Full Text of SB2096 101st General Assembly
SB2096enr 101ST 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 | | 2-3.155, 2-3.170, 14-7.03, 18-3, 18-8.15, 28-1, 28-4, 28-7, | 6 | | 28-8, 28-9, and 28-21 as follows: | 7 | | (105 ILCS 5/2-3.155) | 8 | | Sec. 2-3.155. Textbook block grant program. | 9 | | (a) The provisions of this Section are in the public | 10 | | interest, for the public benefit, and serve secular public | 11 | | purposes. | 12 | | (b) As used in this Section, "textbook" means any book or | 13 | | book substitute that a pupil uses as a text or text substitute, | 14 | | including electronic textbooks. "Textbook" includes books, | 15 | | reusable workbooks, manuals, whether bound or in loose-leaf | 16 | | form, instructional computer software, and electronic | 17 | | textbooks and the technological equipment necessary to gain | 18 | | access to and use electronic textbooks intended as a principal | 19 | | source of study material for a given class or group of | 20 | | students. "Textbook" also includes science curriculum | 21 | | materials in a kit format that includes pre-packaged consumable | 22 | | materials if (i) it is shown that the materials serve as a | 23 | | textbook substitute, (ii) the materials are for use by the |
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| 1 | | pupils as a principal learning source, (iii) each component of | 2 | | the materials is integrally necessary to teach the requirements | 3 | | of the intended course, (iv) the kit includes teacher guidance | 4 | | materials, and (v) the purchase of individual consumable | 5 | | materials is not allowed. | 6 | | (c) Subject Beginning July 1, 2011, subject to annual | 7 | | appropriation by the General Assembly, the State Board of | 8 | | Education is authorized to provide annual funding to public | 9 | | school districts and State-recognized, non-public schools | 10 | | serving students in grades kindergarten through 12 for the | 11 | | purchase of selected textbooks. The textbooks authorized to be | 12 | | purchased under this Section are limited without exception to | 13 | | textbooks that have been preapproved and designated by the | 14 | | State Board of Education for use in any public school and that | 15 | | are secular, non-religious, and non-sectarian. The State Board | 16 | | of Education shall annually publish a list of the textbooks | 17 | | authorized to be purchased under this Section. Each public | 18 | | school district and State-recognized, non-public school shall, | 19 | | subject to appropriations for that purpose, receive a per pupil | 20 | | grant for the purchase of secular textbooks. The per pupil | 21 | | grant amount must be calculated by the State Board of Education | 22 | | utilizing the total appropriation
made for these purposes | 23 | | divided by the most current student
enrollment data available. | 24 | | (d) The State Board of Education may adopt rules as | 25 | | necessary for the implementation of this Section and to ensure | 26 | | the religious neutrality of the textbook block grant program, |
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| 1 | | as well as provide for the monitoring of all textbooks | 2 | | authorized in this Section to be purchased directly by | 3 | | State-recognized, nonpublic schools serving students in grades | 4 | | kindergarten through 12.
| 5 | | (Source: P.A. 97-570, eff. 8-25-11; 97-813, eff. 7-13-12.) | 6 | | (105 ILCS 5/2-3.170) | 7 | | Sec. 2-3.170. Property tax relief pool grants. | 8 | | (a) As used in this Section, | 9 | | "EAV" means equalized assessed valuation as defined under | 10 | | Section 18-8.15 of this Code. | 11 | | "Property tax multiplier" equals one minus the square of | 12 | | the school district's Local Capacity Percentage, as defined in | 13 | | Section 18-8.15 of this Code. | 14 | | "Local capacity percentage multiplier" means one minus the | 15 | | school district's Local Capacity Percentage, as defined in | 16 | | Section 18-8.15. | 17 | | "State Board" means the State Board of Education. | 18 | | "Unit equivalent tax rate" means the Adjusted Operating Tax | 19 | | Rate, as defined in Section 18-8.15 of this Code, multiplied by | 20 | | a factor of 1 for unit school districts, 13/9 for elementary | 21 | | school districts, and 13/4 for high school districts. | 22 | | (b) Subject to appropriation, the State Board shall provide | 23 | | grants to eligible school districts that provide tax relief to | 24 | | the school district's residents, which may be no greater than | 25 | | 1% of EAV for a unit district, 0.69% of EAV for an elementary |
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| 1 | | school district, or 0.31% of EAV for a high school district, as | 2 | | provided in this Section. | 3 | | (b-5) Each year, the State Board shall set a threshold | 4 | | above which any school district in this State may apply for | 5 | | property tax relief under this Section. School districts may | 6 | | apply for property tax this relief under this Section | 7 | | concurrently to setting their levy for the fiscal year. The | 8 | | intended relief may not be greater than 1% of the EAV for a | 9 | | unit district, 0.69% of the EAV for an elementary school | 10 | | district, or 0.31% of the EAV for a high school district , | 11 | | multiplied by the school district's local capacity percentage | 12 | | multiplier . The State Board shall process applications for | 13 | | relief, providing a grant to those districts with the highest | 14 | | operating tax rate, as determined by those districts with the | 15 | | highest percentage of the simple average operating tax rate of | 16 | | districts of the same type, either elementary, high school, or | 17 | | unit, the highest unit equivalent tax rate first, in an amount | 18 | | equal to the intended relief multiplied by the property tax | 19 | | multiplier. The State Board shall provide grants to school | 20 | | districts in order of priority until the property tax relief | 21 | | pool is exhausted. If more school districts apply for relief | 22 | | under this subsection than there are funds available, the State | 23 | | Board must distribute the grants and prorate any remaining | 24 | | funds to the final school district that qualifies for grant | 25 | | relief. The abatement amount for that district must be equal to | 26 | | the grant amount divided by the property tax multiplier. |
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| 1 | | If a school district receives the State Board's approval of | 2 | | a grant under this Section by March 1 of the fiscal year, the | 3 | | school district shall present a duly authorized and approved | 4 | | abatement resolution by March 30 of the fiscal year to the | 5 | | county clerk of each county in which the school files its levy , | 6 | | authorizing the county clerk to lower the school district's | 7 | | levy by the amount designated in its application to the State | 8 | | Board. When the preceding requisites are satisfied, the county | 9 | | clerk shall reduce the amount collected for the school district | 10 | | by the amount indicated in the school district's abatement | 11 | | resolution for that fiscal year. | 12 | | (c) (Blank). Each year, the State Board shall publish an | 13 | | estimated threshold unit equivalent tax rate. School districts | 14 | | whose adjusted operating tax rate, as defined in this Section, | 15 | | is greater than the estimated threshold unit equivalent tax | 16 | | rate are eligible for relief under this Section. This estimated | 17 | | tax rate shall be based on the most recent available data | 18 | | provided by school districts pursuant to Section 18-8.15 of | 19 | | this Code. The State Board shall estimate this property tax | 20 | | rate based on the amount appropriated to the grant program and | 21 | | the assumption that a set of school districts, based on | 22 | | criteria established by the State Board, will apply for grants | 23 | | under this Section. The criteria shall be based on reasonable | 24 | | assumptions about when school districts will apply for the | 25 | | grant. | 26 | | (d) School districts seeking grants under this Section |
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| 1 | | shall apply to the State Board each year. All applications to | 2 | | the State Board for grants shall include the amount of the tax | 3 | | relief intended by the school district. | 4 | | (e) Each year, based on the most recent available data | 5 | | provided by school districts pursuant to Section 18-8.15 of | 6 | | this Code, the State Board shall calculate the order of | 7 | | priority for grant eligibility under subsection (b-5) the unit | 8 | | equivalent tax rate, based on the applications received by the | 9 | | State Board, above which the appropriations are sufficient to | 10 | | provide relief and publish a list of the school districts | 11 | | eligible for relief. The State Board shall first provide grants | 12 | | in the manner provided under subsection (b-5) to those | 13 | | districts with the highest unit equivalent tax rates . | 14 | | (f) The State Board shall publish a final list of eligible | 15 | | grant recipients and provide payment of the grants by March 1 | 16 | | of each year. | 17 | | (g) If notice of eligibility payment from the State Board | 18 | | is received by a school district by March 1, then by March 30, | 19 | | the school district shall file an abatement of its property tax | 20 | | levy in an amount equal to the grant received under this | 21 | | Section divided by the property tax multiplier. Payment of all | 22 | | grant amounts shall be made by June 1 each fiscal year. The | 23 | | State Superintendent of Education shall establish the timeline | 24 | | in such cases in which notice cannot be made by March 1. | 25 | | (h) The total property tax relief allowable to a school | 26 | | district under this Section shall be calculated based on the |
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| 1 | | total amount of reduction in the school district's aggregate | 2 | | extension. The total grant shall be equal to the reduction, | 3 | | multiplied by the property tax multiplier. The reduction shall | 4 | | be equal limited to the lesser of (i) 1% of a district's EAV | 5 | | for a unit school district, 0.69% for an elementary school | 6 | | district, or 0.31% for a high school district , multiplied by | 7 | | the school district's local capacity percentage multiplier or | 8 | | (ii) the amount that the unit equivalent tax rate is greater | 9 | | than the threshold unit equivalent tax rate determined by the | 10 | | State Board, multiplied by the school district's EAV. If clause | 11 | | (ii) of this subsection (h) is the lesser value and the | 12 | | difference between the school district's unit equivalent tax | 13 | | rate and the threshold unit equivalent tax rate is less than | 14 | | 1%, then the difference is multiplied by 1 for a unit school | 15 | | district, by 0.69 for an elementary school district, or by 0.31 | 16 | | for a high school district . | 17 | | (i) If the State Board does not expend all appropriations | 18 | | allocated pursuant to this Section, then any remaining funds | 19 | | shall be allocated pursuant to Section 18-8.15 of this Code. | 20 | | (j) The State Board shall prioritize payments under Section | 21 | | 18-8.15 of this Code over payments under this Section, if | 22 | | necessary. | 23 | | (k) Any grants received by a school district shall be | 24 | | included in future calculations of that school district's Base | 25 | | Funding Minimum under Section 18-8.15 of this Code. Beginning | 26 | | with Fiscal Year 2020, if a school district receives a grant |
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| 1 | | under this Section, the school district must present to the | 2 | | county clerk a duly authorized and approved abatement | 3 | | resolution by March 30 for the year in which the school | 4 | | district receives the grant and the successive fiscal year | 5 | | following the receipt of the grant, authorizing the county | 6 | | clerk to lower the school district's levy by the amount | 7 | | designated in its original application to the State Board. | 8 | | After receiving a resolution, the county clerk must reduce the | 9 | | amount collected for the school district by the amount | 10 | | indicated in the school district's abatement resolution for | 11 | | that fiscal year. If a school district does not abate in this | 12 | | amount for the successive fiscal year, the grant amount may not | 13 | | be included in the school district's Base Funding Minimum under | 14 | | Section 18-8.15 in the fiscal year following the tax year in | 15 | | which the abatement is not authorized and in any future fiscal | 16 | | year thereafter, and the county clerk must notify the State | 17 | | Board of the increase no later 30 days after it occurs. | 18 | | (l) In the tax year following receipt of a Property Tax | 19 | | Pool Relief Grant, the aggregate levy of any school district | 20 | | receiving a grant under this Section, for purposes of the | 21 | | Property Tax Extension Limitation Law, shall include the tax | 22 | | relief the school district provided in the previous taxable | 23 | | year under this Section.
| 24 | | (Source: P.A. 100-465, eff. 8-31-17; 100-582, eff. 3-23-18; | 25 | | 100-863, eff. 8-14-18.) |
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| 1 | | (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
| 2 | | Sec. 14-7.03. Special education classes Education Classes | 3 | | for children Children from orphanages Orphanages ,
foster | 4 | | family homes, children's homes Foster Family Homes, Children's | 5 | | Homes , or in State residential units Housing Units . If a
school | 6 | | district maintains special education classes on the site of
| 7 | | orphanages and children's homes, or if children from the | 8 | | orphanages,
children's homes, foster family homes, other State | 9 | | agencies, or State
residential units for children attend | 10 | | classes for children with disabilities
in which the school | 11 | | district is a participating member of a joint
agreement, or if | 12 | | the children from the orphanages, children's homes,
foster | 13 | | family homes, other State agencies, or State residential units
| 14 | | attend classes for the children with disabilities maintained by | 15 | | the school
district, then reimbursement shall be paid to | 16 | | eligible districts in
accordance with the provisions of this | 17 | | Section by the Comptroller as directed
by the State | 18 | | Superintendent of Education.
| 19 | | The amount of tuition for such children shall be determined | 20 | | by the
actual cost of maintaining such classes, using the per | 21 | | capita cost formula
set forth in Section 14-7.01, such program | 22 | | and cost to be pre-approved by
the State Superintendent of | 23 | | Education.
| 24 | | If a school district makes a claim for reimbursement under | 25 | | Section
18-3 or 18-4 of this Code Act it shall not include in | 26 | | any claim filed under
this Section a claim for such children. |
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| 1 | | Payments authorized by law,
including State or federal grants | 2 | | for education of children included in
this Section, shall be | 3 | | deducted in determining the tuition amount.
| 4 | | Nothing in this Code Act shall be construed so as to | 5 | | prohibit
reimbursement for the tuition of children placed in | 6 | | for profit facilities.
Private facilities shall provide | 7 | | adequate space at the
facility for special education classes | 8 | | provided by a school district or
joint agreement for children | 9 | | with disabilities who are
residents of the
facility at no cost | 10 | | to the school district or joint agreement upon
request of the | 11 | | school district or joint agreement. If such a private
facility | 12 | | provides space at no cost to the district or joint agreement
| 13 | | for special education classes provided to children with
| 14 | | disabilities who are
residents of the facility, the district or | 15 | | joint agreement shall not
include any costs for the use of | 16 | | those facilities in its claim for
reimbursement.
| 17 | | Reimbursement for tuition may include the cost of providing | 18 | | summer
school programs for children with severe and profound | 19 | | disabilities served
under this Section. Claims for that | 20 | | reimbursement shall be filed by
November 1 and shall be paid on | 21 | | or before December 15 from
appropriations made for the purposes | 22 | | of this Section.
| 23 | | The State Board of Education shall establish such rules and
| 24 | | regulations as may be necessary to implement the provisions of | 25 | | this
Section.
| 26 | | Claims filed on behalf of programs operated under this |
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| 1 | | Section housed in an orphanage, children's home, private | 2 | | facility, State residential unit, district or joint agreement | 3 | | site, a
jail, detention center, or county-owned shelter care | 4 | | facility
shall be on an individual student basis only for
| 5 | | eligible students with disabilities. These claims shall be in | 6 | | accordance with
applicable rules.
| 7 | | Each district claiming reimbursement for a program | 8 | | operated as a group
program shall have an approved budget on | 9 | | file with the State Board of
Education prior to the initiation | 10 | | of the program's operation. On September
30, December 31, and | 11 | | March 31, the State Board of Education shall voucher
payments | 12 | | to group programs based upon the approved budget during the | 13 | | year
of operation. Final claims for group payments shall be | 14 | | filed on or before
July 15. Final claims for group programs | 15 | | received at the State
Board of
Education on or before June 15 | 16 | | shall be vouchered by June 30. Final claims
received at the | 17 | | State Board of Education between June 16 and July 15
shall be | 18 | | vouchered by August 30. Claims for group programs
received
| 19 | | after July 15 shall not be honored.
| 20 | | Each district claiming reimbursement for individual | 21 | | students shall have the
eligibility of those students verified | 22 | | by the State Board of Education. On
September 30, December 31, | 23 | | and March 31, the State Board of Education shall
voucher | 24 | | payments for individual students based upon an estimated cost
| 25 | | calculated from the prior year's claim. Final claims for | 26 | | individual students
for the regular school term must be |
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| 1 | | received at the State Board of Education by June
July 15. | 2 | | Claims for individual students received after June July 15 | 3 | | shall not
be honored. Claims received by June 15 may be amended | 4 | | until August 1. Final claims for individual students shall be | 5 | | vouchered by
August 31 30 .
