a .12% Transportation Fund tax rate, the |
19 |
| amount of its
claim in excess of 4/5 of the cost of |
20 |
| transporting pupils shall be
reduced by the sum arrived at by |
21 |
| subtracting the Transportation Fund tax
rate from .12% and |
22 |
| multiplying that amount by the districts equalized or
assessed |
23 |
| valuation, provided, that in no case shall said reduction
|
24 |
| result in reimbursement of less than 4/5 of the cost to |
25 |
| transport
eligible pupils.
|
26 |
| The minimum amount to be received by a district is $16 |
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| times the
number of eligible pupils transported.
|
2 |
| Any such district transporting resident pupils during the |
3 |
| school day
to an area vocational school or another school |
4 |
| district's vocational
program more than 1 1/2 miles from the |
5 |
| school attended, as provided in
Sections 10-22.20a and |
6 |
| 10-22.22, shall be reimbursed by the State for 4/5
of the cost |
7 |
| of transporting eligible pupils.
|
8 |
| School day means that period of time which the pupil is |
9 |
| required to be
in attendance for instructional purposes.
|
10 |
| If a pupil is at a location within the school district |
11 |
| other than his
residence for child care purposes at the time |
12 |
| for transportation to school,
that location may be considered |
13 |
| for purposes of determining the 1 1/2 miles
from the school |
14 |
| attended.
|
15 |
| Claims for reimbursement that include children who attend |
16 |
| any school
other than a public school shall show the number of |
17 |
| such children
transported.
|
18 |
| Claims for reimbursement under this Section shall not be |
19 |
| paid for the
transportation of pupils for whom transportation |
20 |
| costs are claimed for
payment under other Sections of this Act.
|
21 |
| The allowable direct cost of transporting pupils for |
22 |
| regular, vocational,
and special education pupil |
23 |
| transportation shall be limited to the sum of
the cost of |
24 |
| physical examinations required for employment as a school bus
|
25 |
| driver; the salaries of full or part-time drivers and school |
26 |
| bus maintenance
personnel; employee benefits excluding |
|
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HB4151 |
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| Illinois municipal retirement
payments, social security |
2 |
| payments, unemployment insurance payments and
workers' |
3 |
| compensation insurance premiums; expenditures to independent
|
4 |
| carriers who operate school buses; payments to other school |
5 |
| districts for
pupil transportation services; pre-approved |
6 |
| contractual expenditures for
computerized bus scheduling; the |
7 |
| cost of gasoline, oil, tires, and other
supplies necessary for |
8 |
| the operation of school buses; the cost of
converting buses' |
9 |
| gasoline engines to more fuel efficient engines or to
engines |
10 |
| which use alternative energy sources; the cost of travel to
|
11 |
| meetings and workshops conducted by the regional |
12 |
| superintendent or the
State Superintendent of Education |
13 |
| pursuant to the standards established by
the Secretary of State |
14 |
| under Section 6-106 of the Illinois Vehicle Code to improve the |
15 |
| driving skills of
school bus drivers; the cost of maintenance |
16 |
| of school buses including parts
and materials used; |
17 |
| expenditures for leasing transportation vehicles,
except |
18 |
| interest and service charges; the cost of insurance and |
19 |
| licenses for
transportation vehicles; expenditures for the |
20 |
| rental of transportation
equipment; plus a depreciation |
21 |
| allowance of 20% for 5 years for school
buses and vehicles |
22 |
| approved for transporting pupils to and from school and
a |
23 |
| depreciation allowance of 10% for 10 years for other |
24 |
| transportation
equipment so used.
Each school year, if a school |
25 |
| district has made expenditures to the
Regional Transportation |
26 |
| Authority or any of its service boards, a mass
transit |
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HB4151 |
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LRB095 13975 RAS 39788 b |
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| district, or an urban transportation district under an
|
2 |
| intergovernmental agreement with the district to provide for |
3 |
| the
transportation of pupils and if the public transit carrier |
4 |
| received direct
payment for services or passes from a school |
5 |
| district within its service
area during the 2000-2001 school |
6 |
| year, then the allowable direct cost of
transporting pupils for |
7 |
| regular, vocational, and special education pupil
|
8 |
| transportation shall also include the expenditures that the |
9 |
| district has
made to the public transit carrier.
In addition to |
10 |
| the above allowable costs school
districts shall also claim all |
11 |
| transportation supervisory salary costs,
including Illinois |
12 |
| municipal retirement payments, and all transportation
related |
13 |
| building and building maintenance costs without limitation.
|
14 |
| Special education allowable costs shall also include |
15 |
| expenditures for the
salaries of attendants or aides for that |
16 |
| portion of the time they assist
special education pupils while |
17 |
| in transit and expenditures for parents and
public carriers for |
18 |
| transporting special education pupils when pre-approved
by the |
19 |
| State Superintendent of Education.
