Public Act 90-0548 of the 90th General Assembly
Public Act 90-0548
HB0452 Enrolled LRB9002549THcd
AN ACT relating to education, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 5
Section 5-1. Short title. This Article may be cited as
the School Construction Law.
Section 5-5. Definitions. As used in this Article:
"Approved school construction bonds" mean bonds that were
approved by referendum after January 1, 1996 but prior to
January 1, 1998 as provided in Sections 19-2 through 19-7 of
the School Code to provide funds for the acquisition,
development, construction, reconstruction, rehabilitation,
improvement, architectural planning, and installation of
capital facilities consisting of buildings, structures,
durable-equipment, and land for educational purposes.
"Grant index" means a figure for each school district
equal to one minus the ratio of the district's equalized
assessed valuation per pupil in average daily attendance to
the equalized assessed valuation per pupil in average daily
attendance of the district located at the 90th percentile for
all districts of the same type. The grant index shall be no
less than 0.35 and no greater than 0.75 for each district;
provided that the grant index for districts whose equalized
assessed valuation per pupil in average daily attendance is
at the 99th percentile and above for all districts of the
same type shall be 0.00.
"School construction project" means the acquisition,
development, construction, reconstruction, rehabilitation,
improvement, architectural planning, and installation of
capital facilities consisting of buildings, structures,
durable equipment, and land for educational purposes.
Section 5-10. Grant awards. The Capital Development
Board is authorized to make grants to school districts for
school construction projects with funds appropriated by the
General Assembly from the School Infrastructure Fund
pursuant to the provisions of this Article. The State Board
of Education is authorized to make grants to school districts
for debt service with funds appropriated by the General
Assembly from the School Infrastructure Fund pursuant to the
provisions of this Article.
Section 5-15. Grant entitlements. The State Board of
Education is authorized to issue grant entitlements for
school construction projects and debt service and shall
determine the priority order for school construction project
grants to be made by the Capital Development Board.
Section 5-20. Grant application; district facilities
plan. School districts shall apply to the State Board of
Education for school construction project grants and debt
service grants. Districts filing grant applications shall
submit to the State Board a district facilities plan that
shall include, but not be limited to, an assessment of
present and future district facility needs as required by
present and anticipated educational programming, the
availability of local financial resources including current
revenues, fund balances, and unused bonding capacity, a
fiscal plan for meeting present and anticipated debt service
obligations, and a maintenance plan and schedule that contain
necessary assurances that new, renovated, and existing
facilities are being or will be properly maintained. The
State Board of Education shall review and approve district
facilities plans prior to issuing grant entitlements. Each
district that receives a grant entitlement shall annually
update its district facilities plan and submit the revised
plan to the State Board for approval.
Section 5-25. Eligibility and project standards.
(a) The State Board of Education shall establish
eligibility standards for school construction project grants
and debt service grants. These standards shall include
minimum enrollment requirements for eligibility for school
construction project grants of 200 students for elementary
districts, 200 students for high school districts, and 400
students for unit districts. The State Board of Education
shall approve a district's eligibility for a school
construction project grant or a debt service grant pursuant
to the established standards.
(b) The Capital Development Board shall establish
project standards for all school construction project grants
provided pursuant to this Article. These standards shall
include space and capacity standards as well as the
determination of recognized project costs that shall be
eligible for State financial assistance and enrichment costs
that shall not be eligible for State financial assistance.
Section 5-30. Priority of school construction projects.
The State Board of Education shall develop standards for the
determination of priority needs concerning school
construction projects based upon approved district facilities
plans. Such standards shall call for prioritization based on
the degree of need and project type in the following order:
(1) Replacement or reconstruction of school buildings
destroyed or damaged by flood, tornado, fire, earthquake, or
other disasters, either man-made or produced by nature;
(2) Projects designed to alleviate a shortage of
classrooms due to population growth or to replace aging
school buildings;
(3) Projects resulting from interdistrict reorganization
of school districts contingent on local referenda;
(4) Replacement or reconstruction of school facilities
determined to be severe and continuing health or life safety
hazards;
(5) Alterations necessary to provide accessibility for
qualified individuals with disabilities; and
(6) Other unique solutions to facility needs.
Section 5-35. School construction project grant
amounts-Prohibited use.
(a) The product of the district's grant index and the
recognized project cost, as determined by the Capital
Development Board, for an approved school construction
project shall equal the amount of the grant the Capital
Development Board shall provide to the eligible district.
The grant index shall not be used in cases where the General
Assembly and the Governor approve appropriations designated
for specifically identified school district construction
projects.
(b) In each fiscal year in which school construction
project grants are awarded, 20% of the total amount awarded
statewide shall be awarded to a school district with a
population exceeding 500,000, provided such district complies
with the provisions of this Article.
(c) No portion of a school construction project grant
awarded by the Capital Development Board shall be used by a
school district for any on-going operational costs.
Section 5-40. Supervision of school construction
projects. The Capital Development Board shall exercise
general supervision over school construction projects
financed pursuant to this Article.
Section 5-45. Debt service grants. School districts
that have issued approved school construction bonds shall be
eligible to apply for debt service grants. The amount
awarded to eligible districts for debt service grants shall
be equal to 10% of the principal amount of approved school
construction bonds issued by the district times the grant
index for the district. Debt service grants shall only be
used by school districts to: retire principal of approved
school construction bonds, restructure the debt service on
such bonds, or abate the property taxes levied for the
district's bond and interest fund by an amount identical to
the amount of the debt service grant. No debt service grants
shall be awarded by the State Board of Education after June
30, 1999.
Section 5-50. Referendum requirements. After the State
Board of Education has approved all or part of a district's
application and issued a grant entitlement for a school
construction project grant, the district shall submit the
project or the financing of the project to a referendum when
such referendum is required by law.
Section 5-55. Rules.
(a) The Capital Development Board shall promulgate such
rules as it deems necessary for carrying out its
responsibilities under the provisions of this Article.
(b) The State Board of Education shall promulgate such
rules as it deems necessary for carrying out its
responsibilities under the provisions of this Article.
(20 ILCS 3105/Art. 1A rep.)
Section 5-900. The Capital Development Board Act is
amended by repealing Article 1A.
Section 5-905. The State Finance Act is amended by
adding Sections 5.500, 5.505, and 6z-45 as follows:
(30 ILCS 105/5.500 new)
Sec. 5.500. The School Infrastructure Fund.
(30 ILCS 105/5.505 new)
Sec. 5.505. The School Technology Revolving Loan Fund.
(30 ILCS 105/6z-45 new)
Sec. 6z-45. The School Infrastructure Fund. The School
Infrastructure Fund is created as a special fund in the State
Treasury. Subject to appropriation, money in the School
Infrastructure Fund shall, if and when the State of Illinois
incurs any bonded indebtedness for the construction of school
improvements under the School Construction Act, be set aside
and used for the purpose of paying and discharging annually
the principal and interest on that bonded indebtedness then
due and payable, and for no other purpose. The surplus, if
any, in the School Infrastructure Fund after the payment of
principal and interest on that bonded indebtedness then
annually due shall, subject to appropriation, be used as
follows:
First--to make 3 payments to the School Technology
Revolving Loan Fund as follows:
Transfer of $30,000,000 in fiscal year 1999;
Transfer of $20,000,000 in fiscal year 2000; and
Transfer of $10,000,000 in fiscal year 2001.
Second--to pay the expenses of the State Board of
Education and the Capital Development Board in administering
programs under the School Construction Act, the total
expenses not to exceed $1,000,000 in any fiscal year.
Third--to pay any amounts due for grants for school
construction projects and debt service under the School
Construction Act.
Section 5-910. The Illinois Pension Code is amended by
changing Sections 17-108, 17-127, and 17-129 as follows:
(40 ILCS 5/17-108) (from Ch. 108 1/2, par. 17-108)
Sec. 17-108. Fiscal year and school year.
"Fiscal year" and "school year": Beginning July 1, 1999,
the period beginning on the 1st day of July September of one
calendar year and ending on the 30th 31st day of June August
of the next calendar year. Each fiscal year and each school
year shall be designated for convenience with the same number
as the calendar year in which that fiscal year or school year
ends. The fiscal year which begins September 1, 1998 shall
end June 30, 1999.
(Source: P.A. 83-792.)
(40 ILCS 5/17-127) (from Ch. 108 1/2, par. 17-127)
Sec. 17-127. Financing; revenues for the Fund.
(a) The revenues for the Fund shall consist of: (1)
amounts paid into the Fund by contributors thereto and from
employer contributions taxes and State appropriations in
accordance with this Article; (2) amounts contributed to the
Fund pursuant to any law now in force or hereafter to be
enacted; (3) contributions from any other source; and (4) the
earnings on investments.
(b) The General Assembly finds that for many years the
State has contributed to the Fund an annual amount that is
between 20% and 30% of the amount of the annual State
contribution to the Article 16 retirement system, and the
General Assembly declares that it is its goal and intention
to continue this level of contribution to the Fund in the
future.
(Source: P.A. 88-593, eff. 8-22-94.)
(40 ILCS 5/17-129) (from Ch. 108 1/2, par. 17-129)
Sec. 17-129. Employer contributions; deficiency in Fund.
(a) If in any fiscal year of the board of education
ending prior to 1997 the total amounts paid to the Fund from
the board of education (other than under this subsection, and
other than amounts used for making or "picking up"
contributions on behalf of teachers) and from the State do
not equal the total contributions made by or on behalf of the
teachers for such year, or if the total income of the Fund in
any such fiscal year of the board of education from all
sources is less than the total such expenditures by the Fund
for such year, the Board of Education shall, in the next
succeeding year, in addition to any other payment to the Fund
set apart and appropriate from moneys from its tax levy for
educational purposes, a sum sufficient to remove such
deficiency or deficiencies, and promptly pay such sum into
the Fund in order to restore any of the reserves of the Fund
that may have been so temporarily applied. Any amounts
received by the Fund after the effective date of this
amendatory Act of 1997 from State appropriations, including
under Section 17-127, shall be a credit against and shall
fully satisfy any obligation that may have arisen, or be
claimed to have arisen, under this subsection (a) as a result
of any deficiency or deficiencies in the fiscal year of the
board of education ending in calendar year 1997.
(b) (i) For fiscal years 2011 through 2045, the minimum
contribution to the Fund to be made by the board of education
in each fiscal year shall be an amount determined by the Fund
to be sufficient to bring the total assets of the Fund up to
90% of the total actuarial liabilities of the Fund by the end
of fiscal year 2045. In making these determinations, the
required board of education contribution shall be calculated
each year as a level percentage of payroll over the years
remaining to and including fiscal year 2045 and shall be
determined under the projected unit credit actuarial cost
method.
(ii) For fiscal years 1999 through 2010, the board of
education's contribution to the Fund, as a percentage of the
applicable employee payroll, shall be increased in equal
annual increments so that by fiscal year 2011, the board of
education is contributing at the rate required under this
subsection.
(iii) Beginning in fiscal year 2046, the minimum board
of education contribution for each fiscal year shall be the
amount needed to maintain the total assets of the Fund at 90%
of the total actuarial liabilities of the Fund.
(iv) Notwithstanding the provisions of paragraphs (i),
(ii), and (iii) of this subsection (b), for any fiscal year
the contribution to the Fund from the board of education
shall not be required to be in excess of the amount
calculated as needed to maintain the assets (or cause the
assets to be) at the 90% level by the end of the fiscal year.
(v) Any contribution by the State to or for the benefit
of the Fund, including, without limitation, as referred to
under Section 17-127, shall be a credit against any
contribution required to be made by the board of education
under this subsection (b).
(c) The Board of Trustees shall determine the amount of
board of education contributions required for each fiscal
year on the basis of the actuarial tables and other
assumptions adopted by the Board and the recommendations of
the actuary, in order to meet the minimum contribution
requirements of subsections (a) and (b). Annually, on or
before November 15, the Board shall certify to the board of
education the amount of the required board of education
contribution for the coming fiscal year. The certification
shall include a copy of the actuarial recommendations upon
which it is based.
(Source: P.A. 89-15, eff. 5-30-95.)
Section 5-915. The School Code is amended by changing
Sections 1A-2, 1A-4, 1B-8, 1C-2, 2-3.51, 2-3.51.5, 7-11,
10-20.9a, 10-22.6, 10-22.20, 10-22.23, 10-23.5, 10-23.8,
10-23.8a, 18-4.3, 18-7, 18-8, 18-8.2, 21-1a, 21-2, 21-2.1,
21-2a, 21-3, 21-4, 21-5, 21-5a, 21-10, 21-11.1, 21-11.3,
21-11.4, 21-14, 24-11, 24A-5, 27A-2, 27A-7, 27A-8, 27A-9,
27A-11, 34-8.4, 34-18, and 34-84 and adding Sections
2-3.117a, 2-3.124, 10-20.30, 10-22.34c, 17-1.5, 18-8.05,
21-0.01, 21-5c, 21-5d, and 34-18.17 as follows:
(105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
Sec. 1A-2. Qualifications. The members of the State
Board of Education shall be citizens of the United States and
residents of the State of Illinois and shall be selected as
far as may be practicable on the basis of their knowledge of,
or interest and experience in, problems of public education.
No member of the State Board of Education shall be gainfully
employed or administratively connected with any school
system, nor have any interest in or benefit from funds
provided by the State Board of Education to an or institution
of higher learning, public or private, within Illinois, nor
shall they be members of a school board or board of school
trustees of a public or nonpublic school, college, university
or technical institution within Illinois. No member shall
be appointed to more than 2 six year terms. Members shall be
reimbursed for all ordinary and necessary expenses incurred
in performing their duties as members of the Board. Expenses
shall be approved by the Board and be consistent with the
laws, policies, and requirements of the State of Illinois
regarding such expenditures, plus any member may include in
his claim for expenses $50 per day for meeting days.
(Source: P.A. 80-1513.)
(105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
Sec. 1A-4. Powers and duties of the Board.
A. Upon the appointment of new Board members as provided
in subsection (b) of Section 1A-1 and every 2 years
thereafter, the chairperson of the Board shall be selected by
the Governor, with the advice and consent of the Senate, from
the membership of the Board to serve as chairperson for 2
years.
B. The Board shall determine the qualifications of and
appoint a chief education officer to be known as the State
Superintendent of Education who shall serve at the pleasure
of the Board and pursuant to a performance-based contract
linked to statewide student performance and academic
improvement within Illinois schools. except that No
performance-based contract issued for the employment of the
State Superintendent of Education shall be for a term longer
than 3 years and no contract shall be extended or renewed
prior to its scheduled expiration unless the performance and
improvement goals contained in the contract have been met.
The State Superintendent of Education shall not serve as a
member of the State Board of Education. The Board shall set
the compensation of the State Superintendent of Education who
shall serve as the Board's chief executive officer. The Board
shall also establish the duties, powers and responsibilities
of the State Superintendent, which shall be included in the
State Superintendent's performance-based contract along with
the goals and indicators of student performance and academic
improvement used to measure the performance and effectiveness
of the State Superintendent such officer. The State Board of
Education may delegate to the State Superintendent of
Education the authority to act on the Board's behalf,
provided such delegation is made pursuant to adopted board
policy or the powers delegated are ministerial in nature.
The State Board may not delegate authority under this Section
to the State Superintendent to (1) nonrecognize school
districts, (2) withhold State payments as a penalty, or (3)
make final decisions under the contested case provisions of
the Illinois Administrative Procedure Act unless otherwise
provided by law.
C. The powers and duties of the State Board of Education
shall encompass all duties delegated to the Office of
Superintendent of Public Instruction on January 12, 1975,
except as the law providing for such powers and duties is
thereafter amended, and such other powers and duties as the
General Assembly shall designate. The Board shall be
responsible for the educational policies and guidelines for
public schools, pre-school through grade 12 and Vocational
Education in the State of Illinois. The Board shall analyze
the present and future aims, needs, and requirements of
education in the State of Illinois and recommend to the
General Assembly the powers which should be exercised by the
Board. The Board shall recommend the passage and the
legislation necessary to determine the appropriate
relationship between the Board and local boards of education
and the various State agencies and shall recommend desirable
modifications in the laws which affect schools.
D. Two members of the Board shall be appointed by the
chairperson to serve on a standing joint Education Committee,
2 others shall be appointed from the Board of Higher
Education, 2 others shall be appointed by the chairperson of
the Illinois Community College Board, and 2 others shall be
appointed by the chairperson of the Human Resource Resources
Investment Council. The Committee shall be responsible for
making recommendations concerning the submission of any
workforce development plan or workforce training program
required by federal law or under any block grant authority.
The Committee will be responsible for developing policy on
matters of mutual concern to elementary, secondary and higher
education such as Occupational and Career Education, Teacher
Preparation and Certification, Educational Finance,
Articulation between Elementary, Secondary and Higher
Education and Research and Planning. The joint Education
Committee shall meet at least quarterly and submit an annual
report of its findings, conclusions, and recommendations to
the State Board of Education, the Board of Higher Education,
the Illinois Community College Board, the Human Resource
Resources Investment Council, the Governor, and the General
Assembly. All meetings of this Committee shall be official
meetings for reimbursement under this Act.
E. Five members of the Board shall constitute a quorum.
A majority vote of the members appointed, confirmed and
serving on the Board is required to approve any action.
The Board shall prepare and submit to the General
Assembly and the Governor on or before January 14, 1976 and
annually thereafter a report or reports of its findings and
recommendations. Such annual report shall contain a separate
section which provides a critique and analysis of the status
of education in Illinois and which identifies its specific
problems and recommends express solutions therefor. Such
annual report also shall contain the following information
for the preceding year ending on June 30: each act or
omission of a school district of which the State Board of
Education has knowledge as a consequence of scheduled,
approved visits and which constituted a failure by the
district to comply with applicable State or federal laws or
regulations relating to public education, the name of such
district, the date or dates on which the State Board of
Education notified the school district of such act or
omission, and what action, if any, the school district took
with respect thereto after being notified thereof by the
State Board of Education. The report shall also include the
statewide high school dropout rate by grade level, sex and
race and the annual student dropout rate of and the number of
students who graduate from, transfer from or otherwise leave
bilingual programs. The Auditor General shall annually
perform a compliance audit of the State Board of Education's
performance of the reporting duty imposed by this amendatory
Act of 1986. A regular system of communication with other
directly related State agencies shall be implemented.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and
the Secretary of the Senate and the Legislative Council, as
required by Section 3.1 of "An Act to revise the law in
relation to the General Assembly Organization Act", approved
February 25, 1874, as amended, and filing such additional
copies with the State Government Report Distribution Center
for the General Assembly as is required under paragraph (t)
of Section 7 of the State Library Act.
(Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96;
89-698, eff. 1-14-97; revised 3-31-97.)
(105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
Sec. 1B-8. There is created in the State Treasury a
special fund to be known as the School District Emergency
Financial Assistance Fund (the "Fund"). The School District
Emergency Financial Assistance Fund shall consist of
appropriations, grants from the federal government and
donations from any public or private source. Moneys in the
Fund may be appropriated only to the State Board for the
purposes of this Article. The appropriation may be allocated
and expended by the State Board as loans to school districts
which are the subject of an approved petition for emergency
financial assistance under Section 1B-4. From the amount
allocated to each such school district the State Board shall
identify a sum sufficient to cover all approved costs of the
Financial Oversight Panel established for the respective
school district. If the State Board and State Superintendent
of Education have not approved emergency financial assistance
in conjunction with the appointment of a Financial Oversight
Panel, the Panel's approved costs shall be paid from
deductions from the district's general State aid.
The Financial Oversight Panel may prepare and file with
the State Superintendent a proposal for emergency financial
assistance for the school district and for the operations
budget of the Panel. No expenditures shall be authorized by
the State Superintendent until he has approved the proposal
of the Panel, either as submitted or in such lesser amount
determined by the State Superintendent.
The maximum amount of emergency financial assistance
which may be allocated to any school district under this
Article, including moneys necessary for the operations of the
Panel, shall not exceed $1000 times the number of pupils
enrolled in the school district during the school year ending
June 30 prior to the date of approval by the State Board of
the petition for emergency financial assistance, as certified
to the local board and the Panel by the State Superintendent.
The payment of emergency State financial assistance shall
be subject to appropriation by the General Assembly.
Emergency State financial assistance allocated and paid to a
school district under this Article may be applied to any fund
or funds from which the local board of education of that
district is authorized to make expenditures by law.
Any emergency financial assistance proposed by the
Financial Oversight Panel and approved by the State
Superintendent may be paid in its entirety during the initial
year of the Panel's existence or spread in equal or declining
amounts over a period of years not to exceed the period of
the Panel's existence. All payments made from the School
District Emergency Financial Assistance Fund for a school
district shall be required to be repaid, with simple interest
at the rate of 4%, not later than the date the Financial
Oversight Panel ceases to exist. The Panel shall establish
and the State Superintendent shall approve the terms and
conditions, including the schedule, of repayments. The
schedule shall provide for repayments commencing July 1 of
each year. Repayment shall be incorporated into the annual
budget of the school district and may be made from any fund
or funds of the district in which there are moneys available.
When moneys are repaid as provided herein they shall not be
made available to the local board for further use as
emergency financial assistance under this Article at any time
thereafter. All repayments required to be made by a school
district shall be received by the State Board and deposited
in the School District Emergency Financial Assistance Fund.
In establishing the terms and conditions for the
repayment obligation of the school district the Panel shall
annually determine whether a separate local property tax levy
is required. The board of any school district with a tax
rate for educational purposes for the prior year of less than
120% of the maximum rate for educational purposes authorized
by Section 17-2 shall provide for a separate tax levy for
emergency financial assistance repayment purposes. Such tax
levy shall not be subject to referendum approval. The amount
of the levy shall be equal to the amount necessary to meet
the annual repayment obligations of the district as
established by the Panel, or 20% of the amount levied for
educational purposes for the prior year, whichever is less.
However, no district shall be required to levy the tax if the
district's operating tax rate as determined under
subparagraph (A)(5)(b) of Section 18-8 or 18-8.05 exceeds
200% of the district's tax rate for educational purposes for
the prior year.
