Illinois General Assembly - Full Text of HB1722
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Full Text of HB1722  102nd General Assembly

HB1722 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1722

 

Introduced 2/17/2021, by Rep. Chris Miller

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/18-8.15

    Amends the evidence-based funding provisions of the School Code. Provides that, beginning with the 2021-2022 school year, the State Board of Education shall, if a student enrolls in a nonpublic school after being enrolled in a resident school district, distribute to the nonpublic school all funds calculated under the evidence-based funding formula, on a per pupil basis, that otherwise would have been provided to the resident school district if the student were still enrolled in the resident school district; provides for proration if a student enrolls in a nonpublic school during the middle of a school year. Effective immediately.


LRB102 11178 CMG 16510 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1722LRB102 11178 CMG 16510 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
518-8.15 as follows:
 
6    (105 ILCS 5/18-8.15)
7    Sec. 18-8.15. Evidence-Based Funding for student success
8for the 2017-2018 and subsequent school years.
9    (a) General provisions.
10        (1) The purpose of this Section is to ensure that, by
11    June 30, 2027 and beyond, this State has a kindergarten
12    through grade 12 public education system with the capacity
13    to ensure the educational development of all persons to
14    the limits of their capacities in accordance with Section
15    1 of Article X of the Constitution of the State of
16    Illinois. To accomplish that objective, this Section
17    creates a method of funding public education that is
18    evidence-based; is sufficient to ensure every student
19    receives a meaningful opportunity to learn irrespective of
20    race, ethnicity, sexual orientation, gender, or
21    community-income level; and is sustainable and
22    predictable. When fully funded under this Section, every
23    school shall have the resources, based on what the

 

 

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1    evidence indicates is needed, to:
2            (A) provide all students with a high quality
3        education that offers the academic, enrichment, social
4        and emotional support, technical, and career-focused
5        programs that will allow them to become competitive
6        workers, responsible parents, productive citizens of
7        this State, and active members of our national
8        democracy;
9            (B) ensure all students receive the education they
10        need to graduate from high school with the skills
11        required to pursue post-secondary education and
12        training for a rewarding career;
13            (C) reduce, with a goal of eliminating, the
14        achievement gap between at-risk and non-at-risk
15        students by raising the performance of at-risk
16        students and not by reducing standards; and
17            (D) ensure this State satisfies its obligation to
18        assume the primary responsibility to fund public
19        education and simultaneously relieve the
20        disproportionate burden placed on local property taxes
21        to fund schools.
22        (2) The Evidence-Based Funding formula under this
23    Section shall be applied to all Organizational Units in
24    this State. The Evidence-Based Funding formula outlined in
25    this Act is based on the formula outlined in Senate Bill 1
26    of the 100th General Assembly, as passed by both

 

 

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1    legislative chambers. As further defined and described in
2    this Section, there are 4 major components of the
3    Evidence-Based Funding model:
4            (A) First, the model calculates a unique Adequacy
5        Target for each Organizational Unit in this State that
6        considers the costs to implement research-based
7        activities, the unit's student demographics, and
8        regional wage differences.
9            (B) Second, the model calculates each
10        Organizational Unit's Local Capacity, or the amount
11        each Organizational Unit is assumed to contribute
12        toward its Adequacy Target from local resources.
13            (C) Third, the model calculates how much funding
14        the State currently contributes to the Organizational
15        Unit and adds that to the unit's Local Capacity to
16        determine the unit's overall current adequacy of
17        funding.
18            (D) Finally, the model's distribution method
19        allocates new State funding to those Organizational
20        Units that are least well-funded, considering both
21        Local Capacity and State funding, in relation to their
22        Adequacy Target.
23        (3) An Organizational Unit receiving any funding under
24    this Section may apply those funds to any fund so received
25    for which that Organizational Unit is authorized to make
26    expenditures by law.

 

 

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1        (4) As used in this Section, the following terms shall
2    have the meanings ascribed in this paragraph (4):
3        "Adequacy Target" is defined in paragraph (1) of
4    subsection (b) of this Section.
5        "Adjusted EAV" is defined in paragraph (4) of
6    subsection (d) of this Section.
7        "Adjusted Local Capacity Target" is defined in
8    paragraph (3) of subsection (c) of this Section.
9        "Adjusted Operating Tax Rate" means a tax rate for all
10    Organizational Units, for which the State Superintendent
11    shall calculate and subtract for the Operating Tax Rate a
12    transportation rate based on total expenses for
13    transportation services under this Code, as reported on
14    the most recent Annual Financial Report in Pupil
15    Transportation Services, function 2550 in both the
16    Education and Transportation funds and functions 4110 and
17    4120 in the Transportation fund, less any corresponding
18    fiscal year State of Illinois scheduled payments excluding
19    net adjustments for prior years for regular, vocational,
20    or special education transportation reimbursement pursuant
21    to Section 29-5 or subsection (b) of Section 14-13.01 of
22    this Code divided by the Adjusted EAV. If an
23    Organizational Unit's corresponding fiscal year State of
24    Illinois scheduled payments excluding net adjustments for
25    prior years for regular, vocational, or special education
26    transportation reimbursement pursuant to Section 29-5 or

 

 

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1    subsection (b) of Section 14-13.01 of this Code exceed the
2    total transportation expenses, as defined in this
3    paragraph, no transportation rate shall be subtracted from
4    the Operating Tax Rate.
5        "Allocation Rate" is defined in paragraph (3) of
6    subsection (g) of this Section.
7        "Alternative School" means a public school that is
8    created and operated by a regional superintendent of
9    schools and approved by the State Board.
10        "Applicable Tax Rate" is defined in paragraph (1) of
11    subsection (d) of this Section.
12        "Assessment" means any of those benchmark, progress
13    monitoring, formative, diagnostic, and other assessments,
14    in addition to the State accountability assessment, that
15    assist teachers' needs in understanding the skills and
16    meeting the needs of the students they serve.
17        "Assistant principal" means a school administrator
18    duly endorsed to be employed as an assistant principal in
19    this State.
20        "At-risk student" means a student who is at risk of
21    not meeting the Illinois Learning Standards or not
22    graduating from elementary or high school and who
23    demonstrates a need for vocational support or social
24    services beyond that provided by the regular school
25    program. All students included in an Organizational Unit's
26    Low-Income Count, as well as all English learner and

 

 

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1    disabled students attending the Organizational Unit, shall
2    be considered at-risk students under this Section.
3        "Average Student Enrollment" or "ASE" for fiscal year
4    2018 means, for an Organizational Unit, the greater of the
5    average number of students (grades K through 12) reported
6    to the State Board as enrolled in the Organizational Unit
7    on October 1 in the immediately preceding school year,
8    plus the pre-kindergarten students who receive special
9    education services of 2 or more hours a day as reported to
10    the State Board on December 1 in the immediately preceding
11    school year, or the average number of students (grades K
12    through 12) reported to the State Board as enrolled in the
13    Organizational Unit on October 1, plus the
14    pre-kindergarten students who receive special education
15    services of 2 or more hours a day as reported to the State
16    Board on December 1, for each of the immediately preceding
17    3 school years. For fiscal year 2019 and each subsequent
18    fiscal year, "Average Student Enrollment" or "ASE" means,
19    for an Organizational Unit, the greater of the average
20    number of students (grades K through 12) reported to the
21    State Board as enrolled in the Organizational Unit on
22    October 1 and March 1 in the immediately preceding school
23    year, plus the pre-kindergarten students who receive
24    special education services as reported to the State Board
25    on October 1 and March 1 in the immediately preceding
26    school year, or the average number of students (grades K

 

 

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1    through 12) reported to the State Board as enrolled in the
2    Organizational Unit on October 1 and March 1, plus the
3    pre-kindergarten students who receive special education
4    services as reported to the State Board on October 1 and
5    March 1, for each of the immediately preceding 3 school
6    years. For the purposes of this definition, "enrolled in
7    the Organizational Unit" means the number of students
8    reported to the State Board who are enrolled in schools
9    within the Organizational Unit that the student attends or
10    would attend if not placed or transferred to another
11    school or program to receive needed services. For the
12    purposes of calculating "ASE", all students, grades K
13    through 12, excluding those attending kindergarten for a
14    half day and students attending an alternative education
15    program operated by a regional office of education or
16    intermediate service center, shall be counted as 1.0. All
17    students attending kindergarten for a half day shall be
18    counted as 0.5, unless in 2017 by June 15 or by March 1 in
19    subsequent years, the school district reports to the State
20    Board of Education the intent to implement full-day
21    kindergarten district-wide for all students, then all
22    students attending kindergarten shall be counted as 1.0.
23    Special education pre-kindergarten students shall be
24    counted as 0.5 each. If the State Board does not collect or
25    has not collected both an October 1 and March 1 enrollment
26    count by grade or a December 1 collection of special

 

 

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1    education pre-kindergarten students as of August 31, 2017
2    (the effective date of Public Act 100-465), it shall
3    establish such collection for all future years. For any
4    year in which a count by grade level was collected only
5    once, that count shall be used as the single count
6    available for computing a 3-year average ASE. Funding for
7    programs operated by a regional office of education or an
8    intermediate service center must be calculated using the
9    Evidence-Based Funding formula under this Section for the
10    2019-2020 school year and each subsequent school year
11    until separate adequacy formulas are developed and adopted
12    for each type of program. ASE for a program operated by a
13    regional office of education or an intermediate service
14    center must be determined by the March 1 enrollment for
15    the program. For the 2019-2020 school year, the ASE used
16    in the calculation must be the first-year ASE and, in that
17    year only, the assignment of students served by a regional
18    office of education or intermediate service center shall
19    not result in a reduction of the March enrollment for any
20    school district. For the 2020-2021 school year, the ASE
21    must be the greater of the current-year ASE or the 2-year
22    average ASE. Beginning with the 2021-2022 school year, the
23    ASE must be the greater of the current-year ASE or the
24    3-year average ASE. School districts shall submit the data
25    for the ASE calculation to the State Board within 45 days
26    of the dates required in this Section for submission of

