[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_HB0654sam002
LRB9003157THpkam01
1 AMENDMENT TO HOUSE BILL 654
2 AMENDMENT NO. . Amend House Bill 654, AS AMENDED, by
3 replacing the title with the following:
4 "AN ACT relating to education, amending named Acts."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "ARTICLE 5
8 Section 5-1. Short title. This Article may be cited as
9 the School Construction Law.
10 Section 5-5. Definitions. As used in this Article:
11 "Approved school construction bonds" mean bonds that were
12 approved by referendum after January 1, 1996 but prior to
13 January 1, 1998 as provided in Sections 19-2 through 19-7 of
14 the School Code to provide funds for the acquisition,
15 development, construction, reconstruction, rehabilitation,
16 improvement, architectural planning, and installation of
17 capital facilities consisting of buildings, structures,
18 durable-equipment, and land for educational purposes.
19 "Grant index" means a figure for each school district
20 equal to one minus the ratio of the district's equalized
-2- LRB9003157THpkam01
1 assessed valuation per pupil in average daily attendance to
2 the equalized assessed valuation per pupil in average daily
3 attendance of the district located at the 90th percentile for
4 all districts of the same type. The grant index shall be no
5 less than 0.35 and no greater than 0.75 for each district;
6 provided that the grant index for districts whose equalized
7 assessed valuation per pupil in average daily attendance is
8 at the 99th percentile and above for all districts of the
9 same type shall be 0.00.
10 "School construction project" means the acquisition,
11 development, construction, reconstruction, rehabilitation,
12 improvement, architectural planning, and installation of
13 capital facilities consisting of buildings, structures,
14 durable equipment, and land for educational purposes.
15 Section 5-10. Grant awards. The Capital Development
16 Board is authorized to make grants to school districts for
17 school construction projects with funds appropriated by the
18 General Assembly from the School Infrastructure Fund
19 pursuant to the provisions of this Article. The State Board
20 of Education is authorized to make grants to school districts
21 for debt service with funds appropriated by the General
22 Assembly from the School Infrastructure Fund pursuant to the
23 provisions of this Article.
24 Section 5-15. Grant entitlements. The State Board of
25 Education is authorized to issue grant entitlements for
26 school construction projects and debt service and shall
27 determine the priority order for school construction project
28 grants to be made by the Capital Development Board.
29 Section 5-20. Grant application; district facilities
30 plan. School districts shall apply to the State Board of
31 Education for school construction project grants and debt
-3- LRB9003157THpkam01
1 service grants. Districts filing grant applications shall
2 submit to the State Board a district facilities plan that
3 shall include, but not be limited to, an assessment of
4 present and future district facility needs as required by
5 present and anticipated educational programming, the
6 availability of local financial resources including current
7 revenues, fund balances, and unused bonding capacity, a
8 fiscal plan for meeting present and anticipated debt service
9 obligations, and a maintenance plan and schedule that contain
10 necessary assurances that new, renovated, and existing
11 facilities are being or will be properly maintained. The
12 State Board of Education shall review and approve district
13 facilities plans prior to issuing grant entitlements. Each
14 district that receives a grant entitlement shall annually
15 update its district facilities plan and submit the revised
16 plan to the State Board for approval.
17 Section 5-25. Eligibility and project standards.
18 (a) The State Board of Education shall establish
19 eligibility standards for school construction project grants
20 and debt service grants. These standards shall include
21 minimum enrollment requirements for eligibility for school
22 construction project grants of 200 students for elementary
23 districts, 200 students for high school districts, and 400
24 students for unit districts. The State Board of Education
25 shall approve a district's eligibility for a school
26 construction project grant or a debt service grant pursuant
27 to the established standards.
28 (b) The Capital Development Board shall establish
29 project standards for all school construction project grants
30 provided pursuant to this Article. These standards shall
31 include space and capacity standards as well as the
32 determination of recognized project costs that shall be
33 eligible for State financial assistance and enrichment costs
-4- LRB9003157THpkam01
1 that shall not be eligible for State financial assistance.
2 Section 5-30. Priority of school construction projects.
3 The State Board of Education shall develop standards for the
4 determination of priority needs concerning school
5 construction projects based upon approved district facilities
6 plans. Such standards shall call for prioritization based on
7 the degree of need and project type in the following order:
8 (1) Replacement or reconstruction of school buildings
9 destroyed or damaged by flood, tornado, fire, earthquake, or
10 other disasters, either man-made or produced by nature;
11 (2) Projects designed to alleviate a shortage of
12 classrooms due to population growth or to replace aging
13 school buildings;
14 (3) Projects resulting from interdistrict reorganization
15 of school districts contingent on local referenda;
16 (4) Replacement or reconstruction of school facilities
17 determined to be severe and continuing health or life safety
18 hazards;
19 (5) Alterations necessary to provide accessibility for
20 qualified individuals with disabilities; and
21 (6) Other unique solutions to facility needs.
22 Section 5-35. School construction project grant
23 amounts-Prohibited use.
24 (a) The product of the district's grant index and the
25 recognized project cost, as determined by the Capital
26 Development Board, for an approved school construction
27 project shall equal the amount of the grant the Capital
28 Development Board shall provide to the eligible district.
29 The grant index shall not be used in cases where the General
30 Assembly and the Governor approve appropriations designated
31 for specifically identified school district construction
32 projects.
-5- LRB9003157THpkam01
1 (b) In each fiscal year in which school construction
2 project grants are awarded, 20% of the total amount awarded
3 statewide shall be awarded to a school district with a
4 population exceeding 500,000, provided such district complies
5 with the provisions of this Article.
6 (c) No portion of a school construction project grant
7 awarded by the Capital Development Board shall be used by a
8 school district for any on-going operational costs.
9 Section 5-40. Supervision of school construction
10 projects. The Capital Development Board shall exercise
11 general supervision over school construction projects
12 financed pursuant to this Article.
13 Section 5-45. Debt service grants. School districts
14 that have issued approved school construction bonds shall be
15 eligible to apply for debt service grants. The amount
16 awarded to eligible districts for debt service grants shall
17 be equal to 10% of the principal amount of approved school
18 construction bonds issued by the district times the grant
19 index for the district. Debt service grants shall only be
20 used by school districts to: retire principal of approved
21 school construction bonds, restructure the debt service on
22 such bonds, or abate the property taxes levied for the
23 district's bond and interest fund by an amount identical to
24 the amount of the debt service grant. No debt service grants
25 shall be awarded by the State Board of Education after June
26 30, 1999.
27 Section 5-50. Referendum requirements. After the State
28 Board of Education has approved all or part of a district's
29 application and issued a grant entitlement for a school
30 construction project grant, the district shall submit the
31 project or the financing of the project to a referendum when
-6- LRB9003157THpkam01
1 such referendum is required by law.
2 Section 5-55. Rules.
3 (a) The Capital Development Board shall promulgate such
4 rules as it deems necessary for carrying out its
5 responsibilities under the provisions of this Article.
6 (b) The State Board of Education shall promulgate such
7 rules as it deems necessary for carrying out its
8 responsibilities under the provisions of this Article.
9 (20 ILCS 3105/Art. 1A rep.)
10 Section 5-900. The Capital Development Board Act is
11 amended by repealing Article 1A.
12 Section 5-905. The State Finance Act is amended by
13 adding Sections 5.500, 5.505, and 6z-45 as follows:
14 (30 ILCS 105/5.500 new)
15 Sec. 5.500. The School Infrastructure Fund.
16 (30 ILCS 105/5.505 new)
17 Sec. 5.505. The School Technology Revolving Loan Fund.
18 (30 ILCS 105/6z-45 new)
19 Sec. 6z-45. The School Infrastructure Fund. The School
20 Infrastructure Fund is created as a special fund in the State
21 Treasury. Subject to appropriation, money in the School
22 Infrastructure Fund shall, if and when the State of Illinois
23 incurs any bonded indebtedness for the construction of school
24 improvements under the School Construction Act, be set aside
25 and used for the purpose of paying and discharging annually
26 the principal and interest on that bonded indebtedness then
27 due and payable, and for no other purpose. The surplus, if
28 any, in the School Infrastructure Fund after the payment of
-7- LRB9003157THpkam01
1 principal and interest on that bonded indebtedness then
2 annually due shall, subject to appropriation, be used as
3 follows:
4 First--to make 3 payments to the School Technology
5 Revolving Loan Fund as follows:
6 Transfer of $30,000,000 in fiscal year 1999;
7 Transfer of $20,000,000 in fiscal year 2000; and
8 Transfer of $10,000,000 in fiscal year 2001.
9 Second--to pay the expenses of the State Board of
10 Education and the Capital Development Board in administering
11 programs under the School Construction Act, the total
12 expenses not to exceed $1,000,000 in any fiscal year.
13 Third--to pay any amounts due for grants for school
14 construction projects and debt service under the School
15 Construction Act.
16 Section 5-910. The Illinois Pension Code is amended by
17 changing Sections 17-108, 17-127, and 17-129 as follows:
18 (40 ILCS 5/17-108) (from Ch. 108 1/2, par. 17-108)
19 Sec. 17-108. Fiscal year and school year.
20 "Fiscal year" and "school year": Beginning July 1, 1999,
21 the period beginning on the 1st day of July September of one
22 calendar year and ending on the 30th 31st day of June August
23 of the next calendar year. Each fiscal year and each school
24 year shall be designated for convenience with the same number
25 as the calendar year in which that fiscal year or school year
26 ends. The fiscal year which begins September 1, 1998 shall
27 end June 30, 1999.
28 (Source: P.A. 83-792.)
29 (40 ILCS 5/17-127) (from Ch. 108 1/2, par. 17-127)
30 Sec. 17-127. Financing; revenues for the Fund.
31 (a) The revenues for the Fund shall consist of: (1)
-8- LRB9003157THpkam01
1 amounts paid into the Fund by contributors thereto and from
2 employer contributions taxes and State appropriations in
3 accordance with this Article; (2) amounts contributed to the
4 Fund pursuant to any law now in force or hereafter to be
5 enacted; (3) contributions from any other source; and (4) the
6 earnings on investments.
7 (b) The General Assembly finds that for many years the
8 State has contributed to the Fund an annual amount that is
9 between 20% and 30% of the amount of the annual State
10 contribution to the Article 16 retirement system, and the
11 General Assembly declares that it is its goal and intention
12 to continue this level of contribution to the Fund in the
13 future.
14 (Source: P.A. 88-593, eff. 8-22-94.)
15 (40 ILCS 5/17-129) (from Ch. 108 1/2, par. 17-129)
16 Sec. 17-129. Employer contributions; deficiency in Fund.
17 (a) If in any fiscal year of the board of education
18 ending prior to 1997 the total amounts paid to the Fund from
19 the board of education (other than under this subsection, and
20 other than amounts used for making or "picking up"
21 contributions on behalf of teachers) and from the State do
22 not equal the total contributions made by or on behalf of the
23 teachers for such year, or if the total income of the Fund in
24 any such fiscal year of the board of education from all
25 sources is less than the total such expenditures by the Fund
26 for such year, the Board of Education shall, in the next
27 succeeding year, in addition to any other payment to the Fund
28 set apart and appropriate from moneys from its tax levy for
29 educational purposes, a sum sufficient to remove such
30 deficiency or deficiencies, and promptly pay such sum into
31 the Fund in order to restore any of the reserves of the Fund
32 that may have been so temporarily applied. Any amounts
33 received by the Fund after the effective date of this
-9- LRB9003157THpkam01
1 amendatory Act of 1997 from State appropriations, including
2 under Section 17-127, shall be a credit against and shall
3 fully satisfy any obligation that may have arisen, or be
4 claimed to have arisen, under this subsection (a) as a result
5 of any deficiency or deficiencies in the fiscal year of the
6 board of education ending in calendar year 1997.
7 (b) (i) For fiscal years 2011 through 2045, the minimum
8 contribution to the Fund to be made by the board of education
9 in each fiscal year shall be an amount determined by the Fund
10 to be sufficient to bring the total assets of the Fund up to
11 90% of the total actuarial liabilities of the Fund by the end
12 of fiscal year 2045. In making these determinations, the
13 required board of education contribution shall be calculated
14 each year as a level percentage of payroll over the years
15 remaining to and including fiscal year 2045 and shall be
16 determined under the projected unit credit actuarial cost
17 method.
18 (ii) For fiscal years 1999 through 2010, the board of
19 education's contribution to the Fund, as a percentage of the
20 applicable employee payroll, shall be increased in equal
21 annual increments so that by fiscal year 2011, the board of
22 education is contributing at the rate required under this
23 subsection.
24 (iii) Beginning in fiscal year 2046, the minimum board
25 of education contribution for each fiscal year shall be the
26 amount needed to maintain the total assets of the Fund at 90%
27 of the total actuarial liabilities of the Fund.
28 (iv) Notwithstanding the provisions of paragraphs (i),
29 (ii), and (iii) of this subsection (b), for any fiscal year
30 the contribution to the Fund from the board of education
31 shall not be required to be in excess of the amount
32 calculated as needed to maintain the assets (or cause the
33 assets to be) at the 90% level by the end of the fiscal year.
34 (v) Any contribution by the State to or for the benefit
-10- LRB9003157THpkam01
1 of the Fund, including, without limitation, as referred to
2 under Section 17-127, shall be a credit against any
3 contribution required to be made by the board of education
4 under this subsection (b).
5 (c) The Board of Trustees shall determine the amount of
6 board of education contributions required for each fiscal
7 year on the basis of the actuarial tables and other
8 assumptions adopted by the Board and the recommendations of
9 the actuary, in order to meet the minimum contribution
10 requirements of subsections (a) and (b). Annually, on or
11 before November 15, the Board shall certify to the board of
12 education the amount of the required board of education
13 contribution for the coming fiscal year. The certification
14 shall include a copy of the actuarial recommendations upon
15 which it is based.
16 (Source: P.A. 89-15, eff. 5-30-95.)
17 Section 5-915. The School Code is amended by changing
18 Sections 1A-2, 1A-4, 1B-8, 1C-2, 2-3.51, 2-3.51.5, 7-11,
19 10-20.9a, 10-22.6, 10-22.20, 10-22.23, 10-23.5, 10-23.8,
20 10-23.8a, 18-4.3, 18-7, 18-8, 18-8.2, 21-1a, 21-2, 21-2.1,
21 21-2a, 21-3, 21-4, 21-5, 21-5a, 21-10, 21-11.1, 21-11.3,
22 21-11.4, 21-14, 24-11, 24A-5, 27A-2, 27A-7, 27A-8, 27A-9,
23 27A-11, 34-8.4, 34-18, and 34-84 and adding Sections
24 2-3.117a, 2-3.124, 10-20.30, 10-22.34c, 17-1.5, 18-8.05,
25 21-0.01, 21-5c, 21-5d, and 34-18.17 as follows:
26 (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
27 Sec. 1A-2. Qualifications. The members of the State
28 Board of Education shall be citizens of the United States and
29 residents of the State of Illinois and shall be selected as
30 far as may be practicable on the basis of their knowledge of,
31 or interest and experience in, problems of public education.
32 No member of the State Board of Education shall be gainfully
-11- LRB9003157THpkam01
1 employed or administratively connected with any school
2 system, nor have any interest in or benefit from funds
3 provided by the State Board of Education to an or institution
4 of higher learning, public or private, within Illinois, nor
5 shall they be members of a school board or board of school
6 trustees of a public or nonpublic school, college, university
7 or technical institution within Illinois. No member shall
8 be appointed to more than 2 six year terms. Members shall be
9 reimbursed for all ordinary and necessary expenses incurred
10 in performing their duties as members of the Board. Expenses
11 shall be approved by the Board and be consistent with the
12 laws, policies, and requirements of the State of Illinois
13 regarding such expenditures, plus any member may include in
14 his claim for expenses $50 per day for meeting days.
15 (Source: P.A. 80-1513.)
16 (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
17 Sec. 1A-4. Powers and duties of the Board.
18 A. Upon the appointment of new Board members as provided
19 in subsection (b) of Section 1A-1 and every 2 years
20 thereafter, the chairperson of the Board shall be selected by
21 the Governor, with the advice and consent of the Senate, from
22 the membership of the Board to serve as chairperson for 2
23 years.
24 B. The Board shall determine the qualifications of and
25 appoint a chief education officer to be known as the State
26 Superintendent of Education who shall serve at the pleasure
27 of the Board and pursuant to a performance-based contract
28 linked to statewide student performance and academic
29 improvement within Illinois schools. except that No
30 performance-based contract issued for the employment of the
31 State Superintendent of Education shall be for a term longer
32 than 3 years and no contract shall be extended or renewed
33 prior to its scheduled expiration unless the performance and
-12- LRB9003157THpkam01
1 improvement goals contained in the contract have been met.
2 The State Superintendent of Education shall not serve as a
3 member of the State Board of Education. The Board shall set
4 the compensation of the State Superintendent of Education who
5 shall serve as the Board's chief executive officer. The Board
6 shall also establish the duties, powers and responsibilities
7 of the State Superintendent, which shall be included in the
8 State Superintendent's performance-based contract along with
9 the goals and indicators of student performance and academic
10 improvement used to measure the performance and effectiveness
11 of the State Superintendent such officer. The State Board of
12 Education may delegate to the State Superintendent of
13 Education the authority to act on the Board's behalf,
14 provided such delegation is made pursuant to adopted board
15 policy or the powers delegated are ministerial in nature.
16 The State Board may not delegate authority under this Section
17 to the State Superintendent to (1) nonrecognize school
18 districts, (2) withhold State payments as a penalty, or (3)
19 make final decisions under the contested case provisions of
20 the Illinois Administrative Procedure Act unless otherwise
21 provided by law.
22 C. The powers and duties of the State Board of Education
23 shall encompass all duties delegated to the Office of
24 Superintendent of Public Instruction on January 12, 1975,
25 except as the law providing for such powers and duties is
26 thereafter amended, and such other powers and duties as the
27 General Assembly shall designate. The Board shall be
28 responsible for the educational policies and guidelines for
29 public schools, pre-school through grade 12 and Vocational
30 Education in the State of Illinois. The Board shall analyze
31 the present and future aims, needs, and requirements of
32 education in the State of Illinois and recommend to the
33 General Assembly the powers which should be exercised by the
34 Board. The Board shall recommend the passage and the
-13- LRB9003157THpkam01
1 legislation necessary to determine the appropriate
2 relationship between the Board and local boards of education
3 and the various State agencies and shall recommend desirable
4 modifications in the laws which affect schools.
5 D. Two members of the Board shall be appointed by the
6 chairperson to serve on a standing joint Education Committee,
7 2 others shall be appointed from the Board of Higher
8 Education, 2 others shall be appointed by the chairperson of
9 the Illinois Community College Board, and 2 others shall be
10 appointed by the chairperson of the Human Resource Resources
11 Investment Council. The Committee shall be responsible for
12 making recommendations concerning the submission of any
13 workforce development plan or workforce training program
14 required by federal law or under any block grant authority.
15 The Committee will be responsible for developing policy on
16 matters of mutual concern to elementary, secondary and higher
17 education such as Occupational and Career Education, Teacher
18 Preparation and Certification, Educational Finance,
19 Articulation between Elementary, Secondary and Higher
20 Education and Research and Planning. The joint Education
21 Committee shall meet at least quarterly and submit an annual
22 report of its findings, conclusions, and recommendations to
23 the State Board of Education, the Board of Higher Education,
24 the Illinois Community College Board, the Human Resource
25 Resources Investment Council, the Governor, and the General
26 Assembly. All meetings of this Committee shall be official
27 meetings for reimbursement under this Act.
28 E. Five members of the Board shall constitute a quorum.
29 A majority vote of the members appointed, confirmed and
30 serving on the Board is required to approve any action.
31 The Board shall prepare and submit to the General
32 Assembly and the Governor on or before January 14, 1976 and
33 annually thereafter a report or reports of its findings and
34 recommendations. Such annual report shall contain a separate
-14- LRB9003157THpkam01
1 section which provides a critique and analysis of the status
2 of education in Illinois and which identifies its specific
3 problems and recommends express solutions therefor. Such
4 annual report also shall contain the following information
5 for the preceding year ending on June 30: each act or
6 omission of a school district of which the State Board of
7 Education has knowledge as a consequence of scheduled,
8 approved visits and which constituted a failure by the
9 district to comply with applicable State or federal laws or
10 regulations relating to public education, the name of such
11 district, the date or dates on which the State Board of
12 Education notified the school district of such act or
13 omission, and what action, if any, the school district took
14 with respect thereto after being notified thereof by the
15 State Board of Education. The report shall also include the
16 statewide high school dropout rate by grade level, sex and
17 race and the annual student dropout rate of and the number of
18 students who graduate from, transfer from or otherwise leave
19 bilingual programs. The Auditor General shall annually
20 perform a compliance audit of the State Board of Education's
21 performance of the reporting duty imposed by this amendatory
22 Act of 1986. A regular system of communication with other
23 directly related State agencies shall be implemented.
24 The requirement for reporting to the General Assembly
25 shall be satisfied by filing copies of the report with the
26 Speaker, the Minority Leader and the Clerk of the House of
27 Representatives and the President, the Minority Leader and
28 the Secretary of the Senate and the Legislative Council, as
29 required by Section 3.1 of "An Act to revise the law in
30 relation to the General Assembly Organization Act", approved
31 February 25, 1874, as amended, and filing such additional
32 copies with the State Government Report Distribution Center
33 for the General Assembly as is required under paragraph (t)
34 of Section 7 of the State Library Act.
-15- LRB9003157THpkam01
1 (Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96;
2 89-698, eff. 1-14-97; revised 3-31-97.)
3 (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
4 Sec. 1B-8. There is created in the State Treasury a
5 special fund to be known as the School District Emergency
6 Financial Assistance Fund (the "Fund"). The School District
7 Emergency Financial Assistance Fund shall consist of
8 appropriations, grants from the federal government and
9 donations from any public or private source. Moneys in the
10 Fund may be appropriated only to the State Board for the
11 purposes of this Article. The appropriation may be allocated
12 and expended by the State Board as loans to school districts
13 which are the subject of an approved petition for emergency
14 financial assistance under Section 1B-4. From the amount
15 allocated to each such school district the State Board shall
16 identify a sum sufficient to cover all approved costs of the
17 Financial Oversight Panel established for the respective
18 school district. If the State Board and State Superintendent
19 of Education have not approved emergency financial assistance
20 in conjunction with the appointment of a Financial Oversight
21 Panel, the Panel's approved costs shall be paid from
22 deductions from the district's general State aid.
23 The Financial Oversight Panel may prepare and file with
24 the State Superintendent a proposal for emergency financial
25 assistance for the school district and for the operations
26 budget of the Panel. No expenditures shall be authorized by
27 the State Superintendent until he has approved the proposal
28 of the Panel, either as submitted or in such lesser amount
29 determined by the State Superintendent.
30 The maximum amount of emergency financial assistance
31 which may be allocated to any school district under this
32 Article, including moneys necessary for the operations of the
33 Panel, shall not exceed $1000 times the number of pupils
-16- LRB9003157THpkam01
1 enrolled in the school district during the school year ending
2 June 30 prior to the date of approval by the State Board of
3 the petition for emergency financial assistance, as certified
4 to the local board and the Panel by the State Superintendent.
5 The payment of emergency State financial assistance shall
6 be subject to appropriation by the General Assembly.
7 Emergency State financial assistance allocated and paid to a
8 school district under this Article may be applied to any fund
9 or funds from which the local board of education of that
10 district is authorized to make expenditures by law.
11 Any emergency financial assistance proposed by the
12 Financial Oversight Panel and approved by the State
13 Superintendent may be paid in its entirety during the initial
14 year of the Panel's existence or spread in equal or declining
15 amounts over a period of years not to exceed the period of
16 the Panel's existence. All payments made from the School
17 District Emergency Financial Assistance Fund for a school
18 district shall be required to be repaid, with simple interest
19 at the rate of 4%, not later than the date the Financial
20 Oversight Panel ceases to exist. The Panel shall establish
21 and the State Superintendent shall approve the terms and
22 conditions, including the schedule, of repayments. The
23 schedule shall provide for repayments commencing July 1 of
24 each year. Repayment shall be incorporated into the annual
25 budget of the school district and may be made from any fund
26 or funds of the district in which there are moneys available.
27 When moneys are repaid as provided herein they shall not be
28 made available to the local board for further use as
29 emergency financial assistance under this Article at any time
30 thereafter. All repayments required to be made by a school
31 district shall be received by the State Board and deposited
32 in the School District Emergency Financial Assistance Fund.
33 In establishing the terms and conditions for the
34 repayment obligation of the school district the Panel shall
-17- LRB9003157THpkam01
1 annually determine whether a separate local property tax levy
2 is required. The board of any school district with a tax
3 rate for educational purposes for the prior year of less than
4 120% of the maximum rate for educational purposes authorized
5 by Section 17-2 shall provide for a separate tax levy for
6 emergency financial assistance repayment purposes. Such tax
7 levy shall not be subject to referendum approval. The amount
8 of the levy shall be equal to the amount necessary to meet
9 the annual repayment obligations of the district as
10 established by the Panel, or 20% of the amount levied for
11 educational purposes for the prior year, whichever is less.
12 However, no district shall be required to levy the tax if the
13 district's operating tax rate as determined under
14 subparagraph (A)(5)(b) of Section 18-8 or 18-8.05 exceeds
15 200% of the district's tax rate for educational purposes for
16 the prior year.
17 (Source: P.A. 88-618, eff. 9-9-94.)
18 (105 ILCS 5/1C-2)
19 Sec. 1C-2. Block grants.
20 (a) For fiscal year 1999, and each fiscal year
21 thereafter, the State Board of Education shall award to
22 school districts block grants as described in subsections (b)
23 and (c). The State Board of Education may adopt rules and
24 regulations necessary to implement this Section.
25 (b) A Professional Development Block Grant shall be
26 created by combining the existing School Improvement Block
27 Grant and the REI Initiative. These funds shall be
28 distributed to school districts based on the number of
29 full-time certified instructional staff employed in the
30 district.
31 (c) An Early Childhood Education Block Grant shall be
32 created by combining the following programs: Preschool
33 Education, Parental Training and Prevention Initiative.
-18- LRB9003157THpkam01
1 These funds shall be distributed to school districts and
2 other entities on a competitive basis. Eight percent of this
3 grant shall be used to fund programs for children ages 0-3.
4 From appropriations made for block grant purposes, the State
5 Board of Education is authorized to award funds to eligible
6 recipients upon application. Semiannual installment payments
7 shall be made and semiannual expenditure reports shall be
8 required.
9 (Source: P.A. 88-555, eff. 7-27-94; 89-397, eff. 8-20-95.)
10 (105 ILCS 5/2-3.51) (from Ch. 122, par. 2-3.51)
11 Sec. 2-3.51. Reading Improvement Block Grant Program.
12 To improve the reading and study skills of children from
13 kindergarten through sixth grade in school districts. The
14 State Board of Education, hereinafter referred to as "the
15 Board", is authorized to administer a fund a School District
16 Reading Improvement Block Grant Program. As used in this
17 Section, "school district" shall include those schools
18 designated as "laboratory schools".
19 (a) The program shall provide reading specialists,
20 teacher aides and other personnel to improve reading and
21 study skills of children in public schools. As part of the
22 program, the Board shall also make available funds for books
23 and other printed materials which improve the reading and
24 study skills of the children. Funds for the Reading
25 Improvement Block Grant Program shall be distributed to
26 school districts on the following basis: 70% of monies shall
27 be awarded on the prior year's best 3 months average daily
28 attendance and 30% shall be distributed on the number of
29 economically disadvantaged (E.C.I.A. Chapter I) pupils in the
30 district, provided that the State Board may distribute an
31 amount not to exceed 2% of the monies appropriated for the
32 Reading Improvement Block Grant Program for the purpose of
33 providing teacher training and re-training in the teaching of
-19- LRB9003157THpkam01
1 reading. Program funds shall be distributed to school
2 districts in 2 semi-annual installments, one payment on or
3 before October 30, and one payment prior to April 30, of each
4 year. The State Board shall promulgate rules and regulations
5 necessary for the implementation of this program.
6 (a-5) Reading Improvement Block Grant Program funds
7 shall be used by school districts in the following manner:
8 (1) to reduce class size in grades kindergarten
9 through 3 for the purpose of providing more intensified
10 reading instruction;
11 (2) to extend the time devoted in kindergarten
12 through third grade to intensified reading instruction,
13 including phonic instruction, either by lengthening the
14 school day or lengthening the school year;
15 (3) to create transitional grades for students
16 needing intensified reading instruction either between
17 the first and second grades or between the second and
18 third grades in accordance with the authority granted
19 school districts in Section 10-21.2 of this Code;
20 (4) to continue direct reading instruction for
21 grades 4 through 6;
22 (5) to establish reading academies in schools that
23 focus on the mechanics of reading, the application of
24 reading skills, and the reading of rich literature and
25 that reflect a commitment of time and resources to these
26 functions;
27 (6) to conduct intense vocabulary, spelling, and
28 related writing enrichment programs that promote better
29 understanding of language and words;
30 (7) to increase the availability of reading
31 specialists and teacher aides for reading; and
32 (8) to train and retrain teachers of kindergarten
33 through third grade to be proficient in the teaching of
34 reading, including phonic instruction.
-20- LRB9003157THpkam01
1 (a-10) Reading Improvement Block Grant Program funds
2 shall be made available to each eligible school district
3 submitting a one-page application developed by the State
4 Board beginning with the 1998-99 school year. Applications
5 shall include existing Illinois Goals and Assessment Program
6 (IGAP) reading scores and the planned use for the funds. At
7 the end of each school year the school district shall report
8 new IGAP results on the same form. Each application,
9 beginning with the 1998-99 school year, shall be for a 2-year
10 grant based on initial year qualification. Districts not
11 demonstrating performance progress using IGAP reading scores
12 as the basis of measure based on metrics of progress
13 established by the State Board shall not be eligible for
14 funding in the third or subsequent years thereafter until
15 such progress is established.
16 (a-15) The State Superintendent of Education, in
17 cooperation with the school districts participating in the
18 program, shall annually report to the leadership of the
19 General Assembly on the results of the Reading Improvement
20 Block Grant Program and the progress being made on improving
21 the reading skills of students in kindergarten through the
22 sixth grade.
23 (b) (Blank). Distribution of monies to school districts
24 shall be made in 2 semi-annual installments, one on or before
25 October 30, and one payment prior to April 30, of each year.
26 From funds distributed for purposes of this Section, the
27 Board is authorized to approve applications from qualifying
28 school districts to help meet a district's costs of employing
29 teacher aides. No school district shall be eligible to be
30 paid under this Section for more than one teacher aide for
31 each 3 certificated teachers employed by the district for
32 classroom teaching of pupils in kindergarten and grades one
33 through 6.
34 From funds distributed for purposes of this Section, the
-21- LRB9003157THpkam01
1 Board is authorized to approve applications from qualifying
2 school districts to help meet a district's cost of employing
3 reading specialists. No school district shall be eligible to
4 receive payment under this Section for more than one reading
5 specialist for each 15 certificated teachers, or major
6 portion thereof, employed by the district for classroom
7 teaching of pupils in kindergarten and grades one through 6.
8 (c) (Blank). Each person employed as a teacher aide
9 pursuant to this Section must work under the supervision of a
10 certificated teacher and, as a condition precedent to that
11 employment, either shall have earned at least 30 semester
12 hours of college credit or shall have successfully completed
13 a Teacher Aide Program approved by the Board.
14 (d) Grants under the Reading Improvement Program shall
15 be awarded provided there is an appropriation for the
16 program, and funding levels for each district shall be
17 prorated according to the amount of the appropriation.
18 (e) (Blank). District applications for participation in
19 this program shall be approved by the Board.
20 (f) (Blank). Notwithstanding the provisions regarding
21 distribution of monies contained in subsections (a) and (b)
22 of this Section, the Board may distribute an amount not to
23 exceed 2% of the monies appropriated for the Reading
24 Improvement Program to qualified recipients for the purpose
25 of training teachers and other educational personnel to
26 better teach reading to the State's elementary and secondary
27 school students.
28 (Source: P.A. 86-237; 86-750; 86-1028; 87-280.)
29 (105 ILCS 5/2-3.51.5)
30 Sec. 2-3.51.5. School Safety and Educational Improvement
31 Block Grant Program. To improve the level of education and
32 safety of students from kindergarten through grade 12 in
33 school districts. The State Board of Education is authorized
-22- LRB9003157THpkam01
1 to fund a School Safety and Educational Improvement Block
2 Grant Program.
3 (1) The program shall provide funding for school safety,
4 textbooks and software, teacher training and curriculum
5 development, school improvements, and remediation programs
6 under subsection (a) of Section 2-3.64. A school district or
7 laboratory school as defined in subsection B of Section 18-8
8 or 18-8.05 is not required to file an application in order
9 to receive the categorical funding to which it is entitled
10 under this Section. Funds for the School Safety and
11 Educational Improvement Block Grant Program shall be
12 distributed to school districts and laboratory schools based
13 on the prior year's best 3 months average daily attendance.
14 The State Board of Education shall promulgate rules and
15 regulations necessary for the implementation of this program.
16 (2) Distribution of moneys to school districts shall be
17 made in 2 semi-annual installments, one payment on or before
18 October 30, and one payment prior to April 30, of each fiscal
19 year.
20 (3) Grants under the School Safety and Educational
21 Improvement Block Grant Program shall be awarded provided
22 there is an appropriation for the program, and funding levels
23 for each district shall be prorated according to the amount
24 of the appropriation.
25 (Source: P.A. 89-610, eff. 8-6-96.)
26 (105 ILCS 5/2-3.117a new)
27 Sec. 2-3.117a. School Technology Revolving Loan Program.
28 (a) The State Board of Education is authorized to
29 administer a School Technology Revolving Loan Program from
30 funds appropriated from the School Technology Revolving Loan
31 Fund for the purpose of making the financing of school
32 technology hardware improvements affordable. School
33 technology loans shall be made available to school districts
-23- LRB9003157THpkam01
1 to purchase technology hardware for eligible grade levels on
2 a 3-year rotating basis: grades K-4 in year one and each
3 third year thereafter, grades 5-8 in year 2 and each third
4 year thereafter, grades 9-12 in year 3 and each third year
5 thereafter.
6 The State Board of Education shall determine the interest
7 rate the loans shall bear which shall not be greater than 50%
8 of the rate for the most recent date shown in the 20 G.O.
9 Bonds Index of average municipal bond yields as published in
10 the most recent edition of The Bond Buyer, published in New
11 York, New York. The repayment period for School Technology
12 Revolving Loans shall not exceed 3 years. Participating
13 school districts shall use the loan proceeds for technology
14 hardware investments for students and staff, including
15 computer hardware, technology networks, related wiring, and
16 other items defined in rules adopted by the State Board of
17 Education. No school district whose equalized assessed
18 valuation per pupil in average daily attendance is at the
19 99th percentile and above for all districts of the same type
20 shall be eligible to receive a School Technology Revolving
21 Loan under the provisions of this Section for that year.
22 The State Board of Education shall have the authority to
23 adopt all rules necessary for the implementation and
24 administration of the School Technology Revolving Loan
25 Program, including, but not limited to, rules defining
26 application procedures, prescribing a maximum amount per
27 pupil that may be requested annually by districts, requiring
28 appropriate local commitments for technology investments,
29 prescribing a mechanism for disbursing loan funds in the
30 event requests exceed available funds, and prescribing
31 actions necessary to protect the State's interest in the
32 event of default, foreclosure, or noncompliance with the
33 terms and conditions of the loans.
34 (b) There is created in the State treasury the School
-24- LRB9003157THpkam01
1 Technology Revolving Loan Fund. The State Board shall have
2 the authority to make expenditures from the Fund pursuant to
3 appropriations made for the purposes of this Section. There
4 shall be deposited into the Fund such amounts, including but
5 not limited to:
6 (1) Transfers from the School Infrastructure Fund;
7 (2) All receipts, including principal and interest
8 payments, from any loan made from the Fund;
9 (3) All proceeds of assets of whatever nature
10 received by the State Board as a result of default or
11 delinquency with respect to loans made from the Fund;
12 (4) Any appropriations, grants, or gifts made to
13 the Fund; and
14 (5) Any income received from interest on
15 investments of money in the Fund.
16 (105 ILCS 5/2-3.124 new)
17 Sec. 2-3.124. Liability coverage for certificated school
18 employees. Beginning with the 1998-99 school year, the State
19 Board of Education shall provide or arrange to have provided
20 for each certificated person who receives a salary or wages
21 in exchange for performing educational employment activities
22 on behalf of a school board, board of trustees, joint
23 agreement program board, cooperative program board, or
24 similar governing body of a public elementary or secondary
25 educational unit in Illinois educators liability coverage in
26 amounts no less than: (1) $1,000,000 per person per
27 occurrence, not to include any civil rights issue or claims;
28 (2) $250,000 per person per occurrence for any civil rights
29 issue or claims and not to include any other claims; and (3)
30 $3,000,000 per occurrence aggregate for all claims.
31 The coverage provided by the State Board shall also
32 include: (1) reimbursement of attorney fees for defense of a
33 criminal proceeding in an amount not less than $35,000 per
-25- LRB9003157THpkam01
1 proceeding; (2) bail bond coverage of not less than $1,000
2 per bond; and (3) assault-related personal property damage
3 coverage of not less than $250 per incident.
4 The liability coverage required by this Section shall be
5 provided at no cost to the covered persons accepting such
6 coverage.
7 The State Board shall adopt such rules and regulations as
8 are necessary to implement the provisions of this Section.
