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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
SCHOOLS (105 ILCS 5/) School Code. 105 ILCS 5/17-19 (105 ILCS 5/17-19) Sec. 17-19. Establishment of lines of credit by regional superintendents. (a) In lieu of borrowing in accordance with the provisions of Section 18-20 of this Code, a regional superintendent of schools, in his or her official capacity as regional superintendent of schools, may anticipate revenues due in the current fiscal year or expected to be due in the next subsequent fiscal year and issue notes or other obligations (and in connection with that issuance, establish a line of credit with a bank or other financial institution) in an amount not to exceed the following: (1) if anticipating revenues due in the current | | fiscal year, 85% of the amount or amounts of State categorical or grant payments due in the current fiscal year as certified by the State Superintendent of Education or other official in a position to provide assurances as to the amounts; and
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| (2) if anticipating revenues expected to be due in
| | the next subsequent fiscal year, 50% of the amount or amounts of State categorical or grant payments due in the current fiscal year as certified by the State Superintendent of Education or other official in a position to provide assurances as to the amounts.
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| All moneys so borrowed shall be repaid exclusively from such anticipated revenues within 60 days after the revenues have been received.
(b) Borrowing authorized under subsection (a) of this Section shall bear interest at a rate not to exceed the maximum rate authorized by the Bond Authorization Act, from the date of issuance until paid.
(c) Prior to borrowing or establishing a line of credit under this Section, the regional superintendent of schools, in his or her official capacity as regional superintendent of schools, shall authorize, by executive order or resolution, the borrowing or line of credit. The executive order or resolution shall set forth facts demonstrating the need for the borrowing or line of credit, state the amount to be borrowed, establish a maximum interest rate limit not to exceed that set forth in subsection (b) of this Section, and provide a date by which the borrowed funds shall be repaid. The executive order or resolution shall direct the relevant officials to make arrangements to set apart and hold the revenue, as received, that will be used to repay the borrowing. In addition, the executive order or resolution may authorize the relevant officials to make partial repayments of the borrowing as the revenues become available and may contain any other terms, restrictions, or limitations not inconsistent with the provisions of this Section.
(Source: P.A. 96-19, eff. 6-26-09.)
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105 ILCS 5/Art. 18
(105 ILCS 5/Art. 18 heading)
ARTICLE 18.
COMMON SCHOOL FUND
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105 ILCS 5/18-1
(105 ILCS 5/18-1) (from Ch. 122, par. 18-1)
Sec. 18-1.
Moneys
constituting fund.
The common school fund of the state shall consist of any sums accredited
thereto in pursuance of law, of the interest on the school fund proper,
which fund is 3% upon the proceeds of the sales of public lands in the
State, 1/6 part excepted; and the interest on the surplus revenue
distributed by Act of Congress and made part of the common school fund by
Act of the legislature, March 4, 1837. The interest on the school fund
proper and the surplus revenue shall be paid by the State annually at the
rate of 6%, and shall be distributed as provided by law.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/18-3 (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
Sec. 18-3. Tuition of children from orphanages and children's homes.
When the children from any home for orphans, dependent, abandoned or
maladjusted children maintained by any organization or association
admitting to such home children from the State in general or when children
residing in a school district wherein the State of Illinois maintains and
operates any welfare or penal institution on property owned by
the State of Illinois, which contains houses, housing units or housing
accommodations within a school district, attend grades kindergarten through
12 of the public schools maintained by that school district, the
State Superintendent of Education shall direct the State Comptroller to
pay a specified amount sufficient to pay the annual tuition cost of such
children who attended such public schools during the regular school year
ending on June 30. The
Comptroller shall pay the amount after receipt of a voucher
submitted by the State Superintendent of Education.
The amount of the tuition for such children attending the public schools
of the district shall be determined by the State Superintendent of
Education by multiplying the number of such children in average daily
attendance in such schools by 1.2 times the total annual per capita cost of
administering the schools of the district. Such total annual per capita
cost shall be determined by totaling all expenses of the school district in
the educational, operations and maintenance, bond and interest,
transportation, Illinois municipal retirement, and rent funds for the
school year preceding the filing of such tuition claims less expenditures
not applicable to the regular K-12 program, less offsetting revenues from
State sources except those from the common school fund, less offsetting
revenues from federal sources except those from federal impaction aid, less
student and community service revenues, plus a depreciation allowance; and
dividing such total by the average daily attendance for the year.