However, notwithstanding any other | 6 | | provisions of this Section or this Code, if the amount | 7 | | appropriated for any fiscal year is less than the amount | 8 | | required for purposes of this Section, the amount required to | 9 | | eliminate any insufficient reimbursement for each district | 10 | | claim under this Section shall be reimbursed on August 31 of | 11 | | the next fiscal year. Payments required to eliminate any | 12 | | insufficiency for prior fiscal year claims shall be made before | 13 | | any claims are paid for the current fiscal year.
| 14 | | Reimbursement shall be made based upon approved group | 15 | | programs or
individual students. The State Superintendent of | 16 | | Education shall direct the
Comptroller to pay a specified | 17 | | amount to the district by the 30th day of
September, December, | 18 | | March, June, or August, respectively. However,
notwithstanding | 19 | | any other provisions of this Section or the School Code,
| 20 | | beginning with fiscal year 1994 and each fiscal year | 21 | | thereafter, if the amount appropriated for any fiscal year
is | 22 | | less than the amount required for purposes of this Section, the | 23 | | amount
required to eliminate any insufficient reimbursement | 24 | | for each district claim
under this Section shall be reimbursed | 25 | | on August 30 of the next fiscal
year. Payments required to | 26 | | eliminate any insufficiency for prior
fiscal year claims shall |
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| 1 | | be made before any claims are paid for the current
fiscal year.
| 2 | | The claim of a school district otherwise eligible to be | 3 | | reimbursed in
accordance with Section 14-12.01 for the 1976-77 | 4 | | school year but for
this amendatory Act of 1977 shall not be | 5 | | paid unless the district ceases
to maintain such classes for | 6 | | one entire school year.
| 7 | | If a school district's current reimbursement payment for | 8 | | the 1977-78
school year only is less than the prior year's | 9 | | reimbursement payment
owed, the district shall be paid the | 10 | | amount of the difference between
the payments in addition to | 11 | | the current reimbursement payment, and the
amount so paid shall | 12 | | be subtracted from the amount of prior year's
reimbursement | 13 | | payment owed to the district.
| 14 | | Regional superintendents may operate special education | 15 | | classes for
children from orphanages, foster family homes, | 16 | | children's homes , or State residential
housing units located | 17 | | within the educational services region upon consent
of the | 18 | | school board otherwise so obligated. In electing to assume the
| 19 | | powers and duties of a school district in providing and | 20 | | maintaining such a
special education program, the regional | 21 | | superintendent may enter into joint
agreements with other | 22 | | districts and may contract with public or private
schools or | 23 | | the orphanage, foster family home, children's home , or State | 24 | | residential
housing unit for provision of the special education | 25 | | program. The regional
superintendent exercising the powers | 26 | | granted under this Section shall be reimbursed for the actual |
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| 1 | | cost of providing such programs by the resident district as | 2 | | defined in Section 14-1.11a claim
the reimbursement authorized | 3 | | by this Section directly from the State Board
of Education .
| 4 | | Any child who is not a resident of Illinois who is placed | 5 | | in a child
welfare institution, private facility, foster family | 6 | | home, State operated
program, orphanage , or children's home | 7 | | shall have the payment for his
educational tuition and any | 8 | | related services assured by the placing agent.
| 9 | | For each student with a disability who is placed in a | 10 | | residential facility by an Illinois public
agency or by any | 11 | | court in this State, the costs for educating the student
are | 12 | | eligible for reimbursement under this Section.
| 13 | | The district of residence of the student with a disability | 14 | | as
defined in Section 14-1.11a is responsible for the actual | 15 | | costs of
the student's special education program and is | 16 | | eligible for reimbursement under
this Section when placement is | 17 | | made by a State agency or the courts.
| 18 | | When a dispute arises over the determination of the | 19 | | district of
residence under this Section, the district or | 20 | | districts may appeal the decision in writing to
the State | 21 | | Superintendent of Education, who, upon review of materials | 22 | | submitted and any other items or information he or she may | 23 | | request for submission, shall issue a written decision on the | 24 | | matter. The decision of the State
Superintendent of Education | 25 | | shall be final.
| 26 | | In the event a district does not make a tuition
payment to |
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| 1 | | another district that is providing the special education
| 2 | | program and services, the State Board of Education shall | 3 | | immediately
withhold 125% of
the then remaining annual tuition | 4 | | cost from the State aid or categorical
aid payment due to the
| 5 | | school district that is determined to be the resident school | 6 | | district. All
funds withheld by the State Board of Education | 7 | | shall immediately be
forwarded to the
school district where the | 8 | | student is being served.
| 9 | | When a child eligible for services under this Section | 10 | | 14-7.03 must be
placed in a nonpublic facility, that facility | 11 | | shall meet the programmatic
requirements of Section 14-7.02 and | 12 | | its regulations, and the educational
services shall be funded | 13 | | only in accordance with this Section 14-7.03.
| 14 | | (Source: P.A. 98-739, eff. 7-16-14; 99-143, eff. 7-27-15.)
| 15 | | (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
| 16 | | Sec. 18-3. Tuition of children from orphanages and | 17 | | children's homes.
When the children from any home for orphans, | 18 | | dependent, abandoned or
maladjusted children maintained by any | 19 | | organization or association
admitting to such home children | 20 | | from the State in general or when children
residing in a school | 21 | | district wherein the State of Illinois maintains and
operates | 22 | | any welfare or penal institution on property owned by
the State | 23 | | of Illinois, which contains houses, housing units or housing
| 24 | | accommodations within a school district, attend grades | 25 | | kindergarten through
12 of the public schools maintained by |
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| 1 | | that school district, the
State Superintendent of Education | 2 | | shall direct the State Comptroller to
pay a specified amount | 3 | | sufficient to pay the annual tuition cost of such
children who | 4 | | attended such public schools during the regular school year
| 5 | | ending on June 30. The
Comptroller shall pay the amount after | 6 | | receipt of a voucher
submitted by the State Superintendent of | 7 | | Education.
| 8 | | The amount of the tuition for such children attending the | 9 | | public schools
of the district shall be determined by the State | 10 | | Superintendent of
Education by multiplying the number of such | 11 | | children in average daily
attendance in such schools by 1.2 | 12 | | times the total annual per capita cost of
administering the | 13 | | schools of the district. Such total annual per capita
cost | 14 | | shall be determined by totaling all expenses of the school | 15 | | district in
the educational, operations and maintenance, bond | 16 | | and interest,
transportation, Illinois municipal retirement, | 17 | | and rent funds for the
school year preceding the filing of such | 18 | | tuition claims less expenditures
not applicable to the regular | 19 | | K-12 program, less offsetting revenues from
State sources | 20 | | except those from the common school fund, less offsetting
| 21 | | revenues from federal sources except those from federal | 22 | | impaction aid, less
student and community service revenues, | 23 | | plus a depreciation allowance; and
dividing such total by the | 24 | | average daily attendance for the year.
| 25 | | Annually on or before June July 15 the superintendent of | 26 | | the district shall certify to the State Superintendent of |
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| 1 | | Education the following:
| 2 | | 1. The name of the home and of the organization or | 3 | | association
maintaining it; or the legal description of the | 4 | | real estate upon which the
house, housing units, or housing | 5 | | accommodations are located and that no
taxes or service | 6 | | charges or other payments authorized by law to be made in
| 7 | | lieu of taxes were collected therefrom or on account | 8 | | thereof during either
of the calendar years included in the | 9 | | school year for which claim is being
made;
| 10 | | 2. The number of children from the home or living in | 11 | | such houses,
housing units or housing accommodations and | 12 | | attending the schools of the
district;
| 13 | | 3. The total number of children attending the schools | 14 | | of the district;
| 15 | | 4. The per capita tuition charge of the district; and
| 16 | | 5. The computed amount of the tuition payment claimed | 17 | | as due.
| 18 | | Whenever the persons in charge of such home for orphans, | 19 | | dependent, abandoned
or maladjusted children have received | 20 | | from the parent or guardian of any such
child or by virtue of | 21 | | an order of court a specific allowance for educating
such | 22 | | child, such persons shall pay to the school board in the | 23 | | district
where the child attends school such amount of the | 24 | | allowance as is necessary
to pay the tuition required by such | 25 | | district for the education of the
child. If the allowance is | 26 | | insufficient to pay the tuition in full the
State |
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| 1 | | Superintendent of Education shall direct the Comptroller to pay | 2 | | to
the district the difference between the total tuition | 3 | | charged and the
amount of the allowance.
| 4 | | Whenever the facilities of a school district in which such | 5 | | house,
housing units or housing accommodations are located, are | 6 | | limited, pupils
may be assigned by that district to the schools | 7 | | of any adjacent district to
the limit of the facilities of the | 8 | | adjacent district to properly educate
such pupils as shall be | 9 | | determined by the school board of the adjacent
district, and | 10 | | the State Superintendent of Education shall direct the
| 11 | | Comptroller to pay a specified amount sufficient to pay the | 12 | | annual tuition
of the children so assigned to and attending | 13 | | public schools in the adjacent
districts and the Comptroller | 14 | | shall draw his warrant upon the State
Treasurer for the payment | 15 | | of such amount for the benefit of the adjacent
school districts | 16 | | in the same manner as for districts in which the houses,
| 17 | | housing units or housing accommodations are located.
| 18 | | The school district shall certify to the State | 19 | | Superintendent of Education
the report of claims due for such | 20 | | tuition payments on or before
July 15. The
State Superintendent | 21 | | of Education shall direct the Comptroller to pay to the
| 22 | | district, on or before August 15, the amount due the district | 23 | | for the school
year in accordance with the calculation of the | 24 | | claim as set forth in this
Section.
| 25 | | Summer session costs shall be reimbursed based on the | 26 | | actual expenditures for providing these services. On or before |
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| 1 | | November 1 of each year, the superintendent of each eligible | 2 | | school district shall certify to the State Superintendent of | 3 | | Education the claim of the district for the summer session | 4 | | following the regular school year just ended. The State | 5 | | Superintendent of Education shall transmit to the Comptroller | 6 | | no later than December 15th of each year vouchers for payment | 7 | | of amounts due to school districts for summer session. | 8 | | Claims for tuition for children from any home for orphans | 9 | | or dependent,
abandoned, or maladjusted children beginning | 10 | | with the 1993-1994 school year
shall be paid on a current year | 11 | | basis. On September 30, December 31, and
March 31, the State | 12 | | Board of Education shall voucher payments for districts
with | 13 | | those students based on an estimated cost calculated from the | 14 | | prior
year's claim. The school district shall certify to the | 15 | | State Superintendent of Education the report of claims due for | 16 | | such tuition payments on or before June 15. Claims received by | 17 | | June 15 may be amended until August 1. The State Superintendent | 18 | | of Education shall direct the State Comptroller to pay to the | 19 | | district, on or before August 31, the amount due for the | 20 | | district for the school year in accordance with the calculation | 21 | | of the claim as set forth in this Section. Final claims for | 22 | | those students for the regular school term
must be received at | 23 | | the State Board of Education by July 15
following the end of | 24 | | the regular school year. Final claims for those students
shall | 25 | | be vouchered by August 30. During fiscal year 1994 both the | 26 | | 1992-1993
school year and the 1993-1994 school year shall be |
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| 1 | | paid in order to change the
cycle of payment from a | 2 | | reimbursement basis to a current year funding basis of
payment. | 3 | | However, notwithstanding any other provisions of this Section | 4 | | or the
School Code, beginning with fiscal year 1994 and each | 5 | | fiscal year thereafter, if the amount appropriated for any | 6 | | fiscal year is
less than the amount required for purposes of | 7 | | this Section, the amount required
to eliminate any insufficient | 8 | | reimbursement for each district claim under this
Section shall | 9 | | be reimbursed on August 31 30 of the next fiscal year. Payments | 10 | | required to eliminate any insufficiency for prior fiscal
year | 11 | | claims shall be made before any claims are paid for the current | 12 | | fiscal
year.
| 13 | | If a school district makes a claim for reimbursement under | 14 | | Section 14-7.03 it shall not include in any claim filed under | 15 | | this Section
children residing on the property of State | 16 | | institutions included in its
claim under Section 14-7.03.
| 17 | | Any child who is not a resident of Illinois who is placed | 18 | | in a child
welfare institution, private facility, State | 19 | | operated program, orphanage
or children's home shall have the | 20 | | payment for his educational tuition and
any related services | 21 | | assured by the placing agent.
| 22 | | In order to provide services appropriate to allow a student | 23 | | under the legal
guardianship or custodianship of the State to | 24 | | participate in local school
district educational programs, | 25 | | costs may be incurred in appropriate cases by
the
district that | 26 | | are in excess of 1.2 times the district per capita tuition |
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| 1 | | charge
allowed under the provisions of this Section. In the | 2 | | event such excess costs
are incurred, they must be documented | 3 | | in accordance with cost rules established
under the authority | 4 | | of this Section and may then be claimed for reimbursement
under | 5 | | this Section.
| 6 | | Planned services for students eligible for this funding | 7 | | must be a
collaborative effort between the appropriate State | 8 | | agency or the student's
group home or institution and the local | 9 | | school district.
| 10 | | (Source: P.A. 96-734, eff. 8-25-09; 97-256, eff. 1-1-12.)
