[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] | [ Senate Amendment 003 ] |
90_HB0452enr
New Act
Creates An Act to create a fair and equitable funding
formula for schools. Supplies only the Short Title of the
Act.
LRB9002549THcd
HB0452 Enrolled LRB9002549THcd
1 AN ACT relating to education, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 ARTICLE 5
5 Section 5-1. Short title. This Article may be cited as
6 the School Construction Law.
7 Section 5-5. Definitions. As used in this Article:
8 "Approved school construction bonds" mean bonds that were
9 approved by referendum after January 1, 1996 but prior to
10 January 1, 1998 as provided in Sections 19-2 through 19-7 of
11 the School Code to provide funds for the acquisition,
12 development, construction, reconstruction, rehabilitation,
13 improvement, architectural planning, and installation of
14 capital facilities consisting of buildings, structures,
15 durable-equipment, and land for educational purposes.
16 "Grant index" means a figure for each school district
17 equal to one minus the ratio of the district's equalized
18 assessed valuation per pupil in average daily attendance to
19 the equalized assessed valuation per pupil in average daily
20 attendance of the district located at the 90th percentile for
21 all districts of the same type. The grant index shall be no
22 less than 0.35 and no greater than 0.75 for each district;
23 provided that the grant index for districts whose equalized
24 assessed valuation per pupil in average daily attendance is
25 at the 99th percentile and above for all districts of the
26 same type shall be 0.00.
27 "School construction project" means the acquisition,
28 development, construction, reconstruction, rehabilitation,
29 improvement, architectural planning, and installation of
30 capital facilities consisting of buildings, structures,
HB0452 Enrolled -2- LRB9002549THcd
1 durable equipment, and land for educational purposes.
2 Section 5-10. Grant awards. The Capital Development
3 Board is authorized to make grants to school districts for
4 school construction projects with funds appropriated by the
5 General Assembly from the School Infrastructure Fund
6 pursuant to the provisions of this Article. The State Board
7 of Education is authorized to make grants to school districts
8 for debt service with funds appropriated by the General
9 Assembly from the School Infrastructure Fund pursuant to the
10 provisions of this Article.
11 Section 5-15. Grant entitlements. The State Board of
12 Education is authorized to issue grant entitlements for
13 school construction projects and debt service and shall
14 determine the priority order for school construction project
15 grants to be made by the Capital Development Board.
16 Section 5-20. Grant application; district facilities
17 plan. School districts shall apply to the State Board of
18 Education for school construction project grants and debt
19 service grants. Districts filing grant applications shall
20 submit to the State Board a district facilities plan that
21 shall include, but not be limited to, an assessment of
22 present and future district facility needs as required by
23 present and anticipated educational programming, the
24 availability of local financial resources including current
25 revenues, fund balances, and unused bonding capacity, a
26 fiscal plan for meeting present and anticipated debt service
27 obligations, and a maintenance plan and schedule that contain
28 necessary assurances that new, renovated, and existing
29 facilities are being or will be properly maintained. The
30 State Board of Education shall review and approve district
31 facilities plans prior to issuing grant entitlements. Each
HB0452 Enrolled -3- LRB9002549THcd
1 district that receives a grant entitlement shall annually
2 update its district facilities plan and submit the revised
3 plan to the State Board for approval.
4 Section 5-25. Eligibility and project standards.
5 (a) The State Board of Education shall establish
6 eligibility standards for school construction project grants
7 and debt service grants. These standards shall include
8 minimum enrollment requirements for eligibility for school
9 construction project grants of 200 students for elementary
10 districts, 200 students for high school districts, and 400
11 students for unit districts. The State Board of Education
12 shall approve a district's eligibility for a school
13 construction project grant or a debt service grant pursuant
14 to the established standards.
15 (b) The Capital Development Board shall establish
16 project standards for all school construction project grants
17 provided pursuant to this Article. These standards shall
18 include space and capacity standards as well as the
19 determination of recognized project costs that shall be
20 eligible for State financial assistance and enrichment costs
21 that shall not be eligible for State financial assistance.
22 Section 5-30. Priority of school construction projects.
23 The State Board of Education shall develop standards for the
24 determination of priority needs concerning school
25 construction projects based upon approved district facilities
26 plans. Such standards shall call for prioritization based on
27 the degree of need and project type in the following order:
28 (1) Replacement or reconstruction of school buildings
29 destroyed or damaged by flood, tornado, fire, earthquake, or
30 other disasters, either man-made or produced by nature;
31 (2) Projects designed to alleviate a shortage of
32 classrooms due to population growth or to replace aging
HB0452 Enrolled -4- LRB9002549THcd
1 school buildings;
2 (3) Projects resulting from interdistrict reorganization
3 of school districts contingent on local referenda;
4 (4) Replacement or reconstruction of school facilities
5 determined to be severe and continuing health or life safety
6 hazards;
7 (5) Alterations necessary to provide accessibility for
8 qualified individuals with disabilities; and
9 (6) Other unique solutions to facility needs.
10 Section 5-35. School construction project grant
11 amounts-Prohibited use.
12 (a) The product of the district's grant index and the
13 recognized project cost, as determined by the Capital
14 Development Board, for an approved school construction
15 project shall equal the amount of the grant the Capital
16 Development Board shall provide to the eligible district.
17 The grant index shall not be used in cases where the General
18 Assembly and the Governor approve appropriations designated
19 for specifically identified school district construction
20 projects.
21 (b) In each fiscal year in which school construction
22 project grants are awarded, 20% of the total amount awarded
23 statewide shall be awarded to a school district with a
24 population exceeding 500,000, provided such district complies
25 with the provisions of this Article.
26 (c) No portion of a school construction project grant
27 awarded by the Capital Development Board shall be used by a
28 school district for any on-going operational costs.
29 Section 5-40. Supervision of school construction
30 projects. The Capital Development Board shall exercise
31 general supervision over school construction projects
32 financed pursuant to this Article.
HB0452 Enrolled -5- LRB9002549THcd
1 Section 5-45. Debt service grants. School districts
2 that have issued approved school construction bonds shall be
3 eligible to apply for debt service grants. The amount
4 awarded to eligible districts for debt service grants shall
5 be equal to 10% of the principal amount of approved school
6 construction bonds issued by the district times the grant
7 index for the district. Debt service grants shall only be
8 used by school districts to: retire principal of approved
9 school construction bonds, restructure the debt service on
10 such bonds, or abate the property taxes levied for the
11 district's bond and interest fund by an amount identical to
12 the amount of the debt service grant. No debt service grants
13 shall be awarded by the State Board of Education after June
14 30, 1999.
15 Section 5-50. Referendum requirements. After the State
16 Board of Education has approved all or part of a district's
17 application and issued a grant entitlement for a school
18 construction project grant, the district shall submit the
19 project or the financing of the project to a referendum when
20 such referendum is required by law.
21 Section 5-55. Rules.
22 (a) The Capital Development Board shall promulgate such
23 rules as it deems necessary for carrying out its
24 responsibilities under the provisions of this Article.
25 (b) The State Board of Education shall promulgate such
26 rules as it deems necessary for carrying out its
27 responsibilities under the provisions of this Article.
28 (20 ILCS 3105/Art. 1A rep.)
29 Section 5-900. The Capital Development Board Act is
30 amended by repealing Article 1A.
HB0452 Enrolled -6- LRB9002549THcd
1 Section 5-905. The State Finance Act is amended by
2 adding Sections 5.500, 5.505, and 6z-45 as follows:
3 (30 ILCS 105/5.500 new)
4 Sec. 5.500. The School Infrastructure Fund.
5 (30 ILCS 105/5.505 new)
6 Sec. 5.505. The School Technology Revolving Loan Fund.
7 (30 ILCS 105/6z-45 new)
8 Sec. 6z-45. The School Infrastructure Fund. The School
9 Infrastructure Fund is created as a special fund in the State
10 Treasury. Subject to appropriation, money in the School
11 Infrastructure Fund shall, if and when the State of Illinois
12 incurs any bonded indebtedness for the construction of school
13 improvements under the School Construction Act, be set aside
14 and used for the purpose of paying and discharging annually
15 the principal and interest on that bonded indebtedness then
16 due and payable, and for no other purpose. The surplus, if
17 any, in the School Infrastructure Fund after the payment of
18 principal and interest on that bonded indebtedness then
19 annually due shall, subject to appropriation, be used as
20 follows:
21 First--to make 3 payments to the School Technology
22 Revolving Loan Fund as follows:
23 Transfer of $30,000,000 in fiscal year 1999;
24 Transfer of $20,000,000 in fiscal year 2000; and
25 Transfer of $10,000,000 in fiscal year 2001.
26 Second--to pay the expenses of the State Board of
27 Education and the Capital Development Board in administering
28 programs under the School Construction Act, the total
29 expenses not to exceed $1,000,000 in any fiscal year.
30 Third--to pay any amounts due for grants for school
31 construction projects and debt service under the School
HB0452 Enrolled -7- LRB9002549THcd
1 Construction Act.
2 Section 5-910. The Illinois Pension Code is amended by
3 changing Sections 17-108, 17-127, and 17-129 as follows:
4 (40 ILCS 5/17-108) (from Ch. 108 1/2, par. 17-108)
5 Sec. 17-108. Fiscal year and school year.
6 "Fiscal year" and "school year": Beginning July 1, 1999,
7 the period beginning on the 1st day of July September of one
8 calendar year and ending on the 30th 31st day of June August
9 of the next calendar year. Each fiscal year and each school
10 year shall be designated for convenience with the same number
11 as the calendar year in which that fiscal year or school year
12 ends. The fiscal year which begins September 1, 1998 shall
13 end June 30, 1999.
14 (Source: P.A. 83-792.)
15 (40 ILCS 5/17-127) (from Ch. 108 1/2, par. 17-127)
16 Sec. 17-127. Financing; revenues for the Fund.
17 (a) The revenues for the Fund shall consist of: (1)
18 amounts paid into the Fund by contributors thereto and from
19 employer contributions taxes and State appropriations in
20 accordance with this Article; (2) amounts contributed to the
21 Fund pursuant to any law now in force or hereafter to be
22 enacted; (3) contributions from any other source; and (4) the
23 earnings on investments.
24 (b) The General Assembly finds that for many years the
25 State has contributed to the Fund an annual amount that is
26 between 20% and 30% of the amount of the annual State
27 contribution to the Article 16 retirement system, and the
28 General Assembly declares that it is its goal and intention
29 to continue this level of contribution to the Fund in the
30 future.
31 (Source: P.A. 88-593, eff. 8-22-94.)
HB0452 Enrolled -8- LRB9002549THcd
1 (40 ILCS 5/17-129) (from Ch. 108 1/2, par. 17-129)
2 Sec. 17-129. Employer contributions; deficiency in Fund.
3 (a) If in any fiscal year of the board of education
4 ending prior to 1997 the total amounts paid to the Fund from
5 the board of education (other than under this subsection, and
6 other than amounts used for making or "picking up"
7 contributions on behalf of teachers) and from the State do
8 not equal the total contributions made by or on behalf of the
9 teachers for such year, or if the total income of the Fund in
10 any such fiscal year of the board of education from all
11 sources is less than the total such expenditures by the Fund
12 for such year, the Board of Education shall, in the next
13 succeeding year, in addition to any other payment to the Fund
14 set apart and appropriate from moneys from its tax levy for
15 educational purposes, a sum sufficient to remove such
16 deficiency or deficiencies, and promptly pay such sum into
17 the Fund in order to restore any of the reserves of the Fund
18 that may have been so temporarily applied. Any amounts
19 received by the Fund after the effective date of this
20 amendatory Act of 1997 from State appropriations, including
21 under Section 17-127, shall be a credit against and shall
22 fully satisfy any obligation that may have arisen, or be
23 claimed to have arisen, under this subsection (a) as a result
24 of any deficiency or deficiencies in the fiscal year of the
25 board of education ending in calendar year 1997.
26 (b) (i) For fiscal years 2011 through 2045, the minimum
27 contribution to the Fund to be made by the board of education
28 in each fiscal year shall be an amount determined by the Fund
29 to be sufficient to bring the total assets of the Fund up to
30 90% of the total actuarial liabilities of the Fund by the end
31 of fiscal year 2045. In making these determinations, the
32 required board of education contribution shall be calculated
33 each year as a level percentage of payroll over the years
34 remaining to and including fiscal year 2045 and shall be
HB0452 Enrolled -9- LRB9002549THcd
1 determined under the projected unit credit actuarial cost
2 method.
3 (ii) For fiscal years 1999 through 2010, the board of
4 education's contribution to the Fund, as a percentage of the
5 applicable employee payroll, shall be increased in equal
6 annual increments so that by fiscal year 2011, the board of
7 education is contributing at the rate required under this
8 subsection.
9 (iii) Beginning in fiscal year 2046, the minimum board
10 of education contribution for each fiscal year shall be the
11 amount needed to maintain the total assets of the Fund at 90%
12 of the total actuarial liabilities of the Fund.
13 (iv) Notwithstanding the provisions of paragraphs (i),
14 (ii), and (iii) of this subsection (b), for any fiscal year
15 the contribution to the Fund from the board of education
16 shall not be required to be in excess of the amount
17 calculated as needed to maintain the assets (or cause the
18 assets to be) at the 90% level by the end of the fiscal year.
19 (v) Any contribution by the State to or for the benefit
20 of the Fund, including, without limitation, as referred to
21 under Section 17-127, shall be a credit against any
22 contribution required to be made by the board of education
23 under this subsection (b).
24 (c) The Board of Trustees shall determine the amount of
25 board of education contributions required for each fiscal
26 year on the basis of the actuarial tables and other
27 assumptions adopted by the Board and the recommendations of
28 the actuary, in order to meet the minimum contribution
29 requirements of subsections (a) and (b). Annually, on or
30 before November 15, the Board shall certify to the board of
31 education the amount of the required board of education
32 contribution for the coming fiscal year. The certification
33 shall include a copy of the actuarial recommendations upon
34 which it is based.
HB0452 Enrolled -10- LRB9002549THcd
1 (Source: P.A. 89-15, eff. 5-30-95.)
2 Section 5-915. The School Code is amended by changing
3 Sections 1A-2, 1A-4, 1B-8, 1C-2, 2-3.51, 2-3.51.5, 7-11,
4 10-20.9a, 10-22.6, 10-22.20, 10-22.23, 10-23.5, 10-23.8,
5 10-23.8a, 18-4.3, 18-7, 18-8, 18-8.2, 21-1a, 21-2, 21-2.1,
6 21-2a, 21-3, 21-4, 21-5, 21-5a, 21-10, 21-11.1, 21-11.3,
7 21-11.4, 21-14, 24-11, 24A-5, 27A-2, 27A-7, 27A-8, 27A-9,
8 27A-11, 34-8.4, 34-18, and 34-84 and adding Sections
9 2-3.117a, 2-3.124, 10-20.30, 10-22.34c, 17-1.5, 18-8.05,
10 21-0.01, 21-5c, 21-5d, and 34-18.17 as follows:
11 (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
12 Sec. 1A-2. Qualifications. The members of the State
13 Board of Education shall be citizens of the United States and
14 residents of the State of Illinois and shall be selected as
15 far as may be practicable on the basis of their knowledge of,
16 or interest and experience in, problems of public education.
17 No member of the State Board of Education shall be gainfully
18 employed or administratively connected with any school
19 system, nor have any interest in or benefit from funds
20 provided by the State Board of Education to an or institution
21 of higher learning, public or private, within Illinois, nor
22 shall they be members of a school board or board of school
23 trustees of a public or nonpublic school, college, university
24 or technical institution within Illinois. No member shall
25 be appointed to more than 2 six year terms. Members shall be
26 reimbursed for all ordinary and necessary expenses incurred
27 in performing their duties as members of the Board. Expenses
28 shall be approved by the Board and be consistent with the
29 laws, policies, and requirements of the State of Illinois
30 regarding such expenditures, plus any member may include in
31 his claim for expenses $50 per day for meeting days.
32 (Source: P.A. 80-1513.)
HB0452 Enrolled -11- LRB9002549THcd
1 (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
2 Sec. 1A-4. Powers and duties of the Board.
3 A. Upon the appointment of new Board members as provided
4 in subsection (b) of Section 1A-1 and every 2 years
5 thereafter, the chairperson of the Board shall be selected by
6 the Governor, with the advice and consent of the Senate, from
7 the membership of the Board to serve as chairperson for 2
8 years.
9 B. The Board shall determine the qualifications of and
10 appoint a chief education officer to be known as the State
11 Superintendent of Education who shall serve at the pleasure
12 of the Board and pursuant to a performance-based contract
13 linked to statewide student performance and academic
14 improvement within Illinois schools. except that No
15 performance-based contract issued for the employment of the
16 State Superintendent of Education shall be for a term longer
17 than 3 years and no contract shall be extended or renewed
18 prior to its scheduled expiration unless the performance and
19 improvement goals contained in the contract have been met.
20 The State Superintendent of Education shall not serve as a
21 member of the State Board of Education. The Board shall set
22 the compensation of the State Superintendent of Education who
23 shall serve as the Board's chief executive officer. The Board
24 shall also establish the duties, powers and responsibilities
25 of the State Superintendent, which shall be included in the
26 State Superintendent's performance-based contract along with
27 the goals and indicators of student performance and academic
28 improvement used to measure the performance and effectiveness
29 of the State Superintendent such officer. The State Board of
30 Education may delegate to the State Superintendent of
31 Education the authority to act on the Board's behalf,
32 provided such delegation is made pursuant to adopted board
33 policy or the powers delegated are ministerial in nature.
34 The State Board may not delegate authority under this Section
HB0452 Enrolled -12- LRB9002549THcd
1 to the State Superintendent to (1) nonrecognize school
2 districts, (2) withhold State payments as a penalty, or (3)
3 make final decisions under the contested case provisions of
4 the Illinois Administrative Procedure Act unless otherwise
5 provided by law.
6 C. The powers and duties of the State Board of Education
7 shall encompass all duties delegated to the Office of
8 Superintendent of Public Instruction on January 12, 1975,
9 except as the law providing for such powers and duties is
10 thereafter amended, and such other powers and duties as the
11 General Assembly shall designate. The Board shall be
12 responsible for the educational policies and guidelines for
13 public schools, pre-school through grade 12 and Vocational
14 Education in the State of Illinois. The Board shall analyze
15 the present and future aims, needs, and requirements of
16 education in the State of Illinois and recommend to the
17 General Assembly the powers which should be exercised by the
18 Board. The Board shall recommend the passage and the
19 legislation necessary to determine the appropriate
20 relationship between the Board and local boards of education
21 and the various State agencies and shall recommend desirable
22 modifications in the laws which affect schools.
23 D. Two members of the Board shall be appointed by the
24 chairperson to serve on a standing joint Education Committee,
25 2 others shall be appointed from the Board of Higher
26 Education, 2 others shall be appointed by the chairperson of
27 the Illinois Community College Board, and 2 others shall be
28 appointed by the chairperson of the Human Resource Resources
29 Investment Council. The Committee shall be responsible for
30 making recommendations concerning the submission of any
31 workforce development plan or workforce training program
32 required by federal law or under any block grant authority.
33 The Committee will be responsible for developing policy on
34 matters of mutual concern to elementary, secondary and higher
HB0452 Enrolled -13- LRB9002549THcd
1 education such as Occupational and Career Education, Teacher
2 Preparation and Certification, Educational Finance,
3 Articulation between Elementary, Secondary and Higher
4 Education and Research and Planning. The joint Education
5 Committee shall meet at least quarterly and submit an annual
6 report of its findings, conclusions, and recommendations to
7 the State Board of Education, the Board of Higher Education,
8 the Illinois Community College Board, the Human Resource
9 Resources Investment Council, the Governor, and the General
10 Assembly. All meetings of this Committee shall be official
11 meetings for reimbursement under this Act.
12 E. Five members of the Board shall constitute a quorum.
13 A majority vote of the members appointed, confirmed and
14 serving on the Board is required to approve any action.
15 The Board shall prepare and submit to the General
16 Assembly and the Governor on or before January 14, 1976 and
17 annually thereafter a report or reports of its findings and
18 recommendations. Such annual report shall contain a separate
19 section which provides a critique and analysis of the status
20 of education in Illinois and which identifies its specific
21 problems and recommends express solutions therefor. Such
22 annual report also shall contain the following information
23 for the preceding year ending on June 30: each act or
24 omission of a school district of which the State Board of
25 Education has knowledge as a consequence of scheduled,
26 approved visits and which constituted a failure by the
27 district to comply with applicable State or federal laws or
28 regulations relating to public education, the name of such
29 district, the date or dates on which the State Board of
30 Education notified the school district of such act or
31 omission, and what action, if any, the school district took
32 with respect thereto after being notified thereof by the
33 State Board of Education. The report shall also include the
34 statewide high school dropout rate by grade level, sex and
HB0452 Enrolled -14- LRB9002549THcd
1 race and the annual student dropout rate of and the number of
2 students who graduate from, transfer from or otherwise leave
3 bilingual programs. The Auditor General shall annually
4 perform a compliance audit of the State Board of Education's
5 performance of the reporting duty imposed by this amendatory
6 Act of 1986. A regular system of communication with other
7 directly related State agencies shall be implemented.
8 The requirement for reporting to the General Assembly
9 shall be satisfied by filing copies of the report with the
10 Speaker, the Minority Leader and the Clerk of the House of
11 Representatives and the President, the Minority Leader and
12 the Secretary of the Senate and the Legislative Council, as
13 required by Section 3.1 of "An Act to revise the law in
14 relation to the General Assembly Organization Act", approved
15 February 25, 1874, as amended, and filing such additional
16 copies with the State Government Report Distribution Center
17 for the General Assembly as is required under paragraph (t)
18 of Section 7 of the State Library Act.
19 (Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96;
20 89-698, eff. 1-14-97; revised 3-31-97.)
21 (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
22 Sec. 1B-8. There is created in the State Treasury a
23 special fund to be known as the School District Emergency
24 Financial Assistance Fund (the "Fund"). The School District
25 Emergency Financial Assistance Fund shall consist of
26 appropriations, grants from the federal government and
27 donations from any public or private source. Moneys in the
28 Fund may be appropriated only to the State Board for the
29 purposes of this Article. The appropriation may be allocated
30 and expended by the State Board as loans to school districts
31 which are the subject of an approved petition for emergency
32 financial assistance under Section 1B-4. From the amount
33 allocated to each such school district the State Board shall
HB0452 Enrolled -15- LRB9002549THcd
1 identify a sum sufficient to cover all approved costs of the
2 Financial Oversight Panel established for the respective
3 school district. If the State Board and State Superintendent
4 of Education have not approved emergency financial assistance
5 in conjunction with the appointment of a Financial Oversight
6 Panel, the Panel's approved costs shall be paid from
7 deductions from the district's general State aid.
8 The Financial Oversight Panel may prepare and file with
9 the State Superintendent a proposal for emergency financial
10 assistance for the school district and for the operations
11 budget of the Panel. No expenditures shall be authorized by
12 the State Superintendent until he has approved the proposal
13 of the Panel, either as submitted or in such lesser amount
14 determined by the State Superintendent.
15 The maximum amount of emergency financial assistance
16 which may be allocated to any school district under this
17 Article, including moneys necessary for the operations of the
18 Panel, shall not exceed $1000 times the number of pupils
19 enrolled in the school district during the school year ending
20 June 30 prior to the date of approval by the State Board of
21 the petition for emergency financial assistance, as certified
22 to the local board and the Panel by the State Superintendent.
23 The payment of emergency State financial assistance shall
24 be subject to appropriation by the General Assembly.
25 Emergency State financial assistance allocated and paid to a
26 school district under this Article may be applied to any fund
27 or funds from which the local board of education of that
28 district is authorized to make expenditures by law.
29 Any emergency financial assistance proposed by the
30 Financial Oversight Panel and approved by the State
31 Superintendent may be paid in its entirety during the initial
32 year of the Panel's existence or spread in equal or declining
33 amounts over a period of years not to exceed the period of
34 the Panel's existence. All payments made from the School
HB0452 Enrolled -16- LRB9002549THcd
1 District Emergency Financial Assistance Fund for a school
2 district shall be required to be repaid, with simple interest
3 at the rate of 4%, not later than the date the Financial
4 Oversight Panel ceases to exist. The Panel shall establish
5 and the State Superintendent shall approve the terms and
6 conditions, including the schedule, of repayments. The
7 schedule shall provide for repayments commencing July 1 of
8 each year. Repayment shall be incorporated into the annual
9 budget of the school district and may be made from any fund
10 or funds of the district in which there are moneys available.
11 When moneys are repaid as provided herein they shall not be
12 made available to the local board for further use as
13 emergency financial assistance under this Article at any time
14 thereafter. All repayments required to be made by a school
15 district shall be received by the State Board and deposited
16 in the School District Emergency Financial Assistance Fund.
17 In establishing the terms and conditions for the
18 repayment obligation of the school district the Panel shall
19 annually determine whether a separate local property tax levy
20 is required. The board of any school district with a tax
21 rate for educational purposes for the prior year of less than
22 120% of the maximum rate for educational purposes authorized
23 by Section 17-2 shall provide for a separate tax levy for
24 emergency financial assistance repayment purposes. Such tax
25 levy shall not be subject to referendum approval. The amount
26 of the levy shall be equal to the amount necessary to meet
27 the annual repayment obligations of the district as
28 established by the Panel, or 20% of the amount levied for
29 educational purposes for the prior year, whichever is less.
30 However, no district shall be required to levy the tax if the
31 district's operating tax rate as determined under
32 subparagraph (A)(5)(b) of Section 18-8 or 18-8.05 exceeds
33 200% of the district's tax rate for educational purposes for
34 the prior year.
HB0452 Enrolled -17- LRB9002549THcd
1 (Source: P.A. 88-618, eff. 9-9-94.)
2 (105 ILCS 5/1C-2)
3 Sec. 1C-2. Block grants.
4 (a) For fiscal year 1999, and each fiscal year
5 thereafter, the State Board of Education shall award to
6 school districts block grants as described in subsections (b)
7 and (c). The State Board of Education may adopt rules and
8 regulations necessary to implement this Section.
9 (b) A Professional Development Block Grant shall be
10 created by combining the existing School Improvement Block
11 Grant and the REI Initiative. These funds shall be
12 distributed to school districts based on the number of
13 full-time certified instructional staff employed in the
14 district.
15 (c) An Early Childhood Education Block Grant shall be
16 created by combining the following programs: Preschool
17 Education, Parental Training and Prevention Initiative.
18 These funds shall be distributed to school districts and
19 other entities on a competitive basis. Eight percent of this
20 grant shall be used to fund programs for children ages 0-3.
21 From appropriations made for block grant purposes, the State
22 Board of Education is authorized to award funds to eligible
23 recipients upon application. Semiannual installment payments
24 shall be made and semiannual expenditure reports shall be
25 required.
26 (Source: P.A. 88-555, eff. 7-27-94; 89-397, eff. 8-20-95.)
27 (105 ILCS 5/2-3.51) (from Ch. 122, par. 2-3.51)
28 Sec. 2-3.51. Reading Improvement Block Grant Program.
29 To improve the reading and study skills of children from
30 kindergarten through sixth grade in school districts. The
31 State Board of Education, hereinafter referred to as "the
32 Board", is authorized to administer a fund a School District
HB0452 Enrolled -18- LRB9002549THcd
1 Reading Improvement Block Grant Program. As used in this
2 Section, "school district" shall include those schools
3 designated as "laboratory schools".
4 (a) The program shall provide reading specialists,
5 teacher aides and other personnel to improve reading and
6 study skills of children in public schools. As part of the
7 program, the Board shall also make available funds for books
8 and other printed materials which improve the reading and
9 study skills of the children. Funds for the Reading
10 Improvement Block Grant Program shall be distributed to
11 school districts on the following basis: 70% of monies shall
12 be awarded on the prior year's best 3 months average daily
13 attendance and 30% shall be distributed on the number of
14 economically disadvantaged (E.C.I.A. Chapter I) pupils in the
15 district, provided that the State Board may distribute an
16 amount not to exceed 2% of the monies appropriated for the
17 Reading Improvement Block Grant Program for the purpose of
18 providing teacher training and re-training in the teaching of
19 reading. Program funds shall be distributed to school
20 districts in 2 semi-annual installments, one payment on or
21 before October 30, and one payment prior to April 30, of each
22 year. The State Board shall promulgate rules and regulations
23 necessary for the implementation of this program.
24 (a-5) Reading Improvement Block Grant Program funds
25 shall be used by school districts in the following manner:
26 (1) to reduce class size in grades kindergarten
27 through 3 for the purpose of providing more intensified
28 reading instruction;
29 (2) to extend the time devoted in kindergarten
30 through third grade to intensified reading instruction,
31 including phonic instruction, either by lengthening the
32 school day or lengthening the school year;
33 (3) to create transitional grades for students
34 needing intensified reading instruction either between
HB0452 Enrolled -19- LRB9002549THcd
1 the first and second grades or between the second and
2 third grades in accordance with the authority granted
3 school districts in Section 10-21.2 of this Code;
4 (4) to continue direct reading instruction for
5 grades 4 through 6;
6 (5) to establish reading academies in schools that
7 focus on the mechanics of reading, the application of
8 reading skills, and the reading of rich literature and
9 that reflect a commitment of time and resources to these
10 functions;
11 (6) to conduct intense vocabulary, spelling, and
12 related writing enrichment programs that promote better
13 understanding of language and words;
14 (7) to increase the availability of reading
15 specialists and teacher aides for reading; and
16 (8) to train and retrain teachers of kindergarten
17 through third grade to be proficient in the teaching of
18 reading, including phonic instruction.
19 (a-10) Reading Improvement Block Grant Program funds
20 shall be made available to each eligible school district
21 submitting a one-page application developed by the State
22 Board beginning with the 1998-99 school year. Applications
23 shall include existing Illinois Goals and Assessment Program
24 (IGAP) reading scores and the planned use for the funds. At
25 the end of each school year the school district shall report
26 new IGAP results on the same form. Each application,
27 beginning with the 1998-99 school year, shall be for a 2-year
28 grant based on initial year qualification. Districts not
29 demonstrating performance progress using IGAP reading scores
30 as the basis of measure based on metrics of progress
31 established by the State Board shall not be eligible for
32 funding in the third or subsequent years thereafter until
33 such progress is established.
34 (a-15) The State Superintendent of Education, in
HB0452 Enrolled -20- LRB9002549THcd
1 cooperation with the school districts participating in the
2 program, shall annually report to the leadership of the
3 General Assembly on the results of the Reading Improvement
4 Block Grant Program and the progress being made on improving
5 the reading skills of students in kindergarten through the
6 sixth grade.
7 (b) (Blank). Distribution of monies to school districts
8 shall be made in 2 semi-annual installments, one on or before
9 October 30, and one payment prior to April 30, of each year.
10 From funds distributed for purposes of this Section, the
11 Board is authorized to approve applications from qualifying
12 school districts to help meet a district's costs of employing
13 teacher aides. No school district shall be eligible to be
14 paid under this Section for more than one teacher aide for
15 each 3 certificated teachers employed by the district for
16 classroom teaching of pupils in kindergarten and grades one
17 through 6.
18 From funds distributed for purposes of this Section, the
19 Board is authorized to approve applications from qualifying
20 school districts to help meet a district's cost of employing
21 reading specialists. No school district shall be eligible to
22 receive payment under this Section for more than one reading
23 specialist for each 15 certificated teachers, or major
24 portion thereof, employed by the district for classroom
25 teaching of pupils in kindergarten and grades one through 6.
26 (c) (Blank). Each person employed as a teacher aide
27 pursuant to this Section must work under the supervision of a
28 certificated teacher and, as a condition precedent to that
29 employment, either shall have earned at least 30 semester
30 hours of college credit or shall have successfully completed
31 a Teacher Aide Program approved by the Board.
32 (d) Grants under the Reading Improvement Program shall
33 be awarded provided there is an appropriation for the
34 program, and funding levels for each district shall be
HB0452 Enrolled -21- LRB9002549THcd
1 prorated according to the amount of the appropriation.
2 (e) (Blank). District applications for participation in
3 this program shall be approved by the Board.
4 (f) (Blank). Notwithstanding the provisions regarding
5 distribution of monies contained in subsections (a) and (b)
6 of this Section, the Board may distribute an amount not to
7 exceed 2% of the monies appropriated for the Reading
8 Improvement Program to qualified recipients for the purpose
9 of training teachers and other educational personnel to
10 better teach reading to the State's elementary and secondary
11 school students.
12 (Source: P.A. 86-237; 86-750; 86-1028; 87-280.)
13 (105 ILCS 5/2-3.51.5)
14 Sec. 2-3.51.5. School Safety and Educational Improvement
15 Block Grant Program. To improve the level of education and
16 safety of students from kindergarten through grade 12 in
17 school districts. The State Board of Education is authorized
18 to fund a School Safety and Educational Improvement Block
19 Grant Program.
20 (1) The program shall provide funding for school safety,
21 textbooks and software, teacher training and curriculum
22 development, school improvements, and remediation programs
23 under subsection (a) of Section 2-3.64. A school district or
24 laboratory school as defined in subsection B of Section 18-8
25 or 18-8.05 is not required to file an application in order
26 to receive the categorical funding to which it is entitled
27 under this Section. Funds for the School Safety and
28 Educational Improvement Block Grant Program shall be
29 distributed to school districts and laboratory schools based
30 on the prior year's best 3 months average daily attendance.
31 The State Board of Education shall promulgate rules and
32 regulations necessary for the implementation of this program.
33 (2) Distribution of moneys to school districts shall be
HB0452 Enrolled -22- LRB9002549THcd
1 made in 2 semi-annual installments, one payment on or before
2 October 30, and one payment prior to April 30, of each fiscal
3 year.
4 (3) Grants under the School Safety and Educational
5 Improvement Block Grant Program shall be awarded provided
6 there is an appropriation for the program, and funding levels
7 for each district shall be prorated according to the amount
8 of the appropriation.
9 (Source: P.A. 89-610, eff. 8-6-96.)
10 (105 ILCS 5/2-3.117a new)
11 Sec. 2-3.117a. School Technology Revolving Loan Program.
12 (a) The State Board of Education is authorized to
13 administer a School Technology Revolving Loan Program from
14 funds appropriated from the School Technology Revolving Loan
15 Fund for the purpose of making the financing of school
16 technology hardware improvements affordable. School
17 technology loans shall be made available to school districts
18 to purchase technology hardware for eligible grade levels on
19 a 3-year rotating basis: grades K-4 in year one and each
20 third year thereafter, grades 5-8 in year 2 and each third
21 year thereafter, grades 9-12 in year 3 and each third year
22 thereafter.
23 The State Board of Education shall determine the interest
24 rate the loans shall bear which shall not be greater than 50%
25 of the rate for the most recent date shown in the 20 G.O.
26 Bonds Index of average municipal bond yields as published in
27 the most recent edition of The Bond Buyer, published in New
28 York, New York. The repayment period for School Technology
29 Revolving Loans shall not exceed 3 years. Participating
30 school districts shall use the loan proceeds for technology
31 hardware investments for students and staff, including
32 computer hardware, technology networks, related wiring, and
33 other items defined in rules adopted by the State Board of
HB0452 Enrolled -23- LRB9002549THcd
1 Education. No school district whose equalized assessed
2 valuation per pupil in average daily attendance is at the
3 99th percentile and above for all districts of the same type
4 shall be eligible to receive a School Technology Revolving
5 Loan under the provisions of this Section for that year.
6 The State Board of Education shall have the authority to
7 adopt all rules necessary for the implementation and
8 administration of the School Technology Revolving Loan
9 Program, including, but not limited to, rules defining
10 application procedures, prescribing a maximum amount per
11 pupil that may be requested annually by districts, requiring
12 appropriate local commitments for technology investments,
13 prescribing a mechanism for disbursing loan funds in the
14 event requests exceed available funds, and prescribing
15 actions necessary to protect the State's interest in the
16 event of default, foreclosure, or noncompliance with the
17 terms and conditions of the loans.
18 (b) There is created in the State treasury the School
19 Technology Revolving Loan Fund. The State Board shall have
20 the authority to make expenditures from the Fund pursuant to
21 appropriations made for the purposes of this Section. There
22 shall be deposited into the Fund such amounts, including but
23 not limited to:
24 (1) Transfers from the School Infrastructure Fund;
25 (2) All receipts, including principal and interest
26 payments, from any loan made from the Fund;
27 (3) All proceeds of assets of whatever nature
28 received by the State Board as a result of default or
29 delinquency with respect to loans made from the Fund;
30 (4) Any appropriations, grants, or gifts made to
31 the Fund; and
32 (5) Any income received from interest on
33 investments of money in the Fund.
HB0452 Enrolled -24- LRB9002549THcd
1 (105 ILCS 5/2-3.124 new)
2 Sec. 2-3.124. Liability coverage for certificated school
3 employees. Beginning with the 1998-99 school year, the State
4 Board of Education shall provide or arrange to have provided
5 for each certificated person who receives a salary or wages
6 in exchange for performing educational employment activities
7 on behalf of a school board, board of trustees, joint
8 agreement program board, cooperative program board, or
9 similar governing body of a public elementary or secondary
10 educational unit in Illinois educators liability coverage in
11 amounts no less than: (1) $1,000,000 per person per
12 occurrence, not to include any civil rights issue or claims;
13 (2) $250,000 per person per occurrence for any civil rights
14 issue or claims and not to include any other claims; and (3)
15 $3,000,000 per occurrence aggregate for all claims.
16 The coverage provided by the State Board shall also
17 include: (1) reimbursement of attorney fees for defense of a
18 criminal proceeding in an amount not less than $35,000 per
19 proceeding; (2) bail bond coverage of not less than $1,000
20 per bond; and (3) assault-related personal property damage
21 coverage of not less than $250 per incident.
22 The liability coverage required by this Section shall be
23 provided at no cost to the covered persons accepting such
24 coverage.
25 The State Board shall adopt such rules and regulations as
26 are necessary to implement the provisions of this Section.
