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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||
5 | 2-3.51.5, 2-3.64a, 10-29, 13B-25.25, 18-8.05, 21B-75, and | ||||||||||||||||||||||||
6 | 27A-6 and by adding Section 2-3.64a-5 as follows: | ||||||||||||||||||||||||
7 | (105 ILCS 5/2-3.51.5) | ||||||||||||||||||||||||
8 | Sec. 2-3.51.5. School Safety and Educational Improvement | ||||||||||||||||||||||||
9 | Block Grant
Program. To improve the level of education and | ||||||||||||||||||||||||
10 | safety of students from
kindergarten through grade 12 in school | ||||||||||||||||||||||||
11 | districts and State-recognized, non-public schools. The State | ||||||||||||||||||||||||
12 | Board of
Education is authorized to fund a School Safety and | ||||||||||||||||||||||||
13 | Educational Improvement
Block Grant Program. | ||||||||||||||||||||||||
14 | (1) For school districts, the program shall provide funding | ||||||||||||||||||||||||
15 | for school safety, textbooks and
software, electronic | ||||||||||||||||||||||||
16 | textbooks and the technological equipment necessary to gain | ||||||||||||||||||||||||
17 | access to and use electronic textbooks, teacher training and | ||||||||||||||||||||||||
18 | curriculum development, school improvements, remediation | ||||||||||||||||||||||||
19 | programs under subsection (a) of Section 2-3.64, school
report | ||||||||||||||||||||||||
20 | cards under Section 10-17a, and criminal history records checks
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21 | under Sections 10-21.9 and 34-18.5. For State-recognized, | ||||||||||||||||||||||||
22 | non-public schools, the program shall provide funding for | ||||||||||||||||||||||||
23 | secular textbooks and software, criminal history records |
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1 | checks, and health and safety mandates to the extent that the | ||||||
2 | funds are expended for purely secular purposes. A school | ||||||
3 | district
or laboratory school as defined in Section 18-8 or | ||||||
4 | 18-8.05 is not required
to file an application in order to | ||||||
5 | receive the categorical funding to which it
is entitled under | ||||||
6 | this Section. Funds for the School Safety and Educational
| ||||||
7 | Improvement Block Grant Program shall be distributed to school | ||||||
8 | districts and
laboratory schools based on the prior year's best | ||||||
9 | 3 months average daily
attendance. Funds for the School Safety | ||||||
10 | and Educational Improvement Block Grant Program shall be | ||||||
11 | distributed to State-recognized, non-public schools based on | ||||||
12 | the average daily attendance figure for the previous school | ||||||
13 | year provided to the State Board of Education. The State Board | ||||||
14 | of Education shall develop an application that requires | ||||||
15 | State-recognized, non-public schools to submit average daily | ||||||
16 | attendance figures. A State-recognized, non-public school must | ||||||
17 | submit the application and average daily attendance figure | ||||||
18 | prior to receiving funds under this Section. The State Board of | ||||||
19 | Education shall promulgate rules and
regulations necessary for | ||||||
20 | the implementation of this program. | ||||||
21 | (2) Distribution of moneys to school districts and | ||||||
22 | State-recognized, non-public schools shall be made in 2
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23 | semi-annual installments, one payment on or before October 30, | ||||||
24 | and one
payment prior to April 30, of each fiscal year. | ||||||
25 | (3) Grants under the School Safety and Educational | ||||||
26 | Improvement Block Grant
Program shall be awarded provided there |
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1 | is an appropriation for the program,
and funding levels for | ||||||
2 | each district shall be prorated according to the amount
of the | ||||||
3 | appropriation. | ||||||
4 | (4) The provisions of this Section are in the public | ||||||
5 | interest, are for the public benefit, and serve secular public | ||||||
6 | purposes. | ||||||
7 | (Source: P.A. 95-707, eff. 1-11-08; 96-1403, eff. 7-29-10.)
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8 | (105 ILCS 5/2-3.64a)
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9 | Sec. 2-3.64a. State Testing Review Committee. The State
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10 | Superintendent shall
appoint a committee of no more than 20 | ||||||
11 | consisting
of
parents,
teachers, school administrators, and | ||||||
12 | concerned citizens to
review the Illinois Goals and
Assessment | ||||||
13 | Program tests administered by the State Board of
Education.
The | ||||||
14 | Committee shall select one of the parent representatives as its
| ||||||
15 | chairman.
The Committee shall meet on an ongoing basis to | ||||||
16 | review the content and
design of the tests (including whether | ||||||
17 | the requirements of subsection (i) of Section 2-3.64a-5 of this | ||||||
18 | Code a-5 of
Section 2-3.64 have been met), the time and
money | ||||||
19 | expended at the local and state levels to prepare for and | ||||||
20 | administer the
tests, the collective results of the tests as | ||||||
21 | measured against the stated
purpose of testing student | ||||||
22 | performance, and other issues
involving the tests
identified by | ||||||
23 | the Committee. The Committee shall make periodic
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24 | recommendations to
the State Superintendent and the General | ||||||
25 | Assembly concerning the tests.
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1 | (Source: P.A. 89-184, eff. 7-19-95; 90-789, eff. 8-14-98.)
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2 | (105 ILCS 5/2-3.64a-5 new) | ||||||
3 | Sec. 2-3.64a-5. State goals and assessment. | ||||||
4 | (a) For the assessment and accountability purposes of this | ||||||
5 | Section, "students" includes those students enrolled in a | ||||||
6 | public or State-operated elementary school, secondary school, | ||||||
7 | or cooperative or joint agreement with a governing body or | ||||||
8 | board of control, a charter school operating in compliance with | ||||||
9 | the Charter Schools Law, a school operated by a regional office | ||||||
10 | of education under Section 13A-3 of this Code, or a public | ||||||
11 | school administered by a local public agency or the Department | ||||||
12 | of Human Services. | ||||||
13 | (b) The State Board of Education shall establish the | ||||||
14 | academic standards that are to be applicable to students who | ||||||
15 | are subject to State assessments under this Section. The State | ||||||
16 | Board of Education shall not establish any such standards in | ||||||
17 | final form without first providing opportunities for public | ||||||
18 | participation and local input in the development of the final | ||||||
19 | academic standards. Those opportunities shall include a | ||||||
20 | well-publicized period of public comment and opportunities to | ||||||
21 | file written comments. | ||||||
22 | (c) Beginning no later than the 2014-2015 school year, the | ||||||
23 | State Board of Education shall annually assess all students | ||||||
24 | enrolled in grades 3 through 8 in English language arts and | ||||||
25 | mathematics. |
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1 | Beginning no later than the 2017-2018 school year, the | ||||||
2 | State Board of Education shall annually assess all students in | ||||||
3 | science at one grade in grades 3 through 5, at one grade in | ||||||
4 | grades 6 through 9, and at one grade in grades 10 through 12. | ||||||
5 | The State Board of Education shall annually assess schools | ||||||
6 | that operate a secondary education program, as defined in | ||||||
7 | Section 22-22 of this Code, in English language arts and | ||||||
8 | mathematics. The State Board of Education shall administer no | ||||||
9 | more than 3 assessments, per student, of English language arts | ||||||
10 | and mathematics for students in a secondary education program. | ||||||
11 | One of these assessments shall include a college and career | ||||||
12 | ready determination. | ||||||
13 | Students who are not assessed for college and career ready | ||||||
14 | determinations may not receive a regular high school diploma | ||||||
15 | unless the student is exempted from taking State assessments | ||||||
16 | under subsection (d) of this Section because (i) the student's | ||||||
17 | individualized educational program developed under Article 14 | ||||||
18 | of this Code identifies the State assessment as inappropriate | ||||||
19 | for the student, (ii) the student is enrolled in a program of | ||||||
20 | adult and continuing education, as defined in the Adult | ||||||
21 | Education Act, (iii) the school district is not required to | ||||||
22 | test the individual student for purposes of accountability | ||||||
23 | under federal No Child Left Behind Act of 2001 requirements, | ||||||
24 | (iv) the student has been determined to have limited English | ||||||
25 | proficiency and has attended schools in the United States for | ||||||
26 | less than 12 months, or (v) the student is otherwise identified |
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1 | by the State Board of Education, through rules, as being exempt | ||||||
2 | from the assessment. | ||||||
3 | The State Board of Education shall not assess students | ||||||
4 | under this Section in physical development and health, fine | ||||||
5 | arts, and the social sciences (history, geography, civics, | ||||||
6 | economics, and government). | ||||||
7 | Districts shall inform their students of the timelines and | ||||||
8 | procedures applicable to their participation in every yearly | ||||||
9 | administration of the State assessments.
The State Board of | ||||||
10 | Education shall establish periods of time in each school year | ||||||
11 | during which State testing shall occur to meet the objectives | ||||||
12 | of this Section. | ||||||
13 | (d) Every individualized educational program as described | ||||||
14 | in Article 14 shall identify if the State assessment or | ||||||
15 | components thereof are appropriate for the student. The State | ||||||
16 | Board of Education shall develop rules governing the | ||||||
17 | administration of an alternate assessment that may be available | ||||||
18 | to students for whom participation in this State's regular | ||||||
19 | assessments is not appropriate, even with accommodations as | ||||||
20 | allowed under this Section. | ||||||
21 | Students receiving special education services whose | ||||||
22 | individualized educational programs identify them as eligible | ||||||
23 | for the alternative State assessments nevertheless shall have | ||||||
24 | the option of taking this State's regular assessment that | ||||||
25 | includes a college and career ready determination, which shall | ||||||
26 | be administered in accordance with the eligible accommodations |
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1 | appropriate for meeting these students' respective needs. | ||||||
2 | All students determined to have limited English | ||||||
3 | proficiency shall participate in the State assessments, | ||||||
4 | excepting those students residing in the United States for less | ||||||
5 | than 12 months. Such students may be exempted from | ||||||
6 | participation in one annual administration of the English | ||||||
7 | language arts assessment. Any student determined to have | ||||||
8 | limited English proficiency may receive appropriate assessment | ||||||
9 | accommodations, which shall be established by rule. Approved | ||||||
10 | assessment accommodations may be provided until the student's | ||||||
11 | English language skills develop to the extent that the student | ||||||
12 | is no longer considered to have limited English proficiency, as | ||||||
13 | demonstrated through a State-identified English language | ||||||
14 | proficiency assessment. | ||||||
15 | (e) The results or scores of each assessment taken under | ||||||
16 | this Section shall be made available to the parents of each | ||||||
17 | student. | ||||||
18 | Every school year, scores received by students on the State | ||||||
19 | assessments administered in grades 3 through 12 shall be placed | ||||||
20 | into each student's temporary record maintained pursuant to the | ||||||
21 | Illinois School Student Records Act. | ||||||
22 | (f) All schools shall administer an academic assessment of | ||||||
23 | English language proficiency in oral comprehension (listening | ||||||
24 | and speaking) and reading and writing skills to all children of | ||||||
25 | limited English speaking ability as prescribed by the State | ||||||
26 | Board of Education pursuant to Section 14C-3 of this Code. |
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1 | (g) All schools in this State that are part of the sample | ||||||
2 | drawn by the National Center for Education Statistics, in | ||||||
3 | collaboration with their school districts and the State Board | ||||||
4 | of Education, shall administer the biennial academic | ||||||
5 | assessments under the National Assessment of Educational | ||||||
6 | Progress carried out under Section 411(b)(2) of the federal | ||||||
7 | National Education Statistics Act of 1994 (20 U.S.C. 9010) if | ||||||
8 | the U.S. Secretary of Education pays the costs of administering | ||||||
9 | the assessments. | ||||||
10 | (h) Subject to available funds to this State for the | ||||||
11 | purpose of student assessment, the State Board of Education | ||||||
12 | shall provide additional tests and assessment resources that | ||||||
13 | may be used by school districts for local assessment purposes. | ||||||
14 | The State Board of Education shall annually distribute a | ||||||
15 | listing of these additional resources. | ||||||
16 | (i) For the purposes of this subsection (i), "academically | ||||||
17 | based assessments" means assessments consisting of questions | ||||||
18 | and answers that are measurable and quantifiable to measure the | ||||||
19 | knowledge, skills, and ability of students in the subject | ||||||
20 | matters covered by the tests. All assessments administered | ||||||
21 | pursuant to this Section must be academically based | ||||||
22 | assessments. The scoring of academically based assessments | ||||||
23 | shall be reliable, valid, and fair and shall meet the | ||||||
24 | guidelines for test development and use prescribed by the | ||||||
25 | American Psychological Association, the National Council on | ||||||
26 | Measurement in Education, and the American Educational |
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1 | Research Association. | ||||||
2 | (j) The State Board of Education may adopt rules to | ||||||
3 | implement this Section. | ||||||
4 | (105 ILCS 5/10-29) | ||||||
5 | Sec. 10-29. Remote educational programs. | ||||||
6 | (a) For purposes of this Section, "remote educational | ||||||
7 | program" means an educational program delivered to students in | ||||||
8 | the home or other location outside of a school building that | ||||||
9 | meets all of the following criteria: | ||||||
10 | (1) A student may participate in the program only after | ||||||
11 | the school district, pursuant to adopted school board | ||||||
