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91_SB0530
LRB9103727NTsb
1 AN ACT to amend the School Code by changing Sections
2 10-19, 10-19.1, 18-8, and 34-18.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 10-19, 10-19.1, 18-8, and 34-18 as follows:
7 (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
8 Sec. 10-19. Length of school term - experimental
9 programs. Each school board shall annually prepare a calendar
10 for the school term, specifying the opening and closing dates
11 and providing a minimum term of at least 185 days to insure
12 176 days of actual pupil attendance, computable under Section
13 18-8.05; provided, however 18-8, except that for school years
14 subsequent to the 1999-2000 school year each school board
15 shall annually prepare a calendar for the school term,
16 specifying the opening and closing dates and providing a
17 minimum term to insure a minimum number of days of actual
18 pupil attendance, computable under Section 18-8.05, in
19 accordance with the following schedule:
20 Minimum Number of
21 Days of Actual
22 School Year Minimum Term Pupil Attendance
23 2000-2001 187 days 178 days
24 2001-2002 190 days 181 days
25 2002-2003 193 days 184 days
26 2003-2004 196 days 187 days
27 2004-2005 199 days 190 days
28 2005-2006 202 days 193 days
29 2006-2007 205 days 196 days
30 2007-2008 207 days 198 days
31 2008-2009 and
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1 each subsequent
2 school year 209 days 200 days
3 Notwithstanding any other provisions of this Section, no
4 school board shall be required to provide in any school year
5 a minimum term for a minimum number of days of actual pupil
6 attendance that exceeds the minimum term for the minimum
7 number of days of actual pupil attendance required for the
8 1999-2000 school year, unless the General Assembly, by a
9 separate appropriation made for purposes of this Section,
10 shall appropriate an amount sufficient to reimburse on a
11 current basis each school district for the additional costs
12 each such district will incur for that school year in
13 providing a minimum term for a minimum number of days of
14 actual pupil attendance that exceeds the minimum term for the
15 minimum number of days of actual pupil attendance required
16 for the 1999-2000 school year. The State Board of Education
17 shall certify to each school district prior to the start of
18 the 2000-2001 and each subsequent school year whether the
19 General Assembly has made the appropriation required by this
20 Section to be made in order for school districts to be
21 required to implement an increased minimum term for that
22 school year in accordance with the minimum term schedule
23 prescribed by this amendatory Act of the 91st General
24 Assembly. the 1980-1981 school year only 175 days of actual
25 pupil attendance shall be required because of the closing of
26 schools pursuant to Section 24-2 on January 29, 1981 upon the
27 appointment by the President of that day as a day of
28 thanksgiving for the freedom of the Americans who had been
29 held hostage in Iran.
30 Any days allowed by law for teachers' institute but not
31 used as such or used as parental institutes as provided in
32 Section 10-22.18d shall increase the minimum term by the
33 school days not so used. Except as provided in Section
34 10-19.1, the board may not extend the school term beyond such
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1 closing date unless that extension of term is necessary to
2 provide the minimum number of computable days. In case of
3 such necessary extension school employees shall be paid for
4 such additional time on the basis of their regular contracts.
5 A school board may specify a closing date earlier than that
6 set on the annual calendar when the schools of the district
7 have provided the minimum number of computable days under
8 this Section. Nothing in this Section prevents the board from
9 employing superintendents of schools, principals and other
10 nonteaching personnel for a period of 12 months, or in the
11 case of superintendents for a period in accordance with
12 Section 10-23.8, or prevents the board from employing other
13 personnel before or after the regular school term with
14 payment of salary proportionate to that received for
15 comparable work during the school term.
16 A school board may make such changes in its calendar for
17 the school term as may be required by any changes in the
18 legal school holidays prescribed in Section 24-2. A school
19 board may make changes in its calendar for the school term as
20 may be necessary to reflect the utilization of teachers'
21 institute days as parental institute days as provided in
22 Section 10-22.18d.
23 With the prior approval of the State Board of Education
24 and subject to review by the State Board of Education every 3
25 years, any school board may, by resolution of its board and
26 in agreement with affected exclusive collective bargaining
27 agents, establish experimental educational programs,
28 including but not limited to programs for self-directed
29 learning or outside of formal class periods, which programs
30 when so approved shall be considered to comply with the
31 requirements of this Section as respects numbers of days of
32 actual pupil attendance and with the other requirements of
33 this Act as respects courses of instruction.
34 (Source: P.A. 86-1250; 87-183.)
