Full Text of SB3412 98th General Assembly
SB3412enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 2-3.51, 2-3.51.5, 10-20.9a, 10-29, 13A-11, 13B-25.25, 14C-2, | 6 | | 14C-3, 18-8.05, 21B-75, 27A-4, 27A-6, and 34-8.14 and by adding | 7 | | Section 2-3.64a-5 as follows:
| 8 | | (105 ILCS 5/2-3.51) (from Ch. 122, par. 2-3.51)
| 9 | | Sec. 2-3.51. Reading Improvement Block Grant Program. To | 10 | | improve the
reading
and study skills of children from | 11 | | kindergarten through sixth grade in
school districts. The State | 12 | | Board of Education is authorized to administer a
Reading | 13 | | Improvement
Block Grant Program. As used in this Section:
| 14 | | "School district" includes those
schools designated as | 15 | | "laboratory schools".
| 16 | | "Scientifically based reading research"
means the
| 17 | | application of rigorous, systematic, and objective procedures | 18 | | to obtain valid
knowledge relevant to reading development, | 19 | | reading instruction, and reading
difficulties. The term | 20 | | includes research that employs systematic, empirical
methods | 21 | | that draw on observation or experiment, involves rigorous data
| 22 | | analysis that is adequate to test the stated hypotheses and to | 23 | | justify the
general conclusions drawn, relies on measurements |
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| 1 | | or observational methods that
provide valid data across | 2 | | evaluators and observers and across multiple
measurements and | 3 | | observations, and has been accepted by peer-reviewed
journal or | 4 | | approved by a panel of independent experts through a comparably
| 5 | | rigorous, objective and scientific review.
| 6 | | (a) Funds for the Reading Improvement Block Grant
Program | 7 | | shall
be distributed to school districts on the following | 8 | | basis: 70% of
monies shall be awarded on the prior year's best | 9 | | 3 months average daily
attendance and 30% shall be distributed | 10 | | on the number of
economically disadvantaged (E.C.I.A. Chapter | 11 | | I) pupils in the district,
provided that the State Board may | 12 | | distribute an amount not to exceed 2% of
the monies | 13 | | appropriated for the Reading Improvement Block Grant Program | 14 | | for the
purpose of
providing teacher training and re-training | 15 | | in the teaching of reading.
Program funds shall be distributed | 16 | | to school districts
in 2
semi-annual installments, one payment | 17 | | on or before October 30, and one payment
prior to April 30, of | 18 | | each year.
The State Board shall promulgate rules and | 19 | | regulations necessary for the
implementation of this program.
| 20 | | Programs provided with grant funds shall not replace quality
| 21 | | classroom
reading instruction, but shall instead supplement | 22 | | such instruction.
| 23 | | (a-5) Reading Improvement Block Grant Program funds shall | 24 | | be used by
school districts
in
the following manner:
| 25 | | (1) to hire reading specialists, reading teachers, and | 26 | | reading aides in
order
to provide early reading |
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| 1 | | intervention in kindergarten through grade 2 and
programs | 2 | | of continued reading support for students in grades 3 | 3 | | through
6;
| 4 | | (2) in kindergarten through grade 2, to establish
| 5 | | short-term
tutorial early reading intervention programs | 6 | | for children who are at risk of
failing
to learn to read; | 7 | | these programs shall (i) focus on scientifically based
| 8 | | research and best practices with proven
long-term results, | 9 | | (ii) identify students in need of help no later than the
| 10 | | middle of
first grade, (iii) provide ongoing training for | 11 | | teachers in the program,
(iv) focus instruction on | 12 | | strengthening a student's
phonemic awareness, phonics, | 13 | | fluency, and comprehension skills, (v) provide a
means to | 14 | | document
and evaluate student growth, and (vi) provide | 15 | | properly trained staff;
| 16 | | (3) to continue direct reading instruction for grades 3 | 17 | | through 6;
| 18 | | (4) in grades 3 through 6, to establish programs of
| 19 | | support for students who demonstrate a need for continued | 20 | | assistance in
learning to read and in maintaining reading | 21 | | achievement; these programs shall
(i) focus on | 22 | | scientifically based research and best practices with | 23 | | proven
long-term results, (ii) provide ongoing
training | 24 | | for teachers and other staff members in the program, (iii) | 25 | | focus
instruction on strengthening a student's phonics, | 26 | | fluency, and comprehension
skills in grades 3 through 6,
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| 1 | | (iv) provide a means to evaluate and document student | 2 | | growth, and
(v) provide properly trained staff;
| 3 | | (5) in grades K through 6, to provide classroom
reading | 4 | | materials for students; each district may allocate up to | 5 | | 25% of the
funds for this purpose;
and
| 6 | | (6) to provide a long-term professional
development
| 7 | | program for classroom
teachers, administrators, and other | 8 | | appropriate staff; the program shall
(i) focus on | 9 | | scientifically based research and best practices with | 10 | | proven
long-term results, (ii) provide a means to evaluate | 11 | | student progress in
reading as a result of the training, | 12 | | (iii) and be provided by approved staff
development | 13 | | providers.
| 14 | | (a-10) Reading Improvement Block Grant Program funds shall | 15 | | be made
available to each eligible school district submitting | 16 | | an approved application
developed by the State Board beginning | 17 | | with the 1998-99 school year.
Applications shall include a | 18 | | proposed assessment method or methods for
measuring
the reading | 19 | | growth of
students
who receive direct instruction as a result | 20 | | of the funding and the impact of
staff development activities | 21 | | on student growth in reading. Such methods may include the | 22 | | reading portion
of the assessments required under Section | 23 | | 2-3.64a-5 of this Code Illinois Standards Achievement Testing
| 24 | | Program . At the end of each school year
the district shall | 25 | | report performance of progress results to
the State Board. | 26 | | Districts not
demonstrating performance progress using an |
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| 1 | | approved assessment method shall
not
be eligible for funding in | 2 | | the third or subsequent years until such
progress is | 3 | | established.
| 4 | | (a-15) The State Superintendent of Education, in | 5 | | cooperation with the
school districts participating in the | 6 | | program, shall annually report to the
leadership of the General | 7 | | Assembly on the results of the Reading Improvement
Block Grant | 8 | | Program and the progress being made on improving the reading | 9 | | skills
of students in kindergarten through the sixth grade.
| 10 | | (b) (Blank).
| 11 | | (c) (Blank).
| 12 | | (d) Grants under the Reading Improvement Program shall be | 13 | | awarded
provided there is an appropriation for the program, and | 14 | | funding levels for
each district shall be prorated according to | 15 | | the amount of the appropriation.
| 16 | | (e) (Blank).
| 17 | | (f) (Blank).
| 18 | | (Source: P.A. 92-25, eff. 7-1-01 .)
| 19 | | (105 ILCS 5/2-3.51.5) | 20 | | Sec. 2-3.51.5. School Safety and Educational Improvement | 21 | | Block Grant
Program. To improve the level of education and | 22 | | safety of students from
kindergarten through grade 12 in school | 23 | | districts and State-recognized, non-public schools. The State | 24 | | Board of
Education is authorized to fund a School Safety and | 25 | | Educational Improvement
Block Grant Program. |
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| 1 | | (1) For school districts, the program shall provide funding | 2 | | for school safety, textbooks and
software, electronic | 3 | | textbooks and the technological equipment necessary to gain | 4 | | access to and use electronic textbooks, teacher training and | 5 | | curriculum development, school improvements, remediation | 6 | | programs under subsection (a) of Section 2-3.64, school
report | 7 | | cards under Section 10-17a, and criminal history records checks
| 8 | | under Sections 10-21.9 and 34-18.5. For State-recognized, | 9 | | non-public schools, the program shall provide funding for | 10 | | secular textbooks and software, criminal history records | 11 | | checks, and health and safety mandates to the extent that the | 12 | | funds are expended for purely secular purposes. A school | 13 | | district
or laboratory school as defined in Section 18-8 or | 14 | | 18-8.05 is not required
to file an application in order to | 15 | | receive the categorical funding to which it
is entitled under | 16 | | this Section. Funds for the School Safety and Educational
| 17 | | Improvement Block Grant Program shall be distributed to school | 18 | | districts and
laboratory schools based on the prior year's best | 19 | | 3 months average daily
attendance. Funds for the School Safety | 20 | | and Educational Improvement Block Grant Program shall be | 21 | | distributed to State-recognized, non-public schools based on | 22 | | the average daily attendance figure for the previous school | 23 | | year provided to the State Board of Education. The State Board | 24 | | of Education shall develop an application that requires | 25 | | State-recognized, non-public schools to submit average daily | 26 | | attendance figures. A State-recognized, non-public school must |
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| 1 | | submit the application and average daily attendance figure | 2 | | prior to receiving funds under this Section. The State Board of | 3 | | Education shall promulgate rules and
regulations necessary for | 4 | | the implementation of this program. | 5 | | (2) Distribution of moneys to school districts and | 6 | | State-recognized, non-public schools shall be made in 2
| 7 | | semi-annual installments, one payment on or before October 30, | 8 | | and one
payment prior to April 30, of each fiscal year. | 9 | | (3) Grants under the School Safety and Educational | 10 | | Improvement Block Grant
Program shall be awarded provided there | 11 | | is an appropriation for the program,
and funding levels for | 12 | | each district shall be prorated according to the amount
of the | 13 | | appropriation. | 14 | | (4) The provisions of this Section are in the public | 15 | | interest, are for the public benefit, and serve secular public | 16 | | purposes. | 17 | | (Source: P.A. 95-707, eff. 1-11-08; 96-1403, eff. 7-29-10.) | 18 | | (105 ILCS 5/2-3.64a-5 new) | 19 | | Sec. 2-3.64a-5. State goals and assessment. | 20 | | (a) For the assessment and accountability purposes of this | 21 | | Section, "students" includes those students enrolled in a | 22 | | public or State-operated elementary school, secondary school, | 23 | | or cooperative or joint agreement with a governing body or | 24 | | board of control, a charter school operating in compliance with | 25 | | the Charter Schools Law, a school operated by a regional office |
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| 1 | | of education under Section 13A-3 of this Code, or a public | 2 | | school administered by a local public agency or the Department | 3 | | of Human Services. | 4 | | (b) The State Board of Education shall establish the | 5 | | academic standards that are to be applicable to students who | 6 | | are subject to State assessments under this Section. The State | 7 | | Board of Education shall not establish any such standards in | 8 | | final form without first providing opportunities for public | 9 | | participation and local input in the development of the final | 10 | | academic standards. Those opportunities shall include a | 11 | | well-publicized period of public comment and opportunities to | 12 | | file written comments. | 13 | | (c) Beginning no later than the 2014-2015 school year, the | 14 | | State Board of Education shall annually assess all students | 15 | | enrolled in grades 3 through 8 in English language arts and | 16 | | mathematics. | 17 | | Beginning no later than the 2017-2018 school year, the | 18 | | State Board of Education shall annually assess all students in | 19 | | science at one grade in grades 3 through 5, at one grade in | 20 | | grades 6 through 8, and at one grade in grades 9 through 12. | 21 | | The State Board of Education shall annually assess schools | 22 | | that operate a secondary education program, as defined in | 23 | | Section 22-22 of this Code, in English language arts and | 24 | | mathematics. The State Board of Education shall administer no | 25 | | more than 3 assessments, per student, of English language arts | 26 | | and mathematics for students in a secondary education program. |
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| 1 | | One of these assessments shall include a college and career | 2 | | ready determination. | 3 | | Students who are not assessed for college and career ready | 4 | | determinations may not receive a regular high school diploma | 5 | | unless the student is exempted from taking State assessments | 6 | | under subsection (d) of this Section because (i) the student's | 7 | | individualized educational program developed under Article 14 | 8 | | of this Code identifies the State assessment as inappropriate | 9 | | for the student, (ii) the student is enrolled in a program of | 10 | | adult and continuing education, as defined in the Adult | 11 | | Education Act, (iii) the school district is not required to | 12 | | assess the individual student for purposes of accountability | 13 | | under federal No Child Left Behind Act of 2001 requirements, | 14 | | (iv) the student has been determined to be an English language | 15 | | learner, referred to in this Code as a student with limited | 16 | | English proficiency, and has been enrolled in schools in the | 17 | | United States for less than 12 months, or (v) the student is | 18 | | otherwise identified by the State Board of Education, through | 19 | | rules, as being exempt from the assessment. | 20 | | The State Board of Education shall not assess students | 21 | | under this Section in subjects not required by this Section. | 22 | | Districts shall inform their students of the timelines and | 23 | | procedures applicable to their participation in every yearly | 24 | | administration of the State assessments.