9 (105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
10 Sec. 7-11. Annexation of dissolved non-operating
11 districts. If any school district has become dissolved as
12 provided in Section 5-32, or if a petition for dissolution is
13 filed under subsection (b) of Section 7-2a, the regional
14 board of school trustees shall attach the territory of such
15 dissolved district to one or more districts and, if the
16 territory is added to 2 or more districts, shall divide the
17 property of the dissolved district among the districts to
18 which its territory is added, in the manner provided for the
19 division of property in case of the organization of a new
20 district from a part of another district. The regional board
21 of school trustees of the region in which the regional
22 superintendent has supervision over the school district that
23 is dissolved shall have all power necessary to annex the
24 territory of the dissolved district as provided in this
25 Section, including the power to attach the territory to a
26 school district under the supervision of the regional
27 superintendent of another educational service region. The
28 annexation of the territory of a dissolved school district
29 under this Section shall entitle the school districts
30 involved in the annexation to payments from the State Board
31 of Education under subsection (A)(5)(m) of Section 18-8 or
32 subsection (I) of Section 18-8.05 and under Sections 18-8.2
33 and 18-8.3 in the same manner and to the same extent
-26- LRB9003157THpkam01
1 authorized in the case of other annexations under this
2 Article. Other provisions of this Article 7 of The School
3 Code shall apply to and govern dissolutions and annexations
4 under this Section and Section 7-2a, except that it is the
5 intent of the General Assembly that in the case of conflict
6 the provisions of this Section and Section 7-2a shall control
7 over the other provisions of this Article.
8 The regional board of school trustees shall give notice
9 of a hearing, to be held not less than 50 days nor more than
10 70 days after a school district is dissolved under Section
11 5-32 or a petition is filed under subsection (b) of Section
12 7-2a, on the disposition of the territory of such school
13 district by publishing a notice thereof at least once each
14 week for 2 successive weeks in at least one newspaper having
15 a general circulation within the area of the territory
16 involved. At such hearing, the regional board of school
17 trustees shall hear evidence as to the school needs and
18 conditions of the territory and of the area within and
19 adjacent thereto, and shall take into consideration the
20 educational welfare of the pupils of the territory and the
21 normal high school attendance pattern of the children. In the
22 case of an elementary school district if all the eighth grade
23 graduates of such district customarily attend high school in
24 the same high school district, the regional board of school
25 trustees shall, unless it be impossible because of the
26 restrictions of a special charter district, annex the
27 territory of the district to a contiguous elementary school
28 district whose eighth grade graduates customarily attend that
29 high school, and that has an elementary school building
30 nearest to the center of the territory to be annexed, but if
31 such eighth grade graduates customarily attend more than one
32 high school the regional board of school trustees shall
33 determine the attendance pattern of such graduates and divide
34 the territory of the district among the contiguous elementary
-27- LRB9003157THpkam01
1 districts whose graduates attend the same respective high
2 schools.
3 The decision of the regional board of school trustees in
4 such matter shall be issued within 10 days after the
5 conclusion of the hearing and deemed an "administrative
6 decision" as defined in Section 3-101 of the Code of Civil
7 Procedure and any resident who appears at the hearing or any
8 petitioner may within 10 days after a copy of the decision
9 sought to be reviewed was served by registered mail upon the
10 party affected thereby file a complaint for the judicial
11 review of such decision in accordance with the
12 "Administrative Review Law", and all amendments and
13 modifications thereof and the rules adopted pursuant thereto.
14 The commencement of any action for review shall operate as a
15 stay of enforcement, and no further proceedings shall be had
16 until final disposition of such review. The final decision of
17 the regional board of school trustees or of any court upon
18 judicial review shall become effective under Section 7-9 in
19 the case of a petition for dissolution filed under subsection
20 (b) of Section 7-2a, and a final decision shall become
21 effective immediately following the date no further appeal is
22 allowable in the case of a district dissolved under Section
23 5-32.
24 Notwithstanding the foregoing provisions of this Section
25 or any other provision of law to the contrary, the school
26 board of the Mt. Morris School District is authorized to
27 donate to the City of Mount Morris, Illinois the school
28 building and other real property used as a school site by the
29 Mt. Morris School District at the time of its dissolution, by
30 appropriate resolution adopted by the school board of the
31 district prior to the dissolution of the district; and upon
32 the adoption of a resolution by the school board donating the
33 school building and school site to the City of Mount Morris,
34 Illinois as authorized by this Section, the regional board of
-28- LRB9003157THpkam01
1 school trustees or other school officials holding legal title
2 to the school building and school site so donated shall
3 immediately convey the same to the City of Mt. Morris,
4 Illinois.
5 (Source: P.A. 88-386.)
6 (105 ILCS 5/10-20.9a) (from Ch. 122, par. 10-20.9a)
7 Sec. 10-20.9a. Final Grade; Promotion.
8 (a) Teachers shall administer the approved marking
9 system or other approved means of evaluating pupil progress.
10 The teacher shall maintain the responsibility and right to
11 determine grades and other evaluations of students within the
12 grading policies of the district based upon his or her
13 professional judgment of available criteria pertinent to any
14 given subject area or activity for which he or she is
15 responsible. District policy shall provide the procedure and
16 reasons by and for which a grade may be changed; provided
17 that no grade or evaluation shall be changed without
18 notification to the teacher concerning the nature and reasons
19 for such change. If such a change is made, the person making
20 the change shall assume such responsibility for determining
21 the grade or evaluation, and shall initial such change.
22 (b) School districts shall not promote are discouraged
23 from promoting students to the next higher grade level based
24 upon age or any other social reasons not related to the
25 academic performance of the students. On or before September
26 1, 1998, school boards shall may adopt and enforce a policy
27 such policies on promotion as they deem necessary to ensure
28 that students meet local goals and objectives and can perform
29 at the expected grade level prior to promotion. Decisions to
30 promote or retain students in any classes shall be based on
31 successful completion of the curriculum, attendance,
32 performance based on Illinois Goals and Assessment Program
33 tests, the Iowa Test of Basic Skills, or other testing or any
-29- LRB9003157THpkam01
1 other criteria established by the school board. Students
2 determined by the local district to not qualify for promotion
3 to the next higher grade shall be provided remedial
4 assistance, which may include, but shall not be limited to, a
5 summer bridge program of no less than 90 hours, tutorial
6 sessions, increased or concentrated instructional time,
7 modifications to instructional materials, and retention in
8 grade.
9 (Source: P.A. 89-610, eff. 8-6-96.)
10 (105 ILCS 5/10-20.30 new)
11 Sec. 10-20.30. No pass-no play policy. Beginning with
12 the 1998-99 school year, the school board of each school
13 district that maintains any of grades 9 through 12 shall
14 establish, implement, and enforce a uniform and consistent
15 policy under which a student in any of those grades who fails
16 to maintain a specified minimum grade point average or a
17 specified minimum grade in each course in which the student
18 is enrolled or both is suspended from further participation
19 in any school-sponsored or school-supported athletic or
20 extracurricular activities for a specified period or until a
21 specified minimum grade point average or minimum grade or
22 both are earned by the student. Each school board shall
23 adopt a policy as required by this Section not later than one
24 year after the effective date of this amendatory Act of 1997
25 and shall concurrently file a copy of that policy with the
26 State Board of Education. After the policy has been in
27 effect for one year, the school board shall file a report
28 with the State Board of Education setting forth the number
29 and length of suspensions imposed under the policy during the
30 period covered by the report. If the school board already has
31 a policy that is consistent with the requirements of this
32 Section in effect on the effective date of this amendatory
33 Act of 1997, it shall file a copy of that policy with the
-30- LRB9003157THpkam01
1 State Board of Education within 90 days after the effective
2 date of this amendatory Act and shall file the annual report
3 required under this Section 12 months thereafter.
4 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
5 Sec. 10-22.6. Suspension or expulsion of pupils; school
6 searches.
7 (a) To expel pupils guilty of gross disobedience or
8 misconduct, and no action shall lie against them for such
9 expulsion. Expulsion shall take place only after the parents
10 have been requested to appear at a meeting of the board, or
11 with a hearing officer appointed by it, to discuss their
12 child's behavior. Such request shall be made by registered or
13 certified mail and shall state the time, place and purpose of
14 the meeting. The board, or a hearing officer appointed by it,
15 at such meeting shall state the reasons for dismissal and the
16 date on which the expulsion is to become effective. If a
17 hearing officer is appointed by the board he shall report to
18 the board a written summary of the evidence heard at the
19 meeting and the board may take such action thereon as it
20 finds appropriate.
21 (b) To suspend or by regulation to authorize the
22 superintendent of the district or the principal, assistant
23 principal, or dean of students of any school to suspend
24 pupils guilty of gross disobedience or misconduct, or to
25 suspend pupils guilty of gross disobedience or misconduct on
26 the school bus from riding the school bus, and no action
27 shall lie against them for such suspension. The board may by
28 regulation authorize the superintendent of the district or
29 the principal, assistant principal, or dean of students of
30 any school to suspend pupils guilty of such acts for a period
31 not to exceed 10 school days. If a pupil is suspended due to
32 gross disobedience or misconduct on a school bus, the board
33 may suspend the pupil in excess of 10 school days for safety
-31- LRB9003157THpkam01
1 reasons. Any suspension shall be reported immediately to the
2 parents or guardian of such pupil along with a full statement
3 of the reasons for such suspension and a notice of their
4 right to a review, a copy of which shall be given to the
5 school board. Upon request of the parents or guardian the
6 school board or a hearing officer appointed by it shall
7 review such action of the superintendent or principal,
8 assistant principal, or dean of students. At such review the
9 parents or guardian of the pupil may appear and discuss the
10 suspension with the board or its hearing officer. If a
11 hearing officer is appointed by the board he shall report to
12 the board a written summary of the evidence heard at the
13 meeting. After its hearing or upon receipt of the written
14 report of its hearing officer, the board may take such action
15 as it finds appropriate.
16 (c) The Department of Human Services shall be invited to
17 send a representative to consult with the board at such
18 meeting whenever there is evidence that mental illness may be
19 the cause for expulsion or suspension.
20 (d) The board may expel a student for a definite period
21 of time not to exceed 2 calendar years, as determined on a
22 case by case basis. A student who is determined to have
23 brought a weapon to school, any school-sponsored activity or
24 event, or any activity or event which bears a reasonable
25 relationship to school shall be expelled for a period of not
26 less than one year, except that the expulsion period may be
27 modified by the board on a case by case basis. For purposes
28 of this Section, the term "weapon" means possession, use,
29 control or transfer of any object which may be used to cause
30 bodily harm, including but not limited to a weapon as defined
31 by Section 921 of Title 18, United States Code, firearm as
32 defined in Section 1.1 of the Firearm Owners Identification
33 Act, use of weapon as defined in Section 24-1 of the Criminal
34 Code, knives, guns, firearms, rifles, shotguns, brass
-32- LRB9003157THpkam01
1 knuckles, billy clubs, or "look-alikes" thereof. Such items
2 as baseball bats, pipes, bottles, locks, sticks, pencils, and
3 pens may be considered weapons if used or attempted to be
4 used to cause bodily harm. Expulsion or suspension shall be
5 construed in a manner consistent with the Federal Individuals
6 with Disabilities Education Act. A student who is subject to
7 suspension or expulsion as provided in this Section may be
8 eligible for a transfer to an alternative school program in
9 accordance with Article 13A of the School Code. The
10 provisions of this subsection (d) apply in all school
11 districts, including special charter districts and districts
12 organized under Article 34.
13 (e) To maintain order and security in the schools,
14 school authorities may inspect and search places and areas
15 such as lockers, desks, parking lots, and other school
16 property and equipment owned or controlled by the school, as
17 well as personal effects left in those places and areas by
18 students, without notice to or the consent of the student,
19 and without a search warrant. As a matter of public policy,
20 the General Assembly finds that students have no reasonable
21 expectation of privacy in these places and areas or in their
22 personal effects left in these places and areas. School
23 authorities may request the assistance of law enforcement
24 officials for the purpose of conducting inspections and
25 searches of lockers, desks, parking lots, and other school
26 property and equipment owned or controlled by the school for
27 illegal drugs, weapons, or other illegal or dangerous
28 substances or materials, including searches conducted through
29 the use of specially trained dogs. If a search conducted in
30 accordance with this Section produces evidence that the
31 student has violated or is violating either the law, local
32 ordinance, or the school's policies or rules, such evidence
33 may be seized by school authorities, and disciplinary action
34 may be taken. School authorities may also turn over such
-33- LRB9003157THpkam01
1 evidence to law enforcement authorities. The provisions of
2 this subsection (e) apply in all school districts, including
3 special charter districts and districts organized under
4 Article 34.
5 (f) Suspension or expulsion may include suspension or
6 expulsion from school and all school activities and a
7 prohibition from being present on school grounds.
8 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
9 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97.)
10 (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
11 Sec. 10-22.20. Classes for adults and youths whose
12 schooling has been interrupted; Conditions for State
13 reimbursement; Use of child care facilities.
14 (a) To establish special classes for the instruction (1)
15 of persons of age 21 years or over, and (2) of persons less
16 than age 21 and not otherwise in attendance in public school,
17 for the purpose of providing adults in the community, and
18 youths whose schooling has been interrupted, with such
19 additional basic education, vocational skill training, and
20 other instruction as may be necessary to increase their
21 qualifications for employment or other means of self-support
22 and their ability to meet their responsibilities as citizens
23 including courses of instruction regularly accepted for
24 graduation from elementary or high schools and for
25 Americanization and General Educational Development Review
26 classes.
27 The board shall pay the necessary expenses of such
28 classes out of school funds of the district, including costs
29 of student transportation and such facilities or provision
30 for child-care as may be necessary in the judgment of the
31 board to permit maximum utilization of the courses by
32 students with children, and other special needs of the
33 students directly related to such instruction. The expenses
-34- LRB9003157THpkam01
1 thus incurred shall be subject to State reimbursement, as
2 provided in this Section. The board may make a tuition
3 charge for persons taking instruction who are not subject to
4 State reimbursement, such tuition charge not to exceed the
5 per capita cost of such classes.
6 The cost of such instruction, including the additional
7 expenses herein authorized, incurred for recipients of
8 financial aid under the Illinois Public Aid Code, or for
9 persons for whom education and training aid has been
10 authorized under Section 9-8 of that Code, shall be assumed
11 in its entirety from funds appropriated by the State to the
12 State Board of Education.
13 (b) The State Board of Education and the Illinois
14 Community College Board shall annually enter into an
15 interagency agreement to implement this Section. The
16 interagency agreement shall establish the standards for the
17 courses of instruction reimbursed under this Section. The
18 State Board of Education shall supervise the administration
19 of the programs. The State Board of Education shall
20 determine the cost of instruction in accordance with
21 standards jointly established by the State Board of Education
22 and the Illinois Community College Board as set forth in the
23 interagency agreement, including therein other incidental
24 costs as herein authorized, which shall serve as the basis of
25 State reimbursement in accordance with the provisions of
26 this Section. In the approval of programs and the
27 determination of the cost of instruction, the State Board of
28 Education shall provide for the maximum utilization of
29 federal funds for such programs. The interagency agreement
30 shall also include:
31 (1) the development of an index of need for program
32 planning and for area funding allocations as defined by
33 the State Board of Education;
34 (2) the method for calculating hours of
-35- LRB9003157THpkam01
1 instruction, as defined by the State Board of Education,
2 claimable for reimbursement and a method to phase in the
3 calculation and for adjusting the calculations in cases
4 where the services of a program are interrupted due to
5 circumstances beyond the control of the program provider;
6 (3) a plan for the reallocation of funds to
7 increase the amount allocated for grants based upon
8 program performance as set forth in subsection (d) below;
9 and
10 (4) the development of standards for determining
11 grants based upon performance as set forth in subsection
12 (d) below and a plan for the phased-in implementation of
13 those standards.
14 For instruction provided by school districts and
15 community college districts beginning July 1, 1996 and
16 thereafter, reimbursement provided by the State Board of
17 Education for classes authorized by this Section shall be
18 provided pursuant to the terms of the interagency agreement
19 from funds appropriated for the reimbursement criteria set
20 forth in subsection (c) below.
21 (c) Upon the annual approval of the interagency
22 agreement, reimbursement shall be first provided for
23 transportation, child care services, and other special needs
24 of the students directly related to instruction and then from
25 the funds remaining an amount equal to the product of the
26 total credit hours or units of instruction approved by the
27 State Board of Education, multiplied by the following:
28 (1) For adult basic education, the maximum
29 reimbursement per credit hour or per unit of instruction
30 shall be equal to the general state aid per pupil
31 foundation level established in subsections 5(a) through
32 5(d) of Section 18-8 or subsection (B) of Section
33 18-8.05, divided by 60;
34 (2) The maximum reimbursement per credit hour or
-36- LRB9003157THpkam01
1 per unit of instruction in subparagraph (1) above shall
2 be weighted for students enrolled in classes defined as
3 vocational skills and approved by the State Board of
4 Education by 1.25;
5 (3) The maximum reimbursement per credit hour or
6 per unit of instruction in subparagraph (1) above shall
7 be multiplied by .90 for students enrolled in classes
8 defined as adult secondary education programs and
9 approved by the State Board of Education;
10 (4) For community college districts the maximum
11 reimbursement per credit hour in subparagraphs (1), (2),
12 and (3) above shall be reduced by the Adult Basic
13 Education/Adult Secondary Education/English As A Second
14 Language credit hour grant rate prescribed in Section
15 2-16.02 of the Public Community College Act, as pro-rated
16 to the appropriation level; and
17 (5) Programs receiving funds under the formula that
18 was in effect during the 1994-1995 program year which
19 continue to be approved and which generate at least 80%
20 of the hours claimable in 1994-95, or in the case of
21 programs not approved in 1994-95 at least 80% of the
22 hours claimable in 1995-96, shall have funding for
23 subsequent years based upon 100% of the 1995-96 formula
24 funding level for 1996-97, 90% of the 1995-96 formula
25 funding level for 1997-98, 80% of the 1995-96 formula
26 funding level for 1998-99, and 70% of the 1995-96 formula
27 funding level for 1999-2000. For any approved program
28 which generates less than 80% of the claimable hours in
29 its base year, the level of funding pursuant to this
30 paragraph shall be reduced proportionately. Funding for
31 program years after 1999-2000 shall be pursuant to the
32 interagency agreement.
33 (d) Upon the annual approval of the interagency
34 agreement, the State Board of Education shall provide grants
-37- LRB9003157THpkam01
1 to eligible programs for supplemental activities to improve
2 or expand services under the Adult Education Act. Eligible
3 programs shall be determined based upon performance outcomes
4 of students in the programs as set forth in the interagency
5 agreement.
6 (e) Reimbursement under this Section shall not exceed
7 the actual costs of the approved program.
8 If the amount appropriated to the State Board of
9 Education for reimbursement under this Section is less than
10 the amount required under this Act, the apportionment shall
11 be proportionately reduced.
12 School districts and community college districts may
13 assess students up to $3.00 per credit hour, for classes
14 other than Adult Basic Education level programs, if needed to
15 meet program costs.
16 (f) An education plan shall be established for each
17 adult or youth whose schooling has been interrupted and who
18 is participating in the instructional programs provided under
19 this Section.
20 Each school board and community college shall keep an
21 accurate and detailed account of the students assigned to and
22 receiving instruction under this Section who are subject to
23 State reimbursement and shall submit reports of services
24 provided commencing with fiscal year 1997 as required in the
25 interagency agreement.
26 For classes authorized under this Section, a credit hour
27 or unit of instruction is equal to 15 hours of direct
28 instruction for students enrolled in approved adult education
29 programs at midterm and making satisfactory progress, in
30 accordance with standards jointly established by the State
31 Board of Education and the Illinois Community College Board
32 as set forth in the interagency agreement.
33 (g) Upon proof submitted to the Illinois Department of
34 Human Services of the payment of all claims submitted under
-38- LRB9003157THpkam01
1 this Section, that Department shall apply for federal funds
2 made available therefor and any federal funds so received
3 shall be paid into the General Revenue Fund in the State
4 Treasury.
5 School districts or community colleges providing classes
6 under this Section shall submit applications to the State
7 Board of Education for preapproval in accordance with the
8 standards jointly established by the State Board of Education
9 and the Illinois Community College Board as set forth in the
10 interagency agreement. Payments shall be made by the State
11 Board of Education based upon approved programs. Interim
12 expenditure reports may be required by the State Board of
13 Education as set forth in the interagency agreement. Final
14 claims for the school year shall be submitted to the regional
15 superintendents for transmittal to the State Board of
16 Education as set forth in the interagency agreement. Final
17 adjusted payments shall be made by September 30.
18 If a school district or community college district fails
19 to provide, or is providing unsatisfactory or insufficient
20 classes under this Section, the State Board of Education may
21 enter into agreements with public or private educational or
22 other agencies other than the public schools for the
23 establishment of such classes.
24 (h) If a school district or community college district
25 establishes child-care facilities for the children of
26 participants in classes established under this Section, it
27 may extend the use of these facilities to students who have
28 obtained employment and to other persons in the community
29 whose children require care and supervision while the parent
30 or other person in charge of the children is employed or
31 otherwise absent from the home during all or part of the day.
32 It may make the facilities available before and after as well
33 as during regular school hours to school age and preschool
34 age children who may benefit thereby, including children who
-39- LRB9003157THpkam01
1 require care and supervision pending the return of their
2 parent or other person in charge of their care from
3 employment or other activity requiring absence from the home.
4 The State Board of Education shall pay to the board the
5 cost of care in the facilities for any child who is a
6 recipient of financial aid under The Illinois Public Aid
7 Code.
8 The board may charge for care of children for whom it
9 cannot make claim under the provisions of this Section. The
10 charge shall not exceed per capita cost, and to the extent
11 feasible, shall be fixed at a level which will permit
12 utilization by employed parents of low or moderate income.
13 It may also permit any other State or local governmental
14 agency or private agency providing care for children to
15 purchase care.
16 After July 1, 1970 when the provisions of Section
17 10-20.20 become operative in the district, children in a
18 child-care facility shall be transferred to the kindergarten
19 established under that Section for such portion of the day as
20 may be required for the kindergarten program, and only the
21 prorated costs of care and training provided in the Center
22 for the remaining period shall be charged to the Illinois
23 Department of Human Services or other persons or agencies
24 paying for such care.
25 (i) The provisions of this Section shall also apply to
26 school districts having a population exceeding 500,000.
27 (Source: P.A. 89-507, eff. 7-1-97; 89-524, eff. 7-19-96;
28 revised 8-15-96; 90-14, eff. 7-1-97.)
29 (105 ILCS 5/10-22.23) (from Ch. 122, par. 10-22.23)
30 Sec. 10-22.23. School Nurse. To employ a registered
31 professional nurse and define the duties of the school nurse
32 within the guidelines of rules and regulations promulgated by
33 the State Board of Education. Any school nurse first
-40- LRB9003157THpkam01
1 employed on or after July 1, 1976, whose duties require
2 teaching or the exercise of instructional judgment or
3 educational evaluation of pupils, must be certificated under
4 Section 21-25 of this Act. School districts may employ
5 non-certificated registered professional nurses to perform
6 professional nursing services.
7 (Source: P.A. 81-1508.)
8 (105 ILCS 5/10-22.34c new)
9 Sec. 10-22.34c. Third party non-instructional services.
10 Notwithstanding any other law of this State, nothing in this
11 Code prevents a board of education from entering into a
12 contract with a third party for non-instructional services
13 currently performed by any employee or bargaining unit member
14 or from laying off those educational support personnel
15 employees upon 30 days written notice to the affected
16 employees.
17 (105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
18 Sec. 10-23.5. Educational support personnel employees.
19 To employ such educational support personnel employees as it
20 deems advisable and to define their employment duties;
21 provided that residency within any school district shall not
22 be considered in determining the employment or the
23 compensation of any such employee, or whether to retain,
24 promote, assign or transfer such employee. If an educational
25 support personnel employee is removed or dismissed as a
26 result of a decision of the school board to decrease the
27 number of educational support personnel employees employed by
28 the board or to discontinue some particular type of
29 educational support service, written notice shall be mailed
30 to the employee and also given the employee either by
31 certified mail, return receipt requested or personal delivery
32 with receipt at least 30 60 days before the employee is
-41- LRB9003157THpkam01
1 removed or dismissed end of the school term, together with a
2 statement of honorable dismissal and the reason therefor.
3 The employee with the shorter length of continuing service
4 with the district, within the respective category of
5 position, shall be dismissed first unless an alternative
6 method of determining the sequence of dismissal is
7 established in a collective bargaining agreement or contract
8 between the board and any exclusive bargaining agent and
9 except that this provision shall not impair the operation of
10 any affirmative action program in the district, regardless of
11 whether it exists by operation of law or is conducted on a
12 voluntary basis by the board. If the board has any vacancies
13 for the following school term or within one calendar year
14 from the beginning of the following school term, the
15 positions thereby becoming available within a specific
16 category of position shall be tendered to the employees so
17 removed or dismissed from that category of position, so far
18 as they are qualified to hold such positions. Each board
19 shall, in consultation with any exclusive employee
20 representative or bargaining agent, each year establish a
21 list, categorized by positions, showing the length of
22 continuing service of each full time educational support
23 personnel employee who is qualified to hold any such
24 positions, unless an alternative method of determining a
25 sequence of dismissal is established as provided for in this
26 Section, in which case a list shall be made in accordance
27 with the alternative method. Copies of the list shall be
28 distributed to the exclusive employee representative or
29 bargaining agent on or before February 1 of each year. Where
30 an educational support personnel employee is dismissed by the
31 board as a result of a decrease in the number of employees or
32 the discontinuance of the employee's job, the employee shall
33 be paid all earned compensation on or before the third
34 business day following his or her last day of employment.
-42- LRB9003157THpkam01
1 The provisions of this amendatory Act of 1986 relating to
2 residency within any school district shall not apply to
3 cities having a population exceeding 500,000 inhabitants.
4 (Source: P.A. 89-618, eff. 8-9-96.)
5 (105 ILCS 5/10-23.8) (from Ch. 122, par. 10-23.8)
6 Sec. 10-23.8. Superintendent contracts under multi-year
7 contract. After the effective date of this amendatory Act of
8 1997 and the expiration of contracts in effect on the
9 effective date of this amendatory Act, school districts may
10 only To employ a superintendent under either a contract for a
11 period not exceeding one year or a multi-year
12 performance-based contract for a period not exceeding 5
13 years. No such contract can be offered or accepted for less
14 than or more than three years, except for a person serving as
15 superintendent for the first time in Illinois. In such case,
16 the initial contract shall be for a two year period. Such
17 contract may be discontinued at any time by mutual agreement
18 of the contracting parties, or may be extended for an
19 additional 3 years at the end of any year.
20 Performance-based contracts shall be linked to student
21 performance and academic improvement within the schools of
22 the districts. No performance-based contract shall be
23 extended or rolled-over prior to its scheduled expiration
24 unless all the performance and improvement goals contained in
25 the contract have been met. Each performance-based contract
26 shall include the goals and indicators of student performance
27 and academic improvement determined and used by the local
28 school board to measure the performance and effectiveness of
29 the superintendent and such other information as the local
30 school board may determine.
31 The contract year is July 1 through the following June
32 30, unless the contract specifically provides otherwise.
33 Notice of intent not to renew the contract must be given by
-43- LRB9003157THpkam01
1 the board or by the superintendent by April 1 of the year in
2 which the contract expires, unless the contract specifically
3 provides otherwise. Failure to do so will automatically
4 extend the contract for 1 additional year. The provisions of
5 this paragraph shall not apply to a district under a
6 Financial Oversight Panel pursuant to Section 1A-8 for
7 violating a financial plan.
8 Notice of intent not to renew a contract when given by a
9 board must be in writing, stating the specific reason
10 therefor. Within 10 days after receipt of such notice of
11 intent not to renew a contract, the superintendent may
12 request a closed session hearing on the dismissal. At the
13 hearing the superintendent has the privilege of presenting
14 evidence, witnesses and defenses on the grounds for
15 dismissal. The provisions of this paragraph shall not apply
16 to a district under a Financial Oversight Panel pursuant to
17 Section 1A-8 for violating a financial plan.
18 By accepting the terms of a multi-year contract, the
19 superintendent waives all rights granted him or her under
20 Sections 24-11 through 24-16 of this Act for the duration of
21 his or her employment as superintendent in the district.
22 (Source: P.A. 89-572, eff. 7-30-96.)
23 (105 ILCS 5/10-23.8a) (from Ch. 122, par. 10-23.8a)
24 Sec. 10-23.8a. Principal and other administrator
25 contracts under multi-year contract. After the effective date
26 of this amendatory Act of 1997 and the expiration of
27 contracts in effect on the effective date of this amendatory
28 Act, school districts may only To employ principals and other
29 school administrators under either a contract for a period
30 not to exceed one year or a principal under a multi-year
31 performance-based contract for a period not to exceed 5
32 years. No such contract can be offered or accepted for less
33 than or more than 3 years, except for a person serving as
-44- LRB9003157THpkam01
1 principal for the first time in Illinois. In such case, the
2 initial contract shall be for a 2 year period. Such contract
3 may be discontinued at any time by mutual agreement of the
4 contracting parties, or may be extended for an additional 3
5 years at the end of any year.
6 Performance-based contracts shall be linked to student
7 performance and academic improvement attributable to the
8 responsibilities and duties of the principal or
9 administrator. No performance-based contract shall be
10 extended or rolled-over prior to its scheduled expiration
11 unless all the performance and improvement goals contained in
12 the contract have been met. Each performance-based contract
13 shall include the goals and indicators of student performance
14 and academic improvement determined and used by the local
15 school board to measure the performance and effectiveness of
16 the principal or other administrator and such other
17 information as the local school board may determine.
18 The contract year is July 1 through the following
19 June 30, unless the contract specifically provides otherwise.
20 Notice of intent not to renew the contract must be given by
21 the board or by the principal at least 90 days before the
22 contract expires. Failure to do so will automatically extend
23 the contract for 1 additional year. If offered by a school
24 board, each individual principal shall have the option to
25 accept or refuse a multi-year contract. The provisions of
26 this paragraph shall not apply to a district under a
27 Financial Oversight Panel pursuant to Section 1A-8 for
28 violating a financial plan.
29 By accepting the terms of a multi-year contract, the
30 principal or administrator waives all rights granted him or
31 her under Sections 24-11 through 24-16 of this Act for the
32 duration of his or her employment as a principal or an
33 administrator in the district.
34 (Source: P.A. 89-572, eff. 7-30-96.)
-45- LRB9003157THpkam01
1 (105 ILCS 5/17-1.5 new)
2 Sec. 17-1.5. Limitation of administrative costs.
3 (a) It is the purpose of this Section to establish
4 limitations on the growth of administrative expenditures in
5 order to maximize the proportion of school district resources
6 available for the instructional program, building
7 maintenance, and safety services for the students of each
8 district.
9 (b) Definitions. For the purposes of this Section:
10 "Administrative expenditures" mean the annual
11 expenditures of school districts properly attributable to
12 expenditure functions defined by the rules of the State Board
13 of Education as: 2310 (Board of Education Services); 2320
14 (Executive Administration Services); 2330 (Special Area
15 Administration Services); 2490 (Other Support Services -
16 School Administration); 2510 (Direction of Business Support
17 Services); 2520 (Fiscal Services); 2570 (Internal Services);
18 2600 (Total Support Services - Central); and all
19 expenditures properly attributable for the Service Area
20 Direction of functions 2540 (Operations and Maintenance of
21 Plant Services), 2550 (Pupil Transportation Services), and
22 2560 (Food Services).
23 "Instructional expenditures" mean the annual expenditures
24 of school districts properly attributable to expenditure
25 functions defined by the rules of the State Board of
26 Education as: 1100 (Regular Programs); 1200 (Special
27 Education Programs); 1250 (Educational Deprived/Remedial
28 Programs); 1300 (Adult/Continuing Education Programs); 1400
29 (Vocational Programs); 1500 (Interscholastic Programs); 1600
30 (Summer School Programs); 1650 (Gifted Programs); 1800
31 (Bilingual Programs); and 1900 (Truants' Alternative and
32 Optional Programs).
33 "School district" means all school districts having a
34 population of less than 500,000.
-46- LRB9003157THpkam01
1 (c) For the 1998-99 school year and each school year
2 thereafter, each school district shall undertake budgetary
3 and expenditure control actions so that the increase in
4 administrative expenditures for that school year over the
5 prior school year do not exceed the lesser of 5% or the
6 percentage increase in instructional expenditures for that
7 school year over the prior school year. School districts
8 with administrative expenditures per pupil in the 25th
9 percentile and below for all districts of the same type, as
10 defined by the State Board of Education, may waive the
11 limitation imposed under this Section for any year with the
12 affirmative vote of at least two-thirds of the members of the
13 school board of the district.
14 (d) School districts shall file with the State Board of
15 Education by October 15, 1998 and by each October 15th
16 thereafter a one-page report that lists (i) the actual
17 administrative expenditures and the actual instructional
18 expenditures for the prior year from the district's audited
19 Annual Financial Report, and (ii) the projected
20 administrative expenditures and the projected instructional
21 expenditures for the current year from the budget adopted by
22 the school board pursuant to Section 17-1 of this Code. If
23 the report and information required under this subsection (d)
24 is not provided by the school district in a timely manner, or
25 is initially or subsequently determined by the State
26 Superintendent of Education to be incomplete or inaccurate,
27 the State Superintendent shall notify the district in writing
28 of reporting deficiencies. The school district shall, within
29 60 days of the notice, address the reporting deficiencies
30 identified. If the State Superintendent does not receive a
31 satisfactory response to these reporting deficiencies within
32 these 60 days, the next payment of general State aid due the
33 district under Section 18-8 of this Code, and all subsequent
34 payments, may be withheld until the deficiencies have been
-47- LRB9003157THpkam01
1 addressed.
2 (e) If the State Superintendent determines that a school
3 district has failed to comply with the administrative
4 expenditure limitation imposed in subsection (c) of this
5 Section by adopting a budget in violation of the limitation
6 or by having actual administrative expenditures for the prior
7 year in excess of the limitation, the State Superintendent
8 shall notify the district of the violation and direct the
9 district to undertake corrective action to bring the
10 district's budget into compliance with the administrative
11 expenditure limitation. The district shall, within 60 days
12 of the notice, provide adequate assurance to the State
13 Superintendent that appropriate corrective actions have been
14 or will be taken. If the district fails to provide adequate
15 assurance or fails to undertake the necessary corrective
16 actions, the State Superintendent may withhold all subsequent
17 payments of general State aid due the district under Section
18 18-8 of this Code until the assurance is provided or the
19 corrective actions taken.
20 (f) The State Superintendent shall publish a list each
21 year of the school districts that violate the limitation
22 imposed by subsection (c) of this Section. The State Board
23 of Education may recommend to the General Assembly and the
24 Governor any additional sanctions or remedial actions that
25 they determine necessary to deter non-compliance with the
26 limitation.
27 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
28 Sec. 18-4.3. Summer school grants. Grants shall be
29 determined for pupil attendance in summer schools conducted
30 under Sections 10-22.33A and 34-18 and approved under Section
31 2-3.25 in the following manner.
32 The amount of grant for each accredited summer school
33 attendance pupil shall be obtained by dividing the total
-48- LRB9003157THpkam01
1 amount of apportionments determined under subsections (1) and
2 (2) of Section 18-8 or Section 18-8.05 by the actual number
3 of pupils in average daily attendance used for such
4 apportionments. The number of credited summer school
5 attendance pupils shall be determined (a) by counting clock
6 hours of class instruction by pupils enrolled in grades 1
7 through 12 in approved courses conducted at least 60 clock
8 hours in summer sessions; (b) by dividing such total of clock
9 hours of class instruction by 4 to produce days of credited
10 pupil attendance; (c) by dividing such days of credited pupil
11 attendance by the actual number of days in the regular term
12 as used in computation in the general apportionment in
13 Section 18-8; and (d) by multiplying by 1.25.
14 The amount of the grant for a summer school program
15 approved by the State Superintendent of Education for
16 children with disabilities, as defined in Sections 14-1.02
17 through 14-1.07, shall be determined in the manner contained
18 above except that average daily membership shall be utilized
19 in lieu of average daily attendance.
20 In the case of an apportionment based on summer school
21 attendance or membership pupils, the claim therefor shall be
22 presented as a separate claim for the particular school year
23 in which such summer school session ends. On or before
24 October 15 of each year the superintendent of each eligible
25 school district shall certify to the regional superintendent
26 the claim of the district for the summer session just ended.
27 Failure on the part of the school board to so certify shall
28 constitute a forfeiture of its right to such payment. The
29 regional superintendent shall certify to the State
30 Superintendent of Education no later than November 1 the
31 regional report of claims for summer school. The State
32 Superintendent of Education shall transmit to the Comptroller
33 no later than December 15th of each year vouchers for payment
34 of amounts due school districts for summer school. The State
-49- LRB9003157THpkam01
1 Superintendent of Education shall direct the Comptroller to
2 draw his warrants for payments thereof by the 30th day of
3 December. If the money appropriated by the General Assembly
4 for such purpose for any year is insufficient, it shall be
5 apportioned on the basis of claims approved.
6 However, notwithstanding the foregoing provisions, for
7 each fiscal year the money appropriated by the General
8 Assembly for the purposes of this Section shall only be used
9 for grants for approved summer school programs for those
10 children with disabilities served pursuant to Sections
11 14-7.02 and 14-7.02a of the School Code.
12 (Source: P.A. 88-9; 88-641, eff. 9-9-94; 89-397, eff.
13 8-20-95.)