| 11 | | (105 ILCS 5/18-8.15) | 12 | | Sec. 18-8.15. Evidence-based funding for student success | 13 | | for the 2017-2018 and subsequent school years. | 14 | | (a) General provisions. | 15 | | (1) The purpose of this Section is to ensure that, by | 16 | | June 30, 2027 and beyond, this State has a kindergarten | 17 | | through grade 12 public education system with the capacity | 18 | | to ensure the educational development of all persons to the | 19 | | limits of their capacities in accordance with Section 1 of | 20 | | Article X of the Constitution of the State of Illinois. To | 21 | | accomplish that objective, this Section creates a method of | 22 | | funding public education that is evidence-based; is | 23 | | sufficient to ensure every student receives a meaningful | 24 | | opportunity to learn irrespective of race, ethnicity, | 25 | | sexual orientation, gender, or community-income level; and |
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| 1 | | is sustainable and predictable. When fully funded under | 2 | | this Section, every school shall have the resources, based | 3 | | on what the evidence indicates is needed, to: | 4 | | (A) provide all students with a high quality | 5 | | education that offers the academic, enrichment, social | 6 | | and emotional support, technical, and career-focused | 7 | | programs that will allow them to become competitive | 8 | | workers, responsible parents, productive citizens of | 9 | | this State, and active members of our national | 10 | | democracy; | 11 | | (B) ensure all students receive the education they | 12 | | need to graduate from high school with the skills | 13 | | required to pursue post-secondary education and | 14 | | training for a rewarding career; | 15 | | (C) reduce, with a goal of eliminating, the | 16 | | achievement gap between at-risk and non-at-risk | 17 | | students by raising the performance of at-risk | 18 | | students and not by reducing standards; and | 19 | | (D) ensure this State satisfies its obligation to | 20 | | assume the primary responsibility to fund public | 21 | | education and simultaneously relieve the | 22 | | disproportionate burden placed on local property taxes | 23 | | to fund schools. | 24 | | (2) The evidence-based funding formula under this | 25 | | Section shall be applied to all Organizational Units in | 26 | | this State. The evidence-based funding formula outlined in |
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| 1 | | this Act is based on the formula outlined in Senate Bill 1 | 2 | | of the 100th General Assembly, as passed by both | 3 | | legislative chambers. As further defined and described in | 4 | | this Section, there are 4 major components of the | 5 | | evidence-based funding model: | 6 | | (A) First, the model calculates a unique adequacy | 7 | | target for each Organizational Unit in this State that | 8 | | considers the costs to implement research-based | 9 | | activities, the unit's student demographics, and | 10 | | regional wage difference. | 11 | | (B) Second, the model calculates each | 12 | | Organizational Unit's local capacity, or the amount | 13 | | each Organizational Unit is assumed to contribute | 14 | | towards its adequacy target from local resources. | 15 | | (C) Third, the model calculates how much funding | 16 | | the State currently contributes to the Organizational | 17 | | Unit, and adds that to the unit's local capacity to | 18 | | determine the unit's overall current adequacy of | 19 | | funding. | 20 | | (D) Finally, the model's distribution method | 21 | | allocates new State funding to those Organizational | 22 | | Units that are least well-funded, considering both | 23 | | local capacity and State funding, in relation to their | 24 | | adequacy target. | 25 | | (3) An Organizational Unit receiving any funding under | 26 | | this Section may apply those funds to any fund so received |
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| 1 | | for which that Organizational Unit is authorized to make | 2 | | expenditures by law. | 3 | | (4) As used in this Section, the following terms shall | 4 | | have the meanings ascribed in this paragraph (4): | 5 | | "Adequacy Target" is defined in paragraph (1) of | 6 | | subsection (b) of this Section. | 7 | | "Adjusted EAV" is defined in paragraph (4) of | 8 | | subsection (d) of this Section. | 9 | | "Adjusted Local Capacity Target" is defined in | 10 | | paragraph (3) of subsection (c) of this Section. | 11 | | "Adjusted Operating Tax Rate" means a tax rate for all | 12 | | Organizational Units, for which the State Superintendent | 13 | | shall calculate and subtract for the Operating Tax Rate a | 14 | | transportation rate based on total expenses for | 15 | | transportation services under this Code, as reported on the | 16 | | most recent Annual Financial Report in Pupil | 17 | | Transportation Services, function 2550 in both the | 18 | | Education and Transportation funds and functions 4110 and | 19 | | 4120 in the Transportation fund, less any corresponding | 20 | | fiscal year State of Illinois scheduled payments excluding | 21 | | net adjustments for prior years for regular, vocational, or | 22 | | special education transportation reimbursement pursuant to | 23 | | Section 29-5 or subsection (b) of Section 14-13.01 of this | 24 | | Code divided by the Adjusted EAV. If an Organizational | 25 | | Unit's corresponding fiscal year State of Illinois | 26 | | scheduled payments excluding net adjustments for prior |
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| 1 | | years for regular, vocational, or special education | 2 | | transportation reimbursement pursuant to Section 29-5 or | 3 | | subsection (b) of Section 14-13.01 of this Code exceed the | 4 | | total transportation expenses, as defined in this | 5 | | paragraph, no transportation rate shall be subtracted from | 6 | | the Operating Tax Rate. | 7 | | "Allocation Rate" is defined in paragraph (3) of | 8 | | subsection (g) of this Section. | 9 | | "Alternative School" means a public school that is | 10 | | created and operated by a regional superintendent of | 11 | | schools and approved by the State Board. | 12 | | "Applicable Tax Rate" is defined in paragraph (1) of | 13 | | subsection (d) of this Section. | 14 | | "Assessment" means any of those benchmark, progress | 15 | | monitoring, formative, diagnostic, and other assessments, | 16 | | in addition to the State accountability assessment, that | 17 | | assist teachers' needs in understanding the skills and | 18 | | meeting the needs of the students they serve. | 19 | | "Assistant principal" means a school administrator | 20 | | duly endorsed to be employed as an assistant principal in | 21 | | this State. | 22 | | "At-risk student" means a student who is at risk of not | 23 | | meeting the Illinois Learning Standards or not graduating | 24 | | from elementary or high school and who demonstrates a need | 25 | | for vocational support or social services beyond that | 26 | | provided by the regular school program. All students |
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| 1 | | included in an Organizational Unit's Low-Income Count, as | 2 | | well as all English learner and disabled students attending | 3 | | the Organizational Unit, shall be considered at-risk | 4 | | students under this Section. | 5 | | "Average Student Enrollment" or "ASE" for fiscal year | 6 | | 2018 means, for an Organizational Unit, the greater of the | 7 | | average number of students (grades K through 12) reported | 8 | | to the State Board as enrolled in the Organizational Unit | 9 | | on October 1 in the immediately preceding school year, plus | 10 | | the pre-kindergarten students who receive special | 11 | | education services of 2 or more hours a day as reported to | 12 | | the State Board on December 1 in the immediately preceding | 13 | | school year, or the average number of students (grades K | 14 | | through 12) reported to the State Board as enrolled in the | 15 | | Organizational Unit on October 1, plus the | 16 | | pre-kindergarten students who receive special education | 17 | | services of 2 or more hours a day as reported to the State | 18 | | Board on December 1, for each of the immediately preceding | 19 | | 3 school years. For fiscal year 2019 and each subsequent | 20 | | fiscal year, "Average Student Enrollment" or "ASE" means, | 21 | | for an Organizational Unit, the greater of the average | 22 | | number of students (grades K through 12) reported to the | 23 | | State Board as enrolled in the Organizational Unit on | 24 | | October 1 and March 1 in the immediately preceding school | 25 | | year, plus the pre-kindergarten students who receive | 26 | | special education services as reported to the State Board |
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| 1 | | on October 1 and March 1 in the immediately preceding | 2 | | school year, or the average number of students (grades K | 3 | | through 12) reported to the State Board as enrolled in the | 4 | | Organizational Unit on October 1 and March 1, plus the | 5 | | pre-kindergarten students who receive special education | 6 | | services as reported to the State Board on October 1 and | 7 | | March 1, for each of the immediately preceding 3 school | 8 | | years. For the purposes of this definition, "enrolled in | 9 | | the Organizational Unit" means the number of students | 10 | | reported to the State Board who are enrolled in schools | 11 | | within the Organizational Unit that the student attends or | 12 | | would attend if not placed or transferred to another school | 13 | | or program to receive needed services. For the purposes of | 14 | | calculating "ASE", all students, grades K through 12, | 15 | | excluding those attending kindergarten for a half day, | 16 | | shall be counted as 1.0. All students attending | 17 | | kindergarten for a half day shall be counted as 0.5, unless | 18 | | in 2017 by June 15 or by March 1 in subsequent years, the | 19 | | school district reports to the State Board of Education the | 20 | | intent to implement full-day kindergarten district-wide | 21 | | for all students, then all students attending kindergarten | 22 | | shall be counted as 1.0. Special education | 23 | | pre-kindergarten students shall be counted as 0.5 each. If | 24 | | the State Board does not collect or has not collected both | 25 | | an October 1 and March 1 enrollment count by grade or a | 26 | | December 1 collection of special education |
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| 1 | | pre-kindergarten students as of the effective date of this | 2 | | amendatory Act of the 100th General Assembly, it shall | 3 | | establish such collection for all future years. For any | 4 | | year where a count by grade level was collected only once, | 5 | | that count shall be used as the single count available for | 6 | | computing a 3-year average ASE. School districts shall | 7 | | submit the data for the ASE calculation to the State Board | 8 | | within 45 days of the dates required in this Section for | 9 | | submission of enrollment data in order for it to be | 10 | | included in the ASE calculation. For fiscal year 2018 only, | 11 | | the ASE calculation shall include only enrollment taken on | 12 | | October 1. | 13 | | "Base Funding Guarantee" is defined in paragraph (10) | 14 | | of subsection (g) of this Section. | 15 | | "Base Funding Minimum" is defined in subsection (e) of | 16 | | this Section. | 17 | | "Base Tax Year" means the property tax levy year used | 18 | | to calculate the Budget Year allocation of primary State | 19 | | aid. | 20 | | "Base Tax Year's Extension" means the product of the | 21 | | equalized assessed valuation utilized by the county clerk | 22 | | in the Base Tax Year multiplied by the limiting rate as | 23 | | calculated by the county clerk and defined in PTELL. | 24 | | "Bilingual Education Allocation" means the amount of | 25 | | an Organizational Unit's final Adequacy Target | 26 | | attributable to bilingual education divided by the |
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| 1 | | Organizational Unit's final Adequacy Target, the product | 2 | | of which shall be multiplied by the amount of new funding | 3 | | received pursuant to this Section. An Organizational | 4 | | Unit's final Adequacy Target attributable to bilingual | 5 | | education shall include all additional investments in | 6 | | English learner students' adequacy elements. | 7 | | "Budget Year" means the school year for which primary | 8 | | State aid is calculated and awarded under this Section. | 9 | | "Central office" means individual administrators and | 10 | | support service personnel charged with managing the | 11 | | instructional programs, business and operations, and | 12 | | security of the Organizational Unit. | 13 | | "Comparable Wage Index" or "CWI" means a regional cost | 14 | | differentiation metric that measures systemic, regional | 15 | | variations in the salaries of college graduates who are not | 16 | | educators. The CWI utilized for this Section shall, for the | 17 | | first 3 years of Evidence-Based Funding implementation, be | 18 | | the CWI initially developed by the National Center for | 19 | | Education Statistics, as most recently updated by Texas A & | 20 | | M University. In the fourth and subsequent years of | 21 | | Evidence-Based Funding implementation, the State | 22 | | Superintendent shall re-determine the CWI using a similar | 23 | | methodology to that identified in the Texas A & M | 24 | | University study, with adjustments made no less frequently | 25 | | than once every 5 years. | 26 | | "Computer technology and equipment" means computers |
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| 1 | | servers, notebooks, network equipment, copiers, printers, | 2 | | instructional software, security software, curriculum | 3 | | management courseware, and other similar materials and | 4 | | equipment. | 5 | | "Computer technology and equipment investment | 6 | | allocation" means the final Adequacy Target amount of an | 7 | | Organizational Unit assigned to Tier 1 or Tier 2 in the | 8 | | prior school year attributable to the additional $285.50 | 9 | | per student computer technology and equipment investment | 10 | | grant divided by the Organizational Unit's final Adequacy | 11 | | Target, the result of which shall be multiplied by the | 12 | | amount of new funding received pursuant to this Section. An | 13 | | Organizational Unit assigned to a Tier 1 or Tier 2 final | 14 | | Adequacy Target attributable to the received computer | 15 | | technology and equipment investment grant shall include | 16 | | all additional investments in computer technology and | 17 | | equipment adequacy elements. | 18 | | "Core subject" means mathematics; science; reading, | 19 | | English, writing, and language arts; history and social | 20 | | studies; world languages; and subjects taught as Advanced | 21 | | Placement in high schools. | 22 | | "Core teacher" means a regular classroom teacher in | 23 | | elementary schools and teachers of a core subject in middle | 24 | | and high schools. | 25 | | "Core Intervention teacher (tutor)" means a licensed | 26 | | teacher providing one-on-one or small group tutoring to |
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| 1 | | students struggling to meet proficiency in core subjects. | 2 | | "CPPRT" means corporate personal property replacement | 3 | | tax funds paid to an Organizational Unit during the | 4 | | calendar year one year before the calendar year in which a | 5 | | school year begins, pursuant to "An Act in relation to the | 6 | | abolition of ad valorem personal property tax and the | 7 | | replacement of revenues lost thereby, and amending and | 8 | | repealing certain Acts and parts of Acts in connection | 9 | | therewith", certified August 14, 1979, as amended (Public | 10 | | Act 81-1st S.S.-1). | 11 | | "EAV" means equalized assessed valuation as defined in | 12 | | paragraph (2) of subsection (d) of this Section and | 13 | | calculated in accordance with paragraph (3) of subsection | 14 | | (d) of this Section. | 15 | | "ECI" means the Bureau of Labor Statistics' national | 16 | | employment cost index for civilian workers in educational | 17 | | services in elementary and secondary schools on a | 18 | | cumulative basis for the 12-month calendar year preceding | 19 | | the fiscal year of the Evidence-Based Funding calculation. | 20 | | "EIS Data" means the employment information system | 21 | | data maintained by the State Board on educators within | 22 | | Organizational Units. | 23 | | "Employee benefits" means health, dental, and vision | 24 | | insurance offered to employees of an Organizational Unit, | 25 | | the costs associated with statutorily required payment of | 26 | | the normal cost of the Organizational Unit's teacher |
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| 1 | | pensions, Social Security employer contributions, and | 2 | | Illinois Municipal Retirement Fund employer contributions. | 3 | | "English learner" or "EL" means a child included in the | 4 | | definition of "English learners" under Section 14C-2 of | 5 | | this Code participating in a program of transitional | 6 | | bilingual education or a transitional program of | 7 | | instruction meeting the requirements and program | 8 | | application procedures of Article 14C of this Code. For the | 9 | | purposes of collecting the number of EL students enrolled, | 10 | | the same collection and calculation methodology as defined | 11 | | above for "ASE" shall apply to English learners, with the | 12 | | exception that EL student enrollment shall include | 13 | | students in grades pre-kindergarten through 12. | 14 | | "Essential Elements" means those elements, resources, | 15 | | and educational programs that have been identified through | 16 | | academic research as necessary to improve student success, | 17 | | improve academic performance, close achievement gaps, and | 18 | | provide for other per student costs related to the delivery | 19 | | and leadership of the Organizational Unit, as well as the | 20 | | maintenance and operations of the unit, and which are | 21 | | specified in paragraph (2) of subsection (b) of this | 22 | | Section. | 23 | | "Evidence-Based Funding" means State funding provided | 24 | | to an Organizational Unit pursuant to this Section. | 25 | | "Extended day" means academic and enrichment programs | 26 | | provided to students outside the regular school day before |