The State Board of | 25 | | Education shall establish periods of time in each school year | 26 | | during which State assessments shall occur to meet the |
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| 1 | | objectives of this Section. | 2 | | (d) Every individualized educational program as described | 3 | | in Article 14 shall identify if the State assessment or | 4 | | components thereof are appropriate for the student. The State | 5 | | Board of Education shall develop rules governing the | 6 | | administration of an alternate assessment that may be available | 7 | | to students for whom participation in this State's regular | 8 | | assessments is not appropriate, even with accommodations as | 9 | | allowed under this Section. | 10 | | Students receiving special education services whose | 11 | | individualized educational programs identify them as eligible | 12 | | for the alternative State assessments nevertheless shall have | 13 | | the option of taking this State's regular assessment that | 14 | | includes a college and career ready determination, which shall | 15 | | be administered in accordance with the eligible accommodations | 16 | | appropriate for meeting these students' respective needs. | 17 | | All students determined to be an English language learner, | 18 | | referred to in this Code as a student with limited English | 19 | | proficiency, shall participate in the State assessments, | 20 | | excepting those students who have been enrolled in schools in | 21 | | the United States for less than 12 months. Such students may be | 22 | | exempted from participation in one annual administration of the | 23 | | English language arts assessment. Any student determined to be | 24 | | an English language learner, referred to in this Code as a | 25 | | student with limited English proficiency, shall receive | 26 | | appropriate assessment accommodations, including language |
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| 1 | | supports, which shall be established by rule. Approved | 2 | | assessment accommodations must be provided until the student's | 3 | | English language skills develop to the extent that the student | 4 | | is no longer considered to be an English language learner, | 5 | | referred to in this Code as a student with limited English | 6 | | proficiency, as demonstrated through a State-identified | 7 | | English language proficiency assessment. | 8 | | (e) The results or scores of each assessment taken under | 9 | | this Section shall be made available to the parents of each | 10 | | student. | 11 | | In each school year, the scores attained by a student on | 12 | | the State assessment that includes a college and career ready | 13 | | determination must be placed in the student's permanent record | 14 | | and must be entered on the student's transcript pursuant to | 15 | | rules that the State Board of Education shall adopt for that | 16 | | purpose in accordance with Section 3 of the Illinois School | 17 | | Student Records Act. In each school year, the scores attained | 18 | | by a student on the State assessments administered in grades 3 | 19 | | through 8 must be placed in the student's temporary record. | 20 | | (f) All schools shall administer an academic assessment of | 21 | | English language proficiency in oral language (listening and | 22 | | speaking) and reading and writing skills to all children | 23 | | determined to be English language learners, referred to in | 24 | | Section 14C-3 of this Code as children with limited | 25 | | English-speaking ability. | 26 | | (g) All schools in this State that are part of the sample |
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| 1 | | drawn by the National Center for Education Statistics, in | 2 | | collaboration with their school districts and the State Board | 3 | | of Education, shall administer the biennial academic | 4 | | assessments under the National Assessment of Educational | 5 | | Progress carried out under Section 411(b)(2) of the federal | 6 | | National Education Statistics Act of 1994 (20 U.S.C. 9010) if | 7 | | the U.S. Secretary of Education pays the costs of administering | 8 | | the assessments. | 9 | | (h) Subject to available funds to this State for the | 10 | | purpose of student assessment, the State Board of Education | 11 | | shall provide additional assessments and assessment resources | 12 | | that may be used by school districts for local assessment | 13 | | purposes. The State Board of Education shall annually | 14 | | distribute a listing of these additional resources. | 15 | | (i) For the purposes of this subsection (i), "academically | 16 | | based assessments" means assessments consisting of questions | 17 | | and answers that are measurable and quantifiable to measure the | 18 | | knowledge, skills, and ability of students in the subject | 19 | | matters covered by the assessments. All assessments | 20 | | administered pursuant to this Section must be academically | 21 | | based assessments. The scoring of academically based | 22 | | assessments shall be reliable, valid, and fair and shall meet | 23 | | the guidelines for assessment development and use prescribed by | 24 | | the American Psychological Association, the National Council | 25 | | on Measurement in Education, and the American Educational | 26 | | Research Association. |
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| 1 | | The State Board of Education shall review the use of all | 2 | | assessment item types in order to ensure that they are valid | 3 | | and reliable indicators of student performance aligned to the | 4 | | learning standards being assessed and that the development, | 5 | | administration, and scoring of these item types are justifiable | 6 | | in terms of cost. | 7 | | (j) The State Superintendent of Education shall appoint a | 8 | | committee of no more than 21 members, consisting of parents, | 9 | | teachers, school administrators, school board members, | 10 | | assessment experts, regional superintendents of schools, and | 11 | | citizens, to review the State assessments administered by the | 12 | | State Board of Education. The Committee shall select one of its | 13 | | members as its chairperson. The Committee shall meet on an | 14 | | ongoing basis to review the content and design of the | 15 | | assessments (including whether the requirements of subsection | 16 | | (i) of this Section have been met), the time and money expended | 17 | | at the local and State levels to prepare for and administer the | 18 | | assessments, the collective results of the assessments as | 19 | | measured against the stated purpose of assessing student | 20 | | performance, and other issues involving the assessments | 21 | | identified by the Committee. The Committee shall make periodic | 22 | | recommendations to the State Superintendent of Education and | 23 | | the General Assembly concerning the assessments. | 24 | | (k) The State Board of Education may adopt rules to | 25 | | implement this Section.
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| 1 | | (105 ILCS 5/10-20.9a) (from Ch. 122, par. 10-20.9a)
| 2 | | Sec. 10-20.9a. Final Grade; Promotion.
| 3 | | (a) Teachers shall
administer the approved
marking system | 4 | | or other approved means of evaluating pupil progress. The
| 5 | | teacher shall maintain the responsibility and right to | 6 | | determine grades and
other evaluations of students within the | 7 | | grading policies of the district
based upon his or her | 8 | | professional judgment of available criteria pertinent
to any | 9 | | given subject area or activity for which he or she is | 10 | | responsible.
District policy shall provide the procedure and | 11 | | reasons by and for which
a grade may be changed; provided that | 12 | | no grade or evaluation shall be
changed without notification to | 13 | | the teacher concerning the nature and
reasons for such change. | 14 | | If such a change is made, the person
making
the change shall | 15 | | assume such responsibility for determining the grade or
| 16 | | evaluation, and shall initial such change.
| 17 | | (b) School districts shall not promote students to the next
| 18 | | higher grade level based upon age or any other social reasons | 19 | | not related to
the academic performance of the students. On or | 20 | | before September 1, 1998,
school boards shall adopt and enforce | 21 | | a policy on promotion as they deem necessary to ensure that | 22 | | students
meet
local goals and objectives and can perform at the | 23 | | expected grade level prior to
promotion.
Decisions to promote | 24 | | or retain students in any classes shall be based on
successful | 25 | | completion of the curriculum, attendance, performance based on | 26 | | the assessments required under Section 2-3.64a-5 of this Code
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| 1 | | Illinois Goals and Assessment Program tests , the Iowa Test of | 2 | | Basic Skills, or
other testing or any other criteria | 3 | | established by the school board. Students
determined by the | 4 | | local district to not qualify for promotion to the next
higher | 5 | | grade shall be provided remedial assistance, which may include, | 6 | | but
shall not be limited to, a summer bridge program of no less | 7 | | than 90 hours,
tutorial sessions, increased or concentrated | 8 | | instructional time, modifications
to instructional materials, | 9 | | and retention in grade.
| 10 | | (Source: P.A. 89-610, eff. 8-6-96; 90-548, eff. 1-1-98.)
| 11 | | (105 ILCS 5/10-29) | 12 | | Sec. 10-29. Remote educational programs. | 13 | | (a) For purposes of this Section, "remote educational | 14 | | program" means an educational program delivered to students in | 15 | | the home or other location outside of a school building that | 16 | | meets all of the following criteria: | 17 | | (1) A student may participate in the program only after | 18 | | the school district, pursuant to adopted school board | 19 | | policy, and a person authorized to enroll the student under | 20 | | Section 10-20.12b of this Code determine that a remote | 21 | | educational program will best serve the student's | 22 | | individual learning needs. The adopted school board policy | 23 | | shall include, but not be limited to, all of the following: | 24 | | (A) Criteria for determining that a remote | 25 | | educational program will best serve a student's |
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| 1 | | individual learning needs. The criteria must include | 2 | | consideration of, at a minimum, a student's prior | 3 | | attendance, disciplinary record, and academic history. | 4 | | (B) Any limitations on the number of students or | 5 | | grade levels that may participate in a remote | 6 | | educational program. | 7 | | (C) A description of the process that the school | 8 | | district will use to approve participation in the | 9 | | remote educational program. The process must include | 10 | | without limitation a requirement that, for any student | 11 | | who qualifies to receive services pursuant to the | 12 | | federal Individuals with Disabilities Education | 13 | | Improvement Act of 2004, the student's participation | 14 | | in a remote educational program receive prior approval | 15 | | from the student's individualized education program | 16 | | team. | 17 | | (D) A description of the process the school | 18 | | district will use to develop and approve a written | 19 | | remote educational plan that meets the requirements of | 20 | | subdivision (5) of this subsection (a). | 21 | | (E) A description of the system the school district | 22 | | will establish to calculate the number of clock hours a | 23 | | student is participating in instruction in accordance | 24 | | with the remote educational program. | 25 | | (F) A description of the process for renewing a | 26 | | remote educational program at the expiration of its |
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| 1 | | term. | 2 | | (G) Such other terms and provisions as the school | 3 | | district deems necessary to provide for the | 4 | | establishment and delivery of a remote educational | 5 | | program. | 6 | | (2) The school district has determined that the remote | 7 | | educational program's curriculum is aligned to State | 8 | | learning standards and that the program offers instruction | 9 | | and educational experiences consistent with those given to | 10 | | students at the same grade level in the district. | 11 | | (3) The remote educational program is delivered by | 12 | | instructors that meet the following qualifications: | 13 | | (A) they are certificated under Article 21 of this | 14 | | Code; | 15 | | (B) they meet applicable highly qualified criteria | 16 | | under the federal No Child Left Behind Act of 2001; and | 17 | | (C) they have responsibility for all of the | 18 | | following elements of the program: planning | 19 | | instruction, diagnosing learning needs, prescribing | 20 | | content delivery through class activities, assessing | 21 | | learning, reporting outcomes to administrators and | 22 | | parents and guardians, and evaluating the effects of | 23 | | instruction. | 24 | | (4) During the period of time from and including the | 25 | | opening date to the
closing date of the regular school term | 26 | | of the school district established pursuant to Section |
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| 1 | | 10-19 of this Code, participation in a remote educational | 2 | | program may be claimed for general State aid purposes under | 3 | | Section 18-8.05 of this Code on any calendar day, | 4 | | notwithstanding whether the day is a day of pupil | 5 | | attendance or institute day on the school district's | 6 | | calendar or any other provision of law restricting | 7 | | instruction on that day. If the district holds year-round | 8 | | classes in some buildings, the district
shall classify each | 9 | | student's participation in a remote educational program as | 10 | | either on a year-round or a non-year-round schedule for | 11 | | purposes of claiming general State aid. Outside of the | 12 | | regular school term of the district, the remote educational | 13 | | program may be offered as part of any summer school program | 14 | | authorized by this Code. | 15 | | (5) Each student participating in a remote educational | 16 | | program must have a written remote educational plan that | 17 | | has been approved by the school district and a person | 18 | | authorized to enroll the student under Section 10-20.12b of | 19 | | this Code. The school district and a person authorized to | 20 | | enroll the student under Section 10-20.12b of this Code | 21 | | must approve any amendment to a remote educational plan. | 22 | | The remote educational plan must include, but is not | 23 | | limited to, all of the following: | 24 | | (A) Specific achievement goals for the student | 25 | | aligned to State learning standards. | 26 | | (B) A description of all assessments that will be |
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| 1 | | used to measure student progress, which description | 2 | | shall indicate the assessments that will be | 3 | | administered at an attendance center within the school | 4 | | district. | 5 | | (C) A description of the progress reports that will | 6 | | be provided to the school district and the person or | 7 | | persons authorized to enroll the student under Section | 8 | | 10-20.12b of this Code. | 9 | | (D) Expectations, processes, and schedules for | 10 | | interaction between a teacher and student. | 11 | | (E) A description of the specific responsibilities | 12 | | of the student's family and the school district with | 13 | | respect to equipment, materials, phone and Internet | 14 | | service, and any other requirements applicable to the | 15 | | home or other location outside of a school building | 16 | | necessary for the delivery of the remote educational | 17 | | program. | 18 | | (F) If applicable, a description of how the remote | 19 | | educational program will be delivered in a manner | 20 | | consistent with the student's individualized education | 21 | | program required by Section 614(d) of the federal | 22 | | Individuals with Disabilities Education Improvement | 23 | | Act of 2004 or plan to ensure compliance with Section | 24 | | 504 of the federal Rehabilitation Act of 1973. | 25 | | (G) A description of the procedures and | 26 | | opportunities for participation in academic and |
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| 1 | | extra-curricular activities and programs within the | 2 | | school district. | 3 | | (H) The identification of a parent, guardian, or | 4 | | other responsible adult who will provide direct | 5 | | supervision of the program. The plan must include an | 6 | | acknowledgment by the parent, guardian, or other | 7 | | responsible adult that he or she may engage only in | 8 | | non-teaching duties not requiring instructional | 9 | | judgment or the evaluation of a student. The plan shall | 10 | | designate the parent, guardian, or other responsible | 11 | | adult as non-teaching personnel or volunteer personnel | 12 | | under subsection (a) of Section 10-22.34 of this Code. | 13 | | (I) The identification of a school district | 14 | | administrator who will oversee the remote educational | 15 | | program on behalf of the school district and who may be | 16 | | contacted by the student's parents with respect to any | 17 | | issues or concerns with the program. | 18 | | (J) The term of the student's participation in the | 19 | | remote educational program, which may not extend for | 20 | | longer than 12 months, unless the term is renewed by | 21 | | the district in accordance with subdivision (7) of this | 22 | | subsection (a). | 23 | | (K) A description of the specific location or | 24 | | locations in which the program will be delivered. If | 25 | | the remote educational program is to be delivered to a | 26 | | student in any location other than the student's home, |
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| 1 | | the plan must include a written determination by the | 2 | | school district that the location will provide a | 3 | | learning environment appropriate for the delivery of | 4 | | the program. The location or locations in which the | 5 | | program will be delivered shall be deemed a long | 6 | | distance teaching reception area under subsection (a) | 7 | | of Section 10-22.34 of this Code. | 8 | | (L) Certification by the school district that the | 9 | | plan meets all other requirements of this Section. | 10 | | (6) Students participating in a remote educational | 11 | | program must be enrolled in a school district attendance | 12 | | center pursuant to the school district's enrollment policy | 13 | | or policies. A student participating in a remote | 14 | | educational program must be tested as part of all | 15 | | assessments administered by the school district pursuant | 16 | | to Section 2-3.64a-5 2-3.64 of this Code at the attendance | 17 | | center in which the student is enrolled and in accordance | 18 | | with the attendance center's assessment policies and | 19 | | schedule. The student must be included within all adequate | 20 | | yearly progress and other accountability determinations | 21 | | for the school district and attendance center under State | 22 | | and federal law. | 23 | | (7) The term of a student's participation in a remote | 24 | | educational program may not extend for longer than 12 | 25 | | months, unless the term is renewed by the school district. | 26 | | The district may only renew a student's participation in a |
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| 1 | | remote educational program following an evaluation of the | 2 | | student's progress in the program, a determination that the | 3 | | student's continuation in the program will best serve the | 4 | | student's individual learning needs, and an amendment to | 5 | | the student's written remote educational plan addressing | 6 | | any changes for the upcoming term of the program. | 7 | | (b) A school district may, by resolution of its school | 8 | | board, establish a remote educational program. | 9 | | (c) Clock hours of instruction by students in a remote | 10 | | educational program meeting the requirements of this Section | 11 | | may be claimed by the school district and shall be counted as | 12 | | school work for general State aid purposes in accordance with | 13 | | and subject to the limitations of Section 18-8.05 of this Code. | 14 | | (d) The impact of remote educational programs on wages, | 15 | | hours, and terms and conditions of employment of educational | 16 | | employees within the school district shall be subject to local | 17 | | collective bargaining agreements. | 18 | | (e) The use of a home or other location outside of a school | 19 | | building for a remote educational program shall not cause the | 20 | | home or other location to be deemed a public school facility. | 21 | | (f) A remote educational program may be used, but is not | 22 | | required, for instruction delivered to a student in the home or | 23 | | other location outside of a school building that is not claimed | 24 | | for general State aid purposes under Section 18-8.05 of this | 25 | | Code. | 26 | | (g) School districts that, pursuant to this Section, adopt |
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| 1 | | a policy for a remote educational program must submit to the | 2 | | State Board of Education a copy of the policy and any | 3 | | amendments thereto, as well as data on student participation in | 4 | | a format specified by the State Board of Education. The State | 5 | | Board of Education may perform or contract with an outside | 6 | | entity to perform an evaluation of remote educational programs | 7 | | in this State. | 8 | | (h) The State Board of Education may adopt any rules | 9 | | necessary to ensure compliance by remote educational programs | 10 | | with the requirements of this Section and other applicable | 11 | | legal requirements.