14 (105 ILCS 5/18-7) (from Ch. 122, par. 18-7)
15 Sec. 18-7. Payments for benefit of teacher retirement
16 systems.
17 (a) In each fiscal year through fiscal year 1998, the
18 State Board of Education shall distribute to the Public
19 School Teachers' Pension and Retirement Fund of Chicago the
20 sum, if any, appropriated for that fiscal year from the
21 Common School Fund for the benefit of the Retirement Fund, in
22 the manner provided in this Section, the Illinois Pension
23 Code, the State Finance Act, and other applicable provisions
24 of law. In making this distribution, the State Board of
25 Education shall present vouchers to the State Comptroller on
26 the 10th and 20th days of each month beginning in August.
27 Each payment shall equal 1/24 of the annual amount
28 appropriated in the months of August through May and 1/12 of
29 the annual amount appropriated in June.
30 Beginning in fiscal year 1999, the State contributions to
31 the Public School Teachers' Pension and Retirement Fund of
32 Chicago shall be appropriated directly to the Fund and paid
33 in vouchers submitted by the board of trustees of the Fund.
-50- LRB9003157THpkam01
1 Vouchers submitted under this subsection shall be paid by the
2 State Comptroller and Treasurer by warrants drawn on funds
3 appropriated to the Public School Teachers' Pension and
4 Retirement Fund of Chicago State Board of Education for that
5 purpose.
6 (b) The State Board of Education shall, in State fiscal
7 year 1995, pay to the Teachers' Retirement System of the
8 State of Illinois the amount appropriated for the required
9 State contribution to the System for that fiscal year. The
10 State Board of Education shall present vouchers to the State
11 Comptroller for this purpose on the 10th and 20th days of
12 each month of the fiscal year, other than the month of July.
13 Each payment in the months of August through May shall equal
14 1/24 of the amount appropriated for that fiscal year; each
15 payment in the month of June shall equal 1/12 of the amount
16 appropriated for that fiscal year.
17 Vouchers submitted under this subsection shall be paid by
18 the State Comptroller and Treasurer by warrants drawn on
19 funds appropriated to the State Board of Education for that
20 purpose.
21 (c) Beginning in State fiscal year 1996, the required
22 State contributions to the Teachers' Retirement System of the
23 State of Illinois shall be appropriated directly to the
24 System and paid on vouchers submitted by the board of
25 trustees of the retirement system, as provided in Section
26 16-158 of the Illinois Pension Code. These vouchers shall be
27 paid by the State Comptroller and Treasurer by warrants drawn
28 on funds appropriated to the retirement system for that
29 purpose.
30 (Source: P.A. 88-593, eff. 8-22-94.)
31 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
32 Sec. 18-8. Basis for apportionment to districts,
33 laboratory schools and alternative schools.
-51- LRB9003157THpkam01
1 A. The amounts to be apportioned for school years prior
2 to the 1998-1999 school year shall be determined for each
3 educational service region by school districts, as follows:
4 1. General Provisions.
5 (a) In the computation of the amounts to be apportioned,
6 the average daily attendance of all pupils in grades 9
7 through 12 shall be multiplied by 1.25. The average daily
8 attendance of all pupils in grades 7 and 8 shall be
9 multiplied by 1.05.
10 (b) The actual number of pupils in average daily
11 attendance shall be computed in a one-teacher school district
12 by dividing the total aggregate days of pupil attendance by
13 the actual number of days school is in session but not more
14 than 30 such pupils shall be accredited for such type of
15 district; and in districts of 2 or more teachers, or in
16 districts where records of attendance are kept by session
17 teachers, by taking the sum of the respective averages of the
18 units composing the group.
19 (c) Pupils in average daily attendance shall be computed
20 upon the average of the best 3 months of pupils attendance of
21 the current school year except as district claims may be
22 later amended as provided hereinafter in this Section.
23 However, for any school district maintaining grades
24 kindergarten through 12, the "average daily attendance" shall
25 be computed on the average of the best 3 months of pupils
26 attendance of the current year in grades kindergarten through
27 8, added together with the average of the best 3 months of
28 pupils attendance of the current year in grades 9 through 12,
29 except as district claims may be later amended as provided in
30 this Section. Days of attendance shall be kept by regular
31 calendar months, except any days of attendance in August
32 shall be added to the month of September and any days of
33 attendance in June shall be added to the month of May.
34 Except as otherwise provided in this Section, days of
-52- LRB9003157THpkam01
1 attendance by pupils shall be counted only for sessions of
2 not less than 5 clock hours of school work per day under
3 direct supervision of: (i) teachers, or (ii) non-teaching
4 personnel or volunteer personnel when engaging in
5 non-teaching duties and supervising in those instances
6 specified in subsection (a) of Section 10-22.34 and paragraph
7 10 of Section 34-18, with pupils of legal school age and in
8 kindergarten and grades 1 through 12.
9 (d) Pupils regularly enrolled in a public school for
10 only a part of the school day may be counted on the basis of
11 1/6 day for every class hour of instruction of 40 minutes or
12 more attended pursuant to such enrollment.
13 (e) Days of attendance may be less than 5 clock hours on
14 the opening and closing of the school term, and upon the
15 first day of pupil attendance, if preceded by a day or days
16 utilized as an institute or teachers' workshop.
17 (f) A session of 4 or more clock hours may be counted as
18 a day of attendance upon certification by the regional
19 superintendent, and approved by the State Superintendent of
20 Education to the extent that the district has been forced to
21 use daily multiple sessions.
22 (g) A session of 3 or more clock hours may be counted as
23 a day of attendance (1) when the remainder of the school day
24 or at least 2 hours in the evening of that day is utilized
25 for an in-service training program for teachers, up to a
26 maximum of 5 days per school year of which a maximum of 4
27 days of such 5 days may be used for parent-teacher
28 conferences, provided a district conducts an in-service
29 training program for teachers which has been approved by the
30 State Superintendent of Education; or, in lieu of 4 such
31 days, 2 full days may be used, in which event each such day
32 may be counted as a day of attendance; and (2) when days in
33 addition to those provided in item (1) are scheduled by a
34 school pursuant to its school improvement plan adopted under
-53- LRB9003157THpkam01
1 Article 34 or its revised or amended school improvement plan
2 adopted under Article 2, provided that (i) such sessions of 3
3 or more clock hours are scheduled to occur at regular
4 intervals, (ii) the remainder of the school days in which
5 such sessions occur are utilized for in-service training
6 programs or other staff development activities for teachers,
7 and (iii) a sufficient number of minutes of school work under
8 the direct supervision of teachers are added to the school
9 days between such regularly scheduled sessions to accumulate
10 not less than the number of minutes by which such sessions of
11 3 or more clock hours fall short of 5 clock hours. Any full
12 days used for the purposes of this paragraph shall not be
13 considered for computing average daily attendance. Days
14 scheduled for in-service training programs, staff development
15 activities, or parent-teacher conferences may be scheduled
16 separately for different grade levels and different
17 attendance centers of the district.
18 (h) A session of not less than one clock hour teaching
19 of hospitalized or homebound pupils on-site or by telephone
20 to the classroom may be counted as 1/2 day of attendance,
21 however these pupils must receive 4 or more clock hours of
22 instruction to be counted for a full day of attendance.
23 (i) A session of at least 4 clock hours may be counted
24 as a day of attendance for first grade pupils, and pupils in
25 full day kindergartens, and a session of 2 or more hours may
26 be counted as 1/2 day of attendance by pupils in
27 kindergartens which provide only 1/2 day of attendance.
28 (j) For children with disabilities who are below the age
29 of 6 years and who cannot attend two or more clock hours
30 because of their disability or immaturity, a session of not
31 less than one clock hour may be counted as 1/2 day of
32 attendance; however for such children whose educational needs
33 so require a session of 4 or more clock hours may be counted
34 as a full day of attendance.
-54- LRB9003157THpkam01
1 (k) A recognized kindergarten which provides for only
2 1/2 day of attendance by each pupil shall not have more than
3 1/2 day of attendance counted in any 1 day. However,
4 kindergartens may count 2 1/2 days of attendance in any 5
5 consecutive school days. Where a pupil attends such a
6 kindergarten for 2 half days on any one school day, such
7 pupil shall have the following day as a day absent from
8 school, unless the school district obtains permission in
9 writing from the State Superintendent of Education.
10 Attendance at kindergartens which provide for a full day of
11 attendance by each pupil shall be counted the same as
12 attendance by first grade pupils. Only the first year of
13 attendance in one kindergarten shall be counted except in
14 case of children who entered the kindergarten in their fifth
15 year whose educational development requires a second year of
16 kindergarten as determined under the rules and regulations of
17 the State Board of Education.
18 (l) Days of attendance by tuition pupils shall be
19 accredited only to the districts that pay the tuition to a
20 recognized school.
21 (m) The greater of the immediately preceding year's
22 weighted average daily attendance or the average of the
23 weighted average daily attendance of the immediately
24 preceding year and the previous 2 years shall be used.
25 For any school year beginning July 1, 1986 or thereafter,
26 if the weighted average daily attendance in either grades
27 kindergarten through 8 or grades 9 through 12 of a district
28 as computed for the first calendar month of the current
29 school year exceeds by more than 5%, but not less than 25
30 pupils, the district's weighted average daily attendance for
31 the first calendar month of the immediately preceding year
32 in, respectively, grades kindergarten through 8 or grades 9
33 through 12, a supplementary payment shall be made to the
34 district equal to the difference in the amount of aid the
-55- LRB9003157THpkam01
1 district would be paid under this Section using the weighted
2 average daily attendance in the district as computed for the
3 first calendar month of the current school year and the
4 amount of aid the district would be paid using the weighted
5 average daily attendance in the district for the first
6 calendar month of the immediately preceding year. Such
7 supplementary State aid payment shall be paid to the district
8 as provided in Section 18-8.4 and shall be treated as
9 separate from all other payments made pursuant to this
10 Section 18-8.
11 (n) The number of low income eligible pupils in a
12 district shall result in an increase in the weighted average
13 daily attendance calculated as follows: The number of low
14 income pupils shall increase the weighted ADA by .53 for each
15 student adjusted by dividing the percent of low income
16 eligible pupils in the district by the ratio of eligible low
17 income pupils in the State to the best 3 months' weighted
18 average daily attendance in the State. In no case may the
19 adjustment under this paragraph result in a greater weighting
20 than .625 for each eligible low income student. The number
21 of low income eligible pupils in a district shall be the
22 low-income eligible count from the most recently available
23 federal census and the weighted average daily attendance
24 shall be calculated in accordance with the other provisions
25 of this paragraph.
26 (o) Any school district which fails for any given school
27 year to maintain school as required by law, or to maintain a
28 recognized school is not eligible to file for such school
29 year any claim upon the common school fund. In case of
30 nonrecognition of one or more attendance centers in a school
31 district otherwise operating recognized schools, the claim of
32 the district shall be reduced in the proportion which the
33 average daily attendance in the attendance center or centers
34 bear to the average daily attendance in the school district.
-56- LRB9003157THpkam01
1 A "recognized school" means any public school which meets the
2 standards as established for recognition by the State Board
3 of Education. A school district or attendance center not
4 having recognition status at the end of a school term is
5 entitled to receive State aid payments due upon a legal claim
6 which was filed while it was recognized.
7 (p) School district claims filed under this Section are
8 subject to Sections 18-9, 18-10 and 18-12, except as herein
9 otherwise provided.
10 (q) The State Board of Education shall secure from the
11 Department of Revenue the value as equalized or assessed by
12 the Department of Revenue of all taxable property of every
13 school district together with the applicable tax rate used in
14 extending taxes for the funds of the district as of September
15 30 of the previous year. The Department of Revenue shall add
16 to the equalized assessed value of all taxable property of
17 each school district situated entirely or partially within a
18 county with 2,000,000 or more inhabitants an amount equal to
19 the total amount by which the homestead exemptions allowed
20 under Sections 15-170 and 15-175 of the Property Tax Code for
21 real property situated in that school district exceeds the
22 total amount that would have been allowed in that school
23 district as homestead exemptions under those Sections if the
24 maximum reduction under Section 15-170 of the Property Tax
25 Code was $2,000 and the maximum reduction under Section
26 15-175 of the Property Tax Code was $3,500. The county clerk
27 of any county with 2,000,000 or more inhabitants shall
28 annually calculate and certify to the Department for each
29 school district all homestead exemption amounts required by
30 this amendatory Act of 1992. In a new district which has not
31 had any tax rates yet determined for extension of taxes, a
32 leveled uniform rate shall be computed from the latest amount
33 of the fund taxes extended on the several areas within such
34 new district.
-57- LRB9003157THpkam01
1 (r) If a school district operates a full year school
2 under Section 10-19.1, the general state aid to the school
3 district shall be determined by the State Board of Education
4 in accordance with this Section as near as may be applicable.
5 2. New or recomputed claim. The general State aid
6 entitlement for a newly created school district or a district
7 which has annexed an entire school district shall be computed
8 using attendance, compensatory pupil counts, equalized
9 assessed valuation, and tax rate data which would have been
10 used had the district been in existence for 3 years. General
11 State aid entitlements shall not be recomputed except as
12 permitted herein.
13 3. Impaction. Impaction payments shall be made as
14 provided for in Section 18-4.2.
15 4. Summer school. Summer school payments shall be made
16 as provided in Section 18-4.3.
17 5. Computation of State aid. The State grant shall be
18 determined as follows:
19 (a) The State shall guarantee the amount of money that a
20 district's operating tax rate as limited in other Sections of
21 this Act would produce if every district maintaining grades
22 kindergarten through 12 had an equalized assessed valuation
23 equal to $74,791 per weighted ADA pupil; every district
24 maintaining grades kindergarten through 8 had an equalized
25 assessed valuation of $108,644 per weighted ADA pupil; and
26 every district maintaining grades 9 through 12 had an
27 equalized assessed valuation of $187,657 per weighted ADA
28 pupil. The State Board of Education shall adjust the
29 equalized assessed valuation amounts stated in this
30 paragraph, if necessary, to conform to the amount of the
31 appropriation approved for any fiscal year.
32 (b) The operating tax rate to be used shall consist of
33 all district taxes extended for all purposes except community
34 college educational purposes for the payment of tuition under
-58- LRB9003157THpkam01
1 Section 6-1 of the Public Community College Act, Bond and
2 Interest, Summer School, Rent, Capital Improvement and
3 Vocational Education Building. Any district may elect to
4 exclude Transportation from the calculation of its operating
5 tax rate. Districts may include taxes extended for the
6 payment of principal and interest on bonds issued under the
7 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
8 per year for each purpose or the actual rate extended,
9 whichever is less.
10 (c) For calculation of aid under this Act a district
11 shall use the combined authorized tax rates of all funds not
12 exempt in (b) above, not to exceed 2.76% of the value of all
13 its taxable property as equalized or assessed by the
14 Department of Revenue for districts maintaining grades
15 kindergarten through 12; 1.90% of the value of all its
16 taxable property as equalized or assessed by the Department
17 of Revenue for districts maintaining grades kindergarten
18 through 8 only; 1.10% of the value of all its taxable
19 property as equalized or assessed by the Department of
20 Revenue for districts maintaining grades 9 through 12 only.
21 A district may, however, as provided in Article 17, increase
22 its operating tax rate above the maximum rate provided in
23 this subsection without affecting the amount of State aid to
24 which it is entitled under this Act.
25 (d) (1) For districts maintaining grades kindergarten
26 through 12 with an operating tax rate as described in
27 subsections 5(b) and (c) of less than 2.18%, and districts
28 maintaining grades kindergarten through 8 with an operating
29 tax rate of less than 1.28%, State aid shall be computed by
30 multiplying the difference between the guaranteed equalized
31 assessed valuation per weighted ADA pupil in subsection 5(a)
32 and the equalized assessed valuation per weighted ADA pupil
33 in the district by the operating tax rate, multiplied by the
34 weighted average daily attendance of the district; provided,
-59- LRB9003157THpkam01
1 however, that for the 1989-1990 school year only, a school
2 district maintaining grades kindergarten through 8 whose
3 operating tax rate with reference to which its general State
4 aid for the 1989-1990 school year is determined is less than
5 1.28% and more than 1.090%, and which had an operating tax
6 rate of 1.28% or more for the previous year, shall have its
7 general State aid computed according to the provisions of
8 subsection 5(d)(2).
9 (2) For districts maintaining grades kindergarten
10 through 12 with an operating tax rate as described in
11 subsection 5(b) and (c) of 2.18% and above, the State aid
12 shall be computed as provided in subsection (d) (1) but as
13 though the district had an operating tax rate of 2.76%; in
14 K-8 districts with an operating tax rate of 1.28% and above,
15 the State aid shall be computed as provided in subsection (d)
16 (1) but as though the district had an operating tax rate of
17 1.90%; and in 9-12 districts, the State aid shall be computed
18 by multiplying the difference between the guaranteed
19 equalized assessed valuation per weighted average daily
20 attendance pupil in subsection 5(a) and the equalized
21 assessed valuation per weighted average daily attendance
22 pupil in the district by the operating tax rate, not to
23 exceed 1.10%, multiplied by the weighted average daily
24 attendance of the district. State aid computed under the
25 provisions of this subsection (d) (2) shall be treated as
26 separate from all other payments made pursuant to this
27 Section. The State Comptroller and State Treasurer shall
28 transfer from the General Revenue Fund to the Common School
29 Fund the amounts necessary to permit these claims to be paid
30 in equal installments along with other State aid payments
31 remaining to be made for the 1983-1984 school year under this
32 Section.
33 (3) For any school district whose 1995 equalized
34 assessed valuation is at least 6% less than its 1994
-60- LRB9003157THpkam01
1 equalized assessed valuation as the result of a reduction in
2 the equalized assessed valuation of the taxable property
3 within such district of any one taxpayer whose taxable
4 property within the district has a 1994 equalized assessed
5 valuation constituting at least 20% of the 1994 equalized
6 assessed valuation of all taxable property within the
7 district, the 1996-97 State aid of such district shall be
8 computed using its 1995 equalized assessed valuation.
9 (4) For any school district whose 1988 equalized
10 assessed valuation is 55% or less of its 1981 equalized
11 assessed valuation, the 1990-91 State aid of such district
12 shall be computed by multiplying the 1988 equalized assessed
13 valuation by a factor of .8. Any such school district which
14 is reorganized effective for the 1991-92 school year shall
15 use the formula provided in this subparagraph for purposes of
16 the calculation made pursuant to subsection (m) of this
17 Section.
18 (e) The amount of State aid shall be computed under the
19 provisions of subsections 5(a) through 5(d) provided the
20 equalized assessed valuation per weighted ADA pupil is less
21 than .87 of the amounts in subsection 5(a). If the equalized
22 assessed valuation per weighted ADA pupil is equal to or
23 greater than .87 of the amounts in subsection 5(a), the State
24 aid shall be computed under the provisions of subsection
25 5(f).
26 (f) If the equalized assessed valuation per weighted ADA
27 pupil is equal to or greater than .87 of the amounts in
28 subsection 5(a), the State aid per weighted ADA pupil shall
29 be computed by multiplying the product of .13 times the
30 maximum per pupil amount computed under the provisions of
31 subsections 5(a) through 5(d) by an amount equal to the
32 quotient of .87 times the equalized assessed valuation per
33 weighted ADA pupil in subsection 5(a) for that type of
34 district divided by the district equalized valuation per
-61- LRB9003157THpkam01
1 weighted ADA pupil except in no case shall the district
2 receive State aid per weighted ADA pupil of less than .07
3 times the maximum per pupil amount computed under the
4 provisions of subsections 5(a) through 5(d).
5 (g) In addition to the above grants, summer school
6 grants shall be made based upon the calculation as provided
7 in subsection 4 of this Section.
8 (h) The board of any district receiving any of the
9 grants provided for in this Section may apply those funds to
10 any fund so received for which that board is authorized to
11 make expenditures by law.
12 (i) (1) (a) In school districts with an average daily
13 attendance of 50,000 or more, the amount which is provided
14 under subsection 1(n) of this Section by the application of a
15 base Chapter 1 weighting factor of .375 shall be distributed
16 to the attendance centers within the district in proportion
17 to the number of pupils enrolled at each attendance center
18 who are eligible to receive free or reduced-price lunches or
19 breakfasts under the federal Child Nutrition Act of 1966 and
20 under the National School Lunch Act during the immediately
21 preceding school year. The amount of State aid provided
22 under subsection 1(n) of this Section by the application of
23 the Chapter 1 weighting factor in excess of .375 shall be
24 distributed to the attendance centers within the district in
25 proportion to the total enrollment at each attendance center.
26 Beginning with school year 1989-90, and each school year
27 thereafter, all funds provided under subsection 1 (n) of this
28 Section by the application of the Chapter 1 weighting factor
29 which are in excess of the level of non-targeted Chapter 1
30 funds in school year 1988-89 shall be distributed to
31 attendance centers, and only to attendance centers, within
32 the district in proportion to the number of pupils enrolled
33 at each attendance center who are eligible to receive free or
34 reduced price lunches or breakfasts under the Federal Child
-62- LRB9003157THpkam01
1 Nutrition Act and under the National School Lunch Act during
2 the immediately preceding school year. Beginning in school
3 year 1989-90, 25% of the previously non-targeted Chapter 1
4 funds as established for school year 1988-89 shall also be
5 distributed to the attendance centers, and only to attendance
6 centers, in the district in proportion to the number of
7 pupils enrolled at each attendance center who are eligible to
8 receive free or reduced price lunches or breakfasts under the
9 Federal Child Nutrition Act and under the National School
10 Lunch Act during the immediately preceding school year; in
11 school year 1990-91, 50% of the previously non-targeted
12 Chapter 1 funds as established for school year 1988-89 shall
13 be distributed to attendance centers, and only to attendance
14 centers, in the district in proportion to the number of
15 pupils enrolled at each attendance center who are eligible to
16 receive such free or reduced price lunches or breakfasts
17 during the immediately preceding school year; in school year
18 1991-92, 75% of the previously non-targeted Chapter 1 funds
19 as established for school year 1988-89 shall be distributed
20 to attendance centers, and only to attendance centers, in the
21 district in proportion to the number of pupils enrolled at
22 each attendance center who are eligible to receive such free
23 or reduced price lunches or breakfasts during the immediately
24 preceding school year; in school year 1992-93 and thereafter,
25 all funds provided under subsection 1 (n) of this Section by
26 the application of the Chapter 1 weighting factor shall be
27 distributed to attendance centers, and only to attendance
28 centers, in the district in proportion to the number of
29 pupils enrolled at each attendance center who are eligible to
30 receive free or reduced price lunches or breakfasts under the
31 Federal Child Nutrition Act and under the National School
32 Lunch Act during the immediately preceding school year;
33 provided, however, that the distribution formula in effect
34 beginning with school year 1989-90 shall not be applicable to
-63- LRB9003157THpkam01
1 such portion of State aid provided under subsection 1 (n) of
2 this Section by the application of the Chapter 1 weighting
3 formula as is set aside and appropriated by the school
4 district for the purpose of providing desegregation programs
5 and related transportation to students (which portion shall
6 not exceed 5% of the total amount of State aid which is
7 provided under subsection 1 (n) of this Section by
8 application of the Chapter 1 weighting formula), and the
9 relevant percentages shall be applied to the remaining
10 portion of such State aid. The distribution of these
11 portions of general State aid among attendance centers
12 according to these requirements shall not be compensated for
13 or contravened by adjustments of the total of other funds
14 appropriated to any attendance centers. (b) The Board of
15 Education shall utilize funding from one or several sources
16 in order to fully implement this provision annually prior to
17 the opening of school. The Board of Education shall apply
18 savings from reduced administrative costs required under
19 Section 34-43.1 and growth in non-Chapter 1 State and local
20 funds to assure that all attendance centers receive funding
21 to replace losses due to redistribution of Chapter 1 funding.
22 The distribution formula and funding to replace losses due to
23 the distribution formula shall occur, in full, using any and
24 all sources available, including, if necessary, revenue from
25 administrative reductions beyond those required in Section
26 34-43.1, in order to provide the necessary funds. (c) Each
27 attendance center shall be provided by the school district a
28 distribution of noncategorical funds and other categorical
29 funds to which an attendance center is entitled under law in
30 order that the State aid provided by application of the
31 Chapter 1 weighting factor and required to be distributed
32 among attendance centers according to the requirements of
33 this paragraph supplements rather than supplants the
34 noncategorical funds and other categorical funds provided by
-64- LRB9003157THpkam01
1 the school district to the attendance centers.
2 Notwithstanding the foregoing provisions of this subsection
3 5(i)(1) or any other law to the contrary, beginning with the
4 1995-1996 school year and for each school year thereafter,
5 the board of a school district to which the provisions of
6 this subsection apply shall be required to allocate or
7 provide to attendance centers of the district in any such
8 school year, from the State aid provided for the district
9 under this Section by application of the Chapter 1 weighting
10 factor, an aggregate amount of not less than $261,000,000 of
11 State Chapter 1 funds. Any State Chapter 1 funds that by
12 reason of the provisions of this paragraph are not required
13 to be allocated and provided to attendance centers may be
14 used and appropriated by the board of the district for any
15 lawful school purpose. Chapter 1 funds received by an
16 attendance center (except those funds set aside for
17 desegregation programs and related transportation to
18 students) shall be used on the schedule cited in this Section
19 at the attendance center at the discretion of the principal
20 and local school council for programs to improve educational
21 opportunities at qualifying schools through the following
22 programs and services: early childhood education, reduced
23 class size or improved adult to student classroom ratio,
24 enrichment programs, remedial assistance, attendance
25 improvement and other educationally beneficial expenditures
26 which supplement the regular and basic programs as determined
27 by the State Board of Education. Chapter 1 funds shall not
28 be expended for any political or lobbying purposes as defined
29 by board rule. (d) Each district subject to the provisions of
30 this paragraph shall submit an acceptable plan to meet the
31 educational needs of disadvantaged children, in compliance
32 with the requirements of this paragraph, to the State Board
33 of Education prior to July 15 of each year. This plan shall
34 be consistent with the decisions of local school councils
-65- LRB9003157THpkam01
1 concerning the school expenditure plans developed in
2 accordance with part 4 of Section 34-2.3. The State Board
3 shall approve or reject the plan within 60 days after its
4 submission. If the plan is rejected the district shall give
5 written notice of intent to modify the plan within 15 days of
6 the notification of rejection and then submit a modified plan
7 within 30 days after the date of the written notice of intent
8 to modify. Districts may amend approved plans pursuant to
9 rules promulgated by the State Board of Education.
10 Upon notification by the State Board of Education that
11 the district has not submitted a plan prior to July 15 or a
12 modified plan within the time period specified herein, the
13 State aid funds affected by said plan or modified plan shall
14 be withheld by the State Board of Education until a plan or
15 modified plan is submitted.
16 If the district fails to distribute State aid to
17 attendance centers in accordance with an approved plan, the
18 plan for the following year shall allocate funds, in addition
19 to the funds otherwise required by this subparagraph, to
20 those attendance centers which were underfunded during the
21 previous year in amounts equal to such underfunding.
22 For purposes of determining compliance with this
23 subsection in relation to Chapter 1 expenditures, each
24 district subject to the provisions of this subsection shall
25 submit as a separate document by December 1 of each year a
26 report of Chapter 1 expenditure data for the prior year in
27 addition to any modification of its current plan. If it is
28 determined that there has been a failure to comply with the
29 expenditure provisions of this subsection regarding
30 contravention or supplanting, the State Superintendent of
31 Education shall, within 60 days of receipt of the report,
32 notify the district and any affected local school council.
33 The district shall within 45 days of receipt of that
34 notification inform the State Superintendent of Education of
-66- LRB9003157THpkam01
1 the remedial or corrective action to be taken, whether by
2 amendment of the current plan, if feasible, or by adjustment
3 in the plan for the following year. Failure to provide the
4 expenditure report or the notification of remedial or
5 corrective action in a timely manner shall result in a
6 withholding of the affected funds.
7 The State Board of Education shall promulgate rules and
8 regulations to implement the provisions of this subsection
9 5(i)(1). No funds shall be released under subsection 1(n) of
10 this Section or under this subsection 5(i)(1) to any district
11 which has not submitted a plan which has been approved by the
12 State Board of Education.
13 (2) School districts with an average daily attendance of
14 more than 1,000 and less than 50,000 and having a low income
15 pupil weighting factor in excess of .53 shall submit a plan
16 to the State Board of Education prior to October 30 of each
17 year for the use of the funds resulting from the application
18 of subsection 1(n) of this Section for the improvement of
19 instruction in which priority is given to meeting the
20 education needs of disadvantaged children. Such plan shall
21 be submitted in accordance with rules and regulations
22 promulgated by the State Board of Education.
23 (j) For the purposes of calculating State aid under this
24 Section, with respect to any part of a school district within
25 a redevelopment project area in respect to which a
26 municipality has adopted tax increment allocation financing
27 pursuant to the Tax Increment Allocation Redevelopment Act,
28 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
29 Municipal Code or the Industrial Jobs Recovery Law, Sections
30 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
31 no part of the current equalized assessed valuation of real
32 property located in any such project area which is
33 attributable to an increase above the total initial equalized
34 assessed valuation of such property shall be used in
-67- LRB9003157THpkam01
1 computing the equalized assessed valuation per weighted ADA
2 pupil in the district, until such time as all redevelopment
3 project costs have been paid, as provided in Section
4 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
5 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
6 For the purpose of computing the equalized assessed valuation
7 per weighted ADA pupil in the district the total initial
8 equalized assessed valuation or the current equalized
9 assessed valuation, whichever is lower, shall be used until
10 such time as all redevelopment project costs have been paid.
11 (k) For a school district operating under the financial
12 supervision of an Authority created under Article 34A, the
13 State aid otherwise payable to that district under this
14 Section, other than State aid attributable to Chapter 1
15 students, shall be reduced by an amount equal to the budget
16 for the operations of the Authority as certified by the
17 Authority to the State Board of Education, and an amount
18 equal to such reduction shall be paid to the Authority
19 created for such district for its operating expenses in the
20 manner provided in Section 18-11. The remainder of State
21 school aid for any such district shall be paid in accordance
22 with Article 34A when that Article provides for a disposition
23 other than that provided by this Article.
24 (l) For purposes of calculating State aid under this
25 Section, the equalized assessed valuation for a school
26 district used to compute State aid shall be determined by
27 adding to the real property equalized assessed valuation for
28 the district an amount computed by dividing the amount of
29 money received by the district under the provisions of "An
30 Act in relation to the abolition of ad valorem personal
31 property tax and the replacement of revenues lost thereby",
32 certified August 14, 1979, by the total tax rate for the
33 district. For purposes of this subsection 1976 tax rates
34 shall be used for school districts in the county of Cook and
-68- LRB9003157THpkam01
1 1977 tax rates shall be used for school districts in all
2 other counties.
3 (m) (1) For a new school district formed by combining
4 property included totally within 2 or more previously
5 existing school districts, for its first year of existence or
6 if the new district was formed after October 31, 1982 and
7 prior to September 23, 1985, for the year immediately
8 following September 23, 1985, the State aid calculated under
9 this Section shall be computed for the new district and for
10 the previously existing districts for which property is
11 totally included within the new district. If the computation
12 on the basis of the previously existing districts is greater,
13 a supplementary payment equal to the difference shall be made
14 for the first 3 years of existence of the new district or if
15 the new district was formed after October 31, 1982 and prior
16 to September 23, 1985, for the 3 years immediately following
17 September 23, 1985.
18 (2) For a school district which annexes all of the
19 territory of one or more entire other school districts, for
20 the first year during which the change of boundaries
21 attributable to such annexation becomes effective for all
22 purposes as determined under Section 7-9 or 7A-8, the State
23 aid calculated under this Section shall be computed for the
24 annexing district as constituted after the annexation and for
25 the annexing and each annexed district as constituted prior
26 to the annexation; and if the computation on the basis of the
27 annexing and annexed districts as constituted prior to the
28 annexation is greater, a supplementary payment equal to the
29 difference shall be made for the first 3 years of existence
30 of the annexing school district as constituted upon such
31 annexation.
32 (3) For 2 or more school districts which annex all of
33 the territory of one or more entire other school districts,
34 and for 2 or more community unit districts which result upon
-69- LRB9003157THpkam01
1 the division (pursuant to petition under Section 11A-2) of
2 one or more other unit school districts into 2 or more parts
3 and which together include all of the parts into which such
4 other unit school district or districts are so divided, for
5 the first year during which the change of boundaries
6 attributable to such annexation or division becomes effective
7 for all purposes as determined under Section 7-9 or 11A-10,
8 as the case may be, the State aid calculated under this
9 Section shall be computed for each annexing or resulting
10 district as constituted after the annexation or division and
11 for each annexing and annexed district, or for each resulting
12 and divided district, as constituted prior to the annexation
13 or division; and if the aggregate of the State aid as so
14 computed for the annexing or resulting districts as
15 constituted after the annexation or division is less than the
16 aggregate of the State aid as so computed for the annexing
17 and annexed districts, or for the resulting and divided
18 districts, as constituted prior to the annexation or
19 division, then a supplementary payment equal to the
20 difference shall be made and allocated between or among the
21 annexing or resulting districts, as constituted upon such
22 annexation or division, for the first 3 years of their
23 existence. The total difference payment shall be allocated
24 between or among the annexing or resulting districts in the
25 same ratio as the pupil enrollment from that portion of the
26 annexed or divided district or districts which is annexed to
27 or included in each such annexing or resulting district bears
28 to the total pupil enrollment from the entire annexed or
29 divided district or districts, as such pupil enrollment is
30 determined for the school year last ending prior to the date
31 when the change of boundaries attributable to the annexation
32 or division becomes effective for all purposes. The amount
33 of the total difference payment and the amount thereof to be
34 allocated to the annexing or resulting districts shall be
-70- LRB9003157THpkam01
1 computed by the State Board of Education on the basis of
2 pupil enrollment and other data which shall be certified to
3 the State Board of Education, on forms which it shall provide
4 for that purpose, by the regional superintendent of schools
5 for each educational service region in which the annexing and
6 annexed districts, or resulting and divided districts are
7 located.
8 (4) If a unit school district annexes all the territory
9 of another unit school district effective for all purposes
10 pursuant to Section 7-9 on July 1, 1988, and if part of the
11 annexed territory is detached within 90 days after July 1,
12 1988, then the detachment shall be disregarded in computing
13 the supplementary State aid payments under this paragraph (m)
14 for the entire 3 year period and the supplementary State aid
15 payments shall not be diminished because of the detachment.
16 (5) Any supplementary State aid payment made under this
17 paragraph (m) shall be treated as separate from all other
18 payments made pursuant to this Section.
19 (n) For the purposes of calculating State aid under this
20 Section, the real property equalized assessed valuation for a
21 school district used to compute State aid shall be determined
22 by subtracting from the real property value as equalized or
23 assessed by the Department of Revenue for the district an
24 amount computed by dividing the amount of any abatement of
25 taxes under Section 18-170 of the Property Tax Code by the
26 maximum operating tax rates specified in subsection 5(c) of
27 this Section and an amount computed by dividing the amount of
28 any abatement of taxes under subsection (a) of Section 18-165
29 of the Property Tax Code by the maximum operating tax rates
30 specified in subsection 5(c) of this Section.
31 (o) Notwithstanding any other provisions of this
32 Section, for the 1996-1997 school year the amount of the
33 aggregate general State aid entitlement that is received
34 under this Section by each school district for that school
-71- LRB9003157THpkam01
1 year shall be not less than the amount of the aggregate
2 general State aid entitlement that was received by the
3 district under this Section for the 1995-1996 school year.
4 If a school district is to receive an aggregate general State
5 aid entitlement under this Section for the 1996-1997 school
6 year that is less than the amount of the aggregate general
7 State aid entitlement that the district received under this
8 Section for the 1995-1996 school year, the school district
9 shall also receive, from a separate appropriation made for
10 purposes of this paragraph (o), a supplementary payment that
11 is equal to the amount by which the general State aid
12 entitlement received by the district under this Section for
13 the 1995-1996 school year exceeds the general State aid
14 entitlement that the district is to receive under this
15 Section for the 1996-1997 school year.
16 Notwithstanding any other provisions of this Section, for
17 the 1997-1998 school year the amount of the aggregate general
18 State aid entitlement that is received under this Section by
19 each school district for that school year shall be not less
20 than the amount of the aggregate general State aid
21 entitlement that was received by the district under this
22 Section for the 1996-1997 school year. If a school district
23 is to receive an aggregate general State aid entitlement
24 under this Section for the 1997-1998 school year that is less
25 than the amount of the aggregate general State aid
26 entitlement that the district received under this Section for
27 the 1996-1997 school year, the school district shall also
28 receive, from a separate appropriation made for purposes of
29 this paragraph (o), a supplementary payment that is equal to
30 the amount by which the general State aid entitlement
31 received by the district under this Section for the 1996-1997
32 school year exceeds the general State aid entitlement that
33 the district is to receive under this Section for the
34 1997-1998 school year.
-72- LRB9003157THpkam01
1 If the amount appropriated for supplementary payments to
2 school districts under this paragraph (o) is insufficient for
3 that purpose, the supplementary payments that districts are
4 to receive under this paragraph shall be prorated according
5 to the aggregate amount of the appropriation made for
6 purposes of this paragraph.