 

 

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1    enrollment data in order for it to be included in the ASE
2    calculation. For fiscal year 2018 only, the ASE
3    calculation shall include only enrollment taken on October
4    1.
5        "Base Funding Guarantee" is defined in paragraph (10)
6    of subsection (g) of this Section.
7        "Base Funding Minimum" is defined in subsection (e) of
8    this Section.
9        "Base Tax Year" means the property tax levy year used
10    to calculate the Budget Year allocation of primary State
11    aid.
12        "Base Tax Year's Extension" means the product of the
13    equalized assessed valuation utilized by the county clerk
14    in the Base Tax Year multiplied by the limiting rate as
15    calculated by the county clerk and defined in PTELL.
16        "Bilingual Education Allocation" means the amount of
17    an Organizational Unit's final Adequacy Target
18    attributable to bilingual education divided by the
19    Organizational Unit's final Adequacy Target, the product
20    of which shall be multiplied by the amount of new funding
21    received pursuant to this Section. An Organizational
22    Unit's final Adequacy Target attributable to bilingual
23    education shall include all additional investments in
24    English learner students' adequacy elements.
25        "Budget Year" means the school year for which primary
26    State aid is calculated and awarded under this Section.

 

 

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1        "Central office" means individual administrators and
2    support service personnel charged with managing the
3    instructional programs, business and operations, and
4    security of the Organizational Unit.
5        "Comparable Wage Index" or "CWI" means a regional cost
6    differentiation metric that measures systemic, regional
7    variations in the salaries of college graduates who are
8    not educators. The CWI utilized for this Section shall,
9    for the first 3 years of Evidence-Based Funding
10    implementation, be the CWI initially developed by the
11    National Center for Education Statistics, as most recently
12    updated by Texas A & M University. In the fourth and
13    subsequent years of Evidence-Based Funding implementation,
14    the State Superintendent shall re-determine the CWI using
15    a similar methodology to that identified in the Texas A & M
16    University study, with adjustments made no less frequently
17    than once every 5 years.
18        "Computer technology and equipment" means computers
19    servers, notebooks, network equipment, copiers, printers,
20    instructional software, security software, curriculum
21    management courseware, and other similar materials and
22    equipment.
23        "Computer technology and equipment investment
24    allocation" means the final Adequacy Target amount of an
25    Organizational Unit assigned to Tier 1 or Tier 2 in the
26    prior school year attributable to the additional $285.50

 

 

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1    per student computer technology and equipment investment
2    grant divided by the Organizational Unit's final Adequacy
3    Target, the result of which shall be multiplied by the
4    amount of new funding received pursuant to this Section.
5    An Organizational Unit assigned to a Tier 1 or Tier 2 final
6    Adequacy Target attributable to the received computer
7    technology and equipment investment grant shall include
8    all additional investments in computer technology and
9    equipment adequacy elements.
10        "Core subject" means mathematics; science; reading,
11    English, writing, and language arts; history and social
12    studies; world languages; and subjects taught as Advanced
13    Placement in high schools.
14        "Core teacher" means a regular classroom teacher in
15    elementary schools and teachers of a core subject in
16    middle and high schools.
17        "Core Intervention teacher (tutor)" means a licensed
18    teacher providing one-on-one or small group tutoring to
19    students struggling to meet proficiency in core subjects.
20        "CPPRT" means corporate personal property replacement
21    tax funds paid to an Organizational Unit during the
22    calendar year one year before the calendar year in which a
23    school year begins, pursuant to "An Act in relation to the
24    abolition of ad valorem personal property tax and the
25    replacement of revenues lost thereby, and amending and
26    repealing certain Acts and parts of Acts in connection

 

 

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1    therewith", certified August 14, 1979, as amended (Public
2    Act 81-1st S.S.-1).
3        "EAV" means equalized assessed valuation as defined in
4    paragraph (2) of subsection (d) of this Section and
5    calculated in accordance with paragraph (3) of subsection
6    (d) of this Section.
7        "ECI" means the Bureau of Labor Statistics' national
8    employment cost index for civilian workers in educational
9    services in elementary and secondary schools on a
10    cumulative basis for the 12-month calendar year preceding
11    the fiscal year of the Evidence-Based Funding calculation.
12        "EIS Data" means the employment information system
13    data maintained by the State Board on educators within
14    Organizational Units.
15        "Employee benefits" means health, dental, and vision
16    insurance offered to employees of an Organizational Unit,
17    the costs associated with the statutorily required payment
18    of the normal cost of the Organizational Unit's teacher
19    pensions, Social Security employer contributions, and
20    Illinois Municipal Retirement Fund employer contributions.
21        "English learner" or "EL" means a child included in
22    the definition of "English learners" under Section 14C-2
23    of this Code participating in a program of transitional
24    bilingual education or a transitional program of
25    instruction meeting the requirements and program
26    application procedures of Article 14C of this Code. For

 

 

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1    the purposes of collecting the number of EL students
2    enrolled, the same collection and calculation methodology
3    as defined above for "ASE" shall apply to English
4    learners, with the exception that EL student enrollment
5    shall include students in grades pre-kindergarten through
6    12.
7        "Essential Elements" means those elements, resources,
8    and educational programs that have been identified through
9    academic research as necessary to improve student success,
10    improve academic performance, close achievement gaps, and
11    provide for other per student costs related to the
12    delivery and leadership of the Organizational Unit, as
13    well as the maintenance and operations of the unit, and
14    which are specified in paragraph (2) of subsection (b) of
15    this Section.
16        "Evidence-Based Funding" means State funding provided
17    to an Organizational Unit pursuant to this Section.
18        "Extended day" means academic and enrichment programs
19    provided to students outside the regular school day before
20    and after school or during non-instructional times during
21    the school day.
22        "Extension Limitation Ratio" means a numerical ratio
23    in which the numerator is the Base Tax Year's Extension
24    and the denominator is the Preceding Tax Year's Extension.
25        "Final Percent of Adequacy" is defined in paragraph
26    (4) of subsection (f) of this Section.

 

 

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

 

 

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

 

 

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1    in a fiscal year, the higher of the average number of
2    students for the prior school year or the immediately
3    preceding 3 school years who, as of July 1 of the
4    immediately preceding fiscal year (as determined by the
5    Department of Human Services), are eligible for at least
6    one of the following low-income programs: Medicaid, the
7    Children's Health Insurance Program, Temporary Assistance
8    for Needy Families (TANF), or the Supplemental Nutrition
9    Assistance Program, excluding pupils who are eligible for
10    services provided by the Department of Children and Family
11    Services. Until such time that grade level low-income
12    populations become available, grade level low-income
13    populations shall be determined by applying the low-income
14    percentage to total student enrollments by grade level.
15    The low-income percentage is determined by dividing the
16    Low-Income Count by the Average Student Enrollment. The
17    low-income percentage for programs operated by a regional
18    office of education or an intermediate service center must
19    be set to the weighted average of the low-income
20    percentages of all of the school districts in the service
21    region. The weighted low-income percentage is the result
22    of multiplying the low-income percentage of each school
23    district served by the regional office of education or
24    intermediate service center by each school district's
25    Average Student Enrollment, summarizing those products and
26    dividing the total by the total Average Student Enrollment

 

 

HB1722- 17 -LRB102 11178 CMG 16510 b

1    for the service region.
2        "Maintenance and operations" means custodial services,
3    facility and ground maintenance, facility operations,
4    facility security, routine facility repairs, and other
5    similar services and functions.
6        "Minimum Funding Level" is defined in paragraph (9) of
7    subsection (g) of this Section.
8        "New Property Tax Relief Pool Funds" means, for any
9    given fiscal year, all State funds appropriated under
10    Section 2-3.170 of this the School Code.
11        "New State Funds" means, for a given school year, all
12    State funds appropriated for Evidence-Based Funding in
13    excess of the amount needed to fund the Base Funding
14    Minimum for all Organizational Units in that school year.
15        "Net State Contribution Target" means, for a given
16    school year, the amount of State funds that would be
17    necessary to fully meet the Adequacy Target of an
18    Operational Unit minus the Preliminary Resources available
19    to each unit.
20        "Nurse" means an individual licensed as a certified
21    school nurse, in accordance with the rules established for
22    nursing services by the State Board, who is an employee of
23    and is available to provide health care-related services
24    for students of an Organizational Unit.
25        "Operating Tax Rate" means the rate utilized in the
26    previous year to extend property taxes for all purposes,

 

 