| 12 | | (Source: P.A. 96-684, eff. 8-25-09; 97-339, eff. 8-12-11.)
| 13 | | (105 ILCS 5/13A-11)
| 14 | | Sec. 13A-11. Chicago public schools.
| 15 | | (a) The Chicago Board of Education may
establish | 16 | | alternative schools within Chicago and may contract with third
| 17 | | parties for services otherwise performed by employees, | 18 | | including those in a
bargaining unit, in accordance with | 19 | | Sections 34-8.1, 34-18, and 34-49.
| 20 | | (b) Alternative schools operated by third parties within | 21 | | Chicago shall be
exempt from all provisions of this the School | 22 | | Code, except provisions concerning:
| 23 | | (1) student Student civil rights;
| 24 | | (2) staff Staff civil rights;
| 25 | | (3) health Health and safety;
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| 1 | | (4) performance Performance and financial audits;
| 2 | | (5) the assessments required under Section 2-3.64a-5 | 3 | | of this Code The Illinois Goals Assessment Program ;
| 4 | | (6) Chicago learning outcomes;
| 5 | | (7) Sections 2-3.25a through 2-3.25j of this the School | 6 | | Code;
| 7 | | (8) the The Inspector General; and
| 8 | | (9) Section 34-2.4b of this the School Code.
| 9 | | (Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)
| 10 | | (105 ILCS 5/13B-25.25)
| 11 | | Sec. 13B-25.25. Testing and assessment. A district plan for | 12 | | an
alternative learning
opportunities program operated through | 13 | | a cooperative or intergovernmental
agreement must provide
| 14 | | procedures for ensuring that students are included in the | 15 | | administration of
statewide testing
programs. Students | 16 | | enrolled in an alternative learning opportunities program
| 17 | | shall participate in
State assessments under Section 2-3.64a-5 | 18 | | 2-3.64 of this Code.
| 19 | | (Source: P.A. 92-42, eff. 1-1-02.)
| 20 | | (105 ILCS 5/14C-2) (from Ch. 122, par. 14C-2)
| 21 | | Sec. 14C-2. Definitions. Unless the context indicates | 22 | | otherwise, the terms used in this
Article have the following | 23 | | meanings:
| 24 | | (a) "State Board" means the State Board of Education.
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| 1 | | (b) "Certification Board" means the State Teacher | 2 | | Certification
Board.
| 3 | | (c) "School District" means any school district | 4 | | established under
this Code.
| 5 | | (d) "Children of limited English-speaking ability" means | 6 | | (1)
all children in grades pre-K through 12 who were not born | 7 | | in the United States, whose native tongue is a
language other | 8 | | than English, and who are incapable of performing ordinary
| 9 | | classwork in English; and (2) all children in grades pre-K | 10 | | through 12 who were born in the United
States of parents | 11 | | possessing no or limited English-speaking ability and
who are | 12 | | incapable of performing ordinary classwork in English.
| 13 | | (e) "Teacher of transitional bilingual education" means a | 14 | | teacher
with a speaking and reading ability in a language other | 15 | | than English in
which transitional bilingual education is | 16 | | offered and with communicative
skills in English.
| 17 | | (f) "Program in transitional bilingual education" means a | 18 | | full-time
program of instruction (1) in all those courses or | 19 | | subjects which a
child is required by law to receive and which | 20 | | are required by the
child's school district , which shall be | 21 | | given in the native language of
the children of limited | 22 | | English-speaking ability who are enrolled in the
program and | 23 | | also in English, (2) in the reading and writing of the
native | 24 | | language of the children of limited English-speaking ability | 25 | | who
are enrolled in the program and in the oral language | 26 | | (listening and comprehension, speaking ) ,
reading , and writing |
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| 1 | | of English, and (3) in the history and culture of
the country, | 2 | | territory , or geographic area which is the native land of
the | 3 | | parents of children of limited English-speaking ability who are
| 4 | | enrolled in the program and in the history and culture of the | 5 | | United
States; or a part-time program of instruction based on | 6 | | the educational
needs of those children of limited | 7 | | English-speaking ability who do not
need a full-time program of | 8 | | instruction.
| 9 | | (Source: P.A. 95-793, eff. 1-1-09.)
| 10 | | (105 ILCS 5/14C-3) (from Ch. 122, par. 14C-3)
| 11 | | Sec. 14C-3.
Language classification of children; | 12 | | establishment of
program; period of participation; | 13 | | examination.
Each school district shall ascertain, not later | 14 | | than the first day of
March, under regulations prescribed by | 15 | | the State Board, the
number of children of limited | 16 | | English-speaking ability within the school
district, and shall | 17 | | classify them according to the language of which
they possess a | 18 | | primary speaking ability, and their grade level, age or
| 19 | | achievement level.
| 20 | | When, at the beginning of any school year, there is within | 21 | | an
attendance center of a school district not including | 22 | | children who are
enrolled in existing private school systems, | 23 | | 20 or more children of
limited English-speaking ability in any | 24 | | such language classification,
the school district shall | 25 | | establish, for each classification, a program
in transitional |
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| 1 | | bilingual education for the children therein. A school
district | 2 | | may establish a program in transitional
bilingual education | 3 | | with respect to any classification with less than 20
children | 4 | | therein, but should a school district decide not to establish
| 5 | | such a program, the school district shall provide a locally | 6 | | determined
transitional program of instruction which, based | 7 | | upon an
individual student language assessment, provides | 8 | | content area instruction
in a language other than English to | 9 | | the extent
necessary to ensure that each student can benefit | 10 | | from educational
instruction and achieve an early and effective | 11 | | transition into the regular
school curriculum.
| 12 | | Every school-age child of limited English-speaking ability | 13 | | not
enrolled in existing private school systems shall be | 14 | | enrolled and
participate in the program in transitional | 15 | | bilingual education
established for the classification to | 16 | | which he belongs by the school
district in which he resides for | 17 | | a period of 3 years or until such time
as he achieves a level of | 18 | | English language skills which will enable him
to perform | 19 | | successfully in classes in which instruction is given only in
| 20 | | English, whichever shall first occur.
| 21 | | A child of limited English-speaking ability enrolled in a | 22 | | program in
transitional bilingual education may, in the | 23 | | discretion of the school
district and subject to the approval | 24 | | of the child's parent or legal
guardian, continue in that | 25 | | program for a period longer than 3 years.
| 26 | | An examination in the oral language (listening and |
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| 1 | | comprehension, speaking ) , reading , and
writing of English, as | 2 | | prescribed by the State Board, shall
be administered annually | 3 | | to all children of limited English-speaking
ability enrolled | 4 | | and participating in a program in transitional
bilingual | 5 | | education. No school district shall transfer a child of
limited | 6 | | English-speaking ability out of a program in transitional
| 7 | | bilingual education prior to his third year of enrollment | 8 | | therein unless
the parents of the child approve the transfer in | 9 | | writing, and unless the
child has received a score on said | 10 | | examination which, in the
determination of the State Board, | 11 | | reflects a level of
English language skills appropriate to his | 12 | | or her grade level.
| 13 | | If later evidence suggests that a child so transferred is | 14 | | still
disabled by an inadequate command of English, he may be
| 15 | | re-enrolled
in the program for a length of time equal to that | 16 | | which remained at the
time he was transferred.
| 17 | | (Source: P.A. 89-397, eff. 8-20-95.)
| 18 | | (105 ILCS 5/18-8.05)
| 19 | | Sec. 18-8.05. Basis for apportionment of general State | 20 | | financial aid and
supplemental general State aid to the common | 21 | | schools for the 1998-1999 and
subsequent school years.
| 22 | | (A) General Provisions. | 23 | | (1) The provisions of this Section apply to the 1998-1999 | 24 | | and subsequent
school years. The system of general State |
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| 1 | | financial aid provided for in this
Section
is designed to | 2 | | assure that, through a combination of State financial aid and
| 3 | | required local resources, the financial support provided each | 4 | | pupil in Average
Daily Attendance equals or exceeds a
| 5 | | prescribed per pupil Foundation Level. This formula approach | 6 | | imputes a level
of per pupil Available Local Resources and | 7 | | provides for the basis to calculate
a per pupil level of | 8 | | general State financial aid that, when added to Available
Local | 9 | | Resources, equals or exceeds the Foundation Level. The
amount | 10 | | of per pupil general State financial aid for school districts, | 11 | | in
general, varies in inverse
relation to Available Local | 12 | | Resources. Per pupil amounts are based upon
each school | 13 | | district's Average Daily Attendance as that term is defined in | 14 | | this
Section. | 15 | | (2) In addition to general State financial aid, school | 16 | | districts with
specified levels or concentrations of pupils | 17 | | from low income households are
eligible to receive supplemental | 18 | | general State financial aid grants as provided
pursuant to | 19 | | subsection (H).
The supplemental State aid grants provided for | 20 | | school districts under
subsection (H) shall be appropriated for | 21 | | distribution to school districts as
part of the same line item | 22 | | in which the general State financial aid of school
districts is | 23 | | appropriated under this Section. | 24 | | (3) To receive financial assistance under this Section, | 25 | | school districts
are required to file claims with the State | 26 | | Board of Education, subject to the
following requirements: |
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| 1 | | (a) Any school district which fails for any given | 2 | | school year to maintain
school as required by law, or to | 3 | | maintain a recognized school is not
eligible to file for | 4 | | such school year any claim upon the Common School
Fund. In | 5 | | case of nonrecognition of one or more attendance centers in | 6 | | a
school district otherwise operating recognized schools, | 7 | | the claim of the
district shall be reduced in the | 8 | | proportion which the Average Daily
Attendance in the | 9 | | attendance center or centers bear to the Average Daily
| 10 | | Attendance in the school district. A "recognized school" | 11 | | means any
public school which meets the standards as | 12 | | established for recognition
by the State Board of | 13 | | Education. A school district or attendance center
not | 14 | | having recognition status at the end of a school term is | 15 | | entitled to
receive State aid payments due upon a legal | 16 | | claim which was filed while
it was recognized. | 17 | | (b) School district claims filed under this Section are | 18 | | subject to
Sections 18-9 and 18-12, except as otherwise | 19 | | provided in this
Section. | 20 | | (c) If a school district operates a full year school | 21 | | under Section
10-19.1, the general State aid to the school | 22 | | district shall be determined
by the State Board of | 23 | | Education in accordance with this Section as near as
may be | 24 | | applicable. | 25 | | (d) (Blank). | 26 | | (4) Except as provided in subsections (H) and (L), the |
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| 1 | | board of any district
receiving any of the grants provided for | 2 | | in this Section may apply those funds
to any fund so received | 3 | | for which that board is authorized to make expenditures
by law. | 4 | | School districts are not required to exert a minimum | 5 | | Operating Tax Rate in
order to qualify for assistance under | 6 | | this Section. | 7 | | (5) As used in this Section the following terms, when | 8 | | capitalized, shall
have the meaning ascribed herein: | 9 | | (a) "Average Daily Attendance": A count of pupil | 10 | | attendance in school,
averaged as provided for in | 11 | | subsection (C) and utilized in deriving per pupil
financial | 12 | | support levels. | 13 | | (b) "Available Local Resources": A computation of | 14 | | local financial
support, calculated on the basis of Average | 15 | | Daily Attendance and derived as
provided pursuant to | 16 | | subsection (D). | 17 | | (c) "Corporate Personal Property Replacement Taxes": | 18 | | Funds paid to local
school districts pursuant to "An Act in | 19 | | relation to the abolition of ad valorem
personal property | 20 | | tax and the replacement of revenues lost thereby, and
| 21 | | amending and repealing certain Acts and parts of Acts in | 22 | | connection therewith",
certified August 14, 1979, as | 23 | | amended (Public Act 81-1st S.S.-1). | 24 | | (d) "Foundation Level": A prescribed level of per pupil | 25 | | financial support
as provided for in subsection (B). | 26 | | (e) "Operating Tax Rate": All school district property |
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| 1 | | taxes extended for
all purposes, except Bond and
Interest, | 2 | | Summer School, Rent, Capital Improvement, and Vocational | 3 | | Education
Building purposes.
| 4 | | (B) Foundation Level. | 5 | | (1) The Foundation Level is a figure established by the | 6 | | State representing
the minimum level of per pupil financial | 7 | | support that should be available to
provide for the basic | 8 | | education of each pupil in
Average Daily Attendance. As set | 9 | | forth in this Section, each school district
is assumed to exert
| 10 | | a sufficient local taxing effort such that, in combination with | 11 | | the aggregate
of general State
financial aid provided the | 12 | | district, an aggregate of State and local resources
are | 13 | | available to meet
the basic education needs of pupils in the | 14 | | district. | 15 | | (2) For the 1998-1999 school year, the Foundation Level of | 16 | | support is
$4,225. For the 1999-2000 school year, the | 17 | | Foundation Level of support is
$4,325. For the 2000-2001 school | 18 | | year, the Foundation Level of support is
$4,425. For the | 19 | | 2001-2002 school year and 2002-2003 school year, the
Foundation | 20 | | Level of support is $4,560. For the 2003-2004 school year, the | 21 | | Foundation Level of support is $4,810. For the 2004-2005 school | 22 | | year, the Foundation Level of support is $4,964.