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1 (105 ILCS 5/10-19.1) (from Ch. 122, par. 10-19.1)
2 Sec. 10-19.1. Full year school plan. Any school district
3 may, by resolution of its board, operate one or more schools
4 within the district on a full year school plan approved by
5 the State Board of Education. Any board which operates under
6 this Section shall devise a plan so that a student's required
7 attendance in school during a 12 month period shall be for
8 not less than the a minimum number of days term of 180 days
9 of actual pupil attendance required by Section 10-19 for the
10 school year during which that 12 month period commences, plus
11 including not more than 4 institute days; provided, however,
12 that during that a 12 month period a student's required
13 attendance in school, but shall not exceed, nor shall any
14 teacher be required to teach more than, the number of days
15 that is equal to the minimum term required to be provided by
16 Section 10-19 for the school year during which that 12 month
17 period commences 185 days. Under such plan, no teacher shall
18 be required to teach more than 185 days. A calendar of 180
19 days may be established with the approval of the State Board
20 of Education.
21 (Source: P.A. 81-1508.)
22 (105 ILCS 5/18-8.05)
23 Sec. 18-8.05. Basis for apportionment of general State
24 financial aid and supplemental general State aid to the
25 common schools for the 1998-1999 and subsequent school years.
26 (A) General Provisions.
27 (1) The provisions of this Section apply to the
28 1998-1999 and subsequent school years. The system of general
29 State financial aid provided for in this Section is designed
30 to assure that, through a combination of State financial aid
31 and required local resources, the financial support provided
32 each pupil in Average Daily Attendance equals or exceeds a
33 prescribed per pupil Foundation Level. This formula approach
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1 imputes a level of per pupil Available Local Resources and
2 provides for the basis to calculate a per pupil level of
3 general State financial aid that, when added to Available
4 Local Resources, equals or exceeds the Foundation Level. The
5 amount of per pupil general State financial aid for school
6 districts, in general, varies in inverse relation to
7 Available Local Resources. Per pupil amounts are based upon
8 each school district's Average Daily Attendance as that term
9 is defined in this Section.
10 (2) In addition to general State financial aid, school
11 districts with specified levels or concentrations of pupils
12 from low income households are eligible to receive
13 supplemental general State financial aid grants as provided
14 pursuant to subsection (H). The supplemental State aid grants
15 provided for school districts under subsection (H) shall be
16 appropriated for distribution to school districts as part of
17 the same line item in which the general State financial aid
18 of school districts is appropriated under this Section.
19 (3) To receive financial assistance under this Section,
20 school districts are required to file claims with the State
21 Board of Education, subject to the following requirements:
22 (a) Any school district which fails for any given
23 school year to maintain school as required by law, or to
24 maintain a recognized school is not eligible to file for
25 such school year any claim upon the Common School Fund.
26 In case of nonrecognition of one or more attendance
27 centers in a school district otherwise operating
28 recognized schools, the claim of the district shall be
29 reduced in the proportion which the Average Daily
30 Attendance in the attendance center or centers bear to
31 the Average Daily Attendance in the school district. A
32 "recognized school" means any public school which meets
33 the standards as established for recognition by the State
34 Board of Education. A school district or attendance
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1 center not having recognition status at the end of a
2 school term is entitled to receive State aid payments due
3 upon a legal claim which was filed while it was
4 recognized.
5 (b) School district claims filed under this Section
6 are subject to Sections 18-9, 18-10, and 18-12, except as
7 otherwise provided in this Section.
8 (c) If a school district operates a full year
9 school under Section 10-19.1, the general State aid to
10 the school district shall be determined by the State
11 Board of Education in accordance with this Section as
12 near as may be applicable.
13 (d) (Blank).
14 (4) Except as provided in subsections (H) and (L), the
15 board of any district receiving any of the grants provided
16 for in this Section may apply those funds to any fund so
17 received for which that board is authorized to make
18 expenditures by law.
19 School districts are not required to exert a minimum
20 Operating Tax Rate in order to qualify for assistance under
21 this Section.
22 (5) As used in this Section the following terms, when
23 capitalized, shall have the meaning ascribed herein:
24 (a) "Average Daily Attendance": A count of pupil
25 attendance in school, averaged as provided for in
26 subsection (C) and utilized in deriving per pupil
27 financial support levels.
28 (b) "Available Local Resources": A computation of
29 local financial support, calculated on the basis of
30 Average Daily Attendance and derived as provided pursuant
31 to subsection (D).
32 (c) "Corporate Personal Property Replacement
33 Taxes": Funds paid to local school districts pursuant to
34 "An Act in relation to the abolition of ad valorem
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1 personal property tax and the replacement of revenues
2 lost thereby, and amending and repealing certain Acts and
3 parts of Acts in connection therewith", certified August
4 14, 1979, as amended (Public Act 81-1st S.S.-1).
5 (d) "Foundation Level": A prescribed level of per
6 pupil financial support as provided for in subsection
7 (B).
8 (e) "Operating Tax Rate": All school district
9 property taxes extended for all purposes, except Bond and
10 Interest, Summer School, Rent, Capital Improvement, and
11 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
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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
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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
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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 July and August
28 shall be added to the month of September and any days of
29 attendance in 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
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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
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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 of
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.
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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 one 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.
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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%
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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 (b) (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.