(Source: P.A. 88-618, eff. 9-9-94.)
(105 ILCS 5/1C-2)
Sec. 1C-2. Block grants.
(a) For fiscal year 1999, and each fiscal year
thereafter, the State Board of Education shall award to
school districts block grants as described in subsections (b)
and (c). The State Board of Education may adopt rules and
regulations necessary to implement this Section.
(b) A Professional Development Block Grant shall be
created by combining the existing School Improvement Block
Grant and the REI Initiative. These funds shall be
distributed to school districts based on the number of
full-time certified instructional staff employed in the
district.
(c) An Early Childhood Education Block Grant shall be
created by combining the following programs: Preschool
Education, Parental Training and Prevention Initiative.
These funds shall be distributed to school districts and
other entities on a competitive basis. Eight percent of this
grant shall be used to fund programs for children ages 0-3.
From appropriations made for block grant purposes, the State
Board of Education is authorized to award funds to eligible
recipients upon application. Semiannual installment payments
shall be made and semiannual expenditure reports shall be
required.
(Source: P.A. 88-555, eff. 7-27-94; 89-397, eff. 8-20-95.)
(105 ILCS 5/2-3.51) (from Ch. 122, par. 2-3.51)
Sec. 2-3.51. Reading Improvement Block Grant Program.
To improve the reading and study skills of children from
kindergarten through sixth grade in school districts. The
State Board of Education, hereinafter referred to as "the
Board", is authorized to administer a fund a School District
Reading Improvement Block Grant Program. As used in this
Section, "school district" shall include those schools
designated as "laboratory schools".
(a) The program shall provide reading specialists,
teacher aides and other personnel to improve reading and
study skills of children in public schools. As part of the
program, the Board shall also make available funds for books
and other printed materials which improve the reading and
study skills of the children. Funds for the Reading
Improvement Block Grant Program shall be distributed to
school districts on the following basis: 70% of monies shall
be awarded on the prior year's best 3 months average daily
attendance and 30% shall be distributed on the number of
economically disadvantaged (E.C.I.A. Chapter I) pupils in the
district, provided that the State Board may distribute an
amount not to exceed 2% of the monies appropriated for the
Reading Improvement Block Grant Program for the purpose of
providing teacher training and re-training in the teaching of
reading. Program funds shall be distributed to school
districts in 2 semi-annual installments, one payment on or
before October 30, and one payment prior to April 30, of each
year. The State Board shall promulgate rules and regulations
necessary for the implementation of this program.
(a-5) Reading Improvement Block Grant Program funds
shall be used by school districts in the following manner:
(1) to reduce class size in grades kindergarten
through 3 for the purpose of providing more intensified
reading instruction;
(2) to extend the time devoted in kindergarten
through third grade to intensified reading instruction,
including phonic instruction, either by lengthening the
school day or lengthening the school year;
(3) to create transitional grades for students
needing intensified reading instruction either between
the first and second grades or between the second and
third grades in accordance with the authority granted
school districts in Section 10-21.2 of this Code;
(4) to continue direct reading instruction for
grades 4 through 6;
(5) to establish reading academies in schools that
focus on the mechanics of reading, the application of
reading skills, and the reading of rich literature and
that reflect a commitment of time and resources to these
functions;
(6) to conduct intense vocabulary, spelling, and
related writing enrichment programs that promote better
understanding of language and words;
(7) to increase the availability of reading
specialists and teacher aides for reading; and
(8) to train and retrain teachers of kindergarten
through third grade to be proficient in the teaching of
reading, including phonic instruction.
(a-10) Reading Improvement Block Grant Program funds
shall be made available to each eligible school district
submitting a one-page application developed by the State
Board beginning with the 1998-99 school year. Applications
shall include existing Illinois Goals and Assessment Program
(IGAP) reading scores and the planned use for the funds. At
the end of each school year the school district shall report
new IGAP results on the same form. Each application,
beginning with the 1998-99 school year, shall be for a 2-year
grant based on initial year qualification. Districts not
demonstrating performance progress using IGAP reading scores
as the basis of measure based on metrics of progress
established by the State Board shall not be eligible for
funding in the third or subsequent years thereafter until
such progress is established.
(a-15) The State Superintendent of Education, in
cooperation with the school districts participating in the
program, shall annually report to the leadership of the
General Assembly on the results of the Reading Improvement
Block Grant Program and the progress being made on improving
the reading skills of students in kindergarten through the
sixth grade.
(b) (Blank). Distribution of monies to school districts
shall be made in 2 semi-annual installments, one on or before
October 30, and one payment prior to April 30, of each year.
From funds distributed for purposes of this Section, the
Board is authorized to approve applications from qualifying
school districts to help meet a district's costs of employing
teacher aides. No school district shall be eligible to be
paid under this Section for more than one teacher aide for
each 3 certificated teachers employed by the district for
classroom teaching of pupils in kindergarten and grades one
through 6.
From funds distributed for purposes of this Section, the
Board is authorized to approve applications from qualifying
school districts to help meet a district's cost of employing
reading specialists. No school district shall be eligible to
receive payment under this Section for more than one reading
specialist for each 15 certificated teachers, or major
portion thereof, employed by the district for classroom
teaching of pupils in kindergarten and grades one through 6.
(c) (Blank). Each person employed as a teacher aide
pursuant to this Section must work under the supervision of a
certificated teacher and, as a condition precedent to that
employment, either shall have earned at least 30 semester
hours of college credit or shall have successfully completed
a Teacher Aide Program approved by the Board.
(d) Grants under the Reading Improvement Program shall
be awarded provided there is an appropriation for the
program, and funding levels for each district shall be
prorated according to the amount of the appropriation.
(e) (Blank). District applications for participation in
this program shall be approved by the Board.
(f) (Blank). Notwithstanding the provisions regarding
distribution of monies contained in subsections (a) and (b)
of this Section, the Board may distribute an amount not to
exceed 2% of the monies appropriated for the Reading
Improvement Program to qualified recipients for the purpose
of training teachers and other educational personnel to
better teach reading to the State's elementary and secondary
school students.
(Source: P.A. 86-237; 86-750; 86-1028; 87-280.)
(105 ILCS 5/2-3.51.5)
Sec. 2-3.51.5. School Safety and Educational Improvement
Block Grant Program. To improve the level of education and
safety of students from kindergarten through grade 12 in
school districts. The State Board of Education is authorized
to fund a School Safety and Educational Improvement Block
Grant Program.
(1) The program shall provide funding for school safety,
textbooks and software, teacher training and curriculum
development, school improvements, and remediation programs
under subsection (a) of Section 2-3.64. A school district or
laboratory school as defined in subsection B of Section 18-8
or 18-8.05 is not required to file an application in order
to receive the categorical funding to which it is entitled
under this Section. Funds for the School Safety and
Educational Improvement Block Grant Program shall be
distributed to school districts and laboratory schools based
on the prior year's best 3 months average daily attendance.
The State Board of Education shall promulgate rules and
regulations necessary for the implementation of this program.
(2) Distribution of moneys to school districts shall be
made in 2 semi-annual installments, one payment on or before
October 30, and one payment prior to April 30, of each fiscal
year.
(3) Grants under the School Safety and Educational
Improvement Block Grant Program shall be awarded provided
there is an appropriation for the program, and funding levels
for each district shall be prorated according to the amount
of the appropriation.
(Source: P.A. 89-610, eff. 8-6-96.)
(105 ILCS 5/2-3.117a new)
Sec. 2-3.117a. School Technology Revolving Loan Program.
(a) The State Board of Education is authorized to
administer a School Technology Revolving Loan Program from
funds appropriated from the School Technology Revolving Loan
Fund for the purpose of making the financing of school
technology hardware improvements affordable. School
technology loans shall be made available to school districts
to purchase technology hardware for eligible grade levels on
a 3-year rotating basis: grades K-4 in year one and each
third year thereafter, grades 5-8 in year 2 and each third
year thereafter, grades 9-12 in year 3 and each third year
thereafter.
The State Board of Education shall determine the interest
rate the loans shall bear which shall not be greater than 50%
of the rate for the most recent date shown in the 20 G.O.
Bonds Index of average municipal bond yields as published in
the most recent edition of The Bond Buyer, published in New
York, New York. The repayment period for School Technology
Revolving Loans shall not exceed 3 years. Participating
school districts shall use the loan proceeds for technology
hardware investments for students and staff, including
computer hardware, technology networks, related wiring, and
other items defined in rules adopted by the State Board of
Education. No school district whose equalized assessed
valuation per pupil in average daily attendance is at the
99th percentile and above for all districts of the same type
shall be eligible to receive a School Technology Revolving
Loan under the provisions of this Section for that year.
The State Board of Education shall have the authority to
adopt all rules necessary for the implementation and
administration of the School Technology Revolving Loan
Program, including, but not limited to, rules defining
application procedures, prescribing a maximum amount per
pupil that may be requested annually by districts, requiring
appropriate local commitments for technology investments,
prescribing a mechanism for disbursing loan funds in the
event requests exceed available funds, and prescribing
actions necessary to protect the State's interest in the
event of default, foreclosure, or noncompliance with the
terms and conditions of the loans.
(b) There is created in the State treasury the School
Technology Revolving Loan Fund. The State Board shall have
the authority to make expenditures from the Fund pursuant to
appropriations made for the purposes of this Section. There
shall be deposited into the Fund such amounts, including but
not limited to:
(1) Transfers from the School Infrastructure Fund;
(2) All receipts, including principal and interest
payments, from any loan made from the Fund;
(3) All proceeds of assets of whatever nature
received by the State Board as a result of default or
delinquency with respect to loans made from the Fund;
(4) Any appropriations, grants, or gifts made to
the Fund; and
(5) Any income received from interest on
investments of money in the Fund.
(105 ILCS 5/2-3.124 new)
Sec. 2-3.124. Liability coverage for certificated school
employees. Beginning with the 1998-99 school year, the State
Board of Education shall provide or arrange to have provided
for each certificated person who receives a salary or wages
in exchange for performing educational employment activities
on behalf of a school board, board of trustees, joint
agreement program board, cooperative program board, or
similar governing body of a public elementary or secondary
educational unit in Illinois educators liability coverage in
amounts no less than: (1) $1,000,000 per person per
occurrence, not to include any civil rights issue or claims;
(2) $250,000 per person per occurrence for any civil rights
issue or claims and not to include any other claims; and (3)
$3,000,000 per occurrence aggregate for all claims.
The coverage provided by the State Board shall also
include: (1) reimbursement of attorney fees for defense of a
criminal proceeding in an amount not less than $35,000 per
proceeding; (2) bail bond coverage of not less than $1,000
per bond; and (3) assault-related personal property damage
coverage of not less than $250 per incident.
The liability coverage required by this Section shall be
provided at no cost to the covered persons accepting such
coverage.
The State Board shall adopt such rules and regulations as
are necessary to implement the provisions of this Section.
(105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
Sec. 7-11. Annexation of dissolved non-operating
districts. If any school district has become dissolved as
provided in Section 5-32, or if a petition for dissolution is
filed under subsection (b) of Section 7-2a, the regional
board of school trustees shall attach the territory of such
dissolved district to one or more districts and, if the
territory is added to 2 or more districts, shall divide the
property of the dissolved district among the districts to
which its territory is added, in the manner provided for the
division of property in case of the organization of a new
district from a part of another district. The regional board
of school trustees of the region in which the regional
superintendent has supervision over the school district that
is dissolved shall have all power necessary to annex the
territory of the dissolved district as provided in this
Section, including the power to attach the territory to a
school district under the supervision of the regional
superintendent of another educational service region. The
annexation of the territory of a dissolved school district
under this Section shall entitle the school districts
involved in the annexation to payments from the State Board
of Education under subsection (A)(5)(m) of Section 18-8 or
subsection (I) of Section 18-8.05 and under Sections 18-8.2
and 18-8.3 in the same manner and to the same extent
authorized in the case of other annexations under this
Article. Other provisions of this Article 7 of The School
Code shall apply to and govern dissolutions and annexations
under this Section and Section 7-2a, except that it is the
intent of the General Assembly that in the case of conflict
the provisions of this Section and Section 7-2a shall control
over the other provisions of this Article.
The regional board of school trustees shall give notice
of a hearing, to be held not less than 50 days nor more than
70 days after a school district is dissolved under Section
5-32 or a petition is filed under subsection (b) of Section
7-2a, on the disposition of the territory of such school
district by publishing a notice thereof at least once each
week for 2 successive weeks in at least one newspaper having
a general circulation within the area of the territory
involved. At such hearing, the regional board of school
trustees shall hear evidence as to the school needs and
conditions of the territory and of the area within and
adjacent thereto, and shall take into consideration the
educational welfare of the pupils of the territory and the
normal high school attendance pattern of the children. In the
case of an elementary school district if all the eighth grade
graduates of such district customarily attend high school in
the same high school district, the regional board of school
trustees shall, unless it be impossible because of the
restrictions of a special charter district, annex the
territory of the district to a contiguous elementary school
district whose eighth grade graduates customarily attend that
high school, and that has an elementary school building
nearest to the center of the territory to be annexed, but if
such eighth grade graduates customarily attend more than one
high school the regional board of school trustees shall
determine the attendance pattern of such graduates and divide
the territory of the district among the contiguous elementary
districts whose graduates attend the same respective high
schools.
The decision of the regional board of school trustees in
such matter shall be issued within 10 days after the
conclusion of the hearing and deemed an "administrative
decision" as defined in Section 3-101 of the Code of Civil
Procedure and any resident who appears at the hearing or any
petitioner may within 10 days after a copy of the decision
sought to be reviewed was served by registered mail upon the
party affected thereby file a complaint for the judicial
review of such decision in accordance with the
"Administrative Review Law", and all amendments and
modifications thereof and the rules adopted pursuant thereto.
The commencement of any action for review shall operate as a
stay of enforcement, and no further proceedings shall be had
until final disposition of such review. The final decision of
the regional board of school trustees or of any court upon
judicial review shall become effective under Section 7-9 in
the case of a petition for dissolution filed under subsection
(b) of Section 7-2a, and a final decision shall become
effective immediately following the date no further appeal is
allowable in the case of a district dissolved under Section
5-32.
Notwithstanding the foregoing provisions of this Section
or any other provision of law to the contrary, the school
board of the Mt. Morris School District is authorized to
donate to the City of Mount Morris, Illinois the school
building and other real property used as a school site by the
Mt. Morris School District at the time of its dissolution, by
appropriate resolution adopted by the school board of the
district prior to the dissolution of the district; and upon
the adoption of a resolution by the school board donating the
school building and school site to the City of Mount Morris,
Illinois as authorized by this Section, the regional board of
school trustees or other school officials holding legal title
to the school building and school site so donated shall
immediately convey the same to the City of Mt. Morris,
Illinois.
(Source: P.A. 88-386.)
(105 ILCS 5/10-20.9a) (from Ch. 122, par. 10-20.9a)
Sec. 10-20.9a. Final Grade; Promotion.
(a) Teachers shall administer the approved marking
system or other approved means of evaluating pupil progress.
The teacher shall maintain the responsibility and right to
determine grades and other evaluations of students within the
grading policies of the district based upon his or her
professional judgment of available criteria pertinent to any
given subject area or activity for which he or she is
responsible. District policy shall provide the procedure and
reasons by and for which a grade may be changed; provided
that no grade or evaluation shall be changed without
notification to the teacher concerning the nature and reasons
for such change. If such a change is made, the person making
the change shall assume such responsibility for determining
the grade or evaluation, and shall initial such change.
(b) School districts shall not promote are discouraged
from promoting students to the next higher grade level based
upon age or any other social reasons not related to the
academic performance of the students. On or before September
1, 1998, school boards shall may adopt and enforce a policy
such policies on promotion as they deem necessary to ensure
that students meet local goals and objectives and can perform
at the expected grade level prior to promotion. Decisions to
promote or retain students in any classes shall be based on
successful completion of the curriculum, attendance,
performance based on Illinois Goals and Assessment Program
tests, the Iowa Test of Basic Skills, or other testing or any
other criteria established by the school board. Students
determined by the local district to not qualify for promotion
to the next higher grade shall be provided remedial
assistance, which may include, but shall not be limited to, a
summer bridge program of no less than 90 hours, tutorial
sessions, increased or concentrated instructional time,
modifications to instructional materials, and retention in
grade.
(Source: P.A. 89-610, eff. 8-6-96.)
(105 ILCS 5/10-20.30 new)
Sec. 10-20.30. No pass-no play policy. Beginning with
the 1998-99 school year, the school board of each school
district that maintains any of grades 9 through 12 shall
establish, implement, and enforce a uniform and consistent
policy under which a student in any of those grades who fails
to maintain a specified minimum grade point average or a
specified minimum grade in each course in which the student
is enrolled or both is suspended from further participation
in any school-sponsored or school-supported athletic or
extracurricular activities for a specified period or until a
specified minimum grade point average or minimum grade or
both are earned by the student. Each school board shall
adopt a policy as required by this Section not later than one
year after the effective date of this amendatory Act of 1997
and shall concurrently file a copy of that policy with the
State Board of Education. After the policy has been in
effect for one year, the school board shall file a report
with the State Board of Education setting forth the number
and length of suspensions imposed under the policy during the
period covered by the report. If the school board already has
a policy that is consistent with the requirements of this
Section in effect on the effective date of this amendatory
Act of 1997, it shall file a copy of that policy with the
State Board of Education within 90 days after the effective
date of this amendatory Act and shall file the annual report
required under this Section 12 months thereafter.
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
have been requested to appear at a meeting of the board, or
with a hearing officer appointed by it, to discuss their
child's behavior. Such request shall be made by registered or
certified mail and shall state the time, place and purpose of
the meeting. The board, or a hearing officer appointed by it,
at such meeting shall state the reasons for dismissal and the
date on which the expulsion is to become effective. If a
hearing officer is appointed by the board he shall report to
the board a written summary of the evidence heard at the
meeting and the board may take such action thereon as it
finds appropriate.
(b) To suspend or by regulation to authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend
pupils guilty of gross disobedience or misconduct, or to
suspend pupils guilty of gross disobedience or misconduct on
the school bus from riding the school bus, and no action
shall lie against them for such suspension. The board may by
regulation authorize the superintendent of the district or
the principal, assistant principal, or dean of students of
any school to suspend pupils guilty of such acts for a period
not to exceed 10 school days. If a pupil is suspended due to
gross disobedience or misconduct on a school bus, the board
may suspend the pupil in excess of 10 school days for safety
reasons. Any suspension shall be reported immediately to the
parents or guardian of such pupil along with a full statement
of the reasons for such suspension and a notice of their
right to a review, a copy of which shall be given to the
school board. Upon request of the parents or guardian the
school board or a hearing officer appointed by it shall
review such action of the superintendent or principal,
assistant principal, or dean of students. At such review the
parents or guardian of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a
hearing officer is appointed by the board he shall report to
the board a written summary of the evidence heard at the
meeting. After its hearing or upon receipt of the written
report of its hearing officer, the board may take such action
as it finds appropriate.
(c) The Department of Human Services shall be invited to
send a representative to consult with the board at such
meeting whenever there is evidence that mental illness may be
the cause for expulsion or suspension.
(d) The board may expel a student for a definite period
of time not to exceed 2 calendar years, as determined on a
case by case basis. A student who is determined to have
brought a weapon to school, any school-sponsored activity or
event, or any activity or event which bears a reasonable
relationship to school shall be expelled for a period of not
less than one year, except that the expulsion period may be
modified by the board on a case by case basis. For purposes
of this Section, the term "weapon" means possession, use,
control or transfer of any object which may be used to cause
bodily harm, including but not limited to a weapon as defined
by Section 921 of Title 18, United States Code, firearm as
defined in Section 1.1 of the Firearm Owners Identification
Act, use of weapon as defined in Section 24-1 of the Criminal
Code, knives, guns, firearms, rifles, shotguns, brass
knuckles, billy clubs, or "look-alikes" thereof. Such items
as baseball bats, pipes, bottles, locks, sticks, pencils, and
pens may be considered weapons if used or attempted to be
used to cause bodily harm. Expulsion or suspension shall be
construed in a manner consistent with the Federal Individuals
with Disabilities Education Act. A student who is subject to
suspension or expulsion as provided in this Section may be
eligible for a transfer to an alternative school program in
accordance with Article 13A of the School Code. The
provisions of this subsection (d) apply in all school
districts, including special charter districts and districts
organized under Article 34.
(e) To maintain order and security in the schools,
school authorities may inspect and search places and areas
such as lockers, desks, parking lots, and other school
property and equipment owned or controlled by the school, as
well as personal effects left in those places and areas by
students, without notice to or the consent of the student,
and without a search warrant. As a matter of public policy,
the General Assembly finds that students have no reasonable
expectation of privacy in these places and areas or in their
personal effects left in these places and areas. School
authorities may request the assistance of law enforcement
officials for the purpose of conducting inspections and
searches of lockers, desks, parking lots, and other school
property and equipment owned or controlled by the school for
illegal drugs, weapons, or other illegal or dangerous
substances or materials, including searches conducted through
the use of specially trained dogs. If a search conducted in
accordance with this Section produces evidence that the
student has violated or is violating either the law, local
ordinance, or the school's policies or rules, such evidence
may be seized by school authorities, and disciplinary action
may be taken. School authorities may also turn over such
evidence to law enforcement authorities. The provisions of
this subsection (e) apply in all school districts, including
special charter districts and districts organized under
Article 34.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97.)
(105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
Sec. 10-22.20. Classes for adults and youths whose
schooling has been interrupted; Conditions for State
reimbursement; Use of child care facilities.
(a) To establish special classes for the instruction (1)
of persons of age 21 years or over, and (2) of persons less
than age 21 and not otherwise in attendance in public school,
for the purpose of providing adults in the community, and
youths whose schooling has been interrupted, with such
additional basic education, vocational skill training, and
other instruction as may be necessary to increase their
qualifications for employment or other means of self-support
and their ability to meet their responsibilities as citizens
including courses of instruction regularly accepted for
graduation from elementary or high schools and for
Americanization and General Educational Development Review
classes.