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1    except Bond and Interest, Summer School, Rent, Capital
2    Improvement, and Vocational Education Building purposes.
3    For Hybrid Districts, the Operating Tax Rate shall be the
4    combined elementary and high school rates utilized in the
5    previous year to extend property taxes for all purposes,
6    except Bond and Interest, Summer School, Rent, Capital
7    Improvement, and Vocational Education Building purposes.
8        "Organizational Unit" means a Laboratory School or any
9    public school district that is recognized as such by the
10    State Board and that contains elementary schools typically
11    serving kindergarten through 5th grades, middle schools
12    typically serving 6th through 8th grades, high schools
13    typically serving 9th through 12th grades, a program
14    established under Section 2-3.66 or 2-3.41, or a program
15    operated by a regional office of education or an
16    intermediate service center under Article 13A or 13B. The
17    General Assembly acknowledges that the actual grade levels
18    served by a particular Organizational Unit may vary
19    slightly from what is typical.
20        "Organizational Unit CWI" is determined by calculating
21    the CWI in the region and original county in which an
22    Organizational Unit's primary administrative office is
23    located as set forth in this paragraph, provided that if
24    the Organizational Unit CWI as calculated in accordance
25    with this paragraph is less than 0.9, the Organizational
26    Unit CWI shall be increased to 0.9. Each county's current

 

 

HB1722- 19 -LRB102 11178 CMG 16510 b

1    CWI value shall be adjusted based on the CWI value of that
2    county's neighboring Illinois counties, to create a
3    "weighted adjusted index value". This shall be calculated
4    by summing the CWI values of all of a county's adjacent
5    Illinois counties and dividing by the number of adjacent
6    Illinois counties, then taking the weighted value of the
7    original county's CWI value and the adjacent Illinois
8    county average. To calculate this weighted value, if the
9    number of adjacent Illinois counties is greater than 2,
10    the original county's CWI value will be weighted at 0.25
11    and the adjacent Illinois county average will be weighted
12    at 0.75. If the number of adjacent Illinois counties is 2,
13    the original county's CWI value will be weighted at 0.33
14    and the adjacent Illinois county average will be weighted
15    at 0.66. The greater of the county's current CWI value and
16    its weighted adjusted index value shall be used as the
17    Organizational Unit CWI.
18        "Preceding Tax Year" means the property tax levy year
19    immediately preceding the Base Tax Year.
20        "Preceding Tax Year's Extension" means the product of
21    the equalized assessed valuation utilized by the county
22    clerk in the Preceding Tax Year multiplied by the
23    Operating Tax Rate.
24        "Preliminary Percent of Adequacy" is defined in
25    paragraph (2) of subsection (f) of this Section.
26        "Preliminary Resources" is defined in paragraph (2) of

 

 

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1    subsection (f) of this Section.
2        "Principal" means a school administrator duly endorsed
3    to be employed as a principal in this State.
4        "Professional development" means training programs for
5    licensed staff in schools, including, but not limited to,
6    programs that assist in implementing new curriculum
7    programs, provide data focused or academic assessment data
8    training to help staff identify a student's weaknesses and
9    strengths, target interventions, improve instruction,
10    encompass instructional strategies for English learner,
11    gifted, or at-risk students, address inclusivity, cultural
12    sensitivity, or implicit bias, or otherwise provide
13    professional support for licensed staff.
14        "Prototypical" means 450 special education
15    pre-kindergarten and kindergarten through grade 5 students
16    for an elementary school, 450 grade 6 through 8 students
17    for a middle school, and 600 grade 9 through 12 students
18    for a high school.
19        "PTELL" means the Property Tax Extension Limitation
20    Law.
21        "PTELL EAV" is defined in paragraph (4) of subsection
22    (d) of this Section.
23        "Pupil support staff" means a nurse, psychologist,
24    social worker, family liaison personnel, or other staff
25    member who provides support to at-risk or struggling
26    students.

 

 

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1        "Real Receipts" is defined in paragraph (1) of
2    subsection (d) of this Section.
3        "Regionalization Factor" means, for a particular
4    Organizational Unit, the figure derived by dividing the
5    Organizational Unit CWI by the Statewide Weighted CWI.
6        "Resident school district" means the public school
7    district in which a student resides.
8        "School site staff" means the primary school secretary
9    and any additional clerical personnel assigned to a
10    school.
11        "Special education" means special educational
12    facilities and services, as defined in Section 14-1.08 of
13    this Code.
14        "Special Education Allocation" means the amount of an
15    Organizational Unit's final Adequacy Target attributable
16    to special education divided by the Organizational Unit's
17    final Adequacy Target, the product of which shall be
18    multiplied by the amount of new funding received pursuant
19    to this Section. An Organizational Unit's final Adequacy
20    Target attributable to special education shall include all
21    special education investment adequacy elements.
22        "Specialist teacher" means a teacher who provides
23    instruction in subject areas not included in core
24    subjects, including, but not limited to, art, music,
25    physical education, health, driver education,
26    career-technical education, and such other subject areas

 

 

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1    as may be mandated by State law or provided by an
2    Organizational Unit.
3        "Specially Funded Unit" means an Alternative School,
4    safe school, Department of Juvenile Justice school,
5    special education cooperative or entity recognized by the
6    State Board as a special education cooperative,
7    State-approved charter school, or alternative learning
8    opportunities program that received direct funding from
9    the State Board during the 2016-2017 school year through
10    any of the funding sources included within the calculation
11    of the Base Funding Minimum or Glenwood Academy.
12        "Supplemental Grant Funding" means supplemental
13    general State aid funding received by an Organizational
14    Unit during the 2016-2017 school year pursuant to
15    subsection (H) of Section 18-8.05 of this Code (now
16    repealed).
17        "State Adequacy Level" is the sum of the Adequacy
18    Targets of all Organizational Units.
19        "State Board" means the State Board of Education.
20        "State Superintendent" means the State Superintendent
21    of Education.
22        "Statewide Weighted CWI" means a figure determined by
23    multiplying each Organizational Unit CWI times the ASE for
24    that Organizational Unit creating a weighted value,
25    summing all Organizational Units' weighted values, and
26    dividing by the total ASE of all Organizational Units,

 

 

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1    thereby creating an average weighted index.
2        "Student activities" means non-credit producing
3    after-school programs, including, but not limited to,
4    clubs, bands, sports, and other activities authorized by
5    the school board of the Organizational Unit.
6        "Substitute teacher" means an individual teacher or
7    teaching assistant who is employed by an Organizational
8    Unit and is temporarily serving the Organizational Unit on
9    a per diem or per period-assignment basis to replace
10    another staff member.
11        "Summer school" means academic and enrichment programs
12    provided to students during the summer months outside of
13    the regular school year.
14        "Supervisory aide" means a non-licensed staff member
15    who helps in supervising students of an Organizational
16    Unit, but does so outside of the classroom, in situations
17    such as, but not limited to, monitoring hallways and
18    playgrounds, supervising lunchrooms, or supervising
19    students when being transported in buses serving the
20    Organizational Unit.
21        "Target Ratio" is defined in paragraph (4) of
22    subsection (g).
23        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
24    in paragraph (3) of subsection (g).
25        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
26    Funding", "Tier 3 Aggregate Funding", and "Tier 4

 

 

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1    Aggregate Funding" are defined in paragraph (1) of
2    subsection (g).
3    (b) Adequacy Target calculation.
4        (1) Each Organizational Unit's Adequacy Target is the
5    sum of the Organizational Unit's cost of providing
6    Essential Elements, as calculated in accordance with this
7    subsection (b), with the salary amounts in the Essential
8    Elements multiplied by a Regionalization Factor calculated
9    pursuant to paragraph (3) of this subsection (b).
10        (2) The Essential Elements are attributable on a pro
11    rata basis related to defined subgroups of the ASE of each
12    Organizational Unit as specified in this paragraph (2),
13    with investments and FTE positions pro rata funded based
14    on ASE counts in excess of or less than the thresholds set
15    forth in this paragraph (2). The method for calculating
16    attributable pro rata costs and the defined subgroups
17    thereto are as follows:
18            (A) Core class size investments. Each
19        Organizational Unit shall receive the funding required
20        to support that number of FTE core teacher positions
21        as is needed to keep the respective class sizes of the
22        Organizational Unit to the following maximum numbers:
23                (i) For grades kindergarten through 3, the
24            Organizational Unit shall receive funding required
25            to support one FTE core teacher position for every
26            15 Low-Income Count students in those grades and

 

 

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1            one FTE core teacher position for every 20
2            non-Low-Income Count students in those grades.
3                (ii) For grades 4 through 12, the
4            Organizational Unit shall receive funding required
5            to support one FTE core teacher position for every
6            20 Low-Income Count students in those grades and
7            one FTE core teacher position for every 25
8            non-Low-Income Count students in those grades.
9            The number of non-Low-Income Count students in a
10        grade shall be determined by subtracting the
11        Low-Income students in that grade from the ASE of the
12        Organizational Unit for that grade.
13            (B) Specialist teacher investments. Each
14        Organizational Unit shall receive the funding needed
15        to cover that number of FTE specialist teacher
16        positions that correspond to the following
17        percentages:
18                (i) if the Organizational Unit operates an
19            elementary or middle school, then 20.00% of the
20            number of the Organizational Unit's core teachers,
21            as determined under subparagraph (A) of this
22            paragraph (2); and
23                (ii) if such Organizational Unit operates a
24            high school, then 33.33% of the number of the
25            Organizational Unit's core teachers.
26            (C) Instructional facilitator investments. Each

 

 

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

 

 

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

 

 

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

 

 