7 (p) For the 1997-1998 school year only, a supplemental
8 general State aid grant shall be provided for school
9 districts in an amount equal to the greater of the result of
10 part (i) of this subsection or part (ii) of this subsection,
11 calculated as follows:
12 (i) The general State aid received by a school
13 district under this Section for the 1997-1998 school year
14 shall be added to the sum of (A) the result obtained by
15 multiplying the 1995 equalized valuation of all taxable
16 property in the district by the fixed calculation tax
17 rates of 3.0% for unit districts, 2.0% for elementary
18 districts and 1.0% for high school districts plus (B) the
19 aggregate corporate personal property replacement
20 revenues received by the district during the 1996-1997
21 school year. That; (ii) The aggregate amount determined
22 under this part item (i) of this subsection 5(p) shall be
23 divided by the average of the best 3 months of pupil
24 attendance in the district for the 1996-1997 school
25 year.; and (iii) If the result obtained by dividing the
26 aggregate amount determined under this part item (i) of
27 this subsection 5(p) by the average of the best 3 months
28 of pupil attendance in the district as provided in item
29 (ii) of this subsection 5(p) is less than $3,600, the
30 supplemental general State aid grant for that the
31 district shall receive under this subsection 5(p) for the
32 1997-1998 school year shall be equal to the amount
33 determined by subtracting from $3,600 the result obtained
34 by dividing the aggregate amount determined under this
-73- LRB9003157THpkam01
1 part item (i) of this subsection by the average of the
2 best 3 months of pupil attendance in the district as
3 provided in item (ii) of this subsection, and by
4 multiplying that difference by the average of the best 3
5 months of pupil attendance in the district for the
6 1996-1997 school year.
7 (ii) The general State aid received by a school
8 district under this Section for the 1997-1998 school year
9 shall be added to the sum of (A) the result obtained by
10 multiplying the 1995 equalized assessed valuation of all
11 taxable property in the district by the district's
12 applicable 1995 operating tax rate as defined in this
13 part (ii) plus (B) the aggregate corporate personal
14 property replacement revenues received by the district
15 during the 1996-1997 school year. That aggregate amount
16 shall be divided by the average of the best 3 months of
17 pupil attendance in the district for the 1996-1997 school
18 year. If the result obtained by dividing the aggregate
19 amount determined in this part (ii) by the average of the
20 best 3 months of pupil attendance in the district is less
21 than $4,100, the supplemental general State aid grant for
22 that district shall be equal to the amount determined by
23 subtracting from the $4,100 the result obtained by
24 dividing the aggregate amount determined in this part
25 (ii) by the average of the best 3 months of pupil
26 attendance in the district and by multiplying that
27 difference by the average of the best 3 months of pupil
28 attendance in the district for the 1996-1997 school year.
29 For the purposes of this part (ii), the "applicable 1995
30 operating tax rate" shall mean the following: (A) for
31 unit districts with operating tax rates of 3.00% or less,
32 elementary districts with operating tax rates of 2.00% or
33 less, and high school districts with operating tax rates
34 of 1.00% or less, the applicable 1995 operating tax rate
-74- LRB9003157THpkam01
1 shall be 3.00% for unit districts, 2.00% for elementary
2 districts, and 1.00% for high school districts; (B) for
3 units districts with operating tax rates of 4.50% or
4 more, elementary districts with operating tax rates of
5 3.00% or more, and high school districts with operating
6 tax rates of 1.85% or more, the applicable 1995 operating
7 tax rate shall be 4.50% for unit districts, 3.00% for
8 elementary districts, and 1.85% for high school
9 districts; and (C) for unit districts with operating tax
10 rates of more than 3.00% and less than 4.50%, for
11 elementary districts with operating tax rates of more
12 than 2.00% and less than 3.00%, and for high school
13 districts with operating tax rates of more than 1.00% and
14 less than 1.85%, the applicable 1995 operating tax rate
15 shall be the district's actual 1995 operating tax rate.
16 If the moneys appropriated in a separate line item by the
17 General Assembly to the State Board of Education for
18 supplementary payments required to be made and distributed to
19 school districts for the 1997-1998 any school year under this
20 subsection 5(p) are insufficient, the amount of the
21 supplementary payments required to be made and distributed to
22 those school districts under this subsection 5(p) for that
23 school year shall abate proportionately.
24 (p-5) For the 1997-98 school year only, a supplemental
25 general State aid grant shall be provided for school
26 districts based on the number of low-income eligible pupils
27 within the school district. For the purposes of this
28 subsection 5(p-5), "low-income eligible pupils" shall be the
29 low-income eligible pupil count from the most recently
30 available federal census. The supplemental general State aid
31 grant for each district shall be equal to the number of
32 low-income eligible pupils within that district multiplied by
33 $30.50. If the moneys appropriated in a separate line item
34 by the General Assembly to the State Board of Education for
-75- LRB9003157THpkam01
1 supplementary payments required to be made and distributed to
2 school districts for the 1997-98 school year under this
3 subsection 5(p-5) are insufficient, the amount of the
4 supplementary payments required to be made and distributed to
5 those districts under this subsection shall abate
6 proportionately.
7 B. In calculating the amount to be paid to the governing
8 board of a public university that operates a laboratory
9 school under this Section or to any alternative school that
10 is operated by a regional superintendent, the State Board of
11 Education shall require by rule such reporting requirements
12 as it deems necessary.
13 As used in this Section, "laboratory school" means a
14 public school which is created and operated by a public
15 university and approved by the State Board of Education. The
16 governing board of a public university which receives funds
17 from the State Board under this subsection B may not increase
18 the number of students enrolled in its laboratory school from
19 a single district, if that district is already sending 50 or
20 more students, except under a mutual agreement between the
21 school board of a student's district of residence and the
22 university which operates the laboratory school. A
23 laboratory school may not have more than 1,000 students,
24 excluding students with disabilities in a special education
25 program.
26 As used in this Section, "alternative school" means a
27 public school which is created and operated by a Regional
28 Superintendent of Schools and approved by the State Board of
29 Education. Such alternative schools may offer courses of
30 instruction for which credit is given in regular school
31 programs, courses to prepare students for the high school
32 equivalency testing program or vocational and occupational
33 training.
34 Each laboratory and alternative school shall file, on
-76- LRB9003157THpkam01
1 forms provided by the State Superintendent of Education, an
2 annual State aid claim which states the average daily
3 attendance of the school's students by month. The best 3
4 months' average daily attendance shall be computed for each
5 school. The weighted average daily attendance shall be
6 computed and the weighted average daily attendance for the
7 school's most recent 3 year average shall be compared to the
8 most recent weighted average daily attendance, and the
9 greater of the 2 shall be used for the calculation under this
10 subsection B. The general State aid entitlement shall be
11 computed by multiplying the school's student count by the
12 foundation level as determined under this Section.
13 C. This Section is repealed July 1, 1998.
14 (Source: P.A. 89-15, eff. 5-30-95; 89-235, eff. 8-4-95;
15 89-397, eff. 8-20-95; 89-610, eff. 8-6-96; 89-618, eff.
16 8-9-96; 89-626, eff. 8-9-96; 89-679, eff. 8-16-96; 90-9, eff.
17 7-1-97; 90-14, eff. 7-1-97.)
18 (105 ILCS 5/18-8.05 new)
19 Sec. 18-8.05. Basis for apportionment of general State
20 financial aid and supplemental general State aid to the
21 common schools for the 1998-1999 and subsequent school years.
22 (A) General Provisions.
23 (1) The provisions of this Section apply to the
24 1998-1999 and subsequent school years. The system of general
25 State financial aid provided for in this Section is designed
26 to assure that, through a combination of State financial aid
27 and required local resources, the financial support provided
28 each pupil in Average Daily Attendance equals or exceeds a
29 prescribed per pupil Foundation Level. This formula approach
30 imputes a level of per pupil Available Local Resources and
31 provides for the basis to calculate a per pupil level of
32 general State financial aid that, when added to Available
33 Local Resources, equals or exceeds the Foundation Level. The
-77- LRB9003157THpkam01
1 amount of per pupil general State financial aid for school
2 districts, in general, varies in inverse relation to
3 Available Local Resources. Per pupil amounts are based upon
4 each school district's Average Daily Attendance as that term
5 is defined in this Section.
6 (2) In addition to general State financial aid, school
7 districts with specified levels or concentrations of pupils
8 from low income households are eligible to receive
9 supplemental general State financial aid grants as provided
10 pursuant to subsection (H). The supplemental State aid grants
11 provided for school districts under subsection (H) shall be
12 appropriated for distribution to school districts as part of
13 the same line item in which the general State financial aid
14 of school districts is appropriated under this Section.
15 (3) To receive financial assistance under this Section,
16 school districts are required to file claims with the State
17 Board of Education, subject to the following requirements:
18 (a) Any school district which fails for any given
19 school year to maintain school as required by law, or to
20 maintain a recognized school is not eligible to file for
21 such school year any claim upon the Common School Fund.
22 In case of nonrecognition of one or more attendance
23 centers in a school district otherwise operating
24 recognized schools, the claim of the district shall be
25 reduced in the proportion which the Average Daily
26 Attendance in the attendance center or centers bear to
27 the Average Daily Attendance in the school district. A
28 "recognized school" means any public school which meets
29 the standards as established for recognition by the State
30 Board of Education. A school district or attendance
31 center not having recognition status at the end of a
32 school term is entitled to receive State aid payments due
33 upon a legal claim which was filed while it was
34 recognized.
-78- LRB9003157THpkam01
1 (b) School district claims filed under this Section
2 are subject to Sections 18-9, 18-10, and 18-12, except as
3 otherwise provided in this Section.
4 (c) If a school district operates a full year
5 school under Section 10-19.1, the general State aid to
6 the school district shall be determined by the State
7 Board of Education in accordance with this Section as
8 near as may be applicable.
9 (d) Claims for financial assistance under this
10 Section shall not be recomputed except as expressly
11 provided under this Section.
12 (4) Except as provided in subsections (H) and (L), the
13 board of any district receiving any of the grants provided
14 for in this Section may apply those funds to any fund so
15 received for which that board is authorized to make
16 expenditures by law.
17 School districts are not required to exert a minimum
18 Operating Tax Rate in order to qualify for assistance under
19 this Section.
20 (5) As used in this Section the following terms, when
21 capitalized, shall have the meaning ascribed herein:
22 (a) "Average Daily Attendance": A count of pupil
23 attendance in school, averaged as provided for in
24 subsection (C) and utilized in deriving per pupil
25 financial support levels.
26 (b) "Available Local Resources": A computation of
27 local financial support, calculated on the basis Average
28 Daily Attendance and derived as provided pursuant to
29 subsection (D).
30 (c) "Corporate Personal Property Replacement
31 Taxes": Funds paid to local school districts pursuant to
32 "An Act in relation to the abolition of ad valorem
33 personal property tax and the replacement of revenues
34 lost thereby, and amending and repealing certain Acts and
-79- LRB9003157THpkam01
1 parts of Acts in connection therewith", certified August
2 14, 1979, as amended (Public Act 81-1st S.S.-1).
3 (d) "Foundation Level": A prescribed level of per
4 pupil financial support as provided for in subsection
5 (B).
6 (e) "Operating Tax Rate": All school district
7 property taxes extended for all purposes, except
8 community college educational purposes for the payment of
9 tuition under Section 6-1 of the Public Community College
10 Act, Bond and Interest, Summer School, Rent, Capital
11 Improvement, and Vocational Education Building purposes.
12 (B) Foundation Level.
13 (1) The Foundation Level is a figure established by the
14 State representing the minimum level of per pupil financial
15 support that should be available to provide for the basic
16 education of each pupil in Average Daily Attendance. As set
17 forth in this Section, each school district is assumed to
18 exert a sufficient local taxing effort such that, in
19 combination with the aggregate of general State financial aid
20 provided the district, an aggregate of State and local
21 resources are available to meet the basic education needs of
22 pupils in the district.
23 (2) For the 1998-1999 school year, the Foundation Level
24 of support is $4,225. For the 1999-2000 school year, the
25 Foundation Level of support is $4,325. For the 2000-2001
26 school year, the Foundation Level of support is $4,425.
27 (3) For the 2001-2002 school year and each school year
28 thereafter, the Foundation Level of support is $4,425 or such
29 greater amount as may be established by law by the General
30 Assembly.
31 (C) Average Daily Attendance.
32 (1) For purposes of calculating general State aid
33 pursuant to subsection (E), an Average Daily Attendance
-80- LRB9003157THpkam01
1 figure shall be utilized. The Average Daily Attendance
2 figure for formula calculation purposes shall be the monthly
3 average of the actual number of pupils in attendance of each
4 school district, as further averaged for the best 3 months of
5 pupil attendance for each school district. In compiling the
6 figures for the number of pupils in attendance, school
7 districts and the State Board of Education shall, for
8 purposes of general State aid funding, conform attendance
9 figures to the requirements of subsection (F).
10 (2) The Average Daily Attendance figures utilized in
11 subsection (E) shall be the requisite attendance data for the
12 school year immediately preceding the school year for which
13 general State aid is being calculated.
14 (D) Available Local Resources.
15 (1) For purposes of calculating general State aid
16 pursuant to subsection (E), a representation of Available
17 Local Resources per pupil, as that term is defined and
18 determined in this subsection, shall be utilized. Available
19 Local Resources per pupil shall include a calculated dollar
20 amount representing local school district revenues from local
21 property taxes and from Corporate Personal Property
22 Replacement Taxes, expressed on the basis of pupils in
23 Average Daily Attendance.
24 (2) In determining a school district's revenue from
25 local property taxes, the State Board of Education shall
26 utilize the equalized assessed valuation of all taxable
27 property of each school district as of September 30 of the
28 previous year. The equalized assessed valuation utilized
29 shall be obtained and determined as provided in subsection
30 (G).
31 (3) For school districts maintaining grades kindergarten
32 through 12, local property tax revenues per pupil shall be
33 calculated as the product of the applicable equalized
34 assessed valuation for the district multiplied by 3.00%, and
-81- LRB9003157THpkam01
1 divided by the district's Average Daily Attendance figure.
2 For school districts maintaining grades kindergarten through
3 8, local property tax revenues per pupil shall be calculated
4 as the product of the applicable equalized assessed valuation
5 for the district multiplied by 2.30%, and divided by the
6 district's Average Daily Attendance figure. For school
7 districts maintaining grades 9 through 12, local property tax
8 revenues per pupil shall be the applicable equalized assessed
9 valuation of the district multiplied by 1.20%, and divided by
10 the district's Average Daily Attendance figure.
11 (4) The Corporate Personal Property Replacement Taxes
12 paid to each school district during the calendar year 2 years
13 before the calendar year in which a school year begins,
14 divided by the Average Daily Attendance figure for that
15 district, shall be added to the local property tax revenues
16 per pupil as derived by the application of the immediately
17 preceding paragraph (3). The sum of these per pupil figures
18 for each school district shall constitute Available Local
19 Resources as that term is utilized in subsection (E) in the
20 calculation of general State aid.
21 (E) Computation of General State Aid.
22 (1) For each school year, the amount of general State
23 aid allotted to a school district shall be computed by the
24 State Board of Education as provided in this subsection.
25 (2) For any school district for which Available Local
26 Resources per pupil is less than the product of 0.93 times
27 the Foundation Level, general State aid for that district
28 shall be calculated as an amount equal to the Foundation
29 Level minus Available Local Resources, multiplied by the
30 Average Daily Attendance of the school district.
31 (3) For any school district for which Available Local
32 Resources per pupil is equal to or greater than the product
33 of 0.93 times the Foundation Level and less than the product
34 of 1.75 times the Foundation Level, the general State aid per
-82- LRB9003157THpkam01
1 pupil shall be a decimal proportion of the Foundation Level
2 derived using a linear algorithm. Under this linear
3 algorithm, the calculated general State aid per pupil shall
4 decline in direct linear fashion from 0.07 times the
5 Foundation Level for a school district with Available Local
6 Resources equal to the product of 0.93 times the Foundation
7 Level, to 0.05 times the Foundation Level for a school
8 district with Available Local Resources equal to the product
9 of 1.75 times the Foundation Level. The allocation of
10 general State aid for school districts subject to this
11 paragraph 3 shall be the calculated general State aid per
12 pupil figure multiplied by the Average Daily Attendance of
13 the school district.
14 (4) For any school district for which Available Local
15 Resources per pupil equals or exceeds the product of 1.75
16 times the Foundation Level, the general State aid for the
17 school district shall be calculated as the product of $218
18 multiplied by the Average Daily Attendance of the school
19 district.
20 (F) Compilation of Average Daily Attendance.
21 (1) Each school district shall, by July 1 of each year,
22 submit to the State Board of Education, on forms prescribed
23 by the State Board of Education, attendance figures for the
24 school year that began in the preceding calendar year. The
25 attendance information so transmitted shall identify the
26 average daily attendance figures for each month of the school
27 year, except that any days of attendance in August shall be
28 added to the month of September and any days of attendance in
29 June shall be added to the month of May.
30 Except as otherwise provided in this Section, days of
31 attendance by pupils shall be counted only for sessions of
32 not less than 5 clock hours of school work per day under
33 direct supervision of: (i) teachers, or (ii) non-teaching
34 personnel or volunteer personnel when engaging in
-83- LRB9003157THpkam01
1 non-teaching duties and supervising in those instances
2 specified in subsection (a) of Section 10-22.34 and paragraph
3 10 of Section 34-18, with pupils of legal school age and in
4 kindergarten and grades 1 through 12.
5 Days of attendance by tuition pupils shall be accredited
6 only to the districts that pay the tuition to a recognized
7 school.
8 (2) Days of attendance by pupils of less than 5 clock
9 hours of school shall be subject to the following provisions
10 in the compilation of Average Daily Attendance.
11 (a) Pupils regularly enrolled in a public school
12 for only a part of the school day may be counted on the
13 basis of 1/6 day for every class hour of instruction of
14 40 minutes or more attended pursuant to such enrollment.
15 (b) Days of attendance may be less than 5 clock
16 hours on the opening and closing of the school term, and
17 upon the first day of pupil attendance, if preceded by a
18 day or days utilized as an institute or teachers'
19 workshop.
20 (c) A session of 4 or more clock hours may be
21 counted as a day of attendance upon certification by the
22 regional superintendent, and approved by the State
23 Superintendent of Education to the extent that the
24 district has been forced to use daily multiple sessions.
25 (d) A session of 3 or more clock hours may be
26 counted as a day of attendance (1) when the remainder of
27 the school day or at least 2 hours in the evening of that
28 day is utilized for an in-service training program for
29 teachers, up to a maximum of 5 days per school year of
30 which a maximum of 4 days of such 5 days may be used for
31 parent-teacher conferences, provided a district conducts
32 an in-service training program for teachers which has
33 been approved by the State Superintendent of Education;
34 or, in lieu of 4 such days, 2 full days may be used, in
-84- LRB9003157THpkam01
1 which event each such day may be counted as a day of
2 attendance; and (2) when days in addition to those
3 provided in item (1) are scheduled by a school pursuant
4 to its school improvement plan adopted under Article 34
5 or its revised or amended school improvement plan adopted
6 under Article 2, provided that (i) such sessions of 3 or
7 more clock hours are scheduled to occur at regular
8 intervals, (ii) the remainder of the school days in which
9 such sessions occur are utilized for in-service training
10 programs or other staff development activities for
11 teachers, and (iii) a sufficient number of minutes of
12 school work under the direct supervision of teachers are
13 added to the school days between such regularly scheduled
14 sessions to accumulate not less than the number of
15 minutes by which such sessions of 3 or more clock hours
16 fall short of 5 clock hours. Any full days used for the
17 purposes of this paragraph shall not be considered for
18 computing average daily attendance. Days scheduled for
19 in-service training programs, staff development
20 activities, or parent-teacher conferences may be
21 scheduled separately for different grade levels and
22 different attendance centers of the district.
23 (e) A session of not less than one clock hour
24 teaching of hospitalized or homebound pupils on-site or
25 by telephone to the classroom may be counted as 1/2 day
26 of attendance, however these pupils must receive 4 or
27 more clock hours of instruction to be counted for a full
28 day of attendance.
29 (f) A session of at least 4 clock hours may be
30 counted as a day of attendance for first grade pupils,
31 and pupils in full day kindergartens, and a session of 2
32 or more hours may be counted as 1/2 day of attendance by
33 pupils in kindergartens which provide only 1/2 day of
34 attendance.
-85- LRB9003157THpkam01
1 (g) For children with disabilities who are below
2 the age of 6 years and who cannot attend 2 or more clock
3 hours because of their disability or immaturity, a
4 session of not less than one clock hour may be counted as
5 1/2 day of attendance; however for such children whose
6 educational needs so require a session of 4 or more clock
7 hours may be counted as a full day of attendance.
8 (h) A recognized kindergarten which provides for
9 only 1/2 day of attendance by each pupil shall not have
10 more than 1/2 day of attendance counted in any 1 day.
11 However, kindergartens may count 2 1/2 days of attendance
12 in any 5 consecutive school days. When a pupil attends
13 such a kindergarten for 2 half days on any one school
14 day, the pupil shall have the following day as a day
15 absent from school, unless the school district obtains
16 permission in writing from the State Superintendent of
17 Education. Attendance at kindergartens which provide for
18 a full day of attendance by each pupil shall be counted
19 the same as attendance by first grade pupils. Only the
20 first year of attendance in one kindergarten shall be
21 counted, except in case of children who entered the
22 kindergarten in their fifth year whose educational
23 development requires a second year of kindergarten as
24 determined under the rules and regulations of the State
25 Board of Education.
26 (G) Equalized Assessed Valuation Data.
27 (1) For purposes of the calculation of Available Local
28 Resources required pursuant to subsection (D), the State
29 Board of Education shall secure from the Department of
30 Revenue the value as equalized or assessed by the Department
31 of Revenue of all taxable property of every school district
32 together with the applicable tax rate used in extending taxes
33 for the funds of the district as of September 30 of the
34 previous year.
-86- LRB9003157THpkam01
1 This equalized assessed valuation, as adjusted further by
2 the requirements of this subsection, shall be utilized in the
3 calculation of Available Local Resources.
4 (2) The equalized assessed valuation in paragraph (1)
5 shall be adjusted, as applicable, in the following manner:
6 (a) For the purposes of calculating State aid under
7 this Section, with respect to any part of a school
8 district within a redevelopment project area in respect
9 to which a municipality has adopted tax increment
10 allocation financing pursuant to the Tax Increment
11 Allocation Redevelopment Act, Sections 11-74.4-1 through
12 11-74.4-11 of the Illinois Municipal Code or the
13 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
14 11-74.6-50 of the Illinois Municipal Code, no part of the
15 current equalized assessed valuation of real property
16 located in any such project area which is attributable to
17 an increase above the total initial equalized assessed
18 valuation of such property shall be used as part of the
19 equalized assessed valuation of the district, until such
20 time as all redevelopment project costs have been paid,
21 as provided in Section 11-74.4-8 of the Tax Increment
22 Allocation Redevelopment Act or in Section 11-74.6-35 of
23 the Industrial Jobs Recovery Law. For the purpose of the
24 equalized assessed valuation of the district, the total
25 initial equalized assessed valuation or the current
26 equalized assessed valuation, whichever is lower, shall
27 be used until such time as all redevelopment project
28 costs have been paid.
29 (b) The real property equalized assessed valuation
30 for a school district shall be adjusted by subtracting
31 from the real property value as equalized or assessed by
32 the Department of Revenue for the district an amount
33 computed by dividing the amount of any abatement of taxes
34 under Section 18-170 of the Property Tax Code by 3.00%
-87- LRB9003157THpkam01
1 for a district maintaining grades kindergarten through 12
2 or by 2.30% for a district maintaining grades
3 kindergarten through 8, or by 1.20% for a district
4 maintaining grades 9 through 12 and adjusted by an amount
5 computed by dividing the amount of any abatement of taxes
6 under subsection (a) of Section 18-165 of the Property
7 Tax Code by the same percentage rates for district type
8 as specified in this subparagraph (c).
9 (H) Supplemental General State Aid.
10 (1) In addition to the general State aid a school
11 district is allotted pursuant to subsection (E), qualifying
12 school districts shall receive a grant, paid in conjunction
13 with a district's payments of general State aid, for
14 supplemental general State aid based upon the concentration
15 level of children from low-income households within the
16 school district. Supplemental State aid grants provided for
17 school districts under this subsection shall be appropriated
18 for distribution to school districts as part of the same line
19 item in which the general State financial aid of school
20 districts is appropriated under this Section. For purposes of
21 this subsection, the term "Low-Income Concentration Level"
22 shall be the low-income eligible pupil count from the most
23 recently available federal census divided by the Average
24 Daily Attendance of the school district.
25 (2) Supplemental general State aid pursuant to this
26 subsection shall be provided as follows:
27 (a) For any school district with a Low Income
28 Concentration Level of at least 20% and less than 35%,
29 the grant for any school year shall be $800 multiplied by
30 the low income eligible pupil count.
31 (b) For any school district with a Low Income
32 Concentration Level of at least 35% and less than 50%,
33 the grant for the 1998-1999 school year shall be $1,100
34 multiplied by the low income eligible pupil count.
-88- LRB9003157THpkam01
1 (c) For any school district with a Low Income
2 Concentration Level of at least 50% and less than 60%,
3 the grant for the 1998-99 school year shall be $1,500
4 multiplied by the low income eligible pupil count.
5 (d) For any school district with a Low Income
6 Concentration Level of 60% or more, the grant for the
7 1998-99 school year shall be $1,900 multiplied by the low
8 income eligible pupil count.
9 (e) For the 1999-2000 school year, the per pupil
10 amount specified in subparagraphs (b), (c), and (d),
11 immediately above shall be increased by $100 to $1,200,
12 $1,600, and $2,000, respectively.
13 (f) For the 2000-2001 school year, the per pupil
14 amounts specified in subparagraphs (b), (c) and (d)
15 immediately above shall be increased to $1,230, $1,640,
16 and $2,050, respectively.
17 (3) School districts with an Average Daily Attendance of
18 more than 1,000 and less than 50,000 that qualify for
19 supplemental general State aid pursuant to this subsection
20 shall submit a plan to the State Board of Education prior to
21 October 30 of each year for the use of the funds resulting
22 from this grant of supplemental general State aid for the
23 improvement of instruction in which priority is given to
24 meeting the education needs of disadvantaged children. Such
25 plan shall be submitted in accordance with rules and
26 regulations promulgated by the State Board of Education.
27 (4) School districts with an Average Daily Attendance of
28 50,000 or more that qualify for supplemental general State
29 aid pursuant to this subsection shall be required to
30 distribute from funds available pursuant to this Section, no
31 less than $261,000,000 in accordance with the following
32 requirements:
33 (a) The required amounts shall be distributed to
34 the attendance centers within the district in proportion
-89- LRB9003157THpkam01
1 to the number of pupils enrolled at each attendance
2 center who are eligible to receive free or reduced-price
3 lunches or breakfasts under the federal Child Nutrition
4 Act of 1966 and under the National School Lunch Act
5 during the immediately preceding school year.
6 (b) The distribution of these portions of
7 supplemental and general State aid among attendance
8 centers according to these requirements shall not be
9 compensated for or contravened by adjustments of the
10 total of other funds appropriated to any attendance
11 centers, and the Board of Education shall utilize funding
12 from one or several sources in order to fully implement
13 this provision annually prior to the opening of school.
14 (c) Each attendance center shall be provided by the
15 school district a distribution of noncategorical funds
16 and other categorical funds to which an attendance center
17 is entitled under law in order that the general State aid
18 and supplemental general State aid provided by
19 application of this subsection supplements rather than
20 supplants the noncategorical funds and other categorical
21 funds provided by the school district to the attendance
22 centers.
23 (d) Any funds made available under this subsection
24 that by reason of the provisions of this subsection are
25 not required to be allocated and provided to attendance
26 centers may be used and appropriated by the board of the
27 district for any lawful school purpose.
28 (e) Funds received by an attendance center pursuant
29 to this subsection shall be used by the attendance center
30 at the discretion of the principal and local school
31 council for programs to improve educational opportunities
32 at qualifying schools through the following programs and
33 services: early childhood education, reduced class size
34 or improved adult to student classroom ratio, enrichment
-90- LRB9003157THpkam01
1 programs, remedial assistance, attendance improvement and
2 other educationally beneficial expenditures which
3 supplement the regular and basic programs as determined
4 by the State Board of Education. Funds provided shall
5 not be expended for any political or lobbying purposes as
6 defined by board rule.
7 (f) Each district subject to the provisions of this
8 subdivision (H)(4) shall submit an acceptable plan to
9 meet the educational needs of disadvantaged children, in
10 compliance with the requirements of this paragraph, to
11 the State Board of Education prior to July 15 of each
12 year. This plan shall be consistent with the decisions of
13 local school councils concerning the school expenditure
14 plans developed in accordance with part 4 of Section
15 34-2.3. The State Board shall approve or reject the plan
16 within 60 days after its submission. If the plan is
17 rejected, the district shall give written notice of
18 intent to modify the plan within 15 days of the
19 notification of rejection and then submit a modified plan
20 within 30 days after the date of the written notice of
21 intent to modify. Districts may amend approved plans
22 pursuant to rules promulgated by the State Board of
23 Education.
24 Upon notification by the State Board of Education
25 that the district has not submitted a plan prior to July
26 15 or a modified plan within the time period specified
27 herein, the State aid funds affected by that plan or
28 modified plan shall be withheld by the State Board of
29 Education until a plan or modified plan is submitted.
30 If the district fails to distribute State aid to
31 attendance centers in accordance with an approved plan,
32 the plan for the following year shall allocate funds, in
33 addition to the funds otherwise required by this
34 subsection, to those attendance centers which were
-91- LRB9003157THpkam01
1 underfunded during the previous year in amounts equal to
2 such underfunding.
3 For purposes of determining compliance with this
4 subsection in relation to the requirements of attendance
5 center funding, each district subject to the provisions
6 of this subsection shall submit as a separate document by
7 December 1 of each year a report of expenditure data for
8 the prior year in addition to any modification of its
9 current plan. If it is determined that there has been a
10 failure to comply with the expenditure provisions of this
11 subsection regarding contravention or supplanting, the
12 State Superintendent of Education shall, within 60 days
13 of receipt of the report, notify the district and any
14 affected local school council. The district shall within
15 45 days of receipt of that notification inform the State
16 Superintendent of Education of the remedial or corrective
17 action to be taken, whether by amendment of the current
18 plan, if feasible, or by adjustment in the plan for the
19 following year. Failure to provide the expenditure
20 report or the notification of remedial or corrective
21 action in a timely manner shall result in a withholding
22 of the affected funds.
23 The State Board of Education shall promulgate rules
24 and regulations to implement the provisions of this
25 subsection. No funds shall be released under this
26 subdivision (H)(4) to any district that has not submitted
27 a plan that has been approved by the State Board of
28 Education.
29 (I) General State Aid for Newly Configured School Districts.
30 (1) For a new school district formed by combining
31 property included totally within 2 or more previously
32 existing school districts, for its first year of existence
33 the general State aid and supplemental general State aid
34 calculated under this Section shall be computed for the new
-92- LRB9003157THpkam01
1 district and for the previously existing districts for which
2 property is totally included within the new district. If the
3 computation on the basis of the previously existing districts
4 is greater, a supplementary payment equal to the difference
5 shall be made for the first 4 years of existence of the new
6 district.
7 (2) For a school district which annexes all of the
8 territory of one or more entire other school districts, for
9 the first year during which the change of boundaries
10 attributable to such annexation becomes effective for all
11 purposes as determined under Section 7-9 or 7A-8, the general
12 State aid and supplemental general State aid calculated under
13 this Section shall be computed for the annexing district as
14 constituted after the annexation and for the annexing and
15 each annexed district as constituted prior to the annexation;
16 and if the computation on the basis of the annexing and
17 annexed districts as constituted prior to the annexation is
18 greater, a supplementary payment equal to the difference
19 shall be made for the first 4 years of existence of the
20 annexing school district as constituted upon such annexation.
21 (3) For 2 or more school districts which annex all of
22 the territory of one or more entire other school districts,
23 and for 2 or more community unit districts which result upon
24 the division (pursuant to petition under Section 11A-2) of
25 one or more other unit school districts into 2 or more parts
26 and which together include all of the parts into which such
27 other unit school district or districts are so divided, for
28 the first year during which the change of boundaries
29 attributable to such annexation or division becomes effective
30 for all purposes as determined under Section 7-9 or 11A-10,
31 as the case may be, the general State aid and supplemental
32 general State aid calculated under this Section shall be
33 computed for each annexing or resulting district as
34 constituted after the annexation or division and for each
-93- LRB9003157THpkam01
1 annexing and annexed district, or for each resulting and
2 divided district, as constituted prior to the annexation or
3 division; and if the aggregate of the general State aid and
4 supplemental general State aid as so computed for the
5 annexing or resulting districts as constituted after the
6 annexation or division is less than the aggregate of the
7 general State aid and supplemental general State aid as so
8 computed for the annexing and annexed districts, or for the
9 resulting and divided districts, as constituted prior to the
10 annexation or division, then a supplementary payment equal to
11 the difference shall be made and allocated between or among
12 the annexing or resulting districts, as constituted upon such
13 annexation or division, for the first 4 years of their
14 existence. The total difference payment shall be allocated
15 between or among the annexing or resulting districts in the
16 same ratio as the pupil enrollment from that portion of the
17 annexed or divided district or districts which is annexed to
18 or included in each such annexing or resulting district bears
19 to the total pupil enrollment from the entire annexed or
20 divided district or districts, as such pupil enrollment is
21 determined for the school year last ending prior to the date
22 when the change of boundaries attributable to the annexation
23 or division becomes effective for all purposes. The amount
24 of the total difference payment and the amount thereof to be
25 allocated to the annexing or resulting districts shall be
26 computed by the State Board of Education on the basis of
27 pupil enrollment and other data which shall be certified to
28 the State Board of Education, on forms which it shall provide
29 for that purpose, by the regional superintendent of schools
30 for each educational service region in which the annexing and
31 annexed districts, or resulting and divided districts are
32 located.
33 (4) Any supplementary payment made under this subsection
34 (I) shall be treated as separate from all other payments made
-94- LRB9003157THpkam01
1 pursuant to this Section.
2 (J) Supplementary Grants in Aid.
3 (1) Notwithstanding any other provisions of this
4 Section, the amount of the aggregate general State aid in
5 combination with supplemental general State aid under this
6 Section for which each school district is eligible for the
7 1998-1999 school year shall be no less than the amount of the
8 aggregate general State aid entitlement that was received by
9 the district under Section 18-8 (exclusive of amounts
10 received under subsections 5(p) and 5(p-5) of that Section)
11 for the 1997-98 school year, pursuant to the provisions of
12 that Section as it was then in effect. If a school district
13 qualifies to receive a supplementary payment made under this
14 subsection (J) for the 1998-1999 school year, the amount of
15 the aggregate general State aid in combination with
16 supplemental general State aid under this Section which that
17 district is eligible to receive for each school year
18 subsequent to the 1998-1999 school year shall be no less than
19 the amount of the aggregate general State aid entitlement
20 that was received by the district under Section 18-8
21 (exclusive of amounts received under subsections 5(p) and
22 5(p-5) of that Section) for the 1997-1998 school year,
23 pursuant to the provisions of that Section as it was then in
24 effect.
25 (2) If, as provided in paragraph (1) of this subsection
26 (J), a school district is to receive aggregate general State
27 aid in combination with supplemental general State aid under
28 this Section for the 1998-99 school year, or for the 1998-99
29 school year and any subsequent school year, that in any such
30 school year is less than the amount of the aggregate general
31 State aid entitlement that the district received for the
32 1997-98 school year, the school district shall also receive,
33 from a separate appropriation made for purposes of this
34 subsection (J), a supplementary payment that is equal to the
-95- LRB9003157THpkam01
1 amount of the difference in the aggregate State aid figures
2 as described in paragraph (1).
3 (3) If the amount appropriated for supplementary
4 payments to school districts under this subsection (J) is
5 insufficient for that purpose, the supplementary payments
6 that districts are to receive under this subsection shall be
7 prorated according to the aggregate amount of the
8 appropriation made for purposes of this subsection.
9 (K) Grants to Laboratory and Alternative Schools.
10 In calculating the amount to be paid to the governing
11 board of a public university that operates a laboratory
12 school under this Section or to any alternative school that
13 is operated by a regional superintendent, the State Board of
14 Education shall require by rule such reporting requirements
15 as it deems necessary.
16 As used in this Section, "laboratory school" means a
17 public school which is created and operated by a public
18 university and approved by the State Board of Education. The
19 governing board of a public university which receives funds
20 from the State Board under this subsection (K) may not
21 increase the number of students enrolled in its laboratory
22 school from a single district, if that district is already
23 sending 50 or more students, except under a mutual agreement
24 between the school board of a student's district of residence
25 and the university which operates the laboratory school. A
26 laboratory school may not have more than 1,000 students,
27 excluding students with disabilities in a special education
28 program.
29 As used in this Section, "alternative school" means a
30 public school which is created and operated by a Regional
31 Superintendent of Schools and approved by the State Board of
32 Education. Such alternative schools may offer courses of
33 instruction for which credit is given in regular school
34 programs, courses to prepare students for the high school
-96- LRB9003157THpkam01
1 equivalency testing program or vocational and occupational
2 training.
3 Each laboratory and alternative school shall file, on
4 forms provided by the State Superintendent of Education, an
5 annual State aid claim which states the Average Daily
6 Attendance of the school's students by month. The best 3
7 months' Average Daily Attendance shall be computed for each
8 school. The general State aid entitlement shall be computed
9 by multiplying the applicable Average Daily Attendance by the
10 Foundation Level as determined under this Section.
11 (L) Payments, Additional Grants in Aid and Other
12 Requirements.
13 (1) For a school district operating under the financial
14 supervision of an Authority created under Article 34A, the
15 general State aid otherwise payable to that district under
16 this Section, but not the supplemental general State aid,
17 shall be reduced by an amount equal to the budget for the
18 operations of the Authority as certified by the Authority to
19 the State Board of Education, and an amount equal to such
20 reduction shall be paid to the Authority created for such
21 district for its operating expenses in the manner provided in
22 Section 18-11. The remainder of general State school aid for
23 any such district shall be paid in accordance with Article
24 34A when that Article provides for a disposition other than
25 that provided by this Article.