The board shall pay the necessary expenses of such
classes out of school funds of the district, including costs
of student transportation and such facilities or provision
for child-care as may be necessary in the judgment of the
board to permit maximum utilization of the courses by
students with children, and other special needs of the
students directly related to such instruction. The expenses
thus incurred shall be subject to State reimbursement, as
provided in this Section. The board may make a tuition
charge for persons taking instruction who are not subject to
State reimbursement, such tuition charge not to exceed the
per capita cost of such classes.
The cost of such instruction, including the additional
expenses herein authorized, incurred for recipients of
financial aid under the Illinois Public Aid Code, or for
persons for whom education and training aid has been
authorized under Section 9-8 of that Code, shall be assumed
in its entirety from funds appropriated by the State to the
State Board of Education.
(b) The State Board of Education and the Illinois
Community College Board shall annually enter into an
interagency agreement to implement this Section. The
interagency agreement shall establish the standards for the
courses of instruction reimbursed under this Section. The
State Board of Education shall supervise the administration
of the programs. The State Board of Education shall
determine the cost of instruction in accordance with
standards jointly established by the State Board of Education
and the Illinois Community College Board as set forth in the
interagency agreement, including therein other incidental
costs as herein authorized, which shall serve as the basis of
State reimbursement in accordance with the provisions of
this Section. In the approval of programs and the
determination of the cost of instruction, the State Board of
Education shall provide for the maximum utilization of
federal funds for such programs. The interagency agreement
shall also include:
(1) the development of an index of need for program
planning and for area funding allocations as defined by
the State Board of Education;
(2) the method for calculating hours of
instruction, as defined by the State Board of Education,
claimable for reimbursement and a method to phase in the
calculation and for adjusting the calculations in cases
where the services of a program are interrupted due to
circumstances beyond the control of the program provider;
(3) a plan for the reallocation of funds to
increase the amount allocated for grants based upon
program performance as set forth in subsection (d) below;
and
(4) the development of standards for determining
grants based upon performance as set forth in subsection
(d) below and a plan for the phased-in implementation of
those standards.
For instruction provided by school districts and
community college districts beginning July 1, 1996 and
thereafter, reimbursement provided by the State Board of
Education for classes authorized by this Section shall be
provided pursuant to the terms of the interagency agreement
from funds appropriated for the reimbursement criteria set
forth in subsection (c) below.
(c) Upon the annual approval of the interagency
agreement, reimbursement shall be first provided for
transportation, child care services, and other special needs
of the students directly related to instruction and then from
the funds remaining an amount equal to the product of the
total credit hours or units of instruction approved by the
State Board of Education, multiplied by the following:
(1) For adult basic education, the maximum
reimbursement per credit hour or per unit of instruction
shall be equal to the general state aid per pupil
foundation level established in subsections 5(a) through
5(d) of Section 18-8 or subsection (B) of Section
18-8.05, divided by 60;
(2) The maximum reimbursement per credit hour or
per unit of instruction in subparagraph (1) above shall
be weighted for students enrolled in classes defined as
vocational skills and approved by the State Board of
Education by 1.25;
(3) The maximum reimbursement per credit hour or
per unit of instruction in subparagraph (1) above shall
be multiplied by .90 for students enrolled in classes
defined as adult secondary education programs and
approved by the State Board of Education;
(4) For community college districts the maximum
reimbursement per credit hour in subparagraphs (1), (2),
and (3) above shall be reduced by the Adult Basic
Education/Adult Secondary Education/English As A Second
Language credit hour grant rate prescribed in Section
2-16.02 of the Public Community College Act, as pro-rated
to the appropriation level; and
(5) Programs receiving funds under the formula that
was in effect during the 1994-1995 program year which
continue to be approved and which generate at least 80%
of the hours claimable in 1994-95, or in the case of
programs not approved in 1994-95 at least 80% of the
hours claimable in 1995-96, shall have funding for
subsequent years based upon 100% of the 1995-96 formula
funding level for 1996-97, 90% of the 1995-96 formula
funding level for 1997-98, 80% of the 1995-96 formula
funding level for 1998-99, and 70% of the 1995-96 formula
funding level for 1999-2000. For any approved program
which generates less than 80% of the claimable hours in
its base year, the level of funding pursuant to this
paragraph shall be reduced proportionately. Funding for
program years after 1999-2000 shall be pursuant to the
interagency agreement.
(d) Upon the annual approval of the interagency
agreement, the State Board of Education shall provide grants
to eligible programs for supplemental activities to improve
or expand services under the Adult Education Act. Eligible
programs shall be determined based upon performance outcomes
of students in the programs as set forth in the interagency
agreement.
(e) Reimbursement under this Section shall not exceed
the actual costs of the approved program.
If the amount appropriated to the State Board of
Education for reimbursement under this Section is less than
the amount required under this Act, the apportionment shall
be proportionately reduced.
School districts and community college districts may
assess students up to $3.00 per credit hour, for classes
other than Adult Basic Education level programs, if needed to
meet program costs.
(f) An education plan shall be established for each
adult or youth whose schooling has been interrupted and who
is participating in the instructional programs provided under
this Section.
Each school board and community college shall keep an
accurate and detailed account of the students assigned to and
receiving instruction under this Section who are subject to
State reimbursement and shall submit reports of services
provided commencing with fiscal year 1997 as required in the
interagency agreement.
For classes authorized under this Section, a credit hour
or unit of instruction is equal to 15 hours of direct
instruction for students enrolled in approved adult education
programs at midterm and making satisfactory progress, in
accordance with standards jointly established by the State
Board of Education and the Illinois Community College Board
as set forth in the interagency agreement.
(g) Upon proof submitted to the Illinois Department of
Human Services of the payment of all claims submitted under
this Section, that Department shall apply for federal funds
made available therefor and any federal funds so received
shall be paid into the General Revenue Fund in the State
Treasury.
School districts or community colleges providing classes
under this Section shall submit applications to the State
Board of Education for preapproval in accordance with the
standards jointly established by the State Board of Education
and the Illinois Community College Board as set forth in the
interagency agreement. Payments shall be made by the State
Board of Education based upon approved programs. Interim
expenditure reports may be required by the State Board of
Education as set forth in the interagency agreement. Final
claims for the school year shall be submitted to the regional
superintendents for transmittal to the State Board of
Education as set forth in the interagency agreement. Final
adjusted payments shall be made by September 30.
If a school district or community college district fails
to provide, or is providing unsatisfactory or insufficient
classes under this Section, the State Board of Education may
enter into agreements with public or private educational or
other agencies other than the public schools for the
establishment of such classes.
(h) If a school district or community college district
establishes child-care facilities for the children of
participants in classes established under this Section, it
may extend the use of these facilities to students who have
obtained employment and to other persons in the community
whose children require care and supervision while the parent
or other person in charge of the children is employed or
otherwise absent from the home during all or part of the day.
It may make the facilities available before and after as well
as during regular school hours to school age and preschool
age children who may benefit thereby, including children who
require care and supervision pending the return of their
parent or other person in charge of their care from
employment or other activity requiring absence from the home.
The State Board of Education shall pay to the board the
cost of care in the facilities for any child who is a
recipient of financial aid under The Illinois Public Aid
Code.
The board may charge for care of children for whom it
cannot make claim under the provisions of this Section. The
charge shall not exceed per capita cost, and to the extent
feasible, shall be fixed at a level which will permit
utilization by employed parents of low or moderate income.
It may also permit any other State or local governmental
agency or private agency providing care for children to
purchase care.
After July 1, 1970 when the provisions of Section
10-20.20 become operative in the district, children in a
child-care facility shall be transferred to the kindergarten
established under that Section for such portion of the day as
may be required for the kindergarten program, and only the
prorated costs of care and training provided in the Center
for the remaining period shall be charged to the Illinois
Department of Human Services or other persons or agencies
paying for such care.
(i) The provisions of this Section shall also apply to
school districts having a population exceeding 500,000.
(Source: P.A. 89-507, eff. 7-1-97; 89-524, eff. 7-19-96;
revised 8-15-96; 90-14, eff. 7-1-97.)
(105 ILCS 5/10-22.23) (from Ch. 122, par. 10-22.23)
Sec. 10-22.23. School Nurse. To employ a registered
professional nurse and define the duties of the school nurse
within the guidelines of rules and regulations promulgated by
the State Board of Education. Any school nurse first
employed on or after July 1, 1976, whose duties require
teaching or the exercise of instructional judgment or
educational evaluation of pupils, must be certificated under
Section 21-25 of this Act. School districts may employ
non-certificated registered professional nurses to perform
professional nursing services.
(Source: P.A. 81-1508.)
(105 ILCS 5/10-22.34c new)
Sec. 10-22.34c. Third party non-instructional services.
Notwithstanding any other law of this State, nothing in this
Code prevents a board of education from entering into a
contract with a third party for non-instructional services
currently performed by any employee or bargaining unit member
or from laying off those educational support personnel
employees upon 30 days written notice to the affected
employees.
(105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
Sec. 10-23.5. Educational support personnel employees.
To employ such educational support personnel employees as it
deems advisable and to define their employment duties;
provided that residency within any school district shall not
be considered in determining the employment or the
compensation of any such employee, or whether to retain,
promote, assign or transfer such employee. If an educational
support personnel employee is removed or dismissed as a
result of a decision of the school board to decrease the
number of educational support personnel employees employed by
the board or to discontinue some particular type of
educational support service, written notice shall be mailed
to the employee and also given the employee either by
certified mail, return receipt requested or personal delivery
with receipt at least 30 60 days before the employee is
removed or dismissed end of the school term, together with a
statement of honorable dismissal and the reason therefor.
The employee with the shorter length of continuing service
with the district, within the respective category of
position, shall be dismissed first unless an alternative
method of determining the sequence of dismissal is
established in a collective bargaining agreement or contract
between the board and any exclusive bargaining agent and
except that this provision shall not impair the operation of
any affirmative action program in the district, regardless of
whether it exists by operation of law or is conducted on a
voluntary basis by the board. If the board has any vacancies
for the following school term or within one calendar year
from the beginning of the following school term, the
positions thereby becoming available within a specific
category of position shall be tendered to the employees so
removed or dismissed from that category of position, so far
as they are qualified to hold such positions. Each board
shall, in consultation with any exclusive employee
representative or bargaining agent, each year establish a
list, categorized by positions, showing the length of
continuing service of each full time educational support
personnel employee who is qualified to hold any such
positions, unless an alternative method of determining a
sequence of dismissal is established as provided for in this
Section, in which case a list shall be made in accordance
with the alternative method. Copies of the list shall be
distributed to the exclusive employee representative or
bargaining agent on or before February 1 of each year. Where
an educational support personnel employee is dismissed by the
board as a result of a decrease in the number of employees or
the discontinuance of the employee's job, the employee shall
be paid all earned compensation on or before the third
business day following his or her last day of employment.
The provisions of this amendatory Act of 1986 relating to
residency within any school district shall not apply to
cities having a population exceeding 500,000 inhabitants.
(Source: P.A. 89-618, eff. 8-9-96.)
(105 ILCS 5/10-23.8) (from Ch. 122, par. 10-23.8)
Sec. 10-23.8. Superintendent contracts under multi-year
contract. After the effective date of this amendatory Act of
1997 and the expiration of contracts in effect on the
effective date of this amendatory Act, school districts may
only To employ a superintendent under either a contract for a
period not exceeding one year or a multi-year
performance-based contract for a period not exceeding 5
years. No such contract can be offered or accepted for less
than or more than three years, except for a person serving as
superintendent for the first time in Illinois. In such case,
the initial contract shall be for a two year period. Such
contract may be discontinued at any time by mutual agreement
of the contracting parties, or may be extended for an
additional 3 years at the end of any year.
Performance-based contracts shall be linked to student
performance and academic improvement within the schools of
the districts. No performance-based contract shall be
extended or rolled-over prior to its scheduled expiration
unless all the performance and improvement goals contained in
the contract have been met. Each performance-based contract
shall include the goals and indicators of student performance
and academic improvement determined and used by the local
school board to measure the performance and effectiveness of
the superintendent and such other information as the local
school board may determine.
The contract year is July 1 through the following June
30, unless the contract specifically provides otherwise.
Notice of intent not to renew the contract must be given by
the board or by the superintendent by April 1 of the year in
which the contract expires, unless the contract specifically
provides otherwise. Failure to do so will automatically
extend the contract for 1 additional year. The provisions of
this paragraph shall not apply to a district under a
Financial Oversight Panel pursuant to Section 1A-8 for
violating a financial plan.
Notice of intent not to renew a contract when given by a
board must be in writing, stating the specific reason
therefor. Within 10 days after receipt of such notice of
intent not to renew a contract, the superintendent may
request a closed session hearing on the dismissal. At the
hearing the superintendent has the privilege of presenting
evidence, witnesses and defenses on the grounds for
dismissal. The provisions of this paragraph shall not apply
to a district under a Financial Oversight Panel pursuant to
Section 1A-8 for violating a financial plan.
By accepting the terms of a multi-year contract, the
superintendent waives all rights granted him or her under
Sections 24-11 through 24-16 of this Act for the duration of
his or her employment as superintendent in the district.
(Source: P.A. 89-572, eff. 7-30-96.)
(105 ILCS 5/10-23.8a) (from Ch. 122, par. 10-23.8a)
Sec. 10-23.8a. Principal and other administrator
contracts under multi-year contract. After the effective date
of this amendatory Act of 1997 and the expiration of
contracts in effect on the effective date of this amendatory
Act, school districts may only To employ principals and other
school administrators under either a contract for a period
not to exceed one year or a principal under a multi-year
performance-based contract for a period not to exceed 5
years. No such contract can be offered or accepted for less
than or more than 3 years, except for a person serving as
principal for the first time in Illinois. In such case, the
initial contract shall be for a 2 year period. Such contract
may be discontinued at any time by mutual agreement of the
contracting parties, or may be extended for an additional 3
years at the end of any year.
Performance-based contracts shall be linked to student
performance and academic improvement attributable to the
responsibilities and duties of the principal or
administrator. No performance-based contract shall be
extended or rolled-over prior to its scheduled expiration
unless all the performance and improvement goals contained in
the contract have been met. Each performance-based contract
shall include the goals and indicators of student performance
and academic improvement determined and used by the local
school board to measure the performance and effectiveness of
the principal or other administrator and such other
information as the local school board may determine.
The contract year is July 1 through the following
June 30, unless the contract specifically provides otherwise.
Notice of intent not to renew the contract must be given by
the board or by the principal at least 90 days before the
contract expires. Failure to do so will automatically extend
the contract for 1 additional year. If offered by a school
board, each individual principal shall have the option to
accept or refuse a multi-year contract. The provisions of
this paragraph shall not apply to a district under a
Financial Oversight Panel pursuant to Section 1A-8 for
violating a financial plan.
By accepting the terms of a multi-year contract, the
principal or administrator waives all rights granted him or
her under Sections 24-11 through 24-16 of this Act for the
duration of his or her employment as a principal or an
administrator in the district.
(Source: P.A. 89-572, eff. 7-30-96.)
(105 ILCS 5/17-1.5 new)
Sec. 17-1.5. Limitation of administrative costs.
(a) It is the purpose of this Section to establish
limitations on the growth of administrative expenditures in
order to maximize the proportion of school district resources
available for the instructional program, building
maintenance, and safety services for the students of each
district.
(b) Definitions. For the purposes of this Section:
"Administrative expenditures" mean the annual
expenditures of school districts properly attributable to
expenditure functions defined by the rules of the State Board
of Education as: 2310 (Board of Education Services); 2320
(Executive Administration Services); 2330 (Special Area
Administration Services); 2490 (Other Support Services -
School Administration); 2510 (Direction of Business Support
Services); 2520 (Fiscal Services); 2570 (Internal Services);
2600 (Total Support Services - Central); and all
expenditures properly attributable for the Service Area
Direction of functions 2540 (Operations and Maintenance of
Plant Services), 2550 (Pupil Transportation Services), and
2560 (Food Services).
"Instructional expenditures" mean the annual expenditures
of school districts properly attributable to expenditure
functions defined by the rules of the State Board of
Education as: 1100 (Regular Programs); 1200 (Special
Education Programs); 1250 (Educational Deprived/Remedial
Programs); 1300 (Adult/Continuing Education Programs); 1400
(Vocational Programs); 1500 (Interscholastic Programs); 1600
(Summer School Programs); 1650 (Gifted Programs); 1800
(Bilingual Programs); and 1900 (Truants' Alternative and
Optional Programs).
"School district" means all school districts having a
population of less than 500,000.
(c) For the 1998-99 school year and each school year
thereafter, each school district shall undertake budgetary
and expenditure control actions so that the increase in
administrative expenditures for that school year over the
prior school year do not exceed the lesser of 5% or the
percentage increase in instructional expenditures for that
school year over the prior school year. School districts
with administrative expenditures per pupil in the 25th
percentile and below for all districts of the same type, as
defined by the State Board of Education, may waive the
limitation imposed under this Section for any year with the
affirmative vote of at least two-thirds of the members of the
school board of the district.
(d) School districts shall file with the State Board of
Education by October 15, 1998 and by each October 15th
thereafter a one-page report that lists (i) the actual
administrative expenditures and the actual instructional
expenditures for the prior year from the district's audited
Annual Financial Report, and (ii) the projected
administrative expenditures and the projected instructional
expenditures for the current year from the budget adopted by
the school board pursuant to Section 17-1 of this Code. If
the report and information required under this subsection (d)
is not provided by the school district in a timely manner, or
is initially or subsequently determined by the State
Superintendent of Education to be incomplete or inaccurate,
the State Superintendent shall notify the district in writing
of reporting deficiencies. The school district shall, within
60 days of the notice, address the reporting deficiencies
identified. If the State Superintendent does not receive a
satisfactory response to these reporting deficiencies within
these 60 days, the next payment of general State aid due the
district under Section 18-8 of this Code, and all subsequent
payments, may be withheld until the deficiencies have been
addressed.
(e) If the State Superintendent determines that a school
district has failed to comply with the administrative
expenditure limitation imposed in subsection (c) of this
Section by adopting a budget in violation of the limitation
or by having actual administrative expenditures for the prior
year in excess of the limitation, the State Superintendent
shall notify the district of the violation and direct the
district to undertake corrective action to bring the
district's budget into compliance with the administrative
expenditure limitation. The district shall, within 60 days
of the notice, provide adequate assurance to the State
Superintendent that appropriate corrective actions have been
or will be taken. If the district fails to provide adequate
assurance or fails to undertake the necessary corrective
actions, the State Superintendent may withhold all subsequent
payments of general State aid due the district under Section
18-8 of this Code until the assurance is provided or the
corrective actions taken.
(f) The State Superintendent shall publish a list each
year of the school districts that violate the limitation
imposed by subsection (c) of this Section. The State Board
of Education may recommend to the General Assembly and the
Governor any additional sanctions or remedial actions that
they determine necessary to deter non-compliance with the
limitation.
(105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
Sec. 18-4.3. Summer school grants. Grants shall be
determined for pupil attendance in summer schools conducted
under Sections 10-22.33A and 34-18 and approved under Section
2-3.25 in the following manner.
The amount of grant for each accredited summer school
attendance pupil shall be obtained by dividing the total
amount of apportionments determined under subsections (1) and
(2) of Section 18-8 or Section 18-8.05 by the actual number
of pupils in average daily attendance used for such
apportionments. The number of credited summer school
attendance pupils shall be determined (a) by counting clock
hours of class instruction by pupils enrolled in grades 1
through 12 in approved courses conducted at least 60 clock
hours in summer sessions; (b) by dividing such total of clock
hours of class instruction by 4 to produce days of credited
pupil attendance; (c) by dividing such days of credited pupil
attendance by the actual number of days in the regular term
as used in computation in the general apportionment in
Section 18-8; and (d) by multiplying by 1.25.
The amount of the grant for a summer school program
approved by the State Superintendent of Education for
children with disabilities, as defined in Sections 14-1.02
through 14-1.07, shall be determined in the manner contained
above except that average daily membership shall be utilized
in lieu of average daily attendance.
In the case of an apportionment based on summer school
attendance or membership pupils, the claim therefor shall be
presented as a separate claim for the particular school year
in which such summer school session ends. On or before
October 15 of each year the superintendent of each eligible
school district shall certify to the regional superintendent
the claim of the district for the summer session just ended.
Failure on the part of the school board to so certify shall
constitute a forfeiture of its right to such payment. The
regional superintendent shall certify to the State
Superintendent of Education no later than November 1 the
regional report of claims for summer school. The State
Superintendent of Education shall transmit to the Comptroller
no later than December 15th of each year vouchers for payment
of amounts due school districts for summer school. The State
Superintendent of Education shall direct the Comptroller to
draw his warrants for payments thereof by the 30th day of
December. If the money appropriated by the General Assembly
for such purpose for any year is insufficient, it shall be
apportioned on the basis of claims approved.
However, notwithstanding the foregoing provisions, for
each fiscal year the money appropriated by the General
Assembly for the purposes of this Section shall only be used
for grants for approved summer school programs for those
children with disabilities served pursuant to Sections
14-7.02 and 14-7.02a of the School Code.
(Source: P.A. 88-9; 88-641, eff. 9-9-94; 89-397, eff.
8-20-95.)
(105 ILCS 5/18-7) (from Ch. 122, par. 18-7)
Sec. 18-7. Payments for benefit of teacher retirement
systems.
(a) In each fiscal year through fiscal year 1998, the
State Board of Education shall distribute to the Public
School Teachers' Pension and Retirement Fund of Chicago the
sum, if any, appropriated for that fiscal year from the
Common School Fund for the benefit of the Retirement Fund, in
the manner provided in this Section, the Illinois Pension
Code, the State Finance Act, and other applicable provisions
of law. In making this distribution, the State Board of
Education shall present vouchers to the State Comptroller on
the 10th and 20th days of each month beginning in August.