12 | policy, and a person authorized to enroll the student under | ||||||
13 | Section 10-20.12b of this Code determine that a remote | ||||||
14 | educational program will best serve the student's | ||||||
15 | individual learning needs. The adopted school board policy | ||||||
16 | shall include, but not be limited to, all of the following: | ||||||
17 | (A) Criteria for determining that a remote | ||||||
18 | educational program will best serve a student's | ||||||
19 | individual learning needs. The criteria must include | ||||||
20 | consideration of, at a minimum, a student's prior | ||||||
21 | attendance, disciplinary record, and academic history. | ||||||
22 | (B) Any limitations on the number of students or | ||||||
23 | grade levels that may participate in a remote | ||||||
24 | educational program. | ||||||
25 | (C) A description of the process that the school |
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1 | district will use to approve participation in the | ||||||
2 | remote educational program. The process must include | ||||||
3 | without limitation a requirement that, for any student | ||||||
4 | who qualifies to receive services pursuant to the | ||||||
5 | federal Individuals with Disabilities Education | ||||||
6 | Improvement Act of 2004, the student's participation | ||||||
7 | in a remote educational program receive prior approval | ||||||
8 | from the student's individualized education program | ||||||
9 | team. | ||||||
10 | (D) A description of the process the school | ||||||
11 | district will use to develop and approve a written | ||||||
12 | remote educational plan that meets the requirements of | ||||||
13 | subdivision (5) of this subsection (a). | ||||||
14 | (E) A description of the system the school district | ||||||
15 | will establish to calculate the number of clock hours a | ||||||
16 | student is participating in instruction in accordance | ||||||
17 | with the remote educational program. | ||||||
18 | (F) A description of the process for renewing a | ||||||
19 | remote educational program at the expiration of its | ||||||
20 | term. | ||||||
21 | (G) Such other terms and provisions as the school | ||||||
22 | district deems necessary to provide for the | ||||||
23 | establishment and delivery of a remote educational | ||||||
24 | program. | ||||||
25 | (2) The school district has determined that the remote | ||||||
26 | educational program's curriculum is aligned to State |
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1 | learning standards and that the program offers instruction | ||||||
2 | and educational experiences consistent with those given to | ||||||
3 | students at the same grade level in the district. | ||||||
4 | (3) The remote educational program is delivered by | ||||||
5 | instructors that meet the following qualifications: | ||||||
6 | (A) they are certificated under Article 21 of this | ||||||
7 | Code; | ||||||
8 | (B) they meet applicable highly qualified criteria | ||||||
9 | under the federal No Child Left Behind Act of 2001; and | ||||||
10 | (C) they have responsibility for all of the | ||||||
11 | following elements of the program: planning | ||||||
12 | instruction, diagnosing learning needs, prescribing | ||||||
13 | content delivery through class activities, assessing | ||||||
14 | learning, reporting outcomes to administrators and | ||||||
15 | parents and guardians, and evaluating the effects of | ||||||
16 | instruction. | ||||||
17 | (4) During the period of time from and including the | ||||||
18 | opening date to the
closing date of the regular school term | ||||||
19 | of the school district established pursuant to Section | ||||||
20 | 10-19 of this Code, participation in a remote educational | ||||||
21 | program may be claimed for general State aid purposes under | ||||||
22 | Section 18-8.05 of this Code on any calendar day, | ||||||
23 | notwithstanding whether the day is a day of pupil | ||||||
24 | attendance or institute day on the school district's | ||||||
25 | calendar or any other provision of law restricting | ||||||
26 | instruction on that day. If the district holds year-round |
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1 | classes in some buildings, the district
shall classify each | ||||||
2 | student's participation in a remote educational program as | ||||||
3 | either on a year-round or a non-year-round schedule for | ||||||
4 | purposes of claiming general State aid. Outside of the | ||||||
5 | regular school term of the district, the remote educational | ||||||
6 | program may be offered as part of any summer school program | ||||||
7 | authorized by this Code. | ||||||
8 | (5) Each student participating in a remote educational | ||||||
9 | program must have a written remote educational plan that | ||||||
10 | has been approved by the school district and a person | ||||||
11 | authorized to enroll the student under Section 10-20.12b of | ||||||
12 | this Code. The school district and a person authorized to | ||||||
13 | enroll the student under Section 10-20.12b of this Code | ||||||
14 | must approve any amendment to a remote educational plan. | ||||||
15 | The remote educational plan must include, but is not | ||||||
16 | limited to, all of the following: | ||||||
17 | (A) Specific achievement goals for the student | ||||||
18 | aligned to State learning standards. | ||||||
19 | (B) A description of all assessments that will be | ||||||
20 | used to measure student progress, which description | ||||||
21 | shall indicate the assessments that will be | ||||||
22 | administered at an attendance center within the school | ||||||
23 | district. | ||||||
24 | (C) A description of the progress reports that will | ||||||
25 | be provided to the school district and the person or | ||||||
26 | persons authorized to enroll the student under Section |
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1 | 10-20.12b of this Code. | ||||||
2 | (D) Expectations, processes, and schedules for | ||||||
3 | interaction between a teacher and student. | ||||||
4 | (E) A description of the specific responsibilities | ||||||
5 | of the student's family and the school district with | ||||||
6 | respect to equipment, materials, phone and Internet | ||||||
7 | service, and any other requirements applicable to the | ||||||
8 | home or other location outside of a school building | ||||||
9 | necessary for the delivery of the remote educational | ||||||
10 | program. | ||||||
11 | (F) If applicable, a description of how the remote | ||||||
12 | educational program will be delivered in a manner | ||||||
13 | consistent with the student's individualized education | ||||||
14 | program required by Section 614(d) of the federal | ||||||
15 | Individuals with Disabilities Education Improvement | ||||||
16 | Act of 2004 or plan to ensure compliance with Section | ||||||
17 | 504 of the federal Rehabilitation Act of 1973. | ||||||
18 | (G) A description of the procedures and | ||||||
19 | opportunities for participation in academic and | ||||||
20 | extra-curricular activities and programs within the | ||||||
21 | school district. | ||||||
22 | (H) The identification of a parent, guardian, or | ||||||
23 | other responsible adult who will provide direct | ||||||
24 | supervision of the program. The plan must include an | ||||||
25 | acknowledgment by the parent, guardian, or other | ||||||
26 | responsible adult that he or she may engage only in |
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1 | non-teaching duties not requiring instructional | ||||||
2 | judgment or the evaluation of a student. The plan shall | ||||||
3 | designate the parent, guardian, or other responsible | ||||||
4 | adult as non-teaching personnel or volunteer personnel | ||||||
5 | under subsection (a) of Section 10-22.34 of this Code. | ||||||
6 | (I) The identification of a school district | ||||||
7 | administrator who will oversee the remote educational | ||||||
8 | program on behalf of the school district and who may be | ||||||
9 | contacted by the student's parents with respect to any | ||||||
10 | issues or concerns with the program. | ||||||
11 | (J) The term of the student's participation in the | ||||||
12 | remote educational program, which may not extend for | ||||||
13 | longer than 12 months, unless the term is renewed by | ||||||
14 | the district in accordance with subdivision (7) of this | ||||||
15 | subsection (a). | ||||||
16 | (K) A description of the specific location or | ||||||
17 | locations in which the program will be delivered. If | ||||||
18 | the remote educational program is to be delivered to a | ||||||
19 | student in any location other than the student's home, | ||||||
20 | the plan must include a written determination by the | ||||||
21 | school district that the location will provide a | ||||||
22 | learning environment appropriate for the delivery of | ||||||
23 | the program. The location or locations in which the | ||||||
24 | program will be delivered shall be deemed a long | ||||||
25 | distance teaching reception area under subsection (a) | ||||||
26 | of Section 10-22.34 of this Code. |
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1 | (L) Certification by the school district that the | ||||||
2 | plan meets all other requirements of this Section. | ||||||
3 | (6) Students participating in a remote educational | ||||||
4 | program must be enrolled in a school district attendance | ||||||
5 | center pursuant to the school district's enrollment policy | ||||||
6 | or policies. A student participating in a remote | ||||||
7 | educational program must be tested as part of all | ||||||
8 | assessments administered by the school district pursuant | ||||||
9 | to Section 2-3.64a-5 2-3.64 of this Code at the attendance | ||||||
10 | center in which the student is enrolled and in accordance | ||||||
11 | with the attendance center's assessment policies and | ||||||
12 | schedule. The student must be included within all adequate | ||||||
13 | yearly progress and other accountability determinations | ||||||
14 | for the school district and attendance center under State | ||||||
15 | and federal law. | ||||||
16 | (7) The term of a student's participation in a remote | ||||||
17 | educational program may not extend for longer than 12 | ||||||
18 | months, unless the term is renewed by the school district. | ||||||
19 | The district may only renew a student's participation in a | ||||||
20 | remote educational program following an evaluation of the | ||||||
21 | student's progress in the program, a determination that the | ||||||
22 | student's continuation in the program will best serve the | ||||||
23 | student's individual learning needs, and an amendment to | ||||||
24 | the student's written remote educational plan addressing | ||||||
25 | any changes for the upcoming term of the program. | ||||||
26 | (b) A school district may, by resolution of its school |
| |||||||
| |||||||
1 | board, establish a remote educational program. | ||||||
2 | (c) Clock hours of instruction by students in a remote | ||||||
3 | educational program meeting the requirements of this Section | ||||||
4 | may be claimed by the school district and shall be counted as | ||||||
5 | school work for general State aid purposes in accordance with | ||||||
6 | and subject to the limitations of Section 18-8.05 of this Code. | ||||||
7 | (d) The impact of remote educational programs on wages, | ||||||
8 | hours, and terms and conditions of employment of educational | ||||||
9 | employees within the school district shall be subject to local | ||||||
10 | collective bargaining agreements. | ||||||
11 | (e) The use of a home or other location outside of a school | ||||||
12 | building for a remote educational program shall not cause the | ||||||
13 | home or other location to be deemed a public school facility. | ||||||
14 | (f) A remote educational program may be used, but is not | ||||||
15 | required, for instruction delivered to a student in the home or | ||||||
16 | other location outside of a school building that is not claimed | ||||||
17 | for general State aid purposes under Section 18-8.05 of this | ||||||
18 | Code. | ||||||
19 | (g) School districts that, pursuant to this Section, adopt | ||||||
20 | a policy for a remote educational program must submit to the | ||||||
21 | State Board of Education a copy of the policy and any | ||||||
22 | amendments thereto, as well as data on student participation in | ||||||
23 | a format specified by the State Board of Education. The State | ||||||
24 | Board of Education may perform or contract with an outside | ||||||
25 | entity to perform an evaluation of remote educational programs | ||||||
26 | in this State. |
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1 | (h) The State Board of Education may adopt any rules | ||||||
2 | necessary to ensure compliance by remote educational programs | ||||||
3 | with the requirements of this Section and other applicable | ||||||
4 | legal requirements.
| ||||||
5 | (Source: P.A. 96-684, eff. 8-25-09; 97-339, eff. 8-12-11.)
| ||||||
6 | (105 ILCS 5/13B-25.25)
| ||||||
7 | Sec. 13B-25.25. Testing and assessment. A district plan for | ||||||
8 | an
alternative learning
opportunities program operated through | ||||||
9 | a cooperative or intergovernmental
agreement must provide
| ||||||
10 | procedures for ensuring that students are included in the | ||||||
11 | administration of
statewide testing
programs. Students | ||||||
12 | enrolled in an alternative learning opportunities program
| ||||||
13 | shall participate in
State assessments under Section 2-3.64a-5 | ||||||
14 | 2-3.64 of this Code.
| ||||||
15 | (Source: P.A. 92-42, eff. 1-1-02.)
| ||||||
16 | (105 ILCS 5/18-8.05)
| ||||||
17 | Sec. 18-8.05. Basis for apportionment of general State | ||||||
18 | financial aid and
supplemental general State aid to the common | ||||||
19 | schools for the 1998-1999 and
subsequent school years.
| ||||||
20 | (A) General Provisions. | ||||||
21 | (1) The provisions of this Section apply to the 1998-1999 | ||||||
22 | and subsequent
school years. The system of general State | ||||||
23 | financial aid provided for in this
Section
is designed to |
| |||||||
| |||||||
1 | assure that, through a combination of State financial aid and
| ||||||
2 | required local resources, the financial support provided each | ||||||
3 | pupil in Average
Daily Attendance equals or exceeds a
| ||||||
4 | prescribed per pupil Foundation Level. This formula approach | ||||||
5 | imputes a level
of per pupil Available Local Resources and | ||||||
6 | provides for the basis to calculate
a per pupil level of | ||||||
7 | general State financial aid that, when added to Available
Local | ||||||
8 | Resources, equals or exceeds the Foundation Level. The
amount | ||||||
9 | of per pupil general State financial aid for school districts, | ||||||
10 | in
general, varies in inverse
relation to Available Local | ||||||
11 | Resources. Per pupil amounts are based upon
each school | ||||||
12 | district's Average Daily Attendance as that term is defined in | ||||||
13 | this
Section. | ||||||
14 | (2) In addition to general State financial aid, school | ||||||
15 | districts with
specified levels or concentrations of pupils | ||||||
16 | from low income households are
eligible to receive supplemental | ||||||
17 | general State financial aid grants as provided
pursuant to | ||||||
18 | subsection (H).