26 (2) Impaction. Impaction payments shall be made as
27 provided for in Section 18-4.2.
28 (3) Summer school. Summer school payments shall be made
29 as provided in Section 18-4.3.
30 (M) Education Funding Advisory Board.
31 The Education Funding Advisory Board, hereinafter in this
32 subsection (M) referred to as the "Board", is hereby created.
33 The Board shall consist of 5 members who are appointed by the
-97- LRB9003157THpkam01
1 Governor, by and with the advice and consent of the Senate.
2 The members appointed shall include representatives of
3 education, business, and the general public. One of the
4 members so appointed shall be designated by the Governor at
5 the time the appointment is made as the chairperson of the
6 Board. The initial members of the Board may be appointed any
7 time after the effective date of this amendatory Act of 1997.
8 The regular term of each member of the Board shall be for 4
9 years from the third Monday of January of the year in which
10 the term of the member's appointment is to commence, except
11 that of the 5 initial members appointed to serve on the
12 Board, the member who is appointed as the chairperson shall
13 serve for a term that commences on the date of his or her
14 appointment and expires on the third Monday of January, 2002,
15 and the remaining 4 members, by lots drawn at the first
16 meeting of the Board that is held after all 5 members are
17 appointed, shall determine 2 of their number to serve for
18 terms that commence on the date of their respective
19 appointments and expire on the third Monday of January, 2001,
20 and 2 of their number to serve for terms that commence on the
21 date of their respective appointments and expire on the third
22 Monday of January, 2000. All members appointed to serve on
23 the Board shall serve until their respective successors are
24 appointed and confirmed. Vacancies shall be filled in the
25 same manner as original appointments. If a vacancy in
26 membership occurs at a time when the Senate is not in
27 session, the Governor shall make a temporary appointment
28 until the next meeting of the Senate, when he or she shall
29 appoint, by and with the advice and consent of the Senate, a
30 person to fill that membership for the unexpired term. If
31 the Senate is not in session when the initial appointments
32 are made, those appointments shall be made as in the case of
33 vacancies.
34 The Education Funding Advisory Board shall be deemed
-98- LRB9003157THpkam01
1 established, and the initial members appointed by the
2 Governor to serve as members of the Board shall take office,
3 on the date that the Governor makes his or her appointment of
4 the fifth initial member of the Board, whether those initial
5 members are then serving pursuant to appointment and
6 confirmation or pursuant to temporary appointments that are
7 made by the Governor as in the case of vacancies.
8 The State Board of Education shall provide such staff
9 assistance to the Education Funding Advisory Board as is
10 reasonably required for the proper performance by the Board
11 of its responsibilities.
12 For school years after the 2000-2001 school year, the
13 Education Funding Advisory Board, in consultation with the
14 State Board of Education, shall make recommendations as
15 provided in this subsection (M) to the General Assembly for
16 the foundation level under subdivision (B)(3) of this Section
17 and for the supplemental general State aid grant level under
18 subsection (H) of this Section for districts with high
19 concentrations of children from poverty. The recommended
20 foundation level shall be determined based on a methodology
21 which incorporates the basic education expenditures of
22 low-spending schools exhibiting high academic performance.
23 The Education Funding Advisory Board shall make such
24 recommendations to the General Assembly on January 1 of odd
25 numbered years, beginning January 1, 2001.
26 (N) General State Aid Adjustment Grant.
27 (1) Any school district subject to property tax
28 extension limitations as imposed under the provisions of the
29 Property Tax Extension Limitation Law shall be entitled to
30 receive, subject to the qualifications and requirements of
31 this subsection, a general State aid adjustment grant.
32 Eligibility for this grant shall be determined on an annual
33 basis and claims for grant payments shall be paid subject to
34 appropriations made specific to this subsection. For
-99- LRB9003157THpkam01
1 purposes of this subsection the following terms shall have
2 the following meanings:
3 "Budget Year": The school year for which general State
4 aid is calculated and awarded under subsection (E).
5 "Current Year": The school year immediately preceding
6 the Budget Year.
7 "Base Tax Year": The property tax levy year used to
8 calculate the Budget Year allocation of general State aid.
9 "Preceding Tax Year": The property tax levy year
10 immediately preceding the Base Tax Year.
11 "Extension Limitation Ratio": A numerical ratio,
12 certified by a school district's County Clerk, in which the
13 numerator is the Base Tax Year's tax extension amount
14 resulting from the Operating Tax Rate and the denominator is
15 the Preceding Tax Year's tax extension amount resulting from
16 the Operating Tax Rate.
17 "Operating Tax Rate": The operating tax rate as defined
18 in subsection (A).
19 (2) To qualify for a general State aid adjustment grant,
20 a school district must meet all of the following eligibility
21 criteria for each Budget Year for which a grant is claimed:
22 (a) The Operating Tax Rate of the school district
23 in the Preceding Tax Year was at least 3.00% in the case
24 of a school district maintaining grades kindergarten
25 through 12, at least 2.30% in the case of a school
26 district maintaining grades kindergarten through 8, or at
27 least 1.41% in the case of a school district maintaining
28 grades 9 through 12.
29 (b) The Operating Tax Rate of the school district
30 for the Base Tax Year was reduced by the Clerk of the
31 County as a result of the requirements of the Property
32 Tax Extension Limitation Law.
33 (c) The Available Local Resources per pupil of the
34 school district as calculated pursuant to subsection (D)
-100- LRB9003157THpkam01
1 using the Base Tax Year are less than the product of 1.75
2 times the Foundation Level for the Budget Year.
3 (d) The school district has filed a proper and
4 timely claim for a general State aid adjustment grant as
5 required under this subsection.
6 (3) A claim for grant assistance under this subsection
7 shall be filed with the State Board of Education on or before
8 January 1 of the Current Year for a grant for the Budget
9 Year. The claim shall be made on forms prescribed by the
10 State Board of Education and must be accompanied by a written
11 statement from the Clerk of the County, certifying:
12 (a) That the school district has its extension for
13 the Base Tax Year reduced as a result of the Property Tax
14 Extension Limitation Law.
15 (b) That the Operating Tax Rate of the school
16 district for the Preceding Tax Year met the tax rate
17 requirements of subdivision (N)(2) of this Section.
18 (c) The Extension Limitation Ratio as that term is
19 defined in this subsection.
20 (4) On or before August 1 of the Budget Year the State
21 Board of Education shall calculate, for all school districts
22 meeting the other requirements of this subsection, the amount
23 of the general State aid adjustment grant, if any, that the
24 school districts are eligible to receive in the Budget Year.
25 The amount of the general State aid adjustment grant shall be
26 calculated as follows:
27 (a) Determine the school district's general State
28 aid grant for the Budget Year as provided in accordance
29 with the provisions of subsection (E).
30 (b) Determine the school district's adjusted level
31 of general State aid by utilizing in the calculation of
32 Available Local Resources an equalized assessed valuation
33 that is the equalized assessed valuation of the Preceding
34 Tax Year multiplied by the Extension Limitation Ratio.
-101- LRB9003157THpkam01
1 (c) Subtract the sum derived in subparagraph (a)
2 from the sum derived in subparagraph (b). If the result
3 is a positive number, that amount shall be the general
4 State aid adjustment grant that the district is eligible
5 to receive.
6 (5) The State Board of Education shall in the Current
7 Year, based upon claims filed in the Current Year, recommend
8 to the General Assembly an appropriation amount for the
9 general State aid adjustment grants to be made in the Budget
10 Year.
11 (6) Claims for general State aid adjustment grants shall
12 be paid in a lump sum on or before January 1 of the Budget
13 Year only from appropriations made by the General Assembly
14 expressly for claims under this subsection. No such claims
15 may be paid from amounts appropriated for any other purpose
16 provided for under this Section. In the event that the
17 appropriation for claims under this subsection is
18 insufficient to meet all Budget Year claims for a general
19 State aid adjustment grant, the appropriation available shall
20 be proportionately prorated by the State Board of Education
21 amongst all districts filing for and entitled to payments.
22 (7) The State Board of Education shall promulgate the
23 required claim forms and rules necessary to implement the
24 provisions of this subsection.
25 (O) References.
26 (1) References in other laws to the various subdivisions
27 of Section 18-8 as that Section existed before its repeal and
28 replacement by this Section 18-8.05 shall be deemed to refer
29 to the corresponding provisions of this Section 18-8.05, to
30 the extent that those references remain applicable.
31 (2) References in other laws to State Chapter 1 funds
32 shall be deemed to refer to the supplemental general State
33 aid provided under subsection (H) of this Section.
-102- LRB9003157THpkam01
1 (105 ILCS 5/18-8.2) (from Ch. 122, par. 18-8.2)
2 Sec. 18-8.2. Supplementary State aid for new and for
3 certain annexing districts.
4 (a) After the formation of a new district, a computation
5 shall be made to determine the difference between the
6 salaries effective in each of the previously existing
7 districts on June 30, prior to the creation of the new
8 district. For the first 4 3 years after the formation of the
9 new district or if the new district was formed after October
10 31, 1982 and prior to the effective date of this amendatory
11 Act of 1985, for the 3 years immediately following such
12 effective date, a supplementary State aid reimbursement shall
13 be paid to the new district equal to the difference between
14 the sum of the salaries earned by each of the certificated
15 members of the new district while employed in one of the
16 previously existing districts during the year immediately
17 preceding the formation of the new district and the sum of
18 the salaries those certificated members would have been paid
19 during the year immediately prior to the formation of the new
20 district if placed on the salary schedule of the previously
21 existing district with the highest salary schedule.
22 (b) After the territory of one or more school districts
23 is annexed by one or more other school districts, or after
24 the division (pursuant to petition under Section 11A-2) of a
25 unit school district or districts into 2 or more parts which
26 all are included in 2 or more other community unit districts
27 resulting upon that division, a computation shall be made to
28 determine the difference between the salaries effective in
29 each such annexed or divided district and in the annexing or
30 resulting district or districts as they each were constituted
31 on June 30 preceding the date when the change of boundaries
32 attributable to such annexation or division became effective
33 for all purposes as determined under Section 7-9, 7A-8 or
34 11A-10. For the first 4 3 years after any such annexation or
-103- LRB9003157THpkam01
1 division, a supplementary State aid reimbursement shall be
2 paid to each annexing or resulting district as constituted
3 after the annexation or division equal to the difference
4 between the sum of the salaries earned by each of the
5 certificated members of such annexing or resulting district
6 as constituted after the annexation or division while
7 employed in an annexed or annexing district, or in a divided
8 or resulting district, during the year immediately preceding
9 the annexation or division, and the sum of the salaries those
10 certificated members would have been paid during such
11 immediately preceding year if placed on the salary schedule
12 of whichever of such annexing or annexed districts, or
13 resulting or divided districts, had the highest salary
14 schedule during such immediately preceding year.
15 (c) Such supplementary State aid reimbursement shall be
16 treated as separate from all other payments made pursuant to
17 Section 18-8 or 18-8.05. In the case of the formation of a
18 new district, reimbursement shall begin during the first year
19 of operation of the new district; and in the case of an
20 annexation of the territory of one or more school districts
21 by one or more other school districts, or the division
22 (pursuant to petition under Section 11A-2) of a unit school
23 district or districts into 2 or more parts which all are
24 included in 2 or more other community unit districts
25 resulting upon that division, reimbursement shall begin
26 during the first year when the change in boundaries
27 attributable to such annexation or division becomes effective
28 for all purposes as determined pursuant to Section 7-9, 7A-8
29 or 11A-10. Each year any such new, annexing or resulting
30 district, as the case may be, is entitled to receive
31 reimbursement, the number of eligible certified members who
32 are employed on October 1 in any such district shall be
33 certified to the State Board of Education on prescribed forms
34 by October 15 and payment shall be made on or before November
-104- LRB9003157THpkam01
1 15 of that year.
2 (d) If a unit school district annexes all the territory
3 of another unit school district effective for all purposes
4 pursuant to Section 7-9 on July 1, 1988, and if part of the
5 annexed territory is detached within 90 days after July 1,
6 1988, then the detachment shall be disregarded in computing
7 the supplementary State aid reimbursements under this Section
8 for the entire 3 year period and the supplementary State aid
9 reimbursements shall not be diminished because of the
10 detachment.
11 (e) The changes made by this amendatory Act of 1989 are
12 intended to be retroactive and applicable to any annexation
13 taking effect after August 1, 1987.
14 (Source: P.A. 86-13; 86-1334.)
15 (105 ILCS 5/21-0.01 new)
16 Sec. 21-0.01. Powers after January 1, 1998. Beginning on
17 January 1, 1998 and thereafter, the State Board of Education,
18 in consultation with the State Teacher Certification Board,
19 shall have the power and authority to do all of the
20 following:
21 (1) set standards for teaching, supervising, or
22 holding other certificated employment in the public
23 schools, and administer the certification process as
24 provided in this Article; provided, however, that the
25 State Teacher Certification Board shall be solely
26 responsible for the renewal of Standard Teaching
27 Certificates as provided in Section 21-2;
28 (2) approve and evaluate teacher and administrator
29 preparation programs;
30 (3) enter into agreements with other states
31 relative to reciprocal approval of teacher and
32 administrator preparation programs;
33 (4) establish standards for the issuance of new
-105- LRB9003157THpkam01
1 types of certificates; and
2 (5) take such other action relating to the
3 improvement of instruction in the public schools through
4 teacher education and professional development and that
5 attracts qualified candidates into teacher training
6 programs as is appropriate and consistent with applicable
7 laws.
8 (105 ILCS 5/21-1a) (from Ch. 122, par. 21-1a)
9 Sec. 21-1a. Tests required for certification.
10 (a) After July 1, 1988, in addition to all other
11 requirements, early childhood, elementary, special, high
12 school, school service personnel, or, except as provided in
13 Section 34-6, administrative certificates shall be issued to
14 persons who have satisfactorily passed a test of basic skills
15 and subject matter knowledge. The tests of basic skills and
16 subject matter knowledge shall be the tests which from time
17 to time are designated by the State Board of Education in
18 consultation with the State Teacher Certification Board and
19 may be tests prepared by an educational testing organization
20 or tests designed by the State Board of Education in
21 consultation with the State Teacher Certification Board. The
22 areas to be covered by the test of basic skills shall include
23 the basic skills of reading, writing, grammar and
24 mathematics. The test of subject matter knowledge shall
25 assess content knowledge in the specific subject field. The
26 tests shall be designed to be racially neutral to assure that
27 no person in taking the tests is thereby discriminated
28 against on the basis of race, color, national origin or other
29 factors unrelated to the person's ability to perform as a
30 certificated employee. The score required to pass the tests
31 of basic skills and subject matter knowledge shall be fixed
32 by the State Board of Education in consultation with the
33 State Teacher Certification Board. The tests shall be held
-106- LRB9003157THpkam01
1 not fewer than 3 times a year at such time and place as may
2 be designated by the State Board of Education in consultation
3 with the State Teacher Certification Board.
4 (b) Except as provided in Section 34-6, the provisions
5 of subsection (a) of this Section shall apply equally in any
6 school district subject to Article 34, provided that the
7 State Board of Education shall determine which certificates
8 issued under Sections 34-8.1 and 34-83 prior to July 1, 1988
9 are comparable to any early childhood certificate, elementary
10 school certificate, special certificate, high school
11 certificate, school service personnel certificate or
12 administrative certificate issued under this Article as of
13 July 1, 1988.
14 (c) A person who holds an early childhood, elementary,
15 special, high school or school service personnel certificate
16 issued under this Article on or at any time before July 1,
17 1988, including a person who has been issued any such
18 certificate pursuant to Section 21-11.1 or in exchange for a
19 comparable certificate theretofore issued under Section
20 34-8.1 or Section 34-83, shall not be required to take or
21 pass the tests in order to thereafter have such certificate
22 renewed.
23 (d) The State Board of Education in consultation with
24 the State Teacher Certification Board shall conduct a pilot
25 administration of the tests by administering the test to
26 students completing teacher education programs in the 1986-87
27 school year for the purpose of determining the effect and
28 impact of testing candidates for certification.
29 (e) The rules and regulations developed to implement the
30 required test of basic skills and subject matter knowledge
31 shall include the requirements of subsections (a), (b), and
32 (c) and shall include specific regulations to govern test
33 selection; test validation and determination of a passing
34 score; administration of the tests; frequency of
-107- LRB9003157THpkam01
1 administration; applicant fees; frequency of applicants'
2 taking the tests; the years for which a score is valid; and,
3 waiving certain additional tests for additional certificates
4 to individuals who have satisfactorily passed the test of
5 basic skills and subject matter knowledge as required in
6 subsection (a). The State Board of Education shall provide,
7 by rule, specific policies that assure uniformity in the
8 difficulty level of each form of the basic skills test and
9 each subject matter knowledge test from test-to-test and
10 year-to-year. The State Board of Education shall also set a
11 passing score for the tests.
12 (f) The State Teacher Certification Board may issue a
13 nonrenewable temporary certificate between July 1, 1988 and
14 August 31, 1988 to individuals who have taken the tests of
15 basic skills and subject matter knowledge prescribed by this
16 Section but have not received such test scores by August 31,
17 1988. Such temporary certificates shall expire on December
18 31, 1988.
19 (g) Beginning January 1, 1999, the State Board of
20 Education, in consultation with the State Teacher
21 Certification Board, shall implement and administer a new
22 system of certification for teachers in the State of
23 Illinois. The State Board of Education, in consultation with
24 the State Teacher Certification Board, shall design and
25 implement a system of examinations and various other criteria
26 which shall be required prior to the issuance of Initial
27 Teaching Certificates and Standard Teaching Certificates.
28 These examinations and indicators shall be based on national
29 professional teaching standards, as determined by the State
30 Board of Education, in consultation with the State Teacher
31 Certification Board. The State Board of Education may adopt
32 any and all regulations necessary to implement and administer
33 this Section.
34 (h) The State Board of Education shall report to the
-108- LRB9003157THpkam01
1 Illinois General Assembly and the Governor with
2 recommendations for further changes and improvements to the
3 teacher certification system no later than January 1, 1999
4 and on an annual basis until January 1, 2001.
5 (Source: P.A. 86-361; 86-734; 86-1028; 86-1471; 86-1488;
6 87-242.)
7 (105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
8 Sec. 21-2. Grades of certificates.
9 (a) Until January 1, 1999, all certificates issued under
10 this Article shall be State certificates valid, except as
11 limited in Section 21-1, in every school district coming
12 under the provisions of this Act and shall be limited in time
13 and designated as follows: Provisional vocational
14 certificate, temporary provisional vocational certificate,
15 early childhood certificate, elementary school certificate,
16 special certificate, high school certificate, school service
17 personnel certificate, administrative certificate,
18 provisional certificate, and substitute certificate. The
19 requirement of student teaching under close and competent
20 supervision for obtaining a teaching certificate may be
21 waived by the State Teacher Certification Board upon
22 presentation to the Board by the teacher of evidence of 5
23 years successful teaching experience on a valid certificate
24 and graduation from a recognized institution of higher
25 learning with a bachelor's degree with not less than 120
26 semester hours and a minimum of 16 semester hours in
27 professional education.
28 (b) Initial Teaching Certificate. Beginning January 1,
29 1999, persons who (1) have completed an approved teacher
30 preparation program, (2) are recommended by an approved
31 teacher preparation program, (3) have successfully completed
32 the Initial Teaching Certification examinations required by
33 the State Board of Education, and (4) have met all other
-109- LRB9003157THpkam01
1 criteria established by the State Board of Education in
2 consultation with the State Teacher Certification Board,
3 shall be issued an Initial Teaching Certificate valid for 4
4 years. Initial Teaching Certificates shall be issued for
5 categories corresponding to Early Childhood Education,
6 Elementary Education, and Secondary Education, with special
7 certification designations for Special Education, Bilingual
8 Education, fundamental learning areas (including Language
9 Arts, Reading, Mathematics, Science, Social Science, Physical
10 Development and Health, Fine Arts, and Foreign Language), and
11 other areas designated by the State Board of Education, in
12 consultation with the State Teacher Certification Board.
13 (c) Standard Certificate. Beginning January 1, 1999,
14 persons who (1) have completed 4 years of teaching with an
15 Initial Certificate, have successfully completed the Standard
16 Teaching Certificate examinations, and have met all other
17 criteria established by the State Board of Education in
18 consultation with the State Teacher Certification Board, or
19 (2) were issued teaching certificates prior to January 1,
20 1999 and are renewing those certificates after January 1,
21 1999, shall be issued a Standard Certificate valid for 5
22 years, which may be renewed thereafter every 5 years by the
23 State Teacher Certification Board based on proof of
24 continuing education or professional development. Standard
25 Certificates shall be issued for categories corresponding to
26 Early Childhood Education, Elementary Education, and
27 Secondary Education, with special certification designations
28 for Special Education, Bilingual Education, fundamental
29 learning areas (including Language Arts, Reading,
30 Mathematics, Science, Social Science, Physical Development
31 and Health, Fine Arts, and Foreign Language), and other areas
32 designated by the State Board of Education, in consultation
33 with the State Teacher Certification Board.
34 (d) Master Certificate. Beginning January 1, 1999,
-110- LRB9003157THpkam01
1 persons who have successfully achieved National Board
2 certification through the National Board for Professional
3 Teaching Standards shall be issued a Master Certificate,
4 valid for 7 years and renewable thereafter every 7 years
5 through compliance with requirements set forth by the State
6 Board of Education.
7 (Source: P.A. 88-92.)
8 (105 ILCS 5/21-2.1) (from Ch. 122, par. 21-2.1)
9 Sec. 21-2.1. Early childhood certificate.
10 (a) An early childhood certificate shall be valid for 4
11 years for teaching children up to 6 years of age, exclusive
12 of children enrolled in kindergarten, in facilities approved
13 by the State Superintendent of Education. Beginning July 1,
14 1988, such certificate shall be valid for 4 years for
15 Teaching children through grade 3 in facilities approved by
16 the State Superintendent of Education. Subject to the
17 provisions of Section 21-1a, it shall be issued to persons
18 who have graduated from a recognized institution of higher
19 learning with a bachelor's degree and with not fewer than 120
20 semester hours including professional education or human
21 development or, until July 1, 1992, to persons who have early
22 childhood education instruction and practical experience
23 involving supervised work with children under 6 years of age
24 or with children through grade 3. Such persons shall be
25 recommended for the early childhood certificate by a
26 recognized institution as having completed an approved
27 program of preparation which includes the requisite hours and
28 academic and professional courses and practical experience
29 approved by the State Superintendent of Education in
30 consultation with the State Teacher Certification Board.
31 (b) Beginning January 1, 1999, Initial and Standard
32 Early Childhood Education Certificates shall be issued to
33 persons who meet the criteria established by the State Board
-111- LRB9003157THpkam01
1 of Education.
2 (Source: P.A. 85-1389.)
3 (105 ILCS 5/21-2a) (from Ch. 122, par. 21-2a)
4 Sec. 21-2a. Required curriculum for all teachers. After
5 September 1, 1981 and until January 1, 1999, in addition to
6 all other requirements, the successful completion of course
7 work which includes instruction on the psychology of the
8 exceptional child, the identification of the exceptional
9 child, including, but not limited to the learning disabled
10 and methods of instruction for the exceptional child,
11 including, but not limited to the learning disabled shall be
12 a prerequisite to a person receiving any of the following
13 certificates:; early childhood, elementary, special and high
14 school.
15 (Source: P.A. 81-1082.)
16 (105 ILCS 5/21-3) (from Ch. 122, par. 21-3)
17 Sec. 21-3. Elementary certificate.
18 (a) An elementary school certificate shall be valid for
19 4 years for teaching in the kindergarten and lower 9 grades
20 of the common schools. Subject to the provisions of Section
21 21-1a, it shall be issued to persons who have graduated from
22 a recognized institution of higher learning with a bachelor's
23 degree and with not fewer than 120 semester hours and with a
24 minimum of 16 semester hours in professional education,
25 including 5 semester hours in student teaching under
26 competent and close supervision. Such persons shall be
27 recommended for the elementary certificate by a recognized
28 institution as having completed an approved program of
29 preparation which includes intensive preservice training in
30 the humanities, natural sciences, mathematics and the
31 academic and professional courses approved by the State
32 Superintendent of Education in consultation with the State
-112- LRB9003157THpkam01
1 Teacher Certification Board.
2 (b) Beginning January 1, 1999, Initial and Standard
3 Elementary Certificates shall be issued to persons who meet
4 all of the criteria established by the State Board of
5 Education for elementary education.
6 (Source: P.A. 84-126.)
7 (105 ILCS 5/21-4) (from Ch. 122, par. 21-4)
8 Sec. 21-4. Special certificate.
9 (a) A special certificate shall be valid for 4 years for
10 teaching the special subjects named therein in all grades of
11 the common schools. Subject to the provisions of Section
12 21-1a, it shall be issued to persons who have graduated from
13 a recognized institution of higher learning with a bachelor's
14 degree and with not fewer than 120 semester hours including a
15 minimum of 16 semester hours in professional education, 5 of
16 which shall be in student teaching under competent and close
17 supervision. When the holder of such certificate has earned a
18 master's degree, including eight semester hours of graduate
19 professional education from a recognized institution of
20 higher learning and with two years' teaching experience, it
21 may be endorsed for supervision.
22 Such persons shall be recommended for the special
23 certificate by a recognized institution as having completed
24 an approved program of preparation which includes academic
25 and professional courses approved by the State Superintendent
26 of Education in consultation with the State Teacher
27 Certification Board.
28 (b) Beginning January 1, 1999, special certification
29 designations shall be issued for Special Education, Bilingual
30 Education, fundamental learning areas (Language Arts,
31 Reading, Mathematics, Science, Social Science, Physical
32 Development and Health, Fine Arts, and Foreign Language), and
33 other areas designated by the State Board of Education, to
-113- LRB9003157THpkam01
1 persons who meet all of the criteria established by the State
2 Board of Education, in consultation with the State Teacher
3 Certification Board.
4 (Source: P.A. 84-126.)
5 (105 ILCS 5/21-5) (from Ch. 122, par. 21-5)
6 Sec. 21-5. High school certificate.
7 (a) A high school certificate shall be valid for 4 years
8 for teaching in grades 6 to 12 inclusive of the common
9 schools. Subject to the provisions of Section 21-1a, it shall
10 be issued to persons who have graduated from a recognized
11 institution of higher learning with a bachelor's degree and
12 with not fewer than 120 semester hours including 16 semester
13 hours in professional education, 5 of which shall be in
14 student teaching under competent and close supervision and
15 with one or more teaching fields. Such persons shall be
16 recommended for the high school certificate by a recognized
17 institution as having completed an approved program of
18 preparation which includes the academic and professional
19 courses approved by the State Superintendent of Education in
20 consultation with the State Teacher Certification Board.
21 (b) Beginning January 1, 1999, Initial and Standard
22 Secondary Certificates shall be issued to persons who meet
23 all of the criteria established by the State Board of
24 Education for secondary education.
25 (Source: P.A. 84-126.)
26 (105 ILCS 5/21-5a) (from Ch. 122, par. 21-5a)
27 Sec. 21-5a. Alternative math-science certification. The
28 State Board of Education, in consultation with the State
29 Teacher Certification Board, shall establish and implement an
30 alternative certification program under which persons who
31 qualify for admission to, and who successfully complete the
32 program and meet the additional requirements established by
-114- LRB9003157THpkam01
1 this Section shall be issued an initial alternative teaching
2 certificate for teaching mathematics, science or mathematics
3 and science in grades 9 through 12 of the common schools. In
4 establishing an alternative certification program under this
5 Section, the State Board of Education shall designate an
6 appropriate area within the State where the program shall be
7 offered and made available to persons qualified for admission
8 to the program. In addition, the State Board of Education,
9 in cooperation with one or more recognized institutions of
10 higher learning, shall develop a comprehensive course of
11 study that persons admitted to the program must successfully
12 complete in order to satisfy one criterion for issuance of an
13 initial alternative certificate under this Section. The
14 comprehensive course of study so developed shall include one
15 semester of practice teaching.
16 An initial alternative teaching certificate, valid for 4
17 years for teaching mathematics, science or mathematics and
18 science in grades 9 through 12 of the common schools and
19 renewable as provided in Section 21-14, shall be issued under
20 this Section 21-5a to persons who qualify for admission to
21 the alternative certification program and who at the time of
22 applying for an initial alternative teaching certificate
23 under this Section:
24 (1) have graduated with a master's degree in
25 mathematics or any science discipline from an institution
26 of higher learning whose scholarship standards are
27 approved by the State Board of Education for purposes of
28 the alternative certification program;
29 (2) have been employed for at least 10 years in an
30 area requiring knowledge and practical application of
31 their academic background in mathematics or a science
32 discipline;
33 (3) have successfully completed the alternative
34 certification program and the course of comprehensive
-115- LRB9003157THpkam01
1 study, including one semester of practice teaching,
2 developed as part of the program as provided in this
3 Section and approved by the State Board of Education; and
4 (4) have passed the examinations required by test
5 of basic skills and subject matter knowledge required by
6 Section 21-1a.
7 The alternative certification program shall be
8 implemented at the commencement of the 1992-1993 academic
9 year.
10 The State Board of Education shall establish criteria for
11 admission to the alternative certification program and shall
12 adopt rules and regulations that are consistent with this
13 Section and that the State Board of Education deems necessary
14 to establish and implement the program.
15 (Source: P.A. 87-446.)
16 (105 ILCS 5/21-5c new)
17 Sec. 21-5c. Alternative route to teacher certification.
18 The State Board of Education, in consultation with the State
19 Teacher Certification Board, shall establish and implement an
20 alternative route to teacher certification program under
21 which persons who meet the requirements of and successfully
22 complete the program established by this Section shall be
23 issued an initial teaching certificate for teaching in
24 schools in this State. The State Board of Education shall
25 approve a course of study that persons in the program must
26 successfully complete in order to satisfy one criterion for
27 issuance of a certificate under this Section. The
28 Alternative Route to Teacher Certification program course of
29 study must include the current content and skills contained
30 in a university's current courses for State certification
31 which have been approved by the State Board of Education, in
32 consultation with the State Teacher Certification Board, as
33 the requirement for State teacher certification.
-116- LRB9003157THpkam01
1 The program established under this Section shall be known
2 as the Alternative Route to Teacher Certification program.
3 The program may be offered in conjunction with one or more
4 not-for-profit organizations in the State. The program shall
5 be comprised of the following 3 phases: (a) a course of study
6 offered on an intensive basis in education theory,
7 instructional methods, and practice teaching; (b) the
8 person's assignment to a full-time teaching position for one
9 school year, including the designation of a mentor teacher to
10 advise and assist the person with that teaching assignment;
11 and (c) a comprehensive assessment of the person's teaching
12 performance by school officials and program participants and
13 a recommendation by the institution of higher education to
14 the State Board of Education that the person be issued an
15 initial teaching certificate. Successful completion of the
16 Alternative Route to Teacher Certification program shall be
17 deemed to satisfy any other practice or student teaching and
18 subject matter requirements established by law.
19 A provisional alternative teaching certificate, valid for
20 one year of teaching in the common schools and not renewable,
21 shall be issued under this Section 21-5c to persons who at
22 the time of applying for the provisional alternative teaching
23 certificate under this Section:
24 (1) have graduated from an accredited college or
25 university with a bachelor's degree;
26 (2) have been employed for a period of at least 5
27 years in an area requiring application of the
28 individual's education;
29 (3) have successfully completed the first phase of
30 the Alternative Teacher Certification program as provided
31 in this Section; and
32 (4) have passed the tests of basic skills and
33 subject matter knowledge required by Section 21-1a.
34 An initial teaching certificate, valid for teaching in
-117- LRB9003157THpkam01
1 the common schools, shall be issued under Section 21-3 or
2 21-5 to persons who first complete the requirements for the
3 provisional alternative teaching certificate and who at the
4 time of applying for an initial teaching certificate have
5 successfully completed the second and third phases of the
6 Alternative Route to Teacher Certification program as
7 provided in this Section.
8 A person possessing a provisional alternative certificate
9 or an initial teaching certificate earned under this Section
10 shall be treated as a regularly certified teacher for
11 purposes of compensation, benefits, and other terms and
12 conditions of employment afforded teachers in the school who
13 are members of a bargaining unit represented by an exclusive
14 bargaining representative, if any.
15 The State Board of Education may adopt rules and
16 regulations that are consistent with this Section and that
17 the State Board deems necessary to establish and implement
18 the program.
19 (105 ILCS 5/21-5d new)
20 Sec. 21-5d. Alternative route to administrative
21 certification. The State Board of Education, in consultation
22 with the State Teacher Certification Board and an advisory
23 panel consisting of no less than 7 administrators appointed
24 by the State Superintendent of Education, shall establish and
25 implement an alternative route to administrative
26 certification program under which persons who meet the
27 requirements of and successfully complete the program
28 established by this Section shall be issued a standard
29 administrative certificate for serving as an administrator in
30 schools in this State. For the purposes of this Section
31 only, "administrator" means a person holding any
32 administrative position for which a standard administrative
33 certificate with a general administrative endorsement, chief
-118- LRB9003157THpkam01
1 school business official endorsement, or superintendent
2 endorsement is required, except a principal or an assistant
3 principal. The State Board of Education shall approve a
4 course of study that persons in the program must successfully
5 complete in order to satisfy one criterion for issuance of a
6 certificate under this Section. The Alternative Route to
7 Administrative Certification program course of study must
8 include the current content and skills contained in a
9 university's current courses for State certification which
10 have been approved by the State Board of Education, in
11 consultation with the State Teacher Certification Board, as
12 the requirement for administrative certification.
13 The program established under this Section shall be known
14 as the Alternative Route to Administrative Certification
15 program. The program shall be comprised of the following 3
16 phases: (a) a course of study offered on an intensive basis
17 in education management, governance, organization, and
18 planning; (b) the person's assignment to a full-time position
19 for one school year as an administrator; and (c) a
20 comprehensive assessment of the person's performance by
21 school officials and a recommendation to the State Board of
22 Education that the person be issued a standard administrative
23 certificate. Successful completion of the Alternative Route
24 to Administrative Certification program shall be deemed to
25 satisfy any other supervisory, administrative, or management
26 experience requirements established by law.
27 A provisional alternative administrative certificate,
28 valid for one year of serving as an administrator in the
29 common schools and not renewable, shall be issued under this
30 Section 21-5d to persons who at the time of applying for the
31 provisional alternative administrative certificate under this
32 Section:
33 (1) have graduated from an accredited college or
34 university with a master's degree in a management field
-119- LRB9003157THpkam01
1 or with a bachelor's degree and the life experience
2 equivalent of a master's degree in a management field as
3 determined by the State Board of Education;
4 (2) have been employed for a period of at least 5
5 years in a management level position;
6 (3) have successfully completed the first phase of
7 the Alternative Route to Administrative Certification
8 program as provided in this Section; and
9 (4) have passed any examination required by the
10 State Board of Education.
11 A standard administrative certificate with a general
12 administrative endorsement, chief school business official
13 endorsement, or superintendent endorsement, renewable as
14 provided in Section 21-14, shall be issued under Section
15 21-7.1 to persons who first complete the requirements for the
16 provisional alternative administrative certificate and who at
17 the time of applying for a standard administrative
18 certificate have successfully completed the second and third
19 phases of the Alternative Route to Administrative
20 Certification program as provided in this Section.
21 The State Board of Education may adopt rules and
22 regulations that are consistent with this Section and that
23 the State Board deems necessary to establish and implement
24 the program.
25 (105 ILCS 5/21-10) (from Ch. 122, par. 21-10)
26 Sec. 21-10. Provisional certificate.
27 (A) Until July 1, 1972, the State Teacher Certification
28 Board may issue a provisional certificate valid for teaching
29 in elementary, high school or special subject fields subject
30 to the following conditions:
31 A provisional certificate may be issued to a person who
32 presents certified evidence of having earned a bachelor's
33 degree from a recognized institution of higher learning. The
-120- LRB9003157THpkam01
1 academic and professional courses offered as a basis of the
2 provisional certificate shall be courses approved by the
3 State Board of Education in consultation with the State
4 Teacher Certification Board.
5 A certificate earned under this plan may be renewed at
6 the end of each two-year period upon evidence filed with the
7 State Teacher Certification Board that the holder has earned
8 8 semester hours of credit within the period; provided the
9 requirements for the certificate of the same type issued for
10 the teaching position for which the teacher is employed shall
11 be met by the end of the second renewal period. A second
12 provisional certificate shall not be issued. The credits so
13 earned must be approved by the State Board of Education in
14 consultation with the State Teacher Certification Board and
15 must meet the general pattern for a similar type of
16 certificate issued on the basis of credit. No more than 4
17 semester hours shall be chosen from elective subjects.