Each payment shall equal 1/24 of the annual amount
appropriated in the months of August through May and 1/12 of
the annual amount appropriated in June.
Beginning in fiscal year 1999, the State contributions to
the Public School Teachers' Pension and Retirement Fund of
Chicago shall be appropriated directly to the Fund and paid
in vouchers submitted by the board of trustees of the Fund.
Vouchers submitted under this subsection shall be paid by the
State Comptroller and Treasurer by warrants drawn on funds
appropriated to the Public School Teachers' Pension and
Retirement Fund of Chicago State Board of Education for that
purpose.
(b) The State Board of Education shall, in State fiscal
year 1995, pay to the Teachers' Retirement System of the
State of Illinois the amount appropriated for the required
State contribution to the System for that fiscal year. The
State Board of Education shall present vouchers to the State
Comptroller for this purpose on the 10th and 20th days of
each month of the fiscal year, other than the month of July.
Each payment in the months of August through May shall equal
1/24 of the amount appropriated for that fiscal year; each
payment in the month of June shall equal 1/12 of the amount
appropriated for that fiscal year.
Vouchers submitted under this subsection shall be paid by
the State Comptroller and Treasurer by warrants drawn on
funds appropriated to the State Board of Education for that
purpose.
(c) Beginning in State fiscal year 1996, the required
State contributions to the Teachers' Retirement System of the
State of Illinois shall be appropriated directly to the
System and paid on vouchers submitted by the board of
trustees of the retirement system, as provided in Section
16-158 of the Illinois Pension Code. These vouchers shall be
paid by the State Comptroller and Treasurer by warrants drawn
on funds appropriated to the retirement system for that
purpose.
(Source: P.A. 88-593, eff. 8-22-94.)
(105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
Sec. 18-8. Basis for apportionment to districts,
laboratory schools and alternative schools.
A. The amounts to be apportioned for school years prior
to the 1998-1999 school year shall be determined for each
educational service region by school districts, as follows:
1. General Provisions.
(a) In the computation of the amounts to be apportioned,
the average daily attendance of all pupils in grades 9
through 12 shall be multiplied by 1.25. The average daily
attendance of all pupils in grades 7 and 8 shall be
multiplied by 1.05.
(b) The actual number of pupils in average daily
attendance shall be computed in a one-teacher school district
by dividing the total aggregate days of pupil attendance by
the actual number of days school is in session but not more
than 30 such pupils shall be accredited for such type of
district; and in districts of 2 or more teachers, or in
districts where records of attendance are kept by session
teachers, by taking the sum of the respective averages of the
units composing the group.
(c) Pupils in average daily attendance shall be computed
upon the average of the best 3 months of pupils attendance of
the current school year except as district claims may be
later amended as provided hereinafter in this Section.
However, for any school district maintaining grades
kindergarten through 12, the "average daily attendance" shall
be computed on the average of the best 3 months of pupils
attendance of the current year in grades kindergarten through
8, added together with the average of the best 3 months of
pupils attendance of the current year in grades 9 through 12,
except as district claims may be later amended as provided in
this Section. Days of attendance shall be kept by regular
calendar months, except any days of attendance in August
shall be added to the month of September and any days of
attendance in June shall be added to the month of May.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of
not less than 5 clock hours of school work per day under
direct supervision of: (i) teachers, or (ii) non-teaching
personnel or volunteer personnel when engaging in
non-teaching duties and supervising in those instances
specified in subsection (a) of Section 10-22.34 and paragraph
10 of Section 34-18, with pupils of legal school age and in
kindergarten and grades 1 through 12.
(d) Pupils regularly enrolled in a public school for
only a part of the school day may be counted on the basis of
1/6 day for every class hour of instruction of 40 minutes or
more attended pursuant to such enrollment.
(e) Days of attendance may be less than 5 clock hours on
the opening and closing of the school term, and upon the
first day of pupil attendance, if preceded by a day or days
utilized as an institute or teachers' workshop.
(f) A session of 4 or more clock hours may be counted as
a day of attendance upon certification by the regional
superintendent, and approved by the State Superintendent of
Education to the extent that the district has been forced to
use daily multiple sessions.
(g) A session of 3 or more clock hours may be counted as
a day of attendance (1) when the remainder of the school day
or at least 2 hours in the evening of that day is utilized
for an in-service training program for teachers, up to a
maximum of 5 days per school year of which a maximum of 4
days of such 5 days may be used for parent-teacher
conferences, provided a district conducts an in-service
training program for teachers which has been approved by the
State Superintendent of Education; or, in lieu of 4 such
days, 2 full days may be used, in which event each such day
may be counted as a day of attendance; and (2) when days in
addition to those provided in item (1) are scheduled by a
school pursuant to its school improvement plan adopted under
Article 34 or its revised or amended school improvement plan
adopted under Article 2, provided that (i) such sessions of 3
or more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which
such sessions occur are utilized for in-service training
programs or other staff development activities for teachers,
and (iii) a sufficient number of minutes of school work under
the direct supervision of teachers are added to the school
days between such regularly scheduled sessions to accumulate
not less than the number of minutes by which such sessions of
3 or more clock hours fall short of 5 clock hours. Any full
days used for the purposes of this paragraph shall not be
considered for computing average daily attendance. Days
scheduled for in-service training programs, staff development
activities, or parent-teacher conferences may be scheduled
separately for different grade levels and different
attendance centers of the district.
(h) A session of not less than one clock hour teaching
of hospitalized or homebound pupils on-site or by telephone
to the classroom may be counted as 1/2 day of attendance,
however these pupils must receive 4 or more clock hours of
instruction to be counted for a full day of attendance.
(i) A session of at least 4 clock hours may be counted
as a day of attendance for first grade pupils, and pupils in
full day kindergartens, and a session of 2 or more hours may
be counted as 1/2 day of attendance by pupils in
kindergartens which provide only 1/2 day of attendance.
(j) For children with disabilities who are below the age
of 6 years and who cannot attend two or more clock hours
because of their disability or immaturity, a session of not
less than one clock hour may be counted as 1/2 day of
attendance; however for such children whose educational needs
so require a session of 4 or more clock hours may be counted
as a full day of attendance.
(k) A recognized kindergarten which provides for only
1/2 day of attendance by each pupil shall not have more than
1/2 day of attendance counted in any 1 day. However,
kindergartens may count 2 1/2 days of attendance in any 5
consecutive school days. Where a pupil attends such a
kindergarten for 2 half days on any one school day, such
pupil shall have the following day as a day absent from
school, unless the school district obtains permission in
writing from the State Superintendent of Education.
Attendance at kindergartens which provide for a full day of
attendance by each pupil shall be counted the same as
attendance by first grade pupils. Only the first year of
attendance in one kindergarten shall be counted except in
case of children who entered the kindergarten in their fifth
year whose educational development requires a second year of
kindergarten as determined under the rules and regulations of
the State Board of Education.
(l) Days of attendance by tuition pupils shall be
accredited only to the districts that pay the tuition to a
recognized school.
(m) The greater of the immediately preceding year's
weighted average daily attendance or the average of the
weighted average daily attendance of the immediately
preceding year and the previous 2 years shall be used.
For any school year beginning July 1, 1986 or thereafter,
if the weighted average daily attendance in either grades
kindergarten through 8 or grades 9 through 12 of a district
as computed for the first calendar month of the current
school year exceeds by more than 5%, but not less than 25
pupils, the district's weighted average daily attendance for
the first calendar month of the immediately preceding year
in, respectively, grades kindergarten through 8 or grades 9
through 12, a supplementary payment shall be made to the
district equal to the difference in the amount of aid the
district would be paid under this Section using the weighted
average daily attendance in the district as computed for the
first calendar month of the current school year and the
amount of aid the district would be paid using the weighted
average daily attendance in the district for the first
calendar month of the immediately preceding year. Such
supplementary State aid payment shall be paid to the district
as provided in Section 18-8.4 and shall be treated as
separate from all other payments made pursuant to this
Section 18-8.
(n) The number of low income eligible pupils in a
district shall result in an increase in the weighted average
daily attendance calculated as follows: The number of low
income pupils shall increase the weighted ADA by .53 for each
student adjusted by dividing the percent of low income
eligible pupils in the district by the ratio of eligible low
income pupils in the State to the best 3 months' weighted
average daily attendance in the State. In no case may the
adjustment under this paragraph result in a greater weighting
than .625 for each eligible low income student. The number
of low income eligible pupils in a district shall be the
low-income eligible count from the most recently available
federal census and the weighted average daily attendance
shall be calculated in accordance with the other provisions
of this paragraph.
(o) Any school district which fails for any given school
year to maintain school as required by law, or to maintain a
recognized school is not eligible to file for such school
year any claim upon the common school fund. In case of
nonrecognition of one or more attendance centers in a school
district otherwise operating recognized schools, the claim of
the district shall be reduced in the proportion which the
average daily attendance in the attendance center or centers
bear to the average daily attendance in the school district.
A "recognized school" means any public school which meets the
standards as established for recognition by the State Board
of Education. A school district or attendance center not
having recognition status at the end of a school term is
entitled to receive State aid payments due upon a legal claim
which was filed while it was recognized.
(p) School district claims filed under this Section are
subject to Sections 18-9, 18-10 and 18-12, except as herein
otherwise provided.
(q) The State Board of Education shall secure from the
Department of Revenue the value as equalized or assessed by
the Department of Revenue of all taxable property of every
school district together with the applicable tax rate used in
extending taxes for the funds of the district as of September
30 of the previous year. The Department of Revenue shall add
to the equalized assessed value of all taxable property of
each school district situated entirely or partially within a
county with 2,000,000 or more inhabitants an amount equal to
the total amount by which the homestead exemptions allowed
under Sections 15-170 and 15-175 of the Property Tax Code for
real property situated in that school district exceeds the
total amount that would have been allowed in that school
district as homestead exemptions under those Sections if the
maximum reduction under Section 15-170 of the Property Tax
Code was $2,000 and the maximum reduction under Section
15-175 of the Property Tax Code was $3,500. The county clerk
of any county with 2,000,000 or more inhabitants shall
annually calculate and certify to the Department for each
school district all homestead exemption amounts required by
this amendatory Act of 1992. In a new district which has not
had any tax rates yet determined for extension of taxes, a
leveled uniform rate shall be computed from the latest amount
of the fund taxes extended on the several areas within such
new district.
(r) If a school district operates a full year school
under Section 10-19.1, the general state aid to the school
district shall be determined by the State Board of Education
in accordance with this Section as near as may be applicable.
2. New or recomputed claim. The general State aid
entitlement for a newly created school district or a district
which has annexed an entire school district shall be computed
using attendance, compensatory pupil counts, equalized
assessed valuation, and tax rate data which would have been
used had the district been in existence for 3 years. General
State aid entitlements shall not be recomputed except as
permitted herein.
3. Impaction. Impaction payments shall be made as
provided for in Section 18-4.2.
4. Summer school. Summer school payments shall be made
as provided in Section 18-4.3.
5. Computation of State aid. The State grant shall be
determined as follows:
(a) The State shall guarantee the amount of money that a
district's operating tax rate as limited in other Sections of
this Act would produce if every district maintaining grades
kindergarten through 12 had an equalized assessed valuation
equal to $74,791 per weighted ADA pupil; every district
maintaining grades kindergarten through 8 had an equalized
assessed valuation of $108,644 per weighted ADA pupil; and
every district maintaining grades 9 through 12 had an
equalized assessed valuation of $187,657 per weighted ADA
pupil. The State Board of Education shall adjust the
equalized assessed valuation amounts stated in this
paragraph, if necessary, to conform to the amount of the
appropriation approved for any fiscal year.
(b) The operating tax rate to be used shall consist of
all district taxes extended for all purposes except community
college educational purposes for the payment of tuition under
Section 6-1 of the Public Community College Act, Bond and
Interest, Summer School, Rent, Capital Improvement and
Vocational Education Building. Any district may elect to
exclude Transportation from the calculation of its operating
tax rate. Districts may include taxes extended for the
payment of principal and interest on bonds issued under the
provisions of Sections 17-2.11a and 20-2 at a rate of .05%
per year for each purpose or the actual rate extended,
whichever is less.
(c) For calculation of aid under this Act a district
shall use the combined authorized tax rates of all funds not
exempt in (b) above, not to exceed 2.76% of the value of all
its taxable property as equalized or assessed by the
Department of Revenue for districts maintaining grades
kindergarten through 12; 1.90% of the value of all its
taxable property as equalized or assessed by the Department
of Revenue for districts maintaining grades kindergarten
through 8 only; 1.10% of the value of all its taxable
property as equalized or assessed by the Department of
Revenue for districts maintaining grades 9 through 12 only.
A district may, however, as provided in Article 17, increase
its operating tax rate above the maximum rate provided in
this subsection without affecting the amount of State aid to
which it is entitled under this Act.
(d) (1) For districts maintaining grades kindergarten
through 12 with an operating tax rate as described in
subsections 5(b) and (c) of less than 2.18%, and districts
maintaining grades kindergarten through 8 with an operating
tax rate of less than 1.28%, State aid shall be computed by
multiplying the difference between the guaranteed equalized
assessed valuation per weighted ADA pupil in subsection 5(a)
and the equalized assessed valuation per weighted ADA pupil
in the district by the operating tax rate, multiplied by the
weighted average daily attendance of the district; provided,
however, that for the 1989-1990 school year only, a school
district maintaining grades kindergarten through 8 whose
operating tax rate with reference to which its general State
aid for the 1989-1990 school year is determined is less than
1.28% and more than 1.090%, and which had an operating tax
rate of 1.28% or more for the previous year, shall have its
general State aid computed according to the provisions of
subsection 5(d)(2).
(2) For districts maintaining grades kindergarten
through 12 with an operating tax rate as described in
subsection 5(b) and (c) of 2.18% and above, the State aid
shall be computed as provided in subsection (d) (1) but as
though the district had an operating tax rate of 2.76%; in
K-8 districts with an operating tax rate of 1.28% and above,
the State aid shall be computed as provided in subsection (d)
(1) but as though the district had an operating tax rate of
1.90%; and in 9-12 districts, the State aid shall be computed
by multiplying the difference between the guaranteed
equalized assessed valuation per weighted average daily
attendance pupil in subsection 5(a) and the equalized
assessed valuation per weighted average daily attendance
pupil in the district by the operating tax rate, not to
exceed 1.10%, multiplied by the weighted average daily
attendance of the district. State aid computed under the
provisions of this subsection (d) (2) shall be treated as
separate from all other payments made pursuant to this
Section. The State Comptroller and State Treasurer shall
transfer from the General Revenue Fund to the Common School
Fund the amounts necessary to permit these claims to be paid
in equal installments along with other State aid payments
remaining to be made for the 1983-1984 school year under this
Section.
(3) For any school district whose 1995 equalized
assessed valuation is at least 6% less than its 1994
equalized assessed valuation as the result of a reduction in
the equalized assessed valuation of the taxable property
within such district of any one taxpayer whose taxable
property within the district has a 1994 equalized assessed
valuation constituting at least 20% of the 1994 equalized
assessed valuation of all taxable property within the
district, the 1996-97 State aid of such district shall be
computed using its 1995 equalized assessed valuation.
(4) For any school district whose 1988 equalized
assessed valuation is 55% or less of its 1981 equalized
assessed valuation, the 1990-91 State aid of such district
shall be computed by multiplying the 1988 equalized assessed
valuation by a factor of .8. Any such school district which
is reorganized effective for the 1991-92 school year shall
use the formula provided in this subparagraph for purposes of
the calculation made pursuant to subsection (m) of this
Section.
(e) The amount of State aid shall be computed under the
provisions of subsections 5(a) through 5(d) provided the
equalized assessed valuation per weighted ADA pupil is less
than .87 of the amounts in subsection 5(a). If the equalized
assessed valuation per weighted ADA pupil is equal to or
greater than .87 of the amounts in subsection 5(a), the State
aid shall be computed under the provisions of subsection
5(f).
(f) If the equalized assessed valuation per weighted ADA
pupil is equal to or greater than .87 of the amounts in
subsection 5(a), the State aid per weighted ADA pupil shall
be computed by multiplying the product of .13 times the
maximum per pupil amount computed under the provisions of
subsections 5(a) through 5(d) by an amount equal to the
quotient of .87 times the equalized assessed valuation per
weighted ADA pupil in subsection 5(a) for that type of
district divided by the district equalized valuation per
weighted ADA pupil except in no case shall the district
receive State aid per weighted ADA pupil of less than .07
times the maximum per pupil amount computed under the
provisions of subsections 5(a) through 5(d).
(g) In addition to the above grants, summer school
grants shall be made based upon the calculation as provided
in subsection 4 of this Section.
(h) The board of any district receiving any of the
grants provided for in this Section may apply those funds to
any fund so received for which that board is authorized to
make expenditures by law.
(i) (1) (a) In school districts with an average daily
attendance of 50,000 or more, the amount which is provided
under subsection 1(n) of this Section by the application of a
base Chapter 1 weighting factor of .375 shall be distributed
to the attendance centers within the district in proportion
to the number of pupils enrolled at each attendance center
who are eligible to receive free or reduced-price lunches or
breakfasts under the federal Child Nutrition Act of 1966 and
under the National School Lunch Act during the immediately
preceding school year. The amount of State aid provided
under subsection 1(n) of this Section by the application of
the Chapter 1 weighting factor in excess of .375 shall be
distributed to the attendance centers within the district in
proportion to the total enrollment at each attendance center.
Beginning with school year 1989-90, and each school year
thereafter, all funds provided under subsection 1 (n) of this
Section by the application of the Chapter 1 weighting factor
which are in excess of the level of non-targeted Chapter 1
funds in school year 1988-89 shall be distributed to
attendance centers, and only to attendance centers, within
the district in proportion to the number of pupils enrolled
at each attendance center who are eligible to receive free or
reduced price lunches or breakfasts under the Federal Child
Nutrition Act and under the National School Lunch Act during
the immediately preceding school year. Beginning in school
year 1989-90, 25% of the previously non-targeted Chapter 1
funds as established for school year 1988-89 shall also be
distributed to the attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive free or reduced price lunches or breakfasts under the
Federal Child Nutrition Act and under the National School
Lunch Act during the immediately preceding school year; in
school year 1990-91, 50% of the previously non-targeted
Chapter 1 funds as established for school year 1988-89 shall
be distributed to attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive such free or reduced price lunches or breakfasts
during the immediately preceding school year; in school year
1991-92, 75% of the previously non-targeted Chapter 1 funds
as established for school year 1988-89 shall be distributed
to attendance centers, and only to attendance centers, in the
district in proportion to the number of pupils enrolled at
each attendance center who are eligible to receive such free
or reduced price lunches or breakfasts during the immediately
preceding school year; in school year 1992-93 and thereafter,
all funds provided under subsection 1 (n) of this Section by
the application of the Chapter 1 weighting factor shall be
distributed to attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive free or reduced price lunches or breakfasts under the
Federal Child Nutrition Act and under the National School
Lunch Act during the immediately preceding school year;
provided, however, that the distribution formula in effect
beginning with school year 1989-90 shall not be applicable to
such portion of State aid provided under subsection 1 (n) of
this Section by the application of the Chapter 1 weighting
formula as is set aside and appropriated by the school
district for the purpose of providing desegregation programs
and related transportation to students (which portion shall
not exceed 5% of the total amount of State aid which is
provided under subsection 1 (n) of this Section by
application of the Chapter 1 weighting formula), and the
relevant percentages shall be applied to the remaining
portion of such State aid. The distribution of these
portions of general State aid among attendance centers
according to these requirements shall not be compensated for
or contravened by adjustments of the total of other funds
appropriated to any attendance centers. (b) The Board of
Education shall utilize funding from one or several sources
in order to fully implement this provision annually prior to
the opening of school. The Board of Education shall apply
savings from reduced administrative costs required under
Section 34-43.1 and growth in non-Chapter 1 State and local
funds to assure that all attendance centers receive funding
to replace losses due to redistribution of Chapter 1 funding.
The distribution formula and funding to replace losses due to
the distribution formula shall occur, in full, using any and
all sources available, including, if necessary, revenue from
administrative reductions beyond those required in Section
34-43.1, in order to provide the necessary funds. (c) Each
attendance center shall be provided by the school district a
distribution of noncategorical funds and other categorical
funds to which an attendance center is entitled under law in
order that the State aid provided by application of the
Chapter 1 weighting factor and required to be distributed
among attendance centers according to the requirements of
this paragraph supplements rather than supplants the
noncategorical funds and other categorical funds provided by
the school district to the attendance centers.
Notwithstanding the foregoing provisions of this subsection
5(i)(1) or any other law to the contrary, beginning with the
1995-1996 school year and for each school year thereafter,
the board of a school district to which the provisions of
this subsection apply shall be required to allocate or
provide to attendance centers of the district in any such
school year, from the State aid provided for the district
under this Section by application of the Chapter 1 weighting
factor, an aggregate amount of not less than $261,000,000 of
State Chapter 1 funds. Any State Chapter 1 funds that by
reason of the provisions of this paragraph are not required
to be allocated and provided to attendance centers may be
used and appropriated by the board of the district for any
lawful school purpose. Chapter 1 funds received by an
attendance center (except those funds set aside for
desegregation programs and related transportation to
students) shall be used on the schedule cited in this Section
at the attendance center at the discretion of the principal
and local school council for programs to improve educational
opportunities at qualifying schools through the following
programs and services: early childhood education, reduced
class size or improved adult to student classroom ratio,
enrichment programs, remedial assistance, attendance
improvement and other educationally beneficial expenditures
which supplement the regular and basic programs as determined
by the State Board of Education. Chapter 1 funds shall not
be expended for any political or lobbying purposes as defined
by board rule. (d) Each district subject to the provisions of
this paragraph shall submit an acceptable plan to meet the
educational needs of disadvantaged children, in compliance
with the requirements of this paragraph, to the State Board
of Education prior to July 15 of each year. This plan shall
be consistent with the decisions of local school councils
concerning the school expenditure plans developed in
accordance with part 4 of Section 34-2.3. The State Board
shall approve or reject the plan within 60 days after its
submission. If the plan is rejected the district shall give
written notice of intent to modify the plan within 15 days of
the notification of rejection and then submit a modified plan
within 30 days after the date of the written notice of intent
to modify. Districts may amend approved plans pursuant to
rules promulgated by the State Board of Education.