HB1722- 29 -LRB102 11178 CMG 16510 b

1        the combined ASE of pre-kindergarten children with
2        disabilities and all kindergarten through grade 12
3        students for trainers and other professional
4        development-related expenses for supplies and
5        materials.
6            (O) Instructional material investments. Each
7        Organizational Unit shall receive $190 per student of
8        the combined ASE of pre-kindergarten children with
9        disabilities and all kindergarten through grade 12
10        students to cover instructional material costs.
11            (P) Assessment investments. Each Organizational
12        Unit shall receive $25 per student of the combined ASE
13        of pre-kindergarten children with disabilities and all
14        kindergarten through grade 12 students to cover
15        assessment costs.
16            (Q) Computer technology and equipment investments.
17        Each Organizational Unit shall receive $285.50 per
18        student of the combined ASE of pre-kindergarten
19        children with disabilities and all kindergarten
20        through grade 12 students to cover computer technology
21        and equipment costs. For the 2018-2019 school year and
22        subsequent school years, Organizational Units assigned
23        to Tier 1 and Tier 2 in the prior school year shall
24        receive an additional $285.50 per student of the
25        combined ASE of pre-kindergarten children with
26        disabilities and all kindergarten through grade 12

 

 

HB1722- 30 -LRB102 11178 CMG 16510 b

1        students to cover computer technology and equipment
2        costs in the Organizational Unit's Adequacy Target.
3        The State Board may establish additional requirements
4        for Organizational Unit expenditures of funds received
5        pursuant to this subparagraph (Q), including a
6        requirement that funds received pursuant to this
7        subparagraph (Q) may be used only for serving the
8        technology needs of the district. It is the intent of
9        Public Act 100-465 that all Tier 1 and Tier 2 districts
10        receive the addition to their Adequacy Target in the
11        following year, subject to compliance with the
12        requirements of the State Board.
13            (R) Student activities investments. Each
14        Organizational Unit shall receive the following
15        funding amounts to cover student activities: $100 per
16        kindergarten through grade 5 ASE student in elementary
17        school, plus $200 per ASE student in middle school,
18        plus $675 per ASE student in high school.
19            (S) Maintenance and operations investments. Each
20        Organizational Unit shall receive $1,038 per student
21        of the combined ASE of pre-kindergarten children with
22        disabilities and all kindergarten through grade 12
23        students for day-to-day maintenance and operations
24        expenditures, including salary, supplies, and
25        materials, as well as purchased services, but
26        excluding employee benefits. The proportion of salary

 

 

HB1722- 31 -LRB102 11178 CMG 16510 b

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

 

 

HB1722- 32 -LRB102 11178 CMG 16510 b

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

 

 

HB1722- 33 -LRB102 11178 CMG 16510 b

1                (iii) one FTE extended day teacher position
2            for every 120 Low-Income Count students; and
3                (iv) one FTE summer school teacher position
4            for every 120 Low-Income Count students.
5            (W) Additional investments in English learner
6        students. In addition to and not in lieu of all other
7        funding under this paragraph (2), each Organizational
8        Unit shall receive funding based on the average
9        teacher salary for grades K through 12 to cover the
10        costs of:
11                (i) one FTE intervention teacher (tutor)
12            position for every 125 English learner students;
13                (ii) one FTE pupil support staff position for
14            every 125 English learner students;
15                (iii) one FTE extended day teacher position
16            for every 120 English learner students;
17                (iv) one FTE summer school teacher position
18            for every 120 English learner students; and
19                (v) one FTE core teacher position for every
20            100 English learner students.
21            (X) Special education investments. Each
22        Organizational Unit shall receive funding based on the
23        average teacher salary for grades K through 12 to
24        cover special education as follows:
25                (i) one FTE teacher position for every 141
26            combined ASE of pre-kindergarten children with

 

 

HB1722- 34 -LRB102 11178 CMG 16510 b

1            disabilities and all kindergarten through grade 12
2            students;
3                (ii) one FTE instructional assistant for every
4            141 combined ASE of pre-kindergarten children with
5            disabilities and all kindergarten through grade 12
6            students; and
7                (iii) one FTE psychologist position for every
8            1,000 combined ASE of pre-kindergarten children
9            with disabilities and all kindergarten through
10            grade 12 students.
11        (3) For calculating the salaries included within the
12    Essential Elements, the State Superintendent shall
13    annually calculate average salaries to the nearest dollar
14    using the employment information system data maintained by
15    the State Board, limited to public schools only and
16    excluding special education and vocational cooperatives,
17    schools operated by the Department of Juvenile Justice,
18    and charter schools, for the following positions:
19            (A) Teacher for grades K through 8.
20            (B) Teacher for grades 9 through 12.
21            (C) Teacher for grades K through 12.
22            (D) Guidance counselor for grades K through 8.
23            (E) Guidance counselor for grades 9 through 12.
24            (F) Guidance counselor for grades K through 12.
25            (G) Social worker.
26            (H) Psychologist.

 

 

HB1722- 35 -LRB102 11178 CMG 16510 b

1            (I) Librarian.
2            (J) Nurse.
3            (K) Principal.
4            (L) Assistant principal.
5        For the purposes of this paragraph (3), "teacher"
6    includes core teachers, specialist and elective teachers,
7    instructional facilitators, tutors, special education
8    teachers, pupil support staff teachers, English learner
9    teachers, extended day teachers, and summer school
10    teachers. Where specific grade data is not required for
11    the Essential Elements, the average salary for
12    corresponding positions shall apply. For substitute
13    teachers, the average teacher salary for grades K through
14    12 shall apply.
15        For calculating the salaries included within the
16    Essential Elements for positions not included within EIS
17    Data, the following salaries shall be used in the first
18    year of implementation of Evidence-Based Funding:
19            (i) school site staff, $30,000; and
20            (ii) non-instructional assistant, instructional
21        assistant, library aide, library media tech, or
22        supervisory aide: $25,000.
23        In the second and subsequent years of implementation
24    of Evidence-Based Funding, the amounts in items (i) and
25    (ii) of this paragraph (3) shall annually increase by the
26    ECI.

 

 

HB1722- 36 -LRB102 11178 CMG 16510 b

1        The salary amounts for the Essential Elements
2    determined pursuant to subparagraphs (A) through (L), (S)
3    and (T), and (V) through (X) of paragraph (2) of
4    subsection (b) of this Section shall be multiplied by a
5    Regionalization Factor.
6    (c) Local Capacity calculation.
7        (1) Each Organizational Unit's Local Capacity
8    represents an amount of funding it is assumed to
9    contribute toward its Adequacy Target for purposes of the
10    Evidence-Based Funding formula calculation. "Local
11    Capacity" means either (i) the Organizational Unit's Local
12    Capacity Target as calculated in accordance with paragraph
13    (2) of this subsection (c) if its Real Receipts are equal
14    to or less than its Local Capacity Target or (ii) the
15    Organizational Unit's Adjusted Local Capacity, as
16    calculated in accordance with paragraph (3) of this
17    subsection (c) if Real Receipts are more than its Local
18    Capacity Target.
19        (2) "Local Capacity Target" means, for an
20    Organizational Unit, that dollar amount that is obtained
21    by multiplying its Adequacy Target by its Local Capacity
22    Ratio.
23            (A) An Organizational Unit's Local Capacity
24        Percentage is the conversion of the Organizational
25        Unit's Local Capacity Ratio, as such ratio is
26        determined in accordance with subparagraph (B) of this

 

 

HB1722- 37 -LRB102 11178 CMG 16510 b

1        paragraph (2), into a cumulative distribution
2        resulting in a percentile ranking to determine each
3        Organizational Unit's relative position to all other
4        Organizational Units in this State. The calculation of
5        Local Capacity Percentage is described in subparagraph
6        (C) of this paragraph (2).
7            (B) An Organizational Unit's Local Capacity Ratio
8        in a given year is the percentage obtained by dividing
9        its Adjusted EAV or PTELL EAV, whichever is less, by
10        its Adequacy Target, with the resulting ratio further
11        adjusted as follows:
12                (i) for Organizational Units serving grades
13            kindergarten through 12 and Hybrid Districts, no
14            further adjustments shall be made;
15                (ii) for Organizational Units serving grades
16            kindergarten through 8, the ratio shall be
17            multiplied by 9/13;
18                (iii) for Organizational Units serving grades
19            9 through 12, the Local Capacity Ratio shall be
20            multiplied by 4/13; and
21                (iv) for an Organizational Unit with a
22            different grade configuration than those specified
23            in items (i) through (iii) of this subparagraph
24            (B), the State Superintendent shall determine a
25            comparable adjustment based on the grades served.
26            (C) The Local Capacity Percentage is equal to the

 

 

HB1722- 38 -LRB102 11178 CMG 16510 b

1        percentile ranking of the district. Local Capacity
2        Percentage converts each Organizational Unit's Local
3        Capacity Ratio to a cumulative distribution resulting
4        in a percentile ranking to determine each
5        Organizational Unit's relative position to all other
6        Organizational Units in this State. The Local Capacity
7        Percentage cumulative distribution resulting in a
8        percentile ranking for each Organizational Unit shall
9        be calculated using the standard normal distribution
10        of the score in relation to the weighted mean and
11        weighted standard deviation and Local Capacity Ratios
12        of all Organizational Units. If the value assigned to
13        any Organizational Unit is in excess of 90%, the value
14        shall be adjusted to 90%. For Laboratory Schools, the
15        Local Capacity Percentage shall be set at 10% in
16        recognition of the absence of EAV and resources from
17        the public university that are allocated to the
18        Laboratory School. For programs operated by a regional
19        office of education or an intermediate service center,
20        the Local Capacity Percentage must be set at 10% in
21        recognition of the absence of EAV and resources from
22        school districts that are allocated to the regional
23        office of education or intermediate service center.
24        The weighted mean for the Local Capacity Percentage
25        shall be determined by multiplying each Organizational
26        Unit's Local Capacity Ratio times the ASE for the unit