The supplemental State aid grants provided for | ||||||
19 | school districts under
subsection (H) shall be appropriated for | ||||||
20 | distribution to school districts as
part of the same line item | ||||||
21 | in which the general State financial aid of school
districts is | ||||||
22 | appropriated under this Section. | ||||||
23 | (3) To receive financial assistance under this Section, | ||||||
24 | school districts
are required to file claims with the State | ||||||
25 | Board of Education, subject to the
following requirements: | ||||||
26 | (a) Any school district which fails for any given |
| |||||||
| |||||||
1 | school year to maintain
school as required by law, or to | ||||||
2 | maintain a recognized school is not
eligible to file for | ||||||
3 | such school year any claim upon the Common School
Fund. In | ||||||
4 | case of nonrecognition of one or more attendance centers in | ||||||
5 | a
school district otherwise operating recognized schools, | ||||||
6 | the claim of the
district shall be reduced in the | ||||||
7 | proportion which the Average Daily
Attendance in the | ||||||
8 | attendance center or centers bear to the Average Daily
| ||||||
9 | Attendance in the school district. A "recognized school" | ||||||
10 | means any
public school which meets the standards as | ||||||
11 | established for recognition
by the State Board of | ||||||
12 | Education. A school district or attendance center
not | ||||||
13 | having recognition status at the end of a school term is | ||||||
14 | entitled to
receive State aid payments due upon a legal | ||||||
15 | claim which was filed while
it was recognized. | ||||||
16 | (b) School district claims filed under this Section are | ||||||
17 | subject to
Sections 18-9 and 18-12, except as otherwise | ||||||
18 | provided in this
Section. | ||||||
19 | (c) If a school district operates a full year school | ||||||
20 | under Section
10-19.1, the general State aid to the school | ||||||
21 | district shall be determined
by the State Board of | ||||||
22 | Education in accordance with this Section as near as
may be | ||||||
23 | applicable. | ||||||
24 | (d) (Blank). | ||||||
25 | (4) Except as provided in subsections (H) and (L), the | ||||||
26 | board of any district
receiving any of the grants provided for |
| |||||||
| |||||||
1 | in this Section may apply those funds
to any fund so received | ||||||
2 | for which that board is authorized to make expenditures
by law. | ||||||
3 | School districts are not required to exert a minimum | ||||||
4 | Operating Tax Rate in
order to qualify for assistance under | ||||||
5 | this Section. | ||||||
6 | (5) As used in this Section the following terms, when | ||||||
7 | capitalized, shall
have the meaning ascribed herein: | ||||||
8 | (a) "Average Daily Attendance": A count of pupil | ||||||
9 | attendance in school,
averaged as provided for in | ||||||
10 | subsection (C) and utilized in deriving per pupil
financial | ||||||
11 | support levels. | ||||||
12 | (b) "Available Local Resources": A computation of | ||||||
13 | local financial
support, calculated on the basis of Average | ||||||
14 | Daily Attendance and derived as
provided pursuant to | ||||||
15 | subsection (D). | ||||||
16 | (c) "Corporate Personal Property Replacement Taxes": | ||||||
17 | Funds paid to local
school districts pursuant to "An Act in | ||||||
18 | relation to the abolition of ad valorem
personal property | ||||||
19 | tax and the replacement of revenues lost thereby, and
| ||||||
20 | amending and repealing certain Acts and parts of Acts in | ||||||
21 | connection therewith",
certified August 14, 1979, as | ||||||
22 | amended (Public Act 81-1st S.S.-1). | ||||||
23 | (d) "Foundation Level": A prescribed level of per pupil | ||||||
24 | financial support
as provided for in subsection (B). | ||||||
25 | (e) "Operating Tax Rate": All school district property | ||||||
26 | taxes extended for
all purposes, except Bond and
Interest, |
| |||||||
| |||||||
1 | Summer School, Rent, Capital Improvement, and Vocational | ||||||
2 | Education
Building purposes.
| ||||||
3 | (B) Foundation Level. | ||||||
4 | (1) The Foundation Level is a figure established by the | ||||||
5 | State representing
the minimum level of per pupil financial | ||||||
6 | support that should be available to
provide for the basic | ||||||
7 | education of each pupil in
Average Daily Attendance. As set | ||||||
8 | forth in this Section, each school district
is assumed to exert
| ||||||
9 | a sufficient local taxing effort such that, in combination with | ||||||
10 | the aggregate
of general State
financial aid provided the | ||||||
11 | district, an aggregate of State and local resources
are | ||||||
12 | available to meet
the basic education needs of pupils in the | ||||||
13 | district. | ||||||
14 | (2) For the 1998-1999 school year, the Foundation Level of | ||||||
15 | support is
$4,225. For the 1999-2000 school year, the | ||||||
16 | Foundation Level of support is
$4,325. For the 2000-2001 school | ||||||
17 | year, the Foundation Level of support is
$4,425. For the | ||||||
18 | 2001-2002 school year and 2002-2003 school year, the
Foundation | ||||||
19 | Level of support is $4,560. For the 2003-2004 school year, the | ||||||
20 | Foundation Level of support is $4,810. For the 2004-2005 school | ||||||
21 | year, the Foundation Level of support is $4,964.
For the | ||||||
22 | 2005-2006 school year,
the Foundation Level of support is | ||||||
23 | $5,164. For the 2006-2007 school year, the Foundation Level of | ||||||
24 | support is $5,334. For the 2007-2008 school year, the | ||||||
25 | Foundation Level of support is $5,734. For the 2008-2009 school |
| |||||||
| |||||||
1 | year, the Foundation Level of support is $5,959. | ||||||
2 | (3) For the 2009-2010 school year and each school year | ||||||
3 | thereafter,
the Foundation Level of support is $6,119 or such | ||||||
4 | greater amount as
may be established by law by the General | ||||||
5 | Assembly.
| ||||||
6 | (C) Average Daily Attendance. | ||||||
7 | (1) For purposes of calculating general State aid pursuant | ||||||
8 | to subsection
(E), an Average Daily Attendance figure shall be | ||||||
9 | utilized. The Average Daily
Attendance figure for formula
| ||||||
10 | calculation purposes shall be the monthly average of the actual | ||||||
11 | number of
pupils in attendance of
each school district, as | ||||||
12 | further averaged for the best 3 months of pupil
attendance for | ||||||
13 | each
school district. In compiling the figures for the number | ||||||
14 | of pupils in
attendance, school districts
and the State Board | ||||||
15 | of Education shall, for purposes of general State aid
funding, | ||||||
16 | conform
attendance figures to the requirements of subsection | ||||||
17 | (F). | ||||||
18 | (2) The Average Daily Attendance figures utilized in | ||||||
19 | subsection (E) shall be
the requisite attendance data for the | ||||||
20 | school year immediately preceding
the
school year for which | ||||||
21 | general State aid is being calculated
or the average of the | ||||||
22 | attendance data for the 3 preceding school
years, whichever is | ||||||
23 | greater. The Average Daily Attendance figures
utilized in | ||||||
24 | subsection (H) shall be the requisite attendance data for the
| ||||||
25 | school year immediately preceding the school year for which |
| |||||||
| |||||||
1 | general
State aid is being calculated.
| ||||||
2 | (D) Available Local Resources. | ||||||
3 | (1) For purposes of calculating general State aid pursuant | ||||||
4 | to subsection
(E), a representation of Available Local | ||||||
5 | Resources per pupil, as that term is
defined and determined in | ||||||
6 | this subsection, shall be utilized. Available Local
Resources | ||||||
7 | per pupil shall include a calculated
dollar amount representing | ||||||
8 | local school district revenues from local property
taxes and | ||||||
9 | from
Corporate Personal Property Replacement Taxes, expressed | ||||||
10 | on the basis of pupils
in Average
Daily Attendance. Calculation | ||||||
11 | of Available Local Resources shall exclude any tax amnesty | ||||||
12 | funds received as a result of Public Act 93-26. | ||||||
13 | (2) In determining a school district's revenue from local | ||||||
14 | property taxes,
the State Board of Education shall utilize the | ||||||
15 | equalized assessed valuation of
all taxable property of each | ||||||
16 | school
district as of September 30 of the previous year. The | ||||||
17 | equalized assessed
valuation utilized shall
be obtained and | ||||||
18 | determined as provided in subsection (G). | ||||||
19 | (3) For school districts maintaining grades kindergarten | ||||||
20 | through 12, local
property tax
revenues per pupil shall be | ||||||
21 | calculated as the product of the applicable
equalized assessed
| ||||||
22 | valuation for the district multiplied by 3.00%, and divided by | ||||||
23 | the district's
Average Daily
Attendance figure. For school | ||||||
24 | districts maintaining grades kindergarten
through 8, local
| ||||||
25 | property tax revenues per pupil shall be calculated as the |
| |||||||
| |||||||
1 | product of the
applicable equalized
assessed valuation for the | ||||||
2 | district multiplied by 2.30%, and divided by the
district's | ||||||
3 | Average
Daily Attendance figure. For school districts | ||||||
4 | maintaining grades 9 through 12,
local property
tax revenues | ||||||
5 | per pupil shall be the applicable equalized assessed valuation | ||||||
6 | of
the district
multiplied by 1.05%, and divided by the | ||||||
7 | district's Average Daily
Attendance
figure. | ||||||
8 | For partial elementary unit districts created pursuant to | ||||||
9 | Article 11E of this Code, local property tax revenues per pupil | ||||||
10 | shall be calculated as the product of the equalized assessed | ||||||
11 | valuation for property within the partial elementary unit | ||||||
12 | district for elementary purposes, as defined in Article 11E of | ||||||
13 | this Code, multiplied by 2.06% and divided by the district's | ||||||
14 | Average Daily Attendance figure, plus the product of the | ||||||
15 | equalized assessed valuation for property within the partial | ||||||
16 | elementary unit district for high school purposes, as defined | ||||||
17 | in Article 11E of this Code, multiplied by 0.94% and divided by | ||||||
18 | the district's Average Daily Attendance figure.
| ||||||
19 | (4) The Corporate Personal Property Replacement Taxes paid | ||||||
20 | to each school
district during the calendar year one year | ||||||
21 | before the calendar year in which a
school year begins, divided | ||||||
22 | by the Average Daily Attendance figure for that
district, shall | ||||||
23 | be added to the local property tax revenues per pupil as
| ||||||
24 | derived by the application of the immediately preceding | ||||||
25 | paragraph (3). The sum
of these per pupil figures for each | ||||||
26 | school district shall constitute Available
Local Resources as |
| |||||||
| |||||||
1 | that term is utilized in subsection (E) in the calculation
of | ||||||
2 | general State aid.
| ||||||
3 | (E) Computation of General State Aid. | ||||||
4 | (1) For each school year, the amount of general State aid | ||||||
5 | allotted to a
school district shall be computed by the State | ||||||
6 | Board of Education as provided
in this subsection. | ||||||
7 | (2) For any school district for which Available Local | ||||||
8 | Resources per pupil
is less than the product of 0.93 times the | ||||||
9 | Foundation Level, general State aid
for that district shall be | ||||||
10 | calculated as an amount equal to the Foundation
Level minus | ||||||
11 | Available Local Resources, multiplied by the Average Daily
| ||||||
12 | Attendance of the school district. | ||||||
13 | (3) For any school district for which Available Local | ||||||
14 | Resources per pupil
is equal to or greater than the product of | ||||||
15 | 0.93 times the Foundation Level and
less than the product of | ||||||
16 | 1.75 times the Foundation Level, the general State aid
per | ||||||
17 | pupil shall be a decimal proportion of the Foundation Level | ||||||
18 | derived using a
linear algorithm. Under this linear algorithm, | ||||||
19 | the calculated general State
aid per pupil shall decline in | ||||||
20 | direct linear fashion from 0.07 times the
Foundation Level for | ||||||
21 | a school district with Available Local Resources equal to
the | ||||||
22 | product of 0.93 times the Foundation Level, to 0.05 times the | ||||||
23 | Foundation
Level for a school district with Available Local | ||||||
24 | Resources equal to the product
of 1.75 times the Foundation | ||||||
25 | Level. The allocation of general
State aid for school districts |
| |||||||
| |||||||
1 | subject to this paragraph 3 shall be the
calculated general | ||||||
2 | State aid
per pupil figure multiplied by the Average Daily | ||||||
3 | Attendance of the school
district. | ||||||
4 | (4) For any school district for which Available Local | ||||||
5 | Resources per pupil
equals or exceeds the product of 1.75 times | ||||||
6 | the Foundation Level, the general
State aid for the school | ||||||
7 | district shall be calculated as the product of $218
multiplied | ||||||
8 | by the Average Daily Attendance of the school
district. | ||||||
9 | (5) The amount of general State aid allocated to a school | ||||||
10 | district for
the 1999-2000 school year meeting the requirements | ||||||
11 | set forth in paragraph (4)
of subsection
(G) shall be increased | ||||||
12 | by an amount equal to the general State aid that
would have | ||||||
13 | been received by the district for the 1998-1999 school year by
| ||||||
14 | utilizing the Extension Limitation Equalized Assessed | ||||||
15 | Valuation as calculated
in paragraph (4) of subsection (G) less | ||||||
16 | the general State aid allotted for the
1998-1999
school year. | ||||||
17 | This amount shall be deemed a one time increase, and shall not
| ||||||
18 | affect any future general State aid allocations.