27 (105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
28 Sec. 7-11. Annexation of dissolved non-operating
29 districts. If any school district has become dissolved as
30 provided in Section 5-32, or if a petition for dissolution is
31 filed under subsection (b) of Section 7-2a, the regional
32 board of school trustees shall attach the territory of such
33 dissolved district to one or more districts and, if the
HB0452 Enrolled -25- LRB9002549THcd
1 territory is added to 2 or more districts, shall divide the
2 property of the dissolved district among the districts to
3 which its territory is added, in the manner provided for the
4 division of property in case of the organization of a new
5 district from a part of another district. The regional board
6 of school trustees of the region in which the regional
7 superintendent has supervision over the school district that
8 is dissolved shall have all power necessary to annex the
9 territory of the dissolved district as provided in this
10 Section, including the power to attach the territory to a
11 school district under the supervision of the regional
12 superintendent of another educational service region. The
13 annexation of the territory of a dissolved school district
14 under this Section shall entitle the school districts
15 involved in the annexation to payments from the State Board
16 of Education under subsection (A)(5)(m) of Section 18-8 or
17 subsection (I) of Section 18-8.05 and under Sections 18-8.2
18 and 18-8.3 in the same manner and to the same extent
19 authorized in the case of other annexations under this
20 Article. Other provisions of this Article 7 of The School
21 Code shall apply to and govern dissolutions and annexations
22 under this Section and Section 7-2a, except that it is the
23 intent of the General Assembly that in the case of conflict
24 the provisions of this Section and Section 7-2a shall control
25 over the other provisions of this Article.
26 The regional board of school trustees shall give notice
27 of a hearing, to be held not less than 50 days nor more than
28 70 days after a school district is dissolved under Section
29 5-32 or a petition is filed under subsection (b) of Section
30 7-2a, on the disposition of the territory of such school
31 district by publishing a notice thereof at least once each
32 week for 2 successive weeks in at least one newspaper having
33 a general circulation within the area of the territory
34 involved. At such hearing, the regional board of school
HB0452 Enrolled -26- LRB9002549THcd
1 trustees shall hear evidence as to the school needs and
2 conditions of the territory and of the area within and
3 adjacent thereto, and shall take into consideration the
4 educational welfare of the pupils of the territory and the
5 normal high school attendance pattern of the children. In the
6 case of an elementary school district if all the eighth grade
7 graduates of such district customarily attend high school in
8 the same high school district, the regional board of school
9 trustees shall, unless it be impossible because of the
10 restrictions of a special charter district, annex the
11 territory of the district to a contiguous elementary school
12 district whose eighth grade graduates customarily attend that
13 high school, and that has an elementary school building
14 nearest to the center of the territory to be annexed, but if
15 such eighth grade graduates customarily attend more than one
16 high school the regional board of school trustees shall
17 determine the attendance pattern of such graduates and divide
18 the territory of the district among the contiguous elementary
19 districts whose graduates attend the same respective high
20 schools.
21 The decision of the regional board of school trustees in
22 such matter shall be issued within 10 days after the
23 conclusion of the hearing and deemed an "administrative
24 decision" as defined in Section 3-101 of the Code of Civil
25 Procedure and any resident who appears at the hearing or any
26 petitioner may within 10 days after a copy of the decision
27 sought to be reviewed was served by registered mail upon the
28 party affected thereby file a complaint for the judicial
29 review of such decision in accordance with the
30 "Administrative Review Law", and all amendments and
31 modifications thereof and the rules adopted pursuant thereto.
32 The commencement of any action for review shall operate as a
33 stay of enforcement, and no further proceedings shall be had
34 until final disposition of such review. The final decision of
HB0452 Enrolled -27- LRB9002549THcd
1 the regional board of school trustees or of any court upon
2 judicial review shall become effective under Section 7-9 in
3 the case of a petition for dissolution filed under subsection
4 (b) of Section 7-2a, and a final decision shall become
5 effective immediately following the date no further appeal is
6 allowable in the case of a district dissolved under Section
7 5-32.
8 Notwithstanding the foregoing provisions of this Section
9 or any other provision of law to the contrary, the school
10 board of the Mt. Morris School District is authorized to
11 donate to the City of Mount Morris, Illinois the school
12 building and other real property used as a school site by the
13 Mt. Morris School District at the time of its dissolution, by
14 appropriate resolution adopted by the school board of the
15 district prior to the dissolution of the district; and upon
16 the adoption of a resolution by the school board donating the
17 school building and school site to the City of Mount Morris,
18 Illinois as authorized by this Section, the regional board of
19 school trustees or other school officials holding legal title
20 to the school building and school site so donated shall
21 immediately convey the same to the City of Mt. Morris,
22 Illinois.
23 (Source: P.A. 88-386.)
24 (105 ILCS 5/10-20.9a) (from Ch. 122, par. 10-20.9a)
25 Sec. 10-20.9a. Final Grade; Promotion.
26 (a) Teachers shall administer the approved marking
27 system or other approved means of evaluating pupil progress.
28 The teacher shall maintain the responsibility and right to
29 determine grades and other evaluations of students within the
30 grading policies of the district based upon his or her
31 professional judgment of available criteria pertinent to any
32 given subject area or activity for which he or she is
33 responsible. District policy shall provide the procedure and
HB0452 Enrolled -28- LRB9002549THcd
1 reasons by and for which a grade may be changed; provided
2 that no grade or evaluation shall be changed without
3 notification to the teacher concerning the nature and reasons
4 for such change. If such a change is made, the person making
5 the change shall assume such responsibility for determining
6 the grade or evaluation, and shall initial such change.
7 (b) School districts shall not promote are discouraged
8 from promoting students to the next higher grade level based
9 upon age or any other social reasons not related to the
10 academic performance of the students. On or before September
11 1, 1998, school boards shall may adopt and enforce a policy
12 such policies on promotion as they deem necessary to ensure
13 that students meet local goals and objectives and can perform
14 at the expected grade level prior to promotion. Decisions to
15 promote or retain students in any classes shall be based on
16 successful completion of the curriculum, attendance,
17 performance based on Illinois Goals and Assessment Program
18 tests, the Iowa Test of Basic Skills, or other testing or any
19 other criteria established by the school board. Students
20 determined by the local district to not qualify for promotion
21 to the next higher grade shall be provided remedial
22 assistance, which may include, but shall not be limited to, a
23 summer bridge program of no less than 90 hours, tutorial
24 sessions, increased or concentrated instructional time,
25 modifications to instructional materials, and retention in
26 grade.
27 (Source: P.A. 89-610, eff. 8-6-96.)
28 (105 ILCS 5/10-20.30 new)
29 Sec. 10-20.30. No pass-no play policy. Beginning with
30 the 1998-99 school year, the school board of each school
31 district that maintains any of grades 9 through 12 shall
32 establish, implement, and enforce a uniform and consistent
33 policy under which a student in any of those grades who fails
HB0452 Enrolled -29- LRB9002549THcd
1 to maintain a specified minimum grade point average or a
2 specified minimum grade in each course in which the student
3 is enrolled or both is suspended from further participation
4 in any school-sponsored or school-supported athletic or
5 extracurricular activities for a specified period or until a
6 specified minimum grade point average or minimum grade or
7 both are earned by the student. Each school board shall
8 adopt a policy as required by this Section not later than one
9 year after the effective date of this amendatory Act of 1997
10 and shall concurrently file a copy of that policy with the
11 State Board of Education. After the policy has been in
12 effect for one year, the school board shall file a report
13 with the State Board of Education setting forth the number
14 and length of suspensions imposed under the policy during the
15 period covered by the report. If the school board already has
16 a policy that is consistent with the requirements of this
17 Section in effect on the effective date of this amendatory
18 Act of 1997, it shall file a copy of that policy with the
19 State Board of Education within 90 days after the effective
20 date of this amendatory Act and shall file the annual report
21 required under this Section 12 months thereafter.
22 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
23 Sec. 10-22.6. Suspension or expulsion of pupils; school
24 searches.
25 (a) To expel pupils guilty of gross disobedience or
26 misconduct, and no action shall lie against them for such
27 expulsion. Expulsion shall take place only after the parents
28 have been requested to appear at a meeting of the board, or
29 with a hearing officer appointed by it, to discuss their
30 child's behavior. Such request shall be made by registered or
31 certified mail and shall state the time, place and purpose of
32 the meeting. The board, or a hearing officer appointed by it,
33 at such meeting shall state the reasons for dismissal and the
HB0452 Enrolled -30- LRB9002549THcd
1 date on which the expulsion is to become effective. If a
2 hearing officer is appointed by the board he shall report to
3 the board a written summary of the evidence heard at the
4 meeting and the board may take such action thereon as it
5 finds appropriate.
6 (b) To suspend or by regulation to authorize the
7 superintendent of the district or the principal, assistant
8 principal, or dean of students of any school to suspend
9 pupils guilty of gross disobedience or misconduct, or to
10 suspend pupils guilty of gross disobedience or misconduct on
11 the school bus from riding the school bus, and no action
12 shall lie against them for such suspension. The board may by
13 regulation authorize the superintendent of the district or
14 the principal, assistant principal, or dean of students of
15 any school to suspend pupils guilty of such acts for a period
16 not to exceed 10 school days. If a pupil is suspended due to
17 gross disobedience or misconduct on a school bus, the board
18 may suspend the pupil in excess of 10 school days for safety
19 reasons. Any suspension shall be reported immediately to the
20 parents or guardian of such pupil along with a full statement
21 of the reasons for such suspension and a notice of their
22 right to a review, a copy of which shall be given to the
23 school board. Upon request of the parents or guardian the
24 school board or a hearing officer appointed by it shall
25 review such action of the superintendent or principal,
26 assistant principal, or dean of students. At such review the
27 parents or guardian of the pupil may appear and discuss the
28 suspension with the board or its hearing officer. If a
29 hearing officer is appointed by the board he shall report to
30 the board a written summary of the evidence heard at the
31 meeting. After its hearing or upon receipt of the written
32 report of its hearing officer, the board may take such action
33 as it finds appropriate.
34 (c) The Department of Human Services shall be invited to
HB0452 Enrolled -31- LRB9002549THcd
1 send a representative to consult with the board at such
2 meeting whenever there is evidence that mental illness may be
3 the cause for expulsion or suspension.
4 (d) The board may expel a student for a definite period
5 of time not to exceed 2 calendar years, as determined on a
6 case by case basis. A student who is determined to have
7 brought a weapon to school, any school-sponsored activity or
8 event, or any activity or event which bears a reasonable
9 relationship to school shall be expelled for a period of not
10 less than one year, except that the expulsion period may be
11 modified by the board on a case by case basis. For purposes
12 of this Section, the term "weapon" means possession, use,
13 control or transfer of any object which may be used to cause
14 bodily harm, including but not limited to a weapon as defined
15 by Section 921 of Title 18, United States Code, firearm as
16 defined in Section 1.1 of the Firearm Owners Identification
17 Act, use of weapon as defined in Section 24-1 of the Criminal
18 Code, knives, guns, firearms, rifles, shotguns, brass
19 knuckles, billy clubs, or "look-alikes" thereof. Such items
20 as baseball bats, pipes, bottles, locks, sticks, pencils, and
21 pens may be considered weapons if used or attempted to be
22 used to cause bodily harm. Expulsion or suspension shall be
23 construed in a manner consistent with the Federal Individuals
24 with Disabilities Education Act. A student who is subject to
25 suspension or expulsion as provided in this Section may be
26 eligible for a transfer to an alternative school program in
27 accordance with Article 13A of the School Code. The
28 provisions of this subsection (d) apply in all school
29 districts, including special charter districts and districts
30 organized under Article 34.
31 (e) To maintain order and security in the schools,
32 school authorities may inspect and search places and areas
33 such as lockers, desks, parking lots, and other school
34 property and equipment owned or controlled by the school, as
HB0452 Enrolled -32- LRB9002549THcd
1 well as personal effects left in those places and areas by
2 students, without notice to or the consent of the student,
3 and without a search warrant. As a matter of public policy,
4 the General Assembly finds that students have no reasonable
5 expectation of privacy in these places and areas or in their
6 personal effects left in these places and areas. School
7 authorities may request the assistance of law enforcement
8 officials for the purpose of conducting inspections and
9 searches of lockers, desks, parking lots, and other school
10 property and equipment owned or controlled by the school for
11 illegal drugs, weapons, or other illegal or dangerous
12 substances or materials, including searches conducted through
13 the use of specially trained dogs. If a search conducted in
14 accordance with this Section produces evidence that the
15 student has violated or is violating either the law, local
16 ordinance, or the school's policies or rules, such evidence
17 may be seized by school authorities, and disciplinary action
18 may be taken. School authorities may also turn over such
19 evidence to law enforcement authorities. The provisions of
20 this subsection (e) apply in all school districts, including
21 special charter districts and districts organized under
22 Article 34.
23 (f) Suspension or expulsion may include suspension or
24 expulsion from school and all school activities and a
25 prohibition from being present on school grounds.
26 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
27 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97.)
28 (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
29 Sec. 10-22.20. Classes for adults and youths whose
30 schooling has been interrupted; Conditions for State
31 reimbursement; Use of child care facilities.
32 (a) To establish special classes for the instruction (1)
33 of persons of age 21 years or over, and (2) of persons less
HB0452 Enrolled -33- LRB9002549THcd
1 than age 21 and not otherwise in attendance in public school,
2 for the purpose of providing adults in the community, and
3 youths whose schooling has been interrupted, with such
4 additional basic education, vocational skill training, and
5 other instruction as may be necessary to increase their
6 qualifications for employment or other means of self-support
7 and their ability to meet their responsibilities as citizens
8 including courses of instruction regularly accepted for
9 graduation from elementary or high schools and for
10 Americanization and General Educational Development Review
11 classes.
12 The board shall pay the necessary expenses of such
13 classes out of school funds of the district, including costs
14 of student transportation and such facilities or provision
15 for child-care as may be necessary in the judgment of the
16 board to permit maximum utilization of the courses by
17 students with children, and other special needs of the
18 students directly related to such instruction. The expenses
19 thus incurred shall be subject to State reimbursement, as
20 provided in this Section. The board may make a tuition
21 charge for persons taking instruction who are not subject to
22 State reimbursement, such tuition charge not to exceed the
23 per capita cost of such classes.
24 The cost of such instruction, including the additional
25 expenses herein authorized, incurred for recipients of
26 financial aid under the Illinois Public Aid Code, or for
27 persons for whom education and training aid has been
28 authorized under Section 9-8 of that Code, shall be assumed
29 in its entirety from funds appropriated by the State to the
30 State Board of Education.
31 (b) The State Board of Education and the Illinois
32 Community College Board shall annually enter into an
33 interagency agreement to implement this Section. The
34 interagency agreement shall establish the standards for the
HB0452 Enrolled -34- LRB9002549THcd
1 courses of instruction reimbursed under this Section. The
2 State Board of Education shall supervise the administration
3 of the programs. The State Board of Education shall
4 determine the cost of instruction in accordance with
5 standards jointly established by the State Board of Education
6 and the Illinois Community College Board as set forth in the
7 interagency agreement, including therein other incidental
8 costs as herein authorized, which shall serve as the basis of
9 State reimbursement in accordance with the provisions of
10 this Section. In the approval of programs and the
11 determination of the cost of instruction, the State Board of
12 Education shall provide for the maximum utilization of
13 federal funds for such programs. The interagency agreement
14 shall also include:
15 (1) the development of an index of need for program
16 planning and for area funding allocations as defined by
17 the State Board of Education;
18 (2) the method for calculating hours of
19 instruction, as defined by the State Board of Education,
20 claimable for reimbursement and a method to phase in the
21 calculation and for adjusting the calculations in cases
22 where the services of a program are interrupted due to
23 circumstances beyond the control of the program provider;
24 (3) a plan for the reallocation of funds to
25 increase the amount allocated for grants based upon
26 program performance as set forth in subsection (d) below;
27 and
28 (4) the development of standards for determining
29 grants based upon performance as set forth in subsection
30 (d) below and a plan for the phased-in implementation of
31 those standards.
32 For instruction provided by school districts and
33 community college districts beginning July 1, 1996 and
34 thereafter, reimbursement provided by the State Board of
HB0452 Enrolled -35- LRB9002549THcd
1 Education for classes authorized by this Section shall be
2 provided pursuant to the terms of the interagency agreement
3 from funds appropriated for the reimbursement criteria set
4 forth in subsection (c) below.
5 (c) Upon the annual approval of the interagency
6 agreement, reimbursement shall be first provided for
7 transportation, child care services, and other special needs
8 of the students directly related to instruction and then from
9 the funds remaining an amount equal to the product of the
10 total credit hours or units of instruction approved by the
11 State Board of Education, multiplied by the following:
12 (1) For adult basic education, the maximum
13 reimbursement per credit hour or per unit of instruction
14 shall be equal to the general state aid per pupil
15 foundation level established in subsections 5(a) through
16 5(d) of Section 18-8 or subsection (B) of Section
17 18-8.05, divided by 60;
18 (2) The maximum reimbursement per credit hour or
19 per unit of instruction in subparagraph (1) above shall
20 be weighted for students enrolled in classes defined as
21 vocational skills and approved by the State Board of
22 Education by 1.25;
23 (3) The maximum reimbursement per credit hour or
24 per unit of instruction in subparagraph (1) above shall
25 be multiplied by .90 for students enrolled in classes
26 defined as adult secondary education programs and
27 approved by the State Board of Education;
28 (4) For community college districts the maximum
29 reimbursement per credit hour in subparagraphs (1), (2),
30 and (3) above shall be reduced by the Adult Basic
31 Education/Adult Secondary Education/English As A Second
32 Language credit hour grant rate prescribed in Section
33 2-16.02 of the Public Community College Act, as pro-rated
34 to the appropriation level; and
HB0452 Enrolled -36- LRB9002549THcd
1 (5) Programs receiving funds under the formula that
2 was in effect during the 1994-1995 program year which
3 continue to be approved and which generate at least 80%
4 of the hours claimable in 1994-95, or in the case of
5 programs not approved in 1994-95 at least 80% of the
6 hours claimable in 1995-96, shall have funding for
7 subsequent years based upon 100% of the 1995-96 formula
8 funding level for 1996-97, 90% of the 1995-96 formula
9 funding level for 1997-98, 80% of the 1995-96 formula
10 funding level for 1998-99, and 70% of the 1995-96 formula
11 funding level for 1999-2000. For any approved program
12 which generates less than 80% of the claimable hours in
13 its base year, the level of funding pursuant to this
14 paragraph shall be reduced proportionately. Funding for
15 program years after 1999-2000 shall be pursuant to the
16 interagency agreement.
17 (d) Upon the annual approval of the interagency
18 agreement, the State Board of Education shall provide grants
19 to eligible programs for supplemental activities to improve
20 or expand services under the Adult Education Act. Eligible
21 programs shall be determined based upon performance outcomes
22 of students in the programs as set forth in the interagency
23 agreement.
24 (e) Reimbursement under this Section shall not exceed
25 the actual costs of the approved program.
26 If the amount appropriated to the State Board of
27 Education for reimbursement under this Section is less than
28 the amount required under this Act, the apportionment shall
29 be proportionately reduced.
30 School districts and community college districts may
31 assess students up to $3.00 per credit hour, for classes
32 other than Adult Basic Education level programs, if needed to
33 meet program costs.
34 (f) An education plan shall be established for each
HB0452 Enrolled -37- LRB9002549THcd
1 adult or youth whose schooling has been interrupted and who
2 is participating in the instructional programs provided under
3 this Section.
4 Each school board and community college shall keep an
5 accurate and detailed account of the students assigned to and
6 receiving instruction under this Section who are subject to
7 State reimbursement and shall submit reports of services
8 provided commencing with fiscal year 1997 as required in the
9 interagency agreement.
10 For classes authorized under this Section, a credit hour
11 or unit of instruction is equal to 15 hours of direct
12 instruction for students enrolled in approved adult education
13 programs at midterm and making satisfactory progress, in
14 accordance with standards jointly established by the State
15 Board of Education and the Illinois Community College Board
16 as set forth in the interagency agreement.
17 (g) Upon proof submitted to the Illinois Department of
18 Human Services of the payment of all claims submitted under
19 this Section, that Department shall apply for federal funds
20 made available therefor and any federal funds so received
21 shall be paid into the General Revenue Fund in the State
22 Treasury.
23 School districts or community colleges providing classes
24 under this Section shall submit applications to the State
25 Board of Education for preapproval in accordance with the
26 standards jointly established by the State Board of Education
27 and the Illinois Community College Board as set forth in the
28 interagency agreement. Payments shall be made by the State
29 Board of Education based upon approved programs. Interim
30 expenditure reports may be required by the State Board of
31 Education as set forth in the interagency agreement. Final
32 claims for the school year shall be submitted to the regional
33 superintendents for transmittal to the State Board of
34 Education as set forth in the interagency agreement. Final
HB0452 Enrolled -38- LRB9002549THcd
1 adjusted payments shall be made by September 30.
2 If a school district or community college district fails
3 to provide, or is providing unsatisfactory or insufficient
4 classes under this Section, the State Board of Education may
5 enter into agreements with public or private educational or
6 other agencies other than the public schools for the
7 establishment of such classes.
8 (h) If a school district or community college district
9 establishes child-care facilities for the children of
10 participants in classes established under this Section, it
11 may extend the use of these facilities to students who have
12 obtained employment and to other persons in the community
13 whose children require care and supervision while the parent
14 or other person in charge of the children is employed or
15 otherwise absent from the home during all or part of the day.
16 It may make the facilities available before and after as well
17 as during regular school hours to school age and preschool
18 age children who may benefit thereby, including children who
19 require care and supervision pending the return of their
20 parent or other person in charge of their care from
21 employment or other activity requiring absence from the home.
22 The State Board of Education shall pay to the board the
23 cost of care in the facilities for any child who is a
24 recipient of financial aid under The Illinois Public Aid
25 Code.
26 The board may charge for care of children for whom it
27 cannot make claim under the provisions of this Section. The
28 charge shall not exceed per capita cost, and to the extent
29 feasible, shall be fixed at a level which will permit
30 utilization by employed parents of low or moderate income.
31 It may also permit any other State or local governmental
32 agency or private agency providing care for children to
33 purchase care.
34 After July 1, 1970 when the provisions of Section
HB0452 Enrolled -39- LRB9002549THcd
1 10-20.20 become operative in the district, children in a
2 child-care facility shall be transferred to the kindergarten
3 established under that Section for such portion of the day as
4 may be required for the kindergarten program, and only the
5 prorated costs of care and training provided in the Center
6 for the remaining period shall be charged to the Illinois
7 Department of Human Services or other persons or agencies
8 paying for such care.
9 (i) The provisions of this Section shall also apply to
10 school districts having a population exceeding 500,000.
11 (Source: P.A. 89-507, eff. 7-1-97; 89-524, eff. 7-19-96;
12 revised 8-15-96; 90-14, eff. 7-1-97.)
13 (105 ILCS 5/10-22.23) (from Ch. 122, par. 10-22.23)
14 Sec. 10-22.23. School Nurse. To employ a registered
15 professional nurse and define the duties of the school nurse
16 within the guidelines of rules and regulations promulgated by
17 the State Board of Education. Any school nurse first
18 employed on or after July 1, 1976, whose duties require
19 teaching or the exercise of instructional judgment or
20 educational evaluation of pupils, must be certificated under
21 Section 21-25 of this Act. School districts may employ
22 non-certificated registered professional nurses to perform
23 professional nursing services.
24 (Source: P.A. 81-1508.)
25 (105 ILCS 5/10-22.34c new)
26 Sec. 10-22.34c. Third party non-instructional services.
27 Notwithstanding any other law of this State, nothing in this
28 Code prevents a board of education from entering into a
29 contract with a third party for non-instructional services
30 currently performed by any employee or bargaining unit member
31 or from laying off those educational support personnel
32 employees upon 30 days written notice to the affected
HB0452 Enrolled -40- LRB9002549THcd
1 employees.
2 (105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
3 Sec. 10-23.5. Educational support personnel employees.
4 To employ such educational support personnel employees as it
5 deems advisable and to define their employment duties;
6 provided that residency within any school district shall not
7 be considered in determining the employment or the
8 compensation of any such employee, or whether to retain,
9 promote, assign or transfer such employee. If an educational
10 support personnel employee is removed or dismissed as a
11 result of a decision of the school board to decrease the
12 number of educational support personnel employees employed by
13 the board or to discontinue some particular type of
14 educational support service, written notice shall be mailed
15 to the employee and also given the employee either by
16 certified mail, return receipt requested or personal delivery
17 with receipt at least 30 60 days before the employee is
18 removed or dismissed end of the school term, together with a
19 statement of honorable dismissal and the reason therefor.
20 The employee with the shorter length of continuing service
21 with the district, within the respective category of
22 position, shall be dismissed first unless an alternative
23 method of determining the sequence of dismissal is
24 established in a collective bargaining agreement or contract
25 between the board and any exclusive bargaining agent and
26 except that this provision shall not impair the operation of
27 any affirmative action program in the district, regardless of
28 whether it exists by operation of law or is conducted on a
29 voluntary basis by the board. If the board has any vacancies
30 for the following school term or within one calendar year
31 from the beginning of the following school term, the
32 positions thereby becoming available within a specific
33 category of position shall be tendered to the employees so
HB0452 Enrolled -41- LRB9002549THcd
1 removed or dismissed from that category of position, so far
2 as they are qualified to hold such positions. Each board
3 shall, in consultation with any exclusive employee
4 representative or bargaining agent, each year establish a
5 list, categorized by positions, showing the length of
6 continuing service of each full time educational support
7 personnel employee who is qualified to hold any such
8 positions, unless an alternative method of determining a
9 sequence of dismissal is established as provided for in this
10 Section, in which case a list shall be made in accordance
11 with the alternative method. Copies of the list shall be
12 distributed to the exclusive employee representative or
13 bargaining agent on or before February 1 of each year. Where
14 an educational support personnel employee is dismissed by the
15 board as a result of a decrease in the number of employees or
16 the discontinuance of the employee's job, the employee shall
17 be paid all earned compensation on or before the third
18 business day following his or her last day of employment.
19 The provisions of this amendatory Act of 1986 relating to
20 residency within any school district shall not apply to
21 cities having a population exceeding 500,000 inhabitants.
22 (Source: P.A. 89-618, eff. 8-9-96.)
23 (105 ILCS 5/10-23.8) (from Ch. 122, par. 10-23.8)
24 Sec. 10-23.8. Superintendent contracts under multi-year
25 contract. After the effective date of this amendatory Act of
26 1997 and the expiration of contracts in effect on the
27 effective date of this amendatory Act, school districts may
28 only To employ a superintendent under either a contract for a
29 period not exceeding one year or a multi-year
30 performance-based contract for a period not exceeding 5
31 years. No such contract can be offered or accepted for less
32 than or more than three years, except for a person serving as
33 superintendent for the first time in Illinois. In such case,
HB0452 Enrolled -42- LRB9002549THcd
1 the initial contract shall be for a two year period. Such
2 contract may be discontinued at any time by mutual agreement
3 of the contracting parties, or may be extended for an
4 additional 3 years at the end of any year.
5 Performance-based contracts shall be linked to student
6 performance and academic improvement within the schools of
7 the districts. No performance-based contract shall be
8 extended or rolled-over prior to its scheduled expiration
9 unless all the performance and improvement goals contained in
10 the contract have been met. Each performance-based contract
11 shall include the goals and indicators of student performance
12 and academic improvement determined and used by the local
13 school board to measure the performance and effectiveness of
14 the superintendent and such other information as the local
15 school board may determine.
16 The contract year is July 1 through the following June
17 30, unless the contract specifically provides otherwise.
18 Notice of intent not to renew the contract must be given by
19 the board or by the superintendent by April 1 of the year in
20 which the contract expires, unless the contract specifically
21 provides otherwise. Failure to do so will automatically
22 extend the contract for 1 additional year. The provisions of
23 this paragraph shall not apply to a district under a
24 Financial Oversight Panel pursuant to Section 1A-8 for
25 violating a financial plan.
26 Notice of intent not to renew a contract when given by a
27 board must be in writing, stating the specific reason
28 therefor. Within 10 days after receipt of such notice of
29 intent not to renew a contract, the superintendent may
30 request a closed session hearing on the dismissal. At the
31 hearing the superintendent has the privilege of presenting
32 evidence, witnesses and defenses on the grounds for
33 dismissal. The provisions of this paragraph shall not apply
34 to a district under a Financial Oversight Panel pursuant to
HB0452 Enrolled -43- LRB9002549THcd
1 Section 1A-8 for violating a financial plan.
2 By accepting the terms of a multi-year contract, the
3 superintendent waives all rights granted him or her under
4 Sections 24-11 through 24-16 of this Act for the duration of
5 his or her employment as superintendent in the district.
6 (Source: P.A. 89-572, eff. 7-30-96.)
7 (105 ILCS 5/10-23.8a) (from Ch. 122, par. 10-23.8a)
8 Sec. 10-23.8a. Principal and other administrator
9 contracts under multi-year contract. After the effective date
10 of this amendatory Act of 1997 and the expiration of
11 contracts in effect on the effective date of this amendatory
12 Act, school districts may only To employ principals and other
13 school administrators under either a contract for a period
14 not to exceed one year or a principal under a multi-year
15 performance-based contract for a period not to exceed 5
16 years. No such contract can be offered or accepted for less
17 than or more than 3 years, except for a person serving as
18 principal for the first time in Illinois. In such case, the
19 initial contract shall be for a 2 year period. Such contract
20 may be discontinued at any time by mutual agreement of the
21 contracting parties, or may be extended for an additional 3
22 years at the end of any year.
23 Performance-based contracts shall be linked to student
24 performance and academic improvement attributable to the
25 responsibilities and duties of the principal or
26 administrator. No performance-based contract shall be
27 extended or rolled-over prior to its scheduled expiration
28 unless all the performance and improvement goals contained in
29 the contract have been met. Each performance-based contract
30 shall include the goals and indicators of student performance
31 and academic improvement determined and used by the local
32 school board to measure the performance and effectiveness of
33 the principal or other administrator and such other
HB0452 Enrolled -44- LRB9002549THcd
1 information as the local school board may determine.
2 The contract year is July 1 through the following
3 June 30, unless the contract specifically provides otherwise.
4 Notice of intent not to renew the contract must be given by
5 the board or by the principal at least 90 days before the
6 contract expires. Failure to do so will automatically extend
7 the contract for 1 additional year. If offered by a school
8 board, each individual principal shall have the option to
9 accept or refuse a multi-year contract. The provisions of
10 this paragraph shall not apply to a district under a
11 Financial Oversight Panel pursuant to Section 1A-8 for
12 violating a financial plan.
13 By accepting the terms of a multi-year contract, the
14 principal or administrator waives all rights granted him or
15 her under Sections 24-11 through 24-16 of this Act for the
16 duration of his or her employment as a principal or an
17 administrator in the district.
18 (Source: P.A. 89-572, eff. 7-30-96.)
19 (105 ILCS 5/17-1.5 new)
20 Sec. 17-1.5. Limitation of administrative costs.
21 (a) It is the purpose of this Section to establish
22 limitations on the growth of administrative expenditures in
23 order to maximize the proportion of school district resources
24 available for the instructional program, building
25 maintenance, and safety services for the students of each
26 district.
27 (b) Definitions. For the purposes of this Section:
28 "Administrative expenditures" mean the annual
29 expenditures of school districts properly attributable to
30 expenditure functions defined by the rules of the State Board
31 of Education as: 2310 (Board of Education Services); 2320
32 (Executive Administration Services); 2330 (Special Area
33 Administration Services); 2490 (Other Support Services -
HB0452 Enrolled -45- LRB9002549THcd
1 School Administration); 2510 (Direction of Business Support
2 Services); 2520 (Fiscal Services); 2570 (Internal Services);
3 2600 (Total Support Services - Central); and all
4 expenditures properly attributable for the Service Area
5 Direction of functions 2540 (Operations and Maintenance of
6 Plant Services), 2550 (Pupil Transportation Services), and
7 2560 (Food Services).
8 "Instructional expenditures" mean the annual expenditures
9 of school districts properly attributable to expenditure
10 functions defined by the rules of the State Board of
11 Education as: 1100 (Regular Programs); 1200 (Special
12 Education Programs); 1250 (Educational Deprived/Remedial
13 Programs); 1300 (Adult/Continuing Education Programs); 1400
14 (Vocational Programs); 1500 (Interscholastic Programs); 1600
15 (Summer School Programs); 1650 (Gifted Programs); 1800
16 (Bilingual Programs); and 1900 (Truants' Alternative and
17 Optional Programs).
18 "School district" means all school districts having a
19 population of less than 500,000.
20 (c) For the 1998-99 school year and each school year
21 thereafter, each school district shall undertake budgetary
22 and expenditure control actions so that the increase in
23 administrative expenditures for that school year over the
24 prior school year do not exceed the lesser of 5% or the
25 percentage increase in instructional expenditures for that
26 school year over the prior school year. School districts
27 with administrative expenditures per pupil in the 25th
28 percentile and below for all districts of the same type, as
29 defined by the State Board of Education, may waive the
30 limitation imposed under this Section for any year with the
31 affirmative vote of at least two-thirds of the members of the
32 school board of the district.
33 (d) School districts shall file with the State Board of
34 Education by October 15, 1998 and by each October 15th
HB0452 Enrolled -46- LRB9002549THcd
1 thereafter a one-page report that lists (i) the actual
2 administrative expenditures and the actual instructional
3 expenditures for the prior year from the district's audited
4 Annual Financial Report, and (ii) the projected
5 administrative expenditures and the projected instructional
6 expenditures for the current year from the budget adopted by
7 the school board pursuant to Section 17-1 of this Code. If
8 the report and information required under this subsection (d)
9 is not provided by the school district in a timely manner, or
10 is initially or subsequently determined by the State
11 Superintendent of Education to be incomplete or inaccurate,
12 the State Superintendent shall notify the district in writing
13 of reporting deficiencies. The school district shall, within
14 60 days of the notice, address the reporting deficiencies
15 identified. If the State Superintendent does not receive a
16 satisfactory response to these reporting deficiencies within
17 these 60 days, the next payment of general State aid due the
18 district under Section 18-8 of this Code, and all subsequent
19 payments, may be withheld until the deficiencies have been
20 addressed.
21 (e) If the State Superintendent determines that a school
22 district has failed to comply with the administrative
23 expenditure limitation imposed in subsection (c) of this
24 Section by adopting a budget in violation of the limitation
25 or by having actual administrative expenditures for the prior
26 year in excess of the limitation, the State Superintendent
27 shall notify the district of the violation and direct the
28 district to undertake corrective action to bring the
29 district's budget into compliance with the administrative
30 expenditure limitation. The district shall, within 60 days
31 of the notice, provide adequate assurance to the State
32 Superintendent that appropriate corrective actions have been
33 or will be taken. If the district fails to provide adequate
34 assurance or fails to undertake the necessary corrective
HB0452 Enrolled -47- LRB9002549THcd
1 actions, the State Superintendent may withhold all subsequent
2 payments of general State aid due the district under Section
3 18-8 of this Code until the assurance is provided or the
4 corrective actions taken.
5 (f) The State Superintendent shall publish a list each
6 year of the school districts that violate the limitation
7 imposed by subsection (c) of this Section. The State Board
8 of Education may recommend to the General Assembly and the
9 Governor any additional sanctions or remedial actions that
10 they determine necessary to deter non-compliance with the
11 limitation.
12 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
13 Sec. 18-4.3. Summer school grants. Grants shall be
14 determined for pupil attendance in summer schools conducted
15 under Sections 10-22.33A and 34-18 and approved under Section
16 2-3.25 in the following manner.
17 The amount of grant for each accredited summer school
18 attendance pupil shall be obtained by dividing the total
19 amount of apportionments determined under subsections (1) and
20 (2) of Section 18-8 or Section 18-8.05 by the actual number
21 of pupils in average daily attendance used for such
22 apportionments. The number of credited summer school
23 attendance pupils shall be determined (a) by counting clock
24 hours of class instruction by pupils enrolled in grades 1
25 through 12 in approved courses conducted at least 60 clock
26 hours in summer sessions; (b) by dividing such total of clock
27 hours of class instruction by 4 to produce days of credited
28 pupil attendance; (c) by dividing such days of credited pupil
29 attendance by the actual number of days in the regular term
30 as used in computation in the general apportionment in
31 Section 18-8; and (d) by multiplying by 1.25.
32 The amount of the grant for a summer school program
33 approved by the State Superintendent of Education for
HB0452 Enrolled -48- LRB9002549THcd
1 children with disabilities, as defined in Sections 14-1.02
2 through 14-1.07, shall be determined in the manner contained
3 above except that average daily membership shall be utilized
4 in lieu of average daily attendance.
5 In the case of an apportionment based on summer school
6 attendance or membership pupils, the claim therefor shall be
7 presented as a separate claim for the particular school year
8 in which such summer school session ends. On or before
9 October 15 of each year the superintendent of each eligible
10 school district shall certify to the regional superintendent
11 the claim of the district for the summer session just ended.
12 Failure on the part of the school board to so certify shall
13 constitute a forfeiture of its right to such payment. The
14 regional superintendent shall certify to the State
15 Superintendent of Education no later than November 1 the
16 regional report of claims for summer school. The State
17 Superintendent of Education shall transmit to the Comptroller
18 no later than December 15th of each year vouchers for payment
19 of amounts due school districts for summer school. The State
20 Superintendent of Education shall direct the Comptroller to
21 draw his warrants for payments thereof by the 30th day of
22 December. If the money appropriated by the General Assembly
23 for such purpose for any year is insufficient, it shall be
24 apportioned on the basis of claims approved.
25 However, notwithstanding the foregoing provisions, for
26 each fiscal year the money appropriated by the General
27 Assembly for the purposes of this Section shall only be used
28 for grants for approved summer school programs for those
29 children with disabilities served pursuant to Sections
30 14-7.02 and 14-7.02a of the School Code.
31 (Source: P.A. 88-9; 88-641, eff. 9-9-94; 89-397, eff.
32 8-20-95.)
33 (105 ILCS 5/18-7) (from Ch. 122, par. 18-7)
HB0452 Enrolled -49- LRB9002549THcd
1 Sec. 18-7. Payments for benefit of teacher retirement
2 systems.