Upon notification by the State Board of Education that
the district has not submitted a plan prior to July 15 or a
modified plan within the time period specified herein, the
State aid funds affected by said plan or modified plan shall
be withheld by the State Board of Education until a plan or
modified plan is submitted.
If the district fails to distribute State aid to
attendance centers in accordance with an approved plan, the
plan for the following year shall allocate funds, in addition
to the funds otherwise required by this subparagraph, to
those attendance centers which were underfunded during the
previous year in amounts equal to such underfunding.
For purposes of determining compliance with this
subsection in relation to Chapter 1 expenditures, each
district subject to the provisions of this subsection shall
submit as a separate document by December 1 of each year a
report of Chapter 1 expenditure data for the prior year in
addition to any modification of its current plan. If it is
determined that there has been a failure to comply with the
expenditure provisions of this subsection regarding
contravention or supplanting, the State Superintendent of
Education shall, within 60 days of receipt of the report,
notify the district and any affected local school council.
The district shall within 45 days of receipt of that
notification inform the State Superintendent of Education of
the remedial or corrective action to be taken, whether by
amendment of the current plan, if feasible, or by adjustment
in the plan for the following year. Failure to provide the
expenditure report or the notification of remedial or
corrective action in a timely manner shall result in a
withholding of the affected funds.
The State Board of Education shall promulgate rules and
regulations to implement the provisions of this subsection
5(i)(1). No funds shall be released under subsection 1(n) of
this Section or under this subsection 5(i)(1) to any district
which has not submitted a plan which has been approved by the
State Board of Education.
(2) School districts with an average daily attendance of
more than 1,000 and less than 50,000 and having a low income
pupil weighting factor in excess of .53 shall submit a plan
to the State Board of Education prior to October 30 of each
year for the use of the funds resulting from the application
of subsection 1(n) of this Section for the improvement of
instruction in which priority is given to meeting the
education needs of disadvantaged children. Such plan shall
be submitted in accordance with rules and regulations
promulgated by the State Board of Education.
(j) For the purposes of calculating State aid under this
Section, with respect to any part of a school district within
a redevelopment project area in respect to which a
municipality has adopted tax increment allocation financing
pursuant to the Tax Increment Allocation Redevelopment Act,
Sections 11-74.4-1 through 11-74.4-11 of the Illinois
Municipal Code or the Industrial Jobs Recovery Law, Sections
11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
no part of the current equalized assessed valuation of real
property located in any such project area which is
attributable to an increase above the total initial equalized
assessed valuation of such property shall be used in
computing the equalized assessed valuation per weighted ADA
pupil in the district, until such time as all redevelopment
project costs have been paid, as provided in Section
11-74.4-8 of the Tax Increment Allocation Redevelopment Act
or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
For the purpose of computing the equalized assessed valuation
per weighted ADA pupil in the district the total initial
equalized assessed valuation or the current equalized
assessed valuation, whichever is lower, shall be used until
such time as all redevelopment project costs have been paid.
(k) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
State aid otherwise payable to that district under this
Section, other than State aid attributable to Chapter 1
students, shall be reduced by an amount equal to the budget
for the operations of the Authority as certified by the
Authority to the State Board of Education, and an amount
equal to such reduction shall be paid to the Authority
created for such district for its operating expenses in the
manner provided in Section 18-11. The remainder of State
school aid for any such district shall be paid in accordance
with Article 34A when that Article provides for a disposition
other than that provided by this Article.
(l) For purposes of calculating State aid under this
Section, the equalized assessed valuation for a school
district used to compute State aid shall be determined by
adding to the real property equalized assessed valuation for
the district an amount computed by dividing the amount of
money received by the district under the provisions of "An
Act in relation to the abolition of ad valorem personal
property tax and the replacement of revenues lost thereby",
certified August 14, 1979, by the total tax rate for the
district. For purposes of this subsection 1976 tax rates
shall be used for school districts in the county of Cook and
1977 tax rates shall be used for school districts in all
other counties.
(m) (1) For a new school district formed by combining
property included totally within 2 or more previously
existing school districts, for its first year of existence or
if the new district was formed after October 31, 1982 and
prior to September 23, 1985, for the year immediately
following September 23, 1985, the State aid calculated under
this Section shall be computed for the new district and for
the previously existing districts for which property is
totally included within the new district. If the computation
on the basis of the previously existing districts is greater,
a supplementary payment equal to the difference shall be made
for the first 3 years of existence of the new district or if
the new district was formed after October 31, 1982 and prior
to September 23, 1985, for the 3 years immediately following
September 23, 1985.
(2) For a school district which annexes all of the
territory of one or more entire other school districts, for
the first year during which the change of boundaries
attributable to such annexation becomes effective for all
purposes as determined under Section 7-9 or 7A-8, the State
aid calculated under this Section shall be computed for the
annexing district as constituted after the annexation and for
the annexing and each annexed district as constituted prior
to the annexation; and if the computation on the basis of the
annexing and annexed districts as constituted prior to the
annexation is greater, a supplementary payment equal to the
difference shall be made for the first 3 years of existence
of the annexing school district as constituted upon such
annexation.
(3) For 2 or more school districts which annex all of
the territory of one or more entire other school districts,
and for 2 or more community unit districts which result upon
the division (pursuant to petition under Section 11A-2) of
one or more other unit school districts into 2 or more parts
and which together include all of the parts into which such
other unit school district or districts are so divided, for
the first year during which the change of boundaries
attributable to such annexation or division becomes effective
for all purposes as determined under Section 7-9 or 11A-10,
as the case may be, the State aid calculated under this
Section shall be computed for each annexing or resulting
district as constituted after the annexation or division and
for each annexing and annexed district, or for each resulting
and divided district, as constituted prior to the annexation
or division; and if the aggregate of the State aid as so
computed for the annexing or resulting districts as
constituted after the annexation or division is less than the
aggregate of the State aid as so computed for the annexing
and annexed districts, or for the resulting and divided
districts, as constituted prior to the annexation or
division, then a supplementary payment equal to the
difference shall be made and allocated between or among the
annexing or resulting districts, as constituted upon such
annexation or division, for the first 3 years of their
existence. The total difference payment shall be allocated
between or among the annexing or resulting districts in the
same ratio as the pupil enrollment from that portion of the
annexed or divided district or districts which is annexed to
or included in each such annexing or resulting district bears
to the total pupil enrollment from the entire annexed or
divided district or districts, as such pupil enrollment is
determined for the school year last ending prior to the date
when the change of boundaries attributable to the annexation
or division becomes effective for all purposes. The amount
of the total difference payment and the amount thereof to be
allocated to the annexing or resulting districts shall be
computed by the State Board of Education on the basis of
pupil enrollment and other data which shall be certified to
the State Board of Education, on forms which it shall provide
for that purpose, by the regional superintendent of schools
for each educational service region in which the annexing and
annexed districts, or resulting and divided districts are
located.
(4) If a unit school district annexes all the territory
of another unit school district effective for all purposes
pursuant to Section 7-9 on July 1, 1988, and if part of the
annexed territory is detached within 90 days after July 1,
1988, then the detachment shall be disregarded in computing
the supplementary State aid payments under this paragraph (m)
for the entire 3 year period and the supplementary State aid
payments shall not be diminished because of the detachment.
(5) Any supplementary State aid payment made under this
paragraph (m) shall be treated as separate from all other
payments made pursuant to this Section.
(n) For the purposes of calculating State aid under this
Section, the real property equalized assessed valuation for a
school district used to compute State aid shall be determined
by subtracting from the real property value as equalized or
assessed by the Department of Revenue for the district an
amount computed by dividing the amount of any abatement of
taxes under Section 18-170 of the Property Tax Code by the
maximum operating tax rates specified in subsection 5(c) of
this Section and an amount computed by dividing the amount of
any abatement of taxes under subsection (a) of Section 18-165
of the Property Tax Code by the maximum operating tax rates
specified in subsection 5(c) of this Section.
(o) Notwithstanding any other provisions of this
Section, for the 1996-1997 school year the amount of the
aggregate general State aid entitlement that is received
under this Section by each school district for that school
year shall be not less than the amount of the aggregate
general State aid entitlement that was received by the
district under this Section for the 1995-1996 school year.
If a school district is to receive an aggregate general State
aid entitlement under this Section for the 1996-1997 school
year that is less than the amount of the aggregate general
State aid entitlement that the district received under this
Section for the 1995-1996 school year, the school district
shall also receive, from a separate appropriation made for
purposes of this paragraph (o), a supplementary payment that
is equal to the amount by which the general State aid
entitlement received by the district under this Section for
the 1995-1996 school year exceeds the general State aid
entitlement that the district is to receive under this
Section for the 1996-1997 school year.
Notwithstanding any other provisions of this Section, for
the 1997-1998 school year the amount of the aggregate general
State aid entitlement that is received under this Section by
each school district for that school year shall be not less
than the amount of the aggregate general State aid
entitlement that was received by the district under this
Section for the 1996-1997 school year. If a school district
is to receive an aggregate general State aid entitlement
under this Section for the 1997-1998 school year that is less
than the amount of the aggregate general State aid
entitlement that the district received under this Section for
the 1996-1997 school year, the school district shall also
receive, from a separate appropriation made for purposes of
this paragraph (o), a supplementary payment that is equal to
the amount by which the general State aid entitlement
received by the district under this Section for the 1996-1997
school year exceeds the general State aid entitlement that
the district is to receive under this Section for the
1997-1998 school year.
If the amount appropriated for supplementary payments to
school districts under this paragraph (o) is insufficient for
that purpose, the supplementary payments that districts are
to receive under this paragraph shall be prorated according
to the aggregate amount of the appropriation made for
purposes of this paragraph.
(p) For the 1997-1998 school year only, a supplemental
general State aid grant shall be provided for school
districts in an amount equal to the greater of the result of
part (i) of this subsection or part (ii) of this subsection,
calculated as follows:
(i) The general State aid received by a school
district under this Section for the 1997-1998 school year
shall be added to the sum of (A) the result obtained by
multiplying the 1995 equalized valuation of all taxable
property in the district by the fixed calculation tax
rates of 3.0% for unit districts, 2.0% for elementary
districts and 1.0% for high school districts plus (B) the
aggregate corporate personal property replacement
revenues received by the district during the 1996-1997
school year. That; (ii) The aggregate amount determined
under this part item (i) of this subsection 5(p) shall be
divided by the average of the best 3 months of pupil
attendance in the district for the 1996-1997 school
year.; and (iii) If the result obtained by dividing the
aggregate amount determined under this part item (i) of
this subsection 5(p) by the average of the best 3 months
of pupil attendance in the district as provided in item
(ii) of this subsection 5(p) is less than $3,600, the
supplemental general State aid grant for that the
district shall receive under this subsection 5(p) for the
1997-1998 school year shall be equal to the amount
determined by subtracting from $3,600 the result obtained
by dividing the aggregate amount determined under this
part item (i) of this subsection by the average of the
best 3 months of pupil attendance in the district as
provided in item (ii) of this subsection, and by
multiplying that difference by the average of the best 3
months of pupil attendance in the district for the
1996-1997 school year.
(ii) The general State aid received by a school
district under this Section for the 1997-1998 school year
shall be added to the sum of (A) the result obtained by
multiplying the 1995 equalized assessed valuation of all
taxable property in the district by the district's
applicable 1995 operating tax rate as defined in this
part (ii) plus (B) the aggregate corporate personal
property replacement revenues received by the district
during the 1996-1997 school year. That aggregate amount
shall be divided by the average of the best 3 months of
pupil attendance in the district for the 1996-1997 school
year. If the result obtained by dividing the aggregate
amount determined in this part (ii) by the average of the
best 3 months of pupil attendance in the district is less
than $4,100, the supplemental general State aid grant for
that district shall be equal to the amount determined by
subtracting from the $4,100 the result obtained by
dividing the aggregate amount determined in this part
(ii) by the average of the best 3 months of pupil
attendance in the district and by multiplying that
difference by the average of the best 3 months of pupil
attendance in the district for the 1996-1997 school year.
For the purposes of this part (ii), the "applicable 1995
operating tax rate" shall mean the following: (A) for
unit districts with operating tax rates of 3.00% or less,
elementary districts with operating tax rates of 2.00% or
less, and high school districts with operating tax rates
of 1.00% or less, the applicable 1995 operating tax rate
shall be 3.00% for unit districts, 2.00% for elementary
districts, and 1.00% for high school districts; (B) for
unit districts with operating tax rates of 4.50% or more,
elementary districts with operating tax rates of 3.00% or
more, and high school districts with operating tax rates
of 1.85% or more, the applicable 1995 operating tax rate
shall be 4.50% for unit districts, 3.00% for elementary
districts, and 1.85% for high school districts; and (C)
for unit districts with operating tax rates of more than
3.00% and less than 4.50%, for elementary districts with
operating tax rates of more than 2.00% and less than
3.00%, and for high school districts with operating tax
rates of more than 1.00% and less than 1.85%, the
applicable 1995 operating tax rate shall be the
district's actual 1995 operating tax rate.
If the moneys appropriated in a separate line item by the
General Assembly to the State Board of Education for
supplementary payments required to be made and distributed to
school districts for the 1997-1998 any school year under this
subsection 5(p) are insufficient, the amount of the
supplementary payments required to be made and distributed to
those school districts under this subsection 5(p) for that
school year shall abate proportionately.
(p-5) For the 1997-98 school year only, a supplemental
general State aid grant shall be provided for school
districts based on the number of low-income eligible pupils
within the school district. For the purposes of this
subsection 5(p-5), "low-income eligible pupils" shall be the
low-income eligible pupil count from the most recently
available federal census. The supplemental general State aid
grant for each district shall be equal to the number of
low-income eligible pupils within that district multiplied by
$30.50. If the moneys appropriated in a separate line item
by the General Assembly to the State Board of Education for
supplementary payments required to be made and distributed to
school districts for the 1997-98 school year under this
subsection 5(p-5) are insufficient, the amount of the
supplementary payments required to be made and distributed to
those districts under this subsection shall abate
proportionately.
B. In calculating the amount to be paid to the governing
board of a public university that operates a laboratory
school under this Section or to any alternative school that
is operated by a regional superintendent, the State Board of
Education shall require by rule such reporting requirements
as it deems necessary.
As used in this Section, "laboratory school" means a
public school which is created and operated by a public
university and approved by the State Board of Education. The
governing board of a public university which receives funds
from the State Board under this subsection B may not increase
the number of students enrolled in its laboratory school from
a single district, if that district is already sending 50 or
more students, except under a mutual agreement between the
school board of a student's district of residence and the
university which operates the laboratory school. A
laboratory school may not have more than 1,000 students,
excluding students with disabilities in a special education
program.
As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational
training.
Each laboratory and alternative school shall file, on
forms provided by the State Superintendent of Education, an
annual State aid claim which states the average daily
attendance of the school's students by month. The best 3
months' average daily attendance shall be computed for each
school. The weighted average daily attendance shall be
computed and the weighted average daily attendance for the
school's most recent 3 year average shall be compared to the
most recent weighted average daily attendance, and the
greater of the 2 shall be used for the calculation under this
subsection B. The general State aid entitlement shall be
computed by multiplying the school's student count by the
foundation level as determined under this Section.
C. This Section is repealed July 1, 1998.
(Source: P.A. 89-15, eff. 5-30-95; 89-235, eff. 8-4-95;
89-397, eff. 8-20-95; 89-610, eff. 8-6-96; 89-618, eff.
8-9-96; 89-626, eff. 8-9-96; 89-679, eff. 8-16-96; 90-9, eff.
7-1-97; 90-14, eff. 7-1-97.)
(105 ILCS 5/18-8.05 new)
Sec. 18-8.05. Basis for apportionment of general State
financial aid and supplemental general State aid to the
common schools for the 1998-1999 and subsequent school years.
(A) General Provisions.
(1) The provisions of this Section apply to the
1998-1999 and subsequent school years. The system of general
State financial aid provided for in this Section is designed
to assure that, through a combination of State financial aid
and required local resources, the financial support provided
each pupil in Average Daily Attendance equals or exceeds a
prescribed per pupil Foundation Level. This formula approach
imputes a level of per pupil Available Local Resources and
provides for the basis to calculate a per pupil level of
general State financial aid that, when added to Available
Local Resources, equals or exceeds the Foundation Level. The
amount of per pupil general State financial aid for school
districts, in general, varies in inverse relation to
Available Local Resources. Per pupil amounts are based upon
each school district's Average Daily Attendance as that term
is defined in this Section.
(2) In addition to general State financial aid, school
districts with specified levels or concentrations of pupils
from low income households are eligible to receive
supplemental general State financial aid grants as provided
pursuant to subsection (H). The supplemental State aid grants
provided for school districts under subsection (H) shall be
appropriated for distribution to school districts as part of
the same line item in which the general State financial aid
of school districts is appropriated under this Section.
(3) To receive financial assistance under this Section,
school districts are required to file claims with the State
Board of Education, subject to the following requirements:
(a) Any school district which fails for any given
school year to maintain school as required by law, or to
maintain a recognized school is not eligible to file for
such school year any claim upon the Common School Fund.
In case of nonrecognition of one or more attendance
centers in a school district otherwise operating
recognized schools, the claim of the district shall be
reduced in the proportion which the Average Daily
Attendance in the attendance center or centers bear to
the Average Daily Attendance in the school district. A
"recognized school" means any public school which meets
the standards as established for recognition by the State
Board of Education. A school district or attendance
center not having recognition status at the end of a
school term is entitled to receive State aid payments due
upon a legal claim which was filed while it was
recognized.
(b) School district claims filed under this Section
are subject to Sections 18-9, 18-10, and 18-12, except as
otherwise provided in this Section.
(c) If a school district operates a full year
school under Section 10-19.1, the general State aid to
the school district shall be determined by the State
Board of Education in accordance with this Section as
near as may be applicable.
(d) Claims for financial assistance under this
Section shall not be recomputed except as expressly
provided under this Section.
(4) Except as provided in subsections (H) and (L), the
board of any district receiving any of the grants provided
for in this Section may apply those funds to any fund so
received for which that board is authorized to make
expenditures by law.
School districts are not required to exert a minimum
Operating Tax Rate in order to qualify for assistance under
this Section.
(5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
(a) "Average Daily Attendance": A count of pupil
attendance in school, averaged as provided for in
subsection (C) and utilized in deriving per pupil
financial support levels.
(b) "Available Local Resources": A computation of
local financial support, calculated on the basis Average
Daily Attendance and derived as provided pursuant to
subsection (D).
(c) "Corporate Personal Property Replacement
Taxes": Funds paid to local school districts pursuant to
"An Act in relation to the abolition of ad valorem
personal property tax and the replacement of revenues
lost thereby, and amending and repealing certain Acts and
parts of Acts in connection therewith", certified August
14, 1979, as amended (Public Act 81-1st S.S.-1).
(d) "Foundation Level": A prescribed level of per
pupil financial support as provided for in subsection
(B).
(e) "Operating Tax Rate": All school district
property taxes extended for all purposes, except
community college educational purposes for the payment of
tuition under Section 6-1 of the Public Community College
Act, Bond and Interest, Summer School, Rent, Capital
Improvement, and Vocational Education Building purposes.
(B) Foundation Level.
(1) The Foundation Level is a figure established by the
State representing the minimum level of per pupil financial
support that should be available to provide for the basic
education of each pupil in Average Daily Attendance. As set
forth in this Section, each school district is assumed to
exert a sufficient local taxing effort such that, in
combination with the aggregate of general State financial aid
provided the district, an aggregate of State and local
resources are available to meet the basic education needs of
pupils in the district.
(2) For the 1998-1999 school year, the Foundation Level
of support is $4,225. For the 1999-2000 school year, the
Foundation Level of support is $4,325. For the 2000-2001
school year, the Foundation Level of support is $4,425.
(3) For the 2001-2002 school year and each school year
thereafter, the Foundation Level of support is $4,425 or such
greater amount as may be established by law by the General
Assembly.
(C) Average Daily Attendance.
(1) For purposes of calculating general State aid
pursuant to subsection (E), an Average Daily Attendance
figure shall be utilized. The Average Daily Attendance
figure for formula calculation purposes shall be the monthly
average of the actual number of pupils in attendance of each
school district, as further averaged for the best 3 months of
pupil attendance for each school district. In compiling the
figures for the number of pupils in attendance, school
districts and the State Board of Education shall, for
purposes of general State aid funding, conform attendance
figures to the requirements of subsection (F).
(2) The Average Daily Attendance figures utilized in
subsection (E) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated.
(D) Available Local Resources.
(1) For purposes of calculating general State aid
pursuant to subsection (E), a representation of Available
Local Resources per pupil, as that term is defined and
determined in this subsection, shall be utilized. Available
Local Resources per pupil shall include a calculated dollar
amount representing local school district revenues from local
property taxes and from Corporate Personal Property
Replacement Taxes, expressed on the basis of pupils in
Average Daily Attendance.
(2) In determining a school district's revenue from
local property taxes, the State Board of Education shall
utilize the equalized assessed valuation of all taxable
property of each school district as of September 30 of the
previous year. The equalized assessed valuation utilized
shall be obtained and determined as provided in subsection
(G).
(3) For school districts maintaining grades kindergarten
through 12, local property tax revenues per pupil shall be
calculated as the product of the applicable equalized
assessed valuation for the district multiplied by 3.00%, and
divided by the district's Average Daily Attendance figure.