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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
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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
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1 programs, remedial assistance, attendance improvement,
2 and 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
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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
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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
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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 (3.5) Claims for financial assistance under this
34 subsection (I) shall not be recomputed except as expressly
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1 provided under this Section.
2 (4) Any supplementary payment made under this subsection
3 (I) shall be treated as separate from all other payments made
4 pursuant to this Section.
5 (J) Supplementary Grants in Aid.
6 (1) Notwithstanding any other provisions of this
7 Section, the amount of the aggregate general State aid in
8 combination with supplemental general State aid under this
9 Section for which each school district is eligible shall be
10 no less than the amount of the aggregate general State aid
11 entitlement that was received by the district under Section
12 18-8 (exclusive of amounts received under subsections 5(p)
13 and 5(p-5) of that Section) for the 1997-98 school year,
14 pursuant to the provisions of that Section as it was then in
15 effect. If a school district qualifies to receive a
16 supplementary payment made under this subsection (J), the
17 amount of the aggregate general State aid in combination with
18 supplemental general State aid under this Section which that
19 district is eligible to receive for each school year shall be
20 no less than the amount of the aggregate general State aid
21 entitlement that was received by the district under Section
22 18-8 (exclusive of amounts received under subsections 5(p)
23 and 5(p-5) of that Section) for the 1997-1998 school year,
24 pursuant to the provisions of that Section as it was then in
25 effect.
26 (2) If, as provided in paragraph (1) of this subsection
27 (J), a school district is to receive aggregate general State
28 aid in combination with supplemental general State aid under
29 this Section for the 1998-99 school year and any subsequent
30 school year that in any such school year is less than the
31 amount of the aggregate general State aid entitlement that
32 the district received for the 1997-98 school year, the school
33 district shall also receive, from a separate appropriation
34 made for purposes of this subsection (J), a supplementary
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1 payment that is equal to the amount of the difference in the
2 aggregate State aid figures as described in paragraph (1).
3 (3) (Blank).
4 (K) Grants to Laboratory and Alternative Schools.
5 In calculating the amount to be paid to the governing
6 board of a public university that operates a laboratory
7 school under this Section or to any alternative school that
8 is operated by a regional superintendent of schools, the
9 State Board of Education shall require by rule such reporting
10 requirements as it deems necessary.
11 As used in this Section, "laboratory school" means a
12 public school which is created and operated by a public
13 university and approved by the State Board of Education. The
14 governing board of a public university which receives funds
15 from the State Board under this subsection (K) may not
16 increase the number of students enrolled in its laboratory
17 school from a single district, if that district is already
18 sending 50 or more students, except under a mutual agreement
19 between the school board of a student's district of residence
20 and the university which operates the laboratory school. A
21 laboratory school may not have more than 1,000 students,
22 excluding students with disabilities in a special education
23 program.
24 As used in this Section, "alternative school" means a
25 public school which is created and operated by a Regional
26 Superintendent of Schools and approved by the State Board of
27 Education. Such alternative schools may offer courses of
28 instruction for which credit is given in regular school
29 programs, courses to prepare students for the high school
30 equivalency testing program or vocational and occupational
31 training. A regional superintendent of schools may contract
32 with a school district or a public community college district
33 to operate an alternative school. An alternative school
34 serving more than one educational service region may be
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1 established by the regional superintendents of schools of
2 those the affected educational service regions. An
3 alternative school serving more than one educational service
4 region may be operated under such terms as the regional
5 superintendents of schools of those educational service
6 regions may agree.
7 Each laboratory and alternative school shall file, on
8 forms provided by the State Superintendent of Education, an
9 annual State aid claim which states the Average Daily
10 Attendance of the school's students by month. The best 3
11 months' Average Daily Attendance shall be computed for each
12 school. The general State aid entitlement shall be computed
13 by multiplying the applicable Average Daily Attendance by the
14 Foundation Level as determined under this Section.
15 (L) Payments, Additional Grants in Aid and Other
16 Requirements.
17 (1) For a school district operating under the financial
18 supervision of an Authority created under Article 34A, the
19 general State aid otherwise payable to that district under
20 this Section, but not the supplemental general State aid,
21 shall be reduced by an amount equal to the budget for the
22 operations of the Authority as certified by the Authority to
23 the State Board of Education, and an amount equal to such
24 reduction shall be paid to the Authority created for such
25 district for its operating expenses in the manner provided in
26 Section 18-11. The remainder of general State school aid for
27 any such district shall be paid in accordance with Article
28 34A when that Article provides for a disposition other than
29 that provided by this Article.
30 (2) Impaction. Impaction payments shall be made as
31 provided for in Section 18-4.2.
32 (3) Summer school. Summer school payments shall be made
33 as provided in Section 18-4.3.
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1 (M) Education Funding Advisory Board.
2 The Education Funding Advisory Board, hereinafter in this
3 subsection (M) referred to as the "Board", is hereby created.