3 (a) In each fiscal year through fiscal year 1998, the
4 State Board of Education shall distribute to the Public
5 School Teachers' Pension and Retirement Fund of Chicago the
6 sum, if any, appropriated for that fiscal year from the
7 Common School Fund for the benefit of the Retirement Fund, in
8 the manner provided in this Section, the Illinois Pension
9 Code, the State Finance Act, and other applicable provisions
10 of law. In making this distribution, the State Board of
11 Education shall present vouchers to the State Comptroller on
12 the 10th and 20th days of each month beginning in August.
13 Each payment shall equal 1/24 of the annual amount
14 appropriated in the months of August through May and 1/12 of
15 the annual amount appropriated in June.
16 Beginning in fiscal year 1999, the State contributions to
17 the Public School Teachers' Pension and Retirement Fund of
18 Chicago shall be appropriated directly to the Fund and paid
19 in vouchers submitted by the board of trustees of the Fund.
20 Vouchers submitted under this subsection shall be paid by the
21 State Comptroller and Treasurer by warrants drawn on funds
22 appropriated to the Public School Teachers' Pension and
23 Retirement Fund of Chicago State Board of Education for that
24 purpose.
25 (b) The State Board of Education shall, in State fiscal
26 year 1995, pay to the Teachers' Retirement System of the
27 State of Illinois the amount appropriated for the required
28 State contribution to the System for that fiscal year. The
29 State Board of Education shall present vouchers to the State
30 Comptroller for this purpose on the 10th and 20th days of
31 each month of the fiscal year, other than the month of July.
32 Each payment in the months of August through May shall equal
33 1/24 of the amount appropriated for that fiscal year; each
34 payment in the month of June shall equal 1/12 of the amount
HB0452 Enrolled -50- LRB9002549THcd
1 appropriated for that fiscal year.
2 Vouchers submitted under this subsection shall be paid by
3 the State Comptroller and Treasurer by warrants drawn on
4 funds appropriated to the State Board of Education for that
5 purpose.
6 (c) Beginning in State fiscal year 1996, the required
7 State contributions to the Teachers' Retirement System of the
8 State of Illinois shall be appropriated directly to the
9 System and paid on vouchers submitted by the board of
10 trustees of the retirement system, as provided in Section
11 16-158 of the Illinois Pension Code. These vouchers shall be
12 paid by the State Comptroller and Treasurer by warrants drawn
13 on funds appropriated to the retirement system for that
14 purpose.
15 (Source: P.A. 88-593, eff. 8-22-94.)
16 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
17 Sec. 18-8. Basis for apportionment to districts,
18 laboratory schools and alternative schools.
19 A. The amounts to be apportioned for school years prior
20 to the 1998-1999 school year shall be determined for each
21 educational service region by school districts, as follows:
22 1. General Provisions.
23 (a) In the computation of the amounts to be apportioned,
24 the average daily attendance of all pupils in grades 9
25 through 12 shall be multiplied by 1.25. The average daily
26 attendance of all pupils in grades 7 and 8 shall be
27 multiplied by 1.05.
28 (b) The actual number of pupils in average daily
29 attendance shall be computed in a one-teacher school district
30 by dividing the total aggregate days of pupil attendance by
31 the actual number of days school is in session but not more
32 than 30 such pupils shall be accredited for such type of
33 district; and in districts of 2 or more teachers, or in
HB0452 Enrolled -51- LRB9002549THcd
1 districts where records of attendance are kept by session
2 teachers, by taking the sum of the respective averages of the
3 units composing the group.
4 (c) Pupils in average daily attendance shall be computed
5 upon the average of the best 3 months of pupils attendance of
6 the current school year except as district claims may be
7 later amended as provided hereinafter in this Section.
8 However, for any school district maintaining grades
9 kindergarten through 12, the "average daily attendance" shall
10 be computed on the average of the best 3 months of pupils
11 attendance of the current year in grades kindergarten through
12 8, added together with the average of the best 3 months of
13 pupils attendance of the current year in grades 9 through 12,
14 except as district claims may be later amended as provided in
15 this Section. Days of attendance shall be kept by regular
16 calendar months, except any days of attendance in August
17 shall be added to the month of September and any days of
18 attendance in June shall be added to the month of May.
19 Except as otherwise provided in this Section, days of
20 attendance by pupils shall be counted only for sessions of
21 not less than 5 clock hours of school work per day under
22 direct supervision of: (i) teachers, or (ii) non-teaching
23 personnel or volunteer personnel when engaging in
24 non-teaching duties and supervising in those instances
25 specified in subsection (a) of Section 10-22.34 and paragraph
26 10 of Section 34-18, with pupils of legal school age and in
27 kindergarten and grades 1 through 12.
28 (d) Pupils regularly enrolled in a public school for
29 only a part of the school day may be counted on the basis of
30 1/6 day for every class hour of instruction of 40 minutes or
31 more attended pursuant to such enrollment.
32 (e) Days of attendance may be less than 5 clock hours on
33 the opening and closing of the school term, and upon the
34 first day of pupil attendance, if preceded by a day or days
HB0452 Enrolled -52- LRB9002549THcd
1 utilized as an institute or teachers' workshop.
2 (f) A session of 4 or more clock hours may be counted as
3 a day of attendance upon certification by the regional
4 superintendent, and approved by the State Superintendent of
5 Education to the extent that the district has been forced to
6 use daily multiple sessions.
7 (g) A session of 3 or more clock hours may be counted as
8 a day of attendance (1) when the remainder of the school day
9 or at least 2 hours in the evening of that day is utilized
10 for an in-service training program for teachers, up to a
11 maximum of 5 days per school year of which a maximum of 4
12 days of such 5 days may be used for parent-teacher
13 conferences, provided a district conducts an in-service
14 training program for teachers which has been approved by the
15 State Superintendent of Education; or, in lieu of 4 such
16 days, 2 full days may be used, in which event each such day
17 may be counted as a day of attendance; and (2) when days in
18 addition to those provided in item (1) are scheduled by a
19 school pursuant to its school improvement plan adopted under
20 Article 34 or its revised or amended school improvement plan
21 adopted under Article 2, provided that (i) such sessions of 3
22 or more clock hours are scheduled to occur at regular
23 intervals, (ii) the remainder of the school days in which
24 such sessions occur are utilized for in-service training
25 programs or other staff development activities for teachers,
26 and (iii) a sufficient number of minutes of school work under
27 the direct supervision of teachers are added to the school
28 days between such regularly scheduled sessions to accumulate
29 not less than the number of minutes by which such sessions of
30 3 or more clock hours fall short of 5 clock hours. Any full
31 days used for the purposes of this paragraph shall not be
32 considered for computing average daily attendance. Days
33 scheduled for in-service training programs, staff development
34 activities, or parent-teacher conferences may be scheduled
HB0452 Enrolled -53- LRB9002549THcd
1 separately for different grade levels and different
2 attendance centers of the district.
3 (h) A session of not less than one clock hour teaching
4 of hospitalized or homebound pupils on-site or by telephone
5 to the classroom may be counted as 1/2 day of attendance,
6 however these pupils must receive 4 or more clock hours of
7 instruction to be counted for a full day of attendance.
8 (i) A session of at least 4 clock hours may be counted
9 as a day of attendance for first grade pupils, and pupils in
10 full day kindergartens, and a session of 2 or more hours may
11 be counted as 1/2 day of attendance by pupils in
12 kindergartens which provide only 1/2 day of attendance.
13 (j) For children with disabilities who are below the age
14 of 6 years and who cannot attend two or more clock hours
15 because of their disability or immaturity, a session of not
16 less than one clock hour may be counted as 1/2 day of
17 attendance; however for such children whose educational needs
18 so require a session of 4 or more clock hours may be counted
19 as a full day of attendance.
20 (k) A recognized kindergarten which provides for only
21 1/2 day of attendance by each pupil shall not have more than
22 1/2 day of attendance counted in any 1 day. However,
23 kindergartens may count 2 1/2 days of attendance in any 5
24 consecutive school days. Where a pupil attends such a
25 kindergarten for 2 half days on any one school day, such
26 pupil shall have the following day as a day absent from
27 school, unless the school district obtains permission in
28 writing from the State Superintendent of Education.
29 Attendance at kindergartens which provide for a full day of
30 attendance by each pupil shall be counted the same as
31 attendance by first grade pupils. Only the first year of
32 attendance in one kindergarten shall be counted except in
33 case of children who entered the kindergarten in their fifth
34 year whose educational development requires a second year of
HB0452 Enrolled -54- LRB9002549THcd
1 kindergarten as determined under the rules and regulations of
2 the State Board of Education.
3 (l) Days of attendance by tuition pupils shall be
4 accredited only to the districts that pay the tuition to a
5 recognized school.
6 (m) The greater of the immediately preceding year's
7 weighted average daily attendance or the average of the
8 weighted average daily attendance of the immediately
9 preceding year and the previous 2 years shall be used.
10 For any school year beginning July 1, 1986 or thereafter,
11 if the weighted average daily attendance in either grades
12 kindergarten through 8 or grades 9 through 12 of a district
13 as computed for the first calendar month of the current
14 school year exceeds by more than 5%, but not less than 25
15 pupils, the district's weighted average daily attendance for
16 the first calendar month of the immediately preceding year
17 in, respectively, grades kindergarten through 8 or grades 9
18 through 12, a supplementary payment shall be made to the
19 district equal to the difference in the amount of aid the
20 district would be paid under this Section using the weighted
21 average daily attendance in the district as computed for the
22 first calendar month of the current school year and the
23 amount of aid the district would be paid using the weighted
24 average daily attendance in the district for the first
25 calendar month of the immediately preceding year. Such
26 supplementary State aid payment shall be paid to the district
27 as provided in Section 18-8.4 and shall be treated as
28 separate from all other payments made pursuant to this
29 Section 18-8.
30 (n) The number of low income eligible pupils in a
31 district shall result in an increase in the weighted average
32 daily attendance calculated as follows: The number of low
33 income pupils shall increase the weighted ADA by .53 for each
34 student adjusted by dividing the percent of low income
HB0452 Enrolled -55- LRB9002549THcd
1 eligible pupils in the district by the ratio of eligible low
2 income pupils in the State to the best 3 months' weighted
3 average daily attendance in the State. In no case may the
4 adjustment under this paragraph result in a greater weighting
5 than .625 for each eligible low income student. The number
6 of low income eligible pupils in a district shall be the
7 low-income eligible count from the most recently available
8 federal census and the weighted average daily attendance
9 shall be calculated in accordance with the other provisions
10 of this paragraph.
11 (o) Any school district which fails for any given school
12 year to maintain school as required by law, or to maintain a
13 recognized school is not eligible to file for such school
14 year any claim upon the common school fund. In case of
15 nonrecognition of one or more attendance centers in a school
16 district otherwise operating recognized schools, the claim of
17 the district shall be reduced in the proportion which the
18 average daily attendance in the attendance center or centers
19 bear to the average daily attendance in the school district.
20 A "recognized school" means any public school which meets the
21 standards as established for recognition by the State Board
22 of Education. A school district or attendance center not
23 having recognition status at the end of a school term is
24 entitled to receive State aid payments due upon a legal claim
25 which was filed while it was recognized.
26 (p) School district claims filed under this Section are
27 subject to Sections 18-9, 18-10 and 18-12, except as herein
28 otherwise provided.
29 (q) The State Board of Education shall secure from the
30 Department of Revenue the value as equalized or assessed by
31 the Department of Revenue of all taxable property of every
32 school district together with the applicable tax rate used in
33 extending taxes for the funds of the district as of September
34 30 of the previous year. The Department of Revenue shall add
HB0452 Enrolled -56- LRB9002549THcd
1 to the equalized assessed value of all taxable property of
2 each school district situated entirely or partially within a
3 county with 2,000,000 or more inhabitants an amount equal to
4 the total amount by which the homestead exemptions allowed
5 under Sections 15-170 and 15-175 of the Property Tax Code for
6 real property situated in that school district exceeds the
7 total amount that would have been allowed in that school
8 district as homestead exemptions under those Sections if the
9 maximum reduction under Section 15-170 of the Property Tax
10 Code was $2,000 and the maximum reduction under Section
11 15-175 of the Property Tax Code was $3,500. The county clerk
12 of any county with 2,000,000 or more inhabitants shall
13 annually calculate and certify to the Department for each
14 school district all homestead exemption amounts required by
15 this amendatory Act of 1992. In a new district which has not
16 had any tax rates yet determined for extension of taxes, a
17 leveled uniform rate shall be computed from the latest amount
18 of the fund taxes extended on the several areas within such
19 new district.
20 (r) If a school district operates a full year school
21 under Section 10-19.1, the general state aid to the school
22 district shall be determined by the State Board of Education
23 in accordance with this Section as near as may be applicable.
24 2. New or recomputed claim. The general State aid
25 entitlement for a newly created school district or a district
26 which has annexed an entire school district shall be computed
27 using attendance, compensatory pupil counts, equalized
28 assessed valuation, and tax rate data which would have been
29 used had the district been in existence for 3 years. General
30 State aid entitlements shall not be recomputed except as
31 permitted herein.
32 3. Impaction. Impaction payments shall be made as
33 provided for in Section 18-4.2.
34 4. Summer school. Summer school payments shall be made
HB0452 Enrolled -57- LRB9002549THcd
1 as provided in Section 18-4.3.
2 5. Computation of State aid. The State grant shall be
3 determined as follows:
4 (a) The State shall guarantee the amount of money that a
5 district's operating tax rate as limited in other Sections of
6 this Act would produce if every district maintaining grades
7 kindergarten through 12 had an equalized assessed valuation
8 equal to $74,791 per weighted ADA pupil; every district
9 maintaining grades kindergarten through 8 had an equalized
10 assessed valuation of $108,644 per weighted ADA pupil; and
11 every district maintaining grades 9 through 12 had an
12 equalized assessed valuation of $187,657 per weighted ADA
13 pupil. The State Board of Education shall adjust the
14 equalized assessed valuation amounts stated in this
15 paragraph, if necessary, to conform to the amount of the
16 appropriation approved for any fiscal year.
17 (b) The operating tax rate to be used shall consist of
18 all district taxes extended for all purposes except community
19 college educational purposes for the payment of tuition under
20 Section 6-1 of the Public Community College Act, Bond and
21 Interest, Summer School, Rent, Capital Improvement and
22 Vocational Education Building. Any district may elect to
23 exclude Transportation from the calculation of its operating
24 tax rate. Districts may include taxes extended for the
25 payment of principal and interest on bonds issued under the
26 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
27 per year for each purpose or the actual rate extended,
28 whichever is less.
29 (c) For calculation of aid under this Act a district
30 shall use the combined authorized tax rates of all funds not
31 exempt in (b) above, not to exceed 2.76% of the value of all
32 its taxable property as equalized or assessed by the
33 Department of Revenue for districts maintaining grades
34 kindergarten through 12; 1.90% of the value of all its
HB0452 Enrolled -58- LRB9002549THcd
1 taxable property as equalized or assessed by the Department
2 of Revenue for districts maintaining grades kindergarten
3 through 8 only; 1.10% of the value of all its taxable
4 property as equalized or assessed by the Department of
5 Revenue for districts maintaining grades 9 through 12 only.
6 A district may, however, as provided in Article 17, increase
7 its operating tax rate above the maximum rate provided in
8 this subsection without affecting the amount of State aid to
9 which it is entitled under this Act.
10 (d) (1) For districts maintaining grades kindergarten
11 through 12 with an operating tax rate as described in
12 subsections 5(b) and (c) of less than 2.18%, and districts
13 maintaining grades kindergarten through 8 with an operating
14 tax rate of less than 1.28%, State aid shall be computed by
15 multiplying the difference between the guaranteed equalized
16 assessed valuation per weighted ADA pupil in subsection 5(a)
17 and the equalized assessed valuation per weighted ADA pupil
18 in the district by the operating tax rate, multiplied by the
19 weighted average daily attendance of the district; provided,
20 however, that for the 1989-1990 school year only, a school
21 district maintaining grades kindergarten through 8 whose
22 operating tax rate with reference to which its general State
23 aid for the 1989-1990 school year is determined is less than
24 1.28% and more than 1.090%, and which had an operating tax
25 rate of 1.28% or more for the previous year, shall have its
26 general State aid computed according to the provisions of
27 subsection 5(d)(2).
28 (2) For districts maintaining grades kindergarten
29 through 12 with an operating tax rate as described in
30 subsection 5(b) and (c) of 2.18% and above, the State aid
31 shall be computed as provided in subsection (d) (1) but as
32 though the district had an operating tax rate of 2.76%; in
33 K-8 districts with an operating tax rate of 1.28% and above,
34 the State aid shall be computed as provided in subsection (d)
HB0452 Enrolled -59- LRB9002549THcd
1 (1) but as though the district had an operating tax rate of
2 1.90%; and in 9-12 districts, the State aid shall be computed
3 by multiplying the difference between the guaranteed
4 equalized assessed valuation per weighted average daily
5 attendance pupil in subsection 5(a) and the equalized
6 assessed valuation per weighted average daily attendance
7 pupil in the district by the operating tax rate, not to
8 exceed 1.10%, multiplied by the weighted average daily
9 attendance of the district. State aid computed under the
10 provisions of this subsection (d) (2) shall be treated as
11 separate from all other payments made pursuant to this
12 Section. The State Comptroller and State Treasurer shall
13 transfer from the General Revenue Fund to the Common School
14 Fund the amounts necessary to permit these claims to be paid
15 in equal installments along with other State aid payments
16 remaining to be made for the 1983-1984 school year under this
17 Section.
18 (3) For any school district whose 1995 equalized
19 assessed valuation is at least 6% less than its 1994
20 equalized assessed valuation as the result of a reduction in
21 the equalized assessed valuation of the taxable property
22 within such district of any one taxpayer whose taxable
23 property within the district has a 1994 equalized assessed
24 valuation constituting at least 20% of the 1994 equalized
25 assessed valuation of all taxable property within the
26 district, the 1996-97 State aid of such district shall be
27 computed using its 1995 equalized assessed valuation.
28 (4) For any school district whose 1988 equalized
29 assessed valuation is 55% or less of its 1981 equalized
30 assessed valuation, the 1990-91 State aid of such district
31 shall be computed by multiplying the 1988 equalized assessed
32 valuation by a factor of .8. Any such school district which
33 is reorganized effective for the 1991-92 school year shall
34 use the formula provided in this subparagraph for purposes of
HB0452 Enrolled -60- LRB9002549THcd
1 the calculation made pursuant to subsection (m) of this
2 Section.
3 (e) The amount of State aid shall be computed under the
4 provisions of subsections 5(a) through 5(d) provided the
5 equalized assessed valuation per weighted ADA pupil is less
6 than .87 of the amounts in subsection 5(a). If the equalized
7 assessed valuation per weighted ADA pupil is equal to or
8 greater than .87 of the amounts in subsection 5(a), the State
9 aid shall be computed under the provisions of subsection
10 5(f).
11 (f) If the equalized assessed valuation per weighted ADA
12 pupil is equal to or greater than .87 of the amounts in
13 subsection 5(a), the State aid per weighted ADA pupil shall
14 be computed by multiplying the product of .13 times the
15 maximum per pupil amount computed under the provisions of
16 subsections 5(a) through 5(d) by an amount equal to the
17 quotient of .87 times the equalized assessed valuation per
18 weighted ADA pupil in subsection 5(a) for that type of
19 district divided by the district equalized valuation per
20 weighted ADA pupil except in no case shall the district
21 receive State aid per weighted ADA pupil of less than .07
22 times the maximum per pupil amount computed under the
23 provisions of subsections 5(a) through 5(d).
24 (g) In addition to the above grants, summer school
25 grants shall be made based upon the calculation as provided
26 in subsection 4 of this Section.
27 (h) The board of any district receiving any of the
28 grants provided for in this Section may apply those funds to
29 any fund so received for which that board is authorized to
30 make expenditures by law.
31 (i) (1) (a) In school districts with an average daily
32 attendance of 50,000 or more, the amount which is provided
33 under subsection 1(n) of this Section by the application of a
34 base Chapter 1 weighting factor of .375 shall be distributed
HB0452 Enrolled -61- LRB9002549THcd
1 to the attendance centers within the district in proportion
2 to the number of pupils enrolled at each attendance center
3 who are eligible to receive free or reduced-price lunches or
4 breakfasts under the federal Child Nutrition Act of 1966 and
5 under the National School Lunch Act during the immediately
6 preceding school year. The amount of State aid provided
7 under subsection 1(n) of this Section by the application of
8 the Chapter 1 weighting factor in excess of .375 shall be
9 distributed to the attendance centers within the district in
10 proportion to the total enrollment at each attendance center.
11 Beginning with school year 1989-90, and each school year
12 thereafter, all funds provided under subsection 1 (n) of this
13 Section by the application of the Chapter 1 weighting factor
14 which are in excess of the level of non-targeted Chapter 1
15 funds in school year 1988-89 shall be distributed to
16 attendance centers, and only to attendance centers, within
17 the district in proportion to the number of pupils enrolled
18 at each attendance center who are eligible to receive free or
19 reduced price lunches or breakfasts under the Federal Child
20 Nutrition Act and under the National School Lunch Act during
21 the immediately preceding school year. Beginning in school
22 year 1989-90, 25% of the previously non-targeted Chapter 1
23 funds as established for school year 1988-89 shall also be
24 distributed to the attendance centers, and only to attendance
25 centers, in the district in proportion to the number of
26 pupils enrolled at each attendance center who are eligible to
27 receive free or reduced price lunches or breakfasts under the
28 Federal Child Nutrition Act and under the National School
29 Lunch Act during the immediately preceding school year; in
30 school year 1990-91, 50% of the previously non-targeted
31 Chapter 1 funds as established for school year 1988-89 shall
32 be distributed to attendance centers, and only to attendance
33 centers, in the district in proportion to the number of
34 pupils enrolled at each attendance center who are eligible to
HB0452 Enrolled -62- LRB9002549THcd
1 receive such free or reduced price lunches or breakfasts
2 during the immediately preceding school year; in school year
3 1991-92, 75% of the previously non-targeted Chapter 1 funds
4 as established for school year 1988-89 shall be distributed
5 to attendance centers, and only to attendance centers, in the
6 district in proportion to the number of pupils enrolled at
7 each attendance center who are eligible to receive such free
8 or reduced price lunches or breakfasts during the immediately
9 preceding school year; in school year 1992-93 and thereafter,
10 all funds provided under subsection 1 (n) of this Section by
11 the application of the Chapter 1 weighting factor shall be
12 distributed to attendance centers, and only to attendance
13 centers, in the district in proportion to the number of
14 pupils enrolled at each attendance center who are eligible to
15 receive free or reduced price lunches or breakfasts under the
16 Federal Child Nutrition Act and under the National School
17 Lunch Act during the immediately preceding school year;
18 provided, however, that the distribution formula in effect
19 beginning with school year 1989-90 shall not be applicable to
20 such portion of State aid provided under subsection 1 (n) of
21 this Section by the application of the Chapter 1 weighting
22 formula as is set aside and appropriated by the school
23 district for the purpose of providing desegregation programs
24 and related transportation to students (which portion shall
25 not exceed 5% of the total amount of State aid which is
26 provided under subsection 1 (n) of this Section by
27 application of the Chapter 1 weighting formula), and the
28 relevant percentages shall be applied to the remaining
29 portion of such State aid. The distribution of these
30 portions of general State aid among attendance centers
31 according to these requirements shall not be compensated for
32 or contravened by adjustments of the total of other funds
33 appropriated to any attendance centers. (b) The Board of
34 Education shall utilize funding from one or several sources
HB0452 Enrolled -63- LRB9002549THcd
1 in order to fully implement this provision annually prior to
2 the opening of school. The Board of Education shall apply
3 savings from reduced administrative costs required under
4 Section 34-43.1 and growth in non-Chapter 1 State and local
5 funds to assure that all attendance centers receive funding
6 to replace losses due to redistribution of Chapter 1 funding.
7 The distribution formula and funding to replace losses due to
8 the distribution formula shall occur, in full, using any and
9 all sources available, including, if necessary, revenue from
10 administrative reductions beyond those required in Section
11 34-43.1, in order to provide the necessary funds. (c) Each
12 attendance center shall be provided by the school district a
13 distribution of noncategorical funds and other categorical
14 funds to which an attendance center is entitled under law in
15 order that the State aid provided by application of the
16 Chapter 1 weighting factor and required to be distributed
17 among attendance centers according to the requirements of
18 this paragraph supplements rather than supplants the
19 noncategorical funds and other categorical funds provided by
20 the school district to the attendance centers.
21 Notwithstanding the foregoing provisions of this subsection
22 5(i)(1) or any other law to the contrary, beginning with the
23 1995-1996 school year and for each school year thereafter,
24 the board of a school district to which the provisions of
25 this subsection apply shall be required to allocate or
26 provide to attendance centers of the district in any such
27 school year, from the State aid provided for the district
28 under this Section by application of the Chapter 1 weighting
29 factor, an aggregate amount of not less than $261,000,000 of
30 State Chapter 1 funds. Any State Chapter 1 funds that by
31 reason of the provisions of this paragraph are not required
32 to be allocated and provided to attendance centers may be
33 used and appropriated by the board of the district for any
34 lawful school purpose. Chapter 1 funds received by an
HB0452 Enrolled -64- LRB9002549THcd
1 attendance center (except those funds set aside for
2 desegregation programs and related transportation to
3 students) shall be used on the schedule cited in this Section
4 at the attendance center at the discretion of the principal
5 and local school council for programs to improve educational
6 opportunities at qualifying schools through the following
7 programs and services: early childhood education, reduced
8 class size or improved adult to student classroom ratio,
9 enrichment programs, remedial assistance, attendance
10 improvement and other educationally beneficial expenditures
11 which supplement the regular and basic programs as determined
12 by the State Board of Education. Chapter 1 funds shall not
13 be expended for any political or lobbying purposes as defined
14 by board rule. (d) Each district subject to the provisions of
15 this paragraph shall submit an acceptable plan to meet the
16 educational needs of disadvantaged children, in compliance
17 with the requirements of this paragraph, to the State Board
18 of Education prior to July 15 of each year. This plan shall
19 be consistent with the decisions of local school councils
20 concerning the school expenditure plans developed in
21 accordance with part 4 of Section 34-2.3. The State Board
22 shall approve or reject the plan within 60 days after its
23 submission. If the plan is rejected the district shall give
24 written notice of intent to modify the plan within 15 days of
25 the notification of rejection and then submit a modified plan
26 within 30 days after the date of the written notice of intent
27 to modify. Districts may amend approved plans pursuant to
28 rules promulgated by the State Board of Education.
29 Upon notification by the State Board of Education that
30 the district has not submitted a plan prior to July 15 or a
31 modified plan within the time period specified herein, the
32 State aid funds affected by said plan or modified plan shall
33 be withheld by the State Board of Education until a plan or
34 modified plan is submitted.
HB0452 Enrolled -65- LRB9002549THcd
1 If the district fails to distribute State aid to
2 attendance centers in accordance with an approved plan, the
3 plan for the following year shall allocate funds, in addition
4 to the funds otherwise required by this subparagraph, to
5 those attendance centers which were underfunded during the
6 previous year in amounts equal to such underfunding.
7 For purposes of determining compliance with this
8 subsection in relation to Chapter 1 expenditures, each
9 district subject to the provisions of this subsection shall
10 submit as a separate document by December 1 of each year a
11 report of Chapter 1 expenditure data for the prior year in
12 addition to any modification of its current plan. If it is
13 determined that there has been a failure to comply with the
14 expenditure provisions of this subsection regarding
15 contravention or supplanting, the State Superintendent of
16 Education shall, within 60 days of receipt of the report,
17 notify the district and any affected local school council.
18 The district shall within 45 days of receipt of that
19 notification inform the State Superintendent of Education of
20 the remedial or corrective action to be taken, whether by
21 amendment of the current plan, if feasible, or by adjustment
22 in the plan for the following year. Failure to provide the
23 expenditure report or the notification of remedial or
24 corrective action in a timely manner shall result in a
25 withholding of the affected funds.
26 The State Board of Education shall promulgate rules and
27 regulations to implement the provisions of this subsection
28 5(i)(1). No funds shall be released under subsection 1(n) of
29 this Section or under this subsection 5(i)(1) to any district
30 which has not submitted a plan which has been approved by the
31 State Board of Education.
32 (2) School districts with an average daily attendance of
33 more than 1,000 and less than 50,000 and having a low income
34 pupil weighting factor in excess of .53 shall submit a plan
HB0452 Enrolled -66- LRB9002549THcd
1 to the State Board of Education prior to October 30 of each
2 year for the use of the funds resulting from the application
3 of subsection 1(n) of this Section for the improvement of
4 instruction in which priority is given to meeting the
5 education needs of disadvantaged children. Such plan shall
6 be submitted in accordance with rules and regulations
7 promulgated by the State Board of Education.
8 (j) For the purposes of calculating State aid under this
9 Section, with respect to any part of a school district within
10 a redevelopment project area in respect to which a
11 municipality has adopted tax increment allocation financing
12 pursuant to the Tax Increment Allocation Redevelopment Act,
13 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
14 Municipal Code or the Industrial Jobs Recovery Law, Sections
15 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
16 no part of the current equalized assessed valuation of real
17 property located in any such project area which is
18 attributable to an increase above the total initial equalized
19 assessed valuation of such property shall be used in
20 computing the equalized assessed valuation per weighted ADA
21 pupil in the district, until such time as all redevelopment
22 project costs have been paid, as provided in Section
23 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
24 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
25 For the purpose of computing the equalized assessed valuation
26 per weighted ADA pupil in the district the total initial
27 equalized assessed valuation or the current equalized
28 assessed valuation, whichever is lower, shall be used until
29 such time as all redevelopment project costs have been paid.
30 (k) For a school district operating under the financial
31 supervision of an Authority created under Article 34A, the
32 State aid otherwise payable to that district under this
33 Section, other than State aid attributable to Chapter 1
34 students, shall be reduced by an amount equal to the budget
HB0452 Enrolled -67- LRB9002549THcd
1 for the operations of the Authority as certified by the
2 Authority to the State Board of Education, and an amount
3 equal to such reduction shall be paid to the Authority
4 created for such district for its operating expenses in the
5 manner provided in Section 18-11. The remainder of State
6 school aid for any such district shall be paid in accordance
7 with Article 34A when that Article provides for a disposition
8 other than that provided by this Article.
9 (l) For purposes of calculating State aid under this
10 Section, the equalized assessed valuation for a school
11 district used to compute State aid shall be determined by
12 adding to the real property equalized assessed valuation for
13 the district an amount computed by dividing the amount of
14 money received by the district under the provisions of "An
15 Act in relation to the abolition of ad valorem personal
16 property tax and the replacement of revenues lost thereby",
17 certified August 14, 1979, by the total tax rate for the
18 district. For purposes of this subsection 1976 tax rates
19 shall be used for school districts in the county of Cook and
20 1977 tax rates shall be used for school districts in all
21 other counties.
22 (m) (1) For a new school district formed by combining
23 property included totally within 2 or more previously
24 existing school districts, for its first year of existence or
25 if the new district was formed after October 31, 1982 and
26 prior to September 23, 1985, for the year immediately
27 following September 23, 1985, the State aid calculated under
28 this Section shall be computed for the new district and for
29 the previously existing districts for which property is
30 totally included within the new district. If the computation
31 on the basis of the previously existing districts is greater,
32 a supplementary payment equal to the difference shall be made
33 for the first 3 years of existence of the new district or if
34 the new district was formed after October 31, 1982 and prior
HB0452 Enrolled -68- LRB9002549THcd
1 to September 23, 1985, for the 3 years immediately following
2 September 23, 1985.
3 (2) For a school district which annexes all of the
4 territory of one or more entire other school districts, for
5 the first year during which the change of boundaries
6 attributable to such annexation becomes effective for all
7 purposes as determined under Section 7-9 or 7A-8, the State
8 aid calculated under this Section shall be computed for the
9 annexing district as constituted after the annexation and for
10 the annexing and each annexed district as constituted prior
11 to the annexation; and if the computation on the basis of the
12 annexing and annexed districts as constituted prior to the
13 annexation is greater, a supplementary payment equal to the
14 difference shall be made for the first 3 years of existence
15 of the annexing school district as constituted upon such
16 annexation.
17 (3) For 2 or more school districts which annex all of
18 the territory of one or more entire other school districts,
19 and for 2 or more community unit districts which result upon
20 the division (pursuant to petition under Section 11A-2) of
21 one or more other unit school districts into 2 or more parts
22 and which together include all of the parts into which such
23 other unit school district or districts are so divided, for
24 the first year during which the change of boundaries
25 attributable to such annexation or division becomes effective
26 for all purposes as determined under Section 7-9 or 11A-10,
27 as the case may be, the State aid calculated under this
28 Section shall be computed for each annexing or resulting
29 district as constituted after the annexation or division and
30 for each annexing and annexed district, or for each resulting
31 and divided district, as constituted prior to the annexation
32 or division; and if the aggregate of the State aid as so
33 computed for the annexing or resulting districts as
34 constituted after the annexation or division is less than the
HB0452 Enrolled -69- LRB9002549THcd
1 aggregate of the State aid as so computed for the annexing
2 and annexed districts, or for the resulting and divided
3 districts, as constituted prior to the annexation or
4 division, then a supplementary payment equal to the
5 difference shall be made and allocated between or among the
6 annexing or resulting districts, as constituted upon such
7 annexation or division, for the first 3 years of their
8 existence. The total difference payment shall be allocated
9 between or among the annexing or resulting districts in the
10 same ratio as the pupil enrollment from that portion of the
11 annexed or divided district or districts which is annexed to
12 or included in each such annexing or resulting district bears
13 to the total pupil enrollment from the entire annexed or
14 divided district or districts, as such pupil enrollment is
15 determined for the school year last ending prior to the date
16 when the change of boundaries attributable to the annexation
17 or division becomes effective for all purposes. The amount
18 of the total difference payment and the amount thereof to be
19 allocated to the annexing or resulting districts shall be
20 computed by the State Board of Education on the basis of
21 pupil enrollment and other data which shall be certified to
22 the State Board of Education, on forms which it shall provide
23 for that purpose, by the regional superintendent of schools
24 for each educational service region in which the annexing and
25 annexed districts, or resulting and divided districts are
26 located.
27 (4) If a unit school district annexes all the territory
28 of another unit school district effective for all purposes
29 pursuant to Section 7-9 on July 1, 1988, and if part of the
30 annexed territory is detached within 90 days after July 1,
31 1988, then the detachment shall be disregarded in computing
32 the supplementary State aid payments under this paragraph (m)
33 for the entire 3 year period and the supplementary State aid
34 payments shall not be diminished because of the detachment.
HB0452 Enrolled -70- LRB9002549THcd
1 (5) Any supplementary State aid payment made under this
2 paragraph (m) shall be treated as separate from all other
3 payments made pursuant to this Section.
4 (n) For the purposes of calculating State aid under this
5 Section, the real property equalized assessed valuation for a
6 school district used to compute State aid shall be determined
7 by subtracting from the real property value as equalized or
8 assessed by the Department of Revenue for the district an
9 amount computed by dividing the amount of any abatement of
10 taxes under Section 18-170 of the Property Tax Code by the
11 maximum operating tax rates specified in subsection 5(c) of
12 this Section and an amount computed by dividing the amount of
13 any abatement of taxes under subsection (a) of Section 18-165
14 of the Property Tax Code by the maximum operating tax rates
15 specified in subsection 5(c) of this Section.
16 (o) Notwithstanding any other provisions of this
17 Section, for the 1996-1997 school year the amount of the
18 aggregate general State aid entitlement that is received
19 under this Section by each school district for that school
20 year shall be not less than the amount of the aggregate
21 general State aid entitlement that was received by the
22 district under this Section for the 1995-1996 school year.
23 If a school district is to receive an aggregate general State
24 aid entitlement under this Section for the 1996-1997 school
25 year that is less than the amount of the aggregate general
26 State aid entitlement that the district received under this
27 Section for the 1995-1996 school year, the school district
28 shall also receive, from a separate appropriation made for
29 purposes of this paragraph (o), a supplementary payment that
30 is equal to the amount by which the general State aid
31 entitlement received by the district under this Section for
32 the 1995-1996 school year exceeds the general State aid
33 entitlement that the district is to receive under this
34 Section for the 1996-1997 school year.
HB0452 Enrolled -71- LRB9002549THcd
1 Notwithstanding any other provisions of this Section, for
2 the 1997-1998 school year the amount of the aggregate general
3 State aid entitlement that is received under this Section by
4 each school district for that school year shall be not less
5 than the amount of the aggregate general State aid
6 entitlement that was received by the district under this
7 Section for the 1996-1997 school year. If a school district
8 is to receive an aggregate general State aid entitlement
9 under this Section for the 1997-1998 school year that is less
10 than the amount of the aggregate general State aid
11 entitlement that the district received under this Section for
12 the 1996-1997 school year, the school district shall also
13 receive, from a separate appropriation made for purposes of
14 this paragraph (o), a supplementary payment that is equal to
15 the amount by which the general State aid entitlement
16 received by the district under this Section for the 1996-1997
17 school year exceeds the general State aid entitlement that
18 the district is to receive under this Section for the
19 1997-1998 school year.
20 If the amount appropriated for supplementary payments to
21 school districts under this paragraph (o) is insufficient for
22 that purpose, the supplementary payments that districts are
23 to receive under this paragraph shall be prorated according
24 to the aggregate amount of the appropriation made for
25 purposes of this paragraph.