For school districts maintaining grades kindergarten through
8, local property tax revenues per pupil shall be calculated
as the product of the applicable equalized assessed valuation
for the district multiplied by 2.30%, and divided by the
district's Average Daily Attendance figure. For school
districts maintaining grades 9 through 12, local property tax
revenues per pupil shall be the applicable equalized assessed
valuation of the district multiplied by 1.20%, and divided by
the district's Average Daily Attendance figure.
(4) The Corporate Personal Property Replacement Taxes
paid to each school district during the calendar year 2 years
before the calendar year in which a school year begins,
divided by the Average Daily Attendance figure for that
district, shall be added to the local property tax revenues
per pupil as derived by the application of the immediately
preceding paragraph (3). The sum of these per pupil figures
for each school district shall constitute Available Local
Resources as that term is utilized in subsection (E) in the
calculation of general State aid.
(E) Computation of General State Aid.
(1) For each school year, the amount of general State
aid allotted to a school district shall be computed by the
State Board of Education as provided in this subsection.
(2) For any school district for which Available Local
Resources per pupil is less than the product of 0.93 times
the Foundation Level, general State aid for that district
shall be calculated as an amount equal to the Foundation
Level minus Available Local Resources, multiplied by the
Average Daily Attendance of the school district.
(3) For any school district for which Available Local
Resources per pupil is equal to or greater than the product
of 0.93 times the Foundation Level and less than the product
of 1.75 times the Foundation Level, the general State aid per
pupil shall be a decimal proportion of the Foundation Level
derived using a linear algorithm. Under this linear
algorithm, the calculated general State aid per pupil shall
decline in direct linear fashion from 0.07 times the
Foundation Level for a school district with Available Local
Resources equal to the product of 0.93 times the Foundation
Level, to 0.05 times the Foundation Level for a school
district with Available Local Resources equal to the product
of 1.75 times the Foundation Level. The allocation of
general State aid for school districts subject to this
paragraph 3 shall be the calculated general State aid per
pupil figure multiplied by the Average Daily Attendance of
the school district.
(4) For any school district for which Available Local
Resources per pupil equals or exceeds the product of 1.75
times the Foundation Level, the general State aid for the
school district shall be calculated as the product of $218
multiplied by the Average Daily Attendance of the school
district.
(F) Compilation of Average Daily Attendance.
(1) Each school district shall, by July 1 of each year,
submit to the State Board of Education, on forms prescribed
by the State Board of Education, attendance figures for the
school year that began in the preceding calendar year. The
attendance information so transmitted shall identify the
average daily attendance figures for each month of the school
year, except that any days of attendance in August shall be
added to the month of September and any days of attendance in
June shall be added to the month of May.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of
not less than 5 clock hours of school work per day under
direct supervision of: (i) teachers, or (ii) non-teaching
personnel or volunteer personnel when engaging in
non-teaching duties and supervising in those instances
specified in subsection (a) of Section 10-22.34 and paragraph
10 of Section 34-18, with pupils of legal school age and in
kindergarten and grades 1 through 12.
Days of attendance by tuition pupils shall be accredited
only to the districts that pay the tuition to a recognized
school.
(2) Days of attendance by pupils of less than 5 clock
hours of school shall be subject to the following provisions
in the compilation of Average Daily Attendance.
(a) Pupils regularly enrolled in a public school
for only a part of the school day may be counted on the
basis of 1/6 day for every class hour of instruction of
40 minutes or more attended pursuant to such enrollment.
(b) Days of attendance may be less than 5 clock
hours on the opening and closing of the school term, and
upon the first day of pupil attendance, if preceded by a
day or days utilized as an institute or teachers'
workshop.
(c) A session of 4 or more clock hours may be
counted as a day of attendance upon certification by the
regional superintendent, and approved by the State
Superintendent of Education to the extent that the
district has been forced to use daily multiple sessions.
(d) A session of 3 or more clock hours may be
counted as a day of attendance (1) when the remainder of
the school day or at least 2 hours in the evening of that
day is utilized for an in-service training program for
teachers, up to a maximum of 5 days per school year of
which a maximum of 4 days of such 5 days may be used for
parent-teacher conferences, provided a district conducts
an in-service training program for teachers which has
been approved by the State Superintendent of Education;
or, in lieu of 4 such days, 2 full days may be used, in
which event each such day may be counted as a day of
attendance; and (2) when days in addition to those
provided in item (1) are scheduled by a school pursuant
to its school improvement plan adopted under Article 34
or its revised or amended school improvement plan adopted
under Article 2, provided that (i) such sessions of 3 or
more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which
such sessions occur are utilized for in-service training
programs or other staff development activities for
teachers, and (iii) a sufficient number of minutes of
school work under the direct supervision of teachers are
added to the school days between such regularly scheduled
sessions to accumulate not less than the number of
minutes by which such sessions of 3 or more clock hours
fall short of 5 clock hours. Any full days used for the
purposes of this paragraph shall not be considered for
computing average daily attendance. Days scheduled for
in-service training programs, staff development
activities, or parent-teacher conferences may be
scheduled separately for different grade levels and
different attendance centers of the district.
(e) A session of not less than one clock hour
teaching of hospitalized or homebound pupils on-site or
by telephone to the classroom may be counted as 1/2 day
of attendance, however these pupils must receive 4 or
more clock hours of instruction to be counted for a full
day of attendance.
(f) A session of at least 4 clock hours may be
counted as a day of attendance for first grade pupils,
and pupils in full day kindergartens, and a session of 2
or more hours may be counted as 1/2 day of attendance by
pupils in kindergartens which provide only 1/2 day of
attendance.
(g) For children with disabilities who are below
the age of 6 years and who cannot attend 2 or more clock
hours because of their disability or immaturity, a
session of not less than one clock hour may be counted as
1/2 day of attendance; however for such children whose
educational needs so require a session of 4 or more clock
hours may be counted as a full day of attendance.
(h) A recognized kindergarten which provides for
only 1/2 day of attendance by each pupil shall not have
more than 1/2 day of attendance counted in any 1 day.
However, kindergartens may count 2 1/2 days of attendance
in any 5 consecutive school days. When a pupil attends
such a kindergarten for 2 half days on any one school
day, the pupil shall have the following day as a day
absent from school, unless the school district obtains
permission in writing from the State Superintendent of
Education. Attendance at kindergartens which provide for
a full day of attendance by each pupil shall be counted
the same as attendance by first grade pupils. Only the
first year of attendance in one kindergarten shall be
counted, except in case of children who entered the
kindergarten in their fifth year whose educational
development requires a second year of kindergarten as
determined under the rules and regulations of the State
Board of Education.
(G) Equalized Assessed Valuation Data.
(1) For purposes of the calculation of Available Local
Resources required pursuant to subsection (D), the State
Board of Education shall secure from the Department of
Revenue the value as equalized or assessed by the Department
of Revenue of all taxable property of every school district
together with the applicable tax rate used in extending taxes
for the funds of the district as of September 30 of the
previous year.
This equalized assessed valuation, as adjusted further by
the requirements of this subsection, shall be utilized in the
calculation of Available Local Resources.
(2) The equalized assessed valuation in paragraph (1)
shall be adjusted, as applicable, in the following manner:
(a) For the purposes of calculating State aid under
this Section, with respect to any part of a school
district within a redevelopment project area in respect
to which a municipality has adopted tax increment
allocation financing pursuant to the Tax Increment
Allocation Redevelopment Act, Sections 11-74.4-1 through
11-74.4-11 of the Illinois Municipal Code or the
Industrial Jobs Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the Illinois Municipal Code, no part of the
current equalized assessed valuation of real property
located in any such project area which is attributable to
an increase above the total initial equalized assessed
valuation of such property shall be used as part of the
equalized assessed valuation of the district, until such
time as all redevelopment project costs have been paid,
as provided in Section 11-74.4-8 of the Tax Increment
Allocation Redevelopment Act or in Section 11-74.6-35 of
the Industrial Jobs Recovery Law. For the purpose of the
equalized assessed valuation of the district, the total
initial equalized assessed valuation or the current
equalized assessed valuation, whichever is lower, shall
be used until such time as all redevelopment project
costs have been paid.
(b) The real property equalized assessed valuation
for a school district shall be adjusted by subtracting
from the real property value as equalized or assessed by
the Department of Revenue for the district an amount
computed by dividing the amount of any abatement of taxes
under Section 18-170 of the Property Tax Code by 3.00%
for a district maintaining grades kindergarten through 12
or by 2.30% for a district maintaining grades
kindergarten through 8, or by 1.20% for a district
maintaining grades 9 through 12 and adjusted by an amount
computed by dividing the amount of any abatement of taxes
under subsection (a) of Section 18-165 of the Property
Tax Code by the same percentage rates for district type
as specified in this subparagraph (c).
(H) Supplemental General State Aid.
(1) In addition to the general State aid a school
district is allotted pursuant to subsection (E), qualifying
school districts shall receive a grant, paid in conjunction
with a district's payments of general State aid, for
supplemental general State aid based upon the concentration
level of children from low-income households within the
school district. Supplemental State aid grants provided for
school districts under this subsection shall be appropriated
for distribution to school districts as part of the same line
item in which the general State financial aid of school
districts is appropriated under this Section. For purposes of
this subsection, the term "Low-Income Concentration Level"
shall be the low-income eligible pupil count from the most
recently available federal census divided by the Average
Daily Attendance of the school district.
(2) Supplemental general State aid pursuant to this
subsection shall be provided as follows:
(a) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%,
the grant for any school year shall be $800 multiplied by
the low income eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%,
the grant for the 1998-1999 school year shall be $1,100
multiplied by the low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%,
the grant for the 1998-99 school year shall be $1,500
multiplied by the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of 60% or more, the grant for the
1998-99 school year shall be $1,900 multiplied by the low
income eligible pupil count.
(e) For the 1999-2000 school year, the per pupil
amount specified in subparagraphs (b), (c), and (d),
immediately above shall be increased by $100 to $1,200,
$1,600, and $2,000, respectively.
(f) For the 2000-2001 school year, the per pupil
amounts specified in subparagraphs (b), (c) and (d)
immediately above shall be increased to $1,230, $1,640,
and $2,050, respectively.
(3) School districts with an Average Daily Attendance of
more than 1,000 and less than 50,000 that qualify for
supplemental general State aid pursuant to this subsection
shall submit a plan to the State Board of Education prior to
October 30 of each year for the use of the funds resulting
from this grant of supplemental general State aid for the
improvement of instruction in which priority is given to
meeting the education needs of disadvantaged children. Such
plan shall be submitted in accordance with rules and
regulations promulgated by the State Board of Education.
(4) School districts with an Average Daily Attendance of
50,000 or more that qualify for supplemental general State
aid pursuant to this subsection shall be required to
distribute from funds available pursuant to this Section, no
less than $261,000,000 in accordance with the following
requirements:
(a) The required amounts shall be distributed to
the attendance centers within the district in proportion
to the number of pupils enrolled at each attendance
center who are eligible to receive free or reduced-price
lunches or breakfasts under the federal Child Nutrition
Act of 1966 and under the National School Lunch Act
during the immediately preceding school year.
(b) The distribution of these portions of
supplemental and general State aid among attendance
centers according to these requirements shall not be
compensated for or contravened by adjustments of the
total of other funds appropriated to any attendance
centers, and the Board of Education shall utilize funding
from one or several sources in order to fully implement
this provision annually prior to the opening of school.
(c) Each attendance center shall be provided by the
school district a distribution of noncategorical funds
and other categorical funds to which an attendance center
is entitled under law in order that the general State aid
and supplemental general State aid provided by
application of this subsection supplements rather than
supplants the noncategorical funds and other categorical
funds provided by the school district to the attendance
centers.
(d) Any funds made available under this subsection
that by reason of the provisions of this subsection are
not required to be allocated and provided to attendance
centers may be used and appropriated by the board of the
district for any lawful school purpose.
(e) Funds received by an attendance center pursuant
to this subsection shall be used by the attendance center
at the discretion of the principal and local school
council for programs to improve educational opportunities
at qualifying schools through the following programs and
services: early childhood education, reduced class size
or improved adult to student classroom ratio, enrichment
programs, remedial assistance, attendance improvement and
other educationally beneficial expenditures which
supplement the regular and basic programs as determined
by the State Board of Education. Funds provided shall
not be expended for any political or lobbying purposes as
defined by board rule.
(f) Each district subject to the provisions of this
subdivision (H)(4) shall submit an acceptable plan to
meet the educational needs of disadvantaged children, in
compliance with the requirements of this paragraph, to
the State Board of Education prior to July 15 of each
year. This plan shall be consistent with the decisions of
local school councils concerning the school expenditure
plans developed in accordance with part 4 of Section
34-2.3. The State Board shall approve or reject the plan
within 60 days after its submission. If the plan is
rejected, the district shall give written notice of
intent to modify the plan within 15 days of the
notification of rejection and then submit a modified plan
within 30 days after the date of the written notice of
intent to modify. Districts may amend approved plans
pursuant to rules promulgated by the State Board of
Education.
Upon notification by the State Board of Education
that the district has not submitted a plan prior to July
15 or a modified plan within the time period specified
herein, the State aid funds affected by that plan or
modified plan shall be withheld by the State Board of
Education until a plan or modified plan is submitted.
If the district fails to distribute State aid to
attendance centers in accordance with an approved plan,
the plan for the following year shall allocate funds, in
addition to the funds otherwise required by this
subsection, to those attendance centers which were
underfunded during the previous year in amounts equal to
such underfunding.
For purposes of determining compliance with this
subsection in relation to the requirements of attendance
center funding, each district subject to the provisions
of this subsection shall submit as a separate document by
December 1 of each year a report of expenditure data for
the prior year in addition to any modification of its
current plan. If it is determined that there has been a
failure to comply with the expenditure provisions of this
subsection regarding contravention or supplanting, the
State Superintendent of Education shall, within 60 days
of receipt of the report, notify the district and any
affected local school council. The district shall within
45 days of receipt of that notification inform the State
Superintendent of Education of the remedial or corrective
action to be taken, whether by amendment of the current
plan, if feasible, or by adjustment in the plan for the
following year. Failure to provide the expenditure
report or the notification of remedial or corrective
action in a timely manner shall result in a withholding
of the affected funds.
The State Board of Education shall promulgate rules
and regulations to implement the provisions of this
subsection. No funds shall be released under this
subdivision (H)(4) to any district that has not submitted
a plan that has been approved by the State Board of
Education.
(I) General State Aid for Newly Configured School Districts.
(1) For a new school district formed by combining
property included totally within 2 or more previously
existing school districts, for its first year of existence
the general State aid and supplemental general State aid
calculated under this Section shall be computed for the new
district and for the previously existing districts for which
property is totally included within the new district. If the
computation on the basis of the previously existing districts
is greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the new
district.
(2) For a school district which annexes all of the
territory of one or more entire other school districts, for
the first year during which the change of boundaries
attributable to such annexation becomes effective for all
purposes as determined under Section 7-9 or 7A-8, the general
State aid and supplemental general State aid calculated under
this Section shall be computed for the annexing district as
constituted after the annexation and for the annexing and
each annexed district as constituted prior to the annexation;
and if the computation on the basis of the annexing and
annexed districts as constituted prior to the annexation is
greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the
annexing school district as constituted upon such annexation.
(3) For 2 or more school districts which annex all of
the territory of one or more entire other school districts,
and for 2 or more community unit districts which result upon
the division (pursuant to petition under Section 11A-2) of
one or more other unit school districts into 2 or more parts
and which together include all of the parts into which such
other unit school district or districts are so divided, for
the first year during which the change of boundaries
attributable to such annexation or division becomes effective
for all purposes as determined under Section 7-9 or 11A-10,
as the case may be, the general State aid and supplemental
general State aid calculated under this Section shall be
computed for each annexing or resulting district as
constituted after the annexation or division and for each
annexing and annexed district, or for each resulting and
divided district, as constituted prior to the annexation or
division; and if the aggregate of the general State aid and
supplemental general State aid as so computed for the
annexing or resulting districts as constituted after the
annexation or division is less than the aggregate of the
general State aid and supplemental general State aid as so
computed for the annexing and annexed districts, or for the
resulting and divided districts, as constituted prior to the
annexation or division, then a supplementary payment equal to
the difference shall be made and allocated between or among
the annexing or resulting districts, as constituted upon such
annexation or division, for the first 4 years of their
existence. The total difference payment shall be allocated
between or among the annexing or resulting districts in the
same ratio as the pupil enrollment from that portion of the
annexed or divided district or districts which is annexed to
or included in each such annexing or resulting district bears
to the total pupil enrollment from the entire annexed or
divided district or districts, as such pupil enrollment is
determined for the school year last ending prior to the date
when the change of boundaries attributable to the annexation
or division becomes effective for all purposes. The amount
of the total difference payment and the amount thereof to be
allocated to the annexing or resulting districts shall be
computed by the State Board of Education on the basis of
pupil enrollment and other data which shall be certified to
the State Board of Education, on forms which it shall provide
for that purpose, by the regional superintendent of schools
for each educational service region in which the annexing and
annexed districts, or resulting and divided districts are
located.
(4) Any supplementary payment made under this subsection
(I) shall be treated as separate from all other payments made
pursuant to this Section.
(J) Supplementary Grants in Aid.
(1) Notwithstanding any other provisions of this
Section, the amount of the aggregate general State aid in
combination with supplemental general State aid under this
Section for which each school district is eligible for the
1998-1999 school year shall be no less than the amount of the
aggregate general State aid entitlement that was received by
the district under Section 18-8 (exclusive of amounts
received under subsections 5(p) and 5(p-5) of that Section)
for the 1997-98 school year, pursuant to the provisions of
that Section as it was then in effect. If a school district
qualifies to receive a supplementary payment made under this
subsection (J) for the 1998-1999 school year, the amount of
the aggregate general State aid in combination with
supplemental general State aid under this Section which that
district is eligible to receive for each school year
subsequent to the 1998-1999 school year shall be no less than
the amount of the aggregate general State aid entitlement
that was received by the district under Section 18-8
(exclusive of amounts received under subsections 5(p) and
5(p-5) of that Section) for the 1997-1998 school year,
pursuant to the provisions of that Section as it was then in
effect.
(2) If, as provided in paragraph (1) of this subsection
(J), a school district is to receive aggregate general State
aid in combination with supplemental general State aid under
this Section for the 1998-99 school year, or for the 1998-99
school year and any subsequent school year, that in any such
school year is less than the amount of the aggregate general
State aid entitlement that the district received for the
1997-98 school year, the school district shall also receive,
from a separate appropriation made for purposes of this
subsection (J), a supplementary payment that is equal to the
amount of the difference in the aggregate State aid figures
as described in paragraph (1).
(3) If the amount appropriated for supplementary
payments to school districts under this subsection (J) is
insufficient for that purpose, the supplementary payments
that districts are to receive under this subsection shall be
prorated according to the aggregate amount of the
appropriation made for purposes of this subsection.
(K) Grants to Laboratory and Alternative Schools.
In calculating the amount to be paid to the governing
board of a public university that operates a laboratory
school under this Section or to any alternative school that
is operated by a regional superintendent, the State Board of
Education shall require by rule such reporting requirements
as it deems necessary.
As used in this Section, "laboratory school" means a
public school which is created and operated by a public
university and approved by the State Board of Education. The
governing board of a public university which receives funds
from the State Board under this subsection (K) may not
increase the number of students enrolled in its laboratory
school from a single district, if that district is already
sending 50 or more students, except under a mutual agreement
between the school board of a student's district of residence
and the university which operates the laboratory school. A
laboratory school may not have more than 1,000 students,
excluding students with disabilities in a special education
program.
As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational
training.
Each laboratory and alternative school shall file, on
forms provided by the State Superintendent of Education, an
annual State aid claim which states the Average Daily
Attendance of the school's students by month. The best 3
months' Average Daily Attendance shall be computed for each
school. The general State aid entitlement shall be computed
by multiplying the applicable Average Daily Attendance by the
Foundation Level as determined under this Section.
(L) Payments, Additional Grants in Aid and Other
Requirements.
(1) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
general State aid otherwise payable to that district under
this Section, but not the supplemental general State aid,
shall be reduced by an amount equal to the budget for the
operations of the Authority as certified by the Authority to
the State Board of Education, and an amount equal to such
reduction shall be paid to the Authority created for such
district for its operating expenses in the manner provided in
Section 18-11. The remainder of general State school aid for
any such district shall be paid in accordance with Article
34A when that Article provides for a disposition other than
that provided by this Article.
(2) Impaction. Impaction payments shall be made as
provided for in Section 18-4.2.
(3) Summer school. Summer school payments shall be made
as provided in Section 18-4.3.
(M) Education Funding Advisory Board.
The Education Funding Advisory Board, hereinafter in this
subsection (M) referred to as the "Board", is hereby created.
The Board shall consist of 5 members who are appointed by the
Governor, by and with the advice and consent of the Senate.
The members appointed shall include representatives of
education, business, and the general public. One of the
members so appointed shall be designated by the Governor at
the time the appointment is made as the chairperson of the
Board. The initial members of the Board may be appointed any
time after the effective date of this amendatory Act of 1997.
The regular term of each member of the Board shall be for 4
years from the third Monday of January of the year in which
the term of the member's appointment is to commence, except
that of the 5 initial members appointed to serve on the
Board, the member who is appointed as the chairperson shall
serve for a term that commences on the date of his or her
appointment and expires on the third Monday of January, 2002,
and the remaining 4 members, by lots drawn at the first
meeting of the Board that is held after all 5 members are
appointed, shall determine 2 of their number to serve for
terms that commence on the date of their respective
appointments and expire on the third Monday of January, 2001,
and 2 of their number to serve for terms that commence on the
date of their respective appointments and expire on the third
Monday of January, 2000. All members appointed to serve on
the Board shall serve until their respective successors are
appointed and confirmed. Vacancies shall be filled in the
same manner as original appointments. If a vacancy in
membership occurs at a time when the Senate is not in
session, the Governor shall make a temporary appointment
until the next meeting of the Senate, when he or she shall
appoint, by and with the advice and consent of the Senate, a
person to fill that membership for the unexpired term. If
the Senate is not in session when the initial appointments
are made, those appointments shall be made as in the case of
vacancies.