4 The Board shall consist of 5 members who are appointed by the
5 Governor, by and with the advice and consent of the Senate.
6 The members appointed shall include representatives of
7 education, business, and the general public. One of the
8 members so appointed shall be designated by the Governor at
9 the time the appointment is made as the chairperson of the
10 Board. The initial members of the Board may be appointed any
11 time after the effective date of this amendatory Act of 1997.
12 The regular term of each member of the Board shall be for 4
13 years from the third Monday of January of the year in which
14 the term of the member's appointment is to commence, except
15 that of the 5 initial members appointed to serve on the
16 Board, the member who is appointed as the chairperson shall
17 serve for a term that commences on the date of his or her
18 appointment and expires on the third Monday of January, 2002,
19 and the remaining 4 members, by lots drawn at the first
20 meeting of the Board that is held after all 5 members are
21 appointed, shall determine 2 of their number to serve for
22 terms that commence on the date of their respective
23 appointments and expire on the third Monday of January, 2001,
24 and 2 of their number to serve for terms that commence on the
25 date of their respective appointments and expire on the third
26 Monday of January, 2000. All members appointed to serve on
27 the Board shall serve until their respective successors are
28 appointed and confirmed. Vacancies shall be filled in the
29 same manner as original appointments. If a vacancy in
30 membership occurs at a time when the Senate is not in
31 session, the Governor shall make a temporary appointment
32 until the next meeting of the Senate, when he or she shall
33 appoint, by and with the advice and consent of the Senate, a
34 person to fill that membership for the unexpired term. If
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1 the Senate is not in session when the initial appointments
2 are made, those appointments shall be made as in the case of
3 vacancies.
4 The Education Funding Advisory Board shall be deemed
5 established, and the initial members appointed by the
6 Governor to serve as members of the Board shall take office,
7 on the date that the Governor makes his or her appointment of
8 the fifth initial member of the Board, whether those initial
9 members are then serving pursuant to appointment and
10 confirmation or pursuant to temporary appointments that are
11 made by the Governor as in the case of vacancies.
12 The State Board of Education shall provide such staff
13 assistance to the Education Funding Advisory Board as is
14 reasonably required for the proper performance by the Board
15 of its responsibilities.
16 For school years after the 2000-2001 school year, the
17 Education Funding Advisory Board, in consultation with the
18 State Board of Education, shall make recommendations as
19 provided in this subsection (M) to the General Assembly for
20 the foundation level under subdivision (B)(3) of this Section
21 and for the supplemental general State aid grant level under
22 subsection (H) of this Section for districts with high
23 concentrations of children from poverty. The recommended
24 foundation level shall be determined based on a methodology
25 which incorporates the basic education expenditures of
26 low-spending schools exhibiting high academic performance.
27 The Education Funding Advisory Board shall make such
28 recommendations to the General Assembly on January 1 of odd
29 numbered years, beginning January 1, 2001.
30 (N) General State Aid Adjustment Grant.
31 (1) Any school district subject to property tax
32 extension limitations as imposed under the provisions of the
33 Property Tax Extension Limitation Law shall be entitled to
34 receive, subject to the qualifications and requirements of
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1 this subsection, a general State aid adjustment grant.
2 Eligibility for this grant shall be determined on an annual
3 basis and claims for grant payments shall be paid subject to
4 appropriations made specific to this subsection. For
5 purposes of this subsection the following terms shall have
6 the following meanings:
7 "Budget Year": The school year for which general State
8 aid is calculated and awarded under subsection (E).
9 "Current Year": The school year immediately preceding
10 the Budget Year.
11 "Base Tax Year": The property tax levy year used to
12 calculate the Budget Year allocation of general State aid.
13 "Preceding Tax Year": The property tax levy year
14 immediately preceding the Base Tax Year.
15 "Extension Limitation Ratio": A numerical ratio,
16 certified by a school district's County Clerk, in which the
17 numerator is the Base Tax Year's tax extension amount
18 resulting from the Limiting Rate and the denominator is the
19 Preceding Tax Year's tax extension amount resulting from the
20 Limiting Rate.
21 "Limiting Rate": The limiting rate as defined in the
22 Property Tax Extension Limitation Law.
23 "Preliminary Tax Rate": The tax rate for all purposes
24 except bond and interest that would have been used to extend
25 those taxes absent the provisions of the Property Tax
26 Extension Limitation Law.
27 (2) To qualify for a general State aid adjustment grant,
28 a school district must meet all of the following eligibility
29 criteria for each Budget Year for which a grant is claimed:
30 (a) (Blank).
31 (b) The Preliminary Tax Rate of the school district
32 for the Base Tax Year was reduced by the Clerk of the
33 County as a result of the requirements of the Property
34 Tax Extension Limitation Law.
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1 (c) The Available Local Resources per pupil of the
2 school district as calculated pursuant to subsection (D)
3 using the Base Tax Year are less than the product of 1.75
4 times the Foundation Level for the Budget Year.