26 (p) For the 1997-1998 school year only, a supplemental
27 general State aid grant shall be provided for school
28 districts in an amount equal to the greater of the result of
29 part (i) of this subsection or part (ii) of this subsection,
30 calculated as follows:
31 (i) The general State aid received by a school
32 district under this Section for the 1997-1998 school year
33 shall be added to the sum of (A) the result obtained by
34 multiplying the 1995 equalized valuation of all taxable
HB0452 Enrolled -72- LRB9002549THcd
1 property in the district by the fixed calculation tax
2 rates of 3.0% for unit districts, 2.0% for elementary
3 districts and 1.0% for high school districts plus (B) the
4 aggregate corporate personal property replacement
5 revenues received by the district during the 1996-1997
6 school year. That; (ii) The aggregate amount determined
7 under this part item (i) of this subsection 5(p) shall be
8 divided by the average of the best 3 months of pupil
9 attendance in the district for the 1996-1997 school
10 year.; and (iii) If the result obtained by dividing the
11 aggregate amount determined under this part item (i) of
12 this subsection 5(p) by the average of the best 3 months
13 of pupil attendance in the district as provided in item
14 (ii) of this subsection 5(p) is less than $3,600, the
15 supplemental general State aid grant for that the
16 district shall receive under this subsection 5(p) for the
17 1997-1998 school year shall be equal to the amount
18 determined by subtracting from $3,600 the result obtained
19 by dividing the aggregate amount determined under this
20 part item (i) of this subsection by the average of the
21 best 3 months of pupil attendance in the district as
22 provided in item (ii) of this subsection, and by
23 multiplying that difference by the average of the best 3
24 months of pupil attendance in the district for the
25 1996-1997 school year.
26 (ii) The general State aid received by a school
27 district under this Section for the 1997-1998 school year
28 shall be added to the sum of (A) the result obtained by
29 multiplying the 1995 equalized assessed valuation of all
30 taxable property in the district by the district's
31 applicable 1995 operating tax rate as defined in this
32 part (ii) plus (B) the aggregate corporate personal
33 property replacement revenues received by the district
34 during the 1996-1997 school year. That aggregate amount
HB0452 Enrolled -73- LRB9002549THcd
1 shall be divided by the average of the best 3 months of
2 pupil attendance in the district for the 1996-1997 school
3 year. If the result obtained by dividing the aggregate
4 amount determined in this part (ii) by the average of the
5 best 3 months of pupil attendance in the district is less
6 than $4,100, the supplemental general State aid grant for
7 that district shall be equal to the amount determined by
8 subtracting from the $4,100 the result obtained by
9 dividing the aggregate amount determined in this part
10 (ii) by the average of the best 3 months of pupil
11 attendance in the district and by multiplying that
12 difference by the average of the best 3 months of pupil
13 attendance in the district for the 1996-1997 school year.
14 For the purposes of this part (ii), the "applicable 1995
15 operating tax rate" shall mean the following: (A) for
16 unit districts with operating tax rates of 3.00% or less,
17 elementary districts with operating tax rates of 2.00% or
18 less, and high school districts with operating tax rates
19 of 1.00% or less, the applicable 1995 operating tax rate
20 shall be 3.00% for unit districts, 2.00% for elementary
21 districts, and 1.00% for high school districts; (B) for
22 unit districts with operating tax rates of 4.50% or more,
23 elementary districts with operating tax rates of 3.00% or
24 more, and high school districts with operating tax rates
25 of 1.85% or more, the applicable 1995 operating tax rate
26 shall be 4.50% for unit districts, 3.00% for elementary
27 districts, and 1.85% for high school districts; and (C)
28 for unit districts with operating tax rates of more than
29 3.00% and less than 4.50%, for elementary districts with
30 operating tax rates of more than 2.00% and less than
31 3.00%, and for high school districts with operating tax
32 rates of more than 1.00% and less than 1.85%, the
33 applicable 1995 operating tax rate shall be the
34 district's actual 1995 operating tax rate.
HB0452 Enrolled -74- LRB9002549THcd
1 If the moneys appropriated in a separate line item by the
2 General Assembly to the State Board of Education for
3 supplementary payments required to be made and distributed to
4 school districts for the 1997-1998 any school year under this
5 subsection 5(p) are insufficient, the amount of the
6 supplementary payments required to be made and distributed to
7 those school districts under this subsection 5(p) for that
8 school year shall abate proportionately.
9 (p-5) For the 1997-98 school year only, a supplemental
10 general State aid grant shall be provided for school
11 districts based on the number of low-income eligible pupils
12 within the school district. For the purposes of this
13 subsection 5(p-5), "low-income eligible pupils" shall be the
14 low-income eligible pupil count from the most recently
15 available federal census. The supplemental general State aid
16 grant for each district shall be equal to the number of
17 low-income eligible pupils within that district multiplied by
18 $30.50. If the moneys appropriated in a separate line item
19 by the General Assembly to the State Board of Education for
20 supplementary payments required to be made and distributed to
21 school districts for the 1997-98 school year under this
22 subsection 5(p-5) are insufficient, the amount of the
23 supplementary payments required to be made and distributed to
24 those districts under this subsection shall abate
25 proportionately.
26 B. In calculating the amount to be paid to the governing
27 board of a public university that operates a laboratory
28 school under this Section or to any alternative school that
29 is operated by a regional superintendent, the State Board of
30 Education shall require by rule such reporting requirements
31 as it deems necessary.
32 As used in this Section, "laboratory school" means a
33 public school which is created and operated by a public
34 university and approved by the State Board of Education. The
HB0452 Enrolled -75- LRB9002549THcd
1 governing board of a public university which receives funds
2 from the State Board under this subsection B may not increase
3 the number of students enrolled in its laboratory school from
4 a single district, if that district is already sending 50 or
5 more students, except under a mutual agreement between the
6 school board of a student's district of residence and the
7 university which operates the laboratory school. A
8 laboratory school may not have more than 1,000 students,
9 excluding students with disabilities in a special education
10 program.
11 As used in this Section, "alternative school" means a
12 public school which is created and operated by a Regional
13 Superintendent of Schools and approved by the State Board of
14 Education. Such alternative schools may offer courses of
15 instruction for which credit is given in regular school
16 programs, courses to prepare students for the high school
17 equivalency testing program or vocational and occupational
18 training.
19 Each laboratory and alternative school shall file, on
20 forms provided by the State Superintendent of Education, an
21 annual State aid claim which states the average daily
22 attendance of the school's students by month. The best 3
23 months' average daily attendance shall be computed for each
24 school. The weighted average daily attendance shall be
25 computed and the weighted average daily attendance for the
26 school's most recent 3 year average shall be compared to the
27 most recent weighted average daily attendance, and the
28 greater of the 2 shall be used for the calculation under this
29 subsection B. The general State aid entitlement shall be
30 computed by multiplying the school's student count by the
31 foundation level as determined under this Section.
32 C. This Section is repealed July 1, 1998.
33 (Source: P.A. 89-15, eff. 5-30-95; 89-235, eff. 8-4-95;
34 89-397, eff. 8-20-95; 89-610, eff. 8-6-96; 89-618, eff.
HB0452 Enrolled -76- LRB9002549THcd
1 8-9-96; 89-626, eff. 8-9-96; 89-679, eff. 8-16-96; 90-9, eff.
2 7-1-97; 90-14, eff. 7-1-97.)
3 (105 ILCS 5/18-8.05 new)
4 Sec. 18-8.05. Basis for apportionment of general State
5 financial aid and supplemental general State aid to the
6 common schools for the 1998-1999 and subsequent school years.
7 (A) General Provisions.
8 (1) The provisions of this Section apply to the
9 1998-1999 and subsequent school years. The system of general
10 State financial aid provided for in this Section is designed
11 to assure that, through a combination of State financial aid
12 and required local resources, the financial support provided
13 each pupil in Average Daily Attendance equals or exceeds a
14 prescribed per pupil Foundation Level. This formula approach
15 imputes a level of per pupil Available Local Resources and
16 provides for the basis to calculate a per pupil level of
17 general State financial aid that, when added to Available
18 Local Resources, equals or exceeds the Foundation Level. The
19 amount of per pupil general State financial aid for school
20 districts, in general, varies in inverse relation to
21 Available Local Resources. Per pupil amounts are based upon
22 each school district's Average Daily Attendance as that term
23 is defined in this Section.
24 (2) In addition to general State financial aid, school
25 districts with specified levels or concentrations of pupils
26 from low income households are eligible to receive
27 supplemental general State financial aid grants as provided
28 pursuant to subsection (H). The supplemental State aid grants
29 provided for school districts under subsection (H) shall be
30 appropriated for distribution to school districts as part of
31 the same line item in which the general State financial aid
32 of school districts is appropriated under this Section.
33 (3) To receive financial assistance under this Section,
HB0452 Enrolled -77- LRB9002549THcd
1 school districts are required to file claims with the State
2 Board of Education, subject to the following requirements:
3 (a) Any school district which fails for any given
4 school year to maintain school as required by law, or to
5 maintain a recognized school is not eligible to file for
6 such school year any claim upon the Common School Fund.
7 In case of nonrecognition of one or more attendance
8 centers in a school district otherwise operating
9 recognized schools, the claim of the district shall be
10 reduced in the proportion which the Average Daily
11 Attendance in the attendance center or centers bear to
12 the Average Daily Attendance in the school district. A
13 "recognized school" means any public school which meets
14 the standards as established for recognition by the State
15 Board of Education. A school district or attendance
16 center not having recognition status at the end of a
17 school term is entitled to receive State aid payments due
18 upon a legal claim which was filed while it was
19 recognized.
20 (b) School district claims filed under this Section
21 are subject to Sections 18-9, 18-10, and 18-12, except as
22 otherwise provided in this Section.
23 (c) If a school district operates a full year
24 school under Section 10-19.1, the general State aid to
25 the school district shall be determined by the State
26 Board of Education in accordance with this Section as
27 near as may be applicable.
28 (d) Claims for financial assistance under this
29 Section shall not be recomputed except as expressly
30 provided under this Section.
31 (4) Except as provided in subsections (H) and (L), the
32 board of any district receiving any of the grants provided
33 for in this Section may apply those funds to any fund so
34 received for which that board is authorized to make
HB0452 Enrolled -78- LRB9002549THcd
1 expenditures by law.
2 School districts are not required to exert a minimum
3 Operating Tax Rate in order to qualify for assistance under
4 this Section.
5 (5) As used in this Section the following terms, when
6 capitalized, shall have the meaning ascribed herein:
7 (a) "Average Daily Attendance": A count of pupil
8 attendance in school, averaged as provided for in
9 subsection (C) and utilized in deriving per pupil
10 financial support levels.
11 (b) "Available Local Resources": A computation of
12 local financial support, calculated on the basis Average
13 Daily Attendance and derived as provided pursuant to
14 subsection (D).
15 (c) "Corporate Personal Property Replacement
16 Taxes": Funds paid to local school districts pursuant to
17 "An Act in relation to the abolition of ad valorem
18 personal property tax and the replacement of revenues
19 lost thereby, and amending and repealing certain Acts and
20 parts of Acts in connection therewith", certified August
21 14, 1979, as amended (Public Act 81-1st S.S.-1).
22 (d) "Foundation Level": A prescribed level of per
23 pupil financial support as provided for in subsection
24 (B).
25 (e) "Operating Tax Rate": All school district
26 property taxes extended for all purposes, except
27 community college educational purposes for the payment of
28 tuition under Section 6-1 of the Public Community College
29 Act, Bond and Interest, Summer School, Rent, Capital
30 Improvement, and Vocational Education Building purposes.
31 (B) Foundation Level.
32 (1) The Foundation Level is a figure established by the
33 State representing the minimum level of per pupil financial
34 support that should be available to provide for the basic
HB0452 Enrolled -79- LRB9002549THcd
1 education of each pupil in Average Daily Attendance. As set
2 forth in this Section, each school district is assumed to
3 exert a sufficient local taxing effort such that, in
4 combination with the aggregate of general State financial aid
5 provided the district, an aggregate of State and local
6 resources are available to meet the basic education needs of
7 pupils in the district.
8 (2) For the 1998-1999 school year, the Foundation Level
9 of support is $4,225. For the 1999-2000 school year, the
10 Foundation Level of support is $4,325. For the 2000-2001
11 school year, the Foundation Level of support is $4,425.
12 (3) For the 2001-2002 school year and each school year
13 thereafter, the Foundation Level of support is $4,425 or such
14 greater amount as may be established by law by the General
15 Assembly.
16 (C) Average Daily Attendance.
17 (1) For purposes of calculating general State aid
18 pursuant to subsection (E), an Average Daily Attendance
19 figure shall be utilized. The Average Daily Attendance
20 figure for formula calculation purposes shall be the monthly
21 average of the actual number of pupils in attendance of each
22 school district, as further averaged for the best 3 months of
23 pupil attendance for each school district. In compiling the
24 figures for the number of pupils in attendance, school
25 districts and the State Board of Education shall, for
26 purposes of general State aid funding, conform attendance
27 figures to the requirements of subsection (F).
28 (2) The Average Daily Attendance figures utilized in
29 subsection (E) shall be the requisite attendance data for the
30 school year immediately preceding the school year for which
31 general State aid is being calculated.
32 (D) Available Local Resources.
33 (1) For purposes of calculating general State aid
HB0452 Enrolled -80- LRB9002549THcd
1 pursuant to subsection (E), a representation of Available
2 Local Resources per pupil, as that term is defined and
3 determined in this subsection, shall be utilized. Available
4 Local Resources per pupil shall include a calculated dollar
5 amount representing local school district revenues from local
6 property taxes and from Corporate Personal Property
7 Replacement Taxes, expressed on the basis of pupils in
8 Average Daily Attendance.
9 (2) In determining a school district's revenue from
10 local property taxes, the State Board of Education shall
11 utilize the equalized assessed valuation of all taxable
12 property of each school district as of September 30 of the
13 previous year. The equalized assessed valuation utilized
14 shall be obtained and determined as provided in subsection
15 (G).
16 (3) For school districts maintaining grades kindergarten
17 through 12, local property tax revenues per pupil shall be
18 calculated as the product of the applicable equalized
19 assessed valuation for the district multiplied by 3.00%, and
20 divided by the district's Average Daily Attendance figure.
21 For school districts maintaining grades kindergarten through
22 8, local property tax revenues per pupil shall be calculated
23 as the product of the applicable equalized assessed valuation
24 for the district multiplied by 2.30%, and divided by the
25 district's Average Daily Attendance figure. For school
26 districts maintaining grades 9 through 12, local property tax
27 revenues per pupil shall be the applicable equalized assessed
28 valuation of the district multiplied by 1.20%, and divided by
29 the district's Average Daily Attendance figure.
30 (4) The Corporate Personal Property Replacement Taxes
31 paid to each school district during the calendar year 2 years
32 before the calendar year in which a school year begins,
33 divided by the Average Daily Attendance figure for that
34 district, shall be added to the local property tax revenues
HB0452 Enrolled -81- LRB9002549THcd
1 per pupil as derived by the application of the immediately
2 preceding paragraph (3). The sum of these per pupil figures
3 for each school district shall constitute Available Local
4 Resources as that term is utilized in subsection (E) in the
5 calculation of general State aid.
6 (E) Computation of General State Aid.
7 (1) For each school year, the amount of general State
8 aid allotted to a school district shall be computed by the
9 State Board of Education as provided in this subsection.
10 (2) For any school district for which Available Local
11 Resources per pupil is less than the product of 0.93 times
12 the Foundation Level, general State aid for that district
13 shall be calculated as an amount equal to the Foundation
14 Level minus Available Local Resources, multiplied by the
15 Average Daily Attendance of the school district.
16 (3) For any school district for which Available Local
17 Resources per pupil is equal to or greater than the product
18 of 0.93 times the Foundation Level and less than the product
19 of 1.75 times the Foundation Level, the general State aid per
20 pupil shall be a decimal proportion of the Foundation Level
21 derived using a linear algorithm. Under this linear
22 algorithm, the calculated general State aid per pupil shall
23 decline in direct linear fashion from 0.07 times the
24 Foundation Level for a school district with Available Local
25 Resources equal to the product of 0.93 times the Foundation
26 Level, to 0.05 times the Foundation Level for a school
27 district with Available Local Resources equal to the product
28 of 1.75 times the Foundation Level. The allocation of
29 general State aid for school districts subject to this
30 paragraph 3 shall be the calculated general State aid per
31 pupil figure multiplied by the Average Daily Attendance of
32 the school district.
33 (4) For any school district for which Available Local
34 Resources per pupil equals or exceeds the product of 1.75
HB0452 Enrolled -82- LRB9002549THcd
1 times the Foundation Level, the general State aid for the
2 school district shall be calculated as the product of $218
3 multiplied by the Average Daily Attendance of the school
4 district.
5 (F) Compilation of Average Daily Attendance.
6 (1) Each school district shall, by July 1 of each year,
7 submit to the State Board of Education, on forms prescribed
8 by the State Board of Education, attendance figures for the
9 school year that began in the preceding calendar year. The
10 attendance information so transmitted shall identify the
11 average daily attendance figures for each month of the school
12 year, except that any days of attendance in August shall be
13 added to the month of September and any days of attendance in
14 June shall be added to the month of May.
15 Except as otherwise provided in this Section, days of
16 attendance by pupils shall be counted only for sessions of
17 not less than 5 clock hours of school work per day under
18 direct supervision of: (i) teachers, or (ii) non-teaching
19 personnel or volunteer personnel when engaging in
20 non-teaching duties and supervising in those instances
21 specified in subsection (a) of Section 10-22.34 and paragraph
22 10 of Section 34-18, with pupils of legal school age and in
23 kindergarten and grades 1 through 12.
24 Days of attendance by tuition pupils shall be accredited
25 only to the districts that pay the tuition to a recognized
26 school.
27 (2) Days of attendance by pupils of less than 5 clock
28 hours of school shall be subject to the following provisions
29 in the compilation of Average Daily Attendance.
30 (a) Pupils regularly enrolled in a public school
31 for only a part of the school day may be counted on the
32 basis of 1/6 day for every class hour of instruction of
33 40 minutes or more attended pursuant to such enrollment.
34 (b) Days of attendance may be less than 5 clock
HB0452 Enrolled -83- LRB9002549THcd
1 hours on the opening and closing of the school term, and
2 upon the first day of pupil attendance, if preceded by a
3 day or days utilized as an institute or teachers'
4 workshop.
5 (c) A session of 4 or more clock hours may be
6 counted as a day of attendance upon certification by the
7 regional superintendent, and approved by the State
8 Superintendent of Education to the extent that the
9 district has been forced to use daily multiple sessions.
10 (d) A session of 3 or more clock hours may be
11 counted as a day of attendance (1) when the remainder of
12 the school day or at least 2 hours in the evening of that
13 day is utilized for an in-service training program for
14 teachers, up to a maximum of 5 days per school year of
15 which a maximum of 4 days of such 5 days may be used for
16 parent-teacher conferences, provided a district conducts
17 an in-service training program for teachers which has
18 been approved by the State Superintendent of Education;
19 or, in lieu of 4 such days, 2 full days may be used, in
20 which event each such day may be counted as a day of
21 attendance; and (2) when days in addition to those
22 provided in item (1) are scheduled by a school pursuant
23 to its school improvement plan adopted under Article 34
24 or its revised or amended school improvement plan adopted
25 under Article 2, provided that (i) such sessions of 3 or
26 more clock hours are scheduled to occur at regular
27 intervals, (ii) the remainder of the school days in which
28 such sessions occur are utilized for in-service training
29 programs or other staff development activities for
30 teachers, and (iii) a sufficient number of minutes of
31 school work under the direct supervision of teachers are
32 added to the school days between such regularly scheduled
33 sessions to accumulate not less than the number of
34 minutes by which such sessions of 3 or more clock hours
HB0452 Enrolled -84- LRB9002549THcd
1 fall short of 5 clock hours. Any full days used for the
2 purposes of this paragraph shall not be considered for
3 computing average daily attendance. Days scheduled for
4 in-service training programs, staff development
5 activities, or parent-teacher conferences may be
6 scheduled separately for different grade levels and
7 different attendance centers of the district.
8 (e) A session of not less than one clock hour
9 teaching of hospitalized or homebound pupils on-site or
10 by telephone to the classroom may be counted as 1/2 day
11 of attendance, however these pupils must receive 4 or
12 more clock hours of instruction to be counted for a full
13 day of attendance.
14 (f) A session of at least 4 clock hours may be
15 counted as a day of attendance for first grade pupils,
16 and pupils in full day kindergartens, and a session of 2
17 or more hours may be counted as 1/2 day of attendance by
18 pupils in kindergartens which provide only 1/2 day of
19 attendance.
20 (g) For children with disabilities who are below
21 the age of 6 years and who cannot attend 2 or more clock
22 hours because of their disability or immaturity, a
23 session of not less than one clock hour may be counted as
24 1/2 day of attendance; however for such children whose
25 educational needs so require a session of 4 or more clock
26 hours may be counted as a full day of attendance.
27 (h) A recognized kindergarten which provides for
28 only 1/2 day of attendance by each pupil shall not have
29 more than 1/2 day of attendance counted in any 1 day.
30 However, kindergartens may count 2 1/2 days of attendance
31 in any 5 consecutive school days. When a pupil attends
32 such a kindergarten for 2 half days on any one school
33 day, the pupil shall have the following day as a day
34 absent from school, unless the school district obtains
HB0452 Enrolled -85- LRB9002549THcd
1 permission in writing from the State Superintendent of
2 Education. Attendance at kindergartens which provide for
3 a full day of attendance by each pupil shall be counted
4 the same as attendance by first grade pupils. Only the
5 first year of attendance in one kindergarten shall be
6 counted, except in case of children who entered the
7 kindergarten in their fifth year whose educational
8 development requires a second year of kindergarten as
9 determined under the rules and regulations of the State
10 Board of Education.
11 (G) Equalized Assessed Valuation Data.
12 (1) For purposes of the calculation of Available Local
13 Resources required pursuant to subsection (D), the State
14 Board of Education shall secure from the Department of
15 Revenue the value as equalized or assessed by the Department
16 of Revenue of all taxable property of every school district
17 together with the applicable tax rate used in extending taxes
18 for the funds of the district as of September 30 of the
19 previous year.
20 This equalized assessed valuation, as adjusted further by
21 the requirements of this subsection, shall be utilized in the
22 calculation of Available Local Resources.
23 (2) The equalized assessed valuation in paragraph (1)
24 shall be adjusted, as applicable, in the following manner:
25 (a) For the purposes of calculating State aid under
26 this Section, with respect to any part of a school
27 district within a redevelopment project area in respect
28 to which a municipality has adopted tax increment
29 allocation financing pursuant to the Tax Increment
30 Allocation Redevelopment Act, Sections 11-74.4-1 through
31 11-74.4-11 of the Illinois Municipal Code or the
32 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
33 11-74.6-50 of the Illinois Municipal Code, no part of the
34 current equalized assessed valuation of real property
HB0452 Enrolled -86- LRB9002549THcd
1 located in any such project area which is attributable to
2 an increase above the total initial equalized assessed
3 valuation of such property shall be used as part of the
4 equalized assessed valuation of the district, until such
5 time as all redevelopment project costs have been paid,
6 as provided in Section 11-74.4-8 of the Tax Increment
7 Allocation Redevelopment Act or in Section 11-74.6-35 of
8 the Industrial Jobs Recovery Law. For the purpose of the
9 equalized assessed valuation of the district, the total
10 initial equalized assessed valuation or the current
11 equalized assessed valuation, whichever is lower, shall
12 be used until such time as all redevelopment project
13 costs have been paid.
14 (b) The real property equalized assessed valuation
15 for a school district shall be adjusted by subtracting
16 from the real property value as equalized or assessed by
17 the Department of Revenue for the district an amount
18 computed by dividing the amount of any abatement of taxes
19 under Section 18-170 of the Property Tax Code by 3.00%
20 for a district maintaining grades kindergarten through 12
21 or by 2.30% for a district maintaining grades
22 kindergarten through 8, or by 1.20% for a district
23 maintaining grades 9 through 12 and adjusted by an amount
24 computed by dividing the amount of any abatement of taxes
25 under subsection (a) of Section 18-165 of the Property
26 Tax Code by the same percentage rates for district type
27 as specified in this subparagraph (c).
28 (H) Supplemental General State Aid.
29 (1) In addition to the general State aid a school
30 district is allotted pursuant to subsection (E), qualifying
31 school districts shall receive a grant, paid in conjunction
32 with a district's payments of general State aid, for
33 supplemental general State aid based upon the concentration
34 level of children from low-income households within the
HB0452 Enrolled -87- LRB9002549THcd
1 school district. Supplemental State aid grants provided for
2 school districts under this subsection shall be appropriated
3 for distribution to school districts as part of the same line
4 item in which the general State financial aid of school
5 districts is appropriated under this Section. For purposes of
6 this subsection, the term "Low-Income Concentration Level"
7 shall be the low-income eligible pupil count from the most
8 recently available federal census divided by the Average
9 Daily Attendance of the school district.
10 (2) Supplemental general State aid pursuant to this
11 subsection shall be provided as follows:
12 (a) For any school district with a Low Income
13 Concentration Level of at least 20% and less than 35%,
14 the grant for any school year shall be $800 multiplied by
15 the low income eligible pupil count.
16 (b) For any school district with a Low Income
17 Concentration Level of at least 35% and less than 50%,
18 the grant for the 1998-1999 school year shall be $1,100
19 multiplied by the low income eligible pupil count.
20 (c) For any school district with a Low Income
21 Concentration Level of at least 50% and less than 60%,
22 the grant for the 1998-99 school year shall be $1,500
23 multiplied by the low income eligible pupil count.
24 (d) For any school district with a Low Income
25 Concentration Level of 60% or more, the grant for the
26 1998-99 school year shall be $1,900 multiplied by the low
27 income eligible pupil count.
28 (e) For the 1999-2000 school year, the per pupil
29 amount specified in subparagraphs (b), (c), and (d),
30 immediately above shall be increased by $100 to $1,200,
31 $1,600, and $2,000, respectively.
32 (f) For the 2000-2001 school year, the per pupil
33 amounts specified in subparagraphs (b), (c) and (d)
34 immediately above shall be increased to $1,230, $1,640,
HB0452 Enrolled -88- LRB9002549THcd
1 and $2,050, respectively.
2 (3) School districts with an Average Daily Attendance of
3 more than 1,000 and less than 50,000 that qualify for
4 supplemental general State aid pursuant to this subsection
5 shall submit a plan to the State Board of Education prior to
6 October 30 of each year for the use of the funds resulting
7 from this grant of supplemental general State aid for the
8 improvement of instruction in which priority is given to
9 meeting the education needs of disadvantaged children. Such
10 plan shall be submitted in accordance with rules and
11 regulations promulgated by the State Board of Education.
12 (4) School districts with an Average Daily Attendance of
13 50,000 or more that qualify for supplemental general State
14 aid pursuant to this subsection shall be required to
15 distribute from funds available pursuant to this Section, no
16 less than $261,000,000 in accordance with the following
17 requirements:
18 (a) The required amounts shall be distributed to
19 the attendance centers within the district in proportion
20 to the number of pupils enrolled at each attendance
21 center who are eligible to receive free or reduced-price
22 lunches or breakfasts under the federal Child Nutrition
23 Act of 1966 and under the National School Lunch Act
24 during the immediately preceding school year.
25 (b) The distribution of these portions of
26 supplemental and general State aid among attendance
27 centers according to these requirements shall not be
28 compensated for or contravened by adjustments of the
29 total of other funds appropriated to any attendance
30 centers, and the Board of Education shall utilize funding
31 from one or several sources in order to fully implement
32 this provision annually prior to the opening of school.
33 (c) Each attendance center shall be provided by the
34 school district a distribution of noncategorical funds
HB0452 Enrolled -89- LRB9002549THcd
1 and other categorical funds to which an attendance center
2 is entitled under law in order that the general State aid
3 and supplemental general State aid provided by
4 application of this subsection supplements rather than
5 supplants the noncategorical funds and other categorical
6 funds provided by the school district to the attendance
7 centers.
8 (d) Any funds made available under this subsection
9 that by reason of the provisions of this subsection are
10 not required to be allocated and provided to attendance
11 centers may be used and appropriated by the board of the
12 district for any lawful school purpose.
13 (e) Funds received by an attendance center pursuant
14 to this subsection shall be used by the attendance center
15 at the discretion of the principal and local school
16 council for programs to improve educational opportunities
17 at qualifying schools through the following programs and
18 services: early childhood education, reduced class size
19 or improved adult to student classroom ratio, enrichment
20 programs, remedial assistance, attendance improvement and
21 other educationally beneficial expenditures which
22 supplement the regular and basic programs as determined
23 by the State Board of Education. Funds provided shall
24 not be expended for any political or lobbying purposes as
25 defined by board rule.
26 (f) Each district subject to the provisions of this
27 subdivision (H)(4) shall submit an acceptable plan to
28 meet the educational needs of disadvantaged children, in
29 compliance with the requirements of this paragraph, to
30 the State Board of Education prior to July 15 of each
31 year. This plan shall be consistent with the decisions of
32 local school councils concerning the school expenditure
33 plans developed in accordance with part 4 of Section
34 34-2.3. The State Board shall approve or reject the plan
HB0452 Enrolled -90- LRB9002549THcd
1 within 60 days after its submission. If the plan is
2 rejected, the district shall give written notice of
3 intent to modify the plan within 15 days of the
4 notification of rejection and then submit a modified plan
5 within 30 days after the date of the written notice of
6 intent to modify. Districts may amend approved plans
7 pursuant to rules promulgated by the State Board of
8 Education.
9 Upon notification by the State Board of Education
10 that the district has not submitted a plan prior to July
11 15 or a modified plan within the time period specified
12 herein, the State aid funds affected by that plan or
13 modified plan shall be withheld by the State Board of
14 Education until a plan or modified plan is submitted.
15 If the district fails to distribute State aid to
16 attendance centers in accordance with an approved plan,
17 the plan for the following year shall allocate funds, in
18 addition to the funds otherwise required by this
19 subsection, to those attendance centers which were
20 underfunded during the previous year in amounts equal to
21 such underfunding.
22 For purposes of determining compliance with this
23 subsection in relation to the requirements of attendance
24 center funding, each district subject to the provisions
25 of this subsection shall submit as a separate document by
26 December 1 of each year a report of expenditure data for
27 the prior year in addition to any modification of its
28 current plan. If it is determined that there has been a
29 failure to comply with the expenditure provisions of this
30 subsection regarding contravention or supplanting, the
31 State Superintendent of Education shall, within 60 days
32 of receipt of the report, notify the district and any
33 affected local school council. The district shall within
34 45 days of receipt of that notification inform the State
HB0452 Enrolled -91- LRB9002549THcd
1 Superintendent of Education of the remedial or corrective
2 action to be taken, whether by amendment of the current
3 plan, if feasible, or by adjustment in the plan for the
4 following year. Failure to provide the expenditure
5 report or the notification of remedial or corrective
6 action in a timely manner shall result in a withholding
7 of the affected funds.
8 The State Board of Education shall promulgate rules
9 and regulations to implement the provisions of this
10 subsection. No funds shall be released under this
11 subdivision (H)(4) to any district that has not submitted
12 a plan that has been approved by the State Board of
13 Education.
14 (I) General State Aid for Newly Configured School Districts.
15 (1) For a new school district formed by combining
16 property included totally within 2 or more previously
17 existing school districts, for its first year of existence
18 the general State aid and supplemental general State aid
19 calculated under this Section shall be computed for the new
20 district and for the previously existing districts for which
21 property is totally included within the new district. If the
22 computation on the basis of the previously existing districts
23 is greater, a supplementary payment equal to the difference
24 shall be made for the first 4 years of existence of the new
25 district.
26 (2) For a school district which annexes all of the
27 territory of one or more entire other school districts, for
28 the first year during which the change of boundaries
29 attributable to such annexation becomes effective for all
30 purposes as determined under Section 7-9 or 7A-8, the general
31 State aid and supplemental general State aid calculated under
32 this Section shall be computed for the annexing district as
33 constituted after the annexation and for the annexing and
34 each annexed district as constituted prior to the annexation;
HB0452 Enrolled -92- LRB9002549THcd
1 and if the computation on the basis of the annexing and
2 annexed districts as constituted prior to the annexation is
3 greater, a supplementary payment equal to the difference
4 shall be made for the first 4 years of existence of the
5 annexing school district as constituted upon such annexation.
6 (3) For 2 or more school districts which annex all of
7 the territory of one or more entire other school districts,
8 and for 2 or more community unit districts which result upon
9 the division (pursuant to petition under Section 11A-2) of
10 one or more other unit school districts into 2 or more parts
11 and which together include all of the parts into which such
12 other unit school district or districts are so divided, for
13 the first year during which the change of boundaries
14 attributable to such annexation or division becomes effective
15 for all purposes as determined under Section 7-9 or 11A-10,
16 as the case may be, the general State aid and supplemental
17 general State aid calculated under this Section shall be
18 computed for each annexing or resulting district as
19 constituted after the annexation or division and for each
20 annexing and annexed district, or for each resulting and
21 divided district, as constituted prior to the annexation or
22 division; and if the aggregate of the general State aid and
23 supplemental general State aid as so computed for the
24 annexing or resulting districts as constituted after the
25 annexation or division is less than the aggregate of the
26 general State aid and supplemental general State aid as so
27 computed for the annexing and annexed districts, or for the
28 resulting and divided districts, as constituted prior to the
29 annexation or division, then a supplementary payment equal to
30 the difference shall be made and allocated between or among
31 the annexing or resulting districts, as constituted upon such
32 annexation or division, for the first 4 years of their
33 existence. The total difference payment shall be allocated
34 between or among the annexing or resulting districts in the
HB0452 Enrolled -93- LRB9002549THcd
1 same ratio as the pupil enrollment from that portion of the
2 annexed or divided district or districts which is annexed to
3 or included in each such annexing or resulting district bears
4 to the total pupil enrollment from the entire annexed or
5 divided district or districts, as such pupil enrollment is
6 determined for the school year last ending prior to the date
7 when the change of boundaries attributable to the annexation
8 or division becomes effective for all purposes. The amount
9 of the total difference payment and the amount thereof to be
10 allocated to the annexing or resulting districts shall be
11 computed by the State Board of Education on the basis of
12 pupil enrollment and other data which shall be certified to
13 the State Board of Education, on forms which it shall provide
14 for that purpose, by the regional superintendent of schools
15 for each educational service region in which the annexing and
16 annexed districts, or resulting and divided districts are
17 located.
18 (4) Any supplementary payment made under this subsection
19 (I) shall be treated as separate from all other payments made
20 pursuant to this Section.
21 (J) Supplementary Grants in Aid.
22 (1) Notwithstanding any other provisions of this
23 Section, the amount of the aggregate general State aid in
24 combination with supplemental general State aid under this
25 Section for which each school district is eligible for the
26 1998-1999 school year shall be no less than the amount of the
27 aggregate general State aid entitlement that was received by
28 the district under Section 18-8 (exclusive of amounts
29 received under subsections 5(p) and 5(p-5) of that Section)
30 for the 1997-98 school year, pursuant to the provisions of
31 that Section as it was then in effect. If a school district
32 qualifies to receive a supplementary payment made under this
33 subsection (J) for the 1998-1999 school year, the amount of
34 the aggregate general State aid in combination with
HB0452 Enrolled -94- LRB9002549THcd
1 supplemental general State aid under this Section which that
2 district is eligible to receive for each school year
3 subsequent to the 1998-1999 school year shall be no less than
4 the amount of the aggregate general State aid entitlement
5 that was received by the district under Section 18-8
6 (exclusive of amounts received under subsections 5(p) and
7 5(p-5) of that Section) for the 1997-1998 school year,
8 pursuant to the provisions of that Section as it was then in
9 effect.
10 (2) If, as provided in paragraph (1) of this subsection
11 (J), a school district is to receive aggregate general State
12 aid in combination with supplemental general State aid under
13 this Section for the 1998-99 school year, or for the 1998-99
14 school year and any subsequent school year, that in any such
15 school year is less than the amount of the aggregate general
16 State aid entitlement that the district received for the
17 1997-98 school year, the school district shall also receive,
18 from a separate appropriation made for purposes of this
19 subsection (J), a supplementary payment that is equal to the
20 amount of the difference in the aggregate State aid figures
21 as described in paragraph (1).
22 (3) If the amount appropriated for supplementary
23 payments to school districts under this subsection (J) is
24 insufficient for that purpose, the supplementary payments
25 that districts are to receive under this subsection shall be
26 prorated according to the aggregate amount of the
27 appropriation made for purposes of this subsection.
28 (K) Grants to Laboratory and Alternative Schools.
29 In calculating the amount to be paid to the governing
30 board of a public university that operates a laboratory
31 school under this Section or to any alternative school that
32 is operated by a regional superintendent, the State Board of
33 Education shall require by rule such reporting requirements
34 as it deems necessary.
HB0452 Enrolled -95- LRB9002549THcd
1 As used in this Section, "laboratory school" means a
2 public school which is created and operated by a public
3 university and approved by the State Board of Education. The
4 governing board of a public university which receives funds
5 from the State Board under this subsection (K) may not
6 increase the number of students enrolled in its laboratory
7 school from a single district, if that district is already
8 sending 50 or more students, except under a mutual agreement
9 between the school board of a student's district of residence
10 and the university which operates the laboratory school. A
11 laboratory school may not have more than 1,000 students,
12 excluding students with disabilities in a special education
13 program.
14 As used in this Section, "alternative school" means a
15 public school which is created and operated by a Regional
16 Superintendent of Schools and approved by the State Board of
17 Education. Such alternative schools may offer courses of
18 instruction for which credit is given in regular school
19 programs, courses to prepare students for the high school
20 equivalency testing program or vocational and occupational
21 training.
22 Each laboratory and alternative school shall file, on
23 forms provided by the State Superintendent of Education, an
24 annual State aid claim which states the Average Daily
25 Attendance of the school's students by month. The best 3
26 months' Average Daily Attendance shall be computed for each
27 school. The general State aid entitlement shall be computed
28 by multiplying the applicable Average Daily Attendance by the
29 Foundation Level as determined under this Section.
30 (L) Payments, Additional Grants in Aid and Other
31 Requirements.
32 (1) For a school district operating under the financial
33 supervision of an Authority created under Article 34A, the
34 general State aid otherwise payable to that district under
HB0452 Enrolled -96- LRB9002549THcd
1 this Section, but not the supplemental general State aid,
2 shall be reduced by an amount equal to the budget for the
3 operations of the Authority as certified by the Authority to
4 the State Board of Education, and an amount equal to such
5 reduction shall be paid to the Authority created for such
6 district for its operating expenses in the manner provided in
7 Section 18-11. The remainder of general State school aid for
8 any such district shall be paid in accordance with Article
9 34A when that Article provides for a disposition other than
10 that provided by this Article.