| ||||||
19 | (F) Compilation of Average Daily Attendance. | ||||||
20 | (1) Each school district shall, by July 1 of each year, | ||||||
21 | submit to the State
Board of Education, on forms prescribed by | ||||||
22 | the State Board of Education,
attendance figures for the school | ||||||
23 | year that began in the preceding calendar
year. The attendance | ||||||
24 | information so transmitted shall identify the average
daily | ||||||
25 | attendance figures for each month of the school year. Beginning |
| |||||||
| |||||||
1 | with
the general State aid claim form for the 2002-2003 school
| ||||||
2 | year, districts shall calculate Average Daily Attendance as | ||||||
3 | provided in
subdivisions (a), (b), and (c) of this paragraph | ||||||
4 | (1). | ||||||
5 | (a) In districts that do not hold year-round classes,
| ||||||
6 | days of attendance in August shall be added to the month of | ||||||
7 | September and any
days of attendance in June shall be added | ||||||
8 | to the month of May. | ||||||
9 | (b) In districts in which all buildings hold year-round | ||||||
10 | classes,
days of attendance in July and August shall be | ||||||
11 | added to the month
of September and any days of attendance | ||||||
12 | in June shall be added to
the month of May. | ||||||
13 | (c) In districts in which some buildings, but not all, | ||||||
14 | hold
year-round classes, for the non-year-round buildings, | ||||||
15 | days of
attendance in August shall be added to the month of | ||||||
16 | September
and any days of attendance in June shall be added | ||||||
17 | to the month of
May. The average daily attendance for the | ||||||
18 | year-round buildings
shall be computed as provided in | ||||||
19 | subdivision (b) of this paragraph
(1). To calculate the | ||||||
20 | Average Daily Attendance for the district, the
average | ||||||
21 | daily attendance for the year-round buildings shall be
| ||||||
22 | multiplied by the days in session for the non-year-round | ||||||
23 | buildings
for each month and added to the monthly | ||||||
24 | attendance of the
non-year-round buildings. | ||||||
25 | Except as otherwise provided in this Section, days of
| ||||||
26 | attendance by pupils shall be counted only for sessions of not |
| |||||||
| |||||||
1 | less than
5 clock hours of school work per day under direct | ||||||
2 | supervision of: (i)
teachers, or (ii) non-teaching personnel or | ||||||
3 | volunteer personnel when engaging
in non-teaching duties and | ||||||
4 | supervising in those instances specified in
subsection (a) of | ||||||
5 | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | ||||||
6 | of legal school age and in kindergarten and grades 1 through | ||||||
7 | 12. | ||||||
8 | Days of attendance by tuition pupils shall be accredited | ||||||
9 | only to the
districts that pay the tuition to a recognized | ||||||
10 | school. | ||||||
11 | (2) Days of attendance by pupils of less than 5 clock hours | ||||||
12 | of school
shall be subject to the following provisions in the | ||||||
13 | compilation of Average
Daily Attendance. | ||||||
14 | (a) Pupils regularly enrolled in a public school for | ||||||
15 | only a part of
the school day may be counted on the basis | ||||||
16 | of 1/6 day for every class hour
of instruction of 40 | ||||||
17 | minutes or more attended pursuant to such enrollment,
| ||||||
18 | unless a pupil is
enrolled in a block-schedule format of 80 | ||||||
19 | minutes or more of instruction,
in which case the pupil may | ||||||
20 | be counted on the basis of the proportion of
minutes of | ||||||
21 | school work completed each day to the minimum number of
| ||||||
22 | minutes that school work is required to be held that day. | ||||||
23 | (b) (Blank). | ||||||
24 | (c) A session of 4 or more clock hours may be counted | ||||||
25 | as a day of
attendance upon certification by the regional | ||||||
26 | superintendent, and
approved by the State Superintendent |
| |||||||
| |||||||
1 | of Education to the extent that the
district has been | ||||||
2 | forced to use daily multiple sessions. | ||||||
3 | (d) A session of 3 or more clock hours may be counted | ||||||
4 | as a day of
attendance (1) when the remainder of the school | ||||||
5 | day or at least
2 hours in the evening of that day is | ||||||
6 | utilized for an
in-service training program for teachers, | ||||||
7 | up to a maximum of 5 days per
school year, provided a | ||||||
8 | district conducts an in-service
training program for | ||||||
9 | teachers in accordance with Section 10-22.39 of this Code; | ||||||
10 | or, in lieu of 4 such days, 2 full days may
be used, in | ||||||
11 | which event each such day
may be counted as a day required | ||||||
12 | for a legal school calendar pursuant to Section 10-19 of | ||||||
13 | this Code; (1.5) when, of the 5 days allowed under item | ||||||
14 | (1), a maximum of 4 days are used for parent-teacher | ||||||
15 | conferences, or, in lieu of 4 such days, 2 full days are | ||||||
16 | used, in which case each such day may be counted as a | ||||||
17 | calendar day required under Section 10-19 of this Code, | ||||||
18 | provided that the full-day, parent-teacher conference | ||||||
19 | consists of (i) a minimum of 5 clock hours of | ||||||
20 | parent-teacher conferences, (ii) both a minimum of 2 clock | ||||||
21 | hours of parent-teacher conferences held in the evening | ||||||
22 | following a full day of student attendance, as specified in | ||||||
23 | subsection (F)(1)(c), and a minimum of 3 clock hours of | ||||||
24 | parent-teacher conferences held on the day immediately | ||||||
25 | following evening parent-teacher conferences, or (iii) | ||||||
26 | multiple parent-teacher conferences held in the evenings |
| |||||||
| |||||||
1 | following full days of student attendance, as specified in | ||||||
2 | subsection (F)(1)(c), in which the time used for the | ||||||
3 | parent-teacher conferences is equivalent to a minimum of 5 | ||||||
4 | clock hours; and (2) when days in
addition to
those | ||||||
5 | provided in items (1) and (1.5) are scheduled by a school | ||||||
6 | pursuant to its school
improvement plan adopted under | ||||||
7 | Article 34 or its revised or amended school
improvement | ||||||
8 | plan adopted under Article 2, provided that (i) such | ||||||
9 | sessions of
3 or more clock hours are scheduled to occur at | ||||||
10 | regular intervals, (ii) the
remainder of the school days in | ||||||
11 | which such sessions occur are utilized
for in-service | ||||||
12 | training programs or other staff development activities | ||||||
13 | for
teachers, and (iii) a sufficient number of minutes of | ||||||
14 | school work under the
direct supervision of teachers are | ||||||
15 | added to the school days between such
regularly scheduled | ||||||
16 | sessions to accumulate not less than the number of minutes
| ||||||
17 | by which such sessions of 3 or more clock hours fall short | ||||||
18 | of 5 clock hours.
Any full days used for the purposes of | ||||||
19 | this paragraph shall not be considered
for
computing | ||||||
20 | average daily attendance. Days scheduled for in-service | ||||||
21 | training
programs, staff development activities, or | ||||||
22 | parent-teacher conferences may be
scheduled separately for | ||||||
23 | different
grade levels and different attendance centers of | ||||||
24 | the district. | ||||||
25 | (e) A session of not less than one clock hour of | ||||||
26 | teaching
hospitalized or homebound pupils on-site or by |
| |||||||
| |||||||
1 | telephone to the classroom may
be counted as 1/2 day of | ||||||
2 | attendance, however these pupils must receive 4 or
more | ||||||
3 | clock hours of instruction to be counted for a full day of | ||||||
4 | attendance. | ||||||
5 | (f) A session of at least 4 clock hours may be counted | ||||||
6 | as a day of
attendance for first grade pupils, and pupils | ||||||
7 | in full day kindergartens,
and a session of 2 or more hours | ||||||
8 | may be counted as 1/2 day of attendance by
pupils in | ||||||
9 | kindergartens which provide only 1/2 day of attendance. | ||||||
10 | (g) For children with disabilities who are below the | ||||||
11 | age of 6 years and
who
cannot attend 2 or more clock hours | ||||||
12 | because of their disability or
immaturity, a session of not | ||||||
13 | less than one clock hour may be counted as 1/2 day
of | ||||||
14 | attendance; however for such children whose educational | ||||||
15 | needs so require
a session of 4 or more clock hours may be | ||||||
16 | counted as a full day of attendance. | ||||||
17 | (h) A recognized kindergarten which provides for only | ||||||
18 | 1/2 day of
attendance by each pupil shall not have more | ||||||
19 | than 1/2 day of attendance
counted in any one day. However, | ||||||
20 | kindergartens may count 2 1/2 days
of
attendance in any 5 | ||||||
21 | consecutive school days. When a pupil attends such a
| ||||||
22 | kindergarten for 2 half days on any one school day, the | ||||||
23 | pupil shall have
the following day as a day absent from | ||||||
24 | school, unless the school district
obtains permission in | ||||||
25 | writing from the State Superintendent of Education.
| ||||||
26 | Attendance at kindergartens which provide for a full day of |
| |||||||
| |||||||
1 | attendance by
each pupil shall be counted the same as | ||||||
2 | attendance by first grade pupils.
Only the first year of | ||||||
3 | attendance in one kindergarten shall be counted,
except in | ||||||
4 | case of children who entered the kindergarten in their | ||||||
5 | fifth year
whose educational development requires a second | ||||||
6 | year of kindergarten as
determined under the rules and | ||||||
7 | regulations of the State Board of Education. | ||||||
8 | (i) On the days when the assessment that includes a | ||||||
9 | college and career ready determination Prairie State | ||||||
10 | Achievement Examination is
administered under subsection | ||||||
11 | (c) of Section 2-3.64a-5 2-3.64 of this Code, the day
of | ||||||
12 | attendance for a pupil whose school
day must be shortened | ||||||
13 | to accommodate required testing procedures may
be less than | ||||||
14 | 5 clock hours and shall be counted towards the 176 days of | ||||||
15 | actual pupil attendance required under Section 10-19 of | ||||||
16 | this Code, provided that a sufficient number of minutes
of | ||||||
17 | school work in excess of 5 clock hours are first completed | ||||||
18 | on other school
days to compensate for the loss of school | ||||||
19 | work on the examination days. | ||||||
20 | (j) Pupils enrolled in a remote educational program | ||||||
21 | established under Section 10-29 of this Code may be counted | ||||||
22 | on the basis of one-fifth day of attendance for every clock | ||||||
23 | hour of instruction attended in the remote educational | ||||||
24 | program, provided that, in any month, the school district | ||||||
25 | may not claim for a student enrolled in a remote | ||||||
26 | educational program more days of attendance than the |
| |||||||
| |||||||
1 | maximum number of days of attendance the district can claim | ||||||
2 | (i) for students enrolled in a building holding year-round | ||||||
3 | classes if the student is classified as participating in | ||||||
4 | the remote educational program on a year-round schedule or | ||||||
5 | (ii) for students enrolled in a building not holding | ||||||
6 | year-round classes if the student is not classified as | ||||||
7 | participating in the remote educational program on a | ||||||
8 | year-round schedule.
| ||||||
9 | (G) Equalized Assessed Valuation Data. | ||||||
10 | (1) For purposes of the calculation of Available Local | ||||||
11 | Resources required
pursuant to subsection (D), the
State Board | ||||||
12 | of Education shall secure from the Department of
Revenue the | ||||||
13 | value as equalized or assessed by the Department of Revenue of
| ||||||
14 | all taxable property of every school district, together with | ||||||
15 | (i) the applicable
tax rate used in extending taxes for the | ||||||
16 | funds of the district as of
September 30 of the previous year
| ||||||
17 | and (ii) the limiting rate for all school
districts subject to | ||||||
18 | property tax extension limitations as imposed under the
| ||||||
19 | Property Tax Extension Limitation Law.