5 (d) The school district has filed a proper and
6 timely claim for a general State aid adjustment grant as
7 required under this subsection.
8 (3) A claim for grant assistance under this subsection
9 shall be filed with the State Board of Education on or before
10 April 1 of the Current Year for a grant for the Budget Year.
11 The claim shall be made on forms prescribed by the State
12 Board of Education and must be accompanied by a written
13 statement from the Clerk of the County, certifying:
14 (a) That the school district had its Preliminary
15 Tax Rate for the Base Tax Year reduced as a result of the
16 Property Tax Extension Limitation Law.
17 (b) (Blank).
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 the equalized assessed
33 valuation that was used to calculate the general State
34 aid for the preceding fiscal year multiplied by the
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1 Extension Limitation Ratio.
2 (c) Subtract the sum derived in subparagraph (a)
3 from the sum derived in subparagraph (b). If the result
4 is a positive number, that amount shall be the general
5 State aid adjustment grant that the district is eligible
6 to receive.
7 (5) The State Board of Education shall in the Current
8 Year, based upon claims filed in the Current Year, recommend
9 to the General Assembly an appropriation amount for the
10 general State aid adjustment grants to be made in the Budget
11 Year.
12 (6) Claims for general State aid adjustment grants shall
13 be paid in a lump sum on or before January 1 of the Budget
14 Year only from appropriations made by the General Assembly
15 expressly for claims under this subsection. No such claims
16 may be paid from amounts appropriated for any other purpose
17 provided for under this Section. In the event that the
18 appropriation for claims under this subsection is
19 insufficient to meet all Budget Year claims for a general
20 State aid adjustment grant, the appropriation available shall
21 be proportionately prorated by the State Board of Education
22 amongst all districts filing for and entitled to payments.
23 (7) The State Board of Education shall promulgate the
24 required claim forms and rules necessary to implement the
25 provisions of this subsection.
26 (O) References.
27 (1) References in other laws to the various subdivisions
28 of Section 18-8 as that Section existed before its repeal and
29 replacement by this Section 18-8.05 shall be deemed to refer
30 to the corresponding provisions of this Section 18-8.05, to
31 the extent that those references remain applicable.
32 (2) References in other laws to State Chapter 1 funds
33 shall be deemed to refer to the supplemental general State
34 aid provided under subsection (H) of this Section.
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1 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
2 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
3 7-30-98; 90-802, eff. 12-15-98; revised 12-24-98.)
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, but for not less than the
13 minimum term required by Section 10-19 in order to insure
14 the minimum number of days of actual pupil attendance as
15 required by Section 10-19 9 months, of schools of all
16 grades and kinds, including normal schools, high schools,
17 night schools, schools for defectives and delinquents,
18 parental and truant schools, schools for the blind, the
19 deaf and the crippled, schools or classes in manual
20 training, constructural and vocational teaching, domestic
21 arts and physical culture, vocation and extension schools
22 and lecture courses, and all other educational courses
23 and facilities, including establishing, equipping,
24 maintaining and operating playgrounds and recreational
25 programs, when such programs are conducted in, adjacent
26 to, or connected with any public school under the general
27 supervision and jurisdiction of the board; provided,
28 however, that in allocating funds from year to year for
29 the operation of all attendance centers within the
30 district, the board shall ensure that supplemental
31 general State aid funds are allocated and applied in
32 accordance with Section 18-8 or 18-8.05. To admit to such
33 schools without charge foreign exchange students who are
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1 participants in an organized exchange student program
2 which is authorized by the board. The board shall permit
3 all students to enroll in apprenticeship programs in
4 trade schools operated by the board, whether those
5 programs are union-sponsored or not. No student shall
6 be refused admission into or be excluded from any course
7 of instruction offered in the common schools by reason of
8 that student's sex. No student shall be denied equal
9 access to physical education and interscholastic athletic
10 programs supported from school district funds or denied
11 participation in comparable physical education and
12 athletic programs solely by reason of the student's sex.
13 Equal access to programs supported from school district
14 funds and comparable programs will be defined in rules
15 promulgated by the State Board of Education in
16 consultation with the Illinois High School Association.