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| 1 | | and after school or during non-instructional times during | 2 | | the school day. | 3 | | "Extension Limitation Ratio" means a numerical ratio | 4 | | in which the numerator is the Base Tax Year's Extension and | 5 | | the denominator is the Preceding Tax Year's Extension. | 6 | | "Final Percent of Adequacy" is defined in paragraph (4) | 7 | | of subsection (f) of this Section. | 8 | | "Final Resources" is defined in paragraph (3) of | 9 | | subsection (f) of this Section. | 10 | | "Full-time equivalent" or "FTE" means the full-time | 11 | | equivalency compensation for staffing the relevant | 12 | | position at an Organizational Unit. | 13 | | "Funding Gap" is defined in paragraph (1) of subsection | 14 | | (g). | 15 | | "Guidance counselor" means a licensed guidance | 16 | | counselor who provides guidance and counseling support for | 17 | | students within an Organizational Unit. | 18 | | "Hybrid District" means a partial elementary unit | 19 | | district created pursuant to Article 11E of this Code. | 20 | | "Instructional assistant" means a core or special | 21 | | education, non-licensed employee who assists a teacher in | 22 | | the classroom and provides academic support to students. | 23 | | "Instructional facilitator" means a qualified teacher | 24 | | or licensed teacher leader who facilitates and coaches | 25 | | continuous improvement in classroom instruction; provides | 26 | | instructional support to teachers in the elements of |
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| 1 | | research-based instruction or demonstrates the alignment | 2 | | of instruction with curriculum standards and assessment | 3 | | tools; develops or coordinates instructional programs or | 4 | | strategies; develops and implements training; chooses | 5 | | standards-based instructional materials; provides teachers | 6 | | with an understanding of current research; serves as a | 7 | | mentor, site coach, curriculum specialist, or lead | 8 | | teacher; or otherwise works with fellow teachers, in | 9 | | collaboration, to use data to improve instructional | 10 | | practice or develop model lessons. | 11 | | "Instructional materials" means relevant instructional | 12 | | materials for student instruction, including, but not | 13 | | limited to, textbooks, consumable workbooks, laboratory | 14 | | equipment, library books, and other similar materials. | 15 | | "Laboratory School" means a public school that is | 16 | | created and operated by a public university and approved by | 17 | | the State Board. | 18 | | "Librarian" means a teacher with an endorsement as a | 19 | | library information specialist or another individual whose | 20 | | primary responsibility is overseeing library resources | 21 | | within an Organizational Unit. | 22 | | "Limiting rate for Hybrid Districts" means the | 23 | | combined elementary school and high school limited rates. | 24 | | "Local Capacity" is defined in paragraph (1) of | 25 | | subsection (c) of this Section. | 26 | | "Local Capacity Percentage" is defined in subparagraph |
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| 1 | | (A) of paragraph (2) of subsection (c) of this Section. | 2 | | "Local Capacity Ratio" is defined in subparagraph (B) | 3 | | of paragraph (2) of subsection (c) of this Section. | 4 | | "Local Capacity Target" is defined in paragraph (2) of | 5 | | subsection (c) of this Section. | 6 | | "Low-Income Count" means, for an Organizational Unit | 7 | | in a fiscal year, the higher of the average number of | 8 | | students for the prior school year or the immediately | 9 | | preceding 3 school years who, as of July 1 of the | 10 | | immediately preceding fiscal year (as determined by the | 11 | | Department of Human Services), are eligible for at least | 12 | | one of the following low income programs: Medicaid, the | 13 | | Children's Health Insurance Program, TANF, or the | 14 | | Supplemental Nutrition Assistance Program, excluding | 15 | | pupils who are eligible for services provided by the | 16 | | Department of Children and Family Services. Until such time | 17 | | that grade level low-income populations become available, | 18 | | grade level low-income populations shall be determined by | 19 | | applying the low-income percentage to total student | 20 | | enrollments by grade level. The low-income percentage is | 21 | | determined by dividing the Low-Income Count by the Average | 22 | | Student Enrollment. | 23 | | "Maintenance and operations" means custodial services, | 24 | | facility and ground maintenance, facility operations, | 25 | | facility security, routine facility repairs, and other | 26 | | similar services and functions. |
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| 1 | | "Minimum Funding Level" is defined in paragraph (9) of | 2 | | subsection (g) of this Section. | 3 | | "New Property Tax Relief Pool Funds" means, for any | 4 | | given fiscal year, all State funds appropriated under | 5 | | Section 2-3.170 of the School Code. | 6 | | "New State Funds" means, for a given school year, all | 7 | | State funds appropriated for Evidence-Based Funding in | 8 | | excess of the amount needed to fund the Base Funding | 9 | | Minimum for all Organizational Units in that school year. | 10 | | "Net State Contribution Target" means, for a given | 11 | | school year, the amount of State funds that would be | 12 | | necessary to fully meet the Adequacy Target of an | 13 | | Operational Unit minus the Preliminary Resources available | 14 | | to each unit. | 15 | | "Nurse" means an individual licensed as a certified | 16 | | school nurse, in accordance with the rules established for | 17 | | nursing services by the State Board, who is an employee of | 18 | | and is available to provide health care-related services | 19 | | for students of an Organizational Unit. | 20 | | "Operating Tax Rate" means the rate utilized in the | 21 | | previous year to extend property taxes for all purposes, | 22 | | except, Bond and Interest, Summer School, Rent, Capital | 23 | | Improvement, and Vocational Education Building purposes. | 24 | | For Hybrid Districts, the Operating Tax Rate shall be the | 25 | | combined elementary and high school rates utilized in the | 26 | | previous year to extend property taxes for all purposes, |
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| 1 | | except, Bond and Interest, Summer School, Rent, Capital | 2 | | Improvement, and Vocational Education Building purposes. | 3 | | "Organizational Unit" means a Laboratory School or any | 4 | | public school district that is recognized as such by the | 5 | | State Board and that contains elementary schools typically | 6 | | serving kindergarten through 5th grades, middle schools | 7 | | typically serving 6th through 8th grades, or high schools | 8 | | typically serving 9th through 12th grades. The General | 9 | | Assembly acknowledges that the actual grade levels served | 10 | | by a particular Organizational Unit may vary slightly from | 11 | | what is typical. | 12 | | "Organizational Unit CWI" is determined by calculating | 13 | | the CWI in the region and original county in which an | 14 | | Organizational Unit's primary administrative office is | 15 | | located as set forth in this paragraph, provided that if | 16 | | the Organizational Unit CWI as calculated in accordance | 17 | | with this paragraph is less than 0.9, the Organizational | 18 | | Unit CWI shall be increased to 0.9. Each county's current | 19 | | CWI value shall be adjusted based on the CWI value of that | 20 | | county's neighboring Illinois counties, to create a | 21 | | "weighted adjusted index value". This shall be calculated | 22 | | by summing the CWI values of all of a county's adjacent | 23 | | Illinois counties and dividing by the number of adjacent | 24 | | Illinois counties, then taking the weighted value of the | 25 | | original county's CWI value and the adjacent Illinois | 26 | | county average. To calculate this weighted value, if the |
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| 1 | | number of adjacent Illinois counties is greater than 2, the | 2 | | original county's CWI value will be weighted at 0.25 and | 3 | | the adjacent Illinois county average will be weighted at | 4 | | 0.75. If the number of adjacent Illinois counties is 2, the | 5 | | original county's CWI value will be weighted at 0.33 and | 6 | | the adjacent Illinois county average will be weighted at | 7 | | 0.66. The greater of the county's current CWI value and its | 8 | | weighted adjusted index value shall be used as the | 9 | | Organizational Unit CWI. | 10 | | "Preceding Tax Year" means the property tax levy year | 11 | | immediately preceding the Base Tax Year. | 12 | | "Preceding Tax Year's Extension" means the product of | 13 | | the equalized assessed valuation utilized by the county | 14 | | clerk in the Preceding Tax Year multiplied by the Operating | 15 | | Tax Rate. | 16 | | "Preliminary Percent of Adequacy" is defined in | 17 | | paragraph (2) of subsection (f) of this Section. | 18 | | "Preliminary Resources" is defined in paragraph (2) of | 19 | | subsection (f) of this Section. | 20 | | "Principal" means a school administrator duly endorsed | 21 | | to be employed as a principal in this State. | 22 | | "Professional development" means training programs for | 23 | | licensed staff in schools, including, but not limited to, | 24 | | programs that assist in implementing new curriculum | 25 | | programs, provide data focused or academic assessment data | 26 | | training to help staff identify a student's weaknesses and |
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| 1 | | strengths, target interventions, improve instruction, | 2 | | encompass instructional strategies for English learner, | 3 | | gifted, or at-risk students, address inclusivity, cultural | 4 | | sensitivity, or implicit bias, or otherwise provide | 5 | | professional support for licensed staff. | 6 | | "Prototypical" means 450 special education | 7 | | pre-kindergarten and kindergarten through grade 5 students | 8 | | for an elementary school, 450 grade 6 through 8 students | 9 | | for a middle school, and 600 grade 9 through 12 students | 10 | | for a high school. | 11 | | "PTELL" means the Property Tax Extension Limitation | 12 | | Law. | 13 | | "PTELL EAV" is defined in paragraph (4) of subsection | 14 | | (d) of this Section. | 15 | | "Pupil support staff" means a nurse, psychologist, | 16 | | social worker, family liaison personnel, or other staff | 17 | | member who provides support to at-risk or struggling | 18 | | students. | 19 | | "Real Receipts" is defined in paragraph (1) of | 20 | | subsection (d) of this Section. | 21 | | "Regionalization Factor" means, for a particular | 22 | | Organizational Unit, the figure derived by dividing the | 23 | | Organizational Unit CWI by the Statewide Weighted CWI. | 24 | | "School site staff" means the primary school secretary | 25 | | and any additional clerical personnel assigned to a school. | 26 | | "Special education" means special educational |
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| 1 | | facilities and services, as defined in Section 14-1.08 of | 2 | | this Code. | 3 | | "Special Education Allocation" means the amount of an | 4 | | Organizational Unit's final Adequacy Target attributable | 5 | | to special education divided by the Organizational Unit's | 6 | | final Adequacy Target, the product of which shall be | 7 | | multiplied by the amount of new funding received pursuant | 8 | | to this Section. An Organizational Unit's final Adequacy | 9 | | Target attributable to special education shall include all | 10 | | special education investment adequacy elements. | 11 | | "Specialist teacher" means a teacher who provides | 12 | | instruction in subject areas not included in core subjects, | 13 | | including, but not limited to, art, music, physical | 14 | | education, health, driver education, career-technical | 15 | | education, and such other subject areas as may be mandated | 16 | | by State law or provided by an Organizational Unit. | 17 | | "Specially Funded Unit" means an Alternative School, | 18 | | safe school, Department of Juvenile Justice school, | 19 | | special education cooperative or entity recognized by the | 20 | | State Board as a special education cooperative, | 21 | | State-approved charter school, or alternative learning | 22 | | opportunities program that received direct funding from | 23 | | the State Board during the 2016-2017 school year through | 24 | | any of the funding sources included within the calculation | 25 | | of the Base Funding Minimum or Glenwood Academy. | 26 | | "Supplemental Grant Funding" means supplemental |
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| 1 | | general State aid funding received by an Organization Unit | 2 | | during the 2016-2017 school year pursuant to subsection (H) | 3 | | of Section 18-8.05 of this Code (now repealed). | 4 | | "State Adequacy Level" is the sum of the Adequacy | 5 | | Targets of all Organizational Units. | 6 | | "State Board" means the State Board of Education. | 7 | | "State Superintendent" means the State Superintendent | 8 | | of Education. | 9 | | "Statewide Weighted CWI" means a figure determined by | 10 | | multiplying each Organizational Unit CWI times the ASE for | 11 | | that Organizational Unit creating a weighted value, | 12 | | summing all Organizational Unit's weighted values, and | 13 | | dividing by the total ASE of all Organizational Units, | 14 | | thereby creating an average weighted index. | 15 | | "Student activities" means non-credit producing | 16 | | after-school programs, including, but not limited to, | 17 | | clubs, bands, sports, and other activities authorized by | 18 | | the school board of the Organizational Unit. | 19 | | "Substitute teacher" means an individual teacher or | 20 | | teaching assistant who is employed by an Organizational | 21 | | Unit and is temporarily serving the Organizational Unit on | 22 | | a per diem or per period-assignment basis replacing another | 23 | | staff member. | 24 | | "Summer school" means academic and enrichment programs | 25 | | provided to students during the summer months outside of | 26 | | the regular school year. |
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| 1 | | "Supervisory aide" means a non-licensed staff member | 2 | | who helps in supervising students of an Organizational | 3 | | Unit, but does so outside of the classroom, in situations | 4 | | such as, but not limited to, monitoring hallways and | 5 | | playgrounds, supervising lunchrooms, or supervising | 6 | | students when being transported in buses serving the | 7 | | Organizational Unit. | 8 | | "Target Ratio" is defined in paragraph (4) of | 9 | | subsection (g). | 10 | | "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined | 11 | | in paragraph (3) of subsection (g). | 12 | | "Tier 1 Aggregate Funding", "Tier 2 Aggregate | 13 | | Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate | 14 | | Funding" are defined in paragraph (1) of subsection (g). | 15 | | (b) Adequacy Target calculation. | 16 | | (1) Each Organizational Unit's Adequacy Target is the | 17 | | sum of the Organizational Unit's cost of providing | 18 | | Essential Elements, as calculated in accordance with this | 19 | | subsection (b), with the salary amounts in the Essential | 20 | | Elements multiplied by a Regionalization Factor calculated | 21 | | pursuant to paragraph (3) of this subsection (b). | 22 | | (2) The Essential Elements are attributable on a pro | 23 | | rata basis related to defined subgroups of the ASE of each | 24 | | Organizational Unit as specified in this paragraph (2), | 25 | | with investments and FTE positions pro rata funded based on | 26 | | ASE counts in excess or less than the thresholds set forth |
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| 1 | | in this paragraph (2). The method for calculating | 2 | | attributable pro rata costs and the defined subgroups | 3 | | thereto are as follows: | 4 | | (A) Core class size investments. Each | 5 | | Organizational Unit shall receive the funding required | 6 | | to support that number of FTE core teacher positions as | 7 | | is needed to keep the respective class sizes of the | 8 | | Organizational Unit to the following maximum numbers: | 9 | | (i) For grades kindergarten through 3, the | 10 | | Organizational Unit shall receive funding required | 11 | | to support one FTE core teacher position for every | 12 | | 15 Low-Income Count students in those grades and | 13 | | one FTE core teacher position for every 20 | 14 | | non-Low-Income Count students in those grades. | 15 | | (ii) For grades 4 through 12, the | 16 | | Organizational Unit shall receive funding required | 17 | | to support one FTE core teacher position for every | 18 | | 20 Low-Income Count students in those grades and | 19 | | one FTE core teacher position for every 25 | 20 | | non-Low-Income Count students in those grades. | 21 | | The number of non-Low-Income Count students in a | 22 | | grade shall be determined by subtracting the | 23 | | Low-Income students in that grade from the ASE of the | 24 | | Organizational Unit for that grade. | 25 | | (B) Specialist teacher investments. Each | 26 | | Organizational Unit shall receive the funding needed |
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| 1 | | to cover that number of FTE specialist teacher | 2 | | positions that correspond to the following | 3 | | percentages: | 4 | | (i) if the Organizational Unit operates an | 5 | | elementary or middle school, then 20.00% of the | 6 | | number of the Organizational Unit's core teachers, | 7 | | as determined under subparagraph (A) of this | 8 | | paragraph (2); and | 9 | | (ii) if such Organizational Unit operates a | 10 | | high school, then 33.33% of the number of the | 11 | | Organizational Unit's core teachers. | 12 | | (C) Instructional facilitator investments. Each | 13 | | Organizational Unit shall receive the funding needed | 14 | | to cover one FTE instructional facilitator position | 15 | | for every 200 combined ASE of pre-kindergarten | 16 | | children with disabilities and all kindergarten | 17 | | through grade 12 students of the Organizational Unit. | 18 | | (D) Core intervention teacher (tutor) investments. | 19 | | Each Organizational Unit shall receive the funding | 20 | | needed to cover one FTE teacher position for each | 21 | | prototypical elementary, middle, and high school. | 22 | | (E) Substitute teacher investments. Each | 23 | | Organizational Unit shall receive the funding needed | 24 | | to cover substitute teacher costs that is equal to | 25 | | 5.70% of the minimum pupil attendance days required | 26 | | under Section 10-19 of this Code for all full-time |