| ||||||
20 | The Department of Revenue shall add to the equalized | ||||||
21 | assessed value of all
taxable
property of each school district | ||||||
22 | situated entirely or partially within a county
that is or was | ||||||
23 | subject to the
provisions of Section 15-176 or 15-177 of the | ||||||
24 | Property Tax Code (a)
an amount equal to the total amount by | ||||||
25 | which the
homestead exemption allowed under Section 15-176 or |
| |||||||
| |||||||
1 | 15-177 of the Property Tax Code for
real
property situated in | ||||||
2 | that school district exceeds the total amount that would
have | ||||||
3 | been
allowed in that school district if the maximum reduction | ||||||
4 | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in | ||||||
5 | all other counties in tax year 2003 or (ii) $5,000 in all | ||||||
6 | counties in tax year 2004 and thereafter and (b) an amount | ||||||
7 | equal to the aggregate amount for the taxable year of all | ||||||
8 | additional exemptions under Section 15-175 of the Property Tax | ||||||
9 | Code for owners with a household income of $30,000 or less. The | ||||||
10 | county clerk of any county that is or was subject to the | ||||||
11 | provisions of Section 15-176 or 15-177 of the Property Tax Code | ||||||
12 | shall
annually calculate and certify to the Department of | ||||||
13 | Revenue for each school
district all
homestead exemption | ||||||
14 | amounts under Section 15-176 or 15-177 of the Property Tax Code | ||||||
15 | and all amounts of additional exemptions under Section 15-175 | ||||||
16 | of the Property Tax Code for owners with a household income of | ||||||
17 | $30,000 or less. It is the intent of this paragraph that if the | ||||||
18 | general homestead exemption for a parcel of property is | ||||||
19 | determined under Section 15-176 or 15-177 of the Property Tax | ||||||
20 | Code rather than Section 15-175, then the calculation of | ||||||
21 | Available Local Resources shall not be affected by the | ||||||
22 | difference, if any, between the amount of the general homestead | ||||||
23 | exemption allowed for that parcel of property under Section | ||||||
24 | 15-176 or 15-177 of the Property Tax Code and the amount that | ||||||
25 | would have been allowed had the general homestead exemption for | ||||||
26 | that parcel of property been determined under Section 15-175 of |
| |||||||
| |||||||
1 | the Property Tax Code. It is further the intent of this | ||||||
2 | paragraph that if additional exemptions are allowed under | ||||||
3 | Section 15-175 of the Property Tax Code for owners with a | ||||||
4 | household income of less than $30,000, then the calculation of | ||||||
5 | Available Local Resources shall not be affected by the | ||||||
6 | difference, if any, because of those additional exemptions. | ||||||
7 | This equalized assessed valuation, as adjusted further by | ||||||
8 | the requirements of
this subsection, shall be utilized in the | ||||||
9 | calculation of Available Local
Resources. | ||||||
10 | (2) The equalized assessed valuation in paragraph (1) shall | ||||||
11 | be adjusted, as
applicable, in the following manner: | ||||||
12 | (a) For the purposes of calculating State aid under | ||||||
13 | this Section,
with respect to any part of a school district | ||||||
14 | within a redevelopment
project area in respect to which a | ||||||
15 | municipality has adopted tax
increment allocation | ||||||
16 | financing pursuant to the Tax Increment Allocation
| ||||||
17 | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | ||||||
18 | of the Illinois
Municipal Code or the Industrial Jobs | ||||||
19 | Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | ||||||
20 | Illinois Municipal Code, no part of the current equalized
| ||||||
21 | assessed valuation of real property located in any such | ||||||
22 | project area which is
attributable to an increase above the | ||||||
23 | total initial equalized assessed
valuation of such | ||||||
24 | property shall be used as part of the equalized assessed
| ||||||
25 | valuation of the district, until such time as all
| ||||||
26 | redevelopment project costs have been paid, as provided in |
| |||||||
| |||||||
1 | Section 11-74.4-8
of the Tax Increment Allocation | ||||||
2 | Redevelopment Act or in Section 11-74.6-35 of
the | ||||||
3 | Industrial Jobs Recovery Law. For the purpose of
the | ||||||
4 | equalized assessed valuation of the
district, the total | ||||||
5 | initial equalized assessed valuation or the current
| ||||||
6 | equalized assessed valuation, whichever is lower, shall be | ||||||
7 | used until
such time as all redevelopment project costs | ||||||
8 | have been paid. | ||||||
9 | (b) The real property equalized assessed valuation for | ||||||
10 | a school district
shall be adjusted by subtracting from the | ||||||
11 | real property
value as equalized or assessed by the | ||||||
12 | Department of Revenue for the
district an amount computed | ||||||
13 | by dividing the amount of any abatement of
taxes under | ||||||
14 | Section 18-170 of the Property Tax Code by 3.00% for a | ||||||
15 | district
maintaining grades kindergarten through 12, by | ||||||
16 | 2.30% for a district
maintaining grades kindergarten | ||||||
17 | through 8, or by 1.05% for a
district
maintaining grades 9 | ||||||
18 | through 12 and adjusted by an amount computed by dividing
| ||||||
19 | the amount of any abatement of taxes under subsection (a) | ||||||
20 | of Section 18-165 of
the Property Tax Code by the same | ||||||
21 | percentage rates for district type as
specified in this | ||||||
22 | subparagraph (b). | ||||||
23 | (3) For the 1999-2000 school year and each school year | ||||||
24 | thereafter, if a
school district meets all of the criteria of | ||||||
25 | this subsection (G)(3), the school
district's Available Local | ||||||
26 | Resources shall be calculated under subsection (D)
using the |
| |||||||
| |||||||
1 | district's Extension Limitation Equalized Assessed Valuation | ||||||
2 | as
calculated under this
subsection (G)(3). | ||||||
3 | For purposes of this subsection (G)(3) the following terms | ||||||
4 | shall have
the following meanings: | ||||||
5 | "Budget Year": The school year for which general State | ||||||
6 | aid is calculated
and
awarded under subsection (E). | ||||||
7 | "Base Tax Year": The property tax levy year used to | ||||||
8 | calculate the Budget
Year
allocation of general State aid. | ||||||
9 | "Preceding Tax Year": The property tax levy year | ||||||
10 | immediately preceding the
Base Tax Year. | ||||||
11 | "Base Tax Year's Tax Extension": The product of the | ||||||
12 | equalized assessed
valuation utilized by the County Clerk | ||||||
13 | in the Base Tax Year multiplied by the
limiting rate as | ||||||
14 | calculated by the County Clerk and defined in the Property | ||||||
15 | Tax
Extension Limitation Law. | ||||||
16 | "Preceding Tax Year's Tax Extension": The product of | ||||||
17 | the equalized assessed
valuation utilized by the County | ||||||
18 | Clerk in the Preceding Tax Year multiplied by
the Operating | ||||||
19 | Tax Rate as defined in subsection (A). | ||||||
20 | "Extension Limitation Ratio": A numerical ratio, | ||||||
21 | certified by the
County Clerk, in which the numerator is | ||||||
22 | the Base Tax Year's Tax
Extension and the denominator is | ||||||
23 | the Preceding Tax Year's Tax Extension. | ||||||
24 | "Operating Tax Rate": The operating tax rate as defined | ||||||
25 | in subsection (A). | ||||||
26 | If a school district is subject to property tax extension |
| |||||||
| |||||||
1 | limitations as
imposed under
the Property Tax Extension | ||||||
2 | Limitation Law, the State Board of Education shall
calculate | ||||||
3 | the Extension
Limitation
Equalized Assessed Valuation of that | ||||||
4 | district. For the 1999-2000 school
year, the
Extension | ||||||
5 | Limitation Equalized Assessed Valuation of a school district as
| ||||||
6 | calculated by the State Board of Education shall be equal to | ||||||
7 | the product of the
district's 1996 Equalized Assessed Valuation | ||||||
8 | and the district's Extension
Limitation Ratio. Except as | ||||||
9 | otherwise provided in this paragraph for a school district that | ||||||
10 | has approved or does approve an increase in its limiting rate, | ||||||
11 | for the 2000-2001 school year and each school year
thereafter,
| ||||||
12 | the Extension Limitation Equalized Assessed Valuation of a | ||||||
13 | school district as
calculated by the State Board of Education | ||||||
14 | shall be equal to the product of
the Equalized Assessed | ||||||
15 | Valuation last used in the calculation of general State
aid and | ||||||
16 | the
district's Extension Limitation Ratio. If the Extension | ||||||
17 | Limitation
Equalized
Assessed Valuation of a school district as | ||||||
18 | calculated under
this subsection (G)(3) is less than the | ||||||
19 | district's equalized assessed valuation
as calculated pursuant | ||||||
20 | to subsections (G)(1) and (G)(2), then for purposes of
| ||||||
21 | calculating the district's general State aid for the Budget | ||||||
22 | Year pursuant to
subsection (E), that Extension
Limitation | ||||||
23 | Equalized Assessed Valuation shall be utilized to calculate the
| ||||||
24 | district's Available Local Resources
under subsection (D). For | ||||||
25 | the 2009-2010 school year and each school year thereafter, if a | ||||||
26 | school district has approved or does approve an increase in its |
| |||||||
| |||||||
1 | limiting rate, pursuant to Section 18-190 of the Property Tax | ||||||
2 | Code, affecting the Base Tax Year, the Extension Limitation | ||||||
3 | Equalized Assessed Valuation of the school district, as | ||||||
4 | calculated by the State Board of Education, shall be equal to | ||||||
5 | the product of the Equalized Assessed Valuation last used in | ||||||
6 | the calculation of general State aid times an amount equal to | ||||||
7 | one plus the percentage increase, if any, in the Consumer Price | ||||||
8 | Index for all Urban Consumers for all items published by the | ||||||
9 | United States Department of Labor for the 12-month calendar | ||||||
10 | year preceding the Base Tax Year, plus the Equalized Assessed | ||||||
11 | Valuation of new property, annexed property, and recovered tax | ||||||
12 | increment value and minus the Equalized Assessed Valuation of | ||||||
13 | disconnected property. New property and recovered tax | ||||||
14 | increment value shall have the meanings set forth in the | ||||||
15 | Property Tax Extension Limitation Law. | ||||||
16 | Partial elementary unit districts created in accordance | ||||||
17 | with Article 11E of this Code shall not be eligible for the | ||||||
18 | adjustment in this subsection (G)(3) until the fifth year | ||||||
19 | following the effective date of the reorganization.
| ||||||
20 | (3.5) For the 2010-2011 school year and each school year | ||||||
21 | thereafter, if a school district's boundaries span multiple | ||||||
22 | counties, then the Department of Revenue shall send to the | ||||||
23 | State Board of Education, for the purpose of calculating | ||||||
24 | general State aid, the limiting rate and individual rates by | ||||||
25 | purpose for the county that contains the majority of the school | ||||||
26 | district's Equalized Assessed Valuation. |
| |||||||
| |||||||
1 | (4) For the purposes of calculating general State aid for | ||||||
2 | the 1999-2000
school year only, if a school district | ||||||
3 | experienced a triennial reassessment on
the equalized assessed | ||||||
4 | valuation used in calculating its general State
financial aid | ||||||
5 | apportionment for the 1998-1999 school year, the State Board of
| ||||||
6 | Education shall calculate the Extension Limitation Equalized | ||||||
7 | Assessed Valuation
that would have been used to calculate the | ||||||
8 | district's 1998-1999 general State
aid. This amount shall equal | ||||||
9 | the product of the equalized assessed valuation
used to
| ||||||
10 | calculate general State aid for the 1997-1998 school year and | ||||||
11 | the district's
Extension Limitation Ratio. If the Extension | ||||||
12 | Limitation Equalized Assessed
Valuation of the school district | ||||||
13 | as calculated under this paragraph (4) is
less than the | ||||||
14 | district's equalized assessed valuation utilized in | ||||||
15 | calculating
the
district's 1998-1999 general State aid | ||||||
16 | allocation, then for purposes of
calculating the district's | ||||||
17 | general State aid pursuant to paragraph (5) of
subsection (E),
| ||||||
18 | that Extension Limitation Equalized Assessed Valuation shall | ||||||
19 | be utilized to
calculate the district's Available Local | ||||||
20 | Resources. | ||||||
21 | (5) For school districts having a majority of their | ||||||
22 | equalized assessed
valuation in any county except Cook, DuPage, | ||||||
23 | Kane, Lake, McHenry, or Will, if
the amount of general State | ||||||
24 | aid allocated to the school district for the
1999-2000 school | ||||||
25 | year under the provisions of subsection (E), (H), and (J) of
| ||||||
26 | this Section is less than the amount of general State aid |
| |||||||
| |||||||
1 | allocated to the
district for the 1998-1999 school year under | ||||||
2 | these subsections, then the
general
State aid of the district | ||||||
3 | for the 1999-2000 school year only shall be increased
by the | ||||||
4 | difference between these amounts. The total payments made under | ||||||
5 | this
paragraph (5) shall not exceed $14,000,000. Claims shall | ||||||
6 | be prorated if they
exceed $14,000,000.
| ||||||
7 | (H) Supplemental General State Aid. | ||||||
8 | (1) In addition to the general State aid a school district | ||||||
9 | is allotted
pursuant to subsection (E), qualifying school | ||||||
10 | districts shall receive a grant,
paid in conjunction with a | ||||||
11 | district's payments of general State aid, for
supplemental | ||||||
12 | general State aid based upon the concentration level of | ||||||
13 | children
from low-income households within the school | ||||||
14 | district.
Supplemental State aid grants provided for school | ||||||
15 | districts under this
subsection shall be appropriated for | ||||||
16 | distribution to school districts as part
of the same line item | ||||||
17 | in which the general State financial aid of school
districts is | ||||||
18 | appropriated under this Section.
| ||||||
19 | (1.5) This paragraph (1.5) applies only to those school | ||||||
20 | years
preceding the 2003-2004 school year.
For purposes of this
| ||||||
21 | subsection (H), the term "Low-Income Concentration Level" | ||||||
22 | shall be the
low-income
eligible pupil count from the most | ||||||
23 | recently available federal census divided by
the Average Daily | ||||||
24 | Attendance of the school district.