11 (2) Impaction. Impaction payments shall be made as
12 provided for in Section 18-4.2.
13 (3) Summer school. Summer school payments shall be made
14 as provided in Section 18-4.3.
15 (M) Education Funding Advisory Board.
16 The Education Funding Advisory Board, hereinafter in this
17 subsection (M) referred to as the "Board", is hereby created.
18 The Board shall consist of 5 members who are appointed by the
19 Governor, by and with the advice and consent of the Senate.
20 The members appointed shall include representatives of
21 education, business, and the general public. One of the
22 members so appointed shall be designated by the Governor at
23 the time the appointment is made as the chairperson of the
24 Board. The initial members of the Board may be appointed any
25 time after the effective date of this amendatory Act of 1997.
26 The regular term of each member of the Board shall be for 4
27 years from the third Monday of January of the year in which
28 the term of the member's appointment is to commence, except
29 that of the 5 initial members appointed to serve on the
30 Board, the member who is appointed as the chairperson shall
31 serve for a term that commences on the date of his or her
32 appointment and expires on the third Monday of January, 2002,
33 and the remaining 4 members, by lots drawn at the first
34 meeting of the Board that is held after all 5 members are
HB0452 Enrolled -97- LRB9002549THcd
1 appointed, shall determine 2 of their number to serve for
2 terms that commence on the date of their respective
3 appointments and expire on the third Monday of January, 2001,
4 and 2 of their number to serve for terms that commence on the
5 date of their respective appointments and expire on the third
6 Monday of January, 2000. All members appointed to serve on
7 the Board shall serve until their respective successors are
8 appointed and confirmed. Vacancies shall be filled in the
9 same manner as original appointments. If a vacancy in
10 membership occurs at a time when the Senate is not in
11 session, the Governor shall make a temporary appointment
12 until the next meeting of the Senate, when he or she shall
13 appoint, by and with the advice and consent of the Senate, a
14 person to fill that membership for the unexpired term. If
15 the Senate is not in session when the initial appointments
16 are made, those appointments shall be made as in the case of
17 vacancies.
18 The Education Funding Advisory Board shall be deemed
19 established, and the initial members appointed by the
20 Governor to serve as members of the Board shall take office,
21 on the date that the Governor makes his or her appointment of
22 the fifth initial member of the Board, whether those initial
23 members are then serving pursuant to appointment and
24 confirmation or pursuant to temporary appointments that are
25 made by the Governor as in the case of vacancies.
26 The State Board of Education shall provide such staff
27 assistance to the Education Funding Advisory Board as is
28 reasonably required for the proper performance by the Board
29 of its responsibilities.
30 For school years after the 2000-2001 school year, the
31 Education Funding Advisory Board, in consultation with the
32 State Board of Education, shall make recommendations as
33 provided in this subsection (M) to the General Assembly for
34 the foundation level under subdivision (B)(3) of this Section
HB0452 Enrolled -98- LRB9002549THcd
1 and for the supplemental general State aid grant level under
2 subsection (H) of this Section for districts with high
3 concentrations of children from poverty. The recommended
4 foundation level shall be determined based on a methodology
5 which incorporates the basic education expenditures of
6 low-spending schools exhibiting high academic performance.
7 The Education Funding Advisory Board shall make such
8 recommendations to the General Assembly on January 1 of odd
9 numbered years, beginning January 1, 2001.
10 (N) General State Aid Adjustment Grant.
11 (1) Any school district subject to property tax
12 extension limitations as imposed under the provisions of the
13 Property Tax Extension Limitation Law shall be entitled to
14 receive, subject to the qualifications and requirements of
15 this subsection, a general State aid adjustment grant.
16 Eligibility for this grant shall be determined on an annual
17 basis and claims for grant payments shall be paid subject to
18 appropriations made specific to this subsection. For
19 purposes of this subsection the following terms shall have
20 the following meanings:
21 "Budget Year": The school year for which general State
22 aid is calculated and awarded under subsection (E).
23 "Current Year": The school year immediately preceding
24 the Budget Year.
25 "Base Tax Year": The property tax levy year used to
26 calculate the Budget Year allocation of general State aid.
27 "Preceding Tax Year": The property tax levy year
28 immediately preceding the Base Tax Year.
29 "Extension Limitation Ratio": A numerical ratio,
30 certified by a school district's County Clerk, in which the
31 numerator is the Base Tax Year's tax extension amount
32 resulting from the Operating Tax Rate and the denominator is
33 the Preceding Tax Year's tax extension amount resulting from
34 the Operating Tax Rate.
HB0452 Enrolled -99- LRB9002549THcd
1 "Operating Tax Rate": The operating tax rate as defined
2 in subsection (A).
3 (2) To qualify for a general State aid adjustment grant,
4 a school district must meet all of the following eligibility
5 criteria for each Budget Year for which a grant is claimed:
6 (a) The Operating Tax Rate of the school district
7 in the Preceding Tax Year was at least 3.00% in the case
8 of a school district maintaining grades kindergarten
9 through 12, at least 2.30% in the case of a school
10 district maintaining grades kindergarten through 8, or at
11 least 1.41% in the case of a school district maintaining
12 grades 9 through 12.
13 (b) The Operating Tax Rate of the school district
14 for the Base Tax Year was reduced by the Clerk of the
15 County as a result of the requirements of the Property
16 Tax Extension Limitation Law.
17 (c) The Available Local Resources per pupil of the
18 school district as calculated pursuant to subsection (D)
19 using the Base Tax Year are less than the product of 1.75
20 times the Foundation Level for the Budget Year.
21 (d) The school district has filed a proper and
22 timely claim for a general State aid adjustment grant as
23 required under this subsection.
24 (3) A claim for grant assistance under this subsection
25 shall be filed with the State Board of Education on or before
26 January 1 of the Current Year for a grant for the Budget
27 Year. The claim shall be made on forms prescribed by the
28 State Board of Education and must be accompanied by a written
29 statement from the Clerk of the County, certifying:
30 (a) That the school district has its extension for
31 the Base Tax Year reduced as a result of the Property Tax
32 Extension Limitation Law.
33 (b) That the Operating Tax Rate of the school
34 district for the Preceding Tax Year met the tax rate
HB0452 Enrolled -100- LRB9002549THcd
1 requirements of subdivision (N)(2) of this Section.
2 (c) The Extension Limitation Ratio as that term is
3 defined in this subsection.
4 (4) On or before August 1 of the Budget Year the State
5 Board of Education shall calculate, for all school districts
6 meeting the other requirements of this subsection, the amount
7 of the general State aid adjustment grant, if any, that the
8 school districts are eligible to receive in the Budget Year.
9 The amount of the general State aid adjustment grant shall be
10 calculated as follows:
11 (a) Determine the school district's general State
12 aid grant for the Budget Year as provided in accordance
13 with the provisions of subsection (E).
14 (b) Determine the school district's adjusted level
15 of general State aid by utilizing in the calculation of
16 Available Local Resources an equalized assessed valuation
17 that is the equalized assessed valuation of the Preceding
18 Tax Year multiplied by the Extension Limitation Ratio.
19 (c) Subtract the sum derived in subparagraph (a)
20 from the sum derived in subparagraph (b). If the result
21 is a positive number, that amount shall be the general
22 State aid adjustment grant that the district is eligible
23 to receive.
24 (5) The State Board of Education shall in the Current
25 Year, based upon claims filed in the Current Year, recommend
26 to the General Assembly an appropriation amount for the
27 general State aid adjustment grants to be made in the Budget
28 Year.
29 (6) Claims for general State aid adjustment grants shall
30 be paid in a lump sum on or before January 1 of the Budget
31 Year only from appropriations made by the General Assembly
32 expressly for claims under this subsection. No such claims
33 may be paid from amounts appropriated for any other purpose
34 provided for under this Section. In the event that the
HB0452 Enrolled -101- LRB9002549THcd
1 appropriation for claims under this subsection is
2 insufficient to meet all Budget Year claims for a general
3 State aid adjustment grant, the appropriation available shall
4 be proportionately prorated by the State Board of Education
5 amongst all districts filing for and entitled to payments.
6 (7) The State Board of Education shall promulgate the
7 required claim forms and rules necessary to implement the
8 provisions of this subsection.
9 (O) References.
10 (1) References in other laws to the various subdivisions
11 of Section 18-8 as that Section existed before its repeal and
12 replacement by this Section 18-8.05 shall be deemed to refer
13 to the corresponding provisions of this Section 18-8.05, to
14 the extent that those references remain applicable.
15 (2) References in other laws to State Chapter 1 funds
16 shall be deemed to refer to the supplemental general State
17 aid provided under subsection (H) of this Section.
18 (105 ILCS 5/18-8.2) (from Ch. 122, par. 18-8.2)
19 Sec. 18-8.2. Supplementary State aid for new and for
20 certain annexing districts.
21 (a) After the formation of a new district, a computation
22 shall be made to determine the difference between the
23 salaries effective in each of the previously existing
24 districts on June 30, prior to the creation of the new
25 district. For the first 4 3 years after the formation of the
26 new district or if the new district was formed after October
27 31, 1982 and prior to the effective date of this amendatory
28 Act of 1985, for the 3 years immediately following such
29 effective date, a supplementary State aid reimbursement shall
30 be paid to the new district equal to the difference between
31 the sum of the salaries earned by each of the certificated
32 members of the new district while employed in one of the
33 previously existing districts during the year immediately
HB0452 Enrolled -102- LRB9002549THcd
1 preceding the formation of the new district and the sum of
2 the salaries those certificated members would have been paid
3 during the year immediately prior to the formation of the new
4 district if placed on the salary schedule of the previously
5 existing district with the highest salary schedule.
6 (b) After the territory of one or more school districts
7 is annexed by one or more other school districts, or after
8 the division (pursuant to petition under Section 11A-2) of a
9 unit school district or districts into 2 or more parts which
10 all are included in 2 or more other community unit districts
11 resulting upon that division, a computation shall be made to
12 determine the difference between the salaries effective in
13 each such annexed or divided district and in the annexing or
14 resulting district or districts as they each were constituted
15 on June 30 preceding the date when the change of boundaries
16 attributable to such annexation or division became effective
17 for all purposes as determined under Section 7-9, 7A-8 or
18 11A-10. For the first 4 3 years after any such annexation or
19 division, a supplementary State aid reimbursement shall be
20 paid to each annexing or resulting district as constituted
21 after the annexation or division equal to the difference
22 between the sum of the salaries earned by each of the
23 certificated members of such annexing or resulting district
24 as constituted after the annexation or division while
25 employed in an annexed or annexing district, or in a divided
26 or resulting district, during the year immediately preceding
27 the annexation or division, and the sum of the salaries those
28 certificated members would have been paid during such
29 immediately preceding year if placed on the salary schedule
30 of whichever of such annexing or annexed districts, or
31 resulting or divided districts, had the highest salary
32 schedule during such immediately preceding year.
33 (c) Such supplementary State aid reimbursement shall be
34 treated as separate from all other payments made pursuant to
HB0452 Enrolled -103- LRB9002549THcd
1 Section 18-8 or 18-8.05. In the case of the formation of a
2 new district, reimbursement shall begin during the first year
3 of operation of the new district; and in the case of an
4 annexation of the territory of one or more school districts
5 by one or more other school districts, or the division
6 (pursuant to petition under Section 11A-2) of a unit school
7 district or districts into 2 or more parts which all are
8 included in 2 or more other community unit districts
9 resulting upon that division, reimbursement shall begin
10 during the first year when the change in boundaries
11 attributable to such annexation or division becomes effective
12 for all purposes as determined pursuant to Section 7-9, 7A-8
13 or 11A-10. Each year any such new, annexing or resulting
14 district, as the case may be, is entitled to receive
15 reimbursement, the number of eligible certified members who
16 are employed on October 1 in any such district shall be
17 certified to the State Board of Education on prescribed forms
18 by October 15 and payment shall be made on or before November
19 15 of that year.
20 (d) If a unit school district annexes all the territory
21 of another unit school district effective for all purposes
22 pursuant to Section 7-9 on July 1, 1988, and if part of the
23 annexed territory is detached within 90 days after July 1,
24 1988, then the detachment shall be disregarded in computing
25 the supplementary State aid reimbursements under this Section
26 for the entire 3 year period and the supplementary State aid
27 reimbursements shall not be diminished because of the
28 detachment.
29 (e) The changes made by this amendatory Act of 1989 are
30 intended to be retroactive and applicable to any annexation
31 taking effect after August 1, 1987.
32 (Source: P.A. 86-13; 86-1334.)
33 (105 ILCS 5/21-0.01 new)
HB0452 Enrolled -104- LRB9002549THcd
1 Sec. 21-0.01. Powers after January 1, 1998. Beginning on
2 January 1, 1998 and thereafter, the State Board of Education,
3 in consultation with the State Teacher Certification Board,
4 shall have the power and authority to do all of the
5 following:
6 (1) set standards for teaching, supervising, or
7 holding other certificated employment in the public
8 schools, and administer the certification process as
9 provided in this Article; provided, however, that the
10 State Teacher Certification Board shall be solely
11 responsible for the renewal of Standard Teaching
12 Certificates as provided in Section 21-2;
13 (2) approve and evaluate teacher and administrator
14 preparation programs;
15 (3) enter into agreements with other states
16 relative to reciprocal approval of teacher and
17 administrator preparation programs;
18 (4) establish standards for the issuance of new
19 types of certificates; and
20 (5) take such other action relating to the
21 improvement of instruction in the public schools through
22 teacher education and professional development and that
23 attracts qualified candidates into teacher training
24 programs as is appropriate and consistent with applicable
25 laws.
26 (105 ILCS 5/21-1a) (from Ch. 122, par. 21-1a)
27 Sec. 21-1a. Tests required for certification.
28 (a) After July 1, 1988, in addition to all other
29 requirements, early childhood, elementary, special, high
30 school, school service personnel, or, except as provided in
31 Section 34-6, administrative certificates shall be issued to
32 persons who have satisfactorily passed a test of basic skills
33 and subject matter knowledge. The tests of basic skills and
HB0452 Enrolled -105- LRB9002549THcd
1 subject matter knowledge shall be the tests which from time
2 to time are designated by the State Board of Education in
3 consultation with the State Teacher Certification Board and
4 may be tests prepared by an educational testing organization
5 or tests designed by the State Board of Education in
6 consultation with the State Teacher Certification Board. The
7 areas to be covered by the test of basic skills shall include
8 the basic skills of reading, writing, grammar and
9 mathematics. The test of subject matter knowledge shall
10 assess content knowledge in the specific subject field. The
11 tests shall be designed to be racially neutral to assure that
12 no person in taking the tests is thereby discriminated
13 against on the basis of race, color, national origin or other
14 factors unrelated to the person's ability to perform as a
15 certificated employee. The score required to pass the tests
16 of basic skills and subject matter knowledge shall be fixed
17 by the State Board of Education in consultation with the
18 State Teacher Certification Board. The tests shall be held
19 not fewer than 3 times a year at such time and place as may
20 be designated by the State Board of Education in consultation
21 with the State Teacher Certification Board.
22 (b) Except as provided in Section 34-6, the provisions
23 of subsection (a) of this Section shall apply equally in any
24 school district subject to Article 34, provided that the
25 State Board of Education shall determine which certificates
26 issued under Sections 34-8.1 and 34-83 prior to July 1, 1988
27 are comparable to any early childhood certificate, elementary
28 school certificate, special certificate, high school
29 certificate, school service personnel certificate or
30 administrative certificate issued under this Article as of
31 July 1, 1988.
32 (c) A person who holds an early childhood, elementary,
33 special, high school or school service personnel certificate
34 issued under this Article on or at any time before July 1,
HB0452 Enrolled -106- LRB9002549THcd
1 1988, including a person who has been issued any such
2 certificate pursuant to Section 21-11.1 or in exchange for a
3 comparable certificate theretofore issued under Section
4 34-8.1 or Section 34-83, shall not be required to take or
5 pass the tests in order to thereafter have such certificate
6 renewed.
7 (d) The State Board of Education in consultation with
8 the State Teacher Certification Board shall conduct a pilot
9 administration of the tests by administering the test to
10 students completing teacher education programs in the 1986-87
11 school year for the purpose of determining the effect and
12 impact of testing candidates for certification.
13 (e) The rules and regulations developed to implement the
14 required test of basic skills and subject matter knowledge
15 shall include the requirements of subsections (a), (b), and
16 (c) and shall include specific regulations to govern test
17 selection; test validation and determination of a passing
18 score; administration of the tests; frequency of
19 administration; applicant fees; frequency of applicants'
20 taking the tests; the years for which a score is valid; and,
21 waiving certain additional tests for additional certificates
22 to individuals who have satisfactorily passed the test of
23 basic skills and subject matter knowledge as required in
24 subsection (a). The State Board of Education shall provide,
25 by rule, specific policies that assure uniformity in the
26 difficulty level of each form of the basic skills test and
27 each subject matter knowledge test from test-to-test and
28 year-to-year. The State Board of Education shall also set a
29 passing score for the tests.
30 (f) The State Teacher Certification Board may issue a
31 nonrenewable temporary certificate between July 1, 1988 and
32 August 31, 1988 to individuals who have taken the tests of
33 basic skills and subject matter knowledge prescribed by this
34 Section but have not received such test scores by August 31,
HB0452 Enrolled -107- LRB9002549THcd
1 1988. Such temporary certificates shall expire on December
2 31, 1988.
3 (g) Beginning January 1, 1999, the State Board of
4 Education, in consultation with the State Teacher
5 Certification Board, shall implement and administer a new
6 system of certification for teachers in the State of
7 Illinois. The State Board of Education, in consultation with
8 the State Teacher Certification Board, shall design and
9 implement a system of examinations and various other criteria
10 which shall be required prior to the issuance of Initial
11 Teaching Certificates and Standard Teaching Certificates.
12 These examinations and indicators shall be based on national
13 professional teaching standards, as determined by the State
14 Board of Education, in consultation with the State Teacher
15 Certification Board. The State Board of Education may adopt
16 any and all regulations necessary to implement and administer
17 this Section.
18 (h) The State Board of Education shall report to the
19 Illinois General Assembly and the Governor with
20 recommendations for further changes and improvements to the
21 teacher certification system no later than January 1, 1999
22 and on an annual basis until January 1, 2001.
23 (Source: P.A. 86-361; 86-734; 86-1028; 86-1471; 86-1488;
24 87-242.)
25 (105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
26 Sec. 21-2. Grades of certificates.
27 (a) Until January 1, 1999, all certificates issued under
28 this Article shall be State certificates valid, except as
29 limited in Section 21-1, in every school district coming
30 under the provisions of this Act and shall be limited in time
31 and designated as follows: Provisional vocational
32 certificate, temporary provisional vocational certificate,
33 early childhood certificate, elementary school certificate,
HB0452 Enrolled -108- LRB9002549THcd
1 special certificate, high school certificate, school service
2 personnel certificate, administrative certificate,
3 provisional certificate, and substitute certificate. The
4 requirement of student teaching under close and competent
5 supervision for obtaining a teaching certificate may be
6 waived by the State Teacher Certification Board upon
7 presentation to the Board by the teacher of evidence of 5
8 years successful teaching experience on a valid certificate
9 and graduation from a recognized institution of higher
10 learning with a bachelor's degree with not less than 120
11 semester hours and a minimum of 16 semester hours in
12 professional education.
13 (b) Initial Teaching Certificate. Beginning January 1,
14 1999, persons who (1) have completed an approved teacher
15 preparation program, (2) are recommended by an approved
16 teacher preparation program, (3) have successfully completed
17 the Initial Teaching Certification examinations required by
18 the State Board of Education, and (4) have met all other
19 criteria established by the State Board of Education in
20 consultation with the State Teacher Certification Board,
21 shall be issued an Initial Teaching Certificate valid for 4
22 years. Initial Teaching Certificates shall be issued for
23 categories corresponding to Early Childhood Education,
24 Elementary Education, and Secondary Education, with special
25 certification designations for Special Education, Bilingual
26 Education, fundamental learning areas (including Language
27 Arts, Reading, Mathematics, Science, Social Science, Physical
28 Development and Health, Fine Arts, and Foreign Language), and
29 other areas designated by the State Board of Education, in
30 consultation with the State Teacher Certification Board.
31 (c) Standard Certificate. Beginning January 1, 1999,
32 persons who (1) have completed 4 years of teaching with an
33 Initial Certificate, have successfully completed the Standard
34 Teaching Certificate examinations, and have met all other
HB0452 Enrolled -109- LRB9002549THcd
1 criteria established by the State Board of Education in
2 consultation with the State Teacher Certification Board, or
3 (2) were issued teaching certificates prior to January 1,
4 1999 and are renewing those certificates after January 1,
5 1999, shall be issued a Standard Certificate valid for 5
6 years, which may be renewed thereafter every 5 years by the
7 State Teacher Certification Board based on proof of
8 continuing education or professional development. Standard
9 Certificates shall be issued for categories corresponding to
10 Early Childhood Education, Elementary Education, and
11 Secondary Education, with special certification designations
12 for Special Education, Bilingual Education, fundamental
13 learning areas (including Language Arts, Reading,
14 Mathematics, Science, Social Science, Physical Development
15 and Health, Fine Arts, and Foreign Language), and other areas
16 designated by the State Board of Education, in consultation
17 with the State Teacher Certification Board.
18 (d) Master Certificate. Beginning January 1, 1999,
19 persons who have successfully achieved National Board
20 certification through the National Board for Professional
21 Teaching Standards shall be issued a Master Certificate,
22 valid for 7 years and renewable thereafter every 7 years
23 through compliance with requirements set forth by the State
24 Board of Education.
25 (Source: P.A. 88-92.)
26 (105 ILCS 5/21-2.1) (from Ch. 122, par. 21-2.1)
27 Sec. 21-2.1. Early childhood certificate.
28 (a) An early childhood certificate shall be valid for 4
29 years for teaching children up to 6 years of age, exclusive
30 of children enrolled in kindergarten, in facilities approved
31 by the State Superintendent of Education. Beginning July 1,
32 1988, such certificate shall be valid for 4 years for
33 Teaching children through grade 3 in facilities approved by
HB0452 Enrolled -110- LRB9002549THcd
1 the State Superintendent of Education. Subject to the
2 provisions of Section 21-1a, it shall be issued to persons
3 who have graduated from a recognized institution of higher
4 learning with a bachelor's degree and with not fewer than 120
5 semester hours including professional education or human
6 development or, until July 1, 1992, to persons who have early
7 childhood education instruction and practical experience
8 involving supervised work with children under 6 years of age
9 or with children through grade 3. Such persons shall be
10 recommended for the early childhood certificate by a
11 recognized institution as having completed an approved
12 program of preparation which includes the requisite hours and
13 academic and professional courses and practical experience
14 approved by the State Superintendent of Education in
15 consultation with the State Teacher Certification Board.
16 (b) Beginning January 1, 1999, Initial and Standard
17 Early Childhood Education Certificates shall be issued to
18 persons who meet the criteria established by the State Board
19 of Education.
20 (Source: P.A. 85-1389.)
21 (105 ILCS 5/21-2a) (from Ch. 122, par. 21-2a)
22 Sec. 21-2a. Required curriculum for all teachers. After
23 September 1, 1981 and until January 1, 1999, in addition to
24 all other requirements, the successful completion of course
25 work which includes instruction on the psychology of the
26 exceptional child, the identification of the exceptional
27 child, including, but not limited to the learning disabled
28 and methods of instruction for the exceptional child,
29 including, but not limited to the learning disabled shall be
30 a prerequisite to a person receiving any of the following
31 certificates:; early childhood, elementary, special and high
32 school.
33 (Source: P.A. 81-1082.)
HB0452 Enrolled -111- LRB9002549THcd
1 (105 ILCS 5/21-3) (from Ch. 122, par. 21-3)
2 Sec. 21-3. Elementary certificate.
3 (a) An elementary school certificate shall be valid for
4 4 years for teaching in the kindergarten and lower 9 grades
5 of the common schools. Subject to the provisions of Section
6 21-1a, it shall be issued to persons who have graduated from
7 a recognized institution of higher learning with a bachelor's
8 degree and with not fewer than 120 semester hours and with a
9 minimum of 16 semester hours in professional education,
10 including 5 semester hours in student teaching under
11 competent and close supervision. Such persons shall be
12 recommended for the elementary certificate by a recognized
13 institution as having completed an approved program of
14 preparation which includes intensive preservice training in
15 the humanities, natural sciences, mathematics and the
16 academic and professional courses approved by the State
17 Superintendent of Education in consultation with the State
18 Teacher Certification Board.
19 (b) Beginning January 1, 1999, Initial and Standard
20 Elementary Certificates shall be issued to persons who meet
21 all of the criteria established by the State Board of
22 Education for elementary education.
23 (Source: P.A. 84-126.)
24 (105 ILCS 5/21-4) (from Ch. 122, par. 21-4)
25 Sec. 21-4. Special certificate.
26 (a) A special certificate shall be valid for 4 years for
27 teaching the special subjects named therein in all grades of
28 the common schools. Subject to the provisions of Section
29 21-1a, it shall be issued to persons who have graduated from
30 a recognized institution of higher learning with a bachelor's
31 degree and with not fewer than 120 semester hours including a
32 minimum of 16 semester hours in professional education, 5 of
33 which shall be in student teaching under competent and close
HB0452 Enrolled -112- LRB9002549THcd
1 supervision. When the holder of such certificate has earned a
2 master's degree, including eight semester hours of graduate
3 professional education from a recognized institution of
4 higher learning and with two years' teaching experience, it
5 may be endorsed for supervision.
6 Such persons shall be recommended for the special
7 certificate by a recognized institution as having completed
8 an approved program of preparation which includes academic
9 and professional courses approved by the State Superintendent
10 of Education in consultation with the State Teacher
11 Certification Board.
12 (b) Beginning January 1, 1999, special certification
13 designations shall be issued for Special Education, Bilingual
14 Education, fundamental learning areas (Language Arts,
15 Reading, Mathematics, Science, Social Science, Physical
16 Development and Health, Fine Arts, and Foreign Language), and
17 other areas designated by the State Board of Education, to
18 persons who meet all of the criteria established by the State
19 Board of Education, in consultation with the State Teacher
20 Certification Board.
21 (Source: P.A. 84-126.)
22 (105 ILCS 5/21-5) (from Ch. 122, par. 21-5)
23 Sec. 21-5. High school certificate.
24 (a) A high school certificate shall be valid for 4 years
25 for teaching in grades 6 to 12 inclusive of the common
26 schools. Subject to the provisions of Section 21-1a, it shall
27 be issued to persons who have graduated from a recognized
28 institution of higher learning with a bachelor's degree and
29 with not fewer than 120 semester hours including 16 semester
30 hours in professional education, 5 of which shall be in
31 student teaching under competent and close supervision and
32 with one or more teaching fields. Such persons shall be
33 recommended for the high school certificate by a recognized
HB0452 Enrolled -113- LRB9002549THcd
1 institution as having completed an approved program of
2 preparation which includes the academic and professional
3 courses approved by the State Superintendent of Education in
4 consultation with the State Teacher Certification Board.
5 (b) Beginning January 1, 1999, Initial and Standard
6 Secondary Certificates shall be issued to persons who meet
7 all of the criteria established by the State Board of
8 Education for secondary education.
9 (Source: P.A. 84-126.)
10 (105 ILCS 5/21-5a) (from Ch. 122, par. 21-5a)
11 Sec. 21-5a. Alternative math-science certification. The
12 State Board of Education, in consultation with the State
13 Teacher Certification Board, shall establish and implement an
14 alternative certification program under which persons who
15 qualify for admission to, and who successfully complete the
16 program and meet the additional requirements established by
17 this Section shall be issued an initial alternative teaching
18 certificate for teaching mathematics, science or mathematics
19 and science in grades 9 through 12 of the common schools. In
20 establishing an alternative certification program under this
21 Section, the State Board of Education shall designate an
22 appropriate area within the State where the program shall be
23 offered and made available to persons qualified for admission
24 to the program. In addition, the State Board of Education,
25 in cooperation with one or more recognized institutions of
26 higher learning, shall develop a comprehensive course of
27 study that persons admitted to the program must successfully
28 complete in order to satisfy one criterion for issuance of an
29 initial alternative certificate under this Section. The
30 comprehensive course of study so developed shall include one
31 semester of practice teaching.
32 An initial alternative teaching certificate, valid for 4
33 years for teaching mathematics, science or mathematics and
HB0452 Enrolled -114- LRB9002549THcd
1 science in grades 9 through 12 of the common schools and
2 renewable as provided in Section 21-14, shall be issued under
3 this Section 21-5a to persons who qualify for admission to
4 the alternative certification program and who at the time of
5 applying for an initial alternative teaching certificate
6 under this Section:
7 (1) have graduated with a master's degree in
8 mathematics or any science discipline from an institution
9 of higher learning whose scholarship standards are
10 approved by the State Board of Education for purposes of
11 the alternative certification program;
12 (2) have been employed for at least 10 years in an
13 area requiring knowledge and practical application of
14 their academic background in mathematics or a science
15 discipline;
16 (3) have successfully completed the alternative
17 certification program and the course of comprehensive
18 study, including one semester of practice teaching,
19 developed as part of the program as provided in this
20 Section and approved by the State Board of Education; and
21 (4) have passed the examinations required by test
22 of basic skills and subject matter knowledge required by
23 Section 21-1a.
24 The alternative certification program shall be
25 implemented at the commencement of the 1992-1993 academic
26 year.
27 The State Board of Education shall establish criteria for
28 admission to the alternative certification program and shall
29 adopt rules and regulations that are consistent with this
30 Section and that the State Board of Education deems necessary
31 to establish and implement the program.
32 (Source: P.A. 87-446.)
33 (105 ILCS 5/21-5c new)
HB0452 Enrolled -115- LRB9002549THcd
1 Sec. 21-5c. Alternative route to teacher certification.
2 The State Board of Education, in consultation with the State
3 Teacher Certification Board, shall establish and implement an
4 alternative route to teacher certification program under
5 which persons who meet the requirements of and successfully
6 complete the program established by this Section shall be
7 issued an initial teaching certificate for teaching in
8 schools in this State. The State Board of Education shall
9 approve a course of study that persons in the program must
10 successfully complete in order to satisfy one criterion for
11 issuance of a certificate under this Section. The
12 Alternative Route to Teacher Certification program course of
13 study must include the current content and skills contained
14 in a university's current courses for State certification
15 which have been approved by the State Board of Education, in
16 consultation with the State Teacher Certification Board, as
17 the requirement for State teacher certification.
18 The program established under this Section shall be known
19 as the Alternative Route to Teacher Certification program.
20 The program may be offered in conjunction with one or more
21 not-for-profit organizations in the State. The program shall
22 be comprised of the following 3 phases: (a) a course of study
23 offered on an intensive basis in education theory,
24 instructional methods, and practice teaching; (b) the
25 person's assignment to a full-time teaching position for one
26 school year, including the designation of a mentor teacher to
27 advise and assist the person with that teaching assignment;
28 and (c) a comprehensive assessment of the person's teaching
29 performance by school officials and program participants and
30 a recommendation by the institution of higher education to
31 the State Board of Education that the person be issued an
32 initial teaching certificate. Successful completion of the
33 Alternative Route to Teacher Certification program shall be
34 deemed to satisfy any other practice or student teaching and
HB0452 Enrolled -116- LRB9002549THcd
1 subject matter requirements established by law.
2 A provisional alternative teaching certificate, valid for
3 one year of teaching in the common schools and not renewable,
4 shall be issued under this Section 21-5c to persons who at
5 the time of applying for the provisional alternative teaching
6 certificate under this Section:
7 (1) have graduated from an accredited college or
8 university with a bachelor's degree;
9 (2) have been employed for a period of at least 5
10 years in an area requiring application of the
11 individual's education;
12 (3) have successfully completed the first phase of
13 the Alternative Teacher Certification program as provided
14 in this Section; and
15 (4) have passed the tests of basic skills and
16 subject matter knowledge required by Section 21-1a.
17 An initial teaching certificate, valid for teaching in
18 the common schools, shall be issued under Section 21-3 or
19 21-5 to persons who first complete the requirements for the
20 provisional alternative teaching certificate and who at the
21 time of applying for an initial teaching certificate have
22 successfully completed the second and third phases of the
23 Alternative Route to Teacher Certification program as
24 provided in this Section.
25 A person possessing a provisional alternative certificate
26 or an initial teaching certificate earned under this Section
27 shall be treated as a regularly certified teacher for
28 purposes of compensation, benefits, and other terms and
29 conditions of employment afforded teachers in the school who
30 are members of a bargaining unit represented by an exclusive
31 bargaining representative, if any.
32 The State Board of Education may adopt rules and
33 regulations that are consistent with this Section and that
34 the State Board deems necessary to establish and implement
HB0452 Enrolled -117- LRB9002549THcd
1 the program.
2 (105 ILCS 5/21-5d new)
3 Sec. 21-5d. Alternative route to administrative
4 certification. The State Board of Education, in consultation
5 with the State Teacher Certification Board and an advisory
6 panel consisting of no less than 7 administrators appointed
7 by the State Superintendent of Education, shall establish and
8 implement an alternative route to administrative
9 certification program under which persons who meet the
10 requirements of and successfully complete the program
11 established by this Section shall be issued a standard
12 administrative certificate for serving as an administrator in
13 schools in this State. For the purposes of this Section
14 only, "administrator" means a person holding any
15 administrative position for which a standard administrative
16 certificate with a general administrative endorsement, chief
17 school business official endorsement, or superintendent
18 endorsement is required, except a principal or an assistant
19 principal. The State Board of Education shall approve a
20 course of study that persons in the program must successfully
21 complete in order to satisfy one criterion for issuance of a
22 certificate under this Section. The Alternative Route to
23 Administrative Certification program course of study must
24 include the current content and skills contained in a
25 university's current courses for State certification which
26 have been approved by the State Board of Education, in
27 consultation with the State Teacher Certification Board, as
28 the requirement for administrative certification.
29 The program established under this Section shall be known
30 as the Alternative Route to Administrative Certification
31 program. The program shall be comprised of the following 3
32 phases: (a) a course of study offered on an intensive basis
33 in education management, governance, organization, and
HB0452 Enrolled -118- LRB9002549THcd
1 planning; (b) the person's assignment to a full-time position
2 for one school year as an administrator; and (c) a
3 comprehensive assessment of the person's performance by
4 school officials and a recommendation to the State Board of
5 Education that the person be issued a standard administrative
6 certificate. Successful completion of the Alternative Route
7 to Administrative Certification program shall be deemed to
8 satisfy any other supervisory, administrative, or management
9 experience requirements established by law.
10 A provisional alternative administrative certificate,
11 valid for one year of serving as an administrator in the
12 common schools and not renewable, shall be issued under this
13 Section 21-5d to persons who at the time of applying for the
14 provisional alternative administrative certificate under this
15 Section:
16 (1) have graduated from an accredited college or
17 university with a master's degree in a management field
18 or with a bachelor's degree and the life experience
19 equivalent of a master's degree in a management field as
20 determined by the State Board of Education;
21 (2) have been employed for a period of at least 5
22 years in a management level position;
23 (3) have successfully completed the first phase of
24 the Alternative Route to Administrative Certification
25 program as provided in this Section; and
26 (4) have passed any examination required by the
27 State Board of Education.
28 A standard administrative certificate with a general
29 administrative endorsement, chief school business official
30 endorsement, or superintendent endorsement, renewable as
31 provided in Section 21-14, shall be issued under Section
32 21-7.1 to persons who first complete the requirements for the
33 provisional alternative administrative certificate and who at
34 the time of applying for a standard administrative
HB0452 Enrolled -119- LRB9002549THcd
1 certificate have successfully completed the second and third
2 phases of the Alternative Route to Administrative
3 Certification program as provided in this Section.
4 The State Board of Education may adopt rules and
5 regulations that are consistent with this Section and that
6 the State Board deems necessary to establish and implement
7 the program.
8 (105 ILCS 5/21-10) (from Ch. 122, par. 21-10)
9 Sec. 21-10. Provisional certificate.
10 (A) Until July 1, 1972, the State Teacher Certification
11 Board may issue a provisional certificate valid for teaching
12 in elementary, high school or special subject fields subject
13 to the following conditions:
14 A provisional certificate may be issued to a person who
15 presents certified evidence of having earned a bachelor's
16 degree from a recognized institution of higher learning. The
17 academic and professional courses offered as a basis of the
18 provisional certificate shall be courses approved by the
19 State Board of Education in consultation with the State
20 Teacher Certification Board.
21 A certificate earned under this plan may be renewed at
22 the end of each two-year period upon evidence filed with the
23 State Teacher Certification Board that the holder has earned
24 8 semester hours of credit within the period; provided the
25 requirements for the certificate of the same type issued for
26 the teaching position for which the teacher is employed shall
27 be met by the end of the second renewal period. A second
28 provisional certificate shall not be issued. The credits so
29 earned must be approved by the State Board of Education in
30 consultation with the State Teacher Certification Board and
31 must meet the general pattern for a similar type of
32 certificate issued on the basis of credit. No more than 4
33 semester hours shall be chosen from elective subjects.
HB0452 Enrolled -120- LRB9002549THcd
1 (B) After July 1, 1972, the State Teacher Certification
2 Board may issue a provisional certificate valid for teaching
3 in early childhood, elementary, high school or special
4 subject fields, or for providing service as school service
5 personnel or for administering schools subject to the
6 following conditions: A provisional certificate may be issued
7 to a person who meets the requirements for a regular
8 teaching, school service personnel or administrative
9 certificate in another State and who presents certified
10 evidence of having earned a bachelor's degree from a
11 recognized institution of higher learning. The academic and
12 professional courses offered as a basis of the provisional
13 certificate shall be courses approved by the State Board of
14 Education in consultation with the State Teacher
15 Certification Board. A certificate earned under this plan is
16 valid for a period of 2 years and shall not be renewed;
17 however, the individual to whom this certificate is issued
18 shall have passed or shall pass the examinations set forth by
19 the State Board of Education basic skills test and subject
20 matter knowledge test or tests within 9 months of the date of
21 issuance of the provisional certificate. Failure to pass the
22 tests, required in Section 21-1a, shall result in the
23 cancellation of the provisional certificate.