 

 

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1        creating a weighted value, summing the weighted values
2        of all Organizational Units, and dividing by the total
3        ASE of all Organizational Units. The weighted standard
4        deviation shall be determined by taking the square
5        root of the weighted variance of all Organizational
6        Units' Local Capacity Ratio, where the variance is
7        calculated by squaring the difference between each
8        unit's Local Capacity Ratio and the weighted mean,
9        then multiplying the variance for each unit times the
10        ASE for the unit to create a weighted variance for each
11        unit, then summing all units' weighted variance and
12        dividing by the total ASE of all units.
13            (D) For any Organizational Unit, the
14        Organizational Unit's Adjusted Local Capacity Target
15        shall be reduced by either (i) the school board's
16        remaining contribution pursuant to paragraph (ii) of
17        subsection (b-4) of Section 16-158 of the Illinois
18        Pension Code in a given year or (ii) the board of
19        education's remaining contribution pursuant to
20        paragraph (iv) of subsection (b) of Section 17-129 of
21        the Illinois Pension Code absent the employer normal
22        cost portion of the required contribution and amount
23        allowed pursuant to subdivision (3) of Section
24        17-142.1 of the Illinois Pension Code in a given year.
25        In the preceding sentence, item (i) shall be certified
26        to the State Board of Education by the Teachers'

 

 

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1        Retirement System of the State of Illinois and item
2        (ii) shall be certified to the State Board of
3        Education by the Public School Teachers' Pension and
4        Retirement Fund of the City of Chicago.
5        (3) If an Organizational Unit's Real Receipts are more
6    than its Local Capacity Target, then its Local Capacity
7    shall equal an Adjusted Local Capacity Target as
8    calculated in accordance with this paragraph (3). The
9    Adjusted Local Capacity Target is calculated as the sum of
10    the Organizational Unit's Local Capacity Target and its
11    Real Receipts Adjustment. The Real Receipts Adjustment
12    equals the Organizational Unit's Real Receipts less its
13    Local Capacity Target, with the resulting figure
14    multiplied by the Local Capacity Percentage.
15        As used in this paragraph (3), "Real Percent of
16    Adequacy" means the sum of an Organizational Unit's Real
17    Receipts, CPPRT, and Base Funding Minimum, with the
18    resulting figure divided by the Organizational Unit's
19    Adequacy Target.
20    (d) Calculation of Real Receipts, EAV, and Adjusted EAV
21for purposes of the Local Capacity calculation.
22        (1) An Organizational Unit's Real Receipts are the
23    product of its Applicable Tax Rate and its Adjusted EAV.
24    An Organizational Unit's Applicable Tax Rate is its
25    Adjusted Operating Tax Rate for property within the
26    Organizational Unit.

 

 

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

 

 

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

 

 

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1        15-176 or 15-177 of the Property Tax Code and the
2        amount that would have been allowed had the general
3        homestead exemption for that parcel of property been
4        determined under Section 15-175 of the Property Tax
5        Code. It is further the intent of this subparagraph
6        (A) that if additional exemptions are allowed under
7        Section 15-175 of the Property Tax Code for owners
8        with a household income of less than $30,000, then the
9        calculation of EAV shall not be affected by the
10        difference, if any, because of those additional
11        exemptions.
12            (B) With respect to any part of an Organizational
13        Unit within a redevelopment project area in respect to
14        which a municipality has adopted tax increment
15        allocation financing pursuant to the Tax Increment
16        Allocation Redevelopment Act, Division 74.4 of Article
17        11 of the Illinois Municipal Code, or the Industrial
18        Jobs Recovery Law, Division 74.6 of Article 11 of the
19        Illinois Municipal Code, no part of the current EAV of
20        real property located in any such project area that is
21        attributable to an increase above the total initial
22        EAV of such property shall be used as part of the EAV
23        of the Organizational Unit, until such time as all
24        redevelopment project costs have been paid, as
25        provided in Section 11-74.4-8 of the Tax Increment
26        Allocation Redevelopment Act or in Section 11-74.6-35

 

 

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1        of the Industrial Jobs Recovery Law. For the purpose
2        of the EAV of the Organizational Unit, the total
3        initial EAV or the current EAV, whichever is lower,
4        shall be used until such time as all redevelopment
5        project costs have been paid.
6            (B-5) The real property equalized assessed
7        valuation for a school district shall be adjusted by
8        subtracting from the real property value, as equalized
9        or assessed by the Department of Revenue, for the
10        district an amount computed by dividing the amount of
11        any abatement of taxes under Section 18-170 of the
12        Property Tax Code by 3.00% for a district maintaining
13        grades kindergarten through 12, by 2.30% for a
14        district maintaining grades kindergarten through 8, or
15        by 1.05% for a district maintaining grades 9 through
16        12 and adjusted by an amount computed by dividing the
17        amount of any abatement of taxes under subsection (a)
18        of Section 18-165 of the Property Tax Code by the same
19        percentage rates for district type as specified in
20        this subparagraph (B-5).
21            (C) For Organizational Units that are Hybrid
22        Districts, the State Superintendent shall use the
23        lesser of the adjusted equalized assessed valuation
24        for property within the partial elementary unit
25        district for elementary purposes, as defined in
26        Article 11E of this Code, or the adjusted equalized

 

 

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1        assessed valuation for property within the partial
2        elementary unit district for high school purposes, as
3        defined in Article 11E of this Code.
4        (4) An Organizational Unit's Adjusted EAV shall be the
5    average of its EAV over the immediately preceding 3 years
6    or its EAV in the immediately preceding year if the EAV in
7    the immediately preceding year has declined by 10% or more
8    compared to the 3-year average. In the event of
9    Organizational Unit reorganization, consolidation, or
10    annexation, the Organizational Unit's Adjusted EAV for the
11    first 3 years after such change shall be as follows: the
12    most current EAV shall be used in the first year, the
13    average of a 2-year EAV or its EAV in the immediately
14    preceding year if the EAV declines by 10% or more compared
15    to the 2-year average for the second year, and a 3-year
16    average EAV or its EAV in the immediately preceding year
17    if the Adjusted EAV declines by 10% or more compared to the
18    3-year average for the third year. For any school district
19    whose EAV in the immediately preceding year is used in
20    calculations, in the following year, the Adjusted EAV
21    shall be the average of its EAV over the immediately
22    preceding 2 years or the immediately preceding year if
23    that year represents a decline of 10% or more compared to
24    the 2-year average.
25        "PTELL EAV" means a figure calculated by the State
26    Board for Organizational Units subject to PTELL as

 

 

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1    described in this paragraph (4) for the purposes of
2    calculating an Organizational Unit's Local Capacity Ratio.
3    Except as otherwise provided in this paragraph (4), the
4    PTELL EAV of an Organizational Unit shall be equal to the
5    product of the equalized assessed valuation last used in
6    the calculation of general State aid under Section 18-8.05
7    of this Code (now repealed) or Evidence-Based Funding
8    under this Section and the Organizational Unit's Extension
9    Limitation Ratio. If an Organizational Unit has approved
10    or does approve an increase in its limiting rate, pursuant
11    to Section 18-190 of the Property Tax Code, affecting the
12    Base Tax Year, the PTELL EAV shall be equal to the product
13    of the equalized assessed valuation last used in the
14    calculation of general State aid under Section 18-8.05 of
15    this Code (now repealed) or Evidence-Based Funding under
16    this Section multiplied by an amount equal to one plus the
17    percentage increase, if any, in the Consumer Price Index
18    for All Urban Consumers for all items published by the
19    United States Department of Labor for the 12-month
20    calendar year preceding the Base Tax Year, plus the
21    equalized assessed valuation of new property, annexed
22    property, and recovered tax increment value and minus the
23    equalized assessed valuation of disconnected property.
24        As used in this paragraph (4), "new property" and
25    "recovered tax increment value" shall have the meanings
26    set forth in the Property Tax Extension Limitation Law.