If, however, (i) the | ||||||
25 | percentage decrease from the 2 most recent federal
censuses
in |
| |||||||
| |||||||
1 | the low-income eligible pupil count of a high school district | ||||||
2 | with fewer
than 400 students exceeds by 75% or more the | ||||||
3 | percentage change in the total
low-income eligible pupil count | ||||||
4 | of contiguous elementary school districts,
whose boundaries | ||||||
5 | are coterminous with the high school district,
or (ii) a high | ||||||
6 | school district within 2 counties and serving 5 elementary
| ||||||
7 | school
districts, whose boundaries are coterminous with the | ||||||
8 | high school
district, has a percentage decrease from the 2 most | ||||||
9 | recent federal
censuses in the low-income eligible pupil count | ||||||
10 | and there is a percentage
increase in the total low-income | ||||||
11 | eligible pupil count of a majority of the
elementary school | ||||||
12 | districts in excess of 50% from the 2 most recent
federal | ||||||
13 | censuses, then
the
high school district's low-income eligible | ||||||
14 | pupil count from the earlier federal
census
shall be the number | ||||||
15 | used as the low-income eligible pupil count for the high
school | ||||||
16 | district, for purposes of this subsection (H).
The changes made | ||||||
17 | to this paragraph (1) by Public Act 92-28 shall apply to
| ||||||
18 | supplemental general State aid
grants for school years | ||||||
19 | preceding the 2003-2004 school year that are paid
in fiscal | ||||||
20 | year 1999 or thereafter
and to
any State aid payments made in | ||||||
21 | fiscal year 1994 through fiscal year
1998 pursuant to | ||||||
22 | subsection 1(n) of Section 18-8 of this Code (which was
| ||||||
23 | repealed on July 1, 1998), and any high school district that is | ||||||
24 | affected by
Public Act 92-28 is
entitled to a
recomputation of | ||||||
25 | its supplemental general State aid grant or State aid
paid in | ||||||
26 | any of those fiscal years. This recomputation shall not be
|
| |||||||
| |||||||
1 | affected by any other funding. | ||||||
2 | (1.10) This paragraph (1.10) applies to the 2003-2004 | ||||||
3 | school year
and each school year thereafter. For purposes of | ||||||
4 | this subsection (H), the
term "Low-Income Concentration Level" | ||||||
5 | shall, for each fiscal year, be the
low-income eligible
pupil | ||||||
6 | count
as of July 1 of the immediately preceding fiscal year
(as | ||||||
7 | determined by the Department of Human Services based
on the | ||||||
8 | number of pupils
who are eligible for at least one of the | ||||||
9 | following
low income programs: Medicaid, the Children's Health | ||||||
10 | Insurance Program, TANF, or Food Stamps,
excluding pupils who | ||||||
11 | are eligible for services provided by the Department
of | ||||||
12 | Children and Family Services,
averaged over
the 2 immediately | ||||||
13 | preceding fiscal years for fiscal year 2004 and over the 3
| ||||||
14 | immediately preceding fiscal years for each fiscal year | ||||||
15 | thereafter)
divided by the Average Daily Attendance of the | ||||||
16 | school district. | ||||||
17 | (2) Supplemental general State aid pursuant to this | ||||||
18 | subsection (H) shall
be
provided as follows for the 1998-1999, | ||||||
19 | 1999-2000, and 2000-2001 school years
only: | ||||||
20 | (a) For any school district with a Low Income | ||||||
21 | Concentration Level of at
least 20% and less than 35%, the | ||||||
22 | grant for any school year
shall be $800
multiplied by the | ||||||
23 | low income eligible pupil count. | ||||||
24 | (b) For any school district with a Low Income | ||||||
25 | Concentration Level of at
least 35% and less than 50%, the | ||||||
26 | grant for the 1998-1999 school year shall be
$1,100 |
| |||||||
| |||||||
1 | multiplied by the low income eligible pupil count. | ||||||
2 | (c) For any school district with a Low Income | ||||||
3 | Concentration Level of at
least 50% and less than 60%, the | ||||||
4 | grant for the 1998-99 school year shall be
$1,500 | ||||||
5 | multiplied by the low income eligible pupil count. | ||||||
6 | (d) For any school district with a Low Income | ||||||
7 | Concentration Level of 60%
or more, the grant for the | ||||||
8 | 1998-99 school year shall be $1,900 multiplied by
the low | ||||||
9 | income eligible pupil count. | ||||||
10 | (e) For the 1999-2000 school year, the per pupil amount | ||||||
11 | specified in
subparagraphs (b), (c), and (d) immediately | ||||||
12 | above shall be increased to $1,243,
$1,600, and $2,000, | ||||||
13 | respectively. | ||||||
14 | (f) For the 2000-2001 school year, the per pupil | ||||||
15 | amounts specified in
subparagraphs (b), (c), and (d) | ||||||
16 | immediately above shall be
$1,273, $1,640, and $2,050, | ||||||
17 | respectively. | ||||||
18 | (2.5) Supplemental general State aid pursuant to this | ||||||
19 | subsection (H)
shall be provided as follows for the 2002-2003 | ||||||
20 | school year: | ||||||
21 | (a) For any school district with a Low Income | ||||||
22 | Concentration Level of less
than 10%, the grant for each | ||||||
23 | school year shall be $355 multiplied by the low
income | ||||||
24 | eligible pupil count. | ||||||
25 | (b) For any school district with a Low Income | ||||||
26 | Concentration
Level of at least 10% and less than 20%, the |
| |||||||
| |||||||
1 | grant for each school year shall
be $675
multiplied by the | ||||||
2 | low income eligible pupil
count. | ||||||
3 | (c) For any school district with a Low Income | ||||||
4 | Concentration
Level of at least 20% and less than 35%, the | ||||||
5 | grant for each school year shall
be $1,330
multiplied by | ||||||
6 | the low income eligible pupil
count. | ||||||
7 | (d) For any school district with a Low Income | ||||||
8 | Concentration
Level of at least 35% and less than 50%, the | ||||||
9 | grant for each school year shall
be $1,362
multiplied by | ||||||
10 | the low income eligible pupil
count. | ||||||
11 | (e) For any school district with a Low Income | ||||||
12 | Concentration
Level of at least 50% and less than 60%, the | ||||||
13 | grant for each school year shall
be $1,680
multiplied by | ||||||
14 | the low income eligible pupil
count. | ||||||
15 | (f) For any school district with a Low Income | ||||||
16 | Concentration
Level of 60% or more, the grant for each | ||||||
17 | school year shall be $2,080
multiplied by the low income | ||||||
18 | eligible pupil count. | ||||||
19 | (2.10) Except as otherwise provided, supplemental general | ||||||
20 | State aid
pursuant to this subsection
(H) shall be provided as | ||||||
21 | follows for the 2003-2004 school year and each
school year | ||||||
22 | thereafter: | ||||||
23 | (a) For any school district with a Low Income | ||||||
24 | Concentration
Level of 15% or less, the grant for each | ||||||
25 | school year
shall be $355 multiplied by the low income | ||||||
26 | eligible pupil count. |
| |||||||
| |||||||
1 | (b) For any school district with a Low Income | ||||||
2 | Concentration
Level greater than 15%, the grant for each | ||||||
3 | school year shall be
$294.25 added to the product of $2,700 | ||||||
4 | and the square of the Low
Income Concentration Level, all | ||||||
5 | multiplied by the low income
eligible pupil count. | ||||||
6 | For the 2003-2004 school year and each school year | ||||||
7 | thereafter through the 2008-2009 school year only, the grant | ||||||
8 | shall be no less than the
grant
for
the 2002-2003 school year. | ||||||
9 | For the 2009-2010 school year only, the grant shall
be no
less | ||||||
10 | than the grant for the 2002-2003 school year multiplied by | ||||||
11 | 0.66. For the 2010-2011
school year only, the grant shall be no | ||||||
12 | less than the grant for the 2002-2003
school year
multiplied by | ||||||
13 | 0.33. Notwithstanding the provisions of this paragraph to the | ||||||
14 | contrary, if for any school year supplemental general State aid | ||||||
15 | grants are prorated as provided in paragraph (1) of this | ||||||
16 | subsection (H), then the grants under this paragraph shall be | ||||||
17 | prorated.
| ||||||
18 | For the 2003-2004 school year only, the grant shall be no | ||||||
19 | greater
than the grant received during the 2002-2003 school | ||||||
20 | year added to the
product of 0.25 multiplied by the difference | ||||||
21 | between the grant amount
calculated under subsection (a) or (b) | ||||||
22 | of this paragraph (2.10), whichever
is applicable, and the | ||||||
23 | grant received during the 2002-2003 school year.
For the | ||||||
24 | 2004-2005 school year only, the grant shall be no greater than
| ||||||
25 | the grant received during the 2002-2003 school year added to | ||||||
26 | the
product of 0.50 multiplied by the difference between the |
| |||||||
| |||||||
1 | grant amount
calculated under subsection (a) or (b) of this | ||||||
2 | paragraph (2.10), whichever
is applicable, and the grant | ||||||
3 | received during the 2002-2003 school year.
For the 2005-2006 | ||||||
4 | school year only, the grant shall be no greater than
the grant | ||||||
5 | received during the 2002-2003 school year added to the
product | ||||||
6 | of 0.75 multiplied by the difference between the grant amount
| ||||||
7 | calculated under subsection (a) or (b) of this paragraph | ||||||
8 | (2.10), whichever
is applicable, and the grant received during | ||||||
9 | the 2002-2003
school year. | ||||||
10 | (3) School districts with an Average Daily Attendance of | ||||||
11 | more than 1,000
and less than 50,000 that qualify for | ||||||
12 | supplemental general State aid pursuant
to this subsection | ||||||
13 | shall submit a plan to the State Board of Education prior to
| ||||||
14 | October 30 of each year for the use of the funds resulting from | ||||||
15 | this grant of
supplemental general State aid for the | ||||||
16 | improvement of
instruction in which priority is given to | ||||||
17 | meeting the education needs of
disadvantaged children. Such | ||||||
18 | plan shall be submitted in accordance with
rules and | ||||||
19 | regulations promulgated by the State Board of Education. | ||||||
20 | (4) School districts with an Average Daily Attendance of | ||||||
21 | 50,000 or more
that qualify for supplemental general State aid | ||||||
22 | pursuant to this subsection
shall be required to distribute | ||||||
23 | from funds available pursuant to this Section,
no less than | ||||||
24 | $261,000,000 in accordance with the following requirements: | ||||||
25 | (a) The required amounts shall be distributed to the | ||||||
26 | attendance centers
within the district in proportion to the |
| |||||||
| |||||||
1 | number of pupils enrolled at each
attendance center who are | ||||||
2 | eligible to receive free or reduced-price lunches or
| ||||||
3 | breakfasts under the federal Child Nutrition Act of 1966 | ||||||
4 | and under the National
School Lunch Act during the | ||||||
5 | immediately preceding school year. | ||||||
6 | (b) The distribution of these portions of supplemental | ||||||
7 | and general State
aid among attendance centers according to | ||||||
8 | these requirements shall not be
compensated for or | ||||||
9 | contravened by adjustments of the total of other funds
| ||||||
10 | appropriated to any attendance centers, and the Board of | ||||||
11 | Education shall
utilize funding from one or several sources | ||||||
12 | in order to fully implement this
provision annually prior | ||||||
13 | to the opening of school. | ||||||
14 | (c) Each attendance center shall be provided by the
| ||||||
15 | school district a distribution of noncategorical funds and | ||||||
16 | other
categorical funds to which an attendance center is | ||||||
17 | entitled under law in
order that the general State aid and | ||||||
18 | supplemental general State aid provided
by application of | ||||||
19 | this subsection supplements rather than supplants the
| ||||||
20 | noncategorical funds and other categorical funds provided | ||||||
21 | by the school
district to the attendance centers. | ||||||
22 | (d) Any funds made available under this subsection that | ||||||
23 | by reason of the
provisions of this subsection are not
| ||||||
24 | required to be allocated and provided to attendance centers | ||||||
25 | may be used and
appropriated by the board of the district | ||||||
26 | for any lawful school purpose. |
| |||||||
| |||||||
1 | (e) Funds received by an attendance center
pursuant to | ||||||
2 | this
subsection shall be used
by the attendance center at | ||||||
3 | the discretion
of the principal and local school council | ||||||
4 | for programs to improve educational
opportunities at | ||||||
5 | qualifying schools through the following programs and
| ||||||
6 | services: early childhood education, reduced class size or | ||||||
7 | improved adult to
student classroom ratio, enrichment | ||||||
8 | programs, remedial assistance, attendance
improvement, and | ||||||
9 | other educationally beneficial expenditures which
| ||||||
10 | supplement
the regular and basic programs as determined by | ||||||
11 | the State Board of Education.
Funds provided shall not be | ||||||
12 | expended for any political or lobbying purposes
as defined | ||||||
13 | by board rule. | ||||||
14 | (f) Each district subject to the provisions of this | ||||||
15 | subdivision (H)(4)
shall submit an
acceptable plan to meet | ||||||
16 | the educational needs of disadvantaged children, in
| ||||||
17 | compliance with the requirements of this paragraph, to the | ||||||
18 | State Board of
Education prior to July 15 of each year. | ||||||
19 | This plan shall be consistent with the
decisions of local | ||||||
20 | school councils concerning the school expenditure plans
| ||||||
21 | developed in accordance with part 4 of Section 34-2.3. The | ||||||
22 | State Board shall
approve or reject the plan within 60 days | ||||||
23 | after its submission. If the plan is
rejected, the district | ||||||
24 | shall give written notice of intent to modify the plan
| ||||||
25 | within 15 days of the notification of rejection and then | ||||||
26 | submit a modified plan
within 30 days after the date of the |
| |||||||
| |||||||
1 | written notice of intent to modify.