17 Notwithstanding any other provision of this Article,
18 neither the board of education nor any local school
19 council or other school official shall recommend that
20 children with disabilities be placed into regular
21 education classrooms unless those children with
22 disabilities are provided with supplementary services to
23 assist them so that they benefit from the regular
24 classroom instruction and are included on the teacher's
25 regular education class register;
26 2. To furnish lunches to pupils, to make a
27 reasonable charge therefor, and to use school funds for
28 the payment of such expenses as the board may determine
29 are necessary in conducting the school lunch program;
30 3. To co-operate with the circuit court;
31 4. To make arrangements with the public or
32 quasi-public libraries and museums for the use of their
33 facilities by teachers and pupils of the public schools;
34 5. To employ dentists and prescribe their duties
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1 for the purpose of treating the pupils in the schools,
2 but accepting such treatment shall be optional with
3 parents or guardians;
4 6. To grant the use of assembly halls and
5 classrooms when not otherwise needed, including light,
6 heat, and attendants, for free public lectures, concerts,
7 and other educational and social interests, free of
8 charge, under such provisions and control as the
9 principal of the affected attendance center may
10 prescribe;
11 7. To apportion the pupils to the several schools;
12 provided that no pupil shall be excluded from or
13 segregated in any such school on account of his color,
14 race, sex, or nationality. The board shall take into
15 consideration the prevention of segregation and the
16 elimination of separation of children in public schools
17 because of color, race, sex, or nationality. Except that
18 children may be committed to or attend parental and
19 social adjustment schools established and maintained
20 either for boys or girls only. All records pertaining to
21 the creation, alteration or revision of attendance areas
22 shall be open to the public. Nothing herein shall limit
23 the board's authority to establish multi-area attendance
24 centers or other student assignment systems for
25 desegregation purposes or otherwise, and to apportion the
26 pupils to the several schools. Furthermore, beginning in
27 school year 1994-95, pursuant to a board plan adopted by
28 October 1, 1993, the board shall offer, commencing on a
29 phased-in basis, the opportunity for families within the
30 school district to apply for enrollment of their children
31 in any attendance center within the school district which
32 does not have selective admission requirements approved
33 by the board. The appropriate geographical area in which
34 such open enrollment may be exercised shall be determined
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1 by the board of education. Such children may be admitted
2 to any such attendance center on a space available basis
3 after all children residing within such attendance
4 center's area have been accommodated. If the number of
5 applicants from outside the attendance area exceed the
6 space available, then successful applicants shall be
7 selected by lottery. The board of education's open
8 enrollment plan must include provisions that allow low
9 income students to have access to transportation needed
10 to exercise school choice. Open enrollment shall be in
11 compliance with the provisions of the Consent Decree and
12 Desegregation Plan cited in Section 34-1.01;
13 8. To approve programs and policies for providing
14 transportation services to students. Nothing herein shall
15 be construed to permit or empower the State Board of
16 Education to order, mandate, or require busing or other
17 transportation of pupils for the purpose of achieving
18 racial balance in any school;
19 9. Subject to the limitations in this Article, to
20 establish and approve system-wide curriculum objectives
21 and standards, including graduation standards, which
22 reflect the multi-cultural diversity in the city and are
23 consistent with State law, provided that for all purposes
24 of this Article courses or proficiency in American Sign
25 Language shall be deemed to constitute courses or
26 proficiency in a foreign language; and to employ
27 principals and teachers, appointed as provided in this
28 Article, and fix their compensation. The board shall
29 prepare such reports related to minimal competency
30 testing as may be requested by the State Board of
31 Education, and in addition shall monitor and approve
32 special education and bilingual education programs and
33 policies within the district to assure that appropriate
34 services are provided in accordance with applicable State
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1 and federal laws to children requiring services and
2 education in those areas;
3 10. To employ non-teaching personnel or utilize
4 volunteer personnel for: (i) non-teaching duties not
5 requiring instructional judgment or evaluation of pupils,
6 including library duties; and (ii) supervising study
7 halls, long distance teaching reception areas used
8 incident to instructional programs transmitted by
9 electronic media such as computers, video, and audio,
10 detention and discipline areas, and school-sponsored
11 extracurricular activities. The board may further utilize
12 volunteer non-certificated personnel or employ
13 non-certificated personnel to assist in the instruction
14 of pupils under the immediate supervision of a teacher
15 holding a valid certificate, directly engaged in teaching
16 subject matter or conducting activities; provided that
17 the teacher shall be continuously aware of the
18 non-certificated persons' activities and shall be able to
19 control or modify them. The general superintendent shall
20 determine qualifications of such personnel and shall
21 prescribe rules for determining the duties and activities
22 to be assigned to such personnel;
23 11. To provide television studio facilities in not
24 to exceed one school building and to provide programs for
25 educational purposes, provided, however, that the board
26 shall not construct, acquire, operate, or maintain a
27 television transmitter; to grant the use of its studio
28 facilities to a licensed television station located in
29 the school district; and to maintain and operate not to
30 exceed one school radio transmitting station and provide
31 programs for educational purposes;
32 12. To offer, if deemed appropriate, outdoor
33 education courses, including field trips within the State
34 of Illinois, or adjacent states, and to use school
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1 educational funds for the expense of the said outdoor