Annually on or before June 15 the superintendent of the district shall certify to the State Superintendent of Education the following:
1. The name of the home and of the organization or | | association maintaining it; or the legal description of the real estate upon which the house, housing units, or housing accommodations are located and that no taxes or service charges or other payments authorized by law to be made in lieu of taxes were collected therefrom or on account thereof during either of the calendar years included in the school year for which claim is being made;
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2. The number of children from the home or living in
| | such houses, housing units or housing accommodations and attending the schools of the district;
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3. The total number of children attending the schools
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4. The per capita tuition charge of the district; and
5. The computed amount of the tuition payment claimed
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Whenever the persons in charge of such home for orphans, dependent, abandoned
or maladjusted children have received from the parent or guardian of any such
child or by virtue of an order of court a specific allowance for educating
such child, such persons shall pay to the school board in the district
where the child attends school such amount of the allowance as is necessary
to pay the tuition required by such district for the education of the
child. If the allowance is insufficient to pay the tuition in full the
State Superintendent of Education shall direct the Comptroller to pay to
the district the difference between the total tuition charged and the
amount of the allowance.
Whenever the facilities of a school district in which such house,
housing units or housing accommodations are located, are limited, pupils
may be assigned by that district to the schools of any adjacent district to
the limit of the facilities of the adjacent district to properly educate
such pupils as shall be determined by the school board of the adjacent
district, and the State Superintendent of Education shall direct the
Comptroller to pay a specified amount sufficient to pay the annual tuition
of the children so assigned to and attending public schools in the adjacent
districts and the Comptroller shall draw his warrant upon the State
Treasurer for the payment of such amount for the benefit of the adjacent
school districts in the same manner as for districts in which the houses,
housing units or housing accommodations are located.
Summer session costs shall be reimbursed based on the actual expenditures for providing these services. On or before November 1 of each year, the superintendent of each eligible school district shall certify to the State Superintendent of Education the claim of the district for the summer session following the regular school year just ended. The State Superintendent of Education shall transmit to the Comptroller no later than December 15th of each year vouchers for payment of amounts due to school districts for summer session.
Claims for tuition for children from any home for orphans or dependent,
abandoned, or maladjusted children
shall be paid on a current year basis. On September 30, December 31, and
March 31, the State Board of Education shall voucher payments for districts
with those students based on an estimated cost calculated from the prior
year's claim. The school district shall certify to the State Superintendent of Education the report of claims due for such tuition payments on or before June 15. Claims received by June 15 may be amended until August 1. The State Superintendent of Education shall direct the State Comptroller to pay to the district, on or before August 31, the amount due for the district for the school year in accordance with the calculation of the claim as set forth in this Section. However, notwithstanding any other provisions of this Section or the
School Code, beginning with fiscal year 1994 and each fiscal year thereafter, if the amount appropriated for any fiscal year is
less than the amount required for purposes of this Section, the amount required
to eliminate any insufficient reimbursement for each district claim under this
Section shall be reimbursed on August 31 of the next fiscal year. Payments required to eliminate any insufficiency for prior fiscal
year claims shall be made before any claims are paid for the current fiscal
year.
If a school district makes a claim for reimbursement under Section 14-7.03 it shall not include in any claim filed under this Section
children residing on the property of State institutions included in its
claim under Section 14-7.03.
Any child who is not a resident of Illinois who is placed in a child
welfare institution, private facility, State operated program, orphanage
or children's home shall have the payment for his educational tuition and
any related services assured by the placing agent.
In order to provide services appropriate to allow a student under the legal
guardianship or custodianship of the State to participate in local school
district educational programs, costs may be incurred in appropriate cases by
the
district that are in excess of 1.2 times the district per capita tuition charge
allowed under the provisions of this Section. In the event such excess costs
are incurred, they must be documented in accordance with cost rules established
under the authority of this Section and may then be claimed for reimbursement
under this Section.
Planned services for students eligible for this funding must be a
collaborative effort between the appropriate State agency or the student's
group home or institution and the local school district.
(Source: P.A. 101-17, eff. 6-14-19.)
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105 ILCS 5/18-4.2
(105 ILCS 5/18-4.2) (from Ch. 122, par. 18-4.2)
Sec. 18-4.2.
(Repealed).
(Source: P.A. 88-641, eff. 9-9-94. Repealed by P.A. 91-96, eff. 7-9-99.)
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105 ILCS 5/18-4.3
(105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
Sec. 18-4.3. Summer school grants. Through fiscal year 2017, grants shall be determined for
pupil attendance in summer schools conducted under Sections 10-22.33A
and 34-18 and approved under Section 2-3.25 in the following manner.
The amount of grant for each accredited summer school attendance pupil shall
be obtained by dividing the total amount of apportionments determined under Section 18-8.05 by the
actual
number of pupils in average daily attendance used for such
apportionments. The number of credited summer school attendance pupils
shall be determined (a) by counting clock hours of class instruction by
pupils enrolled in grades 1 through 12 in approved courses conducted at
least 60 clock hours in summer sessions; (b) by dividing such total of
clock hours of class instruction by 4 to produce days of credited pupil
attendance; (c) by dividing such days of credited pupil attendance by
the actual number of days in the regular term as used in computation in
the general apportionment in Section 18-8.05; and (d) by
multiplying by
1.25.