Districts may amend | ||||||
2 | approved plans pursuant to rules promulgated by the State
| ||||||
3 | Board of Education. | ||||||
4 | Upon notification by the State Board of Education that | ||||||
5 | the district has
not submitted a plan prior to July 15 or a | ||||||
6 | modified plan within the time
period specified herein, the
| ||||||
7 | State aid funds affected by that plan or modified plan | ||||||
8 | shall be withheld by the
State Board of Education until a | ||||||
9 | plan or modified plan is submitted. | ||||||
10 | If the district fails to distribute State aid to | ||||||
11 | attendance centers in
accordance with an approved plan, the | ||||||
12 | plan for the following year shall
allocate funds, in | ||||||
13 | addition to the funds otherwise required by this
| ||||||
14 | subsection, to those attendance centers which were | ||||||
15 | underfunded during the
previous year in amounts equal to | ||||||
16 | such underfunding. | ||||||
17 | For purposes of determining compliance with this | ||||||
18 | subsection in relation
to the requirements of attendance | ||||||
19 | center funding, each district subject to the
provisions of | ||||||
20 | this
subsection shall submit as a separate document by | ||||||
21 | December 1 of each year a
report of expenditure data for | ||||||
22 | the prior year in addition to any
modification of its | ||||||
23 | current plan. If it is determined that there has been
a | ||||||
24 | failure to comply with the expenditure provisions of this | ||||||
25 | subsection
regarding contravention or supplanting, the | ||||||
26 | State Superintendent of
Education shall, within 60 days of |
| |||||||
| |||||||
1 | receipt of the report, notify the
district and any affected | ||||||
2 | local school council. The district shall within
45 days of | ||||||
3 | receipt of that notification inform the State | ||||||
4 | Superintendent of
Education of the remedial or corrective | ||||||
5 | action to be taken, whether by
amendment of the current | ||||||
6 | plan, if feasible, or by adjustment in the plan
for the | ||||||
7 | following year. Failure to provide the expenditure report | ||||||
8 | or the
notification of remedial or corrective action in a | ||||||
9 | timely manner shall
result in a withholding of the affected | ||||||
10 | funds. | ||||||
11 | The State Board of Education shall promulgate rules and | ||||||
12 | regulations
to implement the provisions of this | ||||||
13 | subsection. No funds shall be released
under this | ||||||
14 | subdivision (H)(4) to any district that has not submitted a | ||||||
15 | plan
that has been approved by the State Board of | ||||||
16 | Education.
| ||||||
17 | (I) (Blank).
| ||||||
18 | (J) (Blank).
| ||||||
19 | (K) Grants to Laboratory and Alternative Schools. | ||||||
20 | In calculating the amount to be paid to the governing board | ||||||
21 | of a public
university that operates a laboratory school under | ||||||
22 | this Section or to any
alternative school that is operated by a | ||||||
23 | regional superintendent of schools,
the State
Board of |
| |||||||
| |||||||
1 | Education shall require by rule such reporting requirements as | ||||||
2 | it
deems necessary. | ||||||
3 | As used in this Section, "laboratory school" means a public | ||||||
4 | school which is
created and operated by a public university and | ||||||
5 | approved by the State Board of
Education. The governing board | ||||||
6 | of a public university which receives funds
from the State | ||||||
7 | Board under this subsection (K) may not increase the number of
| ||||||
8 | students enrolled in its laboratory
school from a single | ||||||
9 | district, if that district is already sending 50 or more
| ||||||
10 | students, except under a mutual agreement between the school | ||||||
11 | board of a
student's district of residence and the university | ||||||
12 | which operates the
laboratory school. A laboratory school may | ||||||
13 | not have more than 1,000 students,
excluding students with | ||||||
14 | disabilities in a special education program. | ||||||
15 | As used in this Section, "alternative school" means a | ||||||
16 | public school which is
created and operated by a Regional | ||||||
17 | Superintendent of Schools and approved by
the State Board of | ||||||
18 | Education. Such alternative schools may offer courses of
| ||||||
19 | instruction for which credit is given in regular school | ||||||
20 | programs, courses to
prepare students for the high school | ||||||
21 | equivalency testing program or vocational
and occupational | ||||||
22 | training. A regional superintendent of schools may contract
| ||||||
23 | with a school district or a public community college district | ||||||
24 | to operate an
alternative school. An alternative school serving | ||||||
25 | more than one educational
service region may be established by | ||||||
26 | the regional superintendents of schools
of the affected |
| |||||||
| |||||||
1 | educational service regions. An alternative school
serving | ||||||
2 | more than one educational service region may be operated under | ||||||
3 | such
terms as the regional superintendents of schools of those | ||||||
4 | educational service
regions may agree. | ||||||
5 | Each laboratory and alternative school shall file, on forms | ||||||
6 | provided by the
State Superintendent of Education, an annual | ||||||
7 | State aid claim which states the
Average Daily Attendance of | ||||||
8 | the school's students by month. The best 3 months'
Average | ||||||
9 | Daily Attendance shall be computed for each school.
The general | ||||||
10 | State aid entitlement shall be computed by multiplying the
| ||||||
11 | applicable Average Daily Attendance by the Foundation Level as | ||||||
12 | determined under
this Section.
| ||||||
13 | (L) Payments, Additional Grants in Aid and Other Requirements. | ||||||
14 | (1) For a school district operating under the financial | ||||||
15 | supervision
of an Authority created under Article 34A, the | ||||||
16 | general State aid otherwise
payable to that district under this | ||||||
17 | Section, but not the supplemental general
State aid, shall be | ||||||
18 | reduced by an amount equal to the budget for
the operations of | ||||||
19 | the Authority as certified by the Authority to the State
Board | ||||||
20 | of Education, and an amount equal to such reduction shall be | ||||||
21 | paid
to the Authority created for such district for its | ||||||
22 | operating expenses in
the manner provided in Section 18-11. The | ||||||
23 | remainder
of general State school aid for any such district | ||||||
24 | shall be paid in accordance
with Article 34A when that Article | ||||||
25 | provides for a disposition other than that
provided by this |
| |||||||
| |||||||
1 | Article. | ||||||
2 | (2) (Blank). | ||||||
3 | (3) Summer school. Summer school payments shall be made as | ||||||
4 | provided in
Section 18-4.3.
| ||||||
5 | (M) Education Funding Advisory Board. | ||||||
6 | The Education Funding Advisory
Board, hereinafter in this | ||||||
7 | subsection (M) referred to as the "Board", is hereby
created. | ||||||
8 | The Board
shall consist of 5 members who are appointed by the | ||||||
9 | Governor, by and with the
advice and consent of the Senate. The | ||||||
10 | members appointed shall include
representatives of education, | ||||||
11 | business, and the general public. One of the
members so | ||||||
12 | appointed shall be
designated by the Governor at the time the | ||||||
13 | appointment is made as the
chairperson of the
Board.
The | ||||||
14 | initial members of the Board may
be appointed any time after | ||||||
15 | the effective date of this amendatory Act of
1997. The regular | ||||||
16 | term of each member of the
Board shall be for 4 years from the | ||||||
17 | third Monday of January of the
year in which the term of the | ||||||
18 | member's appointment is to commence, except that
of the 5 | ||||||
19 | initial members appointed to serve on the
Board, the member who | ||||||
20 | is appointed as the chairperson shall serve for
a term that | ||||||
21 | commences on the date of his or her appointment and expires on | ||||||
22 | the
third Monday of January, 2002, and the remaining 4 members, | ||||||
23 | by lots drawn at
the first meeting of the Board that is
held
| ||||||
24 | after all 5 members are appointed, shall determine 2 of their | ||||||
25 | number to serve
for terms that commence on the date of their
|
| |||||||
| |||||||
1 | respective appointments and expire on the third
Monday of | ||||||
2 | January, 2001,
and 2 of their number to serve for terms that | ||||||
3 | commence
on the date of their respective appointments and | ||||||
4 | expire on the third Monday
of January, 2000. All members | ||||||
5 | appointed to serve on the
Board shall serve until their | ||||||
6 | respective successors are
appointed and confirmed. Vacancies | ||||||
7 | shall be filled in the same manner as
original appointments. If | ||||||
8 | a vacancy in membership occurs at a time when the
Senate is not | ||||||
9 | in session, the Governor shall make a temporary appointment | ||||||
10 | until
the next meeting of the Senate, when he or she shall | ||||||
11 | appoint, by and with the
advice and consent of the Senate, a | ||||||
12 | person to fill that membership for the
unexpired term. If the | ||||||
13 | Senate is not in session when the initial appointments
are | ||||||
14 | made, those appointments shall
be made as in the case of | ||||||
15 | vacancies. | ||||||
16 | The Education Funding Advisory Board shall be deemed | ||||||
17 | established,
and the initial
members appointed by the Governor | ||||||
18 | to serve as members of the
Board shall take office,
on the date | ||||||
19 | that the
Governor makes his or her appointment of the fifth | ||||||
20 | initial member of the
Board, whether those initial members are | ||||||
21 | then serving
pursuant to appointment and confirmation or | ||||||
22 | pursuant to temporary appointments
that are made by the | ||||||
23 | Governor as in the case of vacancies. | ||||||
24 | The State Board of Education shall provide such staff | ||||||
25 | assistance to the
Education Funding Advisory Board as is | ||||||
26 | reasonably required for the proper
performance by the Board of |
| |||||||
| |||||||
1 | its responsibilities. | ||||||
2 | For school years after the 2000-2001 school year, the | ||||||
3 | Education
Funding Advisory Board, in consultation with the | ||||||
4 | State Board of Education,
shall make recommendations as | ||||||
5 | provided in this subsection (M) to the General
Assembly for the | ||||||
6 | foundation level under subdivision (B)(3) of this Section and
| ||||||
7 | for the
supplemental general State aid grant level under | ||||||
8 | subsection (H) of this Section
for districts with high | ||||||
9 | concentrations of children from poverty. The
recommended | ||||||
10 | foundation level shall be determined based on a methodology | ||||||
11 | which
incorporates the basic education expenditures of | ||||||
12 | low-spending schools
exhibiting high academic performance. The | ||||||
13 | Education Funding Advisory Board
shall make such | ||||||
14 | recommendations to the General Assembly on January 1 of odd
| ||||||
15 | numbered years, beginning January 1, 2001.
| ||||||
16 | (N) (Blank).