For the | 23 | | 2005-2006 school year,
the Foundation Level of support is | 24 | | $5,164. For the 2006-2007 school year, the Foundation Level of | 25 | | support is $5,334. For the 2007-2008 school year, the |
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| 1 | | Foundation Level of support is $5,734. For the 2008-2009 school | 2 | | year, the Foundation Level of support is $5,959. | 3 | | (3) For the 2009-2010 school year and each school year | 4 | | thereafter,
the Foundation Level of support is $6,119 or such | 5 | | greater amount as
may be established by law by the General | 6 | | Assembly.
| 7 | | (C) Average Daily Attendance. | 8 | | (1) For purposes of calculating general State aid pursuant | 9 | | to subsection
(E), an Average Daily Attendance figure shall be | 10 | | utilized. The Average Daily
Attendance figure for formula
| 11 | | calculation purposes shall be the monthly average of the actual | 12 | | number of
pupils in attendance of
each school district, as | 13 | | further averaged for the best 3 months of pupil
attendance for | 14 | | each
school district. In compiling the figures for the number | 15 | | of pupils in
attendance, school districts
and the State Board | 16 | | of Education shall, for purposes of general State aid
funding, | 17 | | conform
attendance figures to the requirements of subsection | 18 | | (F). | 19 | | (2) The Average Daily Attendance figures utilized in | 20 | | subsection (E) shall be
the requisite attendance data for the | 21 | | school year immediately preceding
the
school year for which | 22 | | general State aid is being calculated
or the average of the | 23 | | attendance data for the 3 preceding school
years, whichever is | 24 | | greater. The Average Daily Attendance figures
utilized in | 25 | | subsection (H) shall be the requisite attendance data for the
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| 1 | | school year immediately preceding the school year for which | 2 | | general
State aid is being calculated.
| 3 | | (D) Available Local Resources. | 4 | | (1) For purposes of calculating general State aid pursuant | 5 | | to subsection
(E), a representation of Available Local | 6 | | Resources per pupil, as that term is
defined and determined in | 7 | | this subsection, shall be utilized. Available Local
Resources | 8 | | per pupil shall include a calculated
dollar amount representing | 9 | | local school district revenues from local property
taxes and | 10 | | from
Corporate Personal Property Replacement Taxes, expressed | 11 | | on the basis of pupils
in Average
Daily Attendance. Calculation | 12 | | of Available Local Resources shall exclude any tax amnesty | 13 | | funds received as a result of Public Act 93-26. | 14 | | (2) In determining a school district's revenue from local | 15 | | property taxes,
the State Board of Education shall utilize the | 16 | | equalized assessed valuation of
all taxable property of each | 17 | | school
district as of September 30 of the previous year. The | 18 | | equalized assessed
valuation utilized shall
be obtained and | 19 | | determined as provided in subsection (G). | 20 | | (3) For school districts maintaining grades kindergarten | 21 | | through 12, local
property tax
revenues per pupil shall be | 22 | | calculated as the product of the applicable
equalized assessed
| 23 | | valuation for the district multiplied by 3.00%, and divided by | 24 | | the district's
Average Daily
Attendance figure. For school | 25 | | districts maintaining grades kindergarten
through 8, local
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| 1 | | property tax revenues per pupil shall be calculated as the | 2 | | product of the
applicable equalized
assessed valuation for the | 3 | | district multiplied by 2.30%, and divided by the
district's | 4 | | Average
Daily Attendance figure. For school districts | 5 | | maintaining grades 9 through 12,
local property
tax revenues | 6 | | per pupil shall be the applicable equalized assessed valuation | 7 | | of
the district
multiplied by 1.05%, and divided by the | 8 | | district's Average Daily
Attendance
figure. | 9 | | For partial elementary unit districts created pursuant to | 10 | | Article 11E of this Code, local property tax revenues per pupil | 11 | | shall be calculated as the product of the equalized assessed | 12 | | valuation for property within the partial elementary unit | 13 | | district for elementary purposes, as defined in Article 11E of | 14 | | this Code, multiplied by 2.06% and divided by the district's | 15 | | Average Daily Attendance figure, plus the product of the | 16 | | equalized assessed valuation for property within the partial | 17 | | elementary unit district for high school purposes, as defined | 18 | | in Article 11E of this Code, multiplied by 0.94% and divided by | 19 | | the district's Average Daily Attendance figure.
| 20 | | (4) The Corporate Personal Property Replacement Taxes paid | 21 | | to each school
district during the calendar year one year | 22 | | before the calendar year in which a
school year begins, divided | 23 | | by the Average Daily Attendance figure for that
district, shall | 24 | | be added to the local property tax revenues per pupil as
| 25 | | derived by the application of the immediately preceding | 26 | | paragraph (3). The sum
of these per pupil figures for each |
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| 1 | | school district shall constitute Available
Local Resources as | 2 | | that term is utilized in subsection (E) in the calculation
of | 3 | | general State aid.
| 4 | | (E) Computation of General State Aid. | 5 | | (1) For each school year, the amount of general State aid | 6 | | allotted to a
school district shall be computed by the State | 7 | | Board of Education as provided
in this subsection. | 8 | | (2) For any school district for which Available Local | 9 | | Resources per pupil
is less than the product of 0.93 times the | 10 | | Foundation Level, general State aid
for that district shall be | 11 | | calculated as an amount equal to the Foundation
Level minus | 12 | | Available Local Resources, multiplied by the Average Daily
| 13 | | Attendance of the school district. | 14 | | (3) For any school district for which Available Local | 15 | | Resources per pupil
is equal to or greater than the product of | 16 | | 0.93 times the Foundation Level and
less than the product of | 17 | | 1.75 times the Foundation Level, the general State aid
per | 18 | | pupil shall be a decimal proportion of the Foundation Level | 19 | | derived using a
linear algorithm. Under this linear algorithm, | 20 | | the calculated general State
aid per pupil shall decline in | 21 | | direct linear fashion from 0.07 times the
Foundation Level for | 22 | | a school district with Available Local Resources equal to
the | 23 | | product of 0.93 times the Foundation Level, to 0.05 times the | 24 | | Foundation
Level for a school district with Available Local | 25 | | Resources equal to the product
of 1.75 times the Foundation |
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| 1 | | Level. The allocation of general
State aid for school districts | 2 | | subject to this paragraph 3 shall be the
calculated general | 3 | | State aid
per pupil figure multiplied by the Average Daily | 4 | | Attendance of the school
district. | 5 | | (4) For any school district for which Available Local | 6 | | Resources per pupil
equals or exceeds the product of 1.75 times | 7 | | the Foundation Level, the general
State aid for the school | 8 | | district shall be calculated as the product of $218
multiplied | 9 | | by the Average Daily Attendance of the school
district. | 10 | | (5) The amount of general State aid allocated to a school | 11 | | district for
the 1999-2000 school year meeting the requirements | 12 | | set forth in paragraph (4)
of subsection
(G) shall be increased | 13 | | by an amount equal to the general State aid that
would have | 14 | | been received by the district for the 1998-1999 school year by
| 15 | | utilizing the Extension Limitation Equalized Assessed | 16 | | Valuation as calculated
in paragraph (4) of subsection (G) less | 17 | | the general State aid allotted for the
1998-1999
school year. | 18 | | This amount shall be deemed a one time increase, and shall not
| 19 | | affect any future general State aid allocations.
| 20 | | (F) Compilation of Average Daily Attendance. | 21 | | (1) Each school district shall, by July 1 of each year, | 22 | | submit to the State
Board of Education, on forms prescribed by | 23 | | the State Board of Education,
attendance figures for the school | 24 | | year that began in the preceding calendar
year. The attendance | 25 | | information so transmitted shall identify the average
daily |
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| 1 | | attendance figures for each month of the school year. Beginning | 2 | | with
the general State aid claim form for the 2002-2003 school
| 3 | | year, districts shall calculate Average Daily Attendance as | 4 | | provided in
subdivisions (a), (b), and (c) of this paragraph | 5 | | (1). | 6 | | (a) In districts that do not hold year-round classes,
| 7 | | days of attendance in August shall be added to the month of | 8 | | September and any
days of attendance in June shall be added | 9 | | to the month of May. | 10 | | (b) In districts in which all buildings hold year-round | 11 | | classes,
days of attendance in July and August shall be | 12 | | added to the month
of September and any days of attendance | 13 | | in June shall be added to
the month of May. | 14 | | (c) In districts in which some buildings, but not all, | 15 | | hold
year-round classes, for the non-year-round buildings, | 16 | | days of
attendance in August shall be added to the month of | 17 | | September
and any days of attendance in June shall be added | 18 | | to the month of
May. The average daily attendance for the | 19 | | year-round buildings
shall be computed as provided in | 20 | | subdivision (b) of this paragraph
(1). To calculate the | 21 | | Average Daily Attendance for the district, the
average | 22 | | daily attendance for the year-round buildings shall be
| 23 | | multiplied by the days in session for the non-year-round | 24 | | buildings
for each month and added to the monthly | 25 | | attendance of the
non-year-round buildings. | 26 | | Except as otherwise provided in this Section, days of
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| 1 | | attendance by pupils shall be counted only for sessions of not | 2 | | less than
5 clock hours of school work per day under direct | 3 | | supervision of: (i)
teachers, or (ii) non-teaching personnel or | 4 | | volunteer personnel when engaging
in non-teaching duties and | 5 | | supervising in those instances specified in
subsection (a) of | 6 | | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | 7 | | of legal school age and in kindergarten and grades 1 through | 8 | | 12. | 9 | | Days of attendance by tuition pupils shall be accredited | 10 | | only to the
districts that pay the tuition to a recognized | 11 | | school. | 12 | | (2) Days of attendance by pupils of less than 5 clock hours | 13 | | of school
shall be subject to the following provisions in the | 14 | | compilation of Average
Daily Attendance. | 15 | | (a) Pupils regularly enrolled in a public school for | 16 | | only a part of
the school day may be counted on the basis | 17 | | of 1/6 day for every class hour
of instruction of 40 | 18 | | minutes or more attended pursuant to such enrollment,
| 19 | | unless a pupil is
enrolled in a block-schedule format of 80 | 20 | | minutes or more of instruction,
in which case the pupil may | 21 | | be counted on the basis of the proportion of
minutes of | 22 | | school work completed each day to the minimum number of
| 23 | | minutes that school work is required to be held that day. | 24 | | (b) (Blank). | 25 | | (c) A session of 4 or more clock hours may be counted | 26 | | as a day of
attendance upon certification by the regional |
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| 1 | | superintendent, and
approved by the State Superintendent | 2 | | of Education to the extent that the
district has been | 3 | | forced to use daily multiple sessions. | 4 | | (d) A session of 3 or more clock hours may be counted | 5 | | as a day of
attendance (1) when the remainder of the school | 6 | | day or at least
2 hours in the evening of that day is | 7 | | utilized for an
in-service training program for teachers, | 8 | | up to a maximum of 5 days per
school year, provided a | 9 | | district conducts an in-service
training program for | 10 | | teachers in accordance with Section 10-22.39 of this Code; | 11 | | or, in lieu of 4 such days, 2 full days may
be used, in | 12 | | which event each such day
may be counted as a day required | 13 | | for a legal school calendar pursuant to Section 10-19 of | 14 | | this Code; (1.5) when, of the 5 days allowed under item | 15 | | (1), a maximum of 4 days are used for parent-teacher | 16 | | conferences, or, in lieu of 4 such days, 2 full days are | 17 | | used, in which case each such day may be counted as a | 18 | | calendar day required under Section 10-19 of this Code, | 19 | | provided that the full-day, parent-teacher conference | 20 | | consists of (i) a minimum of 5 clock hours of | 21 | | parent-teacher conferences, (ii) both a minimum of 2 clock | 22 | | hours of parent-teacher conferences held in the evening | 23 | | following a full day of student attendance, as specified in | 24 | | subsection (F)(1)(c), and a minimum of 3 clock hours of | 25 | | parent-teacher conferences held on the day immediately | 26 | | following evening parent-teacher conferences, or (iii) |
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| 1 | | multiple parent-teacher conferences held in the evenings | 2 | | following full days of student attendance, as specified in | 3 | | subsection (F)(1)(c), in which the time used for the | 4 | | parent-teacher conferences is equivalent to a minimum of 5 | 5 | | clock hours; and (2) when days in
addition to
those | 6 | | provided in items (1) and (1.5) are scheduled by a school | 7 | | pursuant to its school
improvement plan adopted under | 8 | | Article 34 or its revised or amended school
improvement | 9 | | plan adopted under Article 2, provided that (i) such | 10 | | sessions of
3 or more clock hours are scheduled to occur at | 11 | | regular intervals, (ii) the
remainder of the school days in | 12 | | which such sessions occur are utilized
for in-service | 13 | | training programs or other staff development activities | 14 | | for
teachers, and (iii) a sufficient number of minutes of | 15 | | school work under the
direct supervision of teachers are | 16 | | added to the school days between such
regularly scheduled | 17 | | sessions to accumulate not less than the number of minutes
| 18 | | by which such sessions of 3 or more clock hours fall short | 19 | | of 5 clock hours.
Any full days used for the purposes of | 20 | | this paragraph shall not be considered
for
computing | 21 | | average daily attendance. Days scheduled for in-service | 22 | | training
programs, staff development activities, or | 23 | | parent-teacher conferences may be
scheduled separately for | 24 | | different
grade levels and different attendance centers of | 25 | | the district. | 26 | | (e) A session of not less than one clock hour of |
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| 1 | | teaching
hospitalized or homebound pupils on-site or by | 2 | | telephone to the classroom may
be counted as 1/2 day of | 3 | | attendance, however these pupils must receive 4 or
more | 4 | | clock hours of instruction to be counted for a full day of | 5 | | attendance. | 6 | | (f) A session of at least 4 clock hours may be counted | 7 | | as a day of
attendance for first grade pupils, and pupils | 8 | | in full day kindergartens,
and a session of 2 or more hours | 9 | | may be counted as 1/2 day of attendance by
pupils in | 10 | | kindergartens which provide only 1/2 day of attendance. | 11 | | (g) For children with disabilities who are below the | 12 | | age of 6 years and
who
cannot attend 2 or more clock hours | 13 | | because of their disability or
immaturity, a session of not | 14 | | less than one clock hour may be counted as 1/2 day
of | 15 | | attendance; however for such children whose educational | 16 | | needs so require
a session of 4 or more clock hours may be | 17 | | counted as a full day of attendance. | 18 | | (h) A recognized kindergarten which provides for only | 19 | | 1/2 day of
attendance by each pupil shall not have more | 20 | | than 1/2 day of attendance
counted in any one day. However, | 21 | | kindergartens may count 2 1/2 days
of
attendance in any 5 | 22 | | consecutive school days. When a pupil attends such a
| 23 | | kindergarten for 2 half days on any one school day, the | 24 | | pupil shall have
the following day as a day absent from | 25 | | school, unless the school district
obtains permission in | 26 | | writing from the State Superintendent of Education.
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| 1 | | Attendance at kindergartens which provide for a full day of | 2 | | attendance by
each pupil shall be counted the same as | 3 | | attendance by first grade pupils.