 

 

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1    (e) Base Funding Minimum calculation.
2        (1) For the 2017-2018 school year, the Base Funding
3    Minimum of an Organizational Unit or a Specially Funded
4    Unit shall be the amount of State funds distributed to the
5    Organizational Unit or Specially Funded Unit during the
6    2016-2017 school year prior to any adjustments and
7    specified appropriation amounts described in this
8    paragraph (1) from the following Sections, as calculated
9    by the State Superintendent: Section 18-8.05 of this Code
10    (now repealed); Section 5 of Article 224 of Public Act
11    99-524 (equity grants); Section 14-7.02b of this Code
12    (funding for children requiring special education
13    services); Section 14-13.01 of this Code (special
14    education facilities and staffing), except for
15    reimbursement of the cost of transportation pursuant to
16    Section 14-13.01; Section 14C-12 of this Code (English
17    learners); and Section 18-4.3 of this Code (summer
18    school), based on an appropriation level of $13,121,600.
19    For a school district organized under Article 34 of this
20    Code, the Base Funding Minimum also includes (i) the funds
21    allocated to the school district pursuant to Section 1D-1
22    of this Code attributable to funding programs authorized
23    by the Sections of this Code listed in the preceding
24    sentence and (ii) the difference between (I) the funds
25    allocated to the school district pursuant to Section 1D-1
26    of this Code attributable to the funding programs

 

 

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1    authorized by Section 14-7.02 (non-public special
2    education reimbursement), subsection (b) of Section
3    14-13.01 (special education transportation), Section 29-5
4    (transportation), Section 2-3.80 (agricultural
5    education), Section 2-3.66 (truants' alternative
6    education), Section 2-3.62 (educational service centers),
7    and Section 14-7.03 (special education - orphanage) of
8    this Code and Section 15 of the Childhood Hunger Relief
9    Act (free breakfast program) and (II) the school
10    district's actual expenditures for its non-public special
11    education, special education transportation,
12    transportation programs, agricultural education, truants'
13    alternative education, services that would otherwise be
14    performed by a regional office of education, special
15    education orphanage expenditures, and free breakfast, as
16    most recently calculated and reported pursuant to
17    subsection (f) of Section 1D-1 of this Code. The Base
18    Funding Minimum for Glenwood Academy shall be $625,500.
19    For programs operated by a regional office of education or
20    an intermediate service center, the Base Funding Minimum
21    must be the total amount of State funds allocated to those
22    programs in the 2018-2019 school year and amounts provided
23    pursuant to Article 34 of Public Act 100-586 and Section
24    3-16 of this Code. All programs established after June 5,
25    2019 (the effective date of Public Act 101-10) and
26    administered by a regional office of education or an

 

 

HB1722- 49 -LRB102 11178 CMG 16510 b

1    intermediate service center must have an initial Base
2    Funding Minimum set to an amount equal to the first-year
3    ASE multiplied by the amount of per pupil funding received
4    in the previous school year by the lowest funded similar
5    existing program type. If the enrollment for a program
6    operated by a regional office of education or an
7    intermediate service center is zero, then it may not
8    receive Base Funding Minimum funds for that program in the
9    next fiscal year, and those funds must be distributed to
10    Organizational Units under subsection (g).
11        (2) For the 2018-2019 and subsequent school years, the
12    Base Funding Minimum of Organizational Units and Specially
13    Funded Units shall be the sum of (i) the amount of
14    Evidence-Based Funding for the prior school year, (ii) the
15    Base Funding Minimum for the prior school year, and (iii)
16    any amount received by a school district pursuant to
17    Section 7 of Article 97 of Public Act 100-21.
18        (3) Subject to approval by the General Assembly as
19    provided in this paragraph (3), an Organizational Unit
20    that meets all of the following criteria, as determined by
21    the State Board, shall have District Intervention Money
22    added to its Base Funding Minimum at the time the Base
23    Funding Minimum is calculated by the State Board:
24            (A) The Organizational Unit is operating under an
25        Independent Authority under Section 2-3.25f-5 of this
26        Code for a minimum of 4 school years or is subject to

 

 

HB1722- 50 -LRB102 11178 CMG 16510 b

1        the control of the State Board pursuant to a court
2        order for a minimum of 4 school years.
3            (B) The Organizational Unit was designated as a
4        Tier 1 or Tier 2 Organizational Unit in the previous
5        school year under paragraph (3) of subsection (g) of
6        this Section.
7            (C) The Organizational Unit demonstrates
8        sustainability through a 5-year financial and
9        strategic plan.
10            (D) The Organizational Unit has made sufficient
11        progress and achieved sufficient stability in the
12        areas of governance, academic growth, and finances.
13        As part of its determination under this paragraph (3),
14    the State Board may consider the Organizational Unit's
15    summative designation, any accreditations of the
16    Organizational Unit, or the Organizational Unit's
17    financial profile, as calculated by the State Board.
18        If the State Board determines that an Organizational
19    Unit has met the criteria set forth in this paragraph (3),
20    it must submit a report to the General Assembly, no later
21    than January 2 of the fiscal year in which the State Board
22    makes it determination, on the amount of District
23    Intervention Money to add to the Organizational Unit's
24    Base Funding Minimum. The General Assembly must review the
25    State Board's report and may approve or disapprove, by
26    joint resolution, the addition of District Intervention

 

 

HB1722- 51 -LRB102 11178 CMG 16510 b

1    Money. If the General Assembly fails to act on the report
2    within 40 calendar days from the receipt of the report,
3    the addition of District Intervention Money is deemed
4    approved. If the General Assembly approves the amount of
5    District Intervention Money to be added to the
6    Organizational Unit's Base Funding Minimum, the District
7    Intervention Money must be added to the Base Funding
8    Minimum annually thereafter.
9        For the first 4 years following the initial year that
10    the State Board determines that an Organizational Unit has
11    met the criteria set forth in this paragraph (3) and has
12    received funding under this Section, the Organizational
13    Unit must annually submit to the State Board, on or before
14    November 30, a progress report regarding its financial and
15    strategic plan under subparagraph (C) of this paragraph
16    (3). The plan shall include the financial data from the
17    past 4 annual financial reports or financial audits that
18    must be presented to the State Board by November 15 of each
19    year and the approved budget financial data for the
20    current year. The plan shall be developed according to the
21    guidelines presented to the Organizational Unit by the
22    State Board. The plan shall further include financial
23    projections for the next 3 fiscal years and include a
24    discussion and financial summary of the Organizational
25    Unit's facility needs. If the Organizational Unit does not
26    demonstrate sufficient progress toward its 5-year plan or

 

 

HB1722- 52 -LRB102 11178 CMG 16510 b

1    if it has failed to file an annual financial report, an
2    annual budget, a financial plan, a deficit reduction plan,
3    or other financial information as required by law, the
4    State Board may establish a Financial Oversight Panel
5    under Article 1H of this Code. However, if the
6    Organizational Unit already has a Financial Oversight
7    Panel, the State Board may extend the duration of the
8    Panel.
9    (f) Percent of Adequacy and Final Resources calculation.
10        (1) The Evidence-Based Funding formula establishes a
11    Percent of Adequacy for each Organizational Unit in order
12    to place such units into tiers for the purposes of the
13    funding distribution system described in subsection (g) of
14    this Section. Initially, an Organizational Unit's
15    Preliminary Resources and Preliminary Percent of Adequacy
16    are calculated pursuant to paragraph (2) of this
17    subsection (f). Then, an Organizational Unit's Final
18    Resources and Final Percent of Adequacy are calculated to
19    account for the Organizational Unit's poverty
20    concentration levels pursuant to paragraphs (3) and (4) of
21    this subsection (f).
22        (2) An Organizational Unit's Preliminary Resources are
23    equal to the sum of its Local Capacity Target, CPPRT, and
24    Base Funding Minimum. An Organizational Unit's Preliminary
25    Percent of Adequacy is the lesser of (i) its Preliminary
26    Resources divided by its Adequacy Target or (ii) 100%.

 

 

HB1722- 53 -LRB102 11178 CMG 16510 b

1        (3) Except for Specially Funded Units, an
2    Organizational Unit's Final Resources are equal to the sum
3    of its Local Capacity, CPPRT, and Adjusted Base Funding
4    Minimum. The Base Funding Minimum of each Specially Funded
5    Unit shall serve as its Final Resources, except that the
6    Base Funding Minimum for State-approved charter schools
7    shall not include any portion of general State aid
8    allocated in the prior year based on the per capita
9    tuition charge times the charter school enrollment.
10        (4) An Organizational Unit's Final Percent of Adequacy
11    is its Final Resources divided by its Adequacy Target. An
12    Organizational Unit's Adjusted Base Funding Minimum is
13    equal to its Base Funding Minimum less its Supplemental
14    Grant Funding, with the resulting figure added to the
15    product of its Supplemental Grant Funding and Preliminary
16    Percent of Adequacy.
17    (g) Evidence-Based Funding formula distribution system.
18        (1) In each school year under the Evidence-Based
19    Funding formula, each Organizational Unit receives funding
20    equal to the sum of its Base Funding Minimum and the unit's
21    allocation of New State Funds determined pursuant to this
22    subsection (g). To allocate New State Funds, the
23    Evidence-Based Funding formula distribution system first
24    places all Organizational Units into one of 4 tiers in
25    accordance with paragraph (3) of this subsection (g),
26    based on the Organizational Unit's Final Percent of

 

 

HB1722- 54 -LRB102 11178 CMG 16510 b

1    Adequacy. New State Funds are allocated to each of the 4
2    tiers as follows: Tier 1 Aggregate Funding equals 50% of
3    all New State Funds, Tier 2 Aggregate Funding equals 49%
4    of all New State Funds, Tier 3 Aggregate Funding equals
5    0.9% of all New State Funds, and Tier 4 Aggregate Funding
6    equals 0.1% of all New State Funds. Each Organizational
7    Unit within Tier 1 or Tier 2 receives an allocation of New
8    State Funds equal to its tier Funding Gap, as defined in
9    the following sentence, multiplied by the tier's
10    Allocation Rate determined pursuant to paragraph (4) of
11    this subsection (g). For Tier 1, an Organizational Unit's
12    Funding Gap equals the tier's Target Ratio, as specified
13    in paragraph (5) of this subsection (g), multiplied by the
14    Organizational Unit's Adequacy Target, with the resulting
15    amount reduced by the Organizational Unit's Final
16    Resources. For Tier 2, an Organizational Unit's Funding
17    Gap equals the tier's Target Ratio, as described in
18    paragraph (5) of this subsection (g), multiplied by the
19    Organizational Unit's Adequacy Target, with the resulting
20    amount reduced by the Organizational Unit's Final
21    Resources and its Tier 1 funding allocation. To determine
22    the Organizational Unit's Funding Gap, the resulting
23    amount is then multiplied by a factor equal to one minus
24    the Organizational Unit's Local Capacity Target
25    percentage. Each Organizational Unit within Tier 3 or Tier
26    4 receives an allocation of New State Funds equal to the