The Education Funding Advisory Board shall be deemed
established, and the initial members appointed by the
Governor to serve as members of the Board shall take office,
on the date that the Governor makes his or her appointment of
the fifth initial member of the Board, whether those initial
members are then serving pursuant to appointment and
confirmation or pursuant to temporary appointments that are
made by the Governor as in the case of vacancies.
The State Board of Education shall provide such staff
assistance to the Education Funding Advisory Board as is
reasonably required for the proper performance by the Board
of its responsibilities.
For school years after the 2000-2001 school year, the
Education Funding Advisory Board, in consultation with the
State Board of Education, shall make recommendations as
provided in this subsection (M) to the General Assembly for
the foundation level under subdivision (B)(3) of this Section
and for the supplemental general State aid grant level under
subsection (H) of this Section for districts with high
concentrations of children from poverty. The recommended
foundation level shall be determined based on a methodology
which incorporates the basic education expenditures of
low-spending schools exhibiting high academic performance.
The Education Funding Advisory Board shall make such
recommendations to the General Assembly on January 1 of odd
numbered years, beginning January 1, 2001.
(N) General State Aid Adjustment Grant.
(1) Any school district subject to property tax
extension limitations as imposed under the provisions of the
Property Tax Extension Limitation Law shall be entitled to
receive, subject to the qualifications and requirements of
this subsection, a general State aid adjustment grant.
Eligibility for this grant shall be determined on an annual
basis and claims for grant payments shall be paid subject to
appropriations made specific to this subsection. For
purposes of this subsection the following terms shall have
the following meanings:
"Budget Year": The school year for which general State
aid is calculated and awarded under subsection (E).
"Current Year": The school year immediately preceding
the Budget Year.
"Base Tax Year": The property tax levy year used to
calculate the Budget Year allocation of general State aid.
"Preceding Tax Year": The property tax levy year
immediately preceding the Base Tax Year.
"Extension Limitation Ratio": A numerical ratio,
certified by a school district's County Clerk, in which the
numerator is the Base Tax Year's tax extension amount
resulting from the Operating Tax Rate and the denominator is
the Preceding Tax Year's tax extension amount resulting from
the Operating Tax Rate.
"Operating Tax Rate": The operating tax rate as defined
in subsection (A).
(2) To qualify for a general State aid adjustment grant,
a school district must meet all of the following eligibility
criteria for each Budget Year for which a grant is claimed:
(a) The Operating Tax Rate of the school district
in the Preceding Tax Year was at least 3.00% in the case
of a school district maintaining grades kindergarten
through 12, at least 2.30% in the case of a school
district maintaining grades kindergarten through 8, or at
least 1.41% in the case of a school district maintaining
grades 9 through 12.
(b) The Operating Tax Rate of the school district
for the Base Tax Year was reduced by the Clerk of the
County as a result of the requirements of the Property
Tax Extension Limitation Law.
(c) The Available Local Resources per pupil of the
school district as calculated pursuant to subsection (D)
using the Base Tax Year are less than the product of 1.75
times the Foundation Level for the Budget Year.
(d) The school district has filed a proper and
timely claim for a general State aid adjustment grant as
required under this subsection.
(3) A claim for grant assistance under this subsection
shall be filed with the State Board of Education on or before
January 1 of the Current Year for a grant for the Budget
Year. The claim shall be made on forms prescribed by the
State Board of Education and must be accompanied by a written
statement from the Clerk of the County, certifying:
(a) That the school district has its extension for
the Base Tax Year reduced as a result of the Property Tax
Extension Limitation Law.
(b) That the Operating Tax Rate of the school
district for the Preceding Tax Year met the tax rate
requirements of subdivision (N)(2) of this Section.
(c) The Extension Limitation Ratio as that term is
defined in this subsection.
(4) On or before August 1 of the Budget Year the State
Board of Education shall calculate, for all school districts
meeting the other requirements of this subsection, the amount
of the general State aid adjustment grant, if any, that the
school districts are eligible to receive in the Budget Year.
The amount of the general State aid adjustment grant shall be
calculated as follows:
(a) Determine the school district's general State
aid grant for the Budget Year as provided in accordance
with the provisions of subsection (E).
(b) Determine the school district's adjusted level
of general State aid by utilizing in the calculation of
Available Local Resources an equalized assessed valuation
that is the equalized assessed valuation of the Preceding
Tax Year multiplied by the Extension Limitation Ratio.
(c) Subtract the sum derived in subparagraph (a)
from the sum derived in subparagraph (b). If the result
is a positive number, that amount shall be the general
State aid adjustment grant that the district is eligible
to receive.
(5) The State Board of Education shall in the Current
Year, based upon claims filed in the Current Year, recommend
to the General Assembly an appropriation amount for the
general State aid adjustment grants to be made in the Budget
Year.
(6) Claims for general State aid adjustment grants shall
be paid in a lump sum on or before January 1 of the Budget
Year only from appropriations made by the General Assembly
expressly for claims under this subsection. No such claims
may be paid from amounts appropriated for any other purpose
provided for under this Section. In the event that the
appropriation for claims under this subsection is
insufficient to meet all Budget Year claims for a general
State aid adjustment grant, the appropriation available shall
be proportionately prorated by the State Board of Education
amongst all districts filing for and entitled to payments.
(7) The State Board of Education shall promulgate the
required claim forms and rules necessary to implement the
provisions of this subsection.
(O) References.
(1) References in other laws to the various subdivisions
of Section 18-8 as that Section existed before its repeal and
replacement by this Section 18-8.05 shall be deemed to refer
to the corresponding provisions of this Section 18-8.05, to
the extent that those references remain applicable.
(2) References in other laws to State Chapter 1 funds
shall be deemed to refer to the supplemental general State
aid provided under subsection (H) of this Section.
(105 ILCS 5/18-8.2) (from Ch. 122, par. 18-8.2)
Sec. 18-8.2. Supplementary State aid for new and for
certain annexing districts.
(a) After the formation of a new district, a computation
shall be made to determine the difference between the
salaries effective in each of the previously existing
districts on June 30, prior to the creation of the new
district. For the first 4 3 years after the formation of the
new district or if the new district was formed after October
31, 1982 and prior to the effective date of this amendatory
Act of 1985, for the 3 years immediately following such
effective date, a supplementary State aid reimbursement shall
be paid to the new district equal to the difference between
the sum of the salaries earned by each of the certificated
members of the new district while employed in one of the
previously existing districts during the year immediately
preceding the formation of the new district and the sum of
the salaries those certificated members would have been paid
during the year immediately prior to the formation of the new
district if placed on the salary schedule of the previously
existing district with the highest salary schedule.
(b) After the territory of one or more school districts
is annexed by one or more other school districts, or after
the division (pursuant to petition under Section 11A-2) of a
unit school district or districts into 2 or more parts which
all are included in 2 or more other community unit districts
resulting upon that division, a computation shall be made to
determine the difference between the salaries effective in
each such annexed or divided district and in the annexing or
resulting district or districts as they each were constituted
on June 30 preceding the date when the change of boundaries
attributable to such annexation or division became effective
for all purposes as determined under Section 7-9, 7A-8 or
11A-10. For the first 4 3 years after any such annexation or
division, a supplementary State aid reimbursement shall be
paid to each annexing or resulting district as constituted
after the annexation or division equal to the difference
between the sum of the salaries earned by each of the
certificated members of such annexing or resulting district
as constituted after the annexation or division while
employed in an annexed or annexing district, or in a divided
or resulting district, during the year immediately preceding
the annexation or division, and the sum of the salaries those
certificated members would have been paid during such
immediately preceding year if placed on the salary schedule
of whichever of such annexing or annexed districts, or
resulting or divided districts, had the highest salary
schedule during such immediately preceding year.
(c) Such supplementary State aid reimbursement shall be
treated as separate from all other payments made pursuant to
Section 18-8 or 18-8.05. In the case of the formation of a
new district, reimbursement shall begin during the first year
of operation of the new district; and in the case of an
annexation of the territory of one or more school districts
by one or more other school districts, or the division
(pursuant to petition under Section 11A-2) of a unit school
district or districts into 2 or more parts which all are
included in 2 or more other community unit districts
resulting upon that division, reimbursement shall begin
during the first year when the change in boundaries
attributable to such annexation or division becomes effective
for all purposes as determined pursuant to Section 7-9, 7A-8
or 11A-10. Each year any such new, annexing or resulting
district, as the case may be, is entitled to receive
reimbursement, the number of eligible certified members who
are employed on October 1 in any such district shall be
certified to the State Board of Education on prescribed forms
by October 15 and payment shall be made on or before November
15 of that year.
(d) If a unit school district annexes all the territory
of another unit school district effective for all purposes
pursuant to Section 7-9 on July 1, 1988, and if part of the
annexed territory is detached within 90 days after July 1,
1988, then the detachment shall be disregarded in computing
the supplementary State aid reimbursements under this Section
for the entire 3 year period and the supplementary State aid
reimbursements shall not be diminished because of the
detachment.
(e) The changes made by this amendatory Act of 1989 are
intended to be retroactive and applicable to any annexation
taking effect after August 1, 1987.
(Source: P.A. 86-13; 86-1334.)
(105 ILCS 5/21-0.01 new)
Sec. 21-0.01. Powers after January 1, 1998. Beginning on
January 1, 1998 and thereafter, the State Board of Education,
in consultation with the State Teacher Certification Board,
shall have the power and authority to do all of the
following:
(1) set standards for teaching, supervising, or
holding other certificated employment in the public
schools, and administer the certification process as
provided in this Article; provided, however, that the
State Teacher Certification Board shall be solely
responsible for the renewal of Standard Teaching
Certificates as provided in Section 21-2;
(2) approve and evaluate teacher and administrator
preparation programs;
(3) enter into agreements with other states
relative to reciprocal approval of teacher and
administrator preparation programs;
(4) establish standards for the issuance of new
types of certificates; and
(5) take such other action relating to the
improvement of instruction in the public schools through
teacher education and professional development and that
attracts qualified candidates into teacher training
programs as is appropriate and consistent with applicable
laws.
(105 ILCS 5/21-1a) (from Ch. 122, par. 21-1a)
Sec. 21-1a. Tests required for certification.
(a) After July 1, 1988, in addition to all other
requirements, early childhood, elementary, special, high
school, school service personnel, or, except as provided in
Section 34-6, administrative certificates shall be issued to
persons who have satisfactorily passed a test of basic skills
and subject matter knowledge. The tests of basic skills and
subject matter knowledge shall be the tests which from time
to time are designated by the State Board of Education in
consultation with the State Teacher Certification Board and
may be tests prepared by an educational testing organization
or tests designed by the State Board of Education in
consultation with the State Teacher Certification Board. The
areas to be covered by the test of basic skills shall include
the basic skills of reading, writing, grammar and
mathematics. The test of subject matter knowledge shall
assess content knowledge in the specific subject field. The
tests shall be designed to be racially neutral to assure that
no person in taking the tests is thereby discriminated
against on the basis of race, color, national origin or other
factors unrelated to the person's ability to perform as a
certificated employee. The score required to pass the tests
of basic skills and subject matter knowledge shall be fixed
by the State Board of Education in consultation with the
State Teacher Certification Board. The tests shall be held
not fewer than 3 times a year at such time and place as may
be designated by the State Board of Education in consultation
with the State Teacher Certification Board.
(b) Except as provided in Section 34-6, the provisions
of subsection (a) of this Section shall apply equally in any
school district subject to Article 34, provided that the
State Board of Education shall determine which certificates
issued under Sections 34-8.1 and 34-83 prior to July 1, 1988
are comparable to any early childhood certificate, elementary
school certificate, special certificate, high school
certificate, school service personnel certificate or
administrative certificate issued under this Article as of
July 1, 1988.
(c) A person who holds an early childhood, elementary,
special, high school or school service personnel certificate
issued under this Article on or at any time before July 1,
1988, including a person who has been issued any such
certificate pursuant to Section 21-11.1 or in exchange for a
comparable certificate theretofore issued under Section
34-8.1 or Section 34-83, shall not be required to take or
pass the tests in order to thereafter have such certificate
renewed.
(d) The State Board of Education in consultation with
the State Teacher Certification Board shall conduct a pilot
administration of the tests by administering the test to
students completing teacher education programs in the 1986-87
school year for the purpose of determining the effect and
impact of testing candidates for certification.
(e) The rules and regulations developed to implement the
required test of basic skills and subject matter knowledge
shall include the requirements of subsections (a), (b), and
(c) and shall include specific regulations to govern test
selection; test validation and determination of a passing
score; administration of the tests; frequency of
administration; applicant fees; frequency of applicants'
taking the tests; the years for which a score is valid; and,
waiving certain additional tests for additional certificates
to individuals who have satisfactorily passed the test of
basic skills and subject matter knowledge as required in
subsection (a). The State Board of Education shall provide,
by rule, specific policies that assure uniformity in the
difficulty level of each form of the basic skills test and
each subject matter knowledge test from test-to-test and
year-to-year. The State Board of Education shall also set a
passing score for the tests.
(f) The State Teacher Certification Board may issue a
nonrenewable temporary certificate between July 1, 1988 and
August 31, 1988 to individuals who have taken the tests of
basic skills and subject matter knowledge prescribed by this
Section but have not received such test scores by August 31,
1988. Such temporary certificates shall expire on December
31, 1988.
(g) Beginning January 1, 1999, the State Board of
Education, in consultation with the State Teacher
Certification Board, shall implement and administer a new
system of certification for teachers in the State of
Illinois. The State Board of Education, in consultation with
the State Teacher Certification Board, shall design and
implement a system of examinations and various other criteria
which shall be required prior to the issuance of Initial
Teaching Certificates and Standard Teaching Certificates.
These examinations and indicators shall be based on national
professional teaching standards, as determined by the State
Board of Education, in consultation with the State Teacher
Certification Board. The State Board of Education may adopt
any and all regulations necessary to implement and administer
this Section.
(h) The State Board of Education shall report to the
Illinois General Assembly and the Governor with
recommendations for further changes and improvements to the
teacher certification system no later than January 1, 1999
and on an annual basis until January 1, 2001.
(Source: P.A. 86-361; 86-734; 86-1028; 86-1471; 86-1488;
87-242.)
(105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
Sec. 21-2. Grades of certificates.
(a) Until January 1, 1999, all certificates issued under
this Article shall be State certificates valid, except as
limited in Section 21-1, in every school district coming
under the provisions of this Act and shall be limited in time
and designated as follows: Provisional vocational
certificate, temporary provisional vocational certificate,
early childhood certificate, elementary school certificate,
special certificate, high school certificate, school service
personnel certificate, administrative certificate,
provisional certificate, and substitute certificate. The
requirement of student teaching under close and competent
supervision for obtaining a teaching certificate may be
waived by the State Teacher Certification Board upon
presentation to the Board by the teacher of evidence of 5
years successful teaching experience on a valid certificate
and graduation from a recognized institution of higher
learning with a bachelor's degree with not less than 120
semester hours and a minimum of 16 semester hours in
professional education.
(b) Initial Teaching Certificate. Beginning January 1,
1999, persons who (1) have completed an approved teacher
preparation program, (2) are recommended by an approved
teacher preparation program, (3) have successfully completed
the Initial Teaching Certification examinations required by
the State Board of Education, and (4) have met all other
criteria established by the State Board of Education in
consultation with the State Teacher Certification Board,
shall be issued an Initial Teaching Certificate valid for 4
years. Initial Teaching Certificates shall be issued for
categories corresponding to Early Childhood Education,
Elementary Education, and Secondary Education, with special
certification designations for Special Education, Bilingual
Education, fundamental learning areas (including Language
Arts, Reading, Mathematics, Science, Social Science, Physical
Development and Health, Fine Arts, and Foreign Language), and
other areas designated by the State Board of Education, in
consultation with the State Teacher Certification Board.
(c) Standard Certificate. Beginning January 1, 1999,
persons who (1) have completed 4 years of teaching with an
Initial Certificate, have successfully completed the Standard
Teaching Certificate examinations, and have met all other
criteria established by the State Board of Education in
consultation with the State Teacher Certification Board, or
(2) were issued teaching certificates prior to January 1,
1999 and are renewing those certificates after January 1,
1999, shall be issued a Standard Certificate valid for 5
years, which may be renewed thereafter every 5 years by the
State Teacher Certification Board based on proof of
continuing education or professional development. Standard
Certificates shall be issued for categories corresponding to
Early Childhood Education, Elementary Education, and
Secondary Education, with special certification designations
for Special Education, Bilingual Education, fundamental
learning areas (including Language Arts, Reading,
Mathematics, Science, Social Science, Physical Development
and Health, Fine Arts, and Foreign Language), and other areas
designated by the State Board of Education, in consultation
with the State Teacher Certification Board.
(d) Master Certificate. Beginning January 1, 1999,
persons who have successfully achieved National Board
certification through the National Board for Professional
Teaching Standards shall be issued a Master Certificate,
valid for 7 years and renewable thereafter every 7 years
through compliance with requirements set forth by the State
Board of Education.
(Source: P.A. 88-92.)
(105 ILCS 5/21-2.1) (from Ch. 122, par. 21-2.1)
Sec. 21-2.1. Early childhood certificate.
(a) An early childhood certificate shall be valid for 4
years for teaching children up to 6 years of age, exclusive
of children enrolled in kindergarten, in facilities approved
by the State Superintendent of Education. Beginning July 1,
1988, such certificate shall be valid for 4 years for
Teaching children through grade 3 in facilities approved by
the State Superintendent of Education. Subject to the
provisions of Section 21-1a, it shall be issued to persons
who have graduated from a recognized institution of higher
learning with a bachelor's degree and with not fewer than 120
semester hours including professional education or human
development or, until July 1, 1992, to persons who have early
childhood education instruction and practical experience
involving supervised work with children under 6 years of age
or with children through grade 3. Such persons shall be
recommended for the early childhood certificate by a
recognized institution as having completed an approved
program of preparation which includes the requisite hours and
academic and professional courses and practical experience
approved by the State Superintendent of Education in
consultation with the State Teacher Certification Board.
(b) Beginning January 1, 1999, Initial and Standard
Early Childhood Education Certificates shall be issued to
persons who meet the criteria established by the State Board
of Education.
(Source: P.A. 85-1389.)
(105 ILCS 5/21-2a) (from Ch. 122, par. 21-2a)
Sec. 21-2a. Required curriculum for all teachers. After
September 1, 1981 and until January 1, 1999, in addition to
all other requirements, the successful completion of course
work which includes instruction on the psychology of the
exceptional child, the identification of the exceptional
child, including, but not limited to the learning disabled
and methods of instruction for the exceptional child,
including, but not limited to the learning disabled shall be
a prerequisite to a person receiving any of the following
certificates:; early childhood, elementary, special and high
school.
(Source: P.A. 81-1082.)
(105 ILCS 5/21-3) (from Ch. 122, par. 21-3)
Sec. 21-3. Elementary certificate.
(a) An elementary school certificate shall be valid for
4 years for teaching in the kindergarten and lower 9 grades
of the common schools. Subject to the provisions of Section
21-1a, it shall be issued to persons who have graduated from
a recognized institution of higher learning with a bachelor's
degree and with not fewer than 120 semester hours and with a
minimum of 16 semester hours in professional education,
including 5 semester hours in student teaching under
competent and close supervision. Such persons shall be
recommended for the elementary certificate by a recognized
institution as having completed an approved program of
preparation which includes intensive preservice training in
the humanities, natural sciences, mathematics and the
academic and professional courses approved by the State
Superintendent of Education in consultation with the State
Teacher Certification Board.
(b) Beginning January 1, 1999, Initial and Standard
Elementary Certificates shall be issued to persons who meet
all of the criteria established by the State Board of
Education for elementary education.
(Source: P.A. 84-126.)
(105 ILCS 5/21-4) (from Ch. 122, par. 21-4)
Sec. 21-4. Special certificate.
(a) A special certificate shall be valid for 4 years for
teaching the special subjects named therein in all grades of
the common schools. Subject to the provisions of Section
21-1a, it shall be issued to persons who have graduated from
a recognized institution of higher learning with a bachelor's
degree and with not fewer than 120 semester hours including a
minimum of 16 semester hours in professional education, 5 of
which shall be in student teaching under competent and close
supervision. When the holder of such certificate has earned a
master's degree, including eight semester hours of graduate
professional education from a recognized institution of
higher learning and with two years' teaching experience, it
may be endorsed for supervision.
Such persons shall be recommended for the special
certificate by a recognized institution as having completed
an approved program of preparation which includes academic
and professional courses approved by the State Superintendent
of Education in consultation with the State Teacher
Certification Board.
(b) Beginning January 1, 1999, special certification
designations shall be issued for Special Education, Bilingual
Education, fundamental learning areas (Language Arts,
Reading, Mathematics, Science, Social Science, Physical
Development and Health, Fine Arts, and Foreign Language), and
other areas designated by the State Board of Education, to
persons who meet all of the criteria established by the State
Board of Education, in consultation with the State Teacher
Certification Board.
(Source: P.A. 84-126.)
(105 ILCS 5/21-5) (from Ch. 122, par. 21-5)
Sec. 21-5. High school certificate.
(a) A high school certificate shall be valid for 4 years
for teaching in grades 6 to 12 inclusive of the common
schools. Subject to the provisions of Section 21-1a, it shall
be issued to persons who have graduated from a recognized
institution of higher learning with a bachelor's degree and
with not fewer than 120 semester hours including 16 semester
hours in professional education, 5 of which shall be in
student teaching under competent and close supervision and
with one or more teaching fields. Such persons shall be
recommended for the high school certificate by a recognized
institution as having completed an approved program of
preparation which includes the academic and professional
courses approved by the State Superintendent of Education in
consultation with the State Teacher Certification Board.