24 (C) The State Teacher Certification Board may also issue
25 a provisional vocational certificate and a temporary
26 provisional vocational certificate.
27 (1) The requirements for a provisional vocational
28 certificate shall be determined by the State Board of
29 Education in consultation with the State Teacher Board;
30 provided, the following minimum requirements are met: (a)
31 after July 1, 1972, at least 30 semester hours of credit
32 from a recognized institution of higher learning; and (b)
33 after July 1, 1974, at least 60 semester hours of credit
34 from a recognized institution of higher learning.
HB0452 Enrolled -121- LRB9002549THcd
1 (2) The requirements for a temporary provisional
2 vocational certificate shall be determined by the State
3 Board of Education in consultation with the State Teacher
4 Certification Board; provided, the following minimum
5 requirements are met: (a) after July 1, 1973, at least
6 4,000 hours of work experience in the skill to be
7 certified for teaching; and (b) after July 1, 1975, at
8 least 8,000 hours of work experience in the skill to be
9 certified for teaching. Any certificate issued under the
10 provisions of this paragraph shall expire on June 30
11 following the date of issue. Renewals may be granted on
12 a yearly basis, but shall not be granted to any person
13 who does not file with the State Teacher Certification
14 Board a transcript showing at least 3 semester hours of
15 credit earned during the previous year in a recognized
16 institution of learning. No such certificate shall be
17 issued except upon certification by the employing board,
18 subject to the approval of the regional superintendent of
19 schools, that no qualified teacher holding a regular
20 certificate or a provisional vocational certificate is
21 available and that actual circumstances and need require
22 such issuance.
23 The courses or work experience offered as a basis for the
24 issuance of the provisional vocational certificate or the
25 temporary provisional vocational certificate shall be
26 approved by the State Board of Education in consultation with
27 the State Teacher Certification Board.
28 (D) Until July 1, 1972, the State Teacher Certification
29 Board may also issue a provisional foreign language
30 certificate valid for 4 years for teaching the foreign
31 language named therein in all grades of the common schools
32 and shall be issued to persons who have graduated from a
33 recognized institution of higher learning with not fewer than
34 120 semester hours of credit and who have met other
HB0452 Enrolled -122- LRB9002549THcd
1 requirements as determined by the State Board of Education in
2 consultation with the State Teacher Certification Board. If
3 the holder of a provisional foreign language certificate is
4 not a citizen of the United States within 6 years of the date
5 of issuance of the original certificate, such certificate
6 shall be suspended by the regional superintendent of schools
7 of the region in which the holder is engaged to teach and
8 shall not be reinstated until the holder is a citizen of the
9 United States.
10 (E) Notwithstanding anything in this Act to the
11 contrary, the State Teacher Certification Board shall issue
12 part-time provisional certificates to eligible individuals
13 who are professionals and craftsmen.
14 The requirements for a part-time provisional teachers
15 certificate shall be determined by the State Board of
16 Education in consultation with the State Teacher
17 Certification Board, provided the following minimum
18 requirements are met: 60 semester hours of credit from a
19 recognized institution of higher learning or 4000 hours of
20 work experience in the skill to be certified for teaching.
21 A part-time provisional certificate may be issued for
22 teaching no more than 2 courses of study for grades 6 through
23 12.
24 A part-time provisional teachers certificate shall be
25 valid for 2 years and may be renewed at the end of each 2
26 year period.
27 (Source: P.A. 88-204.)
28 (105 ILCS 5/21-11.1) (from Ch. 122, par. 21-11.1)
29 Sec. 21-11.1. Certificates for equivalent
30 qualifications. An applicant who holds or is eligible to hold
31 a teacher's certificate or license under the laws of another
32 state or territory of the United States may be granted a
33 corresponding teacher's certificate in Illinois on the
HB0452 Enrolled -123- LRB9002549THcd
1 written authorization of the State Board of Education and the
2 State Teacher Certification Board upon the following
3 conditions:
4 (1) That the applicant is at least 19 years of age,
5 is of good character, good health and a citizen of the
6 United States; and
7 (2) That the requirements for a similar teacher's
8 certificate in the particular state or territory were, at
9 the date of issuance of the certificate, substantially
10 equal to the requirements in force at the time the
11 application is made for the certificate in this State.
12 After January 1, 1988, in addition to satisfying the
13 foregoing conditions and requirements, an applicant for a
14 corresponding teaching certificate in Illinois also shall be
15 required to pass the examinations test of basic skills and
16 subject matter knowledge required under the provisions of
17 Section 21-1a as directed by the State Board of Education.
18 In determining good character under this Section, any
19 felony conviction of the applicant may be taken into
20 consideration, but the conviction shall not operate as a bar
21 to registration.
22 The State Board of Education in consultation with the
23 State Teacher Certification Board shall prescribe rules and
24 regulations establishing the similarity of certificates in
25 other states and the standards for determining the
26 equivalence of requirements.
27 (Source: P.A. 87-242.)
28 (105 ILCS 5/21-11.3) (from Ch. 122, par. 21-11.3)
29 Sec. 21-11.3. Resident teacher certificate. A resident
30 teacher certificate shall be valid for 2 years for employment
31 as a resident teacher in a public school. It shall be issued
32 only to persons who have graduated from a recognized
33 institution of higher education with a bachelor's degree, who
HB0452 Enrolled -124- LRB9002549THcd
1 are enrolled in a program of preparation approved by the
2 State Superintendent of Education in consultation with the
3 State Teacher Certification Board, and who have passed the
4 appropriate tests as required in test of basic skills
5 required by Section 21-1a and as determined by the State
6 Board of Education. A resident teacher certificate may be
7 issued for teaching children through grade 3 or for grades
8 K-9, 6-12, or K-12 in a special subject area and may not be
9 renewed. A resident teacher may teach only in conjunction
10 with and under the direction of a certified teacher and shall
11 not teach in place of a certified teacher.
12 (Source: P.A. 87-222.)
13 (105 ILCS 5/21-11.4)
14 Sec. 21-11.4. Illinois Teacher Corps.
15 (a) The General Assembly finds and determines that (i)
16 it is important to encourage the entry of qualified
17 professionals into elementary and secondary teaching as a
18 second career; and (ii) there are a number of individuals who
19 have bachelors' degrees, experience in the work force, and an
20 interest in serving youth that creates a special talent pool
21 with great potential for enriching the lives of Illinois
22 children as teachers. To provide this talent pool with the
23 opportunity to serve children as teachers, school districts,
24 colleges, and universities are encouraged, as part of the
25 public policy of this State, to enter into collaborative
26 programs to educate and induct these non-traditional
27 candidates into the teaching profession. To facilitate the
28 certification of such candidates, the State Board of
29 Education, in consultation with the State Teacher
30 Certification Board, shall assist institutions of higher
31 education and school districts with the implementation of the
32 Illinois Teacher Corps.
33 (b) Individuals who wish to become candidates for the
HB0452 Enrolled -125- LRB9002549THcd
1 Illinois Teacher Corps program must earn a resident teacher
2 certificate as defined in Section 21-11.3, including:
3 (1) graduation from a recognized institution of
4 higher education with a bachelor's degree and at least a
5 3.00 out of a 4.00 grade point average;
6 (2) a minimum of 5 years of professional experience
7 in the area the candidate wishes to teach;
8 (3) passing the examinations required by the State
9 Board of Education test of basic skills and subject
10 matter required by Section 21-1a;
11 (4) enrollment in a Masters of Education Degree
12 program approved by the State Superintendent of Education
13 in consultation with the State Teacher Certification
14 Board; and
15 (5) completion of a 6 week summer intensive teacher
16 preparation course which is the first component of the
17 Masters Degree program.
18 (c) School districts may hire an Illinois Teacher Corps
19 candidate after the candidate has received his or her
20 resident teacher certificate. The school district has the
21 responsibility of ensuring that the candidates receive the
22 supports necessary to become qualified, competent and
23 productive teachers. To be eligible to participate in the
24 Illinois Teacher Corps program, school districts must provide
25 a minimum of the following supports to the candidates:
26 (1) a salary and benefits package as negotiated
27 through the teacher contracts;
28 (2) a mentor certified teacher who will provide
29 guidance to one or more candidates under a program
30 developed collaboratively by the school district and
31 university;
32 (3) at least quarterly evaluations performed of
33 each candidate jointly by the mentor teacher and the
34 principal of the school or the principal's designee; and
HB0452 Enrolled -126- LRB9002549THcd
1 (4) a written and signed document from the school
2 district outlining the support the district intends to
3 provide to the candidates, for approval by the State
4 Teacher Certification Board.
5 (d) Illinois institutions of higher education shall work
6 collaboratively with school districts and the State Teacher
7 Certification Board to academically prepare the candidates
8 for the teaching profession. To be eligible to participate,
9 the College or School of Education of a participating
10 Illinois institution of higher education must develop a
11 curriculum that provides, upon completion, a Masters Degree
12 in Education for the candidates. The Masters Degree program
13 must:
14 (1) receive approval from the State Teacher
15 Certification Board; and
16 (2) take no longer than 3 summers and 2 academic
17 years to complete, and balance the needs and time
18 constraints of the candidates.
19 (e) Upon successful completion of the Masters Degree
20 program, the candidate receives an Initial Teaching
21 Certificate becomes a fully certified teacher in the State of
22 Illinois and all other general education academic coursework
23 deficiencies are waived.
24 (f) If an individual wishes to become a candidate in the
25 Illinois Teacher Corps program, but does not possess 5 years
26 of professional experience, the individual may qualify for
27 the program by participating in a one year internship
28 teacher preparation program with a school district. The one
29 year internship shall be developed collaboratively by the
30 school district and the Illinois institution of higher
31 education, and shall be approved by the State Teacher
32 Certification Board.
33 (g) The State Board of Education is authorized to award
34 grants to school districts that seek to prepare candidates
HB0452 Enrolled -127- LRB9002549THcd
1 for the teaching profession who have bachelors' degrees and
2 professional work experience in subjects relevant to teaching
3 fields, but who do not have formal preparation for teaching.
4 Grants may be made to school districts for up to $3,000 per
5 candidate when the school district, in cooperation with a
6 public or private university and the school district's
7 teacher bargaining unit, develop a program designed to
8 prepare teachers pursuant to the Illinois Teacher Corps
9 program under this Section.
10 (Source: P.A. 88-204.)
11 (105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
12 Sec. 21-14. Registration and renewal of certificates.)
13 (a) A limited four-year certificate or a certificate
14 issued after July 1, 1955, shall be renewable at its
15 expiration or within 60 days thereafter by the county
16 superintendent of schools having supervision and control over
17 the school where the teacher is teaching upon certified
18 evidence of meeting the requirements for renewal as required
19 by this Act and prescribed by the State Board of Education in
20 consultation with the State Teacher Certification Board. An
21 elementary supervisory certificate shall not be renewed at
22 the end of the first four-year period covered by the
23 certificate unless the holder thereof has filed certified
24 evidence with the State Teacher Certification Board that he
25 has a master's degree or that he has earned 8 semester hours
26 of credit in the field of educational administration and
27 supervision in a recognized institution of higher learning.
28 The holder shall continue to earn 8 semester hours of credit
29 each four-year period until such time as he has earned a
30 master's degree.
31 All certificates not renewed or registered as herein
32 provided shall lapse after a period of 4 years from the
33 expiration of the last year of registration. Such
HB0452 Enrolled -128- LRB9002549THcd
1 certificates may be reinstated for a one year period upon
2 payment of all accumulated registration fees. Such
3 reinstated certificates shall only be renewed: (1) by earning
4 5 semester hours of credit in a recognized institution of
5 higher learning in the field of professional education or in
6 courses related to the holder's contractual teaching duties;
7 or (2) by presenting evidence of holding a valid regular
8 certificate of some other type. Any certificate may be
9 voluntarily surrendered by the certificate holder. A
10 voluntarily surrendered certificate shall be treated as a
11 revoked certificate.
12 (b) When those teaching certificates issued before
13 January 1, 1999 are renewed for the first time after January
14 1, 1999, all such teaching certificates shall be exchanged
15 for Standard Teaching Certificates as provided in subsection
16 (c) of Section 21-2. All Initial and Standard Teaching
17 Certificates, including those issued to persons who
18 previously held teaching certificates issued before January
19 1, 1999, shall be renewable under the conditions set forth in
20 this subsection (b).
21 Initial Teaching Certificates are valid for 4 years and
22 are nonrenewable. Standard Teaching Certificates are
23 renewable every 5 years as provided in subsection (c) of
24 Section 21-2.
25 (Source: P.A. 86-400.)
26 (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
27 Sec. 24-11. Boards of Education - Boards of School
28 Inspectors - Contractual continued service. As used in this
29 and the succeeding Sections of this Article:,
30 "Teacher" means any or all school district employees
31 regularly required to be certified under laws relating to the
32 certification of teachers.,
33 "Board" means board of directors, board of education, or
HB0452 Enrolled -129- LRB9002549THcd
1 board of school inspectors, as the case may be., and
2 "School term" means that portion of the school year, July
3 1 to the following June 30, when school is in actual session.
4 This Section and Sections 24-12 through 24-16 of this
5 Article apply only to school districts having less than
6 500,000 inhabitants.
7 Any teacher who has been employed in any district as a
8 full-time teacher for a probationary period of 2 consecutive
9 school terms shall enter upon contractual continued service
10 unless given written notice of dismissal stating the specific
11 reason therefor, by certified mail, return receipt requested
12 by the employing board at least 45 60 days before the end of
13 such period; except that for a teacher who is first employed
14 by a school district on or after January 1, 1998 and who has
15 not before that date already entered upon contractual
16 continued service in that district, the probationary period
17 shall be 4 consecutive school terms before the teacher shall
18 enter upon contractual continued service. For the purpose of
19 determining contractual continued service, the first
20 probationary year shall be any full-time employment from a
21 date before November 1 through the end of the school year.
22 If, however, a teacher has not had one school term of
23 full-time teaching experience before the beginning of such
24 probationary period, the employing board may at its option
25 extend such probationary period for one additional school
26 term by giving the teacher written notice by certified mail,
27 return receipt requested at least 60 days before the end of
28 the second school term of the period of 2 consecutive school
29 terms referred to above. Such notice must state the reasons
30 for the one year extension and must outline the corrective
31 actions which the teacher should take to satisfactorily
32 complete probation.
33 Any full-time teacher who is not completing the last
34 first year of the probationary period described in the
HB0452 Enrolled -130- LRB9002549THcd
1 preceding paragraph, or any teacher employed on a full-time
2 basis not later than January 1 of the school term, shall
3 receive written notice from the employing board at least 45
4 60 days before the end of any school term whether or not he
5 will be re-employed for the following school term. If the
6 board fails to give such notice, the employee shall be deemed
7 reemployed, and not later than the close of the then current
8 school term the board shall issue a regular contract to the
9 employee as though the board had reemployed him in the usual
10 manner.
11 Contractual continued service shall continue in effect
12 the terms and provisions of the contract with the teacher
13 during the last school term of the probationary period,
14 subject to this Act and the lawful regulations of the
15 employing board. This Section and succeeding Sections do not
16 modify any existing power of the board except with respect to
17 the procedure of the discharge of a teacher and reductions in
18 salary as hereinafter provided. Contractual continued service
19 status shall not restrict the power of the board to transfer
20 a teacher to a position which the teacher is qualified to
21 fill or to make such salary adjustments as it deems
22 desirable, but unless reductions in salary are uniform or
23 based upon some reasonable classification, any teacher whose
24 salary is reduced shall be entitled to a notice and a hearing
25 as hereinafter provided in the case of certain dismissals or
26 removals.
27 The employment of any teacher in a program of a special
28 education joint agreement established under Section 3-15.14,
29 10-22.31 or 10-22.31a shall be under this and succeeding
30 Sections of this Article. For purposes of attaining and
31 maintaining contractual continued service and computing
32 length of continuing service as referred to in this Section
33 and Section 24-12, employment in a special educational joint
34 program shall be deemed a continuation of all previous
HB0452 Enrolled -131- LRB9002549THcd
1 certificated employment of such teacher for such joint
2 agreement whether the employer of the teacher was the joint
3 agreement, the regional superintendent, or one of the
4 participating districts in the joint agreement.
5 Any teacher employed after July 1, 1987 as a full-time
6 teacher in a program of a special education joint agreement,
7 whether the program is operated by the joint agreement or a
8 member district on behalf of the joint agreement, for a
9 probationary period of two consecutive years shall enter upon
10 contractual continued service in all of the programs
11 conducted by such joint agreement which the teacher is
12 legally qualified to hold; except that for a teacher who is
13 first employed on or after January 1, 1998 in a program of a
14 special education joint agreement and who has not before that
15 date already entered upon contractual continued service in
16 all of the programs conducted by the joint agreement that the
17 teacher is legally qualified to hold, the probationary period
18 shall be 4 consecutive years before the teacher enters upon
19 contractual continued service in all of those programs. In
20 the event of a reduction in the number of programs or
21 positions in the joint agreement, the teacher on contractual
22 continued service shall be eligible for employment in the
23 joint agreement programs for which the teacher is legally
24 qualified in order of greater length of continuing service in
25 the joint agreement unless an alternative method of
26 determining the sequence of dismissal is established in a
27 collective bargaining agreement. In the event of the
28 dissolution of a joint agreement, the teacher on contractual
29 continued service who is legally qualified shall be assigned
30 to any comparable position in a member district currently
31 held by a teacher who has not entered upon contractual
32 continued service or held by a teacher who has entered upon
33 contractual continued service with shorter length of
34 contractual continued service.
HB0452 Enrolled -132- LRB9002549THcd
1 The governing board of the joint agreement, or the
2 administrative district, if so authorized by the articles of
3 agreement of the joint agreement, rather than the board of
4 education of a school district, may carry out employment and
5 termination actions including dismissals under this Section
6 and Section 24-12.
7 For purposes of this and succeeding Sections of this
8 Article, a program of a special educational joint agreement
9 shall be defined as instructional, consultative, supervisory,
10 administrative, diagnostic, and related services which are
11 managed by the special educational joint agreement designed
12 to service two or more districts which are members of the
13 joint agreement.
14 Each joint agreement shall be required to post by
15 February 1, a list of all its employees in order of length of
16 continuing service in the joint agreement, unless an
17 alternative method of determining a sequence of dismissal is
18 established in an applicable collective bargaining agreement.
19 The employment of any teacher in a special education
20 program authorized by Section 14-1.01 through 14-14.01, or a
21 joint educational program established under Section
22 10-22.31a, shall be under this and the succeeding Sections of
23 this Article, and such employment shall be deemed a
24 continuation of the previous employment of such teacher in
25 any of the participating districts, regardless of the
26 participation of other districts in the program. Any teacher
27 employed as a full-time teacher in a special education
28 program prior to September 23, 1987 in which 2 or more school
29 districts participate for a probationary period of 2
30 consecutive years shall enter upon contractual continued
31 service in each of the participating districts, subject to
32 this and the succeeding Sections of this Article, and in the
33 event of the termination of the program shall be eligible for
34 any vacant position in any of such districts for which such
HB0452 Enrolled -133- LRB9002549THcd
1 teacher is qualified.
2 (Source: P.A. 85-1163; 85-1209; 85-1440.)
3 (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5)
4 Sec. 24A-5. Content of evaluation plans. Each school
5 district to which this Article applies shall establish a
6 teacher evaluation plan which ensures that each teacher in
7 contractual continued service is evaluated at least once in
8 the course of every 2 school years, beginning with the
9 1986-87 school year.
10 The evaluation plan shall comply with the requirements of
11 this Section and of any rules adopted by the State Board of
12 Education pursuant to this Section.
13 The plan shall include a description of each teacher's
14 duties and responsibilities and of the standards to which
15 that teacher is expected to conform.
16 The plan may provide for evaluation of personnel whose
17 positions require administrative certification by independent
18 evaluators not employed by or affiliated with the school
19 district. The results of the school district administrators'
20 evaluations shall be reported to the employing school board,
21 together with such recommendations for remediation as the
22 evaluator or evaluators may deem appropriate.
23 Evaluation of teachers whose positions do not require
24 administrative certification shall be conducted by an
25 administrator qualified under Section 24A-3, or -- in school
26 districts having a population exceeding 500,000 -- by either
27 an administrator qualified under Section 24A-3 or an
28 assistant principal under the supervision of an administrator
29 qualified under Section 24A-3, and shall include at least the
30 following components:
31 (a) personal observation of the teacher in the
32 classroom (on at least 2 different school days in school
33 districts having a population exceeding 500,000) by a
HB0452 Enrolled -134- LRB9002549THcd
1 district administrator qualified under Section 24A-3, or
2 -- in school districts having a population exceeding
3 500,000 -- by either an administrator qualified under
4 Section 24A-3 or an assistant principal under the
5 supervision of an administrator qualified under Section
6 24A-3, unless the teacher has no classroom duties.
7 (b) consideration of the teacher's attendance,
8 planning, and instructional methods, classroom
9 management, where relevant, and competency in the subject
10 matter taught, where relevant.
11 (c) rating of the teacher's performance as
12 "excellent", "satisfactory" or "unsatisfactory".
13 (d) specification as to the teacher's strengths and
14 weaknesses, with supporting reasons for the comments
15 made.
16 (e) inclusion of a copy of the evaluation in the
17 teacher's personnel file and provision of a copy to the
18 teacher.
19 (f) within 30 days after completion of an
20 evaluation rating a teacher as "unsatisfactory",
21 development and commencement by the district, or by an
22 administrator qualified under Section 24A-3 or an
23 assistant principal under the supervision of an
24 administrator qualified under Section 24A-3 in school
25 districts having a population exceeding 500,000, of a
26 remediation plan designed to correct deficiencies cited,
27 provided the deficiencies are deemed remediable. In all
28 school districts having a population exceeding 500,000
29 the remediation plan for unsatisfactory, tenured teachers
30 shall provide for 90 school 45 days of school remediation
31 within the classroom. Additional remediation, up to 6
32 months (inclusive of the 45 days), may be provided only
33 in those cases where at the termination of the 45 day
34 in-class remediation, the principal and consulting
HB0452 Enrolled -135- LRB9002549THcd
1 teacher provided for herein determine (based on the
2 teacher's progress) that the teacher may be remediable,
3 but such additional remediation shall create no
4 presumption of remediability and may be terminated at any
5 time after 45 or 90 days by the principal. The principal
6 and consulting teacher shall determine if the additional
7 remediation time shall be conducted within or outside of
8 the assigned classroom. In all school districts
9 evaluations issued pursuant to this Section in school
10 districts having a population exceeding 500,000 shall be
11 issued within 10 days after the conclusion of the
12 respective remediation plan. However, the school board
13 or other governing authority of the district shall not
14 lose jurisdiction to discharge a teacher in the event the
15 evaluation is not issued within 10 days after the
16 conclusion of the respective remediation plan.
17 (g) participation in the remediation plan by the
18 teacher rated "unsatisfactory", a district administrator
19 qualified under Section 24A-3 (or -- in a school district
20 having a population exceeding 500,000 -- an administrator
21 qualified under Section 24A-3 or an assistant principal
22 under the supervision of an administrator qualified under
23 Section 24A-3), and a consulting teacher, selected by the
24 participating administrator or by the principal, or -- in
25 school districts having a population exceeding 500,000 --
26 by an administrator qualified under Section 24A-3 or by
27 an assistant principal under the supervision of an
28 administrator qualified under Section 24A-3, of the
29 teacher who was rated "unsatisfactory", which consulting
30 teacher is an educational employee as defined in the
31 Educational Labor Relations Act, has at least 5 years'
32 teaching experience and a reasonable familiarity with the
33 assignment of the teacher being evaluated, and who
34 received an "excellent" rating on his or her most recent
HB0452 Enrolled -136- LRB9002549THcd
1 evaluation. Where no teachers who meet these criteria
2 are available within the district, the district shall
3 request and the State Board of Education shall supply, to
4 participate in the remediation process, an individual who
5 meets these criteria.
6 In a district having a population of less than
7 500,000 with an exclusive bargaining agent, the
8 bargaining agent may, if it so chooses, supply a roster
9 of qualified teachers from whom the consulting teacher is
10 to be selected. That roster shall, however, contain the
11 names of at least 5 teachers, each of whom meets the
12 criteria for consulting teacher with regard to the
13 teacher being evaluated, or the names of all teachers so
14 qualified if that number is less than 5. In the event of
15 a dispute as to qualification, the State Board shall
16 determine qualification.
17 (h) quarterly evaluations and ratings for one year
18 immediately following receipt of an "unsatisfactory"
19 rating of a teacher for whom a remediation plan has been
20 developed; provided that in school districts having a
21 population exceeding 500,000 there shall be monthly
22 evaluations and ratings for the first 6 months and
23 quarterly evaluations and ratings for the next 6 months
24 immediately following completion of the remediation
25 program of a teacher for whom a remediation plan has been
26 developed. These subsequent evaluations shall be
27 conducted by the participating administrator, or -- in
28 school districts having a population exceeding 500,000 --
29 by either the principal or by an assistant principal
30 under the supervision of an administrator qualified under
31 Section 24A-3. The consulting teacher shall provide
32 advice to the teacher rated "unsatisfactory" on how to
33 improve teaching skills and to successfully complete the
34 remediation plan. The consulting teacher shall
HB0452 Enrolled -137- LRB9002549THcd
1 participate in developing the remediation plan, but the
2 final decision as to the evaluation shall be done solely
3 by the administrator, or -- in school districts having a
4 population exceeding 500,000 -- by either the principal
5 or by an assistant principal under the supervision of an
6 administrator qualified under Section 24A-3, unless an
7 applicable collective bargaining agreement provides to
8 the contrary. Teachers in the remediation process in a
9 school district having a population exceeding 500,000 are
10 not subject to the annual evaluations described in
11 paragraphs (a) through (e) of this Section. Evaluations
12 at the conclusion of the remediation process shall be
13 separate and distinct from the required annual
14 evaluations of teachers and shall not be subject to the
15 guidelines and procedures relating to those annual
16 evaluations. The evaluator may but is not required to
17 use the forms provided for the annual evaluation of
18 teachers in the district's evaluation plan.
19 (i) in school districts having a population of less
20 than 500,000, reinstatement to a schedule of biennial
21 evaluation for any teacher who completes the 1-year
22 remediation plan with a "satisfactory" or better rating,
23 unless the district's plan regularly requires more
24 frequent evaluations; and in school districts having a
25 population exceeding 500,000, reinstatement to a schedule
26 of biennial evaluation for any teacher who completes the
27 90 45 school day remediation plan or extended plan of up
28 to 6-months with a "satisfactory" or better rating and
29 the one year intensive review schedule as provided in
30 paragraph (h) of this Section with a "satisfactory" or
31 better rating, unless such district's plan regularly
32 requires more frequent evaluations.
33 (j) dismissal in accordance with Section 24-12 or
34 34-85 of The School Code of any teacher who fails to
HB0452 Enrolled -138- LRB9002549THcd
1 complete any applicable remediation plan with a
2 "satisfactory" or better rating. Districts and teachers
3 subject to dismissal hearings are precluded from
4 compelling the testimony of consulting teachers at such
5 hearings under Section 24-12 or 34-85, either as to the
6 rating process or for opinions of performances by
7 teachers under remediation.
8 In a district districts subject to a collective
9 bargaining agreement as of the effective date of this
10 amendatory Act of 1997 August 1, 1985, any changes made by
11 this amendatory Act to the provisions of this Section that
12 are contrary to the express terms and provisions of that
13 agreement shall go into effect in that district only upon
14 expiration of that agreement. Thereafter, collectively
15 bargained evaluation plans shall at a minimum meet the
16 standards of this Article. If such a district has an
17 evaluation plan, however, whether pursuant to the collective
18 bargaining agreement or otherwise, a copy of that plan shall
19 be submitted to the State Board of Education for review and
20 comment, in accordance with Section 24A-4.
21 Nothing in this Section shall be construed as preventing
22 immediate dismissal of a teacher for deficiencies which are
23 deemed irremediable or for actions which are injurious to or
24 endanger the health or person of students in the classroom or
25 school. Failure to strictly comply with the time requirements
26 contained in Section 24A-5 shall not invalidate the results
27 of the remediation plan.
28 (Source: P.A. 89-15, eff. 5-30-95.)
29 (105 ILCS 5/27A-2)
30 Sec. 27A-2. Legislative declaration.
31 (a) The General Assembly finds and declares as follows:
32 (1) Encouraging educational excellence is in the
33 best interests of the people of this State.
HB0452 Enrolled -139- LRB9002549THcd
1 (2) There are educators, community members, and
2 parents in Illinois who can offer flexible and innovative
3 educational techniques and programs, but who lack an
4 avenue through which to provide them within the public
5 school system.
6 (3) The enactment of legislation authorizing
7 charter schools to operate in Illinois will promote new
8 options within the public school system and will provide
9 pupils, educators, community members, and parents with
10 the stimulus to strive for educational excellence.
11 (b) The General Assembly further finds and declares that
12 this Article is enacted for the following purposes:
13 (1) To improve pupil learning by creating schools
14 with high, rigorous standards for pupil performance.
15 (2) To increase learning opportunities for all
16 pupils, with special emphasis on expanded learning
17 experiences for at-risk pupils, consistent, however, with
18 an equal commitment to increase learning opportunities
19 for all other groups of pupils in a manner that does not
20 discriminate on the basis of disability, race, creed,
21 color, gender, national origin, religion, ancestry,
22 marital status, or need for special education services.
23 (3) To encourage the use of innovative teaching
24 methods that may be different in some respects than
25 others regularly used in the public school system.
26 (4) To allow the development of new, different, or
27 alternative innovative forms of measuring pupil learning
28 and achievement.
29 (5) To create new professional opportunities for
30 teachers, including the opportunity to be responsible for
31 the learning program at the school site.
32 (6) To provide parents and pupils with expanded
33 choices within the public school system.
34 (7) To encourage parental and community involvement
HB0452 Enrolled -140- LRB9002549THcd
1 with public schools.
2 (8) To hold charter schools accountable for meeting
3 rigorous school content standards and to provide those
4 schools with the opportunity to improve accountability.
5 (c) In authorizing charter schools, it is the intent of
6 the General Assembly to create a legitimate avenue for
7 parents, teachers, and community members to take responsible
8 risks and create new, innovative, and more flexible ways of
9 educating children within the public school system. The
10 General Assembly seeks to create opportunities within the
11 public school system of Illinois for development of
12 innovative and accountable teaching techniques. The
13 provisions of this Article should be interpreted liberally to
14 support the findings and goals of this Section and to advance
15 a renewed commitment by the State of Illinois to the mission,
16 goals, and diversity of public education.
17 (Source: P.A. 89-450, eff. 4-10-96.)
18 (105 ILCS 5/27A-7)
19 Sec. 27A-7. Charter submission.
20 (a) A proposal to establish a charter school shall be
21 submitted to the State Board and the local school board in
22 the form of a proposed contract entered into between the
23 local school board and the governing body of a proposed
24 charter school. The charter school proposal as submitted to
25 the State Board shall include:
26 (1) The name of the proposed charter school, which
27 must include the words "Charter School".
28 (2) The age or grade range, areas of focus, minimum
29 and maximum numbers of pupils to be enrolled in the
30 charter school, and any other admission criteria that
31 would be legal if used by a school district.
32 (3) A description of and address for the physical
33 plant in which the charter school will be located;
HB0452 Enrolled -141- LRB9002549THcd
1 provided that nothing in the Article shall be deemed to
2 justify delaying or withholding favorable action on or
3 approval of a charter school proposal because the
4 building or buildings in which the charter school is to
5 be located have not been acquired or rented at the time a
6 charter school proposal is submitted or approved or a
7 charter school contract is entered into or submitted for
8 certification or certified, so long as the proposal or
9 submission identifies and names at least 2 sites that are
10 potentially available as a charter school facility by the
11 time the charter school is to open.
12 (4) The mission statement of the charter school,
13 which must be consistent with the General Assembly's
14 declared purposes; provided that nothing in this Article
15 shall be construed to require that, in order to receive
16 favorable consideration and approval, a charter school
17 proposal demonstrate unequivocally that the charter
18 school will be able to meet each of those declared
19 purposes, it being the intention of the Charter Schools
20 Law that those purposes be recognized as goals that
21 charter schools must aspire to attain.
22 (5) The goals, objectives, and pupil performance
23 standards to be achieved by the charter school.
24 (6) In the case of a proposal to establish a
25 charter school by converting an existing public school or
26 attendance center to charter school status, evidence that
27 the proposed formation of the charter school has received
28 the required approval of from certified teachers, from
29 parents and guardians, and, if applicable, from a local
30 school council as provided in subsection (b) of Section
31 27A-8.
32 (7) A description of the charter school's
33 educational program, pupil performance standards,
34 curriculum, school year, school days, and hours of
HB0452 Enrolled -142- LRB9002549THcd
1 operation.
2 (8) A description of the charter school's plan for
3 evaluating pupil performance, the types of assessments
4 that will be used to measure pupil progress towards
5 achievement of the school's pupil performance standards,
6 the timeline for achievement of those standards, and the
7 procedures for taking corrective action in the event that
8 pupil performance at the charter school falls below those
9 standards.
10 (9) Evidence that the terms of the charter as
11 proposed are economically sound for both the charter
12 school and the school district, a proposed budget for the
13 term of the charter, a description of the manner in which
14 an annual audit of the financial and administrative
15 operations of the charter school, including any services
16 provided by the school district, are to be conducted, and
17 a plan for the displacement of pupils, teachers, and
18 other employees who will not attend or be employed in the
19 charter school.
20 (10) A description of the governance and operation
21 of the charter school, including the nature and extent of
22 parental, professional educator, and community
23 involvement in the governance and operation of the
24 charter school.
25 (11) An explanation of the relationship that will
26 exist between the charter school and its employees,
27 including evidence that the terms and conditions of
28 employment have been addressed with affected employees
29 and their recognized representative, if any. However, a
30 bargaining unit of charter school employees shall be
31 separate and distinct from any bargaining units formed
32 from employees of a school district in which the charter
33 school is located.
34 (12) An agreement between the parties regarding
HB0452 Enrolled -143- LRB9002549THcd
1 their respective legal liability and applicable insurance
2 coverage.
3 (13) A description of how the charter school plans
4 to meet the transportation needs of its pupils, and a
5 plan for addressing the transportation needs of
6 low-income and at-risk pupils.
7 (14) The proposed effective date and term of the
8 charter; provided that the first day of the first
9 academic year and the first day of the fiscal year shall
10 be no earlier than August 15 and no later than September
11 15 of a calendar year of the charter school shall
12 coincide with the first day of the academic year and the
13 first day of the fiscal year of the local school
14 district.
15 (15) Any other information reasonably required by
16 the State Board of Education.
17 (b) A proposal to establish a charter school may be
18 initiated by individuals or organizations that will have
19 majority representation on the board of directors or other
20 governing body of the corporation or other discrete legal
21 entity that is to be established to operate the proposed
22 charter school, or by the board of directors or other
23 governing body of a discrete legal entity already existing or
24 established to operate the proposed charter school. The
25 individuals or organizations referred to in this subsection
26 may be school teachers, school administrators, local school
27 councils, colleges or universities or their faculty members,
28 public community colleges or their instructors or other
29 representatives, corporations, or other entities or their
30 representatives. The proposal shall be submitted to the
31 local school board for consideration and, if appropriate, for
32 development of a proposed contract to be submitted to the
33 State Board for certification under Section 27A-6.
34 (c) The local school board may not without the consent
HB0452 Enrolled -144- LRB9002549THcd
1 of the governing body of the charter school condition its
2 approval of a charter school proposal on acceptance of an
3 agreement to operate under State laws and regulations and
4 local school board policies from which the charter school is
5 otherwise exempted under this Article.
6 (Source: P.A. 89-450, eff. 4-10-96.)
7 (105 ILCS 5/27A-8)
8 Sec. 27A-8. Evaluation of charter proposals.
9 (a) In evaluating any charter school proposal submitted
10 to it, the local school board shall give preference to
11 proposals that:
12 (1) demonstrate a high level of local pupil,
13 parental, community, business, and school personnel
14 support;
15 (2) set rigorous levels of expected pupil
16 achievement and demonstrate feasible plans for attaining
17 those levels of achievement; and
18 (3) are designed to enroll and serve a substantial
19 proportion of at-risk children; provided that nothing in
20 the Charter Schools Law shall be construed as intended to
21 limit the establishment of charter schools to those that
22 serve a substantial portion of at-risk children or to in
23 any manner restrict, limit, or discourage the
24 establishment of charter schools that enroll and serve
25 other pupil populations under a nonexclusive,
26 nondiscriminatory admissions policy.
27 (b) In the case of a proposal to establish a charter
28 school by converting an existing public school or attendance
29 center to charter school status, evidence that the proposed
30 formation of the charter school has received majority support
31 from certified teachers and from parents and guardians in the
32 school or attendance center affected by the proposed charter,
33 and, if applicable, from a local school council, shall be
HB0452 Enrolled -145- LRB9002549THcd
1 demonstrated by a petition in support of the charter school
2 signed by certified teachers and a petition in support of the
3 charter school signed by parents and guardians and, if
4 applicable, by a vote of the local school council held at a
5 public meeting. In the case of all other proposals to
6 establish a charter school, evidence of sufficient support to
7 fill the number of pupil seats set forth in the proposal may
8 shall be demonstrated by a petition in support of the charter
9 school signed by parents and guardians of students eligible
10 to attend the charter school. In all cases, the individuals,
11 organizations, or entities who initiate the proposal to
12 establish a charter school may elect, in lieu of including
13 any petition referred to in this subsection as a part of the
14 proposal submitted to the local school board, to demonstrate
15 that the charter school has received the support referred to
16 in this subsection by other evidence and information
17 presented at the public meeting that the local school board
18 is required to convene under this Section.
19 (c) Within 45 days of receipt of a charter school
20 proposal, the local school board shall convene a public
21 meeting to obtain information to assist the board in its
22 decision to grant or deny the charter school proposal.