 

 

HB1722- 55 -LRB102 11178 CMG 16510 b

1    product of its Adequacy Target and the tier's Allocation
2    Rate, as specified in paragraph (4) of this subsection
3    (g).
4        (2) To ensure equitable distribution of dollars for
5    all Tier 2 Organizational Units, no Tier 2 Organizational
6    Unit shall receive fewer dollars per ASE than any Tier 3
7    Organizational Unit. Each Tier 2 and Tier 3 Organizational
8    Unit shall have its funding allocation divided by its ASE.
9    Any Tier 2 Organizational Unit with a funding allocation
10    per ASE below the greatest Tier 3 allocation per ASE shall
11    get a funding allocation equal to the greatest Tier 3
12    funding allocation per ASE multiplied by the
13    Organizational Unit's ASE. Each Tier 2 Organizational
14    Unit's Tier 2 funding allocation shall be multiplied by
15    the percentage calculated by dividing the original Tier 2
16    Aggregate Funding by the sum of all Tier 2 Organizational
17    Units' Tier 2 funding allocation after adjusting
18    districts' funding below Tier 3 levels.
19        (3) Organizational Units are placed into one of 4
20    tiers as follows:
21            (A) Tier 1 consists of all Organizational Units,
22        except for Specially Funded Units, with a Percent of
23        Adequacy less than the Tier 1 Target Ratio. The Tier 1
24        Target Ratio is the ratio level that allows for Tier 1
25        Aggregate Funding to be distributed, with the Tier 1
26        Allocation Rate determined pursuant to paragraph (4)

 

 

HB1722- 56 -LRB102 11178 CMG 16510 b

1        of this subsection (g).
2            (B) Tier 2 consists of all Tier 1 Units and all
3        other Organizational Units, except for Specially
4        Funded Units, with a Percent of Adequacy of less than
5        0.90.
6            (C) Tier 3 consists of all Organizational Units,
7        except for Specially Funded Units, with a Percent of
8        Adequacy of at least 0.90 and less than 1.0.
9            (D) Tier 4 consists of all Organizational Units
10        with a Percent of Adequacy of at least 1.0.
11        (4) The Allocation Rates for Tiers 1 through 4 are
12    determined as follows:
13            (A) The Tier 1 Allocation Rate is 30%.
14            (B) The Tier 2 Allocation Rate is the result of the
15        following equation: Tier 2 Aggregate Funding, divided
16        by the sum of the Funding Gaps for all Tier 2
17        Organizational Units, unless the result of such
18        equation is higher than 1.0. If the result of such
19        equation is higher than 1.0, then the Tier 2
20        Allocation Rate is 1.0.
21            (C) The Tier 3 Allocation Rate is the result of the
22        following equation: Tier 3 Aggregate Funding, divided
23        by the sum of the Adequacy Targets of all Tier 3
24        Organizational Units.
25            (D) The Tier 4 Allocation Rate is the result of the
26        following equation: Tier 4 Aggregate Funding, divided

 

 

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1        by the sum of the Adequacy Targets of all Tier 4
2        Organizational Units.
3        (5) A tier's Target Ratio is determined as follows:
4            (A) The Tier 1 Target Ratio is the ratio level that
5        allows for Tier 1 Aggregate Funding to be distributed
6        with the Tier 1 Allocation Rate.
7            (B) The Tier 2 Target Ratio is 0.90.
8            (C) The Tier 3 Target Ratio is 1.0.
9        (6) If, at any point, the Tier 1 Target Ratio is
10    greater than 90%, then than all Tier 1 funding shall be
11    allocated to Tier 2 and no Tier 1 Organizational Unit's
12    funding may be identified.
13        (7) In the event that all Tier 2 Organizational Units
14    receive funding at the Tier 2 Target Ratio level, any
15    remaining New State Funds shall be allocated to Tier 3 and
16    Tier 4 Organizational Units.
17        (8) If any Specially Funded Units, excluding Glenwood
18    Academy, recognized by the State Board do not qualify for
19    direct funding following the implementation of Public Act
20    100-465 from any of the funding sources included within
21    the definition of Base Funding Minimum, the unqualified
22    portion of the Base Funding Minimum shall be transferred
23    to one or more appropriate Organizational Units as
24    determined by the State Superintendent based on the prior
25    year ASE of the Organizational Units.
26        (8.5) If a school district withdraws from a special

 

 

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1    education cooperative, the portion of the Base Funding
2    Minimum that is attributable to the school district may be
3    redistributed to the school district upon withdrawal. The
4    school district and the cooperative must include the
5    amount of the Base Funding Minimum that is to be
6    reapportioned in their withdrawal agreement and notify the
7    State Board of the change with a copy of the agreement upon
8    withdrawal.
9        (9) The Minimum Funding Level is intended to establish
10    a target for State funding that will keep pace with
11    inflation and continue to advance equity through the
12    Evidence-Based Funding formula. The target for State
13    funding of New Property Tax Relief Pool Funds is
14    $50,000,000 for State fiscal year 2019 and subsequent
15    State fiscal years. The Minimum Funding Level is equal to
16    $350,000,000. In addition to any New State Funds, no more
17    than $50,000,000 New Property Tax Relief Pool Funds may be
18    counted toward the Minimum Funding Level. If the sum of
19    New State Funds and applicable New Property Tax Relief
20    Pool Funds are less than the Minimum Funding Level, than
21    funding for tiers shall be reduced in the following
22    manner:
23            (A) First, Tier 4 funding shall be reduced by an
24        amount equal to the difference between the Minimum
25        Funding Level and New State Funds until such time as
26        Tier 4 funding is exhausted.

 

 

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1            (B) Next, Tier 3 funding shall be reduced by an
2        amount equal to the difference between the Minimum
3        Funding Level and New State Funds and the reduction in
4        Tier 4 funding until such time as Tier 3 funding is
5        exhausted.
6            (C) Next, Tier 2 funding shall be reduced by an
7        amount equal to the difference between the Minimum
8        Funding Level and New State Funds and the reduction in
9        Tier 4 and Tier 3.
10            (D) Finally, Tier 1 funding shall be reduced by an
11        amount equal to the difference between the Minimum
12        Funding level and New State Funds and the reduction in
13        Tier 2, 3, and 4 funding. In addition, the Allocation
14        Rate for Tier 1 shall be reduced to a percentage equal
15        to the Tier 1 Allocation Rate set by paragraph (4) of
16        this subsection (g), multiplied by the result of New
17        State Funds divided by the Minimum Funding Level.
18        (9.5) For State fiscal year 2019 and subsequent State
19    fiscal years, if New State Funds exceed $300,000,000, then
20    any amount in excess of $300,000,000 shall be dedicated
21    for purposes of Section 2-3.170 of this Code up to a
22    maximum of $50,000,000.
23        (10) In the event of a decrease in the amount of the
24    appropriation for this Section in any fiscal year after
25    implementation of this Section, the Organizational Units
26    receiving Tier 1 and Tier 2 funding, as determined under

 

 

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1    paragraph (3) of this subsection (g), shall be held
2    harmless by establishing a Base Funding Guarantee equal to
3    the per pupil kindergarten through grade 12 funding
4    received in accordance with this Section in the prior
5    fiscal year. Reductions shall be made to the Base Funding
6    Minimum of Organizational Units in Tier 3 and Tier 4 on a
7    per pupil basis equivalent to the total number of the ASE
8    in Tier 3-funded and Tier 4-funded Organizational Units
9    divided by the total reduction in State funding. The Base
10    Funding Minimum as reduced shall continue to be applied to
11    Tier 3 and Tier 4 Organizational Units and adjusted by the
12    relative formula when increases in appropriations for this
13    Section resume. In no event may State funding reductions
14    to Organizational Units in Tier 3 or Tier 4 exceed an
15    amount that would be less than the Base Funding Minimum
16    established in the first year of implementation of this
17    Section. If additional reductions are required, all school
18    districts shall receive a reduction by a per pupil amount
19    equal to the aggregate additional appropriation reduction
20    divided by the total ASE of all Organizational Units.
21        (11) The State Superintendent shall make minor
22    adjustments to the distribution formula set forth in this
23    subsection (g) to account for the rounding of percentages
24    to the nearest tenth of a percentage and dollar amounts to
25    the nearest whole dollar.
26        (12) Beginning with the 2021-2022 school year, the

 

 

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1    State Board shall, if a student enrolls in a nonpublic
2    school after being enrolled in a resident school district,
3    distribute to the nonpublic school all funds calculated
4    under this Section, on a per pupil basis, that otherwise
5    would have been provided to the resident school district
6    if the student were still enrolled in the resident school
7    district. If a student enrolls in a nonpublic school
8    during the middle of a school year, the State Board shall
9    prorate the amount the nonpublic school receives under
10    this paragraph (12) based on the length of time the
11    student is enrolled in the nonpublic school for the
12    remainder of the school year.
13    (h) State Superintendent administration of funding and
14district submission requirements.
15        (1) The State Superintendent shall, in accordance with
16    appropriations made by the General Assembly, meet the
17    funding obligations created under this Section.
18        (2) The State Superintendent shall calculate the
19    Adequacy Target for each Organizational Unit and Net State
20    Contribution Target for each Organizational Unit under
21    this Section. No Evidence-Based Funding shall be
22    distributed within an Organizational Unit without the
23    approval of the unit's school board.
24        (3) Annually, the State Superintendent shall calculate
25    and report to each Organizational Unit the unit's
26    aggregate financial adequacy amount, which shall be the