2 educational programs, whether within the school district
3 or not;
4 13. During that period of the calendar year not
5 embraced within the regular school term, to provide and
6 conduct courses in subject matters normally embraced in
7 the program of the schools during the regular school term
8 and to give regular school credit for satisfactory
9 completion by the student of such courses as may be
10 approved for credit by the State Board of Education;
11 14. To insure against any loss or liability of the
12 board, the former School Board Nominating Commission,
13 Local School Councils, the Chicago Schools Academic
14 Accountability Council, or the former Subdistrict
15 Councils or of any member, officer, agent or employee
16 thereof, resulting from alleged violations of civil
17 rights arising from incidents occurring on or after
18 September 5, 1967 or from the wrongful or negligent act
19 or omission of any such person whether occurring within
20 or without the school premises, provided the officer,
21 agent or employee was, at the time of the alleged
22 violation of civil rights or wrongful act or omission,
23 acting within the scope of his employment or under
24 direction of the board, the former School Board
25 Nominating Commission, the Chicago Schools Academic
26 Accountability Council, Local School Councils, or the
27 former Subdistrict Councils; and to provide for or
28 participate in insurance plans for its officers and
29 employees, including but not limited to retirement
30 annuities, medical, surgical and hospitalization benefits
31 in such types and amounts as may be determined by the
32 board; provided, however, that the board shall contract
33 for such insurance only with an insurance company
34 authorized to do business in this State. Such insurance
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1 may include provision for employees who rely on treatment
2 by prayer or spiritual means alone for healing, in
3 accordance with the tenets and practice of a recognized
4 religious denomination;
5 15. To contract with the corporate authorities of
6 any municipality or the county board of any county, as
7 the case may be, to provide for the regulation of traffic
8 in parking areas of property used for school purposes, in
9 such manner as is provided by Section 11-209 of The
10 Illinois Vehicle Code, approved September 29, 1969, as
11 amended;
12 16. To provide, on an equal basis, access to the
13 school campus to the official recruiting representatives
14 of the armed forces of Illinois and the United States for
15 the purposes of informing students of the educational and
16 career opportunities available in the military if the
17 board has provided such access to persons or groups whose
18 purpose is to acquaint students with educational or
19 occupational opportunities available to them. The board
20 is not required to give greater notice regarding the
21 right of access to recruiting representatives than is
22 given to other persons and groups;
23 17. (a) To sell or market any computer program
24 developed by an employee of the school district, provided
25 that such employee developed the computer program as a
26 direct result of his or her duties with the school
27 district or through the utilization of the school
28 district resources or facilities. The employee who
29 developed the computer program shall be entitled to share
30 in the proceeds of such sale or marketing of the computer
31 program. The distribution of such proceeds between the
32 employee and the school district shall be as agreed upon
33 by the employee and the school district, except that
34 neither the employee nor the school district may receive
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1 more than 90% of such proceeds. The negotiation for an
2 employee who is represented by an exclusive bargaining
3 representative may be conducted by such bargaining
4 representative at the employee's request.
5 (b) For the purpose of this paragraph 17:
6 (1) "Computer" means an internally programmed,
7 general purpose digital device capable of
8 automatically accepting data, processing data and
9 supplying the results of the operation.
10 (2) "Computer program" means a series of coded
11 instructions or statements in a form acceptable to a
12 computer, which causes the computer to process data
13 in order to achieve a certain result.
14 (3) "Proceeds" means profits derived from
15 marketing or sale of a product after deducting the
16 expenses of developing and marketing such product;
17 18. To delegate to the general superintendent of
18 schools, by resolution, the authority to approve
19 contracts and expenditures in amounts of $10,000 or less;
20 19. Upon the written request of an employee, to
21 withhold from the compensation of that employee any dues,
22 payments or contributions payable by such employee to any
23 labor organization as defined in the Illinois Educational
24 Labor Relations Act. Under such arrangement, an amount
25 shall be withheld from each regular payroll period which
26 is equal to the pro rata share of the annual dues plus
27 any payments or contributions, and the board shall
28 transmit such withholdings to the specified labor
29 organization within 10 working days from the time of the
30 withholding;
31 19a. Upon receipt of notice from the comptroller of
32 a municipality with a population of 500,000 or more that
33 a debt is due and owing the municipality by an employee
34 of the Chicago School Reform Board of Trustees, to
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1 withhold, from the compensation of that employee, the
2 amount of the debt that is due and owing and pay the
3 amount withheld to the municipality; provided, however,
4 that the amount deducted from any one salary or wage
5 payment shall not exceed 25% of the net amount of the
6 payment. Before the Board deducts any amount from any
7 salary or wage of an employee under this paragraph, the
8 municipality shall certify that the employee has been
9 afforded an opportunity for a hearing to dispute the debt
10 that is due and owing the municipality. For purposes of
11 this paragraph, "net amount" means that part of the
12 salary or wage payment remaining after the deduction of
13 any amounts required by law to be deducted and "debt due
14 and owing" means (i) a specified sum of money owed to the
15 municipality for city services, work, or goods, after the
16 period granted for payment has expired, or (ii) a
17 specified sum of money owed to the municipality pursuant
18 to a court order or order of an administrative hearing
19 officer after the exhaustion of, or the failure to
20 exhaust, judicial review;
21 20. The board is encouraged to employ a sufficient
22 number of certified school counselors to maintain a
23 student/counselor ratio of 250 to 1 by July 1, 1990.