Only the first year of | 4 | | attendance in one kindergarten shall be counted,
except in | 5 | | case of children who entered the kindergarten in their | 6 | | fifth year
whose educational development requires a second | 7 | | year of kindergarten as
determined under the rules and | 8 | | regulations of the State Board of Education. | 9 | | (i) On the days when the assessment that includes a | 10 | | college and career ready determination Prairie State | 11 | | Achievement Examination is
administered under subsection | 12 | | (c) of Section 2-3.64a-5 2-3.64 of this Code, the day
of | 13 | | attendance for a pupil whose school
day must be shortened | 14 | | to accommodate required testing procedures may
be less than | 15 | | 5 clock hours and shall be counted towards the 176 days of | 16 | | actual pupil attendance required under Section 10-19 of | 17 | | this Code, provided that a sufficient number of minutes
of | 18 | | school work in excess of 5 clock hours are first completed | 19 | | on other school
days to compensate for the loss of school | 20 | | work on the examination days. | 21 | | (j) Pupils enrolled in a remote educational program | 22 | | established under Section 10-29 of this Code may be counted | 23 | | on the basis of one-fifth day of attendance for every clock | 24 | | hour of instruction attended in the remote educational | 25 | | program, provided that, in any month, the school district | 26 | | may not claim for a student enrolled in a remote |
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| 1 | | educational program more days of attendance than the | 2 | | maximum number of days of attendance the district can claim | 3 | | (i) for students enrolled in a building holding year-round | 4 | | classes if the student is classified as participating in | 5 | | the remote educational program on a year-round schedule or | 6 | | (ii) for students enrolled in a building not holding | 7 | | year-round classes if the student is not classified as | 8 | | participating in the remote educational program on a | 9 | | year-round schedule.
| 10 | | (G) Equalized Assessed Valuation Data. | 11 | | (1) For purposes of the calculation of Available Local | 12 | | Resources required
pursuant to subsection (D), the
State Board | 13 | | of Education shall secure from the Department of
Revenue the | 14 | | value as equalized or assessed by the Department of Revenue of
| 15 | | all taxable property of every school district, together with | 16 | | (i) the applicable
tax rate used in extending taxes for the | 17 | | funds of the district as of
September 30 of the previous year
| 18 | | and (ii) the limiting rate for all school
districts subject to | 19 | | property tax extension limitations as imposed under the
| 20 | | Property Tax Extension Limitation Law.
| 21 | | The Department of Revenue shall add to the equalized | 22 | | assessed value of all
taxable
property of each school district | 23 | | situated entirely or partially within a county
that is or was | 24 | | subject to the
provisions of Section 15-176 or 15-177 of the | 25 | | Property Tax Code (a)
an amount equal to the total amount by |
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| 1 | | which the
homestead exemption allowed under Section 15-176 or | 2 | | 15-177 of the Property Tax Code for
real
property situated in | 3 | | that school district exceeds the total amount that would
have | 4 | | been
allowed in that school district if the maximum reduction | 5 | | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in | 6 | | all other counties in tax year 2003 or (ii) $5,000 in all | 7 | | counties in tax year 2004 and thereafter and (b) an amount | 8 | | equal to the aggregate amount for the taxable year of all | 9 | | additional exemptions under Section 15-175 of the Property Tax | 10 | | Code for owners with a household income of $30,000 or less. The | 11 | | county clerk of any county that is or was subject to the | 12 | | provisions of Section 15-176 or 15-177 of the Property Tax Code | 13 | | shall
annually calculate and certify to the Department of | 14 | | Revenue for each school
district all
homestead exemption | 15 | | amounts under Section 15-176 or 15-177 of the Property Tax Code | 16 | | and all amounts of additional exemptions under Section 15-175 | 17 | | of the Property Tax Code for owners with a household income of | 18 | | $30,000 or less. It is the intent of this paragraph that if the | 19 | | general homestead exemption for a parcel of property is | 20 | | determined under Section 15-176 or 15-177 of the Property Tax | 21 | | Code rather than Section 15-175, then the calculation of | 22 | | Available Local Resources shall not be affected by the | 23 | | difference, if any, between the amount of the general homestead | 24 | | exemption allowed for that parcel of property under Section | 25 | | 15-176 or 15-177 of the Property Tax Code and the amount that | 26 | | would have been allowed had the general homestead exemption for |
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| 1 | | that parcel of property been determined under Section 15-175 of | 2 | | the Property Tax Code. It is further the intent of this | 3 | | paragraph that if additional exemptions are allowed under | 4 | | Section 15-175 of the Property Tax Code for owners with a | 5 | | household income of less than $30,000, then the calculation of | 6 | | Available Local Resources shall not be affected by the | 7 | | difference, if any, because of those additional exemptions. | 8 | | This equalized assessed valuation, as adjusted further by | 9 | | the requirements of
this subsection, shall be utilized in the | 10 | | calculation of Available Local
Resources. | 11 | | (2) The equalized assessed valuation in paragraph (1) shall | 12 | | be adjusted, as
applicable, in the following manner: | 13 | | (a) For the purposes of calculating State aid under | 14 | | this Section,
with respect to any part of a school district | 15 | | within a redevelopment
project area in respect to which a | 16 | | municipality has adopted tax
increment allocation | 17 | | financing pursuant to the Tax Increment Allocation
| 18 | | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | 19 | | of the Illinois
Municipal Code or the Industrial Jobs | 20 | | Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | 21 | | Illinois Municipal Code, no part of the current equalized
| 22 | | assessed valuation of real property located in any such | 23 | | project area which is
attributable to an increase above the | 24 | | total initial equalized assessed
valuation of such | 25 | | property shall be used as part of the equalized assessed
| 26 | | valuation of the district, until such time as all
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| 1 | | redevelopment project costs have been paid, as provided in | 2 | | Section 11-74.4-8
of the Tax Increment Allocation | 3 | | Redevelopment Act or in Section 11-74.6-35 of
the | 4 | | Industrial Jobs Recovery Law. For the purpose of
the | 5 | | equalized assessed valuation of the
district, the total | 6 | | initial equalized assessed valuation or the current
| 7 | | equalized assessed valuation, whichever is lower, shall be | 8 | | used until
such time as all redevelopment project costs | 9 | | have been paid. | 10 | | (b) The real property equalized assessed valuation for | 11 | | a school district
shall be adjusted by subtracting from the | 12 | | real property
value as equalized or assessed by the | 13 | | Department of Revenue for the
district an amount computed | 14 | | by dividing the amount of any abatement of
taxes under | 15 | | Section 18-170 of the Property Tax Code by 3.00% for a | 16 | | district
maintaining grades kindergarten through 12, by | 17 | | 2.30% for a district
maintaining grades kindergarten | 18 | | through 8, or by 1.05% for a
district
maintaining grades 9 | 19 | | through 12 and adjusted by an amount computed by dividing
| 20 | | the amount of any abatement of taxes under subsection (a) | 21 | | of Section 18-165 of
the Property Tax Code by the same | 22 | | percentage rates for district type as
specified in this | 23 | | subparagraph (b). | 24 | | (3) For the 1999-2000 school year and each school year | 25 | | thereafter, if a
school district meets all of the criteria of | 26 | | this subsection (G)(3), the school
district's Available Local |
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| 1 | | Resources shall be calculated under subsection (D)
using the | 2 | | district's Extension Limitation Equalized Assessed Valuation | 3 | | as
calculated under this
subsection (G)(3). | 4 | | For purposes of this subsection (G)(3) the following terms | 5 | | shall have
the following meanings: | 6 | | "Budget Year": The school year for which general State | 7 | | aid is calculated
and
awarded under subsection (E). | 8 | | "Base Tax Year": The property tax levy year used to | 9 | | calculate the Budget
Year
allocation of general State aid. | 10 | | "Preceding Tax Year": The property tax levy year | 11 | | immediately preceding the
Base Tax Year. | 12 | | "Base Tax Year's Tax Extension": 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 the Property | 16 | | Tax
Extension Limitation Law. | 17 | | "Preceding Tax Year's Tax Extension": The product of | 18 | | the equalized assessed
valuation utilized by the County | 19 | | Clerk in the Preceding Tax Year multiplied by
the Operating | 20 | | Tax Rate as defined in subsection (A). | 21 | | "Extension Limitation Ratio": A numerical ratio, | 22 | | certified by the
County Clerk, in which the numerator is | 23 | | the Base Tax Year's Tax
Extension and the denominator is | 24 | | the Preceding Tax Year's Tax Extension. | 25 | | "Operating Tax Rate": The operating tax rate as defined | 26 | | in subsection (A). |
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| 1 | | If a school district is subject to property tax extension | 2 | | limitations as
imposed under
the Property Tax Extension | 3 | | Limitation Law, the State Board of Education shall
calculate | 4 | | the Extension
Limitation
Equalized Assessed Valuation of that | 5 | | district. For the 1999-2000 school
year, the
Extension | 6 | | Limitation Equalized Assessed Valuation of a school district as
| 7 | | calculated by the State Board of Education shall be equal to | 8 | | the product of the
district's 1996 Equalized Assessed Valuation | 9 | | and the district's Extension
Limitation Ratio. Except as | 10 | | otherwise provided in this paragraph for a school district that | 11 | | has approved or does approve an increase in its limiting rate, | 12 | | for the 2000-2001 school year and each school year
thereafter,
| 13 | | the Extension Limitation Equalized Assessed Valuation of a | 14 | | school district as
calculated by the State Board of Education | 15 | | shall be equal to the product of
the Equalized Assessed | 16 | | Valuation last used in the calculation of general State
aid and | 17 | | the
district's Extension Limitation Ratio. If the Extension | 18 | | Limitation
Equalized
Assessed Valuation of a school district as | 19 | | calculated under
this subsection (G)(3) is less than the | 20 | | district's equalized assessed valuation
as calculated pursuant | 21 | | to subsections (G)(1) and (G)(2), then for purposes of
| 22 | | calculating the district's general State aid for the Budget | 23 | | Year pursuant to
subsection (E), that Extension
Limitation | 24 | | Equalized Assessed Valuation shall be utilized to calculate the
| 25 | | district's Available Local Resources
under subsection (D). For | 26 | | the 2009-2010 school year and each school year thereafter, if a |
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| 1 | | school district has approved or does approve an increase in its | 2 | | limiting rate, pursuant to Section 18-190 of the Property Tax | 3 | | Code, affecting the Base Tax Year, the Extension Limitation | 4 | | Equalized Assessed Valuation of the school district, as | 5 | | calculated by the State Board of Education, shall be equal to | 6 | | the product of the Equalized Assessed Valuation last used in | 7 | | the calculation of general State aid times an amount equal to | 8 | | one plus the percentage increase, if any, in the Consumer Price | 9 | | Index for all Urban Consumers for all items published by the | 10 | | United States Department of Labor for the 12-month calendar | 11 | | year preceding the Base Tax Year, plus the Equalized Assessed | 12 | | Valuation of new property, annexed property, and recovered tax | 13 | | increment value and minus the Equalized Assessed Valuation of | 14 | | disconnected property. New property and recovered tax | 15 | | increment value shall have the meanings set forth in the | 16 | | Property Tax Extension Limitation Law. | 17 | | Partial elementary unit districts created in accordance | 18 | | with Article 11E of this Code shall not be eligible for the | 19 | | adjustment in this subsection (G)(3) until the fifth year | 20 | | following the effective date of the reorganization.
| 21 | | (3.5) For the 2010-2011 school year and each school year | 22 | | thereafter, if a school district's boundaries span multiple | 23 | | counties, then the Department of Revenue shall send to the | 24 | | State Board of Education, for the purpose of calculating | 25 | | general State aid, the limiting rate and individual rates by | 26 | | purpose for the county that contains the majority of the school |
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| 1 | | district's Equalized Assessed Valuation. | 2 | | (4) For the purposes of calculating general State aid for | 3 | | the 1999-2000
school year only, if a school district | 4 | | experienced a triennial reassessment on
the equalized assessed | 5 | | valuation used in calculating its general State
financial aid | 6 | | apportionment for the 1998-1999 school year, the State Board of
| 7 | | Education shall calculate the Extension Limitation Equalized | 8 | | Assessed Valuation
that would have been used to calculate the | 9 | | district's 1998-1999 general State
aid. This amount shall equal | 10 | | the product of the equalized assessed valuation
used to
| 11 | | calculate general State aid for the 1997-1998 school year and | 12 | | the district's
Extension Limitation Ratio. If the Extension | 13 | | Limitation Equalized Assessed
Valuation of the school district | 14 | | as calculated under this paragraph (4) is
less than the | 15 | | district's equalized assessed valuation utilized in | 16 | | calculating
the
district's 1998-1999 general State aid | 17 | | allocation, then for purposes of
calculating the district's | 18 | | general State aid pursuant to paragraph (5) of
subsection (E),
| 19 | | that Extension Limitation Equalized Assessed Valuation shall | 20 | | be utilized to
calculate the district's Available Local | 21 | | Resources. | 22 | | (5) For school districts having a majority of their | 23 | | equalized assessed
valuation in any county except Cook, DuPage, | 24 | | Kane, Lake, McHenry, or Will, if
the amount of general State | 25 | | aid allocated to the school district for the
1999-2000 school | 26 | | year under the provisions of subsection (E), (H), and (J) of
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| 1 | | this Section is less than the amount of general State aid | 2 | | allocated to the
district for the 1998-1999 school year under | 3 | | these subsections, then the
general
State aid of the district | 4 | | for the 1999-2000 school year only shall be increased
by the | 5 | | difference between these amounts. The total payments made under | 6 | | this
paragraph (5) shall not exceed $14,000,000. Claims shall | 7 | | be prorated if they
exceed $14,000,000.
| 8 | | (H) Supplemental General State Aid. | 9 | | (1) In addition to the general State aid a school district | 10 | | is allotted
pursuant to subsection (E), qualifying school | 11 | | districts shall receive a grant,
paid in conjunction with a | 12 | | district's payments of general State aid, for
supplemental | 13 | | general State aid based upon the concentration level of | 14 | | children
from low-income households within the school | 15 | | district.
Supplemental State aid grants provided for school | 16 | | districts under this
subsection shall be appropriated for | 17 | | distribution to school districts as part
of the same line item | 18 | | in which the general State financial aid of school
districts is | 19 | | appropriated under this Section.
| 20 | | (1.5) This paragraph (1.5) applies only to those school | 21 | | years
preceding the 2003-2004 school year.
For purposes of this
| 22 | | subsection (H), the term "Low-Income Concentration Level" | 23 | | shall be the
low-income
eligible pupil count from the most | 24 | | recently available federal census divided by
the Average Daily | 25 | | Attendance of the school district.
If, however, (i) the |
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| 1 | | percentage decrease from the 2 most recent federal
censuses
in | 2 | | the low-income eligible pupil count of a high school district | 3 | | with fewer
than 400 students exceeds by 75% or more the | 4 | | percentage change in the total
low-income eligible pupil count | 5 | | of contiguous elementary school districts,
whose boundaries | 6 | | are coterminous with the high school district,
or (ii) a high | 7 | | school district within 2 counties and serving 5 elementary
| 8 | | school
districts, whose boundaries are coterminous with the | 9 | | high school
district, has a percentage decrease from the 2 most | 10 | | recent federal
censuses in the low-income eligible pupil count | 11 | | and there is a percentage
increase in the total low-income | 12 | | eligible pupil count of a majority of the
elementary school | 13 | | districts in excess of 50% from the 2 most recent
federal | 14 | | censuses, then
the
high school district's low-income eligible | 15 | | pupil count from the earlier federal
census
shall be the number | 16 | | used as the low-income eligible pupil count for the high
school | 17 | | district, for purposes of this subsection (H).