|
20 |
| Indirect costs shall be included in the reimbursement claim |
21 |
| for districts
which own and operate their own school buses. |
22 |
| Such indirect costs shall
include administrative costs, or any |
23 |
| costs attributable to transporting
pupils from their |
24 |
| attendance centers to another school building for
|
25 |
| instructional purposes. No school district which owns and |
26 |
| operates its own
school buses may claim reimbursement for |
|
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HB4151 |
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LRB095 13975 RAS 39788 b |
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1 |
| indirect costs which exceed 5% of
the total allowable direct |
2 |
| costs for pupil transportation.
|
3 |
| The State Board of Education shall prescribe uniform |
4 |
| regulations for
determining the above standards and shall |
5 |
| prescribe forms of cost
accounting and standards of determining |
6 |
| reasonable depreciation. Such
depreciation shall include the |
7 |
| cost of equipping school buses with the
safety features |
8 |
| required by law or by the rules, regulations and standards
|
9 |
| promulgated by the State Board of Education, and the Department |
10 |
| of
Transportation for the safety and construction of school |
11 |
| buses provided,
however, any equipment cost reimbursed by the |
12 |
| Department of Transportation
for equipping school buses with |
13 |
| such safety equipment shall be deducted
from the allowable cost |
14 |
| in the computation of reimbursement under this
Section in the |
15 |
| same percentage as the cost of the equipment is depreciated.
|
16 |
| On or before August 15, annually, the chief school |
17 |
| administrator for
the district shall certify to the State |
18 |
| Superintendent of Education the
district's claim for |
19 |
| reimbursement for the school year ending on June 30
next |
20 |
| preceding. The State Superintendent of Education shall check |
21 |
| and
approve the claims and prepare the vouchers showing the |
22 |
| amounts due for
district reimbursement claims. Each fiscal |
23 |
| year, the State
Superintendent of Education shall prepare and |
24 |
| transmit the first 3
vouchers to the Comptroller on the 30th |
25 |
| day of September, December and
March, respectively, and the |
26 |
| final voucher, no later than June 20.
|
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HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| If the amount appropriated for transportation |
2 |
| reimbursement is insufficient
to fund total claims for any |
3 |
| fiscal year, the State Board of Education shall
reduce each |
4 |
| school district's allowable costs and flat grant amount
|
5 |
| proportionately to make total adjusted claims equal the total |
6 |
| amount
appropriated.
|
7 |
| For purposes of calculating claims for reimbursement under |
8 |
| this Section
for any school year beginning July 1, 1998, or |
9 |
| thereafter, the
equalized
assessed valuation for a school |
10 |
| district used to compute reimbursement
shall be computed in the |
11 |
| same manner as it is computed under paragraph (2) of
subsection |
12 |
| (G) of Section 18-8.05.
|
13 |
| All reimbursements received from the State shall be |
14 |
| deposited into the
district's transportation fund or into the |
15 |
| fund from which the allowable
expenditures were made.
|
16 |
| Notwithstanding any other provision of law, any school |
17 |
| district receiving
a payment under this Section or under |
18 |
| Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may |
19 |
| classify all or a portion of the funds that it
receives in a |
20 |
| particular fiscal year or from general State aid pursuant to
|
21 |
| Section 18-8.05 of this Code
as funds received in connection |
22 |
| with any funding program for which it is
entitled to receive |
23 |
| funds from the State in that fiscal year (including,
without |
24 |
| limitation, any funding program referenced in this Section),
|
25 |
| regardless of the source or timing of the receipt. The district |
26 |
| may not
classify more funds as funds received in connection |
|
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HB4151 |
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LRB095 13975 RAS 39788 b |
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|
1 |
| with the funding
program than the district is entitled to |
2 |
| receive in that fiscal year for that
program. Any
|
3 |
| classification by a district must be made by a resolution of |
4 |
| its board of
education. The resolution must identify the amount |
5 |
| of any payments or
general State aid to be classified under |
6 |
| this paragraph and must specify
the funding program to which |
7 |
| the funds are to be treated as received in
connection |
8 |
| therewith. This resolution is controlling as to the
|
9 |
| classification of funds referenced therein. A certified copy of |
10 |
| the
resolution must be sent to the State Superintendent of |
11 |
| Education.
The resolution shall still take effect even though a |
12 |
| copy of the resolution has
not been sent to the State
|
13 |
| Superintendent of Education in a timely manner.
No
|
14 |
| classification under this paragraph by a district shall affect |
15 |
| the total amount
or timing of money the district is entitled to |
16 |
| receive under this Code.
No classification under this paragraph |
17 |
| by a district shall
in any way relieve the district from or |
18 |
| affect any
requirements that otherwise would apply with respect |
19 |
| to
that funding program, including any
accounting of funds by |
20 |
| source, reporting expenditures by
original source and purpose,
|
21 |
| reporting requirements,
or requirements of providing services.
|
22 |
| Any school district with a population of not more than |
23 |
| 500,000
must deposit all funds received under this Article into |
24 |
| the transportation
fund and use those funds for the provision |
25 |
| of transportation services.
|
26 |
| (Source: P.A. 93-166, eff. 7-10-03; 93-663, eff. 2-17-04; |