18 (B) After July 1, 1972, the State Teacher Certification
19 Board may issue a provisional certificate valid for teaching
20 in early childhood, elementary, high school or special
21 subject fields, or for providing service as school service
22 personnel or for administering schools subject to the
23 following conditions: A provisional certificate may be issued
24 to a person who meets the requirements for a regular
25 teaching, school service personnel or administrative
26 certificate in another State and who presents certified
27 evidence of having earned a bachelor's degree from a
28 recognized institution of higher learning. The academic and
29 professional courses offered as a basis of the provisional
30 certificate shall be courses approved by the State Board of
31 Education in consultation with the State Teacher
32 Certification Board. A certificate earned under this plan is
33 valid for a period of 2 years and shall not be renewed;
34 however, the individual to whom this certificate is issued
-121- LRB9003157THpkam01
1 shall have passed or shall pass the examinations set forth by
2 the State Board of Education basic skills test and subject
3 matter knowledge test or tests within 9 months of the date of
4 issuance of the provisional certificate. Failure to pass the
5 tests, required in Section 21-1a, shall result in the
6 cancellation of the provisional certificate.
7 (C) The State Teacher Certification Board may also issue
8 a provisional vocational certificate and a temporary
9 provisional vocational certificate.
10 (1) The requirements for a provisional vocational
11 certificate shall be determined by the State Board of
12 Education in consultation with the State Teacher Board;
13 provided, the following minimum requirements are met: (a)
14 after July 1, 1972, at least 30 semester hours of credit
15 from a recognized institution of higher learning; and (b)
16 after July 1, 1974, at least 60 semester hours of credit
17 from a recognized institution of higher learning.
18 (2) The requirements for a temporary provisional
19 vocational certificate shall be determined by the State
20 Board of Education in consultation with the State Teacher
21 Certification Board; provided, the following minimum
22 requirements are met: (a) after July 1, 1973, at least
23 4,000 hours of work experience in the skill to be
24 certified for teaching; and (b) after July 1, 1975, at
25 least 8,000 hours of work experience in the skill to be
26 certified for teaching. Any certificate issued under the
27 provisions of this paragraph shall expire on June 30
28 following the date of issue. Renewals may be granted on
29 a yearly basis, but shall not be granted to any person
30 who does not file with the State Teacher Certification
31 Board a transcript showing at least 3 semester hours of
32 credit earned during the previous year in a recognized
33 institution of learning. No such certificate shall be
34 issued except upon certification by the employing board,
-122- LRB9003157THpkam01
1 subject to the approval of the regional superintendent of
2 schools, that no qualified teacher holding a regular
3 certificate or a provisional vocational certificate is
4 available and that actual circumstances and need require
5 such issuance.
6 The courses or work experience offered as a basis for the
7 issuance of the provisional vocational certificate or the
8 temporary provisional vocational certificate shall be
9 approved by the State Board of Education in consultation with
10 the State Teacher Certification Board.
11 (D) Until July 1, 1972, the State Teacher Certification
12 Board may also issue a provisional foreign language
13 certificate valid for 4 years for teaching the foreign
14 language named therein in all grades of the common schools
15 and shall be issued to persons who have graduated from a
16 recognized institution of higher learning with not fewer than
17 120 semester hours of credit and who have met other
18 requirements as determined by the State Board of Education in
19 consultation with the State Teacher Certification Board. If
20 the holder of a provisional foreign language certificate is
21 not a citizen of the United States within 6 years of the date
22 of issuance of the original certificate, such certificate
23 shall be suspended by the regional superintendent of schools
24 of the region in which the holder is engaged to teach and
25 shall not be reinstated until the holder is a citizen of the
26 United States.
27 (E) Notwithstanding anything in this Act to the
28 contrary, the State Teacher Certification Board shall issue
29 part-time provisional certificates to eligible individuals
30 who are professionals and craftsmen.
31 The requirements for a part-time provisional teachers
32 certificate shall be determined by the State Board of
33 Education in consultation with the State Teacher
34 Certification Board, provided the following minimum
-123- LRB9003157THpkam01
1 requirements are met: 60 semester hours of credit from a
2 recognized institution of higher learning or 4000 hours of
3 work experience in the skill to be certified for teaching.
4 A part-time provisional certificate may be issued for
5 teaching no more than 2 courses of study for grades 6 through
6 12.
7 A part-time provisional teachers certificate shall be
8 valid for 2 years and may be renewed at the end of each 2
9 year period.
10 (Source: P.A. 88-204.)
11 (105 ILCS 5/21-11.1) (from Ch. 122, par. 21-11.1)
12 Sec. 21-11.1. Certificates for equivalent
13 qualifications. An applicant who holds or is eligible to hold
14 a teacher's certificate or license under the laws of another
15 state or territory of the United States may be granted a
16 corresponding teacher's certificate in Illinois on the
17 written authorization of the State Board of Education and the
18 State Teacher Certification Board upon the following
19 conditions:
20 (1) That the applicant is at least 19 years of age,
21 is of good character, good health and a citizen of the
22 United States; and
23 (2) That the requirements for a similar teacher's
24 certificate in the particular state or territory were, at
25 the date of issuance of the certificate, substantially
26 equal to the requirements in force at the time the
27 application is made for the certificate in this State.
28 After January 1, 1988, in addition to satisfying the
29 foregoing conditions and requirements, an applicant for a
30 corresponding teaching certificate in Illinois also shall be
31 required to pass the examinations test of basic skills and
32 subject matter knowledge required under the provisions of
33 Section 21-1a as directed by the State Board of Education.
-124- LRB9003157THpkam01
1 In determining good character under this Section, any
2 felony conviction of the applicant may be taken into
3 consideration, but the conviction shall not operate as a bar
4 to registration.
5 The State Board of Education in consultation with the
6 State Teacher Certification Board shall prescribe rules and
7 regulations establishing the similarity of certificates in
8 other states and the standards for determining the
9 equivalence of requirements.
10 (Source: P.A. 87-242.)
11 (105 ILCS 5/21-11.3) (from Ch. 122, par. 21-11.3)
12 Sec. 21-11.3. Resident teacher certificate. A resident
13 teacher certificate shall be valid for 2 years for employment
14 as a resident teacher in a public school. It shall be issued
15 only to persons who have graduated from a recognized
16 institution of higher education with a bachelor's degree, who
17 are enrolled in a program of preparation approved by the
18 State Superintendent of Education in consultation with the
19 State Teacher Certification Board, and who have passed the
20 appropriate tests as required in test of basic skills
21 required by Section 21-1a and as determined by the State
22 Board of Education. A resident teacher certificate may be
23 issued for teaching children through grade 3 or for grades
24 K-9, 6-12, or K-12 in a special subject area and may not be
25 renewed. A resident teacher may teach only in conjunction
26 with and under the direction of a certified teacher and shall
27 not teach in place of a certified teacher.
28 (Source: P.A. 87-222.)
29 (105 ILCS 5/21-11.4)
30 Sec. 21-11.4. Illinois Teacher Corps.
31 (a) The General Assembly finds and determines that (i)
32 it is important to encourage the entry of qualified
-125- LRB9003157THpkam01
1 professionals into elementary and secondary teaching as a
2 second career; and (ii) there are a number of individuals who
3 have bachelors' degrees, experience in the work force, and an
4 interest in serving youth that creates a special talent pool
5 with great potential for enriching the lives of Illinois
6 children as teachers. To provide this talent pool with the
7 opportunity to serve children as teachers, school districts,
8 colleges, and universities are encouraged, as part of the
9 public policy of this State, to enter into collaborative
10 programs to educate and induct these non-traditional
11 candidates into the teaching profession. To facilitate the
12 certification of such candidates, the State Board of
13 Education, in consultation with the State Teacher
14 Certification Board, shall assist institutions of higher
15 education and school districts with the implementation of the
16 Illinois Teacher Corps.
17 (b) Individuals who wish to become candidates for the
18 Illinois Teacher Corps program must earn a resident teacher
19 certificate as defined in Section 21-11.3, including:
20 (1) graduation from a recognized institution of
21 higher education with a bachelor's degree and at least a
22 3.00 out of a 4.00 grade point average;
23 (2) a minimum of 5 years of professional experience
24 in the area the candidate wishes to teach;
25 (3) passing the examinations required by the State
26 Board of Education test of basic skills and subject
27 matter required by Section 21-1a;
28 (4) enrollment in a Masters of Education Degree
29 program approved by the State Superintendent of Education
30 in consultation with the State Teacher Certification
31 Board; and
32 (5) completion of a 6 week summer intensive teacher
33 preparation course which is the first component of the
34 Masters Degree program.
-126- LRB9003157THpkam01
1 (c) School districts may hire an Illinois Teacher Corps
2 candidate after the candidate has received his or her
3 resident teacher certificate. The school district has the
4 responsibility of ensuring that the candidates receive the
5 supports necessary to become qualified, competent and
6 productive teachers. To be eligible to participate in the
7 Illinois Teacher Corps program, school districts must provide
8 a minimum of the following supports to the candidates:
9 (1) a salary and benefits package as negotiated
10 through the teacher contracts;
11 (2) a mentor certified teacher who will provide
12 guidance to one or more candidates under a program
13 developed collaboratively by the school district and
14 university;
15 (3) at least quarterly evaluations performed of
16 each candidate jointly by the mentor teacher and the
17 principal of the school or the principal's designee; and
18 (4) a written and signed document from the school
19 district outlining the support the district intends to
20 provide to the candidates, for approval by the State
21 Teacher Certification Board.
22 (d) Illinois institutions of higher education shall work
23 collaboratively with school districts and the State Teacher
24 Certification Board to academically prepare the candidates
25 for the teaching profession. To be eligible to participate,
26 the College or School of Education of a participating
27 Illinois institution of higher education must develop a
28 curriculum that provides, upon completion, a Masters Degree
29 in Education for the candidates. The Masters Degree program
30 must:
31 (1) receive approval from the State Teacher
32 Certification Board; and
33 (2) take no longer than 3 summers and 2 academic
34 years to complete, and balance the needs and time
-127- LRB9003157THpkam01
1 constraints of the candidates.
2 (e) Upon successful completion of the Masters Degree
3 program, the candidate receives an Initial Teaching
4 Certificate becomes a fully certified teacher in the State of
5 Illinois and all other general education academic coursework
6 deficiencies are waived.
7 (f) If an individual wishes to become a candidate in the
8 Illinois Teacher Corps program, but does not possess 5 years
9 of professional experience, the individual may qualify for
10 the program by participating in a one year internship
11 teacher preparation program with a school district. The one
12 year internship shall be developed collaboratively by the
13 school district and the Illinois institution of higher
14 education, and shall be approved by the State Teacher
15 Certification Board.
16 (g) The State Board of Education is authorized to award
17 grants to school districts that seek to prepare candidates
18 for the teaching profession who have bachelors' degrees and
19 professional work experience in subjects relevant to teaching
20 fields, but who do not have formal preparation for teaching.
21 Grants may be made to school districts for up to $3,000 per
22 candidate when the school district, in cooperation with a
23 public or private university and the school district's
24 teacher bargaining unit, develop a program designed to
25 prepare teachers pursuant to the Illinois Teacher Corps
26 program under this Section.
27 (Source: P.A. 88-204.)
28 (105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
29 Sec. 21-14. Registration and renewal of certificates.)
30 (a) A limited four-year certificate or a certificate
31 issued after July 1, 1955, shall be renewable at its
32 expiration or within 60 days thereafter by the county
33 superintendent of schools having supervision and control over
-128- LRB9003157THpkam01
1 the school where the teacher is teaching upon certified
2 evidence of meeting the requirements for renewal as required
3 by this Act and prescribed by the State Board of Education in
4 consultation with the State Teacher Certification Board. An
5 elementary supervisory certificate shall not be renewed at
6 the end of the first four-year period covered by the
7 certificate unless the holder thereof has filed certified
8 evidence with the State Teacher Certification Board that he
9 has a master's degree or that he has earned 8 semester hours
10 of credit in the field of educational administration and
11 supervision in a recognized institution of higher learning.
12 The holder shall continue to earn 8 semester hours of credit
13 each four-year period until such time as he has earned a
14 master's degree.
15 All certificates not renewed or registered as herein
16 provided shall lapse after a period of 4 years from the
17 expiration of the last year of registration. Such
18 certificates may be reinstated for a one year period upon
19 payment of all accumulated registration fees. Such
20 reinstated certificates shall only be renewed: (1) by earning
21 5 semester hours of credit in a recognized institution of
22 higher learning in the field of professional education or in
23 courses related to the holder's contractual teaching duties;
24 or (2) by presenting evidence of holding a valid regular
25 certificate of some other type. Any certificate may be
26 voluntarily surrendered by the certificate holder. A
27 voluntarily surrendered certificate shall be treated as a
28 revoked certificate.
29 (b) When those teaching certificates issued before
30 January 1, 1999 are renewed for the first time after January
31 1, 1999, all such teaching certificates shall be exchanged
32 for Standard Teaching Certificates as provided in subsection
33 (c) of Section 21-2. All Initial and Standard Teaching
34 Certificates, including those issued to persons who
-129- LRB9003157THpkam01
1 previously held teaching certificates issued before January
2 1, 1999, shall be renewable under the conditions set forth in
3 this subsection (b).
4 Initial Teaching Certificates are valid for 4 years and
5 are nonrenewable. Standard Teaching Certificates are
6 renewable every 5 years as provided in subsection (c) of
7 Section 21-2.
8 (Source: P.A. 86-400.)
9 (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
10 Sec. 24-11. Boards of Education - Boards of School
11 Inspectors - Contractual continued service. As used in this
12 and the succeeding Sections of this Article:,
13 "Teacher" means any or all school district employees
14 regularly required to be certified under laws relating to the
15 certification of teachers.,
16 "Board" means board of directors, board of education, or
17 board of school inspectors, as the case may be., and
18 "School term" means that portion of the school year, July
19 1 to the following June 30, when school is in actual session.
20 This Section and Sections 24-12 through 24-16 of this
21 Article apply only to school districts having less than
22 500,000 inhabitants.
23 Any teacher who has been employed in any district as a
24 full-time teacher for a probationary period of 2 consecutive
25 school terms shall enter upon contractual continued service
26 unless given written notice of dismissal stating the specific
27 reason therefor, by certified mail, return receipt requested
28 by the employing board at least 45 60 days before the end of
29 such period; except that for a teacher who is first employed
30 by a school district on or after January 1, 1998 and who has
31 not before that date already entered upon contractual
32 continued service in that district, the probationary period
33 shall be 4 consecutive school terms before the teacher shall
-130- LRB9003157THpkam01
1 enter upon contractual continued service. For the purpose of
2 determining contractual continued service, the first
3 probationary year shall be any full-time employment from a
4 date before November 1 through the end of the school year.
5 If, however, a teacher has not had one school term of
6 full-time teaching experience before the beginning of such
7 probationary period, the employing board may at its option
8 extend such probationary period for one additional school
9 term by giving the teacher written notice by certified mail,
10 return receipt requested at least 60 days before the end of
11 the second school term of the period of 2 consecutive school
12 terms referred to above. Such notice must state the reasons
13 for the one year extension and must outline the corrective
14 actions which the teacher should take to satisfactorily
15 complete probation.
16 Any full-time teacher who is not completing the last
17 first year of the probationary period described in the
18 preceding paragraph, or any teacher employed on a full-time
19 basis not later than January 1 of the school term, shall
20 receive written notice from the employing board at least 45
21 60 days before the end of any school term whether or not he
22 will be re-employed for the following school term. If the
23 board fails to give such notice, the employee shall be deemed
24 reemployed, and not later than the close of the then current
25 school term the board shall issue a regular contract to the
26 employee as though the board had reemployed him in the usual
27 manner.
28 Contractual continued service shall continue in effect
29 the terms and provisions of the contract with the teacher
30 during the last school term of the probationary period,
31 subject to this Act and the lawful regulations of the
32 employing board. This Section and succeeding Sections do not
33 modify any existing power of the board except with respect to
34 the procedure of the discharge of a teacher and reductions in
-131- LRB9003157THpkam01
1 salary as hereinafter provided. Contractual continued service
2 status shall not restrict the power of the board to transfer
3 a teacher to a position which the teacher is qualified to
4 fill or to make such salary adjustments as it deems
5 desirable, but unless reductions in salary are uniform or
6 based upon some reasonable classification, any teacher whose
7 salary is reduced shall be entitled to a notice and a hearing
8 as hereinafter provided in the case of certain dismissals or
9 removals.
10 The employment of any teacher in a program of a special
11 education joint agreement established under Section 3-15.14,
12 10-22.31 or 10-22.31a shall be under this and succeeding
13 Sections of this Article. For purposes of attaining and
14 maintaining contractual continued service and computing
15 length of continuing service as referred to in this Section
16 and Section 24-12, employment in a special educational joint
17 program shall be deemed a continuation of all previous
18 certificated employment of such teacher for such joint
19 agreement whether the employer of the teacher was the joint
20 agreement, the regional superintendent, or one of the
21 participating districts in the joint agreement.
22 Any teacher employed after July 1, 1987 as a full-time
23 teacher in a program of a special education joint agreement,
24 whether the program is operated by the joint agreement or a
25 member district on behalf of the joint agreement, for a
26 probationary period of two consecutive years shall enter upon
27 contractual continued service in all of the programs
28 conducted by such joint agreement which the teacher is
29 legally qualified to hold; except that for a teacher who is
30 first employed on or after January 1, 1998 in a program of a
31 special education joint agreement and who has not before that
32 date already entered upon contractual continued service in
33 all of the programs conducted by the joint agreement that the
34 teacher is legally qualified to hold, the probationary period
-132- LRB9003157THpkam01
1 shall be 4 consecutive years before the teacher enters upon
2 contractual continued service in all of those programs. In
3 the event of a reduction in the number of programs or
4 positions in the joint agreement, the teacher on contractual
5 continued service shall be eligible for employment in the
6 joint agreement programs for which the teacher is legally
7 qualified in order of greater length of continuing service in
8 the joint agreement unless an alternative method of
9 determining the sequence of dismissal is established in a
10 collective bargaining agreement. In the event of the
11 dissolution of a joint agreement, the teacher on contractual
12 continued service who is legally qualified shall be assigned
13 to any comparable position in a member district currently
14 held by a teacher who has not entered upon contractual
15 continued service or held by a teacher who has entered upon
16 contractual continued service with shorter length of
17 contractual continued service.
18 The governing board of the joint agreement, or the
19 administrative district, if so authorized by the articles of
20 agreement of the joint agreement, rather than the board of
21 education of a school district, may carry out employment and
22 termination actions including dismissals under this Section
23 and Section 24-12.
24 For purposes of this and succeeding Sections of this
25 Article, a program of a special educational joint agreement
26 shall be defined as instructional, consultative, supervisory,
27 administrative, diagnostic, and related services which are
28 managed by the special educational joint agreement designed
29 to service two or more districts which are members of the
30 joint agreement.
31 Each joint agreement shall be required to post by
32 February 1, a list of all its employees in order of length of
33 continuing service in the joint agreement, unless an
34 alternative method of determining a sequence of dismissal is
-133- LRB9003157THpkam01
1 established in an applicable collective bargaining agreement.
2 The employment of any teacher in a special education
3 program authorized by Section 14-1.01 through 14-14.01, or a
4 joint educational program established under Section
5 10-22.31a, shall be under this and the succeeding Sections of
6 this Article, and such employment shall be deemed a
7 continuation of the previous employment of such teacher in
8 any of the participating districts, regardless of the
9 participation of other districts in the program. Any teacher
10 employed as a full-time teacher in a special education
11 program prior to September 23, 1987 in which 2 or more school
12 districts participate for a probationary period of 2
13 consecutive years shall enter upon contractual continued
14 service in each of the participating districts, subject to
15 this and the succeeding Sections of this Article, and in the
16 event of the termination of the program shall be eligible for
17 any vacant position in any of such districts for which such
18 teacher is qualified.
19 (Source: P.A. 85-1163; 85-1209; 85-1440.)
20 (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5)
21 Sec. 24A-5. Content of evaluation plans. Each school
22 district to which this Article applies shall establish a
23 teacher evaluation plan which ensures that each teacher in
24 contractual continued service is evaluated at least once in
25 the course of every 2 school years, beginning with the
26 1986-87 school year.
27 The evaluation plan shall comply with the requirements of
28 this Section and of any rules adopted by the State Board of
29 Education pursuant to this Section.
30 The plan shall include a description of each teacher's
31 duties and responsibilities and of the standards to which
32 that teacher is expected to conform.
33 The plan may provide for evaluation of personnel whose
-134- LRB9003157THpkam01
1 positions require administrative certification by independent
2 evaluators not employed by or affiliated with the school
3 district. The results of the school district administrators'
4 evaluations shall be reported to the employing school board,
5 together with such recommendations for remediation as the
6 evaluator or evaluators may deem appropriate.
7 Evaluation of teachers whose positions do not require
8 administrative certification shall be conducted by an
9 administrator qualified under Section 24A-3, or -- in school
10 districts having a population exceeding 500,000 -- by either
11 an administrator qualified under Section 24A-3 or an
12 assistant principal under the supervision of an administrator
13 qualified under Section 24A-3, and shall include at least the
14 following components:
15 (a) personal observation of the teacher in the
16 classroom (on at least 2 different school days in school
17 districts having a population exceeding 500,000) by a
18 district administrator qualified under Section 24A-3, or
19 -- in school districts having a population exceeding
20 500,000 -- by either an administrator qualified under
21 Section 24A-3 or an assistant principal under the
22 supervision of an administrator qualified under Section
23 24A-3, unless the teacher has no classroom duties.
24 (b) consideration of the teacher's attendance,
25 planning, and instructional methods, classroom
26 management, where relevant, and competency in the subject
27 matter taught, where relevant.
28 (c) rating of the teacher's performance as
29 "excellent", "satisfactory" or "unsatisfactory".
30 (d) specification as to the teacher's strengths and
31 weaknesses, with supporting reasons for the comments
32 made.
33 (e) inclusion of a copy of the evaluation in the
34 teacher's personnel file and provision of a copy to the
-135- LRB9003157THpkam01
1 teacher.
2 (f) within 30 days after completion of an
3 evaluation rating a teacher as "unsatisfactory",
4 development and commencement by the district, or by an
5 administrator qualified under Section 24A-3 or an
6 assistant principal under the supervision of an
7 administrator qualified under Section 24A-3 in school
8 districts having a population exceeding 500,000, of a
9 remediation plan designed to correct deficiencies cited,
10 provided the deficiencies are deemed remediable. In all
11 school districts having a population exceeding 500,000
12 the remediation plan for unsatisfactory, tenured teachers
13 shall provide for 90 school 45 days of school remediation
14 within the classroom. Additional remediation, up to 6
15 months (inclusive of the 45 days), may be provided only
16 in those cases where at the termination of the 45 day
17 in-class remediation, the principal and consulting
18 teacher provided for herein determine (based on the
19 teacher's progress) that the teacher may be remediable,
20 but such additional remediation shall create no
21 presumption of remediability and may be terminated at any
22 time after 45 or 90 days by the principal. The principal
23 and consulting teacher shall determine if the additional
24 remediation time shall be conducted within or outside of
25 the assigned classroom. In all school districts
26 evaluations issued pursuant to this Section in school
27 districts having a population exceeding 500,000 shall be
28 issued within 10 days after the conclusion of the
29 respective remediation plan. However, the school board
30 or other governing authority of the district shall not
31 lose jurisdiction to discharge a teacher in the event the
32 evaluation is not issued within 10 days after the
33 conclusion of the respective remediation plan.
34 (g) participation in the remediation plan by the
-136- LRB9003157THpkam01
1 teacher rated "unsatisfactory", a district administrator
2 qualified under Section 24A-3 (or -- in a school district
3 having a population exceeding 500,000 -- an administrator
4 qualified under Section 24A-3 or an assistant principal
5 under the supervision of an administrator qualified under
6 Section 24A-3), and a consulting teacher, selected by the
7 participating administrator or by the principal, or -- in
8 school districts having a population exceeding 500,000 --
9 by an administrator qualified under Section 24A-3 or by
10 an assistant principal under the supervision of an
11 administrator qualified under Section 24A-3, of the
12 teacher who was rated "unsatisfactory", which consulting
13 teacher is an educational employee as defined in the
14 Educational Labor Relations Act, has at least 5 years'
15 teaching experience and a reasonable familiarity with the
16 assignment of the teacher being evaluated, and who
17 received an "excellent" rating on his or her most recent
18 evaluation. Where no teachers who meet these criteria
19 are available within the district, the district shall
20 request and the State Board of Education shall supply, to
21 participate in the remediation process, an individual who
22 meets these criteria.
23 In a district having a population of less than
24 500,000 with an exclusive bargaining agent, the
25 bargaining agent may, if it so chooses, supply a roster
26 of qualified teachers from whom the consulting teacher is
27 to be selected. That roster shall, however, contain the
28 names of at least 5 teachers, each of whom meets the
29 criteria for consulting teacher with regard to the
30 teacher being evaluated, or the names of all teachers so
31 qualified if that number is less than 5. In the event of
32 a dispute as to qualification, the State Board shall
33 determine qualification.
34 (h) quarterly evaluations and ratings for one year
-137- LRB9003157THpkam01
1 immediately following receipt of an "unsatisfactory"
2 rating of a teacher for whom a remediation plan has been
3 developed; provided that in school districts having a
4 population exceeding 500,000 there shall be monthly
5 evaluations and ratings for the first 6 months and
6 quarterly evaluations and ratings for the next 6 months
7 immediately following completion of the remediation
8 program of a teacher for whom a remediation plan has been
9 developed. These subsequent evaluations shall be
10 conducted by the participating administrator, or -- in
11 school districts having a population exceeding 500,000 --
12 by either the principal or by an assistant principal
13 under the supervision of an administrator qualified under
14 Section 24A-3. The consulting teacher shall provide
15 advice to the teacher rated "unsatisfactory" on how to
16 improve teaching skills and to successfully complete the
17 remediation plan. The consulting teacher shall
18 participate in developing the remediation plan, but the
19 final decision as to the evaluation shall be done solely
20 by the administrator, or -- in school districts having a
21 population exceeding 500,000 -- by either the principal
22 or by an assistant principal under the supervision of an
23 administrator qualified under Section 24A-3, unless an
24 applicable collective bargaining agreement provides to
25 the contrary. Teachers in the remediation process in a
26 school district having a population exceeding 500,000 are
27 not subject to the annual evaluations described in
28 paragraphs (a) through (e) of this Section. Evaluations
29 at the conclusion of the remediation process shall be
30 separate and distinct from the required annual
31 evaluations of teachers and shall not be subject to the
32 guidelines and procedures relating to those annual
33 evaluations. The evaluator may but is not required to
34 use the forms provided for the annual evaluation of
-138- LRB9003157THpkam01
1 teachers in the district's evaluation plan.
2 (i) in school districts having a population of less
3 than 500,000, reinstatement to a schedule of biennial
4 evaluation for any teacher who completes the 1-year
5 remediation plan with a "satisfactory" or better rating,
6 unless the district's plan regularly requires more
7 frequent evaluations; and in school districts having a
8 population exceeding 500,000, reinstatement to a schedule
9 of biennial evaluation for any teacher who completes the
10 90 45 school day remediation plan or extended plan of up
11 to 6-months with a "satisfactory" or better rating and
12 the one year intensive review schedule as provided in
13 paragraph (h) of this Section with a "satisfactory" or
14 better rating, unless such district's plan regularly
15 requires more frequent evaluations.
16 (j) dismissal in accordance with Section 24-12 or
17 34-85 of The School Code of any teacher who fails to
18 complete any applicable remediation plan with a
19 "satisfactory" or better rating. Districts and teachers
20 subject to dismissal hearings are precluded from
21 compelling the testimony of consulting teachers at such
22 hearings under Section 24-12 or 34-85, either as to the
23 rating process or for opinions of performances by
24 teachers under remediation.
25 In a district districts subject to a collective
26 bargaining agreement as of the effective date of this
27 amendatory Act of 1997 August 1, 1985, any changes made by
28 this amendatory Act to the provisions of this Section that
29 are contrary to the express terms and provisions of that
30 agreement shall go into effect in that district only upon
31 expiration of that agreement. Thereafter, collectively
32 bargained evaluation plans shall at a minimum meet the
33 standards of this Article. If such a district has an
34 evaluation plan, however, whether pursuant to the collective
-139- LRB9003157THpkam01
1 bargaining agreement or otherwise, a copy of that plan shall
2 be submitted to the State Board of Education for review and
3 comment, in accordance with Section 24A-4.
4 Nothing in this Section shall be construed as preventing
5 immediate dismissal of a teacher for deficiencies which are
6 deemed irremediable or for actions which are injurious to or
7 endanger the health or person of students in the classroom or
8 school. Failure to strictly comply with the time requirements
9 contained in Section 24A-5 shall not invalidate the results
10 of the remediation plan.
11 (Source: P.A. 89-15, eff. 5-30-95.)
12 (105 ILCS 5/27A-2)
13 Sec. 27A-2. Legislative declaration.
14 (a) The General Assembly finds and declares as follows:
15 (1) Encouraging educational excellence is in the
16 best interests of the people of this State.
17 (2) There are educators, community members, and
18 parents in Illinois who can offer flexible and innovative
19 educational techniques and programs, but who lack an
20 avenue through which to provide them within the public
21 school system.
22 (3) The enactment of legislation authorizing
23 charter schools to operate in Illinois will promote new
24 options within the public school system and will provide
25 pupils, educators, community members, and parents with
26 the stimulus to strive for educational excellence.
27 (b) The General Assembly further finds and declares that
28 this Article is enacted for the following purposes:
29 (1) To improve pupil learning by creating schools
30 with high, rigorous standards for pupil performance.
31 (2) To increase learning opportunities for all
32 pupils, with special emphasis on expanded learning
33 experiences for at-risk pupils, consistent, however, with
-140- LRB9003157THpkam01
1 an equal commitment to increase learning opportunities
2 for all other groups of pupils in a manner that does not
3 discriminate on the basis of disability, race, creed,
4 color, gender, national origin, religion, ancestry,
5 marital status, or need for special education services.
6 (3) To encourage the use of innovative teaching
7 methods that may be different in some respects than
8 others regularly used in the public school system.
9 (4) To allow the development of new, different, or
10 alternative innovative forms of measuring pupil learning
11 and achievement.
12 (5) To create new professional opportunities for
13 teachers, including the opportunity to be responsible for
14 the learning program at the school site.
15 (6) To provide parents and pupils with expanded
16 choices within the public school system.
17 (7) To encourage parental and community involvement
18 with public schools.
19 (8) To hold charter schools accountable for meeting
20 rigorous school content standards and to provide those
21 schools with the opportunity to improve accountability.
22 (c) In authorizing charter schools, it is the intent of
23 the General Assembly to create a legitimate avenue for
24 parents, teachers, and community members to take responsible
25 risks and create new, innovative, and more flexible ways of
26 educating children within the public school system. The
27 General Assembly seeks to create opportunities within the
28 public school system of Illinois for development of
29 innovative and accountable teaching techniques. The
30 provisions of this Article should be interpreted liberally to
31 support the findings and goals of this Section and to advance
32 a renewed commitment by the State of Illinois to the mission,
33 goals, and diversity of public education.
34 (Source: P.A. 89-450, eff. 4-10-96.)
-141- LRB9003157THpkam01
1 (105 ILCS 5/27A-7)
2 Sec. 27A-7. Charter submission.
3 (a) A proposal to establish a charter school shall be
4 submitted to the State Board and the local school board in
5 the form of a proposed contract entered into between the
6 local school board and the governing body of a proposed
7 charter school. The charter school proposal as submitted to
8 the State Board shall include:
9 (1) The name of the proposed charter school, which
10 must include the words "Charter School".
11 (2) The age or grade range, areas of focus, minimum
12 and maximum numbers of pupils to be enrolled in the
13 charter school, and any other admission criteria that
14 would be legal if used by a school district.
15 (3) A description of and address for the physical
16 plant in which the charter school will be located;
17 provided that nothing in the Article shall be deemed to
18 justify delaying or withholding favorable action on or
19 approval of a charter school proposal because the
20 building or buildings in which the charter school is to
21 be located have not been acquired or rented at the time a
22 charter school proposal is submitted or approved or a
23 charter school contract is entered into or submitted for
24 certification or certified, so long as the proposal or
25 submission identifies and names at least 2 sites that are
26 potentially available as a charter school facility by the
27 time the charter school is to open.
28 (4) The mission statement of the charter school,
29 which must be consistent with the General Assembly's
30 declared purposes; provided that nothing in this Article
31 shall be construed to require that, in order to receive
32 favorable consideration and approval, a charter school
33 proposal demonstrate unequivocally that the charter
34 school will be able to meet each of those declared
-142- LRB9003157THpkam01
1 purposes, it being the intention of the Charter Schools
2 Law that those purposes be recognized as goals that
3 charter schools must aspire to attain.
4 (5) The goals, objectives, and pupil performance
5 standards to be achieved by the charter school.
6 (6) In the case of a proposal to establish a
7 charter school by converting an existing public school or
8 attendance center to charter school status, evidence that
9 the proposed formation of the charter school has received
10 the required approval of from certified teachers, from
11 parents and guardians, and, if applicable, from a local
12 school council as provided in subsection (b) of Section
13 27A-8.
14 (7) A description of the charter school's
15 educational program, pupil performance standards,
16 curriculum, school year, school days, and hours of
17 operation.
18 (8) A description of the charter school's plan for
19 evaluating pupil performance, the types of assessments
20 that will be used to measure pupil progress towards
21 achievement of the school's pupil performance standards,
22 the timeline for achievement of those standards, and the
23 procedures for taking corrective action in the event that
24 pupil performance at the charter school falls below those
25 standards.
26 (9) Evidence that the terms of the charter as
27 proposed are economically sound for both the charter
28 school and the school district, a proposed budget for the
29 term of the charter, a description of the manner in which
30 an annual audit of the financial and administrative
31 operations of the charter school, including any services
32 provided by the school district, are to be conducted, and
33 a plan for the displacement of pupils, teachers, and
34 other employees who will not attend or be employed in the
-143- LRB9003157THpkam01
1 charter school.
2 (10) A description of the governance and operation
3 of the charter school, including the nature and extent of
4 parental, professional educator, and community
5 involvement in the governance and operation of the
6 charter school.
7 (11) An explanation of the relationship that will
8 exist between the charter school and its employees,
9 including evidence that the terms and conditions of
10 employment have been addressed with affected employees
11 and their recognized representative, if any. However, a
12 bargaining unit of charter school employees shall be
13 separate and distinct from any bargaining units formed
14 from employees of a school district in which the charter
15 school is located.
16 (12) An agreement between the parties regarding
17 their respective legal liability and applicable insurance
18 coverage.
19 (13) A description of how the charter school plans
20 to meet the transportation needs of its pupils, and a
21 plan for addressing the transportation needs of
22 low-income and at-risk pupils.
23 (14) The proposed effective date and term of the
24 charter; provided that the first day of the first
25 academic year and the first day of the fiscal year shall
26 be no earlier than August 15 and no later than September
27 15 of a calendar year of the charter school shall
28 coincide with the first day of the academic year and the
29 first day of the fiscal year of the local school
30 district.
31 (15) Any other information reasonably required by
32 the State Board of Education.
33 (b) A proposal to establish a charter school may be
34 initiated by individuals or organizations that will have
-144- LRB9003157THpkam01
1 majority representation on the board of directors or other
2 governing body of the corporation or other discrete legal
3 entity that is to be established to operate the proposed
4 charter school, or by the board of directors or other
5 governing body of a discrete legal entity already existing or
6 established to operate the proposed charter school. The
7 individuals or organizations referred to in this subsection
8 may be school teachers, school administrators, local school
9 councils, colleges or universities or their faculty members,
10 public community colleges or their instructors or other
11 representatives, corporations, or other entities or their
12 representatives. The proposal shall be submitted to the
13 local school board for consideration and, if appropriate, for
14 development of a proposed contract to be submitted to the
15 State Board for certification under Section 27A-6.
16 (c) The local school board may not without the consent
17 of the governing body of the charter school condition its
18 approval of a charter school proposal on acceptance of an
19 agreement to operate under State laws and regulations and
20 local school board policies from which the charter school is
21 otherwise exempted under this Article.
22 (Source: P.A. 89-450, eff. 4-10-96.)
23 (105 ILCS 5/27A-8)
24 Sec. 27A-8. Evaluation of charter proposals.
25 (a) In evaluating any charter school proposal submitted
26 to it, the local school board shall give preference to
27 proposals that:
28 (1) demonstrate a high level of local pupil,
29 parental, community, business, and school personnel
30 support;
31 (2) set rigorous levels of expected pupil
32 achievement and demonstrate feasible plans for attaining
33 those levels of achievement; and
-145- LRB9003157THpkam01
1 (3) are designed to enroll and serve a substantial
2 proportion of at-risk children; provided that nothing in
3 the Charter Schools Law shall be construed as intended to
4 limit the establishment of charter schools to those that
5 serve a substantial portion of at-risk children or to in
6 any manner restrict, limit, or discourage the
7 establishment of charter schools that enroll and serve
8 other pupil populations under a nonexclusive,
9 nondiscriminatory admissions policy.
10 (b) In the case of a proposal to establish a charter
11 school by converting an existing public school or attendance
12 center to charter school status, evidence that the proposed
13 formation of the charter school has received majority support
14 from certified teachers and from parents and guardians in the
15 school or attendance center affected by the proposed charter,
16 and, if applicable, from a local school council, shall be
17 demonstrated by a petition in support of the charter school
18 signed by certified teachers and a petition in support of the
19 charter school signed by parents and guardians and, if
20 applicable, by a vote of the local school council held at a
21 public meeting. In the case of all other proposals to
22 establish a charter school, evidence of sufficient support to
23 fill the number of pupil seats set forth in the proposal may
24 shall be demonstrated by a petition in support of the charter
25 school signed by parents and guardians of students eligible
26 to attend the charter school. In all cases, the individuals,
27 organizations, or entities who initiate the proposal to
28 establish a charter school may elect, in lieu of including
29 any petition referred to in this subsection as a part of the
30 proposal submitted to the local school board, to demonstrate
31 that the charter school has received the support referred to
32 in this subsection by other evidence and information
33 presented at the public meeting that the local school board
34 is required to convene under this Section.