The changes made | 18 | | to this paragraph (1) by Public Act 92-28 shall apply to
| 19 | | supplemental general State aid
grants for school years | 20 | | preceding the 2003-2004 school year that are paid
in fiscal | 21 | | year 1999 or thereafter
and to
any State aid payments made in | 22 | | fiscal year 1994 through fiscal year
1998 pursuant to | 23 | | subsection 1(n) of Section 18-8 of this Code (which was
| 24 | | repealed on July 1, 1998), and any high school district that is | 25 | | affected by
Public Act 92-28 is
entitled to a
recomputation of | 26 | | its supplemental general State aid grant or State aid
paid in |
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| 1 | | any of those fiscal years. This recomputation shall not be
| 2 | | affected by any other funding. | 3 | | (1.10) This paragraph (1.10) applies to the 2003-2004 | 4 | | school year
and each school year thereafter. For purposes of | 5 | | this subsection (H), the
term "Low-Income Concentration Level" | 6 | | shall, for each fiscal year, be the
low-income eligible
pupil | 7 | | count
as of July 1 of the immediately preceding fiscal year
(as | 8 | | determined by the Department of Human Services based
on the | 9 | | number of pupils
who are eligible for at least one of the | 10 | | following
low income programs: Medicaid, the Children's Health | 11 | | Insurance Program, TANF, or Food Stamps,
excluding pupils who | 12 | | are eligible for services provided by the Department
of | 13 | | Children and Family Services,
averaged over
the 2 immediately | 14 | | preceding fiscal years for fiscal year 2004 and over the 3
| 15 | | immediately preceding fiscal years for each fiscal year | 16 | | thereafter)
divided by the Average Daily Attendance of the | 17 | | school district. | 18 | | (2) Supplemental general State aid pursuant to this | 19 | | subsection (H) shall
be
provided as follows for the 1998-1999, | 20 | | 1999-2000, and 2000-2001 school years
only: | 21 | | (a) For any school district with a Low Income | 22 | | Concentration Level of at
least 20% and less than 35%, the | 23 | | grant for any school year
shall be $800
multiplied by the | 24 | | low income eligible pupil count. | 25 | | (b) For any school district with a Low Income | 26 | | Concentration Level of at
least 35% and less than 50%, the |
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| 1 | | grant for the 1998-1999 school year shall be
$1,100 | 2 | | multiplied by the low income eligible pupil count. | 3 | | (c) For any school district with a Low Income | 4 | | Concentration Level of at
least 50% and less than 60%, the | 5 | | grant for the 1998-99 school year shall be
$1,500 | 6 | | multiplied by the low income eligible pupil count. | 7 | | (d) For any school district with a Low Income | 8 | | Concentration Level of 60%
or more, the grant for the | 9 | | 1998-99 school year shall be $1,900 multiplied by
the low | 10 | | income eligible pupil count. | 11 | | (e) For the 1999-2000 school year, the per pupil amount | 12 | | specified in
subparagraphs (b), (c), and (d) immediately | 13 | | above shall be increased to $1,243,
$1,600, and $2,000, | 14 | | respectively. | 15 | | (f) For the 2000-2001 school year, the per pupil | 16 | | amounts specified in
subparagraphs (b), (c), and (d) | 17 | | immediately above shall be
$1,273, $1,640, and $2,050, | 18 | | respectively. | 19 | | (2.5) Supplemental general State aid pursuant to this | 20 | | subsection (H)
shall be provided as follows for the 2002-2003 | 21 | | school year: | 22 | | (a) For any school district with a Low Income | 23 | | Concentration Level of less
than 10%, the grant for each | 24 | | school year shall be $355 multiplied by the low
income | 25 | | eligible pupil count. | 26 | | (b) For any school district with a Low Income |
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| 1 | | Concentration
Level of at least 10% and less than 20%, the | 2 | | grant for each school year shall
be $675
multiplied by the | 3 | | low income eligible pupil
count. | 4 | | (c) For any school district with a Low Income | 5 | | Concentration
Level of at least 20% and less than 35%, the | 6 | | grant for each school year shall
be $1,330
multiplied by | 7 | | the low income eligible pupil
count. | 8 | | (d) For any school district with a Low Income | 9 | | Concentration
Level of at least 35% and less than 50%, the | 10 | | grant for each school year shall
be $1,362
multiplied by | 11 | | the low income eligible pupil
count. | 12 | | (e) For any school district with a Low Income | 13 | | Concentration
Level of at least 50% and less than 60%, the | 14 | | grant for each school year shall
be $1,680
multiplied by | 15 | | the low income eligible pupil
count. | 16 | | (f) For any school district with a Low Income | 17 | | Concentration
Level of 60% or more, the grant for each | 18 | | school year shall be $2,080
multiplied by the low income | 19 | | eligible pupil count. | 20 | | (2.10) Except as otherwise provided, supplemental general | 21 | | State aid
pursuant to this subsection
(H) shall be provided as | 22 | | follows for the 2003-2004 school year and each
school year | 23 | | thereafter: | 24 | | (a) For any school district with a Low Income | 25 | | Concentration
Level of 15% or less, the grant for each | 26 | | school year
shall be $355 multiplied by the low income |
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| 1 | | eligible pupil count. | 2 | | (b) For any school district with a Low Income | 3 | | Concentration
Level greater than 15%, the grant for each | 4 | | school year shall be
$294.25 added to the product of $2,700 | 5 | | and the square of the Low
Income Concentration Level, all | 6 | | multiplied by the low income
eligible pupil count. | 7 | | For the 2003-2004 school year and each school year | 8 | | thereafter through the 2008-2009 school year only, the grant | 9 | | shall be no less than the
grant
for
the 2002-2003 school year. | 10 | | For the 2009-2010 school year only, the grant shall
be no
less | 11 | | than the grant for the 2002-2003 school year multiplied by | 12 | | 0.66. For the 2010-2011
school year only, the grant shall be no | 13 | | less than the grant for the 2002-2003
school year
multiplied by | 14 | | 0.33. Notwithstanding the provisions of this paragraph to the | 15 | | contrary, if for any school year supplemental general State aid | 16 | | grants are prorated as provided in paragraph (1) of this | 17 | | subsection (H), then the grants under this paragraph shall be | 18 | | prorated.
| 19 | | For the 2003-2004 school year only, the grant shall be no | 20 | | greater
than the grant received during the 2002-2003 school | 21 | | year added to the
product of 0.25 multiplied by the difference | 22 | | between the grant amount
calculated under subsection (a) or (b) | 23 | | of this paragraph (2.10), whichever
is applicable, and the | 24 | | grant received during the 2002-2003 school year.
For the | 25 | | 2004-2005 school year only, the grant shall be no greater than
| 26 | | the grant received during the 2002-2003 school year added to |
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| 1 | | the
product of 0.50 multiplied by the difference between the | 2 | | grant amount
calculated under subsection (a) or (b) of this | 3 | | paragraph (2.10), whichever
is applicable, and the grant | 4 | | received during the 2002-2003 school year.
For the 2005-2006 | 5 | | school year only, the grant shall be no greater than
the grant | 6 | | received during the 2002-2003 school year added to the
product | 7 | | of 0.75 multiplied by the difference between the grant amount
| 8 | | calculated under subsection (a) or (b) of this paragraph | 9 | | (2.10), whichever
is applicable, and the grant received during | 10 | | the 2002-2003
school year. | 11 | | (3) School districts with an Average Daily Attendance of | 12 | | more than 1,000
and less than 50,000 that qualify for | 13 | | supplemental general State aid pursuant
to this subsection | 14 | | shall submit a plan to the State Board of Education prior to
| 15 | | October 30 of each year for the use of the funds resulting from | 16 | | this grant of
supplemental general State aid for the | 17 | | improvement of
instruction in which priority is given to | 18 | | meeting the education needs of
disadvantaged children. Such | 19 | | plan shall be submitted in accordance with
rules and | 20 | | regulations promulgated by the State Board of Education. | 21 | | (4) School districts with an Average Daily Attendance of | 22 | | 50,000 or more
that qualify for supplemental general State aid | 23 | | pursuant to this subsection
shall be required to distribute | 24 | | from funds available pursuant to this Section,
no less than | 25 | | $261,000,000 in accordance with the following requirements: | 26 | | (a) The required amounts shall be distributed to the |
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| 1 | | attendance centers
within the district in proportion to the | 2 | | number of pupils enrolled at each
attendance center who are | 3 | | eligible to receive free or reduced-price lunches or
| 4 | | breakfasts under the federal Child Nutrition Act of 1966 | 5 | | and under the National
School Lunch Act during the | 6 | | immediately preceding school year. | 7 | | (b) The distribution of these portions of supplemental | 8 | | and general State
aid among attendance centers according to | 9 | | these requirements shall not be
compensated for or | 10 | | contravened by adjustments of the total of other funds
| 11 | | appropriated to any attendance centers, and the Board of | 12 | | Education shall
utilize funding from one or several sources | 13 | | in order to fully implement this
provision annually prior | 14 | | to the opening of school. | 15 | | (c) Each attendance center shall be provided by the
| 16 | | school district a distribution of noncategorical funds and | 17 | | other
categorical funds to which an attendance center is | 18 | | entitled under law in
order that the general State aid and | 19 | | supplemental general State aid provided
by application of | 20 | | this subsection supplements rather than supplants the
| 21 | | noncategorical funds and other categorical funds provided | 22 | | by the school
district to the attendance centers. | 23 | | (d) Any funds made available under this subsection that | 24 | | by reason of the
provisions of this subsection are not
| 25 | | required to be allocated and provided to attendance centers | 26 | | may be used and
appropriated by the board of the district |
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| 1 | | for any lawful school purpose. | 2 | | (e) Funds received by an attendance center
pursuant to | 3 | | this
subsection shall be used
by the attendance center at | 4 | | the discretion
of the principal and local school council | 5 | | for programs to improve educational
opportunities at | 6 | | qualifying schools through the following programs and
| 7 | | services: early childhood education, reduced class size or | 8 | | improved adult to
student classroom ratio, enrichment | 9 | | programs, remedial assistance, attendance
improvement, and | 10 | | other educationally beneficial expenditures which
| 11 | | supplement
the regular and basic programs as determined by | 12 | | the State Board of Education.
Funds provided shall not be | 13 | | expended for any political or lobbying purposes
as defined | 14 | | by board rule. | 15 | | (f) Each district subject to the provisions of this | 16 | | subdivision (H)(4)
shall submit an
acceptable plan to meet | 17 | | the educational needs of disadvantaged children, in
| 18 | | compliance with the requirements of this paragraph, to the | 19 | | State Board of
Education prior to July 15 of each year. | 20 | | This plan shall be consistent with the
decisions of local | 21 | | school councils concerning the school expenditure plans
| 22 | | developed in accordance with part 4 of Section 34-2.3. The | 23 | | State Board shall
approve or reject the plan within 60 days | 24 | | after its submission. If the plan is
rejected, the district | 25 | | shall give written notice of intent to modify the plan
| 26 | | within 15 days of the notification of rejection and then |
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| 1 | | submit a modified plan
within 30 days after the date of the | 2 | | written notice of intent to modify.
Districts may amend | 3 | | approved plans pursuant to rules promulgated by the State
| 4 | | Board of Education. | 5 | | Upon notification by the State Board of Education that | 6 | | the district has
not submitted a plan prior to July 15 or a | 7 | | modified plan within the time
period specified herein, the
| 8 | | State aid funds affected by that plan or modified plan | 9 | | shall be withheld by the
State Board of Education until a | 10 | | plan or modified plan is submitted. | 11 | | If the district fails to distribute State aid to | 12 | | attendance centers in
accordance with an approved plan, the | 13 | | plan for the following year shall
allocate funds, in | 14 | | addition to the funds otherwise required by this
| 15 | | subsection, to those attendance centers which were | 16 | | underfunded during the
previous year in amounts equal to | 17 | | such underfunding. | 18 | | For purposes of determining compliance with this | 19 | | subsection in relation
to the requirements of attendance | 20 | | center funding, each district subject to the
provisions of | 21 | | this
subsection shall submit as a separate document by | 22 | | December 1 of each year a
report of expenditure data for | 23 | | the prior year in addition to any
modification of its | 24 | | current plan. If it is determined that there has been
a | 25 | | failure to comply with the expenditure provisions of this | 26 | | subsection
regarding contravention or supplanting, the |
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| 1 | | State Superintendent of
Education shall, within 60 days of | 2 | | receipt of the report, notify the
district and any affected | 3 | | local school council. The district shall within
45 days of | 4 | | receipt of that notification inform the State | 5 | | Superintendent of
Education of the remedial or corrective | 6 | | action to be taken, whether by
amendment of the current | 7 | | plan, if feasible, or by adjustment in the plan
for the | 8 | | following year. Failure to provide the expenditure report | 9 | | or the
notification of remedial or corrective action in a | 10 | | timely manner shall
result in a withholding of the affected | 11 | | funds. | 12 | | The State Board of Education shall promulgate rules and | 13 | | regulations
to implement the provisions of this | 14 | | subsection. No funds shall be released
under this | 15 | | subdivision (H)(4) to any district that has not submitted a | 16 | | plan
that has been approved by the State Board of | 17 | | Education.
| 18 | | (I) (Blank).
| 19 | | (J) (Blank).
| 20 | | (K) Grants to Laboratory and Alternative Schools. | 21 | | In calculating the amount to be paid to the governing board | 22 | | of a public
university that operates a laboratory school under | 23 | | this Section or to any
alternative school that is operated by a |
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| 1 | | regional superintendent of schools,
the State
Board of | 2 | | Education shall require by rule such reporting requirements as | 3 | | it
deems necessary. | 4 | | As used in this Section, "laboratory school" means a public | 5 | | school which is
created and operated by a public university and | 6 | | approved by the State Board of
Education. The governing board | 7 | | of a public university which receives funds
from the State | 8 | | Board under this subsection (K) may not increase the number of
| 9 | | students enrolled in its laboratory
school from a single | 10 | | district, if that district is already sending 50 or more
| 11 | | students, except under a mutual agreement between the school | 12 | | board of a
student's district of residence and the university | 13 | | which operates the
laboratory school. A laboratory school may | 14 | | not have more than 1,000 students,
excluding students with | 15 | | disabilities in a special education program. | 16 | | As used in this Section, "alternative school" means a | 17 | | public school which is
created and operated by a Regional | 18 | | Superintendent of Schools and approved by
the State Board of | 19 | | Education. Such alternative schools may offer courses of
| 20 | | instruction for which credit is given in regular school | 21 | | programs, courses to
prepare students for the high school | 22 | | equivalency testing program or vocational
and occupational | 23 | | training. A regional superintendent of schools may contract
| 24 | | with a school district or a public community college district | 25 | | to operate an
alternative school. An alternative school serving | 26 | | more than one educational
service region may be established by |
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| 1 | | the regional superintendents of schools
of the affected | 2 | | educational service regions. An alternative school
serving | 3 | | more than one educational service region may be operated under | 4 | | such
terms as the regional superintendents of schools of those | 5 | | educational service
regions may agree. | 6 | | Each laboratory and alternative school shall file, on forms | 7 | | provided by the
State Superintendent of Education, an annual | 8 | | State aid claim which states the
Average Daily Attendance of | 9 | | the school's students by month. The best 3 months'
Average | 10 | | Daily Attendance shall be computed for each school.