The amount of the grant for a summer school program approved by the
State Superintendent of Education for children with
disabilities, as defined
in Sections 14-1.02 through 14-1.07, shall be determined in the manner
contained above except that average daily membership shall be utilized
in lieu of average daily attendance.
In the case of an apportionment based on summer school attendance or
membership pupils, the claim therefor shall be presented as a separate
claim for the particular school year in which such summer school
session ends. On or before November 1 of each year the
superintendent of each eligible school district shall certify to
the State Superintendent of Education the claim
of the district for the summer
session just ended. Failure on the part of the school board to so
certify shall constitute a forfeiture of its right to such payment. The State Superintendent of Education shall transmit to the
Comptroller no later than December 15th of each year
vouchers for payment of amounts due school districts for
summer school. The State Superintendent of Education shall direct the
Comptroller to draw his warrants for payments thereof by the 30th
day of December. If the money appropriated by the
General Assembly for such purpose for any year is insufficient, it shall
be apportioned on the basis of claims approved.
However, notwithstanding the foregoing provisions, for each fiscal year the
money appropriated by the General
Assembly for the purposes of this Section shall only be used for grants
for approved summer school programs for those children with
disabilities served pursuant to Section 14-7.02 or 14-7.02b of this
Code. No funding shall be provided to school districts under this Section after fiscal year 2017. In fiscal year 2018 and each fiscal year thereafter, all funding received by a school district from the State pursuant to Section 18-8.15 of this Code that is attributable to summer school for special education pupils must be used for special education services authorized under this Code.
(Source: P.A. 100-465, eff. 8-31-17.)
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105 ILCS 5/18-4.4
(105 ILCS 5/18-4.4) (from Ch. 122, par. 18-4.4)
Sec. 18-4.4. Tax Equivalent Grants. When any State institution is
located in a school district in which the State owns 45% or more of the
total land area of the district, the State Superintendent of Education
shall annually direct the State Comptroller to pay the amount of the
tax-equivalent grants provided in this Section, and the State Comptroller shall
draw his warrant upon the State Treasurer for the payment of the grants. For
fiscal year 1995 and each fiscal year thereafter,
the grant shall equal
0.5% of the equalized assessed
valuation of the land owned by the State (computing that equalized assessed
valuation by multiplying the average value per taxable acre of the school
district by the total number of acres of land owned by the State). Annually on
or before September 15, 1994 and July 1, thereafter, the district
superintendent shall certify to the State Board of Education the following
matters:
1. The name of the State institution.
2. The total land area of the district in acres.
3. The total ownership of the land of the State in | |
4. The total equalized assessed value of all the land
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5. The rate of school tax payable in the year.
6. The computed amount of the tax-equivalent grant
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Failure of any district superintendent to certify the
claim for the tax-equivalent grant on or before September 15, 1994 or July 1 of
a subsequent year shall constitute a forfeiture by the district of its right to
such grant for the school year.
Notwithstanding any provision of law to the contrary or the disposition of State property which would affect the allocation of grants under this Section, a tax-equivalent grant may be awarded to a school district in which the State owns 40% or more of the
total land area of the district if, as of the effective date of this amendatory Act of the 102nd General Assembly, the school district would otherwise qualify for a tax-equivalent grant under this Section as a district in which the State owns 45% or more of the
total land area.
(Source: P.A. 102-280, eff. 8-6-21.)
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105 ILCS 5/18-4.5
(105 ILCS 5/18-4.5)
Sec. 18-4.5. Home Hospital Grants. Except for those children qualifying
under Article 14, school districts shall be eligible to receive reimbursement
for all children requiring home or hospital instruction at not more than $1,000
annually per child or $9,000 per teacher, whichever is less.
(Source: P.A. 98-739, eff. 7-16-14.)
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105 ILCS 5/18-5
(105 ILCS 5/18-5) (from Ch. 122, par. 18-5)
Sec. 18-5. Compensation of regional superintendents and assistants. The State Board of Education
shall request an appropriation payable
from the Personal Property Tax Replacement Fund for compensation for regional
superintendents of schools and the assistant regional superintendents of
schools authorized by Section 3-15.10 of this Act, and as provided in "An Act concerning
fees and salaries and to classify the several counties of this State with
reference thereto", approved March 29, 1872 as amended, and shall present
vouchers to the Comptroller
monthly for the payment to the
several regional superintendents and such assistant regional superintendents
of their compensation as fixed by law. Such payments shall be made either
(1) monthly, at the close of the month, or (2) semimonthly on or around
the 15th of the month and at the close of the month, at the option of the
regional superintendent or assistant regional superintendent.