23 (d) Notice of the public meeting required by this
24 Section shall be published in a community newspaper published
25 in the school district in which the proposed charter is
26 located and, if there is no such newspaper, then in a
27 newspaper published in the county and having circulation in
28 the school district. The notices shall be published not more
29 than 10 days nor less than 5 days before the meeting and
30 shall state that information regarding a charter school
31 proposal will be heard at the meeting. Copies of the notice
32 shall also be posted at appropriate locations in the school
33 or attendance center proposed to be established as a charter
34 school, the public schools in the school district, and the
HB0452 Enrolled -146- LRB9002549THcd
1 local school board office.
2 (e) Within 30 days of the public meeting, the local
3 school board shall vote, in a public meeting, to either grant
4 or deny the charter school proposal.
5 (f) Within 7 days of the public meeting required under
6 subsection (e), the local school board shall file a report
7 with to the State Board granting or denying the whether a
8 proposal has been granted or denied. Within 14 days of
9 receipt of the local school board's report, the State Board
10 shall determine whether the approved charter proposal is
11 consistent with the provisions of this Article and, if the
12 approved proposal complies, certify the proposal pursuant to
13 Section 27A-6.
14 (Source: P.A. 89-450, eff. 4-10-96.)
15 (105 ILCS 5/27A-9)
16 Sec. 27A-9. Term of charter; renewal.
17 (a) A charter may be granted for a period not less than
18 3 and not more than 5 school years. A charter may be renewed
19 in incremental periods not to exceed 5 school years.
20 (b) A charter school renewal proposal submitted to the
21 local school board shall contain:
22 (1) A report on the progress of the charter school
23 in achieving the goals, objectives, pupil performance
24 standards, content standards, and other terms of the
25 initial approved charter proposal; and
26 (2) A financial statement that discloses the costs
27 of administration, instruction, and other spending
28 categories for the charter school that is understandable
29 to the general public and that will allow comparison of
30 those costs to other schools or other comparable
31 organizations, in a format required by the State Board.
32 (c) A charter may be revoked or not renewed if the local
33 school board clearly demonstrates determines that the charter
HB0452 Enrolled -147- LRB9002549THcd
1 school did any of the following, or otherwise failed to
2 comply with the requirements of this law for other good cause
3 shown:
4 (1) Committed a material violation of any of the
5 conditions, standards, or procedures set forth in the
6 charter.
7 (2) Failed to meet or make reasonable progress
8 toward achievement of the content standards or pupil
9 performance standards identified in the charter.
10 (3) Failed to meet generally accepted standards of
11 fiscal management.
12 (4) Violated any provision of law from which the
13 charter school was not exempted.
14 (d) (Blank). In addition, a charter may not be renewed
15 if the local school board determines that it is not in the
16 interest of the pupils residing within the school district or
17 service area to continue the operation of the charter school.
18 (e) Notice of a local school board's decision to deny,
19 revoke or not to renew a charter shall be provided to the
20 State Board. The State Board may reverse a local board's
21 decision if the State Board finds that the charter school or
22 charter school proposal (i) is in compliance with this
23 Article, and (ii) is in the best interests of the students it
24 is designed to serve. Final decisions of the State Board
25 shall be subject to judicial review under the Administrative
26 Review Law.
27 (f) Notwithstanding other provisions of this Article, if
28 the State Board on appeal reverses a local board's decision,
29 the State Board shall act as the authorized chartering entity
30 for the charter school. The State Board shall approve and
31 certify the charter and shall perform all functions under
32 this Article otherwise performed by the local school board.
33 The State Board shall report the aggregate number of charter
34 school pupils resident in a school district to that district
HB0452 Enrolled -148- LRB9002549THcd
1 and shall notify the district of the amount of funding to be
2 paid by the State Board to the charter school enrolling such
3 students. The State Board shall withhold from funds
4 otherwise due the district the funds authorized by this
5 Article to be paid to the charter school and shall pay such
6 amounts to the charter school.
7 (Source: P.A. 89-450, eff. 4-10-96.)
8 (105 ILCS 5/27A-11)
9 Sec. 27A-11. Financing.
10 (a) For purposes of the School Code, pupils enrolled in
11 a charter school shall be included in the pupil enrollment of
12 the school district within which the pupil resides. Each
13 charter school (i) shall determine the school district in
14 which each pupil who is enrolled in the charter school
15 resides, and (ii) shall report the aggregate number of pupils
16 resident of a school district who are enrolled in the charter
17 school to the school district in which those pupils reside,
18 and (iii) shall maintain accurate records of daily attendance
19 that shall be deemed sufficient to file claims under Section
20 18-8 notwithstanding any other requirements of that Section
21 regarding hours of instruction and teacher certification.
22 (b) As part of a charter school contract, the charter
23 school and the local school board shall agree on funding and
24 any services to be provided by the school district to the
25 charter school. Agreed funding that a charter school is to
26 receive from the local school board for a school year shall
27 be paid in equal quarterly installments with the payment of
28 the installment for the first quarter being made not later
29 than July 1, unless the charter establishes a different
30 payment schedule.
31 All services centrally or otherwise provided by the
32 school district including, but not limited to, food services,
33 custodial services, maintenance, curriculum, media services,
HB0452 Enrolled -149- LRB9002549THcd
1 libraries, transportation, and warehousing shall be subject
2 to negotiation between a charter school and the local school
3 board and paid for out of the revenues negotiated pursuant to
4 this subsection (b); provided that the local school board
5 shall not attempt, by negotiation or otherwise, to obligate a
6 charter school to provide pupil transportation for pupils for
7 whom a district is not required to provide transportation
8 under the criteria set forth in subsection (a)(13) of Section
9 27A-7.
10 In no event shall the funding be less than 75% 95% or
11 more than 125% 105% of the school district's per capita
12 student tuition multiplied by the number of students residing
13 in the district who are enrolled in the charter school.
14 It is the intent of the General Assembly that funding and
15 service agreements under this subsection (b) shall be neither
16 a financial incentive nor a financial disincentive to the
17 establishment of a charter school.
18 Fees collected from students enrolled at a charter school
19 shall be retained by the charter school.
20 (c) Notwithstanding subsection (b) of this Section, the
21 proportionate share of State and federal resources generated
22 by students with disabilities or staff serving them shall be
23 directed to charter schools enrolling those students by their
24 school districts or administrative units. The proportionate
25 share of moneys generated under other federal or State
26 categorical aid programs shall be directed to charter schools
27 serving students eligible for that aid.
28 (d)(1) The governing body of a charter school is
29 authorized to accept gifts, donations, or grants of any kind
30 made to the charter school and to expend or use gifts,
31 donations, or grants in accordance with the conditions
32 prescribed by the donor; however, a gift, donation, or grant
33 may not be accepted by the governing body if it is subject to
34 any condition contrary to applicable law or contrary to the
HB0452 Enrolled -150- LRB9002549THcd
1 terms of the contract between the charter school and the
2 local school board. Charter schools shall be encouraged to
3 solicit and utilize community volunteer speakers and other
4 instructional resources when providing instruction on the
5 Holocaust and other historical events.
6 (2) From amounts appropriated to the State Board for
7 purposes of this subsection (d)(2), the State Board may make
8 loans to charter schools established under this Article to be
9 used by those schools to defer their start-up costs of
10 acquiring textbooks and laboratory and other equipment
11 required for student instruction. Any such loan shall be made
12 to a charter school at the inception of the term of its
13 charter, under terms established by the State Board, and
14 shall be repaid by the charter school over the term of its
15 charter.
16 (e) No later than January 1, 1997, the State Board shall
17 issue a report to the General Assembly and the Governor
18 describing the charter schools certified under this Article,
19 their geographic locations, their areas of focus, and the
20 numbers of school children served by them.
21 (f) The State Board shall provide technical assistance
22 to persons and groups preparing or revising charter
23 applications.
24 (g) At the non-renewal or revocation of its charter,
25 each charter school shall refund to the local board of
26 education all unspent funds.
27 (h) A charter school is authorized to incur temporary,
28 short term debt to pay operating expenses in anticipation of
29 receipt of funds from the local school board.
30 (Source: P.A. 89-450, eff. 4-10-96.)
31 (105 ILCS 5/34-8.4)
32 Sec. 34-8.4. Intervention. The Chicago Schools Academic
33 Accountability Council may recommend to the Chicago School
HB0452 Enrolled -151- LRB9002549THcd
1 Reform Board of Trustees that any school placed on
2 remediation or probation under Section 34-8.3 or schools that
3 for the 3 consecutive school years of 1992-1993, 1993-1994,
4 and 1994-1995 have met the State Board of Education's
5 category of "does not meet expectations" be made subject to
6 intervention under this Section 34-8.4. In addition to any
7 powers created under this Section, the Trustees shall have
8 all powers created under Section 34-8.3 with respect to
9 schools subjected to intervention.
10 Prior to subjecting a school to intervention, the
11 Trustees shall conduct a public hearing and make findings of
12 facts concerning the recommendation of the Chicago Schools
13 Academic Accountability Council and the factors causing the
14 failure of the school to adequately perform. The Trustees
15 shall afford an opportunity at the hearing for interested
16 persons to comment about the intervention recommendation.
17 After the hearing has been held and completion of findings of
18 fact, the Trustees shall make a determination whether to
19 subject the school to intervention.
20 If the Trustees determine that a school shall be subject
21 to intervention under this Section, the Trustees shall
22 develop an intervention implementation plan and shall cause a
23 performance evaluation to be made of each employee at the
24 school. Upon consideration of such evaluations, and
25 consistent with the intervention implementation plan, the
26 Trustees may reassign, layoff, or dismiss any employees at
27 the attendance center, notwithstanding the provisions of
28 Sections 24A-5 and 34-85.
29 The chief educational officer shall appoint a principal
30 for the school and shall set the terms and conditions of the
31 principal's contract, which in no case may be longer than 2
32 years. The principal shall select all teachers and
33 non-certified personnel for the school as may be necessary.
34 Any provision of Section 34-8.1 that conflicts with this
HB0452 Enrolled -152- LRB9002549THcd
1 Section shall not apply to a school subjected to intervention
2 under this Section.
3 If pursuant to this Section, the general superintendent,
4 with the approval of the board, orders new local school
5 council elections, the general superintendent shall carry out
6 the responsibilities of the local school council for a school
7 subject to intervention until the new local school council
8 members are elected and trained.
9 Each school year, 5% of the supplemental general State
10 aid Chapter 1 funds distributed to a school subject to
11 intervention during that school year under subsection
12 5(i)(1)(a) of part A of Section 18-8 or subsection (H) of
13 Section 18-8.05 shall be used for employee performance
14 incentives. The Trustees shall prepare a report evaluating
15 the results of any interventions undertaken pursuant to this
16 Section and shall make recommendations concerning
17 implementation of special programs for dealing with
18 underperforming schools on an ongoing basis. This report
19 shall be submitted to the State Superintendent of Education
20 and Mayor of the City of Chicago by January 1, 1999.
21 (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
22 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
23 Sec. 34-18. Powers of the board. The board shall
24 exercise general supervision and jurisdiction over the public
25 education and the public school system of the city, and,
26 except as otherwise provided by this Article, shall have
27 power:
28 1. To make suitable provision for the establishment
29 and maintenance throughout the year or for such portion
30 thereof as it may direct, not less than 9 months, of
31 schools of all grades and kinds, including normal
32 schools, high schools, night schools, schools for
33 defectives and delinquents, parental and truant schools,
HB0452 Enrolled -153- LRB9002549THcd
1 schools for the blind, the deaf and the crippled, schools
2 or classes in manual training, constructural and
3 vocational teaching, domestic arts and physical culture,
4 vocation and extension schools and lecture courses, and
5 all other educational courses and facilities, including
6 establishing, equipping, maintaining and operating
7 playgrounds and recreational programs, when such programs
8 are conducted in, adjacent to, or connected with any
9 public school under the general supervision and
10 jurisdiction of the board; provided, however, that in
11 allocating funds from year to year for the operation of
12 all attendance centers within the district, the board
13 shall ensure that supplemental general State aid Chapter
14 1 funds are allocated and applied in accordance with
15 Section 18-8 or 18-8.05. To admit to such schools without
16 charge foreign exchange students who are participants in
17 an organized exchange student program which is authorized
18 by the board. The board shall permit all students to
19 enroll in apprenticeship programs in trade schools
20 operated by the board, whether those programs are
21 union-sponsored or not. No student shall be refused
22 admission into or be excluded from any course of
23 instruction offered in the common schools by reason of
24 that student's sex. No student shall be denied equal
25 access to physical education and interscholastic athletic
26 programs supported from school district funds or denied
27 participation in comparable physical education and
28 athletic programs solely by reason of the student's sex.
29 Equal access to programs supported from school district
30 funds and comparable programs will be defined in rules
31 promulgated by the State Board of Education in
32 consultation with the Illinois High School Association.
33 Notwithstanding any other provision of this Article,
34 neither the board of education nor any local school
HB0452 Enrolled -154- LRB9002549THcd
1 council or other school official shall recommend that
2 children with disabilities be placed into regular
3 education classrooms unless those children with
4 disabilities are provided with supplementary services to
5 assist them so that they benefit from the regular
6 classroom instruction and are included on the teacher's
7 regular education class register;
8 2. To furnish lunches to pupils, to make a
9 reasonable charge therefor, and to use school funds for
10 the payment of such expenses as the board may determine
11 are necessary in conducting the school lunch program;
12 3. To co-operate with the circuit court;
13 4. To make arrangements with the public or
14 quasi-public libraries and museums for the use of their
15 facilities by teachers and pupils of the public schools;
16 5. To employ dentists and prescribe their duties
17 for the purpose of treating the pupils in the schools,
18 but accepting such treatment shall be optional with
19 parents or guardians;
20 6. To grant the use of assembly halls and
21 classrooms when not otherwise needed, including light,
22 heat, and attendants, for free public lectures, concerts,
23 and other educational and social interests, free of
24 charge, under such provisions and control as the
25 principal of the affected attendance center may
26 prescribe;
27 7. To apportion the pupils to the several schools;
28 provided that no pupil shall be excluded from or
29 segregated in any such school on account of his color,
30 race, sex, or nationality. The board shall take into
31 consideration the prevention of segregation and the
32 elimination of separation of children in public schools
33 because of color, race, sex, or nationality. Except that
34 children may be committed to or attend parental and
HB0452 Enrolled -155- LRB9002549THcd
1 social adjustment schools established and maintained
2 either for boys or girls only. All records pertaining to
3 the creation, alteration or revision of attendance areas
4 shall be open to the public. Nothing herein shall limit
5 the board's authority to establish multi-area attendance
6 centers or other student assignment systems for
7 desegregation purposes or otherwise, and to apportion the
8 pupils to the several schools. Furthermore, beginning in
9 school year 1994-95, pursuant to a board plan adopted by
10 October 1, 1993, the board shall offer, commencing on a
11 phased-in basis, the opportunity for families within the
12 school district to apply for enrollment of their children
13 in any attendance center within the school district which
14 does not have selective admission requirements approved
15 by the board. The appropriate geographical area in which
16 such open enrollment may be exercised shall be determined
17 by the board of education. Such children may be admitted
18 to any such attendance center on a space available basis
19 after all children residing within such attendance
20 center's area have been accommodated. If the number of
21 applicants from outside the attendance area exceed the
22 space available, then successful applicants shall be
23 selected by lottery. The board of education's open
24 enrollment plan must include provisions that allow low
25 income students to have access to transportation needed
26 to exercise school choice. Open enrollment shall be in
27 compliance with the provisions of the Consent Decree and
28 Desegregation Plan cited in Section 34-1.01;
29 8. To approve programs and policies for providing
30 transportation services to students. Nothing herein shall
31 be construed to permit or empower the State Board of
32 Education to order, mandate, or require busing or other
33 transportation of pupils for the purpose of achieving
34 racial balance in any school;
HB0452 Enrolled -156- LRB9002549THcd
1 9. Subject to the limitations in this Article, to
2 establish and approve system-wide curriculum objectives
3 and standards, including graduation standards, which
4 reflect the multi-cultural diversity in the city and are
5 consistent with State law, provided that for all purposes
6 of this Article courses or proficiency in American Sign
7 Language shall be deemed to constitute courses or
8 proficiency in a foreign language; and to employ
9 principals and teachers, appointed as provided in this
10 Article, and fix their compensation. The board shall
11 prepare such reports related to minimal competency
12 testing as may be requested by the State Board of
13 Education, and in addition shall monitor and approve
14 special education and bilingual education programs and
15 policies within the district to assure that appropriate
16 services are provided in accordance with applicable State
17 and federal laws to children requiring services and
18 education in those areas;
19 10. To employ non-teaching personnel or utilize
20 volunteer personnel for: (i) non-teaching duties not
21 requiring instructional judgment or evaluation of pupils,
22 including library duties; and (ii) supervising study
23 halls, long distance teaching reception areas used
24 incident to instructional programs transmitted by
25 electronic media such as computers, video, and audio,
26 detention and discipline areas, and school-sponsored
27 extracurricular activities. The board may further utilize
28 volunteer non-certificated personnel or employ
29 non-certificated personnel to assist in the instruction
30 of pupils under the immediate supervision of a teacher
31 holding a valid certificate, directly engaged in teaching
32 subject matter or conducting activities; provided that
33 the teacher shall be continuously aware of the
34 non-certificated persons' activities and shall be able to
HB0452 Enrolled -157- LRB9002549THcd
1 control or modify them. The general superintendent shall
2 determine qualifications of such personnel and shall
3 prescribe rules for determining the duties and activities
4 to be assigned to such personnel;
5 11. To provide television studio facilities in not
6 to exceed one school building and to provide programs for
7 educational purposes, provided, however, that the board
8 shall not construct, acquire, operate, or maintain a
9 television transmitter; to grant the use of its studio
10 facilities to a licensed television station located in
11 the school district; and to maintain and operate not to
12 exceed one school radio transmitting station and provide
13 programs for educational purposes;
14 12. To offer, if deemed appropriate, outdoor
15 education courses, including field trips within the State
16 of Illinois, or adjacent states, and to use school
17 educational funds for the expense of the said outdoor
18 educational programs, whether within the school district
19 or not;
20 13. During that period of the calendar year not
21 embraced within the regular school term, to provide and
22 conduct courses in subject matters normally embraced in
23 the program of the schools during the regular school term
24 and to give regular school credit for satisfactory
25 completion by the student of such courses as may be
26 approved for credit by the State Board of Education;
27 14. To insure against any loss or liability of the
28 board, the former School Board Nominating Commission,
29 Local School Councils, the Chicago Schools Academic
30 Accountability Council, or the former Subdistrict
31 Councils or of any member, officer, agent or employee
32 thereof, resulting from alleged violations of civil
33 rights arising from incidents occurring on or after
34 September 5, 1967 or from the wrongful or negligent act
HB0452 Enrolled -158- LRB9002549THcd
1 or omission of any such person whether occurring within
2 or without the school premises, provided the officer,
3 agent or employee was, at the time of the alleged
4 violation of civil rights or wrongful act or omission,
5 acting within the scope of his employment or under
6 direction of the board, the former School Board
7 Nominating Commission, the Chicago Schools Academic
8 Accountability Council, Local School Councils, or the
9 former Subdistrict Councils; and to provide for or
10 participate in insurance plans for its officers and
11 employees, including but not limited to retirement
12 annuities, medical, surgical and hospitalization benefits
13 in such types and amounts as may be determined by the
14 board; provided, however, that the board shall contract
15 for such insurance only with an insurance company
16 authorized to do business in this State. Such insurance
17 may include provision for employees who rely on treatment
18 by prayer or spiritual means alone for healing, in
19 accordance with the tenets and practice of a recognized
20 religious denomination;
21 15. To contract with the corporate authorities of
22 any municipality or the county board of any county, as
23 the case may be, to provide for the regulation of traffic
24 in parking areas of property used for school purposes, in
25 such manner as is provided by Section 11-209 of The
26 Illinois Vehicle Code, approved September 29, 1969, as
27 amended;
28 16. To provide, on an equal basis, access to the
29 school campus to the official recruiting representatives
30 of the armed forces of Illinois and the United States for
31 the purposes of informing students of the educational and
32 career opportunities available in the military if the
33 board has provided such access to persons or groups whose
34 purpose is to acquaint students with educational or
HB0452 Enrolled -159- LRB9002549THcd
1 occupational opportunities available to them. The board
2 is not required to give greater notice regarding the
3 right of access to recruiting representatives than is
4 given to other persons and groups;
5 17. (a) To sell or market any computer program
6 developed by an employee of the school district, provided
7 that such employee developed the computer program as a
8 direct result of his or her duties with the school
9 district or through the utilization of the school
10 district resources or facilities. The employee who
11 developed the computer program shall be entitled to share
12 in the proceeds of such sale or marketing of the computer
13 program. The distribution of such proceeds between the
14 employee and the school district shall be as agreed upon
15 by the employee and the school district, except that
16 neither the employee nor the school district may receive
17 more than 90% of such proceeds. The negotiation for an
18 employee who is represented by an exclusive bargaining
19 representative may be conducted by such bargaining
20 representative at the employee's request.
21 (b) For the purpose of this paragraph 17:
22 (1) "Computer" means an internally programmed,
23 general purpose digital device capable of
24 automatically accepting data, processing data and
25 supplying the results of the operation.
26 (2) "Computer program" means a series of coded
27 instructions or statements in a form acceptable to a
28 computer, which causes the computer to process data
29 in order to achieve a certain result.
30 (3) "Proceeds" means profits derived from
31 marketing or sale of a product after deducting the
32 expenses of developing and marketing such product;
33 18. To delegate to the general superintendent of
34 schools, by resolution, the authority to approve
HB0452 Enrolled -160- LRB9002549THcd
1 contracts and expenditures in amounts of $10,000 or less;
2 19. Upon the written request of an employee, to
3 withhold from the compensation of that employee any dues,
4 payments or contributions payable by such employee to any
5 labor organization as defined in the Illinois Educational
6 Labor Relations Act. Under such arrangement, an amount
7 shall be withheld from each regular payroll period which
8 is equal to the pro rata share of the annual dues plus
9 any payments or contributions, and the board shall
10 transmit such withholdings to the specified labor
11 organization within 10 working days from the time of the
12 withholding;
13 19a. Upon receipt of notice from the comptroller of
14 a municipality with a population of 500,000 or more that
15 a debt is due and owing the municipality by an employee
16 of the Chicago School Reform Board of Trustees, to
17 withhold, from the compensation of that employee, the
18 amount of the debt that is due and owing and pay the
19 amount withheld to the municipality; provided, however,
20 that the amount deducted from any one salary or wage
21 payment shall not exceed 25% of the net amount of the
22 payment. Before the Board deducts any amount from any
23 salary or wage of an employee under this paragraph, the
24 municipality shall certify that the employee has been
25 afforded an opportunity for a hearing to dispute the debt
26 that is due and owing the municipality. For purposes of
27 this paragraph, "net amount" means that part of the
28 salary or wage payment remaining after the deduction of
29 any amounts required by law to be deducted and "debt due
30 and owing" means (i) a specified sum of money owed to the
31 municipality for city services, work, or goods, after the
32 period granted for payment has expired, or (ii) a
33 specified sum of money owed to the municipality pursuant
34 to a court order or order of an administrative hearing
HB0452 Enrolled -161- LRB9002549THcd
1 officer after the exhaustion of, or the failure to
2 exhaust, judicial review;
3 20. The board is encouraged to employ a sufficient
4 number of certified school counselors to maintain a
5 student/counselor ratio of 250 to 1 by July 1, 1990.
6 Each counselor shall spend at least 75% of his work time
7 in direct contact with students and shall maintain a
8 record of such time;
9 21. To make available to students vocational and
10 career counseling and to establish 5 special career
11 counseling days for students and parents. On these days
12 representatives of local businesses and industries shall
13 be invited to the school campus and shall inform students
14 of career opportunities available to them in the various
15 businesses and industries. Special consideration shall
16 be given to counseling minority students as to career
17 opportunities available to them in various fields. For
18 the purposes of this paragraph, minority student means a
19 person who is:
20 (a) Black (a person having origins in any of
21 the black racial groups in Africa);
22 (b) Hispanic (a person of Spanish or
23 Portuguese culture with origins in Mexico, South or
24 Central America, or the Caribbean islands,
25 regardless of race);
26 (c) Asian American (a person having origins in
27 any of the original peoples of the Far East,
28 Southeast Asia, the Indian Subcontinent or the
29 Pacific Islands); or
30 (d) American Indian or Alaskan Native (a
31 person having origins in any of the original peoples
32 of North America).
33 Counseling days shall not be in lieu of regular
34 school days;
HB0452 Enrolled -162- LRB9002549THcd
1 22. To report to the State Board of Education the
2 annual student dropout rate and number of students who
3 graduate from, transfer from or otherwise leave bilingual
4 programs;
5 23. Except as otherwise provided in the Abused and
6 Neglected Child Reporting Act or other applicable State
7 or federal law, to permit school officials to withhold,
8 from any person, information on the whereabouts of any
9 child removed from school premises when the child has
10 been taken into protective custody as a victim of
11 suspected child abuse. School officials shall direct
12 such person to the Department of Children and Family
13 Services, or to the local law enforcement agency if
14 appropriate;
15 24. To develop a policy, based on the current state
16 of existing school facilities, projected enrollment and
17 efficient utilization of available resources, for capital
18 improvement of schools and school buildings within the
19 district, addressing in that policy both the relative
20 priority for major repairs, renovations and additions to
21 school facilities, and the advisability or necessity of
22 building new school facilities or closing existing
23 schools to meet current or projected demographic patterns
24 within the district;
25 25. To make available to the students in every high
26 school attendance center the ability to take all courses
27 necessary to comply with the Board of Higher Education's
28 college entrance criteria effective in 1993;
29 26. To encourage mid-career changes into the
30 teaching profession, whereby qualified professionals
31 become certified teachers, by allowing credit for
32 professional employment in related fields when
33 determining point of entry on teacher pay scale;
34 27. To provide or contract out training programs
HB0452 Enrolled -163- LRB9002549THcd
1 for administrative personnel and principals with revised
2 or expanded duties pursuant to this Act in order to
3 assure they have the knowledge and skills to perform
4 their duties;
5 28. To establish a fund for the prioritized special
6 needs programs, and to allocate such funds and other lump
7 sum amounts to each attendance center in a manner
8 consistent with the provisions of part 4 of Section
9 34-2.3. Nothing in this paragraph shall be construed to
10 require any additional appropriations of State funds for
11 this purpose;
12 29. (Blank);
13 30. Notwithstanding any other provision of this Act
14 or any other law to the contrary, to contract with third
15 parties for services otherwise performed by employees,
16 including those in a bargaining unit, and to layoff those
17 employees upon 14 days written notice to the affected
18 employees. Those contracts may be for a period not to
19 exceed 5 years and may be awarded on a system-wide basis;
20 31. To promulgate rules establishing procedures
21 governing the layoff or reduction in force of employees
22 and the recall of such employees, including, but not
23 limited to, criteria for such layoffs, reductions in
24 force or recall rights of such employees and the weight
25 to be given to any particular criterion. Such criteria
26 shall take into account factors including, but not be
27 limited to, qualifications, certifications, experience,
28 performance ratings or evaluations, and any other factors
29 relating to an employee's job performance; and
30 32. To develop a policy to prevent nepotism in the
31 hiring of personnel or the selection of contractors.
32 The specifications of the powers herein granted are not
33 to be construed as exclusive but the board shall also
34 exercise all other powers that they may be requisite or
HB0452 Enrolled -164- LRB9002549THcd
1 proper for the maintenance and the development of a public
2 school system, not inconsistent with the other provisions of
3 this Article or provisions of this Code which apply to all
4 school districts.
5 In addition to the powers herein granted and authorized
6 to be exercised by the board, it shall be the duty of the
7 board to review or to direct independent reviews of special
8 education expenditures and services. The board shall file a
9 report of such review with the General Assembly on or before
10 May 1, 1990.
11 (Source: P.A. 89-15, eff. 5-30-95; 89-397, eff. 8-20-95;
12 89-626, eff. 8-9-96; 90-22, eff. 6-20-97.)
13 (105 ILCS 5/34-18.17 new)
14 Sec. 34-18.17. No pass-no play policy. Beginning with
15 the 1998-99 school year, the board of education shall
16 establish, implement, and enforce a uniform and consistent
17 policy under which a student in any of grades 9 through 12
18 who fails to maintain a specified minimum grade point average
19 or a specified minimum grade in each course in which the
20 student is enrolled or both is suspended from further
21 participation in any school-sponsored or school-supported
22 athletic or extracurricular activities for a specified period
23 or until a specified minimum grade point average or minimum
24 grade or both are earned by the student. The board of
25 education shall adopt a policy as required by this Section
26 not later than one year after the effective date of this
27 amendatory Act of 1997 and shall concurrently file a copy of
28 that policy with the State Board of Education. After the
29 policy has been in effect for one year, the board of
30 education shall file a report with the State Board of
31 Education setting forth the number and length of suspensions
32 imposed under the policy during the period covered by the
33 report. If the board of education already has a policy that
HB0452 Enrolled -165- LRB9002549THcd
1 is consistent with the requirements of this Section in effect
2 on the effective date of this amendatory Act of 1997, it
3 shall file a copy of that policy with the State Board of
4 Education within 90 days after the effective date of this
5 amendatory Act and shall file the annual report required
6 under this Section 12 months thereafter.
7 (105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
8 Sec. 34-84. Appointments and promotions of teachers.
9 Appointments and promotions of teachers shall be made for
10 merit only, and after satisfactory service for a probationary
11 period of 3 years with respect to probationary employees
12 employed as full-time teachers in the public school system of
13 the district before January 1, 1998 and 4 years with respect
14 to probationary employees who are first employed as full-time
15 teachers in the public school system of the district on or
16 after January 1, 1998 (during which period the board may
17 dismiss or discharge any such probationary employee upon the
18 recommendation, accompanied by the written reasons therefor,
19 of the general superintendent of schools) appointments of
20 teachers shall become permanent, subject to removal for cause
21 in the manner provided by Section 34-85.
22 As used in this Article, "teachers" means and includes
23 all members of the teaching force excluding the general
24 superintendent and principals.
25 There shall be no reduction in teachers because of a
26 decrease in student membership or a change in subject
27 requirements within the attendance center organization after
28 the 20th day following the first day of the school year,
29 except that: (1) this provision shall not apply to
30 desegregation positions, special education positions, or any
31 other positions funded by State or federal categorical funds,
32 and (2) at attendance centers maintaining any of grades 9
33 through 12, there may be a second reduction in teachers on
HB0452 Enrolled -166- LRB9002549THcd
1 the first day of the second semester of the regular school
2 term because of a decrease in student membership or a change
3 in subject requirements within the attendance center
4 organization.
5 The school principal shall make the decision in selecting
6 teachers to fill new and vacant positions consistent with
7 Section 34-8.1.
8 (Source: P.A. 88-338; 88-511; 89-15, eff. 5-30-95.)
9 Section 5-920. The Illinois Educational Labor Relations
10 Act is amended by changing Sections 5 and 13 as follows:
11 (115 ILCS 5/5) (from Ch. 48, par. 1705)
12 Sec. 5. Illinois Educational Labor Relations Board.
13 (a) There is hereby created the Illinois Educational Labor
14 Relations Board consisting of 5 3 members, no more than 3 2
15 of whom may be of the same political party, who are residents
16 of Illinois appointed by the Governor with the advice and
17 consent of the Senate. The Governor shall appoint to the
18 Board only persons who have had a minimum of 5 years of
19 experience directly related to labor and employment relations
20 in representing educational employers or educational
21 employees in collective bargaining matters. One appointed
22 member shall be designated at the time of his or her
23 appointment to serve as chairman. Of the 2 additional
24 members appointed pursuant to this amendatory Act of 1997,
25 one shall be designated at the time of his or her appointment
26 to serve a term of 6 years and the other shall be designated
27 at the time of his or her appointment to serve a term of 4
28 years, with each to serve until his or her successor is
29 appointed and qualified. In the event the Senate is not in
30 session at the time the 2 additional members are appointed
31 pursuant to this amendatory Act of 1997, the Governor shall
32 make those appointments as temporary appointments until the
HB0452 Enrolled -167- LRB9002549THcd
1 next meeting of the Senate when he shall appoint, by and with
2 the advice and consent of the Senate, 2 persons to fill those
3 memberships for their unexpired terms. Initial appointments
4 shall be made within 30 days of the effective date of this
5 Act. At the organizational meeting of the original Board,
6 the members shall determine by lot one member to serve for a
7 term of 6 years, one member to serve for a term of 4 years,
8 and one member to serve for a term of 2 years, with each to
9 serve until his or her successor is appointed and qualified.
10 (b) Each subsequent member shall be appointed in like
11 manner for a term of 6 years and until his or her successor
12 is appointed and qualified. Each member of the Board is
13 eligible for reappointment. Vacancies shall be filled in the
14 same manner as original appointments for the balance of the
15 unexpired term.
16 (c) The chairman shall be paid $50,000 per year, or an
17 amount set by the Compensation Review Board, whichever is
18 greater. Other members of the Board shall each be paid
19 $45,000 per year, or an amount set by the Compensation Review
20 Board, whichever is greater. They shall be entitled to
21 reimbursement for necessary traveling and other official
22 expenditures necessitated by their official duties.
23 (d) Three Two members of the Board constitute a quorum
24 and a vacancy on the board does not impair the right of the 2
25 remaining members to exercise all of the powers of the Board.
26 (e) Any member of the Board may be removed by the
27 Governor, upon notice, for neglect of duty or malfeasance in
28 office, but for no other cause.
29 (f) The Board may appoint or employ an executive
30 director, attorneys, hearing officers, and such other
31 employees as it deems necessary to perform its functions.
32 The Board shall prescribe the duties and qualifications of
33 such persons appointed and, subject to the annual
34 appropriation, fix their compensation and provide for
HB0452 Enrolled -168- LRB9002549THcd
1 reimbursement of actual and necessary expenses incurred in
2 the performance of their duties.
3 (g) The Board may promulgate rules and regulations which
4 allow parties in proceedings before the Board to be
5 represented by counsel or any other person knowledgeable in
6 the matters under consideration.
7 (h) To accomplish the objectives and to carry out the
8 duties prescribed by this Act, the Board may subpoena
9 witnesses, subpoena the production of books, papers, records
10 and documents which may be needed as evidence on any matter
11 under inquiry and may administer oaths and affirmations.
12 In cases of neglect or refusal to obey a subpoena issued
13 to any person, the circuit court in the county in which the
14 investigation or the public hearing is taking place, upon
15 application by the Board, may issue an order requiring such
16 person to appear before the Board or any member or agent of
17 the Board to produce evidence or give testimony. A failure to
18 obey such order may be punished by the court as in civil
19 contempt.
20 Any subpoena, notice of hearing, or other process or
21 notice of the Board issued under the provisions of this Act
22 may be served personally, by registered mail or by leaving a
23 copy at the principal office of the respondent required to be
24 served. A return, made and verified by the individual making
25 such service and setting forth the manner of such service, is
26 proof of service. A post office receipt, when registered mail
27 is used, is proof of service. All process of any court to
28 which application may be made under the provisions of this
29 Act may be served in the county where the persons required to
30 be served reside or may be found.
31 (i) The Board shall adopt, promulgate, amend, or rescind
32 rules and regulations in accordance with "The Illinois
33 Administrative Procedure Act", as now or hereafter amended,
34 as it deems necessary and feasible to carry out this Act.
HB0452 Enrolled -169- LRB9002549THcd
1 (j) The Board at the end of every State fiscal year
2 shall make a report in writing to the Governor and the
3 General Assembly, stating in detail the work it has done in
4 hearing and deciding cases and otherwise.
5 (Source: P.A. 85-1393.)
6 (115 ILCS 5/13) (from Ch. 48, par. 1713)
7 Sec. 13. Strikes.
8 (a) Notwithstanding the existence of any other provision
9 in this Act or other law, educational employees employed in
10 school districts organized under Article 34 of the School
11 Code shall not engage in a strike at any time during the 18
12 month period that commences on the effective date of this
13 amendatory Act of 1995. An educational employee employed in
14 a school district organized under Article 34 of the School
15 Code who participates in a strike in violation of this
16 Section is subject to discipline by the employer. In
17 addition, no educational employer organized under Article 34
18 of the School Code may pay or cause to be paid to an
19 educational employee who participates in a strike in
20 violation of this subsection any wages or other compensation
21 for any period during which an educational employee
22 participates in the strike, except for wages or compensation
23 earned before participation in the strike. Notwithstanding
24 the existence of any other provision in this Act or other
25 law, during the 18-month period that strikes are prohibited
26 under this subsection nothing in this subsection shall be
27 construed to require an educational employer to submit to a
28 binding dispute resolution process.
29 (b) Notwithstanding the existence of any other provision
30 in this Act or any other law, educational employees other
31 than those employed in a school district organized under
32 Article 34 of the School Code and, after the expiration of
33 the 18 month period that commences on the effective date of
HB0452 Enrolled -170- LRB9002549THcd
1 this amendatory Act of 1995, educational employees in a
2 school district organized under Article 34 of the School Code
3 shall not engage in a strike except under the following
4 conditions:
5 (1) they are represented by an exclusive
6 bargaining representative;
7 (2) mediation has been used without success;
8 (3) at least 10 5 days have elapsed after a notice
9 of intent to strike has been given by the exclusive
10 bargaining representative to the educational employer,
11 the regional superintendent and the Illinois Educational
12 Labor Relations Board;
13 (4) the collective bargaining agreement between
14 the educational employer and educational employees, if
15 any, has expired; and
16 (5) the employer and the exclusive bargaining
17 representative have not mutually submitted the unresolved
18 issues to arbitration.
19 If, however, in the opinion of an employer the strike is
20 or has become a clear and present danger to the health or
21 safety of the public, the employer may initiate in the
22 circuit court of the county in which such danger exists an
23 action for relief which may include, but is not limited to,
24 injunction. The court may grant appropriate relief upon the
25 finding that such clear and present danger exists. An unfair
26 practice or other evidence of lack of clean hands by the
27 educational employer is a defense to such action. Except as
28 provided for in this paragraph, the jurisdiction of the court
29 under this Section is limited by the Labor Dispute Act.
30 (Source: P.A. 89-15, eff. 5-30-95.)