The general | 11 | | State aid entitlement shall be computed by multiplying the
| 12 | | applicable Average Daily Attendance by the Foundation Level as | 13 | | determined under
this Section.
| 14 | | (L) Payments, Additional Grants in Aid and Other Requirements. | 15 | | (1) For a school district operating under the financial | 16 | | supervision
of an Authority created under Article 34A, the | 17 | | general State aid otherwise
payable to that district under this | 18 | | Section, but not the supplemental general
State aid, shall be | 19 | | reduced by an amount equal to the budget for
the operations of | 20 | | the Authority as certified by the Authority to the State
Board | 21 | | of Education, and an amount equal to such reduction shall be | 22 | | paid
to the Authority created for such district for its | 23 | | operating expenses in
the manner provided in Section 18-11. The | 24 | | remainder
of general State school aid for any such district | 25 | | shall be paid in accordance
with Article 34A when that Article |
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| 1 | | provides for a disposition other than that
provided by this | 2 | | Article. | 3 | | (2) (Blank). | 4 | | (3) Summer school. Summer school payments shall be made as | 5 | | provided in
Section 18-4.3.
| 6 | | (M) Education Funding Advisory Board. | 7 | | The Education Funding Advisory
Board, hereinafter in this | 8 | | subsection (M) referred to as the "Board", is hereby
created. | 9 | | The Board
shall consist of 5 members who are appointed by the | 10 | | Governor, by and with the
advice and consent of the Senate. The | 11 | | members appointed shall include
representatives of education, | 12 | | business, and the general public. One of the
members so | 13 | | appointed shall be
designated by the Governor at the time the | 14 | | appointment is made as the
chairperson of the
Board.
The | 15 | | initial members of the Board may
be appointed any time after | 16 | | the effective date of this amendatory Act of
1997. The regular | 17 | | term of each member of the
Board shall be for 4 years from the | 18 | | third Monday of January of the
year in which the term of the | 19 | | member's appointment is to commence, except that
of the 5 | 20 | | initial members appointed to serve on the
Board, the member who | 21 | | is appointed as the chairperson shall serve for
a term that | 22 | | commences on the date of his or her appointment and expires on | 23 | | the
third Monday of January, 2002, and the remaining 4 members, | 24 | | by lots drawn at
the first meeting of the Board that is
held
| 25 | | after all 5 members are appointed, shall determine 2 of their |
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| 1 | | number to serve
for terms that commence on the date of their
| 2 | | respective appointments and expire on the third
Monday of | 3 | | January, 2001,
and 2 of their number to serve for terms that | 4 | | commence
on the date of their respective appointments and | 5 | | expire on the third Monday
of January, 2000. All members | 6 | | appointed to serve on the
Board shall serve until their | 7 | | respective successors are
appointed and confirmed. Vacancies | 8 | | shall be filled in the same manner as
original appointments. If | 9 | | a vacancy in membership occurs at a time when the
Senate is not | 10 | | in session, the Governor shall make a temporary appointment | 11 | | until
the next meeting of the Senate, when he or she shall | 12 | | appoint, by and with the
advice and consent of the Senate, a | 13 | | person to fill that membership for the
unexpired term. If the | 14 | | Senate is not in session when the initial appointments
are | 15 | | made, those appointments shall
be made as in the case of | 16 | | vacancies. | 17 | | The Education Funding Advisory Board shall be deemed | 18 | | established,
and the initial
members appointed by the Governor | 19 | | to serve as members of the
Board shall take office,
on the date | 20 | | that the
Governor makes his or her appointment of the fifth | 21 | | initial member of the
Board, whether those initial members are | 22 | | then serving
pursuant to appointment and confirmation or | 23 | | pursuant to temporary appointments
that are made by the | 24 | | Governor as in the case of vacancies. | 25 | | The State Board of Education shall provide such staff | 26 | | assistance to the
Education Funding Advisory Board as is |
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| 1 | | reasonably required for the proper
performance by the Board of | 2 | | its responsibilities. | 3 | | For school years after the 2000-2001 school year, the | 4 | | Education
Funding Advisory Board, in consultation with the | 5 | | State Board of Education,
shall make recommendations as | 6 | | provided in this subsection (M) to the General
Assembly for the | 7 | | foundation level under subdivision (B)(3) of this Section and
| 8 | | for the
supplemental general State aid grant level under | 9 | | subsection (H) of this Section
for districts with high | 10 | | concentrations of children from poverty. The
recommended | 11 | | foundation level shall be determined based on a methodology | 12 | | which
incorporates the basic education expenditures of | 13 | | low-spending schools
exhibiting high academic performance. The | 14 | | Education Funding Advisory Board
shall make such | 15 | | recommendations to the General Assembly on January 1 of odd
| 16 | | numbered years, beginning January 1, 2001.
| 17 | | (N) (Blank).
| 18 | | (O) References. | 19 | | (1) References in other laws to the various subdivisions of
| 20 | | Section 18-8 as that Section existed before its repeal and | 21 | | replacement by this
Section 18-8.05 shall be deemed to refer to | 22 | | the corresponding provisions of
this Section 18-8.05, to the | 23 | | extent that those references remain applicable. | 24 | | (2) References in other laws to State Chapter 1 funds shall |
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| 1 | | be deemed to
refer to the supplemental general State aid | 2 | | provided under subsection (H) of
this Section. | 3 | | (P) Public Act 93-838 and Public Act 93-808 make inconsistent | 4 | | changes to this Section. Under Section 6 of the Statute on | 5 | | Statutes there is an irreconcilable conflict between Public Act | 6 | | 93-808 and Public Act 93-838. Public Act 93-838, being the last | 7 | | acted upon, is controlling. The text of Public Act 93-838 is | 8 | | the law regardless of the text of Public Act 93-808. | 9 | | (Source: P.A. 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, | 10 | | eff. 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; | 11 | | 96-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff. | 12 | | 11-18-10; 97-339, eff. 8-12-11; 97-351, eff. 8-12-11; 97-742, | 13 | | eff. 6-30-13; 97-813, eff. 7-13-12 .) | 14 | | (105 ILCS 5/21B-75) | 15 | | Sec. 21B-75. Suspension or revocation of license. | 16 | | (a) As used in this Section, "teacher" means any school | 17 | | district employee regularly required to be licensed, as | 18 | | provided in this Article, in order to teach or supervise in the | 19 | | public schools. | 20 | | (b) The State Superintendent of Education has the exclusive | 21 | | authority, in accordance with this Section and any rules | 22 | | adopted by the State Board of Education, in consultation with | 23 | | the State Educator Preparation and Licensure Board, to initiate | 24 | | the suspension of up to 5 calendar years or revocation of any |
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| 1 | | license issued pursuant to this Article for abuse or neglect of | 2 | | a child, immorality, a condition of health detrimental to the | 3 | | welfare of pupils, incompetency, unprofessional conduct (which | 4 | | includes the failure to disclose on an employment application | 5 | | any previous conviction for a sex offense, as defined in | 6 | | Section 21B-80 of this Code, or any other offense committed in | 7 | | any other state or against the laws of the United States that, | 8 | | if committed in this State, would be punishable as a sex | 9 | | offense, as defined in Section 21B-80 of this Code), the | 10 | | neglect of any professional duty, willful failure to report an | 11 | | instance of suspected child abuse or neglect as required by the | 12 | | Abused and Neglected Child Reporting Act, failure to establish | 13 | | satisfactory repayment on an educational loan guaranteed by the | 14 | | Illinois Student Assistance Commission, or other just cause. | 15 | | Unprofessional conduct shall include the refusal to attend or | 16 | | participate in institutes, teachers' meetings, or professional | 17 | | readings or to meet other reasonable requirements of the | 18 | | regional superintendent of schools or State Superintendent of | 19 | | Education. Unprofessional conduct also includes conduct that | 20 | | violates the standards, ethics, or rules applicable to the | 21 | | security, administration, monitoring, or scoring of or the | 22 | | reporting of scores from any assessment test or examination | 23 | | administered under Section 2-3.64a-5 2-3.64 of this Code or | 24 | | that is known or intended to produce or report manipulated or | 25 | | artificial, rather than actual, assessment or achievement | 26 | | results or gains from the administration of those tests or |
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| 1 | | examinations. Unprofessional conduct shall also include | 2 | | neglect or unnecessary delay in the making of statistical and | 3 | | other reports required by school officers. Incompetency shall | 4 | | include, without limitation, 2 or more school terms of service | 5 | | for which the license holder has received an unsatisfactory | 6 | | rating on a performance evaluation conducted pursuant to | 7 | | Article 24A of this Code within a period of 7 school terms of | 8 | | service. In determining whether to initiate action against one | 9 | | or more licenses based on incompetency and the recommended | 10 | | sanction for such action, the State Superintendent shall | 11 | | consider factors that include without limitation all of the | 12 | | following: | 13 | | (1) Whether the unsatisfactory evaluation ratings | 14 | | occurred prior to June 13, 2011 (the effective date of | 15 | | Public Act 97-8). | 16 | | (2) Whether the unsatisfactory evaluation ratings | 17 | | occurred prior to or after the implementation date, as | 18 | | defined in Section 24A-2.5 of this Code, of an evaluation | 19 | | system for teachers in a school district. | 20 | | (3) Whether the evaluator or evaluators who performed | 21 | | an unsatisfactory evaluation met the pre-licensure and | 22 | | training requirements set forth in Section 24A-3 of this | 23 | | Code. | 24 | | (4) The time between the unsatisfactory evaluation | 25 | | ratings. | 26 | | (5) The quality of the remediation plans associated |
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| 1 | | with the unsatisfactory evaluation ratings and whether the | 2 | | license holder successfully completed the remediation | 3 | | plans. | 4 | | (6) Whether the unsatisfactory evaluation ratings were | 5 | | related to the same or different assignments performed by | 6 | | the license holder. | 7 | | (7) Whether one or more of the unsatisfactory | 8 | | evaluation ratings occurred in the first year of a teaching | 9 | | or administrative assignment. | 10 | | When initiating an action against one or more licenses, the | 11 | | State Superintendent may seek required professional | 12 | | development as a sanction in lieu of or in addition to | 13 | | suspension or revocation. Any such required professional | 14 | | development must be at the expense of the license holder, who | 15 | | may use, if available and applicable to the requirements | 16 | | established by administrative or court order, training, | 17 | | coursework, or other professional development funds in | 18 | | accordance with the terms of an applicable collective | 19 | | bargaining agreement entered into after June 13, 2011 (the | 20 | | effective date of Public Act 97-8), unless that agreement | 21 | | specifically precludes use of funds for such purpose. | 22 | | (c) The State Superintendent of Education shall, upon | 23 | | receipt of evidence of abuse or neglect of a child, immorality, | 24 | | a condition of health detrimental to the welfare of pupils, | 25 | | incompetency (subject to subsection (b) of this Section), | 26 | | unprofessional conduct, the neglect of any professional duty, |
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| 1 | | or other just cause, further investigate and, if and as | 2 | | appropriate, serve written notice to the individual and afford | 3 | | the individual opportunity for a hearing prior to suspension, | 4 | | revocation, or other sanction; provided that the State | 5 | | Superintendent is under no obligation to initiate such an | 6 | | investigation if the Department of Children and Family Services | 7 | | is investigating the same or substantially similar allegations | 8 | | and its child protective service unit has not made its | 9 | | determination, as required under Section 7.12 of the Abused and | 10 | | Neglected Child Reporting Act. If the State Superintendent of | 11 | | Education does not receive from an individual a request for a | 12 | | hearing within 10 days after the individual receives notice, | 13 | | the suspension, revocation, or other sanction shall | 14 | | immediately take effect in accordance with the notice. If a | 15 | | hearing is requested within 10 days after notice of an | 16 | | opportunity for hearing, it shall act as a stay of proceedings | 17 | | until the State Educator Preparation and Licensure Board issues | 18 | | a decision. Any hearing shall take place in the educational | 19 | | service region where the educator is or was last employed and | 20 | | in accordance with rules adopted by the State Board of | 21 | | Education, in consultation with the State Educator Preparation | 22 | | and Licensure Board, and such rules shall include without | 23 | | limitation provisions for discovery and the sharing of | 24 | | information between parties prior to the hearing. The standard | 25 | | of proof for any administrative hearing held pursuant to this | 26 | | Section shall be by the preponderance of the evidence. The |
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| 1 | | decision of the State Educator Preparation and Licensure Board | 2 | | is a final administrative decision and is subject to judicial | 3 | | review by appeal of either party. | 4 | | The State Board of Education may refuse to issue or may | 5 | | suspend the license of any person who fails to file a return or | 6 | | to pay the tax, penalty, or interest shown in a filed return or | 7 | | to pay any final assessment of tax, penalty, or interest, as | 8 | | required by any tax Act administered by the Department of | 9 | | Revenue, until such time as the requirements of any such tax | 10 | | Act are satisfied. | 11 | | The exclusive authority of the State Superintendent of | 12 | | Education to initiate suspension or revocation of a license | 13 | | pursuant to this Section does not preclude a regional | 14 | | superintendent of schools from cooperating with the State | 15 | | Superintendent or a State's Attorney with respect to an | 16 | | investigation of alleged misconduct. | 17 | | (d) The State Superintendent of Education or his or her | 18 | | designee may initiate and conduct such investigations as may be | 19 | | reasonably necessary to establish the existence of any alleged | 20 | | misconduct. At any stage of the investigation, the State | 21 | | Superintendent may issue a subpoena requiring the attendance | 22 | | and testimony of a witness, including the license holder, and | 23 | | the production of any evidence, including files, records, | 24 | | correspondence, or documents, relating to any matter in | 25 | | question in the investigation. The subpoena shall require a | 26 | | witness to appear at the State Board of Education at a |
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| 1 | | specified date and time and shall specify any evidence to be | 2 | | produced. The license holder is not entitled to be present, but | 3 | | the State Superintendent shall provide the license holder with | 4 | | a copy of any recorded testimony prior to a hearing under this | 5 | | Section. Such recorded testimony must not be used as evidence | 6 | | at a hearing, unless the license holder has adequate notice of | 7 | | the testimony and the opportunity to cross-examine the witness. | 8 | | Failure of a license holder to comply with a duly issued, | 9 | | investigatory subpoena may be grounds for revocation, | 10 | | suspension, or denial of a license. | 11 | | (e) All correspondence, documentation, and other | 12 | | information so received by the regional superintendent of | 13 | | schools, the State Superintendent of Education, the State Board | 14 | | of Education, or the State Educator Preparation and Licensure | 15 | | Board under this Section is confidential and must not be | 16 | | disclosed to third parties, except (i) as necessary for the | 17 | | State Superintendent of Education or his or her designee to | 18 | | investigate and prosecute pursuant to this Article, (ii) | 19 | | pursuant to a court order, (iii) for disclosure to the license | 20 | | holder or his or her representative, or (iv) as otherwise | 21 | | required in this Article and provided that any such information | 22 | | admitted into evidence in a hearing is exempt from this | 23 | | confidentiality and non-disclosure requirement. | 24 | | (f) The State Superintendent of Education or a person | 25 | | designated by him or her shall have the power to administer | 26 | | oaths to witnesses at any hearing conducted before the State |
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| 1 | | Educator Preparation and Licensure Board pursuant to this | 2 | | Section. The State Superintendent of Education or a person | 3 | | designated by him or her is authorized to subpoena and bring | 4 | | before the State Educator Preparation and Licensure Board any | 5 | | person in this State and to take testimony either orally or by | 6 | | deposition or by exhibit, with the same fees and mileage and in | 7 | | the same manner as prescribed by law in judicial proceedings in | 8 | | civil cases in circuit courts of this State. | 9 | | (g) Any circuit court, upon the application of the State | 10 | | Superintendent of Education or the license holder, may, by | 11 | | order duly entered, require the attendance of witnesses and the | 12 | | production of relevant books and papers as part of any | 13 | | investigation or at any hearing the State Educator Preparation | 14 | | and Licensure Board is authorized to conduct pursuant to this | 15 | | Section, and the court may compel obedience to its orders by | 16 | | proceedings for contempt. | 17 | | (h) The State Board of Education shall receive an annual | 18 | | line item appropriation to cover fees associated with the | 19 | | investigation and prosecution of alleged educator misconduct | 20 | | and hearings related thereto.