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| 1 | | equivalent core, specialist, and intervention | 2 | | teachers, school nurses, special education teachers | 3 | | and instructional assistants, instructional | 4 | | facilitators, and summer school and extended-day | 5 | | teacher positions, as determined under this paragraph | 6 | | (2), at a salary rate of 33.33% of the average salary | 7 | | for grade K through 12 teachers and 33.33% of the | 8 | | average salary of each instructional assistant | 9 | | position. | 10 | | (F) Core guidance counselor investments. Each | 11 | | Organizational Unit shall receive the funding needed | 12 | | to cover one FTE guidance counselor for each 450 | 13 | | combined ASE of pre-kindergarten children with | 14 | | disabilities and all kindergarten through grade 5 | 15 | | students, plus one FTE guidance counselor for each 250 | 16 | | grades 6 through 8 ASE middle school students, plus one | 17 | | FTE guidance counselor for each 250 grades 9 through 12 | 18 | | ASE high school students. | 19 | | (G) Nurse investments. Each Organizational Unit | 20 | | shall receive the funding needed to cover one FTE nurse | 21 | | for each 750 combined ASE of pre-kindergarten children | 22 | | with disabilities and all kindergarten through grade | 23 | | 12 students across all grade levels it serves. | 24 | | (H) Supervisory aide investments. Each | 25 | | Organizational Unit shall receive the funding needed | 26 | | to cover one FTE for each 225 combined ASE of |
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| 1 | | pre-kindergarten children with disabilities and all | 2 | | kindergarten through grade 5 students, plus one FTE for | 3 | | each 225 ASE middle school students, plus one FTE for | 4 | | each 200 ASE high school students. | 5 | | (I) Librarian investments. Each Organizational | 6 | | Unit shall receive the funding needed to cover one FTE | 7 | | librarian for each prototypical elementary school, | 8 | | middle school, and high school and one FTE aide or | 9 | | media technician for every 300 combined ASE of | 10 | | pre-kindergarten children with disabilities and all | 11 | | kindergarten through grade 12 students. | 12 | | (J) Principal investments. Each Organizational | 13 | | Unit shall receive the funding needed to cover one FTE | 14 | | principal position for each prototypical elementary | 15 | | school, plus one FTE principal position for each | 16 | | prototypical middle school, plus one FTE principal | 17 | | position for each prototypical high school. | 18 | | (K) Assistant principal investments. Each | 19 | | Organizational Unit shall receive the funding needed | 20 | | to cover one FTE assistant principal position for each | 21 | | prototypical elementary school, plus one FTE assistant | 22 | | principal position for each prototypical middle | 23 | | school, plus one FTE assistant principal position for | 24 | | each prototypical high school. | 25 | | (L) School site staff investments. Each | 26 | | Organizational Unit shall receive the funding needed |
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| 1 | | for one FTE position for each 225 ASE of | 2 | | pre-kindergarten children with disabilities and all | 3 | | kindergarten through grade 5 students, plus one FTE | 4 | | position for each 225 ASE middle school students, plus | 5 | | one FTE position for each 200 ASE high school students. | 6 | | (M) Gifted investments. Each Organizational Unit | 7 | | shall receive $40 per kindergarten through grade 12 | 8 | | ASE. | 9 | | (N) Professional development investments. Each | 10 | | Organizational Unit shall receive $125 per student of | 11 | | the combined ASE of pre-kindergarten children with | 12 | | disabilities and all kindergarten through grade 12 | 13 | | students for trainers and other professional | 14 | | development-related expenses for supplies and | 15 | | materials. | 16 | | (O) Instructional material investments. Each | 17 | | Organizational Unit shall receive $190 per student of | 18 | | the combined ASE of pre-kindergarten children with | 19 | | disabilities and all kindergarten through grade 12 | 20 | | students to cover instructional material costs. | 21 | | (P) Assessment investments. Each Organizational | 22 | | Unit shall receive $25 per student of the combined ASE | 23 | | of pre-kindergarten children with disabilities and all | 24 | | kindergarten through grade 12 students student to | 25 | | cover assessment costs. | 26 | | (Q) Computer technology and equipment investments. |
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| 1 | | Each Organizational Unit shall receive $285.50 per | 2 | | student of the combined ASE of pre-kindergarten | 3 | | children with disabilities and all kindergarten | 4 | | through grade 12 students to cover computer technology | 5 | | and equipment costs. For the 2018-2019 school year and | 6 | | subsequent school years, Organizational Units assigned | 7 | | to Tier 1 and Tier 2 in the prior school year shall | 8 | | receive an additional $285.50 per student of the | 9 | | combined ASE of pre-kindergarten children with | 10 | | disabilities and all kindergarten through grade 12 | 11 | | students to cover computer technology and equipment | 12 | | costs in the Organization Unit's Adequacy Target. The | 13 | | State Board may establish additional requirements for | 14 | | Organizational Unit expenditures of funds received | 15 | | pursuant to this subparagraph (Q), including a | 16 | | requirement that funds received pursuant to this | 17 | | subparagraph (Q) may be used only for serving the | 18 | | technology needs of the district. It is the intent of | 19 | | this amendatory Act of the 100th General Assembly that | 20 | | all Tier 1 and Tier 2 districts receive the addition to | 21 | | their Adequacy Target in the following year, subject to | 22 | | compliance with the requirements of the State Board. | 23 | | (R) Student activities investments. Each | 24 | | Organizational Unit shall receive the following | 25 | | funding amounts to cover student activities: $100 per | 26 | | kindergarten through grade 5 ASE student in elementary |
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| 1 | | school, plus $200 per ASE student in middle school, | 2 | | plus $675 per ASE student in high school. | 3 | | (S) Maintenance and operations investments. Each | 4 | | Organizational Unit shall receive $1,038 per student | 5 | | of the combined ASE of pre-kindergarten children with | 6 | | disabilities and all kindergarten through grade 12 for | 7 | | day-to-day maintenance and operations expenditures, | 8 | | including salary, supplies, and materials, as well as | 9 | | purchased services, but excluding employee benefits. | 10 | | The proportion of salary for the application of a | 11 | | Regionalization Factor and the calculation of benefits | 12 | | is equal to $352.92. | 13 | | (T) Central office investments. Each | 14 | | Organizational Unit shall receive $742 per student of | 15 | | the combined ASE of pre-kindergarten children with | 16 | | disabilities and all kindergarten through grade 12 | 17 | | students to cover central office operations, including | 18 | | administrators and classified personnel charged with | 19 | | managing the instructional programs, business and | 20 | | operations of the school district, and security | 21 | | personnel. The proportion of salary for the | 22 | | application of a Regionalization Factor and the | 23 | | calculation of benefits is equal to $368.48. | 24 | | (U) Employee benefit investments. Each | 25 | | Organizational Unit shall receive 30% of the total of | 26 | | all salary-calculated elements of the Adequacy Target, |
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| 1 | | excluding substitute teachers and student activities | 2 | | investments, to cover benefit costs. For central | 3 | | office and maintenance and operations investments, the | 4 | | benefit calculation shall be based upon the salary | 5 | | proportion of each investment. If at any time the | 6 | | responsibility for funding the employer normal cost of | 7 | | teacher pensions is assigned to school districts, then | 8 | | that amount certified by the Teachers' Retirement | 9 | | System of the State of Illinois to be paid by the | 10 | | Organizational Unit for the preceding school year | 11 | | shall be added to the benefit investment. For any | 12 | | fiscal year in which a school district organized under | 13 | | Article 34 of this Code is responsible for paying the | 14 | | employer normal cost of teacher pensions, then that | 15 | | amount of its employer normal cost plus the amount for | 16 | | retiree health insurance as certified by the Public | 17 | | School Teachers' Pension and Retirement Fund of | 18 | | Chicago to be paid by the school district for the | 19 | | preceding school year that is statutorily required to | 20 | | cover employer normal costs and the amount for retiree | 21 | | health insurance shall be added to the 30% specified in | 22 | | this subparagraph (U). The Teachers' Retirement System | 23 | | of the State of Illinois and the Public School | 24 | | Teachers' Pension and Retirement Fund of Chicago shall | 25 | | submit such information as the State Superintendent | 26 | | may require for the calculations set forth in this |
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| 1 | | subparagraph (U). | 2 | | (V) Additional investments in low-income students. | 3 | | In addition to and not in lieu of all other funding | 4 | | under this paragraph (2), each Organizational Unit | 5 | | shall receive funding based on the average teacher | 6 | | salary for grades K through 12 to cover the costs of: | 7 | | (i) one FTE intervention teacher (tutor) | 8 | | position for every 125 Low-Income Count students; | 9 | | (ii) one FTE pupil support staff position for | 10 | | every 125 Low-Income Count students; | 11 | | (iii) one FTE extended day teacher position | 12 | | for every 120 Low-Income Count students; and | 13 | | (iv) one FTE summer school teacher position | 14 | | for every 120 Low-Income Count students. | 15 | | (W) Additional investments in English learner | 16 | | students. In addition to and not in lieu of all other | 17 | | funding under this paragraph (2), each Organizational | 18 | | Unit shall receive funding based on the average teacher | 19 | | salary for grades K through 12 to cover the costs of: | 20 | | (i) one FTE intervention teacher (tutor) | 21 | | position for every 125 English learner students; | 22 | | (ii) one FTE pupil support staff position for | 23 | | every 125 English learner students; | 24 | | (iii) one FTE extended day teacher position | 25 | | for every 120 English learner students; | 26 | | (iv) one FTE summer school teacher position |
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| 1 | | for every 120 English learner students; and | 2 | | (v) one FTE core teacher position for every 100 | 3 | | English learner students. | 4 | | (X) Special education investments. Each | 5 | | Organizational Unit shall receive funding based on the | 6 | | average teacher salary for grades K through 12 to cover | 7 | | special education as follows: | 8 | | (i) one FTE teacher position for every 141 | 9 | | combined ASE of pre-kindergarten children with | 10 | | disabilities and all kindergarten through grade 12 | 11 | | students; | 12 | | (ii) one FTE instructional assistant for every | 13 | | 141 combined ASE of pre-kindergarten children with | 14 | | disabilities and all kindergarten through grade 12 | 15 | | students; and | 16 | | (iii) one FTE psychologist position for every | 17 | | 1,000 combined ASE of pre-kindergarten children | 18 | | with disabilities and all kindergarten through | 19 | | grade 12 students. | 20 | | (3) For calculating the salaries included within the | 21 | | Essential Elements, the State Superintendent shall | 22 | | annually calculate average salaries to the nearest dollar | 23 | | using the employment information system data maintained by | 24 | | the State Board, limited to public schools only and | 25 | | excluding special education and vocational cooperatives, | 26 | | schools operated by the Department of Juvenile Justice, and |
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| 1 | | charter schools, for the following positions: | 2 | | (A) Teacher for grades K through 8. | 3 | | (B) Teacher for grades 9 through 12. | 4 | | (C) Teacher for grades K through 12. | 5 | | (D) Guidance counselor for grades K through 8. | 6 | | (E) Guidance counselor for grades 9 through 12. | 7 | | (F) Guidance counselor for grades K through 12. | 8 | | (G) Social worker. | 9 | | (H) Psychologist. | 10 | | (I) Librarian. | 11 | | (J) Nurse. | 12 | | (K) Principal. | 13 | | (L) Assistant principal. | 14 | | For the purposes of this paragraph (3), "teacher" | 15 | | includes core teachers, specialist and elective teachers, | 16 | | instructional facilitators, tutors, special education | 17 | | teachers, pupil support staff teachers, English learner | 18 | | teachers, extended-day teachers, and summer school | 19 | | teachers. Where specific grade data is not required for the | 20 | | Essential Elements, the average salary for corresponding | 21 | | positions shall apply. For substitute teachers, the | 22 | | average teacher salary for grades K through 12 shall apply. | 23 | | For calculating the salaries included within the | 24 | | Essential Elements for positions not included within EIS | 25 | | Data, the following salaries shall be used in the first | 26 | | year of implementation of Evidence-Based Funding: |
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| 1 | | (i) school site staff, $30,000; and | 2 | | (ii) non-instructional assistant, instructional | 3 | | assistant, library aide, library media tech, or | 4 | | supervisory aide: $25,000. | 5 | | In the second and subsequent years of implementation of | 6 | | Evidence-Based Funding, the amounts in items (i) and (ii) | 7 | | of this paragraph (3) shall annually increase by the ECI. | 8 | | The salary amounts for the Essential Elements | 9 | | determined pursuant to subparagraphs (A) through (L), (S) | 10 | | and (T), and (V) through (X) of paragraph (2) of subsection | 11 | | (b) of this Section shall be multiplied by a | 12 | | Regionalization Factor. | 13 | | (c) Local capacity calculation. | 14 | | (1) Each Organizational Unit's Local Capacity | 15 | | represents an amount of funding it is assumed to contribute | 16 | | toward its Adequacy Target for purposes of the | 17 | | Evidence-Based Funding formula calculation. "Local | 18 | | Capacity" means either (i) the Organizational Unit's Local | 19 | | Capacity Target as calculated in accordance with paragraph | 20 | | (2) of this subsection (c) if its Real Receipts are equal | 21 | | to or less than its Local Capacity Target or (ii) the | 22 | | Organizational Unit's Adjusted Local Capacity, as | 23 | | calculated in accordance with paragraph (3) of this | 24 | | subsection (c) if Real Receipts are more than its Local | 25 | | Capacity Target. | 26 | | (2) "Local Capacity Target" means, for an |
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| 1 | | Organizational Unit, that dollar amount that is obtained by | 2 | | multiplying its Adequacy Target by its Local Capacity | 3 | | Ratio. | 4 | | (A) An Organizational Unit's Local Capacity | 5 | | Percentage is the conversion of the Organizational | 6 | | Unit's Local Capacity Ratio, as such ratio is | 7 | | determined in accordance with subparagraph (B) of this | 8 | | paragraph (2), into a cumulative distribution | 9 | | resulting in a percentile ranking to determine each | 10 | | Organizational Unit's relative position to all other | 11 | | Organizational Units in this State. The calculation of | 12 | | Local Capacity Percentage is described in subparagraph | 13 | | (C) of this paragraph (2). | 14 | | (B) An Organizational Unit's Local Capacity Ratio | 15 | | in a given year is the percentage obtained by dividing | 16 | | its Adjusted EAV or PTELL EAV, whichever is less, by | 17 | | its Adequacy Target, with the resulting ratio further | 18 | | adjusted as follows: | 19 | | (i) for Organizational Units serving grades | 20 | | kindergarten through 12 and Hybrid Districts, no | 21 | | further adjustments shall be made; | 22 | | (ii) for Organizational Units serving grades | 23 | | kindergarten through 8, the ratio shall be | 24 | | multiplied by 9/13; | 25 | | (iii) for Organizational Units serving grades | 26 | | 9 through 12, the Local Capacity Ratio shall be |
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| 1 | | multiplied by 4/13; and | 2 | | (iv) for an Organizational Unit with a | 3 | | different grade configuration than those specified | 4 | | in items (i) through (iii) of this subparagraph | 5 | | (B), the State Superintendent shall determine a | 6 | | comparable adjustment based on the grades served. | 7 | | (C) The Local Capacity Percentage is equal to the | 8 | | percentile ranking of the district. Local Capacity | 9 | | Percentage converts each Organizational Unit's Local | 10 | | Capacity Ratio to a cumulative distribution resulting | 11 | | in a percentile ranking to determine each | 12 | | Organizational Unit's relative position to all other | 13 | | Organizational Units in this State. The Local Capacity | 14 | | Percentage cumulative distribution resulting in a | 15 | | percentile ranking for each Organizational Unit shall | 16 | | be calculated using the standard normal distribution | 17 | | of the score in relation to the weighted mean and | 18 | | weighted standard deviation and Local Capacity Ratios | 19 | | of all Organizational Units. If the value assigned to | 20 | | any Organizational Unit is in excess of 90%, the value | 21 | | shall be adjusted to 90%. For Laboratory Schools, the | 22 | | Local Capacity Percentage shall be set at 10% in
| 23 | | recognition of the absence of EAV and resources from | 24 | | the public university that are allocated to
the | 25 | | Laboratory School. The weighted mean for the Local | 26 | | Capacity Percentage shall be determined by multiplying |
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| 1 | | each Organizational Unit's Local Capacity Ratio times | 2 | | the ASE for the unit creating a weighted value, summing | 3 | | the weighted values of all Organizational Units, and | 4 | | dividing by the total ASE of all Organizational Units. | 5 | | The weighted standard deviation shall be determined by | 6 | | taking the square root of the weighted variance of all | 7 | | Organizational Units' Local Capacity Ratio, where the | 8 | | variance is calculated by squaring the difference | 9 | | between each unit's Local Capacity Ratio and the | 10 | | weighted mean, then multiplying the variance for each | 11 | | unit times the ASE for the unit to create a weighted | 12 | | variance for each unit, then summing all units' | 13 | | weighted variance and dividing by the total ASE of all | 14 | | units. | 15 | | (D) For any Organizational Unit, the | 16 | | Organizational Unit's Adjusted Local Capacity Target | 17 | | shall be reduced by either (i) the school board's | 18 | | remaining contribution pursuant to paragraph (ii) of | 19 | | subsection (b-4) of Section 16-158 of the Illinois | 20 | | Pension Code in a given year, or (ii) the board of | 21 | | education's remaining contribution pursuant to | 22 | | paragraph (iv) of subsection (b) of Section 17-129 of | 23 | | the Illinois Pension Code absent the employer normal | 24 | | cost portion of the required contribution and amount | 25 | | allowed pursuant to subdivision (3) of Section | 26 | | 17-142.1 of the Illinois Pension Code in a given year. |