 

 

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1    sum of the Adequacy Target for each Organizational Unit.
2    The State Superintendent shall calculate and report
3    separately for each Organizational Unit the unit's total
4    State funds allocated for its students with disabilities.
5    The State Superintendent shall calculate and report
6    separately for each Organizational Unit the amount of
7    funding and applicable FTE calculated for each Essential
8    Element of the unit's Adequacy Target.
9        (4) Annually, the State Superintendent shall calculate
10    and report to each Organizational Unit the amount the unit
11    must expend on special education and bilingual education
12    and computer technology and equipment for Organizational
13    Units assigned to Tier 1 or Tier 2 that received an
14    additional $285.50 per student computer technology and
15    equipment investment grant to their Adequacy Target
16    pursuant to the unit's Base Funding Minimum, Special
17    Education Allocation, Bilingual Education Allocation, and
18    computer technology and equipment investment allocation.
19        (5) Moneys distributed under this Section shall be
20    calculated on a school year basis, but paid on a fiscal
21    year basis, with payments beginning in August and
22    extending through June. Unless otherwise provided, the
23    moneys appropriated for each fiscal year shall be
24    distributed in 22 equal payments at least 2 times monthly
25    to each Organizational Unit. If moneys appropriated for
26    any fiscal year are distributed other than monthly, the

 

 

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1    distribution shall be on the same basis for each
2    Organizational Unit.
3        (6) Any school district that fails, for any given
4    school year, to maintain school as required by law or to
5    maintain a recognized school is not eligible to receive
6    Evidence-Based Funding. In case of non-recognition of one
7    or more attendance centers in a school district otherwise
8    operating recognized schools, the claim of the district
9    shall be reduced in the proportion that the enrollment in
10    the attendance center or centers bears to the enrollment
11    of the school district. "Recognized school" means any
12    public school that meets the standards for recognition by
13    the State Board. A school district or attendance center
14    not having recognition status at the end of a school term
15    is entitled to receive State aid payments due upon a legal
16    claim that was filed while it was recognized.
17        (7) School district claims filed under this Section
18    are subject to Sections 18-9 and 18-12 of this Code,
19    except as otherwise provided in this Section.
20        (8) Each fiscal year, the State Superintendent shall
21    calculate for each Organizational Unit an amount of its
22    Base Funding Minimum and Evidence-Based Funding that shall
23    be deemed attributable to the provision of special
24    educational facilities and services, as defined in Section
25    14-1.08 of this Code, in a manner that ensures compliance
26    with maintenance of State financial support requirements

 

 

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1    under the federal Individuals with Disabilities Education
2    Act. An Organizational Unit must use such funds only for
3    the provision of special educational facilities and
4    services, as defined in Section 14-1.08 of this Code, and
5    must comply with any expenditure verification procedures
6    adopted by the State Board.
7        (9) All Organizational Units in this State must submit
8    annual spending plans by the end of September of each year
9    to the State Board as part of the annual budget process,
10    which shall describe how each Organizational Unit will
11    utilize the Base Funding Minimum and Evidence-Based
12    Funding it receives from this State under this Section
13    with specific identification of the intended utilization
14    of Low-Income, English learner, and special education
15    resources. Additionally, the annual spending plans of each
16    Organizational Unit shall describe how the Organizational
17    Unit expects to achieve student growth and how the
18    Organizational Unit will achieve State education goals, as
19    defined by the State Board. The State Superintendent may,
20    from time to time, identify additional requisites for
21    Organizational Units to satisfy when compiling the annual
22    spending plans required under this subsection (h). The
23    format and scope of annual spending plans shall be
24    developed by the State Superintendent and the State Board
25    of Education. School districts that serve students under
26    Article 14C of this Code shall continue to submit

 

 

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1    information as required under Section 14C-12 of this Code.
2        (10) No later than January 1, 2018, the State
3    Superintendent shall develop a 5-year strategic plan for
4    all Organizational Units to help in planning for adequacy
5    funding under this Section. The State Superintendent shall
6    submit the plan to the Governor and the General Assembly,
7    as provided in Section 3.1 of the General Assembly
8    Organization Act. The plan shall include recommendations
9    for:
10            (A) a framework for collaborative, professional,
11        innovative, and 21st century learning environments
12        using the Evidence-Based Funding model;
13            (B) ways to prepare and support this State's
14        educators for successful instructional careers;
15            (C) application and enhancement of the current
16        financial accountability measures, the approved State
17        plan to comply with the federal Every Student Succeeds
18        Act, and the Illinois Balanced Accountability Measures
19        in relation to student growth and elements of the
20        Evidence-Based Funding model; and
21            (D) implementation of an effective school adequacy
22        funding system based on projected and recommended
23        funding levels from the General Assembly.
24        (11) On an annual basis, the State Superintendent must
25    recalibrate all of the following per pupil elements of the
26    Adequacy Target and applied to the formulas, based on the

 

 

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1    study of average expenses and as reported in the most
2    recent annual financial report:
3            (A) Gifted under subparagraph (M) of paragraph (2)
4        of subsection (b).
5            (B) Instructional materials under subparagraph (O)
6        of paragraph (2) of subsection (b).
7            (C) Assessment under subparagraph (P) of paragraph
8        (2) of subsection (b).
9            (D) Student activities under subparagraph (R) of
10        paragraph (2) of subsection (b).
11            (E) Maintenance and operations under subparagraph
12        (S) of paragraph (2) of subsection (b).
13            (F) Central office under subparagraph (T) of
14        paragraph (2) of subsection (b).
15    (i) Professional Review Panel.
16        (1) A Professional Review Panel is created to study
17    and review topics related to the implementation and effect
18    of Evidence-Based Funding, as assigned by a joint
19    resolution or Public Act of the General Assembly or a
20    motion passed by the State Board of Education. The Panel
21    must provide recommendations to and serve the Governor,
22    the General Assembly, and the State Board. The State
23    Superintendent or his or her designee must serve as a
24    voting member and chairperson of the Panel. The State
25    Superintendent must appoint a vice chairperson from the
26    membership of the Panel. The Panel must advance

 

 

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1    recommendations based on a three-fifths majority vote of
2    Panel members present and voting. A minority opinion may
3    also accompany any recommendation of the Panel. The Panel
4    shall be appointed by the State Superintendent, except as
5    otherwise provided in paragraph (2) of this subsection (i)
6    and include the following members:
7            (A) Two appointees that represent district
8        superintendents, recommended by a statewide
9        organization that represents district superintendents.
10            (B) Two appointees that represent school boards,
11        recommended by a statewide organization that
12        represents school boards.
13            (C) Two appointees from districts that represent
14        school business officials, recommended by a statewide
15        organization that represents school business
16        officials.
17            (D) Two appointees that represent school
18        principals, recommended by a statewide organization
19        that represents school principals.
20            (E) Two appointees that represent teachers,
21        recommended by a statewide organization that
22        represents teachers.
23            (F) Two appointees that represent teachers,
24        recommended by another statewide organization that
25        represents teachers.
26            (G) Two appointees that represent regional

 

 

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

 

 

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1        (2) In addition to those Panel members appointed by
2    the State Superintendent, 4 members of the General
3    Assembly shall be appointed as follows: one member of the
4    House of Representatives appointed by the Speaker of the
5    House of Representatives, one member of the Senate
6    appointed by the President of the Senate, one member of
7    the House of Representatives appointed by the Minority
8    Leader of the House of Representatives, and one member of
9    the Senate appointed by the Minority Leader of the Senate.
10    There shall be one additional member appointed by the
11    Governor. All members appointed by legislative leaders or
12    the Governor shall be non-voting, ex officio members.
13        (3) The Panel must study topics at the direction of
14    the General Assembly or State Board of Education, as
15    provided under paragraph (1). The Panel may also study the
16    following topics at the direction of the chairperson:
17            (A) The format and scope of annual spending plans
18        referenced in paragraph (9) of subsection (h) of this
19        Section.
20            (B) The Comparable Wage Index under this Section.
21            (C) Maintenance and operations, including capital
22        maintenance and construction costs.
23            (D) "At-risk student" definition.
24            (E) Benefits.
25            (F) Technology.
26            (G) Local Capacity Target.

 

 

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1            (H) Funding for Alternative Schools, Laboratory
2        Schools, safe schools, and alternative learning
3        opportunities programs.
4            (I) Funding for college and career acceleration
5        strategies.
6            (J) Special education investments.
7            (K) Early childhood investments, in collaboration
8        with the Illinois Early Learning Council.
9        (4) (Blank).
10        (5) Within 5 years after the implementation of this
11    Section, and every 5 years thereafter, the Panel shall
12    complete an evaluative study of the entire Evidence-Based
13    Funding model, including an assessment of whether or not
14    the formula is achieving State goals. The Panel shall
15    report to the State Board, the General Assembly, and the
16    Governor on the findings of the study.
17        (6) (Blank).
18    (j) References. Beginning July 1, 2017, references in
19other laws to general State aid funds or calculations under
20Section 18-8.05 of this Code (now repealed) shall be deemed to
21be references to evidence-based model formula funds or
22calculations under this Section.
23(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;
24100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff.
256-14-19; 101-643, eff. 6-18-20; revised 8-21-20.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.