| 21 | | (Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff. | 22 | | 6-13-11; 97-813, eff. 7-13-12.)
| 23 | | (105 ILCS 5/27A-4)
| 24 | | Sec. 27A-4. General Provisions.
| 25 | | (a) The General Assembly does not intend to alter or amend |
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| 1 | | the provisions
of any court-ordered desegregation plan in | 2 | | effect for any school district. A
charter school shall be | 3 | | subject to all federal and State laws and
constitutional | 4 | | provisions prohibiting discrimination on the basis of
| 5 | | disability, race, creed, color, gender, national origin, | 6 | | religion, ancestry,
marital status, or need for special | 7 | | education services.
| 8 | | (b) The total number of charter schools operating under | 9 | | this Article at any
one time shall not exceed 120. Not more | 10 | | than 70 charter
schools
shall operate at any one time in any | 11 | | city having a population exceeding
500,000, with at least 5 | 12 | | charter schools devoted exclusively to students from | 13 | | low-performing or overcrowded schools operating at any one time | 14 | | in that city; and not more than 45
charter schools shall | 15 | | operate at any one time in the remainder of the State, with not
| 16 | | more than one charter school that
has been initiated by a board | 17 | | of education, or
by an intergovernmental agreement between or | 18 | | among boards of education,
operating at any one
time in the | 19 | | school district where the charter school is located. In | 20 | | addition to these charter schools, up to but no more than 5 | 21 | | charter schools devoted exclusively to re-enrolled high school | 22 | | dropouts and/or students 16 or 15 years old at risk of dropping | 23 | | out may operate at any one time in any city having a population | 24 | | exceeding 500,000. Notwithstanding any provision to the | 25 | | contrary in subsection (b) of Section 27A-5 of this Code, each | 26 | | such dropout charter may operate up to 15 campuses within the |
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| 1 | | city. Any of these dropout charters may have a maximum of 1,875 | 2 | | enrollment seats, any one of the campuses of the dropout | 3 | | charter may have a maximum of 165 enrollment seats, and each | 4 | | campus of the dropout charter must be operated, through a | 5 | | contract or payroll, by the same legal entity as that for which | 6 | | the charter is approved and certified.
| 7 | | For purposes of implementing this Section, the State Board | 8 | | shall assign a
number to each charter submission it receives | 9 | | under Section 27A-6 for its
review and certification, based on | 10 | | the chronological order in which the
submission is received by | 11 | | it. The State Board shall promptly notify local
school boards | 12 | | when the maximum numbers of certified charter schools | 13 | | authorized
to operate have been reached.
| 14 | | (c) No charter shall be granted under this Article that | 15 | | would convert any
existing private, parochial, or non-public | 16 | | school to a charter school.
| 17 | | (d) Enrollment in a charter school shall be open to any | 18 | | pupil who resides
within the geographic boundaries of the area | 19 | | served by the local school board, provided that the board of | 20 | | education in a city having a population exceeding 500,000 may | 21 | | designate attendance boundaries for no more than one-third of | 22 | | the charter schools permitted in the city if the board of | 23 | | education determines that attendance boundaries are needed to | 24 | | relieve overcrowding or to better serve low-income and at-risk | 25 | | students. Students residing within an attendance boundary may | 26 | | be given priority for enrollment, but must not be required to |
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| 1 | | attend the charter school.
| 2 | | (e) Nothing in this Article shall prevent 2 or more local | 3 | | school boards from
jointly
issuing a charter to a single shared | 4 | | charter school, provided that all of the
provisions of this | 5 | | Article are met as to those local school boards.
| 6 | | (f) No local school board shall require any employee of the | 7 | | school district
to be employed in a charter school.
| 8 | | (g) No local school board shall require any pupil residing | 9 | | within the
geographic boundary of its district to enroll in a | 10 | | charter school.
| 11 | | (h) If there are more eligible applicants for enrollment in | 12 | | a charter school
than there are spaces available, successful | 13 | | applicants shall be selected by
lottery. However, priority | 14 | | shall be given to siblings of pupils enrolled in
the charter | 15 | | school and to pupils who were enrolled in the charter school | 16 | | the
previous school year, unless expelled for cause, and | 17 | | priority may be given to pupils residing within the charter | 18 | | school's attendance boundary, if a boundary has been designated | 19 | | by the board of education in a city having a population | 20 | | exceeding 500,000. Dual enrollment at both a
charter school and | 21 | | a public school or non-public school shall not be allowed.
A | 22 | | pupil who is suspended or expelled from a charter school shall | 23 | | be deemed to
be suspended or expelled from the public schools | 24 | | of the school district in
which the pupil resides. | 25 | | Notwithstanding anything to the contrary in this subsection | 26 | | (h): |
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| 1 | | (1) any charter school with a mission exclusive to | 2 | | educating high school dropouts may grant priority | 3 | | admission to students who are high school dropouts and/or | 4 | | students 16 or 15 years old at risk of dropping out and any | 5 | | charter school with a mission exclusive to educating | 6 | | students from low-performing or overcrowded schools may | 7 | | restrict admission to students who are from low-performing | 8 | | or overcrowded schools; "priority admission" for charter | 9 | | schools exclusively devoted to re-enrolled dropouts or | 10 | | students at risk of dropping out means a minimum of 90% of | 11 | | students enrolled shall be high school dropouts; and
| 12 | | (2) any charter school located in a school district | 13 | | that contains all or part of a federal military base may | 14 | | set aside up to 33% of its current charter enrollment to | 15 | | students with parents assigned to the federal military | 16 | | base, with the remaining 67% subject to the general | 17 | | enrollment and lottery requirements of subsection (d) of | 18 | | this Section and this subsection (h); if a student with a | 19 | | parent assigned to the federal military base withdraws from | 20 | | the charter school during the course of a school year for | 21 | | reasons other than grade promotion, those students with | 22 | | parents assigned to the federal military base shall have | 23 | | preference in filling the vacancy. | 24 | | (i) (Blank).
| 25 | | (j) Notwithstanding any other provision of law to the | 26 | | contrary, a
school district in a city having a population |
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| 1 | | exceeding 500,000 shall not
have a duty to collectively bargain | 2 | | with an exclusive representative of its
employees over | 3 | | decisions to grant or deny a charter school proposal
under | 4 | | Section 27A-8 of this Code, decisions to renew or revoke a | 5 | | charter
under Section 27A-9 of this Code, and the impact of | 6 | | these decisions,
provided that nothing in this Section shall | 7 | | have the effect of negating,
abrogating, replacing, reducing, | 8 | | diminishing, or limiting in any way
employee rights, | 9 | | guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, | 10 | | 14, and 15 of the Illinois Educational Labor Relations Act.
| 11 | | (k) In this Section: | 12 | | "Low-performing school" means a public school in a school | 13 | | district organized under Article 34 of this Code that enrolls | 14 | | students in any of grades kindergarten through 8 and that is | 15 | | ranked within the lowest 10% of schools in that district in | 16 | | terms of the percentage of students meeting or exceeding | 17 | | standards on the assessments required under Section 2-3.64a-5 | 18 | | of this Code Illinois Standards Achievement Test . | 19 | | "Overcrowded school" means a public school in a school | 20 | | district organized under Article 34 of this Code that (i) | 21 | | enrolls students in any of grades kindergarten through 8, (ii) | 22 | | has a percentage of low-income students of 70% or more, as | 23 | | identified in the most recently available School Report Card | 24 | | published by the State Board of Education, and (iii) is | 25 | | determined by the Chicago Board of Education to be in the most | 26 | | severely overcrowded 5% of schools in the district. On or |
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| 1 | | before November 1 of each year, the Chicago Board of Education | 2 | | shall file a report with the State Board of Education on which | 3 | | schools in the district meet the definition of "overcrowded | 4 | | school". "Students at risk of dropping out" means students 16 | 5 | | or 15 years old in a public school in a district organized | 6 | | under Article 34 of this Code that enrolls students in any | 7 | | grades 9-12 who have been absent at least 90 school attendance | 8 | | days of the previous 180 school attendance days. | 9 | | (Source: P.A. 97-151, eff. 1-1-12; 97-624, eff. 11-28-11; | 10 | | 97-813, eff. 7-13-12; 98-474, eff. 8-16-13.)
| 11 | | (105 ILCS 5/27A-6)
| 12 | | Sec. 27A-6. Contract contents; applicability of laws and | 13 | | regulations.
| 14 | | (a) A certified charter shall constitute a binding contract | 15 | | and agreement
between
the charter school and a local school | 16 | | board under the terms of which the local
school board | 17 | | authorizes the governing body of the charter school to operate | 18 | | the
charter
school on the terms specified in the contract.
| 19 | | (b) Notwithstanding any other provision of this Article, | 20 | | the certified
charter
may
not waive or release the charter | 21 | | school from the State goals, standards, and
assessments | 22 | | established pursuant to Section 2-3.64a-5 of this Code 2-3.64 .
| 23 | | Beginning with the 2003-2004 school year, the certified charter | 24 | | for a charter
school operating in a city having a population | 25 | | exceeding 500,000 shall
require the charter school to |
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| 1 | | administer any other nationally recognized
standardized tests | 2 | | to its students that the chartering entity administers to
other
| 3 | | students, and the results on such tests shall be included in | 4 | | the
chartering entity's assessment reports.
| 5 | | (c) Subject to the provisions of subsection (e), a material | 6 | | revision to a
previously certified contract or a renewal shall | 7 | | be made with
the approval of both the local school board and | 8 | | the governing body of the
charter school.
| 9 | | (c-5) The proposed contract shall include a provision on | 10 | | how both parties
will address minor violations of the contract.
| 11 | | (d) The proposed contract between the governing body of a | 12 | | proposed charter
school and the local school board as described | 13 | | in Section 27A-7 must be
submitted to and certified by the | 14 | | State Board before it can take effect. If
the State Board | 15 | | recommends that the proposed contract be modified for
| 16 | | consistency with this Article before it can be certified, the | 17 | | modifications
must be consented to by both the governing body | 18 | | of
the charter school and the local school board, and | 19 | | resubmitted to the State
Board for its certification. If the | 20 | | proposed contract is resubmitted in a form
that is not | 21 | | consistent with this Article, the State
Board may refuse to | 22 | | certify the charter.
| 23 | | The State Board shall assign a number to each submission or | 24 | | resubmission in
chronological order of receipt, and shall | 25 | | determine whether the proposed
contract is consistent with the | 26 | | provisions of this Article. If the proposed
contract complies, |
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| 1 | | the State Board shall so certify.
| 2 | | (e) No material revision to a previously certified contract | 3 | | or a renewal
shall be effective unless and until the State | 4 | | Board certifies that the revision
or renewal is consistent with | 5 | | the provisions of this Article.
| 6 | | (Source: P.A. 93-3, eff. 4-16-03.)
| 7 | | (105 ILCS 5/34-8.14)
| 8 | | Sec. 34-8.14. Non-waivable provisions. Notwithstanding | 9 | | anything in this the
School Code to
the contrary, statutes, | 10 | | regulations, rules, and policy provisions concerning
the | 11 | | following shall not be waivable:
| 12 | | (1) student Student civil rights;
| 13 | | (2) staff Staff civil rights;
| 14 | | (3) health Health and safety;
| 15 | | (4) performance Performance and financial audits;
| 16 | | (5) Local School Council provisions, including | 17 | | required statements of
economic disclosure;
| 18 | | (6) the The Open Meetings Act;
| 19 | | (7) the The Freedom of Information Act;
| 20 | | (8) the assessments required under Section 2-3.64a-5 | 21 | | of this Code The Illinois goals assessment program ;
| 22 | | (9) Chicago learning outcomes;
| 23 | | (10) Sections 2-3.25a through 2-3.25j of this the | 24 | | School Code; and
| 25 | | (11) collective Collective bargaining agreements.
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| 1 | | (Source: P.A. 89-3, eff. 2-27-95.)
| 2 | | (105 ILCS 5/2-3.64 rep.)
| 3 | | (105 ILCS 5/2-3.64a rep.) | 4 | | Section 10. The School Code is amended by repealing | 5 | | Sections 2-3.64 and 2-3.64a.
| 6 | | Section 99. Effective date. This Act takes effect July 1, | 7 | | 2014.
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