-146- LRB9003157THpkam01
1 (c) Within 45 days of receipt of a charter school
2 proposal, the local school board shall convene a public
3 meeting to obtain information to assist the board in its
4 decision to grant or deny the charter school proposal.
5 (d) Notice of the public meeting required by this
6 Section shall be published in a community newspaper published
7 in the school district in which the proposed charter is
8 located and, if there is no such newspaper, then in a
9 newspaper published in the county and having circulation in
10 the school district. The notices shall be published not more
11 than 10 days nor less than 5 days before the meeting and
12 shall state that information regarding a charter school
13 proposal will be heard at the meeting. Copies of the notice
14 shall also be posted at appropriate locations in the school
15 or attendance center proposed to be established as a charter
16 school, the public schools in the school district, and the
17 local school board office.
18 (e) Within 30 days of the public meeting, the local
19 school board shall vote, in a public meeting, to either grant
20 or deny the charter school proposal.
21 (f) Within 7 days of the public meeting required under
22 subsection (e), the local school board shall file a report
23 with to the State Board granting or denying the whether a
24 proposal has been granted or denied. Within 14 days of
25 receipt of the local school board's report, the State Board
26 shall determine whether the approved charter proposal is
27 consistent with the provisions of this Article and, if the
28 approved proposal complies, certify the proposal pursuant to
29 Section 27A-6.
30 (Source: P.A. 89-450, eff. 4-10-96.)
31 (105 ILCS 5/27A-9)
32 Sec. 27A-9. Term of charter; renewal.
33 (a) A charter may be granted for a period not less than
-147- LRB9003157THpkam01
1 3 and not more than 5 school years. A charter may be renewed
2 in incremental periods not to exceed 5 school years.
3 (b) A charter school renewal proposal submitted to the
4 local school board shall contain:
5 (1) A report on the progress of the charter school
6 in achieving the goals, objectives, pupil performance
7 standards, content standards, and other terms of the
8 initial approved charter proposal; and
9 (2) A financial statement that discloses the costs
10 of administration, instruction, and other spending
11 categories for the charter school that is understandable
12 to the general public and that will allow comparison of
13 those costs to other schools or other comparable
14 organizations, in a format required by the State Board.
15 (c) A charter may be revoked or not renewed if the local
16 school board clearly demonstrates determines that the charter
17 school did any of the following, or otherwise failed to
18 comply with the requirements of this law for other good cause
19 shown:
20 (1) Committed a material violation of any of the
21 conditions, standards, or procedures set forth in the
22 charter.
23 (2) Failed to meet or make reasonable progress
24 toward achievement of the content standards or pupil
25 performance standards identified in the charter.
26 (3) Failed to meet generally accepted standards of
27 fiscal management.
28 (4) Violated any provision of law from which the
29 charter school was not exempted.
30 (d) (Blank). In addition, a charter may not be renewed
31 if the local school board determines that it is not in the
32 interest of the pupils residing within the school district or
33 service area to continue the operation of the charter school.
34 (e) Notice of a local school board's decision to deny,
-148- LRB9003157THpkam01
1 revoke or not to renew a charter shall be provided to the
2 State Board. The State Board may reverse a local board's
3 decision if the State Board finds that the charter school or
4 charter school proposal (i) is in compliance with this
5 Article, and (ii) is in the best interests of the students it
6 is designed to serve. Final decisions of the State Board
7 shall be subject to judicial review under the Administrative
8 Review Law.
9 (f) Notwithstanding other provisions of this Article, if
10 the State Board on appeal reverses a local board's decision,
11 the State Board shall act as the authorized chartering entity
12 for the charter school. The State Board shall approve and
13 certify the charter and shall perform all functions under
14 this Article otherwise performed by the local school board.
15 The State Board shall report the aggregate number of charter
16 school pupils resident in a school district to that district
17 and shall notify the district of the amount of funding to be
18 paid by the State Board to the charter school enrolling such
19 students. The State Board shall withhold from funds
20 otherwise due the district the funds authorized by this
21 Article to be paid to the charter school and shall pay such
22 amounts to the charter school.
23 (Source: P.A. 89-450, eff. 4-10-96.)
24 (105 ILCS 5/27A-11)
25 Sec. 27A-11. Financing.
26 (a) For purposes of the School Code, pupils enrolled in
27 a charter school shall be included in the pupil enrollment of
28 the school district within which the pupil resides. Each
29 charter school (i) shall determine the school district in
30 which each pupil who is enrolled in the charter school
31 resides, and (ii) shall report the aggregate number of pupils
32 resident of a school district who are enrolled in the charter
33 school to the school district in which those pupils reside,
-149- LRB9003157THpkam01
1 and (iii) shall maintain accurate records of daily attendance
2 that shall be deemed sufficient to file claims under Section
3 18-8 notwithstanding any other requirements of that Section
4 regarding hours of instruction and teacher certification.
5 (b) As part of a charter school contract, the charter
6 school and the local school board shall agree on funding and
7 any services to be provided by the school district to the
8 charter school. Agreed funding that a charter school is to
9 receive from the local school board for a school year shall
10 be paid in equal quarterly installments with the payment of
11 the installment for the first quarter being made not later
12 than July 1, unless the charter establishes a different
13 payment schedule.
14 All services centrally or otherwise provided by the
15 school district including, but not limited to, food services,
16 custodial services, maintenance, curriculum, media services,
17 libraries, transportation, and warehousing shall be subject
18 to negotiation between a charter school and the local school
19 board and paid for out of the revenues negotiated pursuant to
20 this subsection (b); provided that the local school board
21 shall not attempt, by negotiation or otherwise, to obligate a
22 charter school to provide pupil transportation for pupils for
23 whom a district is not required to provide transportation
24 under the criteria set forth in subsection (a)(13) of Section
25 27A-7.
26 In no event shall the funding be less than 75% 95% or
27 more than 125% 105% of the school district's per capita
28 student tuition multiplied by the number of students residing
29 in the district who are enrolled in the charter school.
30 It is the intent of the General Assembly that funding and
31 service agreements under this subsection (b) shall be neither
32 a financial incentive nor a financial disincentive to the
33 establishment of a charter school.
34 Fees collected from students enrolled at a charter school
-150- LRB9003157THpkam01
1 shall be retained by the charter school.
2 (c) Notwithstanding subsection (b) of this Section, the
3 proportionate share of State and federal resources generated
4 by students with disabilities or staff serving them shall be
5 directed to charter schools enrolling those students by their
6 school districts or administrative units. The proportionate
7 share of moneys generated under other federal or State
8 categorical aid programs shall be directed to charter schools
9 serving students eligible for that aid.
10 (d)(1) The governing body of a charter school is
11 authorized to accept gifts, donations, or grants of any kind
12 made to the charter school and to expend or use gifts,
13 donations, or grants in accordance with the conditions
14 prescribed by the donor; however, a gift, donation, or grant
15 may not be accepted by the governing body if it is subject to
16 any condition contrary to applicable law or contrary to the
17 terms of the contract between the charter school and the
18 local school board. Charter schools shall be encouraged to
19 solicit and utilize community volunteer speakers and other
20 instructional resources when providing instruction on the
21 Holocaust and other historical events.
22 (2) From amounts appropriated to the State Board for
23 purposes of this subsection (d)(2), the State Board may make
24 loans to charter schools established under this Article to be
25 used by those schools to defer their start-up costs of
26 acquiring textbooks and laboratory and other equipment
27 required for student instruction. Any such loan shall be made
28 to a charter school at the inception of the term of its
29 charter, under terms established by the State Board, and
30 shall be repaid by the charter school over the term of its
31 charter.
32 (e) No later than January 1, 1997, the State Board shall
33 issue a report to the General Assembly and the Governor
34 describing the charter schools certified under this Article,
-151- LRB9003157THpkam01
1 their geographic locations, their areas of focus, and the
2 numbers of school children served by them.
3 (f) The State Board shall provide technical assistance
4 to persons and groups preparing or revising charter
5 applications.
6 (g) At the non-renewal or revocation of its charter,
7 each charter school shall refund to the local board of
8 education all unspent funds.
9 (h) A charter school is authorized to incur temporary,
10 short term debt to pay operating expenses in anticipation of
11 receipt of funds from the local school board.
12 (Source: P.A. 89-450, eff. 4-10-96.)
13 (105 ILCS 5/34-8.4)
14 Sec. 34-8.4. Intervention. The Chicago Schools Academic
15 Accountability Council may recommend to the Chicago School
16 Reform Board of Trustees that any school placed on
17 remediation or probation under Section 34-8.3 or schools that
18 for the 3 consecutive school years of 1992-1993, 1993-1994,
19 and 1994-1995 have met the State Board of Education's
20 category of "does not meet expectations" be made subject to
21 intervention under this Section 34-8.4. In addition to any
22 powers created under this Section, the Trustees shall have
23 all powers created under Section 34-8.3 with respect to
24 schools subjected to intervention.
25 Prior to subjecting a school to intervention, the
26 Trustees shall conduct a public hearing and make findings of
27 facts concerning the recommendation of the Chicago Schools
28 Academic Accountability Council and the factors causing the
29 failure of the school to adequately perform. The Trustees
30 shall afford an opportunity at the hearing for interested
31 persons to comment about the intervention recommendation.
32 After the hearing has been held and completion of findings of
33 fact, the Trustees shall make a determination whether to
-152- LRB9003157THpkam01
1 subject the school to intervention.
2 If the Trustees determine that a school shall be subject
3 to intervention under this Section, the Trustees shall
4 develop an intervention implementation plan and shall cause a
5 performance evaluation to be made of each employee at the
6 school. Upon consideration of such evaluations, and
7 consistent with the intervention implementation plan, the
8 Trustees may reassign, layoff, or dismiss any employees at
9 the attendance center, notwithstanding the provisions of
10 Sections 24A-5 and 34-85.
11 The chief educational officer shall appoint a principal
12 for the school and shall set the terms and conditions of the
13 principal's contract, which in no case may be longer than 2
14 years. The principal shall select all teachers and
15 non-certified personnel for the school as may be necessary.
16 Any provision of Section 34-8.1 that conflicts with this
17 Section shall not apply to a school subjected to intervention
18 under this Section.
19 If pursuant to this Section, the general superintendent,
20 with the approval of the board, orders new local school
21 council elections, the general superintendent shall carry out
22 the responsibilities of the local school council for a school
23 subject to intervention until the new local school council
24 members are elected and trained.
25 Each school year, 5% of the supplemental general State
26 aid Chapter 1 funds distributed to a school subject to
27 intervention during that school year under subsection
28 5(i)(1)(a) of part A of Section 18-8 or subsection (H) of
29 Section 18-8.05 shall be used for employee performance
30 incentives. The Trustees shall prepare a report evaluating
31 the results of any interventions undertaken pursuant to this
32 Section and shall make recommendations concerning
33 implementation of special programs for dealing with
34 underperforming schools on an ongoing basis. This report
-153- LRB9003157THpkam01
1 shall be submitted to the State Superintendent of Education
2 and Mayor of the City of Chicago by January 1, 1999.
3 (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
4 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
5 Sec. 34-18. Powers of the board. The board shall
6 exercise general supervision and jurisdiction over the public
7 education and the public school system of the city, and,
8 except as otherwise provided by this Article, shall have
9 power:
10 1. To make suitable provision for the establishment
11 and maintenance throughout the year or for such portion
12 thereof as it may direct, not less than 9 months, of
13 schools of all grades and kinds, including normal
14 schools, high schools, night schools, schools for
15 defectives and delinquents, parental and truant schools,
16 schools for the blind, the deaf and the crippled, schools
17 or classes in manual training, constructural and
18 vocational teaching, domestic arts and physical culture,
19 vocation and extension schools and lecture courses, and
20 all other educational courses and facilities, including
21 establishing, equipping, maintaining and operating
22 playgrounds and recreational programs, when such programs
23 are conducted in, adjacent to, or connected with any
24 public school under the general supervision and
25 jurisdiction of the board; provided, however, that in
26 allocating funds from year to year for the operation of
27 all attendance centers within the district, the board
28 shall ensure that supplemental general State aid Chapter
29 1 funds are allocated and applied in accordance with
30 Section 18-8 or 18-8.05. To admit to such schools without
31 charge foreign exchange students who are participants in
32 an organized exchange student program which is authorized
33 by the board. The board shall permit all students to
-154- LRB9003157THpkam01
1 enroll in apprenticeship programs in trade schools
2 operated by the board, whether those programs are
3 union-sponsored or not. No student shall be refused
4 admission into or be excluded from any course of
5 instruction offered in the common schools by reason of
6 that student's sex. No student shall be denied equal
7 access to physical education and interscholastic athletic
8 programs supported from school district funds or denied
9 participation in comparable physical education and
10 athletic programs solely by reason of the student's sex.
11 Equal access to programs supported from school district
12 funds and comparable programs will be defined in rules
13 promulgated by the State Board of Education in
14 consultation with the Illinois High School Association.
15 Notwithstanding any other provision of this Article,
16 neither the board of education nor any local school
17 council or other school official shall recommend that
18 children with disabilities be placed into regular
19 education classrooms unless those children with
20 disabilities are provided with supplementary services to
21 assist them so that they benefit from the regular
22 classroom instruction and are included on the teacher's
23 regular education class register;
24 2. To furnish lunches to pupils, to make a
25 reasonable charge therefor, and to use school funds for
26 the payment of such expenses as the board may determine
27 are necessary in conducting the school lunch program;
28 3. To co-operate with the circuit court;
29 4. To make arrangements with the public or
30 quasi-public libraries and museums for the use of their
31 facilities by teachers and pupils of the public schools;
32 5. To employ dentists and prescribe their duties
33 for the purpose of treating the pupils in the schools,
34 but accepting such treatment shall be optional with
-155- LRB9003157THpkam01
1 parents or guardians;
2 6. To grant the use of assembly halls and
3 classrooms when not otherwise needed, including light,
4 heat, and attendants, for free public lectures, concerts,
5 and other educational and social interests, free of
6 charge, under such provisions and control as the
7 principal of the affected attendance center may
8 prescribe;
9 7. To apportion the pupils to the several schools;
10 provided that no pupil shall be excluded from or
11 segregated in any such school on account of his color,
12 race, sex, or nationality. The board shall take into
13 consideration the prevention of segregation and the
14 elimination of separation of children in public schools
15 because of color, race, sex, or nationality. Except that
16 children may be committed to or attend parental and
17 social adjustment schools established and maintained
18 either for boys or girls only. All records pertaining to
19 the creation, alteration or revision of attendance areas
20 shall be open to the public. Nothing herein shall limit
21 the board's authority to establish multi-area attendance
22 centers or other student assignment systems for
23 desegregation purposes or otherwise, and to apportion the
24 pupils to the several schools. Furthermore, beginning in
25 school year 1994-95, pursuant to a board plan adopted by
26 October 1, 1993, the board shall offer, commencing on a
27 phased-in basis, the opportunity for families within the
28 school district to apply for enrollment of their children
29 in any attendance center within the school district which
30 does not have selective admission requirements approved
31 by the board. The appropriate geographical area in which
32 such open enrollment may be exercised shall be determined
33 by the board of education. Such children may be admitted
34 to any such attendance center on a space available basis
-156- LRB9003157THpkam01
1 after all children residing within such attendance
2 center's area have been accommodated. If the number of
3 applicants from outside the attendance area exceed the
4 space available, then successful applicants shall be
5 selected by lottery. The board of education's open
6 enrollment plan must include provisions that allow low
7 income students to have access to transportation needed
8 to exercise school choice. Open enrollment shall be in
9 compliance with the provisions of the Consent Decree and
10 Desegregation Plan cited in Section 34-1.01.
11 8. To approve programs and policies for providing
12 transportation services to students. Nothing herein shall
13 be construed to permit or empower the State Board of
14 Education to order, mandate, or require busing or other
15 transportation of pupils for the purpose of achieving
16 racial balance in any school;
17 9. Subject to the limitations in this Article, to
18 establish and approve system-wide curriculum objectives
19 and standards, including graduation standards, which
20 reflect the multi-cultural diversity in the city and are
21 consistent with State law, provided that for all purposes
22 of this Article courses or proficiency in American Sign
23 Language shall be deemed to constitute courses or
24 proficiency in a foreign language; and to employ
25 principals and teachers, appointed as provided in this
26 Article, and fix their compensation. The board shall
27 prepare such reports related to minimal competency
28 testing as may be requested by the State Board of
29 Education, and in addition shall monitor and approve
30 special education and bilingual education programs and
31 policies within the district to assure that appropriate
32 services are provided in accordance with applicable State
33 and federal laws to children requiring services and
34 education in those areas;
-157- LRB9003157THpkam01
1 10. To employ non-teaching personnel or utilize
2 volunteer personnel for: (i) non-teaching duties not
3 requiring instructional judgment or evaluation of pupils,
4 including library duties; and (ii) supervising study
5 halls, long distance teaching reception areas used
6 incident to instructional programs transmitted by
7 electronic media such as computers, video, and audio,
8 detention and discipline areas, and school-sponsored
9 extracurricular activities. The board may further utilize
10 volunteer non-certificated personnel or employ
11 non-certificated personnel to assist in the instruction
12 of pupils under the immediate supervision of a teacher
13 holding a valid certificate, directly engaged in teaching
14 subject matter or conducting activities; provided that
15 the teacher shall be continuously aware of the
16 non-certificated persons' activities and shall be able to
17 control or modify them. The general superintendent shall
18 determine qualifications of such personnel and shall
19 prescribe rules for determining the duties and activities
20 to be assigned to such personnel;
21 11. To provide television studio facilities in not
22 to exceed one school building and to provide programs for
23 educational purposes, provided, however, that the board
24 shall not construct, acquire, operate, or maintain a
25 television transmitter; to grant the use of its studio
26 facilities to a licensed television station located in
27 the school district; and to maintain and operate not to
28 exceed one school radio transmitting station and provide
29 programs for educational purposes;
30 12. To offer, if deemed appropriate, outdoor
31 education courses, including field trips within the State
32 of Illinois, or adjacent states, and to use school
33 educational funds for the expense of the said outdoor
34 educational programs, whether within the school district
-158- LRB9003157THpkam01
1 or not;
2 13. During that period of the calendar year not
3 embraced within the regular school term, to provide and
4 conduct courses in subject matters normally embraced in
5 the program of the schools during the regular school term
6 and to give regular school credit for satisfactory
7 completion by the student of such courses as may be
8 approved for credit by the State Board of Education;
9 14. To insure against any loss or liability of the
10 board, the former School Board Nominating Commission,
11 Local School Councils, the Chicago Schools Academic
12 Accountability Council, or the former Subdistrict
13 Councils or of any member, officer, agent or employee
14 thereof, resulting from alleged violations of civil
15 rights arising from incidents occurring on or after
16 September 5, 1967 or from the wrongful or negligent act
17 or omission of any such person whether occurring within
18 or without the school premises, provided the officer,
19 agent or employee was, at the time of the alleged
20 violation of civil rights or wrongful act or omission,
21 acting within the scope of his employment or under
22 direction of the board, the former School Board
23 Nominating Commission, the Chicago Schools Academic
24 Accountability Council, Local School Councils, or the
25 former Subdistrict Councils; and to provide for or
26 participate in insurance plans for its officers and
27 employees, including but not limited to retirement
28 annuities, medical, surgical and hospitalization benefits
29 in such types and amounts as may be determined by the
30 board; provided, however, that the board shall contract
31 for such insurance only with an insurance company
32 authorized to do business in this State. Such insurance
33 may include provision for employees who rely on treatment
34 by prayer or spiritual means alone for healing, in
-159- LRB9003157THpkam01
1 accordance with the tenets and practice of a recognized
2 religious denomination;
3 15. To contract with the corporate authorities of
4 any municipality or the county board of any county, as
5 the case may be, to provide for the regulation of traffic
6 in parking areas of property used for school purposes, in
7 such manner as is provided by Section 11-209 of The
8 Illinois Vehicle Code, approved September 29, 1969, as
9 amended;
10 16. To provide, on an equal basis, access to the
11 school campus to the official recruiting representatives
12 of the armed forces of Illinois and the United States for
13 the purposes of informing students of the educational and
14 career opportunities available in the military if the
15 board has provided such access to persons or groups whose
16 purpose is to acquaint students with educational or
17 occupational opportunities available to them. The board
18 is not required to give greater notice regarding the
19 right of access to recruiting representatives than is
20 given to other persons and groups;
21 17. (a) To sell or market any computer program
22 developed by an employee of the school district, provided
23 that such employee developed the computer program as a
24 direct result of his or her duties with the school
25 district or through the utilization of the school
26 district resources or facilities. The employee who
27 developed the computer program shall be entitled to share
28 in the proceeds of such sale or marketing of the computer
29 program. The distribution of such proceeds between the
30 employee and the school district shall be as agreed upon
31 by the employee and the school district, except that
32 neither the employee nor the school district may receive
33 more than 90% of such proceeds. The negotiation for an
34 employee who is represented by an exclusive bargaining
-160- LRB9003157THpkam01
1 representative may be conducted by such bargaining
2 representative at the employee's request.
3 (b) For the purpose of this paragraph 17:
4 (1) "Computer" means an internally programmed,
5 general purpose digital device capable of
6 automatically accepting data, processing data and
7 supplying the results of the operation.
8 (2) "Computer program" means a series of coded
9 instructions or statements in a form acceptable to a
10 computer, which causes the computer to process data
11 in order to achieve a certain result.
12 (3) "Proceeds" means profits derived from
13 marketing or sale of a product after deducting the
14 expenses of developing and marketing such product;
15 18. To delegate to the general superintendent of
16 schools, by resolution, the authority to approve
17 contracts and expenditures in amounts of $10,000 or less;
18 19. Upon the written request of an employee, to
19 withhold from the compensation of that employee any dues,
20 payments or contributions payable by such employee to any
21 labor organization as defined in the Illinois Educational
22 Labor Relations Act. Under such arrangement, an amount
23 shall be withheld from each regular payroll period which
24 is equal to the pro rata share of the annual dues plus
25 any payments or contributions, and the board shall
26 transmit such withholdings to the specified labor
27 organization within 10 working days from the time of the
28 withholding;
29 19a. Upon receipt of notice from the comptroller of
30 a municipality with a population of 500,000 or more that
31 a debt is due and owing the municipality by an employee
32 of the Chicago School Reform Board of Trustees, to
33 withhold, from the compensation of that employee, the
34 amount of the debt that is due and owing and pay the
-161- LRB9003157THpkam01
1 amount withheld to the municipality; provided, however,
2 that the amount deducted from any one salary or wage
3 payment shall not exceed 25% of the net amount of the
4 payment. Before the Board deducts any amount from any
5 salary or wage of an employee under this paragraph, the
6 municipality shall certify that the employee has been
7 afforded an opportunity for a hearing to dispute the debt
8 that is due and owing the municipality. For purposes of
9 this paragraph, "net amount" means that part of the
10 salary or wage payment remaining after the deduction of
11 any amounts required by law to be deducted and "debt due
12 and owing" means (i) a specified sum of money owed to the
13 municipality for city services, work, or goods, after the
14 period granted for payment has expired, or (ii) a
15 specified sum of money owed to the municipality pursuant
16 to a court order or order of an administrative hearing
17 officer after the exhaustion of, or the failure to
18 exhaust, judicial review.
19 20. The board is encouraged to employ a sufficient
20 number of certified school counselors to maintain a
21 student/counselor ratio of 250 to 1 by July 1, 1990.
22 Each counselor shall spend at least 75% of his work time
23 in direct contact with students and shall maintain a
24 record of such time;
25 21. To make available to students vocational and
26 career counseling and to establish 5 special career
27 counseling days for students and parents. On these days
28 representatives of local businesses and industries shall
29 be invited to the school campus and shall inform students
30 of career opportunities available to them in the various
31 businesses and industries. Special consideration shall
32 be given to counseling minority students as to career
33 opportunities available to them in various fields. For
34 the purposes of this paragraph, minority student means a
-162- LRB9003157THpkam01
1 person who is:
2 (a) Black (a person having origins in any of
3 the black racial groups in Africa);
4 (b) Hispanic (a person of Spanish or
5 Portuguese culture with origins in Mexico, South or
6 Central America, or the Caribbean islands,
7 regardless of race);
8 (c) Asian American (a person having origins in
9 any of the original peoples of the Far East,
10 Southeast Asia, the Indian Subcontinent or the
11 Pacific Islands); or
12 (d) American Indian or Alaskan Native (a
13 person having origins in any of the original peoples
14 of North America).
15 Counseling days shall not be in lieu of regular
16 school days;
17 22. To report to the State Board of Education the
18 annual student dropout rate and number of students who
19 graduate from, transfer from or otherwise leave bilingual
20 programs;
21 23. Except as otherwise provided in the Abused and
22 Neglected Child Reporting Act or other applicable State
23 or federal law, to permit school officials to withhold,
24 from any person, information on the whereabouts of any
25 child removed from school premises when the child has
26 been taken into protective custody as a victim of
27 suspected child abuse. School officials shall direct
28 such person to the Department of Children and Family
29 Services, or to the local law enforcement agency if
30 appropriate;
31 24. To develop a policy, based on the current state
32 of existing school facilities, projected enrollment and
33 efficient utilization of available resources, for capital
34 improvement of schools and school buildings within the
-163- LRB9003157THpkam01
1 district, addressing in that policy both the relative
2 priority for major repairs, renovations and additions to
3 school facilities, and the advisability or necessity of
4 building new school facilities or closing existing
5 schools to meet current or projected demographic patterns
6 within the district;
7 25. To make available to the students in every high
8 school attendance center the ability to take all courses
9 necessary to comply with the Board of Higher Education's
10 college entrance criteria effective in 1993;
11 26. To encourage mid-career changes into the
12 teaching profession, whereby qualified professionals
13 become certified teachers, by allowing credit for
14 professional employment in related fields when
15 determining point of entry on teacher pay scale;
16 27. To provide or contract out training programs
17 for administrative personnel and principals with revised
18 or expanded duties pursuant to this Act in order to
19 assure they have the knowledge and skills to perform
20 their duties;
21 28. To establish a fund for the prioritized special
22 needs programs, and to allocate such funds and other lump
23 sum amounts to each attendance center in a manner
24 consistent with the provisions of part 4 of Section
25 34-2.3. Nothing in this paragraph shall be construed to
26 require any additional appropriations of State funds for
27 this purpose;
28 29. (Blank);
29 30. Notwithstanding any other provision of this Act
30 or any other law to the contrary, to contract with third
31 parties for services otherwise performed by employees,
32 including those in a bargaining unit, and to layoff those
33 employees upon 14 days written notice to the affected
34 employees. Those contracts may be for a period not to
-164- LRB9003157THpkam01
1 exceed 5 years and may be awarded on a system-wide basis;
2 31. To promulgate rules establishing procedures
3 governing the layoff or reduction in force of employees
4 and the recall of such employees, including, but not
5 limited to, criteria for such layoffs, reductions in
6 force or recall rights of such employees and the weight
7 to be given to any particular criterion. Such criteria
8 shall take into account factors including, but not be
9 limited to, qualifications, certifications, experience,
10 performance ratings or evaluations, and any other factors
11 relating to an employee's job performance; and
12 32. To develop a policy to prevent nepotism in the
13 hiring of personnel or the selection of contractors.
14 The specifications of the powers herein granted are not
15 to be construed as exclusive but the board shall also
16 exercise all other powers that they may be requisite or
17 proper for the maintenance and the development of a public
18 school system, not inconsistent with the other provisions of
19 this Article or provisions of this Code which apply to all
20 school districts.
21 In addition to the powers herein granted and authorized
22 to be exercised by the board, it shall be the duty of the
23 board to review or to direct independent reviews of special
24 education expenditures and services. The board shall file a
25 report of such review with the General Assembly on or before
26 May 1, 1990.
27 (Source: P.A. 89-15, eff. 5-30-95; 89-397, eff. 8-20-95;
28 89-626, eff. 8-9-96; 90-22, eff. 6-20-97.)
29 (105 ILCS 5/34-18.17 new)
30 Sec. 34-18.17. No pass-no play policy. Beginning with
31 the 1998-99 school year, the board of education shall
32 establish, implement, and enforce a uniform and consistent
33 policy under which a student in any of grades 9 through 12
-165- LRB9003157THpkam01
1 who fails to maintain a specified minimum grade point average
2 or a specified minimum grade in each course in which the
3 student is enrolled or both is suspended from further
4 participation in any school-sponsored or school-supported
5 athletic or extracurricular activities for a specified period
6 or until a specified minimum grade point average or minimum
7 grade or both are earned by the student. The board of
8 education shall adopt a policy as required by this Section
9 not later than one year after the effective date of this
10 amendatory Act of 1997 and shall concurrently file a copy of
11 that policy with the State Board of Education. After the
12 policy has been in effect for one year, the board of
13 education shall file a report with the State Board of
14 Education setting forth the number and length of suspensions
15 imposed under the policy during the period covered by the
16 report. If the board of education already has a policy that
17 is consistent with the requirements of this Section in effect
18 on the effective date of this amendatory Act of 1997, it
19 shall file a copy of that policy with the State Board of
20 Education within 90 days after the effective date of this
21 amendatory Act and shall file the annual report required
22 under this Section 12 months thereafter.
23 (105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
24 Sec. 34-84. Appointments and promotions of teachers.
25 Appointments and promotions of teachers shall be made for
26 merit only, and after satisfactory service for a probationary
27 period of 3 years with respect to probationary employees
28 employed as full-time teachers in the public school system of
29 the district before January 1, 1998 and 4 years with respect
30 to probationary employees who are first employed as full-time
31 teachers in the public school system of the district on or
32 after January 1, 1998 (during which period the board may
33 dismiss or discharge any such probationary employee upon the
-166- LRB9003157THpkam01
1 recommendation, accompanied by the written reasons therefor,
2 of the general superintendent of schools) appointments of
3 teachers shall become permanent, subject to removal for cause
4 in the manner provided by Section 34-85.
5 As used in this Article, "teachers" means and includes
6 all members of the teaching force excluding the general
7 superintendent and principals.
8 There shall be no reduction in teachers because of a
9 decrease in student membership or a change in subject
10 requirements within the attendance center organization after
11 the 20th day following the first day of the school year,
12 except that: (1) this provision shall not apply to
13 desegregation positions, special education positions, or any
14 other positions funded by State or federal categorical funds,
15 and (2) at attendance centers maintaining any of grades 9
16 through 12, there may be a second reduction in teachers on
17 the first day of the second semester of the regular school
18 term because of a decrease in student membership or a change
19 in subject requirements within the attendance center
20 organization.
21 The school principal shall make the decision in selecting
22 teachers to fill new and vacant positions consistent with
23 Section 34-8.1.
24 (Source: P.A. 88-338; 88-511; 89-15, eff. 5-30-95.)
25 Section 5-920. The Illinois Educational Labor Relations
26 Act is amended by changing Sections 5 and 13 as follows:
27 (115 ILCS 5/5) (from Ch. 48, par. 1705)
28 Sec. 5. Illinois Educational Labor Relations Board.
29 (a) There is hereby created the Illinois Educational Labor
30 Relations Board consisting of 5 3 members, no more than 3 2
31 of whom may be of the same political party, who are residents
32 of Illinois appointed by the Governor with the advice and
-167- LRB9003157THpkam01
1 consent of the Senate. The Governor shall appoint to the
2 Board only persons who have had a minimum of 5 years of
3 experience directly related to labor and employment relations
4 in representing educational employers or educational
5 employees in collective bargaining matters. One appointed
6 member shall be designated at the time of his or her
7 appointment to serve as chairman. Of the 2 additional
8 members appointed pursuant to this amendatory Act of 1997,
9 one shall be designated at the time of his or her appointment
10 to serve a term of 6 years and the other shall be designated
11 at the time of his or her appointment to serve a term of 4
12 years, with each to serve until his or her successor is
13 appointed and qualified. In the event the Senate is not in
14 session at the time the 2 additional members are appointed
15 pursuant to this amendatory Act of 1997, the Governor shall
16 make those appointments as temporary appointments until the
17 next meeting of the Senate when he shall appoint, by and with
18 the advice and consent of the Senate, 2 persons to fill those
19 memberships for their unexpired terms. Initial appointments
20 shall be made within 30 days of the effective date of this
21 Act. At the organizational meeting of the original Board,
22 the members shall determine by lot one member to serve for a
23 term of 6 years, one member to serve for a term of 4 years,
24 and one member to serve for a term of 2 years, with each to
25 serve until his or her successor is appointed and qualified.
26 (b) Each subsequent member shall be appointed in like
27 manner for a term of 6 years and until his or her successor
28 is appointed and qualified. Each member of the Board is
29 eligible for reappointment. Vacancies shall be filled in the
30 same manner as original appointments for the balance of the
31 unexpired term.
32 (c) The chairman shall be paid $50,000 per year, or an
33 amount set by the Compensation Review Board, whichever is
34 greater. Other members of the Board shall each be paid
-168- LRB9003157THpkam01
1 $45,000 per year, or an amount set by the Compensation Review
2 Board, whichever is greater. They shall be entitled to
3 reimbursement for necessary traveling and other official
4 expenditures necessitated by their official duties.
5 (d) Three Two members of the Board constitute a quorum
6 and a vacancy on the board does not impair the right of the 2
7 remaining members to exercise all of the powers of the Board.
8 (e) Any member of the Board may be removed by the
9 Governor, upon notice, for neglect of duty or malfeasance in
10 office, but for no other cause.
11 (f) The Board may appoint or employ an executive
12 director, attorneys, hearing officers, and such other
13 employees as it deems necessary to perform its functions.
14 The Board shall prescribe the duties and qualifications of
15 such persons appointed and, subject to the annual
16 appropriation, fix their compensation and provide for
17 reimbursement of actual and necessary expenses incurred in
18 the performance of their duties.
19 (g) The Board may promulgate rules and regulations which
20 allow parties in proceedings before the Board to be
21 represented by counsel or any other person knowledgeable in
22 the matters under consideration.
23 (h) To accomplish the objectives and to carry out the
24 duties prescribed by this Act, the Board may subpoena
25 witnesses, subpoena the production of books, papers, records
26 and documents which may be needed as evidence on any matter
27 under inquiry and may administer oaths and affirmations.
28 In cases of neglect or refusal to obey a subpoena issued
29 to any person, the circuit court in the county in which the
30 investigation or the public hearing is taking place, upon
31 application by the Board, may issue an order requiring such
32 person to appear before the Board or any member or agent of
33 the Board to produce evidence or give testimony. A failure to
34 obey such order may be punished by the court as in civil
-169- LRB9003157THpkam01
1 contempt.
2 Any subpoena, notice of hearing, or other process or
3 notice of the Board issued under the provisions of this Act
4 may be served personally, by registered mail or by leaving a
5 copy at the principal office of the respondent required to be
6 served. A return, made and verified by the individual making
7 such service and setting forth the manner of such service, is
8 proof of service. A post office receipt, when registered mail
9 is used, is proof of service. All process of any court to
10 which application may be made under the provisions of this
11 Act may be served in the county where the persons required to
12 be served reside or may be found.
13 (i) The Board shall adopt, promulgate, amend, or rescind
14 rules and regulations in accordance with "The Illinois
15 Administrative Procedure Act", as now or hereafter amended,
16 as it deems necessary and feasible to carry out this Act.
17 (j) The Board at the end of every State fiscal year
18 shall make a report in writing to the Governor and the
19 General Assembly, stating in detail the work it has done in
20 hearing and deciding cases and otherwise.
21 (Source: P.A. 85-1393.)
22 (115 ILCS 5/13) (from Ch. 48, par. 1713)
23 Sec. 13. Strikes.
24 (a) Notwithstanding the existence of any other provision
25 in this Act or other law, educational employees employed in
26 school districts organized under Article 34 of the School
27 Code shall not engage in a strike at any time during the 18
28 month period that commences on the effective date of this
29 amendatory Act of 1995. An educational employee employed in
30 a school district organized under Article 34 of the School
31 Code who participates in a strike in violation of this
32 Section is subject to discipline by the employer. In
33 addition, no educational employer organized under Article 34
-170- LRB9003157THpkam01
1 of the School Code may pay or cause to be paid to an
2 educational employee who participates in a strike in
3 violation of this subsection any wages or other compensation
4 for any period during which an educational employee
5 participates in the strike, except for wages or compensation
6 earned before participation in the strike. Notwithstanding
7 the existence of any other provision in this Act or other
8 law, during the 18-month period that strikes are prohibited
9 under this subsection nothing in this subsection shall be
10 construed to require an educational employer to submit to a
11 binding dispute resolution process.
12 (b) Notwithstanding the existence of any other provision
13 in this Act or any other law, educational employees other
14 than those employed in a school district organized under
15 Article 34 of the School Code and, after the expiration of
16 the 18 month period that commences on the effective date of
17 this amendatory Act of 1995, educational employees in a
18 school district organized under Article 34 of the School Code
19 shall not engage in a strike except under the following
20 conditions:
21 (1) they are represented by an exclusive
22 bargaining representative;
23 (2) mediation has been used without success;
24 (3) at least 10 5 days have elapsed after a notice
25 of intent to strike has been given by the exclusive
26 bargaining representative to the educational employer,
27 the regional superintendent and the Illinois Educational
28 Labor Relations Board.
29 (4) the collective bargaining agreement between
30 the educational employer and educational employees, if
31 any, has expired; and
32 (5) the employer and the exclusive bargaining
33 representative have not mutually submitted the unresolved
34 issues to arbitration.