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| 1 | | In the preceding sentence, item (i) shall be certified | 2 | | to the State Board of Education by the Teachers' | 3 | | Retirement System of the State of Illinois and item | 4 | | (ii) shall be certified to the State Board of Education | 5 | | by the Public School Teachers' Pension and Retirement | 6 | | Fund of the City of Chicago. | 7 | | (3) If an Organizational Unit's Real Receipts are more | 8 | | than its Local Capacity Target, then its Local Capacity | 9 | | shall equal an Adjusted Local Capacity Target as calculated | 10 | | in accordance with this paragraph (3). The Adjusted Local | 11 | | Capacity Target is calculated as the sum of the | 12 | | Organizational Unit's Local Capacity Target and its Real | 13 | | Receipts Adjustment. The Real Receipts Adjustment equals | 14 | | the Organizational Unit's Real Receipts less its Local | 15 | | Capacity Target, with the resulting figure multiplied by | 16 | | the Local Capacity Percentage. | 17 | | As used in this paragraph (3), "Real Percent of | 18 | | Adequacy" means the sum of an Organizational Unit's Real | 19 | | Receipts, CPPRT, and Base Funding Minimum, with the | 20 | | resulting figure divided by the Organizational Unit's | 21 | | Adequacy Target. | 22 | | (d) Calculation of Real Receipts, EAV, and Adjusted EAV for | 23 | | purposes of the Local Capacity calculation. | 24 | | (1) An Organizational Unit's Real Receipts are the | 25 | | product of its Applicable Tax Rate and its Adjusted EAV. An | 26 | | Organizational Unit's Applicable Tax Rate is its Adjusted |
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| 1 | | Operating Tax Rate for property within the Organizational | 2 | | Unit. | 3 | | (2) The State Superintendent shall calculate the | 4 | | Equalized Assessed Valuation, or EAV, of all taxable | 5 | | property of each Organizational Unit as of September 30 of | 6 | | the previous year in accordance with paragraph (3) of this | 7 | | subsection (d). The State Superintendent shall then | 8 | | determine the Adjusted EAV of each Organizational Unit in | 9 | | accordance with paragraph (4) of this subsection (d), which | 10 | | Adjusted EAV figure shall be used for the purposes of | 11 | | calculating Local Capacity. | 12 | | (3) To calculate Real Receipts and EAV, the Department | 13 | | of Revenue shall supply to the State Superintendent the | 14 | | value as equalized or assessed by the Department of Revenue | 15 | | of all taxable property of every Organizational Unit, | 16 | | together with (i) the applicable tax rate used in extending | 17 | | taxes for the funds of the Organizational Unit as of | 18 | | September 30 of the previous year and (ii) the limiting | 19 | | rate for all Organizational Units subject to property tax | 20 | | extension limitations as imposed under PTELL. | 21 | | (A) The Department of Revenue shall add to the | 22 | | equalized assessed value of all taxable property of | 23 | | each Organizational Unit situated entirely or | 24 | | partially within a county that is or was subject to the | 25 | | provisions of Section 15-176 or 15-177 of the Property | 26 | | Tax Code (i) an amount equal to the total amount by |
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| 1 | | which the homestead exemption allowed under Section | 2 | | 15-176 or 15-177 of the Property Tax Code for real | 3 | | property situated in that Organizational Unit exceeds | 4 | | the total amount that would have been allowed in that | 5 | | Organizational Unit if the maximum reduction under | 6 | | Section 15-176 was (I) $4,500 in Cook County or $3,500 | 7 | | in all other counties in tax year 2003 or (II) $5,000 | 8 | | in all counties in tax year 2004 and thereafter and | 9 | | (ii) an amount equal to the aggregate amount for the | 10 | | taxable year of all additional exemptions under | 11 | | Section 15-175 of the Property Tax Code for owners with | 12 | | a household income of $30,000 or less. The county clerk | 13 | | of any county that is or was subject to the provisions | 14 | | of Section 15-176 or 15-177 of the Property Tax Code | 15 | | shall annually calculate and certify to the Department | 16 | | of Revenue for each Organizational Unit all homestead | 17 | | exemption amounts under Section 15-176 or 15-177 of the | 18 | | Property Tax Code and all amounts of additional | 19 | | exemptions under Section 15-175 of the Property Tax | 20 | | Code for owners with a household income of $30,000 or | 21 | | less. It is the intent of this subparagraph (A) that if | 22 | | the general homestead exemption for a parcel of | 23 | | property is determined under Section 15-176 or 15-177 | 24 | | of the Property Tax Code rather than Section 15-175, | 25 | | then the calculation of EAV shall not be affected by | 26 | | the difference, if any, between the amount of the |
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| 1 | | general homestead exemption allowed for that parcel of | 2 | | property under Section 15-176 or 15-177 of the Property | 3 | | Tax Code and the amount that would have been allowed | 4 | | had the general homestead exemption for that parcel of | 5 | | property been determined under Section 15-175 of the | 6 | | Property Tax Code. It is further the intent of this | 7 | | subparagraph (A) that if additional exemptions are | 8 | | allowed under Section 15-175 of the Property Tax Code | 9 | | for owners with a household income of less than | 10 | | $30,000, then the calculation of EAV shall not be | 11 | | affected by the difference, if any, because of those | 12 | | additional exemptions. | 13 | | (B) With respect to any part of an Organizational | 14 | | Unit within a redevelopment project area in respect to | 15 | | which a municipality has adopted tax increment | 16 | | allocation financing pursuant to the Tax Increment | 17 | | Allocation Redevelopment Act, Division 74.4 of Article | 18 | | 11 of the Illinois Municipal Code, or the Industrial | 19 | | Jobs Recovery Law, Division 74.6 of Article 11 of the | 20 | | Illinois Municipal Code, no part of the current EAV of | 21 | | real property located in any such project area which is | 22 | | attributable to an increase above the total initial EAV | 23 | | of such property shall be used as part of the EAV of | 24 | | the Organizational Unit, until such time as all | 25 | | redevelopment project costs have been paid, as | 26 | | provided in Section 11-74.4-8 of the Tax Increment |
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| 1 | | Allocation Redevelopment Act or in Section 11-74.6-35 | 2 | | of the Industrial Jobs Recovery Law. For the purpose of | 3 | | the EAV of the Organizational Unit, the total initial | 4 | | EAV or the current EAV, whichever is lower, shall be | 5 | | used until such time as all redevelopment project costs | 6 | | have been paid. | 7 | | (B-5) The real property equalized assessed | 8 | | valuation for a school district shall be adjusted by | 9 | | subtracting from the real property value, as equalized | 10 | | or assessed by the Department of Revenue, for the | 11 | | district an amount computed by dividing the amount of | 12 | | any abatement of taxes under Section 18-170 of the | 13 | | Property Tax Code by 3.00% for a district maintaining | 14 | | grades kindergarten through 12, by 2.30% for a district | 15 | | maintaining grades kindergarten through 8, or by 1.05% | 16 | | for a district maintaining grades 9 through 12 and | 17 | | adjusted by an amount computed by dividing the amount | 18 | | of any abatement of taxes under subsection (a) of | 19 | | Section 18-165 of the Property Tax Code by the same | 20 | | percentage rates for district type as specified in this | 21 | | subparagraph (B-5). | 22 | | (C) For Organizational Units that are Hybrid | 23 | | Districts, the State Superintendent shall use the | 24 | | lesser of the adjusted equalized assessed valuation | 25 | | for property within the partial elementary unit | 26 | | district for elementary purposes, as defined in |
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| 1 | | Article 11E of this Code, or the adjusted equalized | 2 | | assessed valuation for property within the partial | 3 | | elementary unit district for high school purposes, as | 4 | | defined in Article 11E of this Code. | 5 | | (4) An Organizational Unit's Adjusted EAV shall be the | 6 | | average of its EAV over the immediately preceding 3 years | 7 | | or its EAV in the immediately preceding year if the EAV in | 8 | | the immediately preceding year has declined by 10% or more | 9 | | compared to the 3-year average. In the event of | 10 | | Organizational Unit reorganization, consolidation, or | 11 | | annexation, the Organizational Unit's Adjusted EAV for the | 12 | | first 3 years after such change shall be as follows: the | 13 | | most current EAV shall be used in the first year, the | 14 | | average of a 2-year EAV or its EAV in the immediately | 15 | | preceding year if the EAV declines by 10% or more compared | 16 | | to the 2-year average for the second year, and a 3-year | 17 | | average EAV or its EAV in the immediately preceding year if | 18 | | the adjusted EAV declines by 10% or more compared to the | 19 | | 3-year average for the third year. For any school district | 20 | | whose EAV in the immediately preceding year is used in | 21 | | calculations, in the following year, the Adjusted EAV shall | 22 | | be the average of its EAV over the immediately preceding 2 | 23 | | years or the immediately preceding year if that year | 24 | | represents a decline of 10% or more compared to the 2-year | 25 | | average. | 26 | | "PTELL EAV" means a figure calculated by the State |
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| 1 | | Board for Organizational Units subject to PTELL as | 2 | | described in this paragraph (4) for the purposes of | 3 | | calculating an Organizational Unit's Local Capacity Ratio. | 4 | | Except as otherwise provided in this paragraph (4), the | 5 | | PTELL EAV of an Organizational Unit shall be equal to the | 6 | | product of the equalized assessed valuation last used in | 7 | | the calculation of general State aid under Section 18-8.05 | 8 | | of this Code (now repealed) or Evidence-Based Funding under | 9 | | this Section and the Organizational Unit's Extension | 10 | | Limitation Ratio. If an Organizational Unit has approved or | 11 | | does approve an increase in its limiting rate, pursuant to | 12 | | Section 18-190 of the Property Tax Code, affecting the Base | 13 | | Tax Year, the PTELL EAV shall be equal to the product of | 14 | | the equalized assessed valuation last used in the | 15 | | calculation of general State aid under Section 18-8.05 of | 16 | | this Code (now repealed) or Evidence-Based Funding under | 17 | | this Section multiplied by an amount equal to one plus the | 18 | | percentage increase, if any, in the Consumer Price Index | 19 | | for All Urban Consumers for all items published by the | 20 | | United States Department of Labor for the 12-month calendar | 21 | | year preceding the Base Tax Year, plus the equalized | 22 | | assessed valuation of new property, annexed property, and | 23 | | recovered tax increment value and minus the equalized | 24 | | assessed valuation of disconnected property. | 25 | | As used in this paragraph (4), "new property" and | 26 | | "recovered tax increment value" shall have the meanings set |
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| 1 | | forth in the Property Tax Extension Limitation Law. | 2 | | (e) Base Funding Minimum calculation. | 3 | | (1) For the 2017-2018 school year, the Base Funding | 4 | | Minimum of an Organizational Unit or a Specially Funded | 5 | | Unit shall be the amount of State funds distributed to the | 6 | | Organizational Unit or Specially Funded Unit during the | 7 | | 2016-2017 school year prior to any adjustments and | 8 | | specified appropriation amounts described in this | 9 | | paragraph (1) from the following Sections, as calculated by | 10 | | the State Superintendent: Section 18-8.05 of this Code (now | 11 | | repealed); Section 5 of Article 224 of Public Act 99-524 | 12 | | (equity grants); Section 14-7.02b of this Code (funding for | 13 | | children requiring special education services); Section | 14 | | 14-13.01 of this Code (special education facilities and | 15 | | staffing), except for reimbursement of the cost of | 16 | | transportation pursuant to Section 14-13.01; Section | 17 | | 14C-12 of this Code (English learners); and Section 18-4.3 | 18 | | of this Code (summer school), based on an appropriation | 19 | | level of $13,121,600. For a school district organized under | 20 | | Article 34 of this Code, the Base Funding Minimum also | 21 | | includes (i) the funds allocated to the school district | 22 | | pursuant to Section 1D-1 of this Code attributable to | 23 | | funding programs authorized by the Sections of this Code | 24 | | listed in the preceding sentence; and (ii) the difference | 25 | | between (I) the funds allocated to the school district | 26 | | pursuant to Section 1D-1 of this Code attributable to the |
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| 1 | | funding programs authorized by Section 14-7.02 (non-public | 2 | | special education reimbursement), subsection (b) of | 3 | | Section 14-13.01 (special education transportation), | 4 | | Section 29-5 (transportation), Section 2-3.80 | 5 | | (agricultural education), Section 2-3.66 (truants' | 6 | | alternative education), Section 2-3.62 (educational | 7 | | service centers), and Section 14-7.03 (special education - | 8 | | orphanage) of this Code and Section 15 of the Childhood | 9 | | Hunger Relief Act (free breakfast program) and (II) the | 10 | | school district's actual expenditures for its non-public | 11 | | special education, special education transportation, | 12 | | transportation programs, agricultural education, truants' | 13 | | alternative education, services that would otherwise be | 14 | | performed by a regional office of education, special | 15 | | education orphanage expenditures, and free breakfast, as | 16 | | most recently calculated and reported pursuant to | 17 | | subsection (f) of Section 1D-1 of this Code. The Base | 18 | | Funding Minimum for Glenwood Academy shall be $625,500. | 19 | | (2) For the 2018-2019 and subsequent school years, the | 20 | | Base Funding Minimum of Organizational Units and Specially | 21 | | Funded Units shall be the sum of (i) the amount of | 22 | | Evidence-Based Funding for the prior school year, (ii) the | 23 | | Base Funding Minimum for the prior school year, and (iii) | 24 | | any amount received by a school district pursuant to | 25 | | Section 7 of Article 97 of Public Act 100-21. | 26 | | (f) Percent of Adequacy and Final Resources calculation. |
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| 1 | | (1) The Evidence-Based Funding formula establishes a | 2 | | Percent of Adequacy for each Organizational Unit in order | 3 | | to place such units into tiers for the purposes of the | 4 | | funding distribution system described in subsection (g) of | 5 | | this Section. Initially, an Organizational Unit's | 6 | | Preliminary Resources and Preliminary Percent of Adequacy | 7 | | are calculated pursuant to paragraph (2) of this subsection | 8 | | (f). Then, an Organizational Unit's Final Resources and | 9 | | Final Percent of Adequacy are calculated to account for the | 10 | | Organizational Unit's poverty concentration levels | 11 | | pursuant to paragraphs (3) and (4) of this subsection (f). | 12 | | (2) An Organizational Unit's Preliminary Resources are | 13 | | equal to the sum of its Local Capacity Target, CPPRT, and | 14 | | Base Funding Minimum. An Organizational Unit's Preliminary | 15 | | Percent of Adequacy is the lesser of (i) its Preliminary | 16 | | Resources divided by its Adequacy Target or (ii) 100%. | 17 | | (3) Except for Specially Funded Units, an | 18 | | Organizational Unit's Final Resources are equal the sum of | 19 | | its Local Capacity, CPPRT, and Adjusted Base Funding | 20 | | Minimum. The Base Funding Minimum of each Specially Funded | 21 | | Unit shall serve as its Final Resources, except that the | 22 | | Base Funding Minimum for State-approved charter schools | 23 | | shall not include any portion of general State aid | 24 | | allocated in the prior year based on the per capita tuition | 25 | | charge times the charter school enrollment. | 26 | | (4) An Organizational Unit's Final Percent of Adequacy |
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| 1 | | is its Final Resources divided by its Adequacy Target. An | 2 | | Organizational Unit's Adjusted Base Funding Minimum is | 3 | | equal to its Base Funding Minimum less its Supplemental | 4 | | Grant Funding, with the resulting figure added to the | 5 | | product of its Supplemental Grant Funding and Preliminary | 6 | | Percent of Adequacy. | 7 | | (g) Evidence-Based Funding formula distribution system. | 8 | | (1) In each school year under the Evidence-Based | 9 | | Funding formula, each Organizational Unit receives funding | 10 | | equal to the sum of its Base Funding Minimum and the unit's | 11 | | allocation of New State Funds determined pursuant to this | 12 | | subsection (g). To allocate New State Funds, the | 13 | | Evidence-Based Funding formula distribution system first | 14 | | places all Organizational Units into one of 4 tiers in | 15 | | accordance with paragraph (3) of this subsection (g), based | 16 | | on the Organizational Unit's Final Percent of Adequacy. New | 17 | | State Funds are allocated to each of the 4 tiers as | 18 | | follows: Tier 1 Aggregate Funding equals 50% of all New | 19 | | State Funds, Tier 2 Aggregate Funding equals 49% of all New | 20 | | State Funds, Tier 3 Aggregate Funding equals 0.9% of all | 21 | | New State Funds, and Tier 4 Aggregate Funding equals 0.1% | 22 | | of all New State Funds. Each Organizational Unit within | 23 | | Tier 1 or Tier 2 receives an allocation of New State Funds | 24 | | equal to its tier Funding Gap, as defined in the following | 25 | | sentence, multiplied by the tier's Allocation Rate | 26 | | determined pursuant to paragraph (4) of this subsection |