31 ARTICLE 10
32 Section 10-5. The Cigarette Tax Act is amended by
HB0452 Enrolled -171- LRB9002549THcd
1 changing Section 2 as follows:
2 (35 ILCS 130/2) (from Ch. 120, par. 453.2)
3 Sec. 2. (a) A tax is imposed upon any person engaged in
4 business as a retailer of cigarettes in this State at the
5 rate of 5 1/2 mills per cigarette sold, or otherwise disposed
6 of in the course of such business in this State. In addition
7 to any other tax imposed by this Act, a tax is imposed upon
8 any person engaged in business as a retailer of cigarettes in
9 this State at a rate of 1/2 mill per cigarette sold or
10 otherwise disposed of in the course of such business in this
11 State on and after January 1, 1947, and shall be paid into
12 the Metropolitan Fair and Exposition Authority Reconstruction
13 Fund. On and after December 1, 1985, in addition to any other
14 tax imposed by this Act, a tax is imposed upon any person
15 engaged in business as a retailer of cigarettes in this State
16 at a rate of 4 mills per cigarette sold or otherwise disposed
17 of in the course of such business in this State. Of the
18 additional tax imposed by this amendatory Act of 1985,
19 $9,000,000 of the moneys received by the Department of
20 Revenue pursuant to this Act shall be paid each month into
21 the Common School Fund. On and after the effective date of
22 this amendatory Act of 1989, in addition to any other tax
23 imposed by this Act, a tax is imposed upon any person engaged
24 in business as a retailer of cigarettes at the rate of 5
25 mills per cigarette sold or otherwise disposed of in the
26 course of such business in this State. On and after the
27 effective date of this amendatory Act of 1993, in addition to
28 any other tax imposed by this Act, a tax is imposed upon any
29 person engaged in business as a retailer of cigarettes at the
30 rate of 7 mills per cigarette sold or otherwise disposed of
31 in the course of such business in this State. On and after
32 December 15, 1997, in addition to any other tax imposed by
33 this Act, a tax is imposed upon any person engaged in
HB0452 Enrolled -172- LRB9002549THcd
1 business as a retailer of cigarettes at the rate of 7 mills
2 per cigarette sold or otherwise disposed of in the course of
3 such business of this State. All of the moneys received by
4 the Department of Revenue pursuant to this Act and the
5 Cigarette Use Tax Act from the additional taxes imposed by
6 this amendatory Act of 1997, shall be paid each month into
7 the Common School Fund. The payment of such taxes shall be
8 evidenced by a stamp affixed to each original package of
9 cigarettes, or an authorized substitute for such stamp
10 imprinted on each original package of such cigarettes
11 underneath the sealed transparent outside wrapper of such
12 original package, as hereinafter provided. However, such
13 taxes are not imposed upon any activity in such business in
14 interstate commerce or otherwise, which activity may not
15 under the Constitution and statutes of the United States be
16 made the subject of taxation by this State.
17 Beginning on the effective date of this amendatory Act of
18 1993, all of the moneys received by the Department of Revenue
19 pursuant to this Act and the Cigarette Use Tax Act, other
20 than the moneys that are dedicated to the Metropolitan Fair
21 and Exposition Authority Reconstruction Fund and the Common
22 School Fund, shall be distributed each month as follows:
23 first, there shall be paid into the General Revenue Fund an
24 amount which, when added to the amount paid into the Common
25 School Fund for that month, equals $33,300,000 $25,000,000;
26 then, from the moneys remaining, if any amounts required to
27 be paid into the General Revenue Fund in previous months
28 remain unpaid, those amounts shall be paid into the General
29 Revenue Fund; then, from the moneys remaining, if any amounts
30 required to be paid into the Long-Term Care Provider Fund in
31 previous months remain unpaid, those amounts shall be paid
32 into the Long-Term Care Provider Fund; then, from the moneys
33 remaining, $9,545,000 shall be paid into the Long-Term Care
34 Provider Fund (except that not more than $105,000,000 shall
HB0452 Enrolled -173- LRB9002549THcd
1 be paid into the Long-Term Care Provider Fund in State fiscal
2 year 1994 from moneys received pursuant to this Act); and
3 finally the remaining moneys, if any, shall be paid into the
4 Hospital Provider Fund. To the extent that more than
5 $25,000,000 has been paid into the General Revenue Fund and
6 Common School Fund per month for the period of July 1, 1993
7 through the effective date of this amendatory Act of 1994
8 from combined receipts of the Cigarette Tax Act and the
9 Cigarette Use Tax Act, notwithstanding the distribution
10 provided in this Section, the Department of Revenue is hereby
11 directed to adjust the distribution provided in this Section
12 to increase the next monthly payments to the Long Term Care
13 Provider Fund by the amount paid to the General Revenue Fund
14 and Common School Fund in excess of $25,000,000 per month and
15 to decrease the next monthly payments to the General Revenue
16 Fund and Common School Fund by that same excess amount.
17 When any tax imposed herein terminates or has terminated,
18 distributors who have bought stamps while such tax was in
19 effect and who therefore paid such tax, but who can show, to
20 the Department's satisfaction, that they sold the cigarettes
21 to which they affixed such stamps after such tax had
22 terminated and did not recover the tax or its equivalent from
23 purchasers, shall be allowed by the Department to take credit
24 for such absorbed tax against subsequent tax stamp purchases
25 from the Department by such distributor.
26 The impact of the tax levied by this Act is imposed upon
27 the retailer and shall be prepaid or pre-collected by the
28 distributor for the purpose of convenience and facility only,
29 and the amount of the tax shall be added to the price of the
30 cigarettes sold by such distributor. Collection of the tax
31 shall be evidenced by a stamp or stamps affixed to each
32 original package of cigarettes, as hereinafter provided.
33 Each distributor shall collect the tax from the retailer
34 at or before the time of the sale, shall affix the stamps as
HB0452 Enrolled -174- LRB9002549THcd
1 hereinafter required, and shall remit the tax collected from
2 retailers to the Department, as hereinafter provided. Any
3 distributor who fails to properly collect and pay the tax
4 imposed by this Act shall be liable for the tax. Any
5 distributor having cigarettes to which stamps have been
6 affixed in his possession for sale on the effective date of
7 this amendatory Act of 1989 shall not be required to pay the
8 additional tax imposed by this amendatory Act of 1989 on such
9 stamped cigarettes. Any distributor having cigarettes to
10 which stamps have been affixed in his or her possession for
11 sale at 12:01 a.m. on the effective date of this amendatory
12 Act of 1993, is required to pay the additional tax imposed by
13 this amendatory Act of 1993 on such stamped cigarettes. This
14 payment, less the discount provided in subsection (b), shall
15 be due when the distributor first makes a purchase of
16 cigarette tax stamps after the effective date of this
17 amendatory Act of 1993, or on the first due date of a return
18 under this Act after the effective date of this amendatory
19 Act of 1993, whichever occurs first. Any distributor having
20 cigarettes to which stamps have been affixed in his
21 possession for sale on December 15, 1997 shall not be
22 required to pay the additional tax imposed by this amendatory
23 Act of 1997 on such stamped cigarettes.
24 The amount of the Cigarette Tax imposed by this Act shall
25 be separately stated, apart from the price of the goods, by
26 both distributors and retailers, in all advertisements, bills
27 and sales invoices.
28 (b) The distributor shall be required to collect the
29 taxes provided under paragraph (a) hereof, and, to cover the
30 costs of such collection, shall be allowed a discount during
31 any year commencing July 1st and ending the following June
32 30th in accordance with the schedule set out hereinbelow,
33 which discount shall be allowed at the time of purchase of
34 the stamps when purchase is required by this Act, or at the
HB0452 Enrolled -175- LRB9002549THcd
1 time when the tax is remitted to the Department without the
2 purchase of stamps from the Department when that method of
3 paying the tax is required or authorized by this Act. Prior
4 to December 1, 1985, a discount equal to 1 2/3% of the amount
5 of the tax up to and including the first $700,000 paid
6 hereunder by such distributor to the Department during any
7 such year; 1 1/3% of the next $700,000 of tax or any part
8 thereof, paid hereunder by such distributor to the Department
9 during any such year; 1% of the next $700,000 of tax, or any
10 part thereof, paid hereunder by such distributor to the
11 Department during any such year, and 2/3 of 1% of the amount
12 of any additional tax paid hereunder by such distributor to
13 the Department during any such year shall apply. On and after
14 December 1, 1985, a discount equal to 1.75% of the amount of
15 the tax payable under this Act up to and including the first
16 $3,000,000 paid hereunder by such distributor to the
17 Department during any such year and 1.5% of the amount of any
18 additional tax paid hereunder by such distributor to the
19 Department during any such year shall apply.
20 Two or more distributors that use a common means of
21 affixing revenue tax stamps or that are owned or controlled
22 by the same interests shall be treated as a single
23 distributor for the purpose of computing the discount.
24 (c) The taxes herein imposed are in addition to all
25 other occupation or privilege taxes imposed by the State of
26 Illinois, or by any political subdivision thereof, or by any
27 municipal corporation.
28 (Source: P.A. 88-88; 88-535.)
29 Section 10-10. The Cigarette Use Tax Act is amended by
30 changing Section 2 as follows:
31 (35 ILCS 135/2) (from Ch. 120, par. 453.32)
32 Sec. 2. A tax is imposed upon the privilege of using
HB0452 Enrolled -176- LRB9002549THcd
1 cigarettes in this State, at the rate of 6 mills per
2 cigarette so used. On and after December 1, 1985, in addition
3 to any other tax imposed by this Act, a tax is imposed upon
4 the privilege of using cigarettes in this State at a rate of
5 4 mills per cigarette so used. On and after the effective
6 date of this amendatory Act of 1989, in addition to any other
7 tax imposed by this Act, a tax is imposed upon the privilege
8 of using cigarettes in this State at the rate of 5 mills per
9 cigarette so used. On and after the effective date of this
10 amendatory Act of 1993, in addition to any other tax imposed
11 by this Act, a tax is imposed upon the privilege of using
12 cigarettes in this State at a rate of 7 mills per cigarette
13 so used. On and after December 15, 1997, in addition to any
14 other tax imposed by this Act, a tax is imposed upon the
15 privilege of using cigarettes in this State at a rate of 7
16 mills per cigarette so used. The taxes herein imposed shall
17 be in addition to all other occupation or privilege taxes
18 imposed by the State of Illinois or by any political
19 subdivision thereof or by any municipal corporation.
20 When any tax imposed herein terminates or has terminated,
21 distributors who have bought stamps while such tax was in
22 effect and who therefore paid such tax, but who can show, to
23 the Department's satisfaction, that they sold the cigarettes
24 to which they affixed such stamps after such tax had
25 terminated and did not recover the tax or its equivalent from
26 purchasers, shall be allowed by the Department to take credit
27 for such absorbed tax against subsequent tax stamp purchases
28 from the Department by such distributors.
29 When the word "tax" is used in this Act, it shall include
30 any tax or tax rate imposed by this Act and shall mean the
31 singular of "tax" or the plural "taxes" as the context may
32 require.
33 Any distributor having cigarettes to which stamps have
34 been affixed in his possession for sale on the effective date
HB0452 Enrolled -177- LRB9002549THcd
1 of this amendatory Act of 1989 shall not be required to pay
2 the additional tax imposed by this amendatory Act of 1989 on
3 such stamped cigarettes. Any distributor having cigarettes to
4 which stamps have been affixed in his or her possession for
5 sale at 12:01 a.m. on the effective date of this amendatory
6 Act of 1993, is required to pay the additional tax imposed by
7 this amendatory Act of 1993 on such stamped cigarettes. This
8 payment shall be due when the distributor first makes a
9 purchase of cigarette tax stamps after the effective date of
10 this amendatory Act of 1993, or on the first due date of a
11 return under this Act after the effective date of this
12 amendatory Act of 1993, whichever occurs first. Once a
13 distributor tenders payment of the additional tax to the
14 Department, the distributor may purchase stamps from the
15 Department. Any distributor having cigarettes to which
16 stamps have been affixed in his possession for sale on
17 December 15, 1997 shall not be required to pay the additional
18 tax imposed by this amendatory Act of 1997 on such stamped
19 cigarettes.
20 (Source: P.A. 88-88.)
21 Section 10-15. The Telecommunications Excise Tax Act is
22 amended by changing Sections 3, 4, and 6 as follows:
23 (35 ILCS 630/3) (from Ch. 120, par. 2003)
24 Sec. 3. Until December 31, 1997, a tax is imposed upon
25 the act or privilege of originating or receiving intrastate
26 telecommunications by a person in this State at the rate of
27 5% of the gross charge for such telecommunications purchased
28 at retail from a retailer by such person. Beginning January
29 1, 1998, a tax is imposed upon the act or privilege of
30 originating in this State or receiving in this State
31 intrastate telecommunications by a person in this State at
32 the rate of 7% of the gross charge for such
HB0452 Enrolled -178- LRB9002549THcd
1 telecommunications purchased at retail from a retailer by
2 such person. However, such tax is not imposed on the act or
3 privilege to the extent such act or privilege may not, under
4 the Constitution and statutes of the United States, be made
5 the subject of taxation by the State.
6 (Source: P.A. 84-1295.)
7 (35 ILCS 630/4) (from Ch. 120, par. 2004)
8 Sec. 4. Until December 31, 1997, a tax is imposed upon
9 the act or privilege of originating in this State or
10 receiving in this State interstate telecommunications by a
11 person in this State at the rate of 5% of the gross charge
12 for such telecommunications purchased at retail from a
13 retailer by such person. Beginning January 1, 1998, a tax is
14 imposed upon the act or privilege of originating in this
15 State or receiving in this State interstate
16 telecommunications by a person in this State at the rate of
17 7% of the gross charge for such telecommunications purchased
18 at retail from a retailer by such person. To prevent actual
19 multi-state taxation of the act or privilege that is subject
20 to taxation under this paragraph, any taxpayer, upon proof
21 that that taxpayer has paid a tax in another state on such
22 event, shall be allowed a credit against the tax imposed in
23 this Section 4 to the extent of the amount of such tax
24 properly due and paid in such other state. However, such tax
25 is not imposed on the act or privilege to the extent such act
26 or privilege may not, under the Constitution and statutes of
27 the United States, be made the subject of taxation by the
28 State.
29 (Source: P.A. 84-1295.)
30 (35 ILCS 630/6) (from Ch. 120, par. 2006)
31 Sec. 6. Except as provided hereinafter in this Section,
32 on or before the 15th day of each month each retailer
HB0452 Enrolled -179- LRB9002549THcd
1 maintaining a place of business in this State shall make a
2 return to the Department for the preceding calendar month,
3 stating:
4 1. His name;
5 2. The address of his principal place of business,
6 and the address of the principal place of business (if
7 that is a different address) from which he engages in the
8 business of transmitting telecommunications;
9 3. Total amount of gross charges billed by him
10 during the preceding calendar month for providing
11 telecommunications during such calendar month;
12 4. Total amount received by him during the
13 preceding calendar month on credit extended;
14 5. Deductions allowed by law;
15 6. Gross charges which were billed by him during
16 the preceding calendar month and upon the basis of which
17 the tax is imposed;
18 7. Amount of tax (computed upon Item 6);
19 8. Such other reasonable information as the
20 Department may require.
21 Any taxpayer required to make payments under this Section
22 may make the payments by electronic funds transfer. The
23 Department shall adopt rules necessary to effectuate a
24 program of electronic funds transfer.
25 If the retailer's average monthly tax billings due to the
26 Department do not exceed $100, the Department may authorize
27 his returns to be filed on a quarter annual basis, with the
28 return for January, February and March of a given year being
29 due by April 15 of such year; with the return for April, May
30 and June of a given year being due by July 15 of such year;
31 with the return for July, August and September of a given
32 year being due by October 15 of such year; and with the
33 return of October, November and December of a given year
34 being due by January 15 of the following year.
HB0452 Enrolled -180- LRB9002549THcd
1 Notwithstanding any other provision of this Article
2 containing the time within which a retailer may file his
3 return, in the case of any retailer who ceases to engage in a
4 kind of business which makes him responsible for filing
5 returns under this Article, such retailer shall file a final
6 return under this Article with the Department not more than
7 one month after discontinuing such business.
8 In making such return, the retailer shall determine the
9 value of any consideration other than money received by him
10 and he shall include such value in his return. Such
11 determination shall be subject to review and revision by the
12 Department in the manner hereinafter provided for the
13 correction of returns.
14 Each retailer whose average monthly liability to the
15 Department under this Article was $10,000 or more during the
16 preceding calendar year, excluding the month of highest
17 liability and the month of lowest liability in such calendar
18 year, and who is not operated by a unit of local government,
19 shall make estimated payments to the Department on or before
20 the 7th, 15th, 22nd and last day of the month during which
21 tax collection liability to the Department is incurred in an
22 amount not less than the lower of either 22.5% of the
23 retailer's actual tax collections for the month or 25% of the
24 retailer's actual tax collections for the same calendar month
25 of the preceding year. The amount of such quarter monthly
26 payments shall be credited against the final liability of the
27 retailer's return for that month. Any outstanding credit,
28 approved by the Department, arising from the retailer's
29 overpayment of its final liability for any month may be
30 applied to reduce the amount of any subsequent quarter
31 monthly payment or credited against the final liability of
32 the retailer's return for any subsequent month. If any
33 quarter monthly payment is not paid at the time or in the
34 amount required by this Section, the retailer shall be liable
HB0452 Enrolled -181- LRB9002549THcd
1 for penalty and interest on the difference between the
2 minimum amount due as a payment and the amount of such
3 payment actually and timely paid, except insofar as the
4 retailer has previously made payments for that month to the
5 Department in excess of the minimum payments previously due.
6 If the Director finds that the information required for
7 the making of an accurate return cannot reasonably be
8 compiled by a retailer within 15 days after the close of the
9 calendar month for which a return is to be made, he may grant
10 an extension of time for the filing of such return for a
11 period of not to exceed 31 calendar days. The granting of
12 such an extension may be conditioned upon the deposit by the
13 retailer with the Department of an amount of money not
14 exceeding the amount estimated by the Director to be due with
15 the return so extended. All such deposits, including any
16 heretofore made with the Department, shall be credited
17 against the retailer's liabilities under this Article. If
18 any such deposit exceeds the retailer's present and probable
19 future liabilities under this Article, the Department shall
20 issue to the retailer a credit memorandum, which may be
21 assigned by the retailer to a similar retailer under this
22 Article, in accordance with reasonable rules and regulations
23 to be prescribed by the Department.
24 The retailer making the return herein provided for shall,
25 at the time of making such return, pay to the Department the
26 amount of tax herein imposed. On and after the effective date
27 of this Article of 1985, $1,000,000 of the moneys received by
28 the Department of Revenue pursuant to this Article shall be
29 paid each month into the Common School Fund and the remainder
30 into the General Revenue Fund. On and after February 1, 1998,
31 however, of the moneys received by the Department of Revenue
32 pursuant to the additional taxes imposed by this amendatory
33 Act of 1997 one-half shall be deposited into the School
34 Infrastructure Fund and one-half shall be deposited into the
HB0452 Enrolled -182- LRB9002549THcd
1 Common School Fund.
2 (Source: P.A. 90-16, eff. 6-16-97.)
3 Section 10-20. The Uniform Penalty and Interest Act is
4 amended by changing Section 3-3 as follows:
5 (35 ILCS 735/3-3) (from Ch. 120, par. 2603-3)
6 (Text of Section before amendment by P.A. 90-491)
7 Sec. 3-3. Penalty for failure to file or pay.
8 (a) This subsection (a) is applicable before January 1,
9 1996. A penalty of 5% of the tax required to be shown due on
10 a return shall be imposed for failure to file the tax return
11 on or before the due date prescribed for filing determined
12 with regard for any extension of time for filing (penalty for
13 late filing or nonfiling). If any unprocessable return is
14 corrected and filed within 21 days after notice by the
15 Department, the late filing or nonfiling penalty shall not
16 apply. If a penalty for late filing or nonfiling is imposed
17 in addition to a penalty for late payment, the total penalty
18 due shall be the sum of the late filing penalty and the
19 applicable late payment penalty. Beginning on the effective
20 date of this amendatory Act of 1995, in the case of any type
21 of tax return required to be filed more frequently than
22 annually, when the failure to file the tax return on or
23 before the date prescribed for filing (including any
24 extensions) is shown to be nonfraudulent and has not occurred
25 in the 2 years immediately preceding the failure to file on
26 the prescribed due date, the penalty imposed by section
27 3-3(a) shall be abated.
28 (a-5) This subsection (a-5) is applicable on and after
29 January 1, 1996. A penalty equal to 2% of the tax required to
30 be shown due on a return, up to a maximum amount of $250,
31 determined without regard to any part of the tax that is paid
32 on time or by any credit that was properly allowable on the
HB0452 Enrolled -183- LRB9002549THcd
1 date the return was required to be filed, shall be imposed
2 for failure to file the tax return on or before the due date
3 prescribed for filing determined with regard for any
4 extension of time for filing. However, if any return is not
5 filed within 30 days after notice of nonfiling mailed by the
6 Department to the last known address of the taxpayer
7 contained in Department records, an additional penalty amount
8 shall be imposed equal to the greater of $250 or 2% of the
9 tax shown on the return. However, the additional penalty
10 amount may not exceed $5,000 and is determined without regard
11 to any part of the tax that is paid on time or by any credit
12 that was properly allowable on the date the return was
13 required to be filed (penalty for late filing or nonfiling).
14 If any unprocessable return is corrected and filed within 30
15 days after notice by the Department, the late filing or
16 nonfiling penalty shall not apply. If a penalty for late
17 filing or nonfiling is imposed in addition to a penalty for
18 late payment, the total penalty due shall be the sum of the
19 late filing penalty and the applicable late payment penalty.
20 In the case of any type of tax return required to be filed
21 more frequently than annually, when the failure to file the
22 tax return on or before the date prescribed for filing
23 (including any extensions) is shown to be nonfraudulent and
24 has not occurred in the 2 years immediately preceding the
25 failure to file on the prescribed due date, the penalty
26 imposed by section 3-3(a) shall be abated.
27 (b) This subsection is applicable before January 1,
28 1998. A penalty of 15% of the tax shown on the return or the
29 tax required to be shown due on the return shall be imposed
30 for failure to pay:
31 (1) the tax shown due on the return on or before
32 the due date prescribed for payment of that tax, an
33 amount of underpayment of estimated tax, or an amount
34 that is reported in an amended return other than an
HB0452 Enrolled -184- LRB9002549THcd
1 amended return timely filed as required by subsection (b)
2 of Section 506 of the Illinois Income Tax Act (penalty
3 for late payment or nonpayment of admitted liability); or
4 (2) the full amount of any tax required to be shown
5 due on a return and which is not shown (penalty for late
6 payment or nonpayment of additional liability), within 30
7 days after a notice of arithmetic error, notice and
8 demand, or a final assessment is issued by the
9 Department. In the case of a final assessment arising
10 following a protest and hearing, the 30-day period shall
11 not begin until all proceedings in court for review of
12 the final assessment have terminated or the period for
13 obtaining a review has expired without proceedings for a
14 review having been instituted. In the case of a notice
15 of tax liability that becomes a final assessment without
16 a protest and hearing, the penalty provided in this
17 paragraph (2) shall be imposed at the expiration of the
18 period provided for the filing of a protest.
19 (b-5) This subsection is applicable on and after January
20 1, 1998. A penalty of 20% of the tax shown on the return or
21 the tax required to be shown due on the return shall be
22 imposed for failure to pay:
23 (1) the tax shown due on the return on or before
24 the due date prescribed for payment of that tax, an
25 amount of underpayment of estimated tax, or an amount
26 that is reported in an amended return other than an
27 amended return timely filed as required by subsection (b)
28 of Section 506 of the Illinois Income Tax Act (penalty
29 for late payment or nonpayment of admitted liability); or
30 (2) the full amount of any tax required to be shown
31 due on a return and which is not shown (penalty for late
32 payment or nonpayment of additional liability), within 30
33 days after a notice of arithmetic error, notice and
34 demand, or a final assessment is issued by the
HB0452 Enrolled -185- LRB9002549THcd
1 Department. In the case of a final assessment arising
2 following a protest and hearing, the 30-day period shall
3 not begin until all proceedings in court for review of
4 the final assessment have terminated or the period for
5 obtaining a review has expired without proceedings for a
6 review having been instituted. In the case of a notice
7 of tax liability that becomes a final assessment without
8 a protest and hearing, the penalty provided in this
9 paragraph (2) shall be imposed at the expiration of the
10 period provided for the filing of a protest.
11 (c) For purposes of the late payment penalties, the
12 basis of the penalty shall be the tax shown or required to be
13 shown on a return, whichever is applicable, reduced by any
14 part of the tax which is paid on time and by any credit which
15 was properly allowable on the date the return was required to
16 be filed.
17 (d) A penalty shall be applied to the tax required to be
18 shown even if that amount is less than the tax shown on the
19 return.
20 (e) If both a subsection (b)(1) penalty and a subsection
21 (b)(2) penalty are assessed against the same return, the
22 subsection (b)(2) penalty shall be assessed against only the
23 additional tax found to be due.
24 (f) If the taxpayer has failed to file the return, the
25 Department shall determine the correct tax according to its
26 best judgment and information, which amount shall be prima
27 facie evidence of the correctness of the tax due.
28 (g) The time within which to file a return or pay an
29 amount of tax due without imposition of a penalty does not
30 extend the time within which to file a protest to a notice of
31 tax liability or a notice of deficiency.
32 (Source: P.A. 88-480; 89-379, eff. 8-18-95; 89-436, eff.
33 1-1-96.)
34 (Text of Section after amendment by P.A. 90-491)
HB0452 Enrolled -186- LRB9002549THcd
1 Sec. 3-3. Penalty for failure to file or pay.
2 (a) This subsection (a) is applicable before January 1,
3 1996. A penalty of 5% of the tax required to be shown due on
4 a return shall be imposed for failure to file the tax return
5 on or before the due date prescribed for filing determined
6 with regard for any extension of time for filing (penalty for
7 late filing or nonfiling). If any unprocessable return is
8 corrected and filed within 21 days after notice by the
9 Department, the late filing or nonfiling penalty shall not
10 apply. If a penalty for late filing or nonfiling is imposed
11 in addition to a penalty for late payment, the total penalty
12 due shall be the sum of the late filing penalty and the
13 applicable late payment penalty. Beginning on the effective
14 date of this amendatory Act of 1995, in the case of any type
15 of tax return required to be filed more frequently than
16 annually, when the failure to file the tax return on or
17 before the date prescribed for filing (including any
18 extensions) is shown to be nonfraudulent and has not occurred
19 in the 2 years immediately preceding the failure to file on
20 the prescribed due date, the penalty imposed by section
21 3-3(a) shall be abated.
22 (a-5) This subsection (a-5) is applicable on and after
23 January 1, 1996. A penalty equal to 2% of the tax required to
24 be shown due on a return, up to a maximum amount of $250,
25 determined without regard to any part of the tax that is paid
26 on time or by any credit that was properly allowable on the
27 date the return was required to be filed, shall be imposed
28 for failure to file the tax return on or before the due date
29 prescribed for filing determined with regard for any
30 extension of time for filing. However, if any return is not
31 filed within 30 days after notice of nonfiling mailed by the
32 Department to the last known address of the taxpayer
33 contained in Department records, an additional penalty amount
34 shall be imposed equal to the greater of $250 or 2% of the
HB0452 Enrolled -187- LRB9002549THcd
1 tax shown on the return. However, the additional penalty
2 amount may not exceed $5,000 and is determined without regard
3 to any part of the tax that is paid on time or by any credit
4 that was properly allowable on the date the return was
5 required to be filed (penalty for late filing or nonfiling).
6 If any unprocessable return is corrected and filed within 30
7 days after notice by the Department, the late filing or
8 nonfiling penalty shall not apply. If a penalty for late
9 filing or nonfiling is imposed in addition to a penalty for
10 late payment, the total penalty due shall be the sum of the
11 late filing penalty and the applicable late payment penalty.
12 In the case of any type of tax return required to be filed
13 more frequently than annually, when the failure to file the
14 tax return on or before the date prescribed for filing
15 (including any extensions) is shown to be nonfraudulent and
16 has not occurred in the 2 years immediately preceding the
17 failure to file on the prescribed due date, the penalty
18 imposed by section 3-3(a) shall be abated.
19 (b) This subsection is applicable before January 1,
20 1998. A penalty of 15% of the tax shown on the return or the
21 tax required to be shown due on the return shall be imposed
22 for failure to pay:
23 (1) the tax shown due on the return on or before
24 the due date prescribed for payment of that tax, an
25 amount of underpayment of estimated tax, or an amount
26 that is reported in an amended return other than an
27 amended return timely filed as required by subsection (b)
28 of Section 506 of the Illinois Income Tax Act (penalty
29 for late payment or nonpayment of admitted liability); or
30 (2) the full amount of any tax required to be shown
31 due on a return and which is not shown (penalty for late
32 payment or nonpayment of additional liability), within 30
33 days after a notice of arithmetic error, notice and
34 demand, or a final assessment is issued by the
HB0452 Enrolled -188- LRB9002549THcd
1 Department. In the case of a final assessment arising
2 following a protest and hearing, the 30-day period shall
3 not begin until all proceedings in court for review of
4 the final assessment have terminated or the period for
5 obtaining a review has expired without proceedings for a
6 review having been instituted. In the case of a notice
7 of tax liability that becomes a final assessment without
8 a protest and hearing, the penalty provided in this
9 paragraph (2) shall be imposed at the expiration of the
10 period provided for the filing of a protest.
11 (b-5) This subsection is applicable on and after January
12 1, 1998. A penalty of 20% of the tax shown on the return or
13 the tax required to be shown due on the return shall be
14 imposed for failure to pay:
15 (1) the tax shown due on the return on or before
16 the due date prescribed for payment of that tax, an
17 amount of underpayment of estimated tax, or an amount
18 that is reported in an amended return other than an
19 amended return timely filed as required by subsection (b)
20 of Section 506 of the Illinois Income Tax Act (penalty
21 for late payment or nonpayment of admitted liability); or
22 (2) the full amount of any tax required to be shown
23 due on a return and which is not shown (penalty for late
24 payment or nonpayment of additional liability), within 30
25 days after a notice of arithmetic error, notice and
26 demand, or a final assessment is issued by the
27 Department. In the case of a final assessment arising
28 following a protest and hearing, the 30-day period shall
29 not begin until all proceedings in court for review of
30 the final assessment have terminated or the period for
31 obtaining a review has expired without proceedings for a
32 review having been instituted. In the case of a notice
33 of tax liability that becomes a final assessment without
34 a protest and hearing, the penalty provided in this
HB0452 Enrolled -189- LRB9002549THcd
1 paragraph (2) shall be imposed at the expiration of the
2 period provided for the filing of a protest.
3 (c) For purposes of the late payment penalties, the
4 basis of the penalty shall be the tax shown or required to be
5 shown on a return, whichever is applicable, reduced by any
6 part of the tax which is paid on time and by any credit which
7 was properly allowable on the date the return was required to
8 be filed.
9 (d) A penalty shall be applied to the tax required to be
10 shown even if that amount is less than the tax shown on the
11 return.
12 (e) If both a subsection (b)(1) penalty and a subsection
13 (b)(2) penalty are assessed against the same return, the
14 subsection (b)(2) penalty shall be assessed against only the
15 additional tax found to be due.
16 (f) If the taxpayer has failed to file the return, the
17 Department shall determine the correct tax according to its
18 best judgment and information, which amount shall be prima
19 facie evidence of the correctness of the tax due.
20 (g) The time within which to file a return or pay an
21 amount of tax due without imposition of a penalty does not
22 extend the time within which to file a protest to a notice of
23 tax liability or a notice of deficiency.
24 (h) No return shall be determined to be unprocessable
25 because of the omission of any information requested on the
26 return pursuant to Section 39b53 of the Civil Administrative
27 Code of Illinois.
28 (Source: P.A. 89-379, eff. 8-18-95; 89-436, eff. 1-1-96;
29 90-491, eff. 1-1-98.)
30 Section 10-25. The Riverboat Gambling Act is amended by
31 changing Section 13 as follows:
32 (230 ILCS 10/13) (from Ch. 120, par. 2413)
HB0452 Enrolled -190- LRB9002549THcd
1 Sec. 13. Wagering tax; rate; distribution.
2 (a) Until January 1, 1998, a tax is imposed on the
3 adjusted gross receipts received from gambling games
4 authorized under this Act at the rate of 20%.
5 Beginning January 1, 1998, a privilege tax is imposed on
6 persons engaged in the business of conducting riverboat
7 gambling operations, based on the adjusted gross receipts
8 received by a licensed owner from gambling games authorized
9 under this Act at the following rates:
10 15% of annual adjusted gross receipts up to and
11 including $25,000,000;
12 20% of annual adjusted gross receipts in excess of
13 $25,000,000 but not exceeding $50,000,000;
14 25% of annual adjusted gross receipts in excess of
15 $50,000,000 but not exceeding $75,000,000;
16 30% of annual adjusted gross receipts in excess of
17 $75,000,000 but not exceeding $100,000,000;
18 35% of annual adjusted gross receipts in excess of
19 $100,000,000.
20 The taxes imposed by this Section shall be paid by the
21 licensed owner to the Board not later than 3:00 o'clock p.m.
22 of the day after the close of the day when the wagers were
23 made.
24 (b) Until January 1, 1998, Twenty-five percent (25%) of
25 the tax revenue deposited in the State Gaming Fund under this
26 Section shall be paid, subject to appropriation by the
27 General Assembly, to the unit of local government which is
28 designated as the home dock of the riverboat. Beginning
29 January 1, 1998, from the tax revenue deposited in the State
30 Gaming Fund under this Section, an amount equal to 5% of
31 adjusted gross receipts generated by a riverboat shall be
32 paid monthly, subject to appropriation by the General
33 Assembly, to the unit of local government that is designated
34 as the home dock of the riverboat.
HB0452 Enrolled -191- LRB9002549THcd
1 (c) Appropriations, as approved by the General Assembly,
2 may be made from the State Gaming Fund to the Department of
3 Revenue and the Department of State Police for the
4 administration and enforcement of this Act.
5 (d) From time to time, the Board shall transfer the
6 remainder of the funds generated by this Act into the
7 Education Assistance Fund, created by Public Act 86-0018, of
8 the State of Illinois.
9 (e) Nothing in this Act shall prohibit the unit of local
10 government designated as the home dock of the riverboat from
11 entering into agreements with other units of local government
12 in this State or in other states to share its portion of the
13 tax revenue.
14 (f) To the extent practicable, the Board shall
15 administer and collect the wagering taxes imposed by this
16 Section in a manner consistent with the provisions of
17 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
18 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and
19 Section 3-7 of the Uniform Penalty and Interest Act.
20 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 7-1-95.)
21 ARTICLE 15
22 Section 15-5. Short title. This Article may be cited as
23 the General State Aid Continuing Appropriation Law.
24 Section 15-10. Annual budget; recommendation. The
25 Governor shall include a Common School Fund recommendation to
26 the State Board of Education in the fiscal year 1999 through
27 2001 annual Budgets sufficient to fund the General State Aid
28 Formula set forth in Subsection E (Computation of General
29 State Aid) and Subsection H (Supplemental General State Aid)
30 of Section 18-8.05 of the School Code.
HB0452 Enrolled -192- LRB9002549THcd
1 Section 15-15. General State Aid Formula; Funding. The
2 General Assembly shall annually make Common School Fund
3 appropriations to the State Board of Education in fiscal
4 years 1999 through 2001 sufficient to fund the General State
5 Aid Formula set forth in Subsection E (Computation of General
6 State Aid) and Subsection H (Supplemental General State Aid)
7 of Section 18-8.05 of the School Code.
8 Section 15-20. Continuing appropriation. If the General
9 Assembly fails to make Common School Fund appropriations to
10 the State Board of Education in fiscal years 1999 through
11 2001 sufficient to fund the General State Aid Formula set
12 forth in Subsection E (Computation of General State Aid) and
13 Subsection H (Supplemental General State Aid) of Section
14 18-8.05 of the School Code, this Article shall constitute an
15 irrevocable and continuing appropriation from the Common
16 School Fund of all amounts necessary for that purpose.
17 Section 15-25. Repeal. This Article is repealed June
18 30, 2001.
19 ARTICLE 925
20 Section 925-5. No acceleration or delay. Where this Act
21 makes changes in a statute that is represented in this Act by
22 text that is not yet or no longer in effect (for example, a
23 Section represented by multiple versions), the use of that
24 text does not accelerate or delay the taking effect of (i)
25 the changes made by this Act or (ii) provisions derived from
26 any other Public Act.
27 ARTICLE 950
28 Section 950-5. Severability and inseverability.
HB0452 Enrolled -193- LRB9002549THcd
1 (a) If any provision of this Act, other than Article 10,
2 or the application of any provision of this Act, other than a
3 provision of Article 10, to any person or circumstance is
4 held invalid, the invalidity of that provision or application
5 does not affect other provisions or applications of this Act
6 that can be given effect without the invalid provision or
7 application.
8 (b) Each provision of Article 10 is mutually dependent
9 upon and inseverable from each other provision of that
10 Article. If any provision of Article 10 or its application
11 to any person or circumstance is held invalid, then all of
12 Article 10 is invalid.
13 (c) If Article 10 or any provision of that Article or
14 the application of that Article or provision of that Article
15 to any other person or circumstance is held invalid, the
16 invalidity of that Article or provision does not affect any
17 other Article of this Act or any provision of any such other
18 Article that can be given effect without the invalid
19 provision or application.
20 ARTICLE 990
21 Section 990-5. Effective date. This Act takes effect
22 upon becoming law, except that (i) all provisions of Article
23 5, other than the changes made by Section 5-910 to the
24 Illinois Pension Code and other than the changes to Sections
25 18-7 and 18-8 of and the addition of Section 18-8.05 to the
26 School Code, take effect January 1, 1998, (ii) the changes
27 made by Section 5-910 to the Illinois Pension Code and the
28 changes to Sections 18-7 and 18-8 of the School Code take
29 effect upon becoming a law, and (iii) the addition of Section
30 18-8.05 to the School Code takes effect July 1, 1998.