(Source: P.A. 97-619, eff. 11-14-11; 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
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105 ILCS 5/18-6
(105 ILCS 5/18-6) (from Ch. 122, par. 18-6)
Sec. 18-6. Supervisory expenses. The State Board of Education
shall annually request an appropriation for
regional office of education expenses, aggregating $1,000 per county per year
for each educational service region.
The State Board of Education shall present vouchers to the Comptroller as
soon as may be after the first day of August
each year for each regional office of education.
Each regional office of education may draw upon these funds for the
expenses necessarily incurred in providing for supervisory services in the
region.
(Source: P.A. 98-739, eff. 7-16-14.)
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105 ILCS 5/18-7
(105 ILCS 5/18-7) (from Ch. 122, par. 18-7)
Sec. 18-7.
Payments for benefit of teacher retirement systems.
(a) In each fiscal year through fiscal year 1998, the State Board of
Education shall distribute to
the Public School Teachers' Pension and Retirement Fund of Chicago the sum, if
any, appropriated for that fiscal year from the Common School Fund for the
benefit of the Retirement Fund, in the manner provided in this Section,
the Illinois Pension Code, the State Finance Act, and other applicable
provisions of law. In making this distribution, the State Board of Education
shall present vouchers to the State Comptroller on the 10th and 20th days of
each month beginning in August. Each payment shall equal 1/24 of the annual
amount appropriated in the months of August through May and 1/12 of the annual
amount appropriated in June.
Beginning in fiscal year 1999, the State contributions to the Public School
Teachers' Pension and Retirement Fund of Chicago shall be appropriated directly
to
the Fund and paid in vouchers submitted by the board of trustees of the Fund.
Vouchers submitted under this subsection shall be paid by the State
Comptroller and Treasurer by warrants drawn on funds appropriated to the
Public School Teachers' Pension and Retirement Fund of Chicago.
(b) The State Board of Education shall, in State fiscal year 1995, pay to
the Teachers' Retirement System of the State of Illinois the amount
appropriated for the required State contribution to the System for that fiscal
year. The State Board of Education shall present vouchers to the State
Comptroller for this purpose on the 10th and 20th days of each month of the
fiscal year, other than the month of July. Each payment in the months of
August through May shall equal 1/24 of the amount appropriated for that fiscal
year; each payment in the month of June shall equal 1/12 of the amount
appropriated for that fiscal year.
Vouchers submitted
under this subsection shall be paid by the State
Comptroller and Treasurer by warrants drawn on funds appropriated to the State
Board of Education for that purpose.
(c) Beginning in State fiscal year 1996, the required State contributions
to the Teachers' Retirement System of the State of Illinois shall be
appropriated directly to the System and paid on vouchers submitted by the board
of trustees of the retirement system, as provided in Section 16-158 of the
Illinois Pension Code. These vouchers shall be paid by the State Comptroller
and Treasurer by warrants drawn on funds appropriated to the retirement system
for that purpose.
(Source: P.A. 90-548, eff. 12-4-97.)
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105 ILCS 5/18-8
(105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
Sec. 18-8.
(Repealed).
(Source: P.A. 90-655, eff. 7-30-98. Repealed internally, eff. 7-1-98.)
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105 ILCS 5/18-8.05
(105 ILCS 5/18-8.05)
Sec. 18-8.05. (Repealed).
(Source: P.A. 100-863, eff. 8-14-18. Repealed by P.A. 100-582, eff. 3-23-18.)
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105 ILCS 5/18-8.1
(105 ILCS 5/18-8.1)
Sec. 18-8.1. (Repealed).
(Source: Laws 1961, p. 3759. Repealed by P.A. 98-739, eff. 7-16-14.)
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105 ILCS 5/18-8.2
(105 ILCS 5/18-8.2) (from Ch. 122, par. 18-8.2)
Sec. 18-8.2. (Repealed). (Source: P.A. 94-902, eff. 7-1-06. Repealed by P.A. 94-1019, eff. 7-10-06.) |
105 ILCS 5/18-8.3
(105 ILCS 5/18-8.3)
Sec. 18-8.3. (Repealed).
(Source: P.A. 88-555, eff. 7-27-94. Repealed by P.A. 94-1019, eff. 7-10-06.)
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105 ILCS 5/18-8.4
(105 ILCS 5/18-8.4)
Sec. 18-8.4. (Repealed).
(Source: P.A. 84-1243. Repealed by P.A. 95-793, eff. 1-1-09.)
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