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| 1 | | (g). For Tier 1, an Organizational Unit's Funding Gap | 2 | | equals the tier's Target Ratio, as specified in paragraph | 3 | | (5) of this subsection (g), multiplied by the | 4 | | Organizational Unit's Adequacy Target, with the resulting | 5 | | amount reduced by the Organizational Unit's Final | 6 | | Resources. For Tier 2, an Organizational Unit's Funding Gap | 7 | | equals the tier's Target Ratio, as described in paragraph | 8 | | (5) of this subsection (g), multiplied by the | 9 | | Organizational Unit's Adequacy Target, with the resulting | 10 | | amount reduced by the Organizational Unit's Final | 11 | | Resources and its Tier 1 funding allocation. To determine | 12 | | the Organizational Unit's Funding Gap, the resulting | 13 | | amount is then multiplied by a factor equal to one minus | 14 | | the Organizational Unit's Local Capacity Target | 15 | | percentage. Each Organizational Unit within Tier 3 or Tier | 16 | | 4 receives an allocation of New State Funds equal to the | 17 | | product of its Adequacy Target and the tier's Allocation | 18 | | Rate, as specified in paragraph (4) of this subsection (g). | 19 | | (2) To ensure equitable distribution of dollars for all | 20 | | Tier 2 Organizational Units, no Tier 2 Organizational Unit | 21 | | shall receive fewer dollars per ASE than any Tier 3 | 22 | | Organizational Unit. Each Tier 2 and Tier 3 Organizational | 23 | | Unit shall have its funding allocation divided by its ASE. | 24 | | Any Tier 2 Organizational Unit with a funding allocation | 25 | | per ASE below the greatest Tier 3 allocation per ASE shall | 26 | | get a funding allocation equal to the greatest Tier 3 |
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| 1 | | funding allocation per ASE multiplied by the | 2 | | Organizational Unit's ASE. Each Tier 2 Organizational | 3 | | Unit's Tier 2 funding allocation shall be multiplied by the | 4 | | percentage calculated by dividing the original Tier 2 | 5 | | Aggregate Funding by the sum of all Tier 2 Organizational | 6 | | Unit's Tier 2 funding allocation after adjusting | 7 | | districts' funding below Tier 3 levels. | 8 | | (3) Organizational Units are placed into one of 4 tiers | 9 | | as follows: | 10 | | (A) Tier 1 consists of all Organizational Units, | 11 | | except for Specially Funded Units, with a Percent of | 12 | | Adequacy less than the Tier 1 Target Ratio. The Tier 1 | 13 | | Target Ratio is the ratio level that allows for Tier 1 | 14 | | Aggregate Funding to be distributed, with the Tier 1 | 15 | | Allocation Rate determined pursuant to paragraph (4) | 16 | | of this subsection (g). | 17 | | (B) Tier 2 consists of all Tier 1 Units and all | 18 | | other Organizational Units, except for Specially | 19 | | Funded Units, with a Percent of Adequacy of less than | 20 | | 0.90. | 21 | | (C) Tier 3 consists of all Organizational Units, | 22 | | except for Specially Funded Units, with a Percent of | 23 | | Adequacy of at least 0.90 and less than 1.0. | 24 | | (D) Tier 4 consists of all Organizational Units | 25 | | with a Percent of Adequacy of at least 1.0. | 26 | | (4) The Allocation Rates for Tiers 1 through 4 is |
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| 1 | | determined as follows: | 2 | | (A) The Tier 1 Allocation Rate is 30%. | 3 | | (B) The Tier 2 Allocation Rate is the result of the | 4 | | following equation: Tier 2 Aggregate Funding, divided | 5 | | by the sum of the Funding Gaps for all Tier 2 | 6 | | Organizational Units, unless the result of such | 7 | | equation is higher than 1.0. If the result of such | 8 | | equation is higher than 1.0, then the Tier 2 Allocation | 9 | | Rate is 1.0. | 10 | | (C) The Tier 3 Allocation Rate is the result of the | 11 | | following equation: Tier 3
Aggregate Funding, divided | 12 | | by the sum of the Adequacy Targets of all Tier 3 | 13 | | Organizational
Units. | 14 | | (D) The Tier 4 Allocation Rate is the result of the | 15 | | following equation: Tier 4
Aggregate Funding, divided | 16 | | by the sum of the Adequacy Targets of all Tier 4 | 17 | | Organizational
Units. | 18 | | (5) A tier's Target Ratio is determined as follows: | 19 | | (A) The Tier 1 Target Ratio is the ratio level that | 20 | | allows for Tier 1 Aggregate Funding to be distributed | 21 | | with the Tier 1 Allocation Rate. | 22 | | (B) The Tier 2 Target Ratio is 0.90. | 23 | | (C) The Tier 3 Target Ratio is 1.0. | 24 | | (6) If, at any point, the Tier 1 Target Ratio is | 25 | | greater than 90%, than all Tier 1 funding shall be | 26 | | allocated to Tier 2 and no Tier 1 Organizational Unit's |
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| 1 | | funding may be identified. | 2 | | (7) In the event that all Tier 2 Organizational Units | 3 | | receive funding at the Tier 2 Target Ratio level, any | 4 | | remaining New State Funds shall be allocated to Tier 3 and | 5 | | Tier 4 Organizational Units. | 6 | | (8) If any Specially Funded Units, excluding Glenwood | 7 | | Academy, recognized by the State Board do not qualify for | 8 | | direct funding following the implementation of this | 9 | | amendatory Act of the 100th General Assembly from any of | 10 | | the funding sources included within the definition of Base | 11 | | Funding Minimum, the unqualified portion of the Base | 12 | | Funding Minimum shall be transferred to one or more | 13 | | appropriate Organizational Units as determined by the | 14 | | State Superintendent based on the prior year ASE of the | 15 | | Organizational Units. | 16 | | (8.5) If a school district withdraws from a special | 17 | | education cooperative, the portion of the Base Funding | 18 | | Minimum that is attributable to the school district may be | 19 | | redistributed to the school district upon withdrawal. The | 20 | | school district and the cooperative must include the amount | 21 | | of the Base Funding Minimum that is to be re-apportioned in | 22 | | their withdrawal agreement and notify the State Board of | 23 | | the change with a copy of the agreement upon withdrawal. | 24 | | (9) The Minimum Funding Level is intended to establish | 25 | | a target for State funding that will keep pace with | 26 | | inflation and continue to advance equity through the |
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| 1 | | Evidence-Based Funding formula. The target for State | 2 | | funding of New Property Tax Relief Pool Funds is | 3 | | $50,000,000 for State fiscal year 2019 and subsequent State | 4 | | fiscal years. The Minimum Funding Level is equal to | 5 | | $350,000,000. In addition to any New State Funds, no more | 6 | | than $50,000,000 New Property Tax Relief Pool Funds may be | 7 | | counted towards the Minimum Funding Level. If the sum of | 8 | | New State Funds and applicable New Property Tax Relief Pool | 9 | | Funds are less than the Minimum Funding Level, than funding | 10 | | for tiers shall be reduced in the following manner: | 11 | | (A) First, Tier 4 funding shall be reduced by an | 12 | | amount equal to the difference between the Minimum | 13 | | Funding Level and New State Funds until such time as | 14 | | Tier 4 funding is exhausted. | 15 | | (B) Next, Tier 3 funding shall be reduced by an | 16 | | amount equal to the difference between the Minimum | 17 | | Funding Level and New State Funds and the reduction in | 18 | | Tier 4 funding until such time as Tier 3 funding is | 19 | | exhausted. | 20 | | (C) Next, Tier 2 funding shall be reduced by an | 21 | | amount equal to the difference between the Minimum | 22 | | Funding level and new State Funds and the reduction | 23 | | Tier 4 and Tier 3. | 24 | | (D) Finally, Tier 1 funding shall be reduced by an | 25 | | amount equal to the difference between the Minimum | 26 | | Funding level and New State Funds and the reduction in |
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| 1 | | Tier 2, 3, and 4 funding. In addition, the Allocation | 2 | | Rate for Tier 1 shall be reduced to a percentage equal | 3 | | to the Tier 1 allocation rate set by paragraph (4) of | 4 | | this subsection (g), multiplied by the result of New | 5 | | State Funds divided by the Minimum Funding Level. | 6 | | (9.5) For State fiscal year 2019 and subsequent State | 7 | | fiscal years, if New State Funds exceed $300,000,000, then | 8 | | any amount in excess of $300,000,000 shall be dedicated for | 9 | | purposes of Section 2-3.170 of this Code up to a maximum of | 10 | | $50,000,000. | 11 | | (10) In the event of a decrease in the amount of the | 12 | | appropriation for this Section in any fiscal year after | 13 | | implementation of this Section, the Organizational Units | 14 | | receiving Tier 1 and Tier 2 funding, as determined under | 15 | | paragraph (3) of this subsection (g), shall be held | 16 | | harmless by establishing a Base Funding Guarantee equal to | 17 | | the per pupil kindergarten through grade 12 funding | 18 | | received in accordance with this Section in the prior | 19 | | fiscal year. Reductions shall be
made to the Base Funding | 20 | | Minimum of Organizational Units in Tier 3 and Tier 4 on a
| 21 | | per pupil basis equivalent to the total number of the ASE | 22 | | in Tier 3-funded and Tier 4-funded Organizational Units | 23 | | divided by the total reduction in State funding. The Base
| 24 | | Funding Minimum as reduced shall continue to be applied to | 25 | | Tier 3 and Tier 4
Organizational Units and adjusted by the | 26 | | relative formula when increases in
appropriations for this |
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| 1 | | Section resume. In no event may State funding reductions to
| 2 | | Organizational Units in Tier 3 or Tier 4 exceed an amount | 3 | | that would be less than the
Base Funding Minimum | 4 | | established in the first year of implementation of this
| 5 | | Section. If additional reductions are required, all school | 6 | | districts shall receive a
reduction by a per pupil amount | 7 | | equal to the aggregate additional appropriation
reduction | 8 | | divided by the total ASE of all Organizational Units. | 9 | | (11) The State Superintendent shall make minor | 10 | | adjustments to the distribution formula set forth in this | 11 | | subsection (g) to account for the rounding of percentages | 12 | | to the nearest tenth of a percentage and dollar amounts to | 13 | | the nearest whole dollar. | 14 | | (h) State Superintendent administration of funding and | 15 | | district submission requirements. | 16 | | (1) The State Superintendent shall, in accordance with | 17 | | appropriations made by the General Assembly, meet the | 18 | | funding obligations created under this Section. | 19 | | (2) The State Superintendent shall calculate the | 20 | | Adequacy Target for each Organizational Unit and Net State | 21 | | Contribution Target for each Organizational Unit under | 22 | | this Section. The State Superintendent shall also certify | 23 | | the actual amounts of the New State Funds payable for each | 24 | | eligible Organizational Unit based on the equitable | 25 | | distribution calculation to the unit's treasurer, as soon | 26 | | as possible after such amounts are calculated, including |
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| 1 | | any applicable adjusted charge-off increase. No | 2 | | Evidence-Based Funding shall be distributed within an | 3 | | Organizational Unit without the approval of the unit's | 4 | | school board. | 5 | | (3) Annually, the State Superintendent shall calculate | 6 | | and report to each Organizational Unit the unit's aggregate | 7 | | financial adequacy amount, which shall be the sum of the | 8 | | Adequacy Target for each Organizational Unit. The State | 9 | | Superintendent shall calculate and report separately for | 10 | | each Organizational Unit the unit's total State funds | 11 | | allocated for its students with disabilities. The State | 12 | | Superintendent shall calculate and report separately for | 13 | | each Organizational Unit the amount of funding and | 14 | | applicable FTE calculated for each Essential Element of the | 15 | | unit's Adequacy Target. | 16 | | (4) Annually, the State Superintendent shall calculate | 17 | | and report to each Organizational Unit the amount the unit | 18 | | must expend on special education and bilingual education | 19 | | and computer technology and equipment for Organizational | 20 | | Units assigned to Tier 1 or Tier 2 that received an | 21 | | additional $285.50 per student computer technology and | 22 | | equipment investment grant to their Adequacy Target | 23 | | pursuant to the unit's Base Funding Minimum, Special | 24 | | Education Allocation, Bilingual Education Allocation, and | 25 | | computer technology and equipment investment allocation. | 26 | | (5) Moneys distributed under this Section shall be |
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| 1 | | calculated on a school year basis, but paid on a fiscal | 2 | | year basis, with payments beginning in August and extending | 3 | | through June. Unless otherwise provided, the moneys | 4 | | appropriated for each fiscal year shall be distributed in | 5 | | 22 equal payments at least 2 times monthly to each | 6 | | Organizational Unit. The State Board shall publish a yearly | 7 | | distribution schedule at its meeting in June. If moneys | 8 | | appropriated for any fiscal year are distributed other than | 9 | | monthly, the distribution shall be on the same basis for | 10 | | each Organizational Unit. | 11 | | (6) Any school district that fails, for any given | 12 | | school year, to maintain school as required by law or to | 13 | | maintain a recognized school is not eligible to receive | 14 | | Evidence-Based Funding. In case of non-recognition of one | 15 | | or more attendance centers in a school district otherwise | 16 | | operating recognized schools, the claim of the district | 17 | | shall be reduced in the proportion that the enrollment in | 18 | | the attendance center or centers bears to the enrollment of | 19 | | the school district. "Recognized school" means any public | 20 | | school that meets the standards for recognition by the | 21 | | State Board. A school district or attendance center not | 22 | | having recognition status at the end of a school term is | 23 | | entitled to receive State aid payments due upon a legal | 24 | | claim that was filed while it was recognized. | 25 | | (7) School district claims filed under this Section are | 26 | | subject to Sections 18-9 and 18-12 of this Code, except as |
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| 1 | | otherwise provided in this Section. | 2 | | (8) Each fiscal year, the State Superintendent shall | 3 | | calculate for each Organizational Unit an amount of its | 4 | | Base Funding Minimum and Evidence-Based Funding that shall | 5 | | be deemed attributable to the provision of special | 6 | | educational facilities and services, as defined in Section | 7 | | 14-1.08 of this Code, in a manner that ensures compliance | 8 | | with maintenance of State financial support requirements | 9 | | under the federal Individuals with Disabilities Education | 10 | | Act. An Organizational Unit must use such funds only for | 11 | | the provision of special educational facilities and | 12 | | services, as defined in Section 14-1.08 of this Code, and | 13 | | must comply with any expenditure verification procedures | 14 | | adopted by the State Board. | 15 | | (9) All Organizational Units in this State must submit | 16 | | annual spending plans by the end of September of each year | 17 | | to the State Board as part of the annual budget process, | 18 | | which shall describe how each Organizational Unit will | 19 | | utilize the Base Minimum Funding and Evidence-Based | 20 | | funding it receives from this State under this Section with | 21 | | specific identification of the intended utilization of | 22 | | Low-Income, English learner, and special education | 23 | | resources. Additionally, the annual spending plans of each | 24 | | Organizational Unit shall describe how the Organizational | 25 | | Unit expects to achieve student growth and how the | 26 | | Organizational Unit will achieve State education goals, as |
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| 1 | | defined by the State Board. The State Superintendent may, | 2 | | from time to time, identify additional requisites for | 3 | | Organizational Units to satisfy when compiling the annual | 4 | | spending plans required under this subsection (h). The | 5 | | format and scope of annual spending plans shall be | 6 | | developed by the State Superintendent and the State Board | 7 | | of Education in conjunction with the Professional Review | 8 | | Panel . School districts that serve students under Article | 9 | | 14C of this Code shall continue to submit information as | 10 | | required under Section 14C-12 of this Code. | 11 | | (10) No later than January 1, 2018, the State | 12 | | Superintendent shall develop a 5-year strategic plan for | 13 | | all Organizational Units to help in planning for adequacy | 14 | | funding under this Section. The State Superintendent shall | 15 | | submit the plan to the Governor and the General Assembly, | 16 | | as provided in Section 3.1 of the General Assembly | 17 | | Organization Act. The plan shall include recommendations | 18 | | for: | 19 | | (A) a framework for collaborative, professional, | 20 | | innovative, and 21st century learning environments | 21 | | using the Evidence-Based Funding model; | 22 | | (B) ways to prepare and support this State's | 23 | | educators for successful instructional careers; | 24 | | (C) application and enhancement of the current | 25 | | financial accountability measures, the approved State | 26 | | plan to comply with the federal Every Student Succeeds |
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| 1 | | Act, and the Illinois Balanced Accountability Measures | 2 | | in relation to student growth and elements of the | 3 | | Evidence-Based Funding model; and | 4 | | (D) implementation of an effective school adequacy | 5 | | funding system based on projected and recommended | 6 | | funding levels from the General Assembly. | 7 | | (11) On an annual basis, the State Superintendent
must | 8 | | recalibrate all of the following per pupil elements of the | 9 | | Adequacy Target and applied to the formulas, based on the | 10 | | study of average expenses and as reported in the most | 11 | | recent annual financial report: | 12 | | (A) Gifted under subparagraph (M) of paragraph
(2) | 13 | | of subsection (b). | 14 | | (B) Instructional materials under subparagraph
(O) | 15 | | of paragraph (2) of subsection (b). | 16 | | (C) Assessment under subparagraph (P) of
paragraph | 17 | | (2) of subsection (b). | 18 | | (D) Student activities under subparagraph (R) of
| 19 | | paragraph (2) of subsection (b). | 20 | | (E) Maintenance and operations under subparagraph