-171- LRB9003157THpkam01
1 If, however, in the opinion of an employer the strike is
2 or has become a clear and present danger to the health or
3 safety of the public, the employer may initiate in the
4 circuit court of the county in which such danger exists an
5 action for relief which may include, but is not limited to,
6 injunction. The court may grant appropriate relief upon the
7 finding that such clear and present danger exists. An unfair
8 practice or other evidence of lack of clean hands by the
9 educational employer is a defense to such action. Except as
10 provided for in this paragraph, the jurisdiction of the court
11 under this Section is limited by the Labor Dispute Act.
12 (Source: P.A. 89-15, eff. 5-30-95.)
13 ARTICLE 10
14 Section 10-5. The Cigarette Tax Act is amended by
15 changing Section 2 as follows:
16 (35 ILCS 130/2) (from Ch. 120, par. 453.2)
17 Sec. 2. (a) A tax is imposed upon any person engaged in
18 business as a retailer of cigarettes in this State at the
19 rate of 5 1/2 mills per cigarette sold, or otherwise disposed
20 of in the course of such business in this State. In addition
21 to any other tax imposed by this Act, a tax is imposed upon
22 any person engaged in business as a retailer of cigarettes in
23 this State at a rate of 1/2 mill per cigarette sold or
24 otherwise disposed of in the course of such business in this
25 State on and after January 1, 1947, and shall be paid into
26 the Metropolitan Fair and Exposition Authority Reconstruction
27 Fund. On and after December 1, 1985, in addition to any other
28 tax imposed by this Act, a tax is imposed upon any person
29 engaged in business as a retailer of cigarettes in this State
30 at a rate of 4 mills per cigarette sold or otherwise disposed
31 of in the course of such business in this State. Of the
-172- LRB9003157THpkam01
1 additional tax imposed by this amendatory Act of 1985,
2 $9,000,000 of the moneys received by the Department of
3 Revenue pursuant to this Act shall be paid each month into
4 the Common School Fund. On and after the effective date of
5 this amendatory Act of 1989, in addition to any other tax
6 imposed by this Act, a tax is imposed upon any person engaged
7 in business as a retailer of cigarettes at the rate of 5
8 mills per cigarette sold or otherwise disposed of in the
9 course of such business in this State. On and after the
10 effective date of this amendatory Act of 1993, in addition to
11 any other tax imposed by this Act, a tax is imposed upon any
12 person engaged in business as a retailer of cigarettes at the
13 rate of 7 mills per cigarette sold or otherwise disposed of
14 in the course of such business in this State. On and after
15 December 15, 1997, in addition to any other tax imposed by
16 this Act, a tax is imposed upon any person engaged in
17 business as a retailer of cigarettes at the rate of 7 mills
18 per cigarette sold or otherwise disposed of in the course of
19 such business of this State. All of the moneys received by
20 the Department of Revenue pursuant to this Act and the
21 Cigarette Use Tax Act from the additional taxes imposed by
22 this amendatory Act of 1997, shall be paid each month into
23 the Common School Fund. The payment of such taxes shall be
24 evidenced by a stamp affixed to each original package of
25 cigarettes, or an authorized substitute for such stamp
26 imprinted on each original package of such cigarettes
27 underneath the sealed transparent outside wrapper of such
28 original package, as hereinafter provided. However, such
29 taxes are not imposed upon any activity in such business in
30 interstate commerce or otherwise, which activity may not
31 under the Constitution and statutes of the United States be
32 made the subject of taxation by this State.
33 Beginning on the effective date of this amendatory Act of
34 1993, all of the moneys received by the Department of Revenue
-173- LRB9003157THpkam01
1 pursuant to this Act and the Cigarette Use Tax Act, other
2 than the moneys that are dedicated to the Metropolitan Fair
3 and Exposition Authority Reconstruction Fund and the Common
4 School Fund, shall be distributed each month as follows:
5 first, there shall be paid into the General Revenue Fund an
6 amount which, when added to the amount paid into the Common
7 School Fund for that month, equals $33,300,000 $25,000,000;
8 then, from the moneys remaining, if any amounts required to
9 be paid into the General Revenue Fund in previous months
10 remain unpaid, those amounts shall be paid into the General
11 Revenue Fund; then, from the moneys remaining, if any amounts
12 required to be paid into the Long-Term Care Provider Fund in
13 previous months remain unpaid, those amounts shall be paid
14 into the Long-Term Care Provider Fund; then, from the moneys
15 remaining, $9,545,000 shall be paid into the Long-Term Care
16 Provider Fund (except that not more than $105,000,000 shall
17 be paid into the Long-Term Care Provider Fund in State fiscal
18 year 1994 from moneys received pursuant to this Act); and
19 finally the remaining moneys, if any, shall be paid into the
20 Hospital Provider Fund. To the extent that more than
21 $25,000,000 has been paid into the General Revenue Fund and
22 Common School Fund per month for the period of July 1, 1993
23 through the effective date of this amendatory Act of 1994
24 from combined receipts of the Cigarette Tax Act and the
25 Cigarette Use Tax Act, notwithstanding the distribution
26 provided in this Section, the Department of Revenue is hereby
27 directed to adjust the distribution provided in this Section
28 to increase the next monthly payments to the Long Term Care
29 Provider Fund by the amount paid to the General Revenue Fund
30 and Common School Fund in excess of $25,000,000 per month and
31 to decrease the next monthly payments to the General Revenue
32 Fund and Common School Fund by that same excess amount.
33 When any tax imposed herein terminates or has terminated,
34 distributors who have bought stamps while such tax was in
-174- LRB9003157THpkam01
1 effect and who therefore paid such tax, but who can show, to
2 the Department's satisfaction, that they sold the cigarettes
3 to which they affixed such stamps after such tax had
4 terminated and did not recover the tax or its equivalent from
5 purchasers, shall be allowed by the Department to take credit
6 for such absorbed tax against subsequent tax stamp purchases
7 from the Department by such distributor.
8 The impact of the tax levied by this Act is imposed upon
9 the retailer and shall be prepaid or pre-collected by the
10 distributor for the purpose of convenience and facility only,
11 and the amount of the tax shall be added to the price of the
12 cigarettes sold by such distributor. Collection of the tax
13 shall be evidenced by a stamp or stamps affixed to each
14 original package of cigarettes, as hereinafter provided.
15 Each distributor shall collect the tax from the retailer
16 at or before the time of the sale, shall affix the stamps as
17 hereinafter required, and shall remit the tax collected from
18 retailers to the Department, as hereinafter provided. Any
19 distributor who fails to properly collect and pay the tax
20 imposed by this Act shall be liable for the tax. Any
21 distributor having cigarettes to which stamps have been
22 affixed in his possession for sale on the effective date of
23 this amendatory Act of 1989 shall not be required to pay the
24 additional tax imposed by this amendatory Act of 1989 on such
25 stamped cigarettes. Any distributor having cigarettes to
26 which stamps have been affixed in his or her possession for
27 sale at 12:01 a.m. on the effective date of this amendatory
28 Act of 1993, is required to pay the additional tax imposed by
29 this amendatory Act of 1993 on such stamped cigarettes. This
30 payment, less the discount provided in subsection (b), shall
31 be due when the distributor first makes a purchase of
32 cigarette tax stamps after the effective date of this
33 amendatory Act of 1993, or on the first due date of a return
34 under this Act after the effective date of this amendatory
-175- LRB9003157THpkam01
1 Act of 1993, whichever occurs first. Any distributor having
2 cigarettes to which stamps have been affixed in his
3 possession for sale on December 15, 1997 shall not be
4 required to pay the additional tax imposed by this amendatory
5 Act of 1997 on such stamped cigarettes.
6 The amount of the Cigarette Tax imposed by this Act shall
7 be separately stated, apart from the price of the goods, by
8 both distributors and retailers, in all advertisements, bills
9 and sales invoices.
10 (b) The distributor shall be required to collect the
11 taxes provided under paragraph (a) hereof, and, to cover the
12 costs of such collection, shall be allowed a discount during
13 any year commencing July 1st and ending the following June
14 30th in accordance with the schedule set out hereinbelow,
15 which discount shall be allowed at the time of purchase of
16 the stamps when purchase is required by this Act, or at the
17 time when the tax is remitted to the Department without the
18 purchase of stamps from the Department when that method of
19 paying the tax is required or authorized by this Act. Prior
20 to December 1, 1985, a discount equal to 1 2/3% of the amount
21 of the tax up to and including the first $700,000 paid
22 hereunder by such distributor to the Department during any
23 such year; 1 1/3% of the next $700,000 of tax or any part
24 thereof, paid hereunder by such distributor to the Department
25 during any such year; 1% of the next $700,000 of tax, or any
26 part thereof, paid hereunder by such distributor to the
27 Department during any such year, and 2/3 of 1% of the amount
28 of any additional tax paid hereunder by such distributor to
29 the Department during any such year shall apply. On and after
30 December 1, 1985, a discount equal to 1.75% of the amount of
31 the tax payable under this Act up to and including the first
32 $3,000,000 paid hereunder by such distributor to the
33 Department during any such year and 1.5% of the amount of any
34 additional tax paid hereunder by such distributor to the
-176- LRB9003157THpkam01
1 Department during any such year shall apply.
2 Two or more distributors that use a common means of
3 affixing revenue tax stamps or that are owned or controlled
4 by the same interests shall be treated as a single
5 distributor for the purpose of computing the discount.
6 (c) The taxes herein imposed are in addition to all
7 other occupation or privilege taxes imposed by the State of
8 Illinois, or by any political subdivision thereof, or by any
9 municipal corporation.
10 (Source: P.A. 88-88; 88-535.)
11 Section 10-10. The Cigarette Use Tax Act is amended by
12 changing Section 2 as follows:
13 (35 ILCS 135/2) (from Ch. 120, par. 453.32)
14 Sec. 2. A tax is imposed upon the privilege of using
15 cigarettes in this State, at the rate of 6 mills per
16 cigarette so used. On and after December 1, 1985, in addition
17 to any other tax imposed by this Act, a tax is imposed upon
18 the privilege of using cigarettes in this State at a rate of
19 4 mills per cigarette so used. On and after the effective
20 date of this amendatory Act of 1989, in addition to any other
21 tax imposed by this Act, a tax is imposed upon the privilege
22 of using cigarettes in this State at the rate of 5 mills per
23 cigarette so used. On and after the effective date of this
24 amendatory Act of 1993, in addition to any other tax imposed
25 by this Act, a tax is imposed upon the privilege of using
26 cigarettes in this State at a rate of 7 mills per cigarette
27 so used. On and after December 15, 1997, in addition to any
28 other tax imposed by this Act, a tax is imposed upon the
29 privilege of using cigarettes in this State at a rate of 7
30 mills per cigarette so used. The taxes herein imposed shall
31 be in addition to all other occupation or privilege taxes
32 imposed by the State of Illinois or by any political
-177- LRB9003157THpkam01
1 subdivision thereof or by any municipal corporation.
2 When any tax imposed herein terminates or has terminated,
3 distributors who have bought stamps while such tax was in
4 effect and who therefore paid such tax, but who can show, to
5 the Department's satisfaction, that they sold the cigarettes
6 to which they affixed such stamps after such tax had
7 terminated and did not recover the tax or its equivalent from
8 purchasers, shall be allowed by the Department to take credit
9 for such absorbed tax against subsequent tax stamp purchases
10 from the Department by such distributors.
11 When the word "tax" is used in this Act, it shall include
12 any tax or tax rate imposed by this Act and shall mean the
13 singular of "tax" or the plural "taxes" as the context may
14 require.
15 Any distributor having cigarettes to which stamps have
16 been affixed in his possession for sale on the effective date
17 of this amendatory Act of 1989 shall not be required to pay
18 the additional tax imposed by this amendatory Act of 1989 on
19 such stamped cigarettes. Any distributor having cigarettes to
20 which stamps have been affixed in his or her possession for
21 sale at 12:01 a.m. on the effective date of this amendatory
22 Act of 1993, is required to pay the additional tax imposed by
23 this amendatory Act of 1993 on such stamped cigarettes. This
24 payment shall be due when the distributor first makes a
25 purchase of cigarette tax stamps after the effective date of
26 this amendatory Act of 1993, or on the first due date of a
27 return under this Act after the effective date of this
28 amendatory Act of 1993, whichever occurs first. Once a
29 distributor tenders payment of the additional tax to the
30 Department, the distributor may purchase stamps from the
31 Department. Any distributor having cigarettes to which
32 stamps have been affixed in his possession for sale on
33 December 15, 1997 shall not be required to pay the additional
34 tax imposed by this amendatory Act of 1997 on such stamped
-178- LRB9003157THpkam01
1 cigarettes.
2 (Source: P.A. 88-88.)
3 Section 10-15. The Telecommunications Excise Tax Act is
4 amended by changing Sections 3, 4, and 6 as follows:
5 (35 ILCS 630/3) (from Ch. 120, par. 2003)
6 Sec. 3. Until December 31, 1997, a tax is imposed upon
7 the act or privilege of originating or receiving intrastate
8 telecommunications by a person in this State at the rate of
9 5% of the gross charge for such telecommunications purchased
10 at retail from a retailer by such person. Beginning January
11 1, 1998, a tax is imposed upon the act or privilege of
12 originating in this State or receiving in this State
13 intrastate telecommunications by a person in this State at
14 the rate of 7% of the gross charge for such
15 telecommunications purchased at retail from a retailer by
16 such person. However, such tax is not imposed on the act or
17 privilege to the extent such act or privilege may not, under
18 the Constitution and statutes of the United States, be made
19 the subject of taxation by the State.
20 (Source: P.A. 84-1295.)
21 (35 ILCS 630/4) (from Ch. 120, par. 2004)
22 Sec. 4. Until December 31, 1997, a tax is imposed upon
23 the act or privilege of originating in this State or
24 receiving in this State interstate telecommunications by a
25 person in this State at the rate of 5% of the gross charge
26 for such telecommunications purchased at retail from a
27 retailer by such person. Beginning January 1, 1998, a tax is
28 imposed upon the act or privilege of originating in this
29 State or receiving in this State interstate
30 telecommunications by a person in this State at the rate of
31 7% of the gross charge for such telecommunications purchased
-179- LRB9003157THpkam01
1 at retail from a retailer by such person. To prevent actual
2 multi-state taxation of the act or privilege that is subject
3 to taxation under this paragraph, any taxpayer, upon proof
4 that that taxpayer has paid a tax in another state on such
5 event, shall be allowed a credit against the tax imposed in
6 this Section 4 to the extent of the amount of such tax
7 properly due and paid in such other state. However, such tax
8 is not imposed on the act or privilege to the extent such act
9 or privilege may not, under the Constitution and statutes of
10 the United States, be made the subject of taxation by the
11 State.
12 (Source: P.A. 84-1295.)
13 (35 ILCS 630/6) (from Ch. 120, par. 2006)
14 Sec. 6. Except as provided hereinafter in this Section,
15 on or before the 15th day of each month each retailer
16 maintaining a place of business in this State shall make a
17 return to the Department for the preceding calendar month,
18 stating:
19 1. His name;
20 2. The address of his principal place of business,
21 and the address of the principal place of business (if
22 that is a different address) from which he engages in the
23 business of transmitting telecommunications;
24 3. Total amount of gross charges billed by him
25 during the preceding calendar month for providing
26 telecommunications during such calendar month;
27 4. Total amount received by him during the
28 preceding calendar month on credit extended;
29 5. Deductions allowed by law;
30 6. Gross charges which were billed by him during
31 the preceding calendar month and upon the basis of which
32 the tax is imposed;
33 7. Amount of tax (computed upon Item 6);
-180- LRB9003157THpkam01
1 8. Such other reasonable information as the
2 Department may require.
3 Any taxpayer required to make payments under this Section
4 may make the payments by electronic funds transfer. The
5 Department shall adopt rules necessary to effectuate a
6 program of electronic funds transfer.
7 If the retailer's average monthly tax billings due to the
8 Department do not exceed $100, the Department may authorize
9 his returns to be filed on a quarter annual basis, with the
10 return for January, February and March of a given year being
11 due by April 15 of such year; with the return for April, May
12 and June of a given year being due by July 15 of such year;
13 with the return for July, August and September of a given
14 year being due by October 15 of such year; and with the
15 return of October, November and December of a given year
16 being due by January 15 of the following year.
17 Notwithstanding any other provision of this Article
18 containing the time within which a retailer may file his
19 return, in the case of any retailer who ceases to engage in a
20 kind of business which makes him responsible for filing
21 returns under this Article, such retailer shall file a final
22 return under this Article with the Department not more than
23 one month after discontinuing such business.
24 In making such return, the retailer shall determine the
25 value of any consideration other than money received by him
26 and he shall include such value in his return. Such
27 determination shall be subject to review and revision by the
28 Department in the manner hereinafter provided for the
29 correction of returns.
30 Each retailer whose average monthly liability to the
31 Department under this Article was $10,000 or more during the
32 preceding calendar year, excluding the month of highest
33 liability and the month of lowest liability in such calendar
34 year, and who is not operated by a unit of local government,
-181- LRB9003157THpkam01
1 shall make estimated payments to the Department on or before
2 the 7th, 15th, 22nd and last day of the month during which
3 tax collection liability to the Department is incurred in an
4 amount not less than the lower of either 22.5% of the
5 retailer's actual tax collections for the month or 25% of the
6 retailer's actual tax collections for the same calendar month
7 of the preceding year. The amount of such quarter monthly
8 payments shall be credited against the final liability of the
9 retailer's return for that month. Any outstanding credit,
10 approved by the Department, arising from the retailer's
11 overpayment of its final liability for any month may be
12 applied to reduce the amount of any subsequent quarter
13 monthly payment or credited against the final liability of
14 the retailer's return for any subsequent month. If any
15 quarter monthly payment is not paid at the time or in the
16 amount required by this Section, the retailer shall be liable
17 for penalty and interest on the difference between the
18 minimum amount due as a payment and the amount of such
19 payment actually and timely paid, except insofar as the
20 retailer has previously made payments for that month to the
21 Department in excess of the minimum payments previously due.
22 If the Director finds that the information required for
23 the making of an accurate return cannot reasonably be
24 compiled by a retailer within 15 days after the close of the
25 calendar month for which a return is to be made, he may grant
26 an extension of time for the filing of such return for a
27 period of not to exceed 31 calendar days. The granting of
28 such an extension may be conditioned upon the deposit by the
29 retailer with the Department of an amount of money not
30 exceeding the amount estimated by the Director to be due with
31 the return so extended. All such deposits, including any
32 heretofore made with the Department, shall be credited
33 against the retailer's liabilities under this Article. If
34 any such deposit exceeds the retailer's present and probable
-182- LRB9003157THpkam01
1 future liabilities under this Article, the Department shall
2 issue to the retailer a credit memorandum, which may be
3 assigned by the retailer to a similar retailer under this
4 Article, in accordance with reasonable rules and regulations
5 to be prescribed by the Department.
6 The retailer making the return herein provided for shall,
7 at the time of making such return, pay to the Department the
8 amount of tax herein imposed. On and after the effective date
9 of this Article of 1985, $1,000,000 of the moneys received by
10 the Department of Revenue pursuant to this Article shall be
11 paid each month into the Common School Fund and the remainder
12 into the General Revenue Fund. On and after February 1, 1998,
13 however, of the moneys received by the Department of Revenue
14 pursuant to the additional taxes imposed by this amendatory
15 Act of 1997 one-half shall be deposited into the School
16 Infrastructure Fund and one-half shall be deposited into the
17 Common School Fund.
18 (Source: P.A. 90-16, eff. 6-16-97.)
19 Section 10-20. The Uniform Penalty and Interest Act is
20 amended by changing Section 3-3 as follows:
21 (35 ILCS 735/3-3) (from Ch. 120, par. 2603-3)
22 (Text of Section before amendment by P.A. 90-491)
23 Sec. 3-3. Penalty for failure to file or pay.
24 (a) This subsection (a) is applicable before January 1,
25 1996. A penalty of 5% of the tax required to be shown due on
26 a return shall be imposed for failure to file the tax return
27 on or before the due date prescribed for filing determined
28 with regard for any extension of time for filing (penalty for
29 late filing or nonfiling). If any unprocessable return is
30 corrected and filed within 21 days after notice by the
31 Department, the late filing or nonfiling penalty shall not
32 apply. If a penalty for late filing or nonfiling is imposed
-183- LRB9003157THpkam01
1 in addition to a penalty for late payment, the total penalty
2 due shall be the sum of the late filing penalty and the
3 applicable late payment penalty. Beginning on the effective
4 date of this amendatory Act of 1995, in the case of any type
5 of tax return required to be filed more frequently than
6 annually, when the failure to file the tax return on or
7 before the date prescribed for filing (including any
8 extensions) is shown to be nonfraudulent and has not occurred
9 in the 2 years immediately preceding the failure to file on
10 the prescribed due date, the penalty imposed by section
11 3-3(a) shall be abated.
12 (a-5) This subsection (a-5) is applicable on and after
13 January 1, 1996. A penalty equal to 2% of the tax required to
14 be shown due on a return, up to a maximum amount of $250,
15 determined without regard to any part of the tax that is paid
16 on time or by any credit that was properly allowable on the
17 date the return was required to be filed, shall be imposed
18 for failure to file the tax return on or before the due date
19 prescribed for filing determined with regard for any
20 extension of time for filing. However, if any return is not
21 filed within 30 days after notice of nonfiling mailed by the
22 Department to the last known address of the taxpayer
23 contained in Department records, an additional penalty amount
24 shall be imposed equal to the greater of $250 or 2% of the
25 tax shown on the return. However, the additional penalty
26 amount may not exceed $5,000 and is determined without regard
27 to any part of the tax that is paid on time or by any credit
28 that was properly allowable on the date the return was
29 required to be filed (penalty for late filing or nonfiling).
30 If any unprocessable return is corrected and filed within 30
31 days after notice by the Department, the late filing or
32 nonfiling penalty shall not apply. If a penalty for late
33 filing or nonfiling is imposed in addition to a penalty for
34 late payment, the total penalty due shall be the sum of the
-184- LRB9003157THpkam01
1 late filing penalty and the applicable late payment penalty.
2 In the case of any type of tax return required to be filed
3 more frequently than annually, when the failure to file the
4 tax return on or before the date prescribed for filing
5 (including any extensions) is shown to be nonfraudulent and
6 has not occurred in the 2 years immediately preceding the
7 failure to file on the prescribed due date, the penalty
8 imposed by section 3-3(a) shall be abated.
9 (b) This subsection is applicable before January 1,
10 1998. A penalty of 15% of the tax shown on the return or the
11 tax required to be shown due on the return shall be imposed
12 for failure to pay:
13 (1) the tax shown due on the return on or before
14 the due date prescribed for payment of that tax, an
15 amount of underpayment of estimated tax, or an amount
16 that is reported in an amended return other than an
17 amended return timely filed as required by subsection (b)
18 of Section 506 of the Illinois Income Tax Act (penalty
19 for late payment or nonpayment of admitted liability); or
20 (2) the full amount of any tax required to be shown
21 due on a return and which is not shown (penalty for late
22 payment or nonpayment of additional liability), within 30
23 days after a notice of arithmetic error, notice and
24 demand, or a final assessment is issued by the
25 Department. In the case of a final assessment arising
26 following a protest and hearing, the 30-day period shall
27 not begin until all proceedings in court for review of
28 the final assessment have terminated or the period for
29 obtaining a review has expired without proceedings for a
30 review having been instituted. In the case of a notice
31 of tax liability that becomes a final assessment without
32 a protest and hearing, the penalty provided in this
33 paragraph (2) shall be imposed at the expiration of the
34 period provided for the filing of a protest.
-185- LRB9003157THpkam01
1 (b-5) This subsection is applicable on and after January
2 1, 1998. A penalty of 20% of the tax shown on the return or
3 the tax required to be shown due on the return shall be
4 imposed for failure to pay:
5 (1) the tax shown due on the return on or before
6 the due date prescribed for payment of that tax, an
7 amount of underpayment of estimated tax, or an amount
8 that is reported in an amended return other than an
9 amended return timely filed as required by subsection (b)
10 of Section 506 of the Illinois Income Tax Act (penalty
11 for late payment or nonpayment of admitted liability); or
12 (2) the full amount of any tax required to be shown
13 due on a return and which is not shown (penalty for late
14 payment or nonpayment of additional liability), within 30
15 days after a notice of arithmetic error, notice and
16 demand, or a final assessment is issued by the
17 Department. In the case of a final assessment arising
18 following a protest and hearing, the 30-day period shall
19 not begin until all proceedings in court for review of
20 the final assessment have terminated or the period for
21 obtaining a review has expired without proceedings for a
22 review having been instituted. In the case of a notice
23 of tax liability that becomes a final assessment without
24 a protest and hearing, the penalty provided in this
25 paragraph (2) shall be imposed at the expiration of the
26 period provided for the filing of a protest.
27 (c) For purposes of the late payment penalties, the
28 basis of the penalty shall be the tax shown or required to be
29 shown on a return, whichever is applicable, reduced by any
30 part of the tax which is paid on time and by any credit which
31 was properly allowable on the date the return was required to
32 be filed.
33 (d) A penalty shall be applied to the tax required to be
34 shown even if that amount is less than the tax shown on the
-186- LRB9003157THpkam01
1 return.
2 (e) If both a subsection (b)(1) penalty and a subsection
3 (b)(2) penalty are assessed against the same return, the
4 subsection (b)(2) penalty shall be assessed against only the
5 additional tax found to be due.
6 (f) If the taxpayer has failed to file the return, the
7 Department shall determine the correct tax according to its
8 best judgment and information, which amount shall be prima
9 facie evidence of the correctness of the tax due.
10 (g) The time within which to file a return or pay an
11 amount of tax due without imposition of a penalty does not
12 extend the time within which to file a protest to a notice of
13 tax liability or a notice of deficiency.
14 (Source: P.A. 88-480; 89-379, eff. 8-18-95; 89-436, eff.
15 1-1-96.)
16 (Text of Section after amendment by P.A. 90-491)
17 Sec. 3-3. Penalty for failure to file or pay.
18 (a) This subsection (a) is applicable before January 1,
19 1996. A penalty of 5% of the tax required to be shown due on
20 a return shall be imposed for failure to file the tax return
21 on or before the due date prescribed for filing determined
22 with regard for any extension of time for filing (penalty for
23 late filing or nonfiling). If any unprocessable return is
24 corrected and filed within 21 days after notice by the
25 Department, the late filing or nonfiling penalty shall not
26 apply. If a penalty for late filing or nonfiling is imposed
27 in addition to a penalty for late payment, the total penalty
28 due shall be the sum of the late filing penalty and the
29 applicable late payment penalty. Beginning on the effective
30 date of this amendatory Act of 1995, in the case of any type
31 of tax return required to be filed more frequently than
32 annually, when the failure to file the tax return on or
33 before the date prescribed for filing (including any
34 extensions) is shown to be nonfraudulent and has not occurred
-187- LRB9003157THpkam01
1 in the 2 years immediately preceding the failure to file on
2 the prescribed due date, the penalty imposed by section
3 3-3(a) shall be abated.
4 (a-5) This subsection (a-5) is applicable on and after
5 January 1, 1996. A penalty equal to 2% of the tax required to
6 be shown due on a return, up to a maximum amount of $250,
7 determined without regard to any part of the tax that is paid
8 on time or by any credit that was properly allowable on the
9 date the return was required to be filed, shall be imposed
10 for failure to file the tax return on or before the due date
11 prescribed for filing determined with regard for any
12 extension of time for filing. However, if any return is not
13 filed within 30 days after notice of nonfiling mailed by the
14 Department to the last known address of the taxpayer
15 contained in Department records, an additional penalty amount
16 shall be imposed equal to the greater of $250 or 2% of the
17 tax shown on the return. However, the additional penalty
18 amount may not exceed $5,000 and is determined without regard
19 to any part of the tax that is paid on time or by any credit
20 that was properly allowable on the date the return was
21 required to be filed (penalty for late filing or nonfiling).
22 If any unprocessable return is corrected and filed within 30
23 days after notice by the Department, the late filing or
24 nonfiling penalty shall not apply. If a penalty for late
25 filing or nonfiling is imposed in addition to a penalty for
26 late payment, the total penalty due shall be the sum of the
27 late filing penalty and the applicable late payment penalty.
28 In the case of any type of tax return required to be filed
29 more frequently than annually, when the failure to file the
30 tax return on or before the date prescribed for filing
31 (including any extensions) is shown to be nonfraudulent and
32 has not occurred in the 2 years immediately preceding the
33 failure to file on the prescribed due date, the penalty
34 imposed by section 3-3(a) shall be abated.
-188- LRB9003157THpkam01
1 (b) This subsection is applicable before January 1,
2 1998. A penalty of 15% of the tax shown on the return or the
3 tax required to be shown due on the return shall be imposed
4 for failure to pay:
5 (1) the tax shown due on the return on or before
6 the due date prescribed for payment of that tax, an
7 amount of underpayment of estimated tax, or an amount
8 that is reported in an amended return other than an
9 amended return timely filed as required by subsection (b)
10 of Section 506 of the Illinois Income Tax Act (penalty
11 for late payment or nonpayment of admitted liability); or
12 (2) the full amount of any tax required to be shown
13 due on a return and which is not shown (penalty for late
14 payment or nonpayment of additional liability), within 30
15 days after a notice of arithmetic error, notice and
16 demand, or a final assessment is issued by the
17 Department. In the case of a final assessment arising
18 following a protest and hearing, the 30-day period shall
19 not begin until all proceedings in court for review of
20 the final assessment have terminated or the period for
21 obtaining a review has expired without proceedings for a
22 review having been instituted. In the case of a notice
23 of tax liability that becomes a final assessment without
24 a protest and hearing, the penalty provided in this
25 paragraph (2) shall be imposed at the expiration of the
26 period provided for the filing of a protest.
27 (b-5) This subsection is applicable on and after January
28 1, 1998. A penalty of 20% of the tax shown on the return or
29 the tax required to be shown due on the return shall be
30 imposed 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
-189- LRB9003157THpkam01
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 (c) For purposes of the late payment penalties, the
20 basis of the penalty shall be the tax shown or required to be
21 shown on a return, whichever is applicable, reduced by any
22 part of the tax which is paid on time and by any credit which
23 was properly allowable on the date the return was required to
24 be filed.
25 (d) A penalty shall be applied to the tax required to be
26 shown even if that amount is less than the tax shown on the
27 return.
28 (e) If both a subsection (b)(1) penalty and a subsection
29 (b)(2) penalty are assessed against the same return, the
30 subsection (b)(2) penalty shall be assessed against only the
31 additional tax found to be due.
32 (f) If the taxpayer has failed to file the return, the
33 Department shall determine the correct tax according to its
34 best judgment and information, which amount shall be prima
-190- LRB9003157THpkam01
1 facie evidence of the correctness of the tax due.
2 (g) The time within which to file a return or pay an
3 amount of tax due without imposition of a penalty does not
4 extend the time within which to file a protest to a notice of
5 tax liability or a notice of deficiency.
6 (h) No return shall be determined to be unprocessable
7 because of the omission of any information requested on the
8 return pursuant to Section 39b53 of the Civil Administrative
9 Code of Illinois.
10 (Source: P.A. 89-379, eff. 8-18-95; 89-436, eff. 1-1-96;
11 90-491, eff. 1-1-98.)
12 Section 10-25. The Riverboat Gambling Act is amended by
13 changing Section 13 as follows:
14 (230 ILCS 10/13) (from Ch. 120, par. 2413)
15 Sec. 13. Wagering tax; rate; distribution.
16 (a) Until January 1, 1998, a tax is imposed on the
17 adjusted gross receipts received from gambling games
18 authorized under this Act at the rate of 20%.
19 Beginning January 1, 1998, a privilege tax is imposed on
20 persons engaged in the business of conducting riverboat
21 gambling operations, based on the adjusted gross receipts
22 received by a licensed owner from gambling games authorized
23 under this Act at the following rates:
24 15% of annual adjusted gross receipts up to and
25 including $25,000,000;
26 20% of annual adjusted gross receipts in excess of
27 $25,000,000 but not exceeding $50,000,000;
28 25% of annual adjusted gross receipts in excess of
29 $50,000,000 but not exceeding $75,000,000;
30 30% of annual adjusted gross receipts in excess of
31 $75,000,000 but not exceeding $100,000,000;
32 35% of annual adjusted gross receipts in excess of
-191- LRB9003157THpkam01
1 $100,000,000.
2 The taxes imposed by this Section shall be paid by the
3 licensed owner to the Board not later than 3:00 o'clock p.m.
4 of the day after the close of the day when the wagers were
5 made.
6 (b) Until January 1, 1998, Twenty-five percent (25%) of
7 the tax revenue deposited in the State Gaming Fund under this
8 Section shall be paid, subject to appropriation by the
9 General Assembly, to the unit of local government which is
10 designated as the home dock of the riverboat. Beginning
11 January 1, 1998, from the tax revenue deposited in the State
12 Gaming Fund under this Section, an amount equal to 5% of
13 adjusted gross receipts generated by a riverboat shall be
14 paid monthly, subject to appropriation by the General
15 Assembly, to the unit of local government that is designated
16 as the home dock of the riverboat.
17 (c) Appropriations, as approved by the General Assembly,
18 may be made from the State Gaming Fund to the Department of
19 Revenue and the Department of State Police for the
20 administration and enforcement of this Act.
21 (d) From time to time, the Board shall transfer the
22 remainder of the funds generated by this Act into the
23 Education Assistance Fund, created by Public Act 86-0018, of
24 the State of Illinois.
25 (e) Nothing in this Act shall prohibit the unit of local
26 government designated as the home dock of the riverboat from
27 entering into agreements with other units of local government
28 in this State or in other states to share its portion of the
29 tax revenue.
30 (f) To the extent practicable, the Board shall
31 administer and collect the wagering taxes imposed by this
32 Section in a manner consistent with the provisions of
33 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
34 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and
-192- LRB9003157THpkam01
1 Section 3-7 of the Uniform Penalty and Interest Act.
2 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 7-1-95.)
3 ARTICLE 15
4 Section 15-5. Short title. This Article may be cited as
5 the General State Aid Continuing Appropriation Law.
6 Section 15-10. Annual budget; recommendation. The
7 Governor shall include a Common School Fund recommendation to
8 the State Board of Education in the fiscal year 1999 through
9 2001 annual Budgets sufficient to fund the General State Aid
10 Formula set forth in Subsection E (Computation of General
11 State Aid) and Subsection H (Supplemental General State Aid)
12 of Section 18-8.05 of the School Code.
13 Section 15-15. General State Aid Formula; Funding. The
14 General Assembly shall annually make Common School Fund
15 appropriations to the State Board of Education in fiscal
16 years 1999 through 2001 sufficient to the fund the General
17 State Aid Formula set forth in Subsection E (Computation of
18 General State Aid) and Subsection H (Supplemental General
19 State Aid) of Section 18-8.05 of the School Code.
20 Section 15-20. Continuing appropriation. If the General
21 Assembly fails to make Common School Fund appropriations to
22 the State Board of Education in fiscal years 1999 through
23 2001 sufficient to fund the General State Aid Formula set
24 forth in Subsection E (Computation of General State Aid) and
25 Subsection H (Supplemental General State Aid) of Section
26 18-8.05 of the School Code, this Article shall constitute an
27 irrevocable and continuing appropriation from the Common
28 School Fund of all amounts necessary for that purpose.
-193- LRB9003157THpkam01
1 Section 15-25. Repeal. This Article is repealed June
2 30, 2001.
3 ARTICLE 925
4 Section 925-5. No acceleration or delay. Where this Act
5 makes changes in a statute that is represented in this Act by
6 text that is not yet or no longer in effect (for example, a
7 Section represented by multiple versions), the use of that
8 text does not accelerate or delay the taking effect of (i)
9 the changes made by this Act or (ii) provisions derived from
10 any other Public Act.
11 ARTICLE 950
12 Section 950-5. Severability and inseverability.
13 (a) If any provision of this Act, other than Article 10,
14 or the application of any provision of this Act, other than a
15 provision of Article 10, to any person or circumstance is
16 held invalid, the invalidity of that provision or application
17 does not affect other provisions or applications of this Act
18 that can be given effect without the invalid provision or
19 application.
20 (b) Each provision of Article 10 is mutually dependent
21 upon and inseverable from each other provision of that
22 Article. If any provision of Article 10 or its application
23 to any person or circumstance is held invalid, then all of
24 Article 10 is invalid.
25 (c) If Article 10 or any provision of that Article or
26 the application of that Article or provision of that Article
27 to any other person or circumstance is held invalid, the
28 invalidity of that Article or provision does not affect any
29 other Article of this Act or any provision of any such other
30 Article that can be given effect without the invalid
-194- LRB9003157THpkam01
1 provision or application.
2 ARTICLE 990
3 Section 990-5. Effective date. This Act takes effect
4 upon becoming law, except that (i) all provisions of Article
5 5, other than the changes made by Section 5-910 to the
6 Illinois Pension Code and other than the changes to Sections
7 18-7 and 18-8 of and the addition of Section 18-8.05 to the
8 School Code, take effect January 1, 1998, (ii) the changes
9 made by Section 5-910 to the Illinois Pension Code and the
10 changes to Sections 18-7 and 18-8 of the School Code take
11 effect upon becoming a law, and (iii) the addition of Section
12 18-8.05 to the School Code takes effect July 1, 1998.".