24 Each counselor shall spend at least 75% of his work time
25 in direct contact with students and shall maintain a
26 record of such time;
27 21. To make available to students vocational and
28 career counseling and to establish 5 special career
29 counseling days for students and parents. On these days
30 representatives of local businesses and industries shall
31 be invited to the school campus and shall inform students
32 of career opportunities available to them in the various
33 businesses and industries. Special consideration shall
34 be given to counseling minority students as to career
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1 opportunities available to them in various fields. For
2 the purposes of this paragraph, minority student means a
3 person who is:
4 (a) Black (a person having origins in any of
5 the black racial groups in Africa);
6 (b) Hispanic (a person of Spanish or
7 Portuguese culture with origins in Mexico, South or
8 Central America, or the Caribbean islands,
9 regardless of race);
10 (c) Asian American (a person having origins in
11 any of the original peoples of the Far East,
12 Southeast Asia, the Indian Subcontinent or the
13 Pacific Islands); or
14 (d) American Indian or Alaskan Native (a
15 person having origins in any of the original peoples
16 of North America).
17 Counseling days shall not be in lieu of regular
18 school days;
19 22. To report to the State Board of Education the
20 annual student dropout rate and number of students who
21 graduate from, transfer from or otherwise leave bilingual
22 programs;
23 23. Except as otherwise provided in the Abused and
24 Neglected Child Reporting Act or other applicable State
25 or federal law, to permit school officials to withhold,
26 from any person, information on the whereabouts of any
27 child removed from school premises when the child has
28 been taken into protective custody as a victim of
29 suspected child abuse. School officials shall direct
30 such person to the Department of Children and Family
31 Services, or to the local law enforcement agency if
32 appropriate;
33 24. To develop a policy, based on the current state
34 of existing school facilities, projected enrollment and
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1 efficient utilization of available resources, for capital
2 improvement of schools and school buildings within the
3 district, addressing in that policy both the relative
4 priority for major repairs, renovations and additions to
5 school facilities, and the advisability or necessity of
6 building new school facilities or closing existing
7 schools to meet current or projected demographic patterns
8 within the district;
9 25. To make available to the students in every high
10 school attendance center the ability to take all courses
11 necessary to comply with the Board of Higher Education's
12 college entrance criteria effective in 1993;
13 26. To encourage mid-career changes into the
14 teaching profession, whereby qualified professionals
15 become certified teachers, by allowing credit for
16 professional employment in related fields when
17 determining point of entry on teacher pay scale;
18 27. To provide or contract out training programs
19 for administrative personnel and principals with revised
20 or expanded duties pursuant to this Act in order to
21 assure they have the knowledge and skills to perform
22 their duties;
23 28. To establish a fund for the prioritized special
24 needs programs, and to allocate such funds and other lump
25 sum amounts to each attendance center in a manner
26 consistent with the provisions of part 4 of Section
27 34-2.3. Nothing in this paragraph shall be construed to
28 require any additional appropriations of State funds for
29 this purpose;
30 29. (Blank);
31 30. Notwithstanding any other provision of this Act
32 or any other law to the contrary, to contract with third
33 parties for services otherwise performed by employees,
34 including those in a bargaining unit, and to layoff those
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1 employees upon 14 days written notice to the affected
2 employees. Those contracts may be for a period not to
3 exceed 5 years and may be awarded on a system-wide basis;
4 31. To promulgate rules establishing procedures
5 governing the layoff or reduction in force of employees
6 and the recall of such employees, including, but not
7 limited to, criteria for such layoffs, reductions in
8 force or recall rights of such employees and the weight
9 to be given to any particular criterion. Such criteria
10 shall take into account factors including, but not be
11 limited to, qualifications, certifications, experience,
12 performance ratings or evaluations, and any other factors
13 relating to an employee's job performance; and
14 32. To develop a policy to prevent nepotism in the
15 hiring of personnel or the selection of contractors.
16 The specifications of the powers herein granted are not
17 to be construed as exclusive but the board shall also
18 exercise all other powers that they may be requisite or
19 proper for the maintenance and the development of a public
20 school system, not inconsistent with the other provisions of
21 this Article or provisions of this Code which apply to all
22 school districts.
23 In addition to the powers herein granted and authorized
24 to be exercised by the board, it shall be the duty of the
25 board to review or to direct independent reviews of special
26 education expenditures and services. The board shall file a
27 report of such review with the General Assembly on or before
28 May 1, 1990.
29 (Source: P.A. 89-15, eff. 5-30-95; 89-397, eff. 8-20-95;
30 89-626, eff. 8-9-96; 90-22, eff. 6-20-97; 90-548, eff.
31 1-1-98.)