| 21 | | (S) of paragraph (2) of subsection (b). | 22 | | (F) Central office under subparagraph (T) of
| 23 | | paragraph (2) of subsection (b). | 24 | | (i) Professional Review Panel. | 25 | | (1) A Professional Review Panel is created to study and | 26 | | review topics related to the implementation and effect of |
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| 1 | | the Evidence-Based Funding , as assigned by a joint | 2 | | resolution or Public Act of the General Assembly or a | 3 | | motion passed by the State Board of Education. The Panel | 4 | | must provide recommendations to and serve the Governor, | 5 | | General Assembly, and the State Board model under this | 6 | | Section and to recommend continual recalibration and | 7 | | future study topics and modifications to the | 8 | | Evidence-Based Funding model . The State Superintendent or | 9 | | his or her designee must serve as a voting member and | 10 | | chairperson of the Panel. The State Superintendent must | 11 | | appoint a vice chairperson from the membership of the | 12 | | Panel. The Panel must advance recommendations based on a | 13 | | three-fifths majority vote of panel members present and | 14 | | voting Panel shall elect a chairperson and vice chairperson | 15 | | by a majority vote of the Panel and shall advance | 16 | | recommendations based on a majority vote of the Panel . A | 17 | | minority opinion may also accompany any recommendation of | 18 | | the majority of the Panel. The Panel shall be appointed by | 19 | | the State Superintendent, except as otherwise provided in | 20 | | paragraph (2) of this subsection (i) and include the | 21 | | following members: | 22 | | (A) Two appointees that represent district | 23 | | superintendents, recommended by a statewide | 24 | | organization that represents district superintendents. | 25 | | (B) Two appointees that represent school boards, | 26 | | recommended by a statewide organization that |
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| 1 | | represents school boards. | 2 | | (C) Two appointees from districts that represent | 3 | | school business officials, recommended by a statewide | 4 | | organization that represents school business | 5 | | officials. | 6 | | (D) Two appointees that represent school | 7 | | principals, recommended by a statewide organization | 8 | | that represents school principals. | 9 | | (E) Two appointees that represent teachers, | 10 | | recommended by a statewide organization that | 11 | | represents teachers. | 12 | | (F) Two appointees that represent teachers, | 13 | | recommended by another statewide organization that | 14 | | represents teachers. | 15 | | (G) Two appointees that represent regional | 16 | | superintendents of schools, recommended by | 17 | | organizations that represent regional superintendents. | 18 | | (H) Two independent experts selected solely by the | 19 | | State Superintendent. | 20 | | (I) Two independent experts recommended by public | 21 | | universities in this State. | 22 | | (J) One member recommended by a statewide | 23 | | organization that represents parents. | 24 | | (K) Two representatives recommended by collective | 25 | | impact organizations that represent major metropolitan | 26 | | areas or geographic areas in Illinois. |
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| 1 | | (L) One member from a statewide organization | 2 | | focused on research-based education policy to support | 3 | | a school system that prepares all students for college, | 4 | | a career, and democratic citizenship. | 5 | | (M) One representative from a school district | 6 | | organized under Article 34 of this Code. | 7 | | The State Superintendent shall ensure that the | 8 | | membership of the Panel includes representatives from | 9 | | school districts and communities reflecting the | 10 | | geographic, socio-economic, racial, and ethnic diversity | 11 | | of this State. The State Superintendent shall additionally | 12 | | ensure that the membership of the Panel includes | 13 | | representatives with expertise in bilingual education and | 14 | | special education. Staff from the State Board shall staff | 15 | | the Panel. | 16 | | (2) In addition to those Panel members appointed by the | 17 | | State Superintendent, 4 members of the General Assembly | 18 | | shall be appointed as follows: one member of the House of | 19 | | Representatives appointed by the Speaker of the House of | 20 | | Representatives, one member of the Senate appointed by the | 21 | | President of the Senate, one member of the House of | 22 | | Representatives appointed by the Minority Leader of the | 23 | | House of Representatives, and one member of the Senate | 24 | | appointed by the Minority Leader of the Senate. There shall | 25 | | be one additional member appointed by the Governor. All | 26 | | members appointed by legislative leaders or the Governor |
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| 1 | | shall be non-voting, ex officio members. | 2 | | (3) The Panel must study topics at the direction of the | 3 | | General Assembly or State Board of Education, as provided | 4 | | under paragraph (1). The Panel may also study the following | 5 | | topics at the direction of the chairperson: On an annual | 6 | | basis, the State Superintendent shall recalibrate the | 7 | | following per pupil elements of the Adequacy Target and | 8 | | applied to the formulas, based on the Panel's study of | 9 | | average expenses as reported in the most recent annual | 10 | | financial report: | 11 | | (A) gifted under subparagraph (M) of paragraph (2) | 12 | | of subsection (b) of this Section; | 13 | | (B) instructional materials under subparagraph (O) | 14 | | of paragraph (2) of subsection (b) of this Section; | 15 | | (C) assessment under subparagraph (P) of paragraph | 16 | | (2) of subsection (b) of this Section; | 17 | | (D) student activities under subparagraph (R) of | 18 | | paragraph (2) of subsection (b) of this Section; | 19 | | (E) maintenance and operations under subparagraph | 20 | | (S) of paragraph (2) of subsection (b) of this Section; | 21 | | and | 22 | | (F) central office under subparagraph (T) of | 23 | | paragraph (2) of subsection (b) of this Section. | 24 | | (4) On a periodic basis, the Panel shall study all the | 25 | | following elements and make recommendations to the State | 26 | | Board, the General Assembly, and the Governor for |
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| 1 | | modification of this Section: | 2 | | (A) The format and scope of annual spending plans | 3 | | referenced in paragraph (9) of subsection (h) of this | 4 | | Section. | 5 | | (B) The Comparable Wage Index under this Section , | 6 | | to be studied by the Panel and reestablished by the | 7 | | State Superintendent every 5 years . | 8 | | (C) Maintenance and operations , including capital | 9 | | maintenance and construction costs . Within 5 years | 10 | | after the implementation of this Section, the Panel | 11 | | shall make recommendations for the further study of | 12 | | maintenance and operations costs, including capital | 13 | | maintenance costs, and recommend any additional | 14 | | reporting data required from Organizational Units. | 15 | | (D) "At-risk student" definition. Within 5 years | 16 | | after the implementation of this Section, the Panel | 17 | | shall make recommendations for the further study and | 18 | | determination of an "at-risk student" definition. | 19 | | Within 5 years after the implementation of this | 20 | | Section, the Panel shall evaluate and make | 21 | | recommendations regarding adequate funding for poverty | 22 | | concentration under the Evidence-Based Funding model. | 23 | | (E) Benefits. Within 5 years after the | 24 | | implementation of this Section, the Panel shall make | 25 | | recommendations for further study of benefit costs. | 26 | | (F) Technology. The per pupil target for |
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| 1 | | technology shall be reviewed every 3 years to determine | 2 | | whether current allocations are sufficient to develop | 3 | | 21st century learning in all classrooms in this State | 4 | | and supporting a one-to-one technological device | 5 | | program in each school. Recommendations shall be made | 6 | | no later than 3 years after the implementation of this | 7 | | Section. | 8 | | (G) Local Capacity Target. Within 3 years after the | 9 | | implementation of this Section, the Panel shall make | 10 | | recommendations for any additional data desired to | 11 | | analyze possible modifications to the Local Capacity | 12 | | Target, to be based on measures in addition to solely | 13 | | EAV and to be completed within 5 years after | 14 | | implementation of this Section. | 15 | | (H) Funding for Alternative Schools, Laboratory | 16 | | Schools, safe schools, and alternative learning | 17 | | opportunities programs. By the beginning of the | 18 | | 2021-2022 school year, the Panel shall study and make | 19 | | recommendations regarding the funding levels for | 20 | | Alternative Schools, Laboratory Schools, safe schools, | 21 | | and alternative learning opportunities programs in | 22 | | this State. | 23 | | (I) Funding for college and career acceleration | 24 | | strategies. By the beginning of the 2021-2022 school | 25 | | year, the Panel shall study and make recommendations | 26 | | regarding funding levels to support college and career |
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| 1 | | acceleration strategies in high school that have been | 2 | | demonstrated to result in improved secondary and | 3 | | postsecondary outcomes, including Advanced Placement, | 4 | | dual-credit opportunities, and college and career | 5 | | pathway systems. | 6 | | (J) Special education investments. By the | 7 | | beginning of the 2021-2022 school year, the Panel shall | 8 | | study and make recommendations on whether and how to | 9 | | account for disability types within the special | 10 | | education funding category. | 11 | | (K) Early childhood investments , in . In | 12 | | collaboration with the Illinois Early Learning | 13 | | Council , the Panel shall include an analysis of what | 14 | | level of Preschool for All Children funding would be | 15 | | necessary to serve all children ages 0 through 5 years | 16 | | in the highest-priority service tier, as specified in | 17 | | paragraph (4.5) of subsection (a) of Section 2-3.71 of | 18 | | this Code, and an analysis of the potential cost | 19 | | savings that that level of Preschool for All Children | 20 | | investment would have on the kindergarten through | 21 | | grade 12 system . | 22 | | (4) (Blank). | 23 | | (5) Within 5 years after the implementation of this | 24 | | Section, and every 5 years thereafter, the Panel shall | 25 | | complete an evaluative study of the entire Evidence-Based | 26 | | Funding model, including an assessment of whether or not |
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| 1 | | the formula is achieving State goals. The Panel shall | 2 | | report to the State Board, the General Assembly, and the | 3 | | Governor on the findings of the study. | 4 | | (6) (Blank). Within 3 years after the implementation of | 5 | | this Section, the Panel shall evaluate and provide | 6 | | recommendations to the Governor and the General Assembly on | 7 | | the hold-harmless provisions of this Section found in the | 8 | | Base Funding Minimum. | 9 | | (j) References. Beginning July 1, 2017, references in other | 10 | | laws to general State aid funds or calculations under Section | 11 | | 18-8.05 of this Code (now repealed) shall be deemed to be | 12 | | references to evidence-based model formula funds or | 13 | | calculations under this Section.
| 14 | | (Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18; | 15 | | 100-582, eff. 3-23-18.)
| 16 | | (105 ILCS 5/28-1) (from Ch. 122, par. 28-1)
| 17 | | Sec. 28-1. Copies and prices filed - Bond. No publisher or | 18 | | retail dealer person shall offer any school instructional | 19 | | materials for
adoption, sale , or exchange in the State until it | 20 | | he has complied with the
following conditions:
| 21 | | 1. The publisher or retail dealer shall publish on its | 22 | | website by July 15 each year a sworn statement He shall file | 23 | | with the State Board of Education, annually, by July
15, a | 24 | | sworn statement of the usual list
price, the lowest net | 25 | | wholesale price, and the lowest net exchange price
at which the |
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| 1 | | material is sold or exchanged for old material on the same
| 2 | | subject of like grade and kind but of a different series taken | 3 | | in part
payment thereof.
| 4 | | 2. The publisher or retail dealer shall obtain He shall | 5 | | file with the State Board of Education a
bond payable to the | 6 | | People of the State of Illinois with a surety
company | 7 | | authorized to do business in the State of Illinois as surety
| 8 | | thereon , in a penal sum to be determined by the State Board of | 9 | | Education,
of not less than $2,000 $2000 nor more than $10,000 | 10 | | conditioned as
follows:
| 11 | | (a) That the publisher or retail dealer he will furnish | 12 | | annually any of the materials listed on the sworn statement on | 13 | | its website in any
annual statement filed by him to any school | 14 | | district and any school
corporation in this State at the lowest | 15 | | net prices contained in the
statements and that it he will | 16 | | maintain said prices uniformly throughout
the State.
| 17 | | (b) That the publisher or retail dealer he will reduce such | 18 | | net prices in Illinois whenever they
are reduced elsewhere in | 19 | | the United States, and shall publish on its website that he | 20 | | will file with
the State Board of Education a sworn statement
| 21 | | of reductions made elsewhere, so that at no time shall any | 22 | | instructional
material so filed and listed by the publisher or | 23 | | retail dealer him be sold in this State at a higher
net price | 24 | | than is received for such material elsewhere in the United
| 25 | | States.
| 26 | | (c) The publisher or retail dealer He shall not enter into |
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| 1 | | any understanding, agreement or
combination to control the | 2 | | prices or to restrict competition in the sale
of instructional | 3 | | materials.
| 4 | | (Source: P.A. 81-1508.)
| 5 | | (105 ILCS 5/28-4) (from Ch. 122, par. 28-4)
| 6 | | Sec. 28-4. Notice of violations - Proceedings for | 7 | | forfeiture of bond. The school board of each district wherein | 8 | | the instructional materials
listed under the provisions of this | 9 | | Article have been adopted shall
notify the State Board of | 10 | | Education
of any violation of any
of the conditions contained | 11 | | in said bond. The State Board of Education may
shall thereupon | 12 | | notify the person
guilty of the violation
and if such person | 13 | | disregards the notification and fails to comply with
the | 14 | | requirements of the contract , the State Board of Education may | 15 | | shall
institute legal proceedings for the forfeiture of the
| 16 | | bond.
| 17 | | (Source: P.A. 81-1508.)
| 18 | | (105 ILCS 5/28-7) (from Ch. 122, par. 28-7)
| 19 | | Sec. 28-7. Retail prices of books. It is unlawful for any | 20 | | retail dealer in textbooks to sell any books
listed on the | 21 | | sworn statement published on the retail dealer's website with | 22 | | the State Board of Education at a price to
exceed a 15% advance | 23 | | on the net prices as so listed.
| 24 | | (Source: P.A. 81-1508.)
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| 1 | | (105 ILCS 5/28-8) (from Ch. 122, par. 28-8) | 2 | | Sec. 28-8. Purchase by districts for resale at cost. School | 3 | | districts may purchase textbooks and electronic textbooks and | 4 | | the technological equipment necessary to gain access to and use | 5 | | electronic textbooks from the publishers and manufacturers at | 6 | | the
prices listed on the sworn statement published on the | 7 | | retail dealer's website with the State Board of Education and | 8 | | sell
them to the pupils at the listed prices or at such prices | 9 | | as will
include the cost of transportation and handling. | 10 | | (Source: P.A. 96-1403, eff. 7-29-10.) | 11 | | (105 ILCS 5/28-9) (from Ch. 122, par. 28-9) | 12 | | Sec. 28-9. Purchase by districts - Designation of agent for | 13 | | sale. School districts may purchase out of contingent funds | 14 | | school
textbooks or electronic textbooks, instructional | 15 | | materials, and the technological equipment necessary to gain | 16 | | access to and use electronic textbooks from the publishers and | 17 | | manufacturers at the prices listed on the sworn statement | 18 | | published on the retail dealer's website with the
State Board | 19 | | of Education and
may designate a retail dealer
or dealers to | 20 | | act as the agent of the district in selling them to
pupils. | 21 | | Such dealers shall at stated times make settlement with the
| 22 | | district for books sold. Such dealers shall not sell textbooks | 23 | | at prices
which exceed a 10% advance on the net prices as | 24 | | listed on the sworn statement with the
State Board of |
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| 1 | | Education . | 2 | | (Source: P.A. 96-1403, eff. 7-29-10.) | 3 | | (105 ILCS 5/28-21) (from Ch. 122, par. 28-21) | 4 | | Sec. 28-21. The State Board of Education shall require each | 5 | | publisher
of any printed textbook or electronic textbook that | 6 | | is listed for use by the State Board of Education under
this | 7 | | Article or that is furnished at public expense under Sections | 8 | | 28-14
through 28-19 and is first published after July 19, 2006 | 9 | | to furnish, as provided in this Section, an accessible | 10 | | electronic file set of contracted print material to the | 11 | | National Instructional Materials Access Center, which shall | 12 | | then be available to the State Board of Education or its | 13 | | authorized user for the purpose of conversion to an accessible | 14 | | format for use by a child with a print disability and for | 15 | | distribution to local education agencies. An "accessible | 16 | | electronic file" means a file that conforms to specifications | 17 | | of the national file format adopted by the United States | 18 | | Department of Education. Other terms used in this Section shall | 19 | | be construed in compliance with the federal Individuals with | 20 | | Disabilities Education Act and related regulations. | 21 | | (Source: P.A. 95-415, eff. 8-24-07; 96-1403, eff. 7-29-10.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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