| ||||||
17 | (O) References. | ||||||
18 | (1) References in other laws to the various subdivisions of
| ||||||
19 | Section 18-8 as that Section existed before its repeal and | ||||||
20 | replacement by this
Section 18-8.05 shall be deemed to refer to | ||||||
21 | the corresponding provisions of
this Section 18-8.05, to the | ||||||
22 | extent that those references remain applicable. | ||||||
23 | (2) References in other laws to State Chapter 1 funds shall | ||||||
24 | be deemed to
refer to the supplemental general State aid |
| |||||||
| |||||||
1 | provided under subsection (H) of
this Section. | ||||||
2 | (P) Public Act 93-838 and Public Act 93-808 make inconsistent | ||||||
3 | changes to this Section. Under Section 6 of the Statute on | ||||||
4 | Statutes there is an irreconcilable conflict between Public Act | ||||||
5 | 93-808 and Public Act 93-838. Public Act 93-838, being the last | ||||||
6 | acted upon, is controlling. The text of Public Act 93-838 is | ||||||
7 | the law regardless of the text of Public Act 93-808. | ||||||
8 | (Source: P.A. 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, | ||||||
9 | eff. 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; | ||||||
10 | 96-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff. | ||||||
11 | 11-18-10; 97-339, eff. 8-12-11; 97-351, eff. 8-12-11; 97-742, | ||||||
12 | eff. 6-30-13; 97-813, eff. 7-13-12 .) | ||||||
13 | (105 ILCS 5/21B-75) | ||||||
14 | Sec. 21B-75. Suspension or revocation of license. | ||||||
15 | (a) As used in this Section, "teacher" means any school | ||||||
16 | district employee regularly required to be licensed, as | ||||||
17 | provided in this Article, in order to teach or supervise in the | ||||||
18 | public schools. | ||||||
19 | (b) The State Superintendent of Education has the exclusive | ||||||
20 | authority, in accordance with this Section and any rules | ||||||
21 | adopted by the State Board of Education, in consultation with | ||||||
22 | the State Educator Preparation and Licensure Board, to initiate | ||||||
23 | the suspension of up to 5 calendar years or revocation of any | ||||||
24 | license issued pursuant to this Article for abuse or neglect of |
| |||||||
| |||||||
1 | a child, immorality, a condition of health detrimental to the | ||||||
2 | welfare of pupils, incompetency, unprofessional conduct (which | ||||||
3 | includes the failure to disclose on an employment application | ||||||
4 | any previous conviction for a sex offense, as defined in | ||||||
5 | Section 21B-80 of this Code, or any other offense committed in | ||||||
6 | any other state or against the laws of the United States that, | ||||||
7 | if committed in this State, would be punishable as a sex | ||||||
8 | offense, as defined in Section 21B-80 of this Code), the | ||||||
9 | neglect of any professional duty, willful failure to report an | ||||||
10 | instance of suspected child abuse or neglect as required by the | ||||||
11 | Abused and Neglected Child Reporting Act, failure to establish | ||||||
12 | satisfactory repayment on an educational loan guaranteed by the | ||||||
13 | Illinois Student Assistance Commission, or other just cause. | ||||||
14 | Unprofessional conduct shall include the refusal to attend or | ||||||
15 | participate in institutes, teachers' meetings, or professional | ||||||
16 | readings or to meet other reasonable requirements of the | ||||||
17 | regional superintendent of schools or State Superintendent of | ||||||
18 | Education. Unprofessional conduct also includes conduct that | ||||||
19 | violates the standards, ethics, or rules applicable to the | ||||||
20 | security, administration, monitoring, or scoring of or the | ||||||
21 | reporting of scores from any assessment test or examination | ||||||
22 | administered under Section 2-3.64a-5 2-3.64 of this Code or | ||||||
23 | that is known or intended to produce or report manipulated or | ||||||
24 | artificial, rather than actual, assessment or achievement | ||||||
25 | results or gains from the administration of those tests or | ||||||
26 | examinations. Unprofessional conduct shall also include |
| |||||||
| |||||||
1 | neglect or unnecessary delay in the making of statistical and | ||||||
2 | other reports required by school officers. Incompetency shall | ||||||
3 | include, without limitation, 2 or more school terms of service | ||||||
4 | for which the license holder has received an unsatisfactory | ||||||
5 | rating on a performance evaluation conducted pursuant to | ||||||
6 | Article 24A of this Code within a period of 7 school terms of | ||||||
7 | service. In determining whether to initiate action against one | ||||||
8 | or more licenses based on incompetency and the recommended | ||||||
9 | sanction for such action, the State Superintendent shall | ||||||
10 | consider factors that include without limitation all of the | ||||||
11 | following: | ||||||
12 | (1) Whether the unsatisfactory evaluation ratings | ||||||
13 | occurred prior to June 13, 2011 (the effective date of | ||||||
14 | Public Act 97-8). | ||||||
15 | (2) Whether the unsatisfactory evaluation ratings | ||||||
16 | occurred prior to or after the implementation date, as | ||||||
17 | defined in Section 24A-2.5 of this Code, of an evaluation | ||||||
18 | system for teachers in a school district. | ||||||
19 | (3) Whether the evaluator or evaluators who performed | ||||||
20 | an unsatisfactory evaluation met the pre-licensure and | ||||||
21 | training requirements set forth in Section 24A-3 of this | ||||||
22 | Code. | ||||||
23 | (4) The time between the unsatisfactory evaluation | ||||||
24 | ratings. | ||||||
25 | (5) The quality of the remediation plans associated | ||||||
26 | with the unsatisfactory evaluation ratings and whether the |
| |||||||
| |||||||
1 | license holder successfully completed the remediation | ||||||
2 | plans. | ||||||
3 | (6) Whether the unsatisfactory evaluation ratings were | ||||||
4 | related to the same or different assignments performed by | ||||||
5 | the license holder. | ||||||
6 | (7) Whether one or more of the unsatisfactory | ||||||
7 | evaluation ratings occurred in the first year of a teaching | ||||||
8 | or administrative assignment. | ||||||
9 | When initiating an action against one or more licenses, the | ||||||
10 | State Superintendent may seek required professional | ||||||
11 | development as a sanction in lieu of or in addition to | ||||||
12 | suspension or revocation. Any such required professional | ||||||
13 | development must be at the expense of the license holder, who | ||||||
14 | may use, if available and applicable to the requirements | ||||||
15 | established by administrative or court order, training, | ||||||
16 | coursework, or other professional development funds in | ||||||
17 | accordance with the terms of an applicable collective | ||||||
18 | bargaining agreement entered into after June 13, 2011 (the | ||||||
19 | effective date of Public Act 97-8), unless that agreement | ||||||
20 | specifically precludes use of funds for such purpose. | ||||||
21 | (c) The State Superintendent of Education shall, upon | ||||||
22 | receipt of evidence of abuse or neglect of a child, immorality, | ||||||
23 | a condition of health detrimental to the welfare of pupils, | ||||||
24 | incompetency (subject to subsection (b) of this Section), | ||||||
25 | unprofessional conduct, the neglect of any professional duty, | ||||||
26 | or other just cause, further investigate and, if and as |
| |||||||
| |||||||
1 | appropriate, serve written notice to the individual and afford | ||||||
2 | the individual opportunity for a hearing prior to suspension, | ||||||
3 | revocation, or other sanction; provided that the State | ||||||
4 | Superintendent is under no obligation to initiate such an | ||||||
5 | investigation if the Department of Children and Family Services | ||||||
6 | is investigating the same or substantially similar allegations | ||||||
7 | and its child protective service unit has not made its | ||||||
8 | determination, as required under Section 7.12 of the Abused and | ||||||
9 | Neglected Child Reporting Act. If the State Superintendent of | ||||||
10 | Education does not receive from an individual a request for a | ||||||
11 | hearing within 10 days after the individual receives notice, | ||||||
12 | the suspension, revocation, or other sanction shall | ||||||
13 | immediately take effect in accordance with the notice. If a | ||||||
14 | hearing is requested within 10 days after notice of an | ||||||
15 | opportunity for hearing, it shall act as a stay of proceedings | ||||||
16 | until the State Educator Preparation and Licensure Board issues | ||||||
17 | a decision. Any hearing shall take place in the educational | ||||||
18 | service region where the educator is or was last employed and | ||||||
19 | in accordance with rules adopted by the State Board of | ||||||
20 | Education, in consultation with the State Educator Preparation | ||||||
21 | and Licensure Board, and such rules shall include without | ||||||
22 | limitation provisions for discovery and the sharing of | ||||||
23 | information between parties prior to the hearing. The standard | ||||||
24 | of proof for any administrative hearing held pursuant to this | ||||||
25 | Section shall be by the preponderance of the evidence. The | ||||||
26 | decision of the State Educator Preparation and Licensure Board |
| |||||||
| |||||||
1 | is a final administrative decision and is subject to judicial | ||||||
2 | review by appeal of either party. | ||||||
3 | The State Board of Education may refuse to issue or may | ||||||
4 | suspend the license of any person who fails to file a return or | ||||||
5 | to pay the tax, penalty, or interest shown in a filed return or | ||||||
6 | to pay any final assessment of tax, penalty, or interest, as | ||||||
7 | required by any tax Act administered by the Department of | ||||||
8 | Revenue, until such time as the requirements of any such tax | ||||||
9 | Act are satisfied. | ||||||
10 | The exclusive authority of the State Superintendent of | ||||||
11 | Education to initiate suspension or revocation of a license | ||||||
12 | pursuant to this Section does not preclude a regional | ||||||
13 | superintendent of schools from cooperating with the State | ||||||
14 | Superintendent or a State's Attorney with respect to an | ||||||
15 | investigation of alleged misconduct. | ||||||
16 | (d) The State Superintendent of Education or his or her | ||||||
17 | designee may initiate and conduct such investigations as may be | ||||||
18 | reasonably necessary to establish the existence of any alleged | ||||||
19 | misconduct. At any stage of the investigation, the State | ||||||
20 | Superintendent may issue a subpoena requiring the attendance | ||||||
21 | and testimony of a witness, including the license holder, and | ||||||
22 | the production of any evidence, including files, records, | ||||||
23 | correspondence, or documents, relating to any matter in | ||||||
24 | question in the investigation. The subpoena shall require a | ||||||
25 | witness to appear at the State Board of Education at a | ||||||
26 | specified date and time and shall specify any evidence to be |
| |||||||
| |||||||
1 | produced. The license holder is not entitled to be present, but | ||||||
2 | the State Superintendent shall provide the license holder with | ||||||
3 | a copy of any recorded testimony prior to a hearing under this | ||||||
4 | Section. Such recorded testimony must not be used as evidence | ||||||
5 | at a hearing, unless the license holder has adequate notice of | ||||||
6 | the testimony and the opportunity to cross-examine the witness. | ||||||
7 | Failure of a license holder to comply with a duly issued, | ||||||
8 | investigatory subpoena may be grounds for revocation, | ||||||
9 | suspension, or denial of a license. | ||||||
10 | (e) All correspondence, documentation, and other | ||||||
11 | information so received by the regional superintendent of | ||||||
12 | schools, the State Superintendent of Education, the State Board | ||||||
13 | of Education, or the State Educator Preparation and Licensure | ||||||
14 | Board under this Section is confidential and must not be | ||||||
15 | disclosed to third parties, except (i) as necessary for the | ||||||
16 | State Superintendent of Education or his or her designee to | ||||||
17 | investigate and prosecute pursuant to this Article, (ii) | ||||||
18 | pursuant to a court order, (iii) for disclosure to the license | ||||||
19 | holder or his or her representative, or (iv) as otherwise | ||||||
20 | required in this Article and provided that any such information | ||||||
21 | admitted into evidence in a hearing is exempt from this | ||||||
22 | confidentiality and non-disclosure requirement. | ||||||
23 | (f) The State Superintendent of Education or a person | ||||||
24 | designated by him or her shall have the power to administer | ||||||
25 | oaths to witnesses at any hearing conducted before the State | ||||||
26 | Educator Preparation and Licensure Board pursuant to this |
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1 | Section. The State Superintendent of Education or a person | ||||||
2 | designated by him or her is authorized to subpoena and bring | ||||||
3 | before the State Educator Preparation and Licensure Board any | ||||||
4 | person in this State and to take testimony either orally or by | ||||||
5 | deposition or by exhibit, with the same fees and mileage and in | ||||||
6 | the same manner as prescribed by law in judicial proceedings in | ||||||
7 | civil cases in circuit courts of this State. | ||||||
8 | (g) Any circuit court, upon the application of the State | ||||||
9 | Superintendent of Education or the license holder, may, by | ||||||
10 | order duly entered, require the attendance of witnesses and the | ||||||
11 | production of relevant books and papers as part of any | ||||||
12 | investigation or at any hearing the State Educator Preparation | ||||||
13 | and Licensure Board is authorized to conduct pursuant to this | ||||||
14 | Section, and the court may compel obedience to its orders by | ||||||
15 | proceedings for contempt. | ||||||
16 | (h) The State Board of Education shall receive an annual | ||||||
17 | line item appropriation to cover fees associated with the | ||||||
18 | investigation and prosecution of alleged educator misconduct | ||||||
19 | and hearings related thereto.
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20 | (Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff. | ||||||
21 | 6-13-11; 97-813, eff. 7-13-12.)
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22 | (105 ILCS 5/27A-6)
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23 | Sec. 27A-6. Contract contents; applicability of laws and | ||||||
24 | regulations.
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25 | (a) A certified charter shall constitute a binding contract |
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1 | and agreement
between
the charter school and a local school | ||||||
2 | board under the terms of which the local
school board | ||||||
3 | authorizes the governing body of the charter school to operate | ||||||
4 | the
charter
school on the terms specified in the contract.
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5 | (b) Notwithstanding any other provision of this Article, | ||||||
6 | the certified
charter
may
not waive or release the charter | ||||||
7 | school from the State goals, standards, and
assessments | ||||||
8 | established pursuant to Section 2-3.64a-5 of this Code 2-3.64 .
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9 | Beginning with the 2003-2004 school year, the certified charter | ||||||
10 | for a charter
school operating in a city having a population | ||||||
11 | exceeding 500,000 shall
require the charter school to | ||||||
12 | administer any other nationally recognized
standardized tests | ||||||
13 | to its students that the chartering entity administers to
other
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14 | students, and the results on such tests shall be included in | ||||||
15 | the
chartering entity's assessment reports.
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16 | (c) Subject to the provisions of subsection (e), a material | ||||||
17 | revision to a
previously certified contract or a renewal shall | ||||||
18 | be made with
the approval of both the local school board and | ||||||
19 | the governing body of the
charter school.
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20 | (c-5) The proposed contract shall include a provision on | ||||||
21 | how both parties
will address minor violations of the contract.
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22 | (d) The proposed contract between the governing body of a | ||||||
23 | proposed charter
school and the local school board as described | ||||||
24 | in Section 27A-7 must be
submitted to and certified by the | ||||||
25 | State Board before it can take effect. If
the State Board | ||||||
26 | recommends that the proposed contract be modified for
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1 | consistency with this Article before it can be certified, the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | modifications
must be consented to by both the governing body | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | of
the charter school and the local school board, and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | resubmitted to the State
Board for its certification. If the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | proposed contract is resubmitted in a form
that is not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | consistent with this Article, the State
Board may refuse to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | certify the charter.
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8 | The State Board shall assign a number to each submission or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | resubmission in
chronological order of receipt, and shall | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | determine whether the proposed
contract is consistent with the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | provisions of this Article. If the proposed
contract complies, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | the State Board shall so certify.
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13 | (e) No material revision to a previously certified contract | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | or a renewal
shall be effective unless and until the State | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Board certifies that the revision
or renewal is consistent with | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | the provisions of this Article.
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17 | (Source: P.A. 93-3, eff. 4-16-03.)
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18 | (105 ILCS 5/2-3.64 rep.)
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19 | Section 10. The School Code is amended by repealing Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | 2-3.64.
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21 | Section 99. Effective date. This Act takes effect July 1, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | 2014.
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