(b) Beginning January 1, 1999, Initial and Standard
Secondary Certificates shall be issued to persons who meet
all of the criteria established by the State Board of
Education for secondary education.
(Source: P.A. 84-126.)
(105 ILCS 5/21-5a) (from Ch. 122, par. 21-5a)
Sec. 21-5a. Alternative math-science certification. The
State Board of Education, in consultation with the State
Teacher Certification Board, shall establish and implement an
alternative certification program under which persons who
qualify for admission to, and who successfully complete the
program and meet the additional requirements established by
this Section shall be issued an initial alternative teaching
certificate for teaching mathematics, science or mathematics
and science in grades 9 through 12 of the common schools. In
establishing an alternative certification program under this
Section, the State Board of Education shall designate an
appropriate area within the State where the program shall be
offered and made available to persons qualified for admission
to the program. In addition, the State Board of Education,
in cooperation with one or more recognized institutions of
higher learning, shall develop a comprehensive course of
study that persons admitted to the program must successfully
complete in order to satisfy one criterion for issuance of an
initial alternative certificate under this Section. The
comprehensive course of study so developed shall include one
semester of practice teaching.
An initial alternative teaching certificate, valid for 4
years for teaching mathematics, science or mathematics and
science in grades 9 through 12 of the common schools and
renewable as provided in Section 21-14, shall be issued under
this Section 21-5a to persons who qualify for admission to
the alternative certification program and who at the time of
applying for an initial alternative teaching certificate
under this Section:
(1) have graduated with a master's degree in
mathematics or any science discipline from an institution
of higher learning whose scholarship standards are
approved by the State Board of Education for purposes of
the alternative certification program;
(2) have been employed for at least 10 years in an
area requiring knowledge and practical application of
their academic background in mathematics or a science
discipline;
(3) have successfully completed the alternative
certification program and the course of comprehensive
study, including one semester of practice teaching,
developed as part of the program as provided in this
Section and approved by the State Board of Education; and
(4) have passed the examinations required by test
of basic skills and subject matter knowledge required by
Section 21-1a.
The alternative certification program shall be
implemented at the commencement of the 1992-1993 academic
year.
The State Board of Education shall establish criteria for
admission to the alternative certification program and shall
adopt rules and regulations that are consistent with this
Section and that the State Board of Education deems necessary
to establish and implement the program.
(Source: P.A. 87-446.)
(105 ILCS 5/21-5c new)
Sec. 21-5c. Alternative route to teacher certification.
The State Board of Education, in consultation with the State
Teacher Certification Board, shall establish and implement an
alternative route to teacher certification program under
which persons who meet the requirements of and successfully
complete the program established by this Section shall be
issued an initial teaching certificate for teaching in
schools in this State. The State Board of Education shall
approve a course of study that persons in the program must
successfully complete in order to satisfy one criterion for
issuance of a certificate under this Section. The
Alternative Route to Teacher Certification program course of
study must include the current content and skills contained
in a university's current courses for State certification
which have been approved by the State Board of Education, in
consultation with the State Teacher Certification Board, as
the requirement for State teacher certification.
The program established under this Section shall be known
as the Alternative Route to Teacher Certification program.
The program may be offered in conjunction with one or more
not-for-profit organizations in the State. The program shall
be comprised of the following 3 phases: (a) a course of study
offered on an intensive basis in education theory,
instructional methods, and practice teaching; (b) the
person's assignment to a full-time teaching position for one
school year, including the designation of a mentor teacher to
advise and assist the person with that teaching assignment;
and (c) a comprehensive assessment of the person's teaching
performance by school officials and program participants and
a recommendation by the institution of higher education to
the State Board of Education that the person be issued an
initial teaching certificate. Successful completion of the
Alternative Route to Teacher Certification program shall be
deemed to satisfy any other practice or student teaching and
subject matter requirements established by law.
A provisional alternative teaching certificate, valid for
one year of teaching in the common schools and not renewable,
shall be issued under this Section 21-5c to persons who at
the time of applying for the provisional alternative teaching
certificate under this Section:
(1) have graduated from an accredited college or
university with a bachelor's degree;
(2) have been employed for a period of at least 5
years in an area requiring application of the
individual's education;
(3) have successfully completed the first phase of
the Alternative Teacher Certification program as provided
in this Section; and
(4) have passed the tests of basic skills and
subject matter knowledge required by Section 21-1a.
An initial teaching certificate, valid for teaching in
the common schools, shall be issued under Section 21-3 or
21-5 to persons who first complete the requirements for the
provisional alternative teaching certificate and who at the
time of applying for an initial teaching certificate have
successfully completed the second and third phases of the
Alternative Route to Teacher Certification program as
provided in this Section.
A person possessing a provisional alternative certificate
or an initial teaching certificate earned under this Section
shall be treated as a regularly certified teacher for
purposes of compensation, benefits, and other terms and
conditions of employment afforded teachers in the school who
are members of a bargaining unit represented by an exclusive
bargaining representative, if any.
The State Board of Education may adopt rules and
regulations that are consistent with this Section and that
the State Board deems necessary to establish and implement
the program.
(105 ILCS 5/21-5d new)
Sec. 21-5d. Alternative route to administrative
certification. The State Board of Education, in consultation
with the State Teacher Certification Board and an advisory
panel consisting of no less than 7 administrators appointed
by the State Superintendent of Education, shall establish and
implement an alternative route to administrative
certification program under which persons who meet the
requirements of and successfully complete the program
established by this Section shall be issued a standard
administrative certificate for serving as an administrator in
schools in this State. For the purposes of this Section
only, "administrator" means a person holding any
administrative position for which a standard administrative
certificate with a general administrative endorsement, chief
school business official endorsement, or superintendent
endorsement is required, except a principal or an assistant
principal. The State Board of Education shall approve a
course of study that persons in the program must successfully
complete in order to satisfy one criterion for issuance of a
certificate under this Section. The Alternative Route to
Administrative Certification program course of study must
include the current content and skills contained in a
university's current courses for State certification which
have been approved by the State Board of Education, in
consultation with the State Teacher Certification Board, as
the requirement for administrative certification.
The program established under this Section shall be known
as the Alternative Route to Administrative Certification
program. The program shall be comprised of the following 3
phases: (a) a course of study offered on an intensive basis
in education management, governance, organization, and
planning; (b) the person's assignment to a full-time position
for one school year as an administrator; and (c) a
comprehensive assessment of the person's performance by
school officials and a recommendation to the State Board of
Education that the person be issued a standard administrative
certificate. Successful completion of the Alternative Route
to Administrative Certification program shall be deemed to
satisfy any other supervisory, administrative, or management
experience requirements established by law.
A provisional alternative administrative certificate,
valid for one year of serving as an administrator in the
common schools and not renewable, shall be issued under this
Section 21-5d to persons who at the time of applying for the
provisional alternative administrative certificate under this
Section:
(1) have graduated from an accredited college or
university with a master's degree in a management field
or with a bachelor's degree and the life experience
equivalent of a master's degree in a management field as
determined by the State Board of Education;
(2) have been employed for a period of at least 5
years in a management level position;
(3) have successfully completed the first phase of
the Alternative Route to Administrative Certification
program as provided in this Section; and
(4) have passed any examination required by the
State Board of Education.
A standard administrative certificate with a general
administrative endorsement, chief school business official
endorsement, or superintendent endorsement, renewable as
provided in Section 21-14, shall be issued under Section
21-7.1 to persons who first complete the requirements for the
provisional alternative administrative certificate and who at
the time of applying for a standard administrative
certificate have successfully completed the second and third
phases of the Alternative Route to Administrative
Certification program as provided in this Section.
The State Board of Education may adopt rules and
regulations that are consistent with this Section and that
the State Board deems necessary to establish and implement
the program.
(105 ILCS 5/21-10) (from Ch. 122, par. 21-10)
Sec. 21-10. Provisional certificate.
(A) Until July 1, 1972, the State Teacher Certification
Board may issue a provisional certificate valid for teaching
in elementary, high school or special subject fields subject
to the following conditions:
A provisional certificate may be issued to a person who
presents certified evidence of having earned a bachelor's
degree from a recognized institution of higher learning. The
academic and professional courses offered as a basis of the
provisional certificate shall be courses approved by the
State Board of Education in consultation with the State
Teacher Certification Board.
A certificate earned under this plan may be renewed at
the end of each two-year period upon evidence filed with the
State Teacher Certification Board that the holder has earned
8 semester hours of credit within the period; provided the
requirements for the certificate of the same type issued for
the teaching position for which the teacher is employed shall
be met by the end of the second renewal period. A second
provisional certificate shall not be issued. The credits so
earned must be approved by the State Board of Education in
consultation with the State Teacher Certification Board and
must meet the general pattern for a similar type of
certificate issued on the basis of credit. No more than 4
semester hours shall be chosen from elective subjects.
(B) After July 1, 1972, the State Teacher Certification
Board may issue a provisional certificate valid for teaching
in early childhood, elementary, high school or special
subject fields, or for providing service as school service
personnel or for administering schools subject to the
following conditions: A provisional certificate may be issued
to a person who meets the requirements for a regular
teaching, school service personnel or administrative
certificate in another State and who presents certified
evidence of having earned a bachelor's degree from a
recognized institution of higher learning. The academic and
professional courses offered as a basis of the provisional
certificate shall be courses approved by the State Board of
Education in consultation with the State Teacher
Certification Board. A certificate earned under this plan is
valid for a period of 2 years and shall not be renewed;
however, the individual to whom this certificate is issued
shall have passed or shall pass the examinations set forth by
the State Board of Education basic skills test and subject
matter knowledge test or tests within 9 months of the date of
issuance of the provisional certificate. Failure to pass the
tests, required in Section 21-1a, shall result in the
cancellation of the provisional certificate.
(C) The State Teacher Certification Board may also issue
a provisional vocational certificate and a temporary
provisional vocational certificate.
(1) The requirements for a provisional vocational
certificate shall be determined by the State Board of
Education in consultation with the State Teacher Board;
provided, the following minimum requirements are met: (a)
after July 1, 1972, at least 30 semester hours of credit
from a recognized institution of higher learning; and (b)
after July 1, 1974, at least 60 semester hours of credit
from a recognized institution of higher learning.
(2) The requirements for a temporary provisional
vocational certificate shall be determined by the State
Board of Education in consultation with the State Teacher
Certification Board; provided, the following minimum
requirements are met: (a) after July 1, 1973, at least
4,000 hours of work experience in the skill to be
certified for teaching; and (b) after July 1, 1975, at
least 8,000 hours of work experience in the skill to be
certified for teaching. Any certificate issued under the
provisions of this paragraph shall expire on June 30
following the date of issue. Renewals may be granted on
a yearly basis, but shall not be granted to any person
who does not file with the State Teacher Certification
Board a transcript showing at least 3 semester hours of
credit earned during the previous year in a recognized
institution of learning. No such certificate shall be
issued except upon certification by the employing board,
subject to the approval of the regional superintendent of
schools, that no qualified teacher holding a regular
certificate or a provisional vocational certificate is
available and that actual circumstances and need require
such issuance.
The courses or work experience offered as a basis for the
issuance of the provisional vocational certificate or the
temporary provisional vocational certificate shall be
approved by the State Board of Education in consultation with
the State Teacher Certification Board.
(D) Until July 1, 1972, the State Teacher Certification
Board may also issue a provisional foreign language
certificate valid for 4 years for teaching the foreign
language named therein in all grades of the common schools
and shall be issued to persons who have graduated from a
recognized institution of higher learning with not fewer than
120 semester hours of credit and who have met other
requirements as determined by the State Board of Education in
consultation with the State Teacher Certification Board. If
the holder of a provisional foreign language certificate is
not a citizen of the United States within 6 years of the date
of issuance of the original certificate, such certificate
shall be suspended by the regional superintendent of schools
of the region in which the holder is engaged to teach and
shall not be reinstated until the holder is a citizen of the
United States.
(E) Notwithstanding anything in this Act to the
contrary, the State Teacher Certification Board shall issue
part-time provisional certificates to eligible individuals
who are professionals and craftsmen.
The requirements for a part-time provisional teachers
certificate shall be determined by the State Board of
Education in consultation with the State Teacher
Certification Board, provided the following minimum
requirements are met: 60 semester hours of credit from a
recognized institution of higher learning or 4000 hours of
work experience in the skill to be certified for teaching.
A part-time provisional certificate may be issued for
teaching no more than 2 courses of study for grades 6 through
12.
A part-time provisional teachers certificate shall be
valid for 2 years and may be renewed at the end of each 2
year period.
(Source: P.A. 88-204.)
(105 ILCS 5/21-11.1) (from Ch. 122, par. 21-11.1)
Sec. 21-11.1. Certificates for equivalent
qualifications. An applicant who holds or is eligible to hold
a teacher's certificate or license under the laws of another
state or territory of the United States may be granted a
corresponding teacher's certificate in Illinois on the
written authorization of the State Board of Education and the
State Teacher Certification Board upon the following
conditions:
(1) That the applicant is at least 19 years of age,
is of good character, good health and a citizen of the
United States; and
(2) That the requirements for a similar teacher's
certificate in the particular state or territory were, at
the date of issuance of the certificate, substantially
equal to the requirements in force at the time the
application is made for the certificate in this State.
After January 1, 1988, in addition to satisfying the
foregoing conditions and requirements, an applicant for a
corresponding teaching certificate in Illinois also shall be
required to pass the examinations test of basic skills and
subject matter knowledge required under the provisions of
Section 21-1a as directed by the State Board of Education.
In determining good character under this Section, any
felony conviction of the applicant may be taken into
consideration, but the conviction shall not operate as a bar
to registration.
The State Board of Education in consultation with the
State Teacher Certification Board shall prescribe rules and
regulations establishing the similarity of certificates in
other states and the standards for determining the
equivalence of requirements.
(Source: P.A. 87-242.)
(105 ILCS 5/21-11.3) (from Ch. 122, par. 21-11.3)
Sec. 21-11.3. Resident teacher certificate. A resident
teacher certificate shall be valid for 2 years for employment
as a resident teacher in a public school. It shall be issued
only to persons who have graduated from a recognized
institution of higher education with a bachelor's degree, who
are enrolled in a program of preparation approved by the
State Superintendent of Education in consultation with the
State Teacher Certification Board, and who have passed the
appropriate tests as required in test of basic skills
required by Section 21-1a and as determined by the State
Board of Education. A resident teacher certificate may be
issued for teaching children through grade 3 or for grades
K-9, 6-12, or K-12 in a special subject area and may not be
renewed. A resident teacher may teach only in conjunction
with and under the direction of a certified teacher and shall
not teach in place of a certified teacher.
(Source: P.A. 87-222.)
(105 ILCS 5/21-11.4)
Sec. 21-11.4. Illinois Teacher Corps.
(a) The General Assembly finds and determines that (i)
it is important to encourage the entry of qualified
professionals into elementary and secondary teaching as a
second career; and (ii) there are a number of individuals who
have bachelors' degrees, experience in the work force, and an
interest in serving youth that creates a special talent pool
with great potential for enriching the lives of Illinois
children as teachers. To provide this talent pool with the
opportunity to serve children as teachers, school districts,
colleges, and universities are encouraged, as part of the
public policy of this State, to enter into collaborative
programs to educate and induct these non-traditional
candidates into the teaching profession. To facilitate the
certification of such candidates, the State Board of
Education, in consultation with the State Teacher
Certification Board, shall assist institutions of higher
education and school districts with the implementation of the
Illinois Teacher Corps.
(b) Individuals who wish to become candidates for the
Illinois Teacher Corps program must earn a resident teacher
certificate as defined in Section 21-11.3, including:
(1) graduation from a recognized institution of
higher education with a bachelor's degree and at least a
3.00 out of a 4.00 grade point average;
(2) a minimum of 5 years of professional experience
in the area the candidate wishes to teach;
(3) passing the examinations required by the State
Board of Education test of basic skills and subject
matter required by Section 21-1a;
(4) enrollment in a Masters of Education Degree
program approved by the State Superintendent of Education
in consultation with the State Teacher Certification
Board; and
(5) completion of a 6 week summer intensive teacher
preparation course which is the first component of the
Masters Degree program.
(c) School districts may hire an Illinois Teacher Corps
candidate after the candidate has received his or her
resident teacher certificate. The school district has the
responsibility of ensuring that the candidates receive the
supports necessary to become qualified, competent and
productive teachers. To be eligible to participate in the
Illinois Teacher Corps program, school districts must provide
a minimum of the following supports to the candidates:
(1) a salary and benefits package as negotiated
through the teacher contracts;
(2) a mentor certified teacher who will provide
guidance to one or more candidates under a program
developed collaboratively by the school district and
university;
(3) at least quarterly evaluations performed of
each candidate jointly by the mentor teacher and the
principal of the school or the principal's designee; and
(4) a written and signed document from the school
district outlining the support the district intends to
provide to the candidates, for approval by the State
Teacher Certification Board.
(d) Illinois institutions of higher education shall work
collaboratively with school districts and the State Teacher
Certification Board to academically prepare the candidates
for the teaching profession. To be eligible to participate,
the College or School of Education of a participating
Illinois institution of higher education must develop a
curriculum that provides, upon completion, a Masters Degree
in Education for the candidates. The Masters Degree program
must:
(1) receive approval from the State Teacher
Certification Board; and
(2) take no longer than 3 summers and 2 academic
years to complete, and balance the needs and time
constraints of the candidates.
(e) Upon successful completion of the Masters Degree
program, the candidate receives an Initial Teaching
Certificate becomes a fully certified teacher in the State of
Illinois and all other general education academic coursework
deficiencies are waived.
(f) If an individual wishes to become a candidate in the
Illinois Teacher Corps program, but does not possess 5 years
of professional experience, the individual may qualify for
the program by participating in a one year internship
teacher preparation program with a school district. The one
year internship shall be developed collaboratively by the
school district and the Illinois institution of higher
education, and shall be approved by the State Teacher
Certification Board.
(g) The State Board of Education is authorized to award
grants to school districts that seek to prepare candidates
for the teaching profession who have bachelors' degrees and
professional work experience in subjects relevant to teaching
fields, but who do not have formal preparation for teaching.
Grants may be made to school districts for up to $3,000 per
candidate when the school district, in cooperation with a
public or private university and the school district's
teacher bargaining unit, develop a program designed to
prepare teachers pursuant to the Illinois Teacher Corps
program under this Section.
(Source: P.A. 88-204.)
(105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
Sec. 21-14. Registration and renewal of certificates.)
(a) A limited four-year certificate or a certificate
issued after July 1, 1955, shall be renewable at its
expiration or within 60 days thereafter by the county
superintendent of schools having supervision and control over
the school where the teacher is teaching upon certified
evidence of meeting the requirements for renewal as required
by this Act and prescribed by the State Board of Education in
consultation with the State Teacher Certification Board. An
elementary supervisory certificate shall not be renewed at
the end of the first four-year period covered by the
certificate unless the holder thereof has filed certified
evidence with the State Teacher Certification Board that he
has a master's degree or that he has earned 8 semester hours
of credit in the field of educational administration and
supervision in a recognized institution of higher learning.
The holder shall continue to earn 8 semester hours of credit
each four-year period until such time as he has earned a
master's degree.
All certificates not renewed or registered as herein
provided shall lapse after a period of 4 years from the
expiration of the last year of registration. Such
certificates may be reinstated for a one year period upon
payment of all accumulated registration fees. Such
reinstated certificates shall only be renewed: (1) by earning
5 semester hours of credit in a recognized institution of
higher learning in the field of professional education or in
courses related to the holder's contractual teaching duties;
or (2) by presenting evidence of holding a valid regular
certificate of some other type. Any certificate may be
voluntarily surrendered by the certificate holder. A
voluntarily surrendered certificate shall be treated as a
revoked certificate.
(b) When those teaching certificates issued before
January 1, 1999 are renewed for the first time after January
1, 1999, all such teaching certificates shall be exchanged
for Standard Teaching Certificates as provided in subsection
(c) of Section 21-2. All Initial and Standard Teaching
Certificates, including those issued to persons who
previously held teaching certificates issued before January
1, 1999, shall be renewable under the conditions set forth in
this subsection (b).
Initial Teaching Certificates are valid for 4 years and
are nonrenewable. Standard Teaching Certificates are
renewable every 5 years as provided in subsection (c) of
Section 21-2.
(Source: P.A. 86-400.)
(105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
Sec. 24-11. Boards of Education - Boards of School
Inspectors - Contractual continued service. As used in this
and the succeeding Sections of this Article:,
"Teacher" means any or all school district employees
regularly required to be certified under laws relating to the
certification of teachers.,
"Board" means board of directors, board of education, or
board of school inspectors, as the case may be., and
"School term" means that portion of the school year, July
1 to the following June 30, when school is in actual session.
This Section and Sections 24-12 through 24-16 of this
Article apply only to school districts having less than
500,000 inhabitants.
Any teacher who has been employed in any district as a
full-time teacher for a probationary period of 2 consecutive
school terms shall enter upon contractual continued service
unless given written notice of dismissal stating the specific
reason therefor, by certified mail, return receipt requested
by the employing board at least 45 60 days before the end of
such period; except that for a teacher who is first employed
by a school district on or after January 1, 1998 and who has
not before that date already entered upon contractual
continued service in that district, the probationary period
shall be 4 consecutive school terms before the teacher shall
enter upon contractual continued service. For the purpose of
determining contractual continued service, the first
probationary year shall be any full-time employment from a
date before November 1 through the end of the school year.
If, however, a teacher has not had one school term of
full-time teaching experience before the beginning of such
probationary period, the employing board may at its option
extend such probationary period for one additional school
term by giving the teacher written notice by certified mail,
return receipt requested at least 60 days before the end of
the second school term of the period of 2 consecutive school
terms referred to above. Such notice must state the reasons
for the one year extension and must outline the corrective
actions which the teacher should take to satisfactorily
complete probation.
Any full-time teacher who is not completing the last
first year of the probationary period described in the
preceding paragraph, or any teacher employed on a full-time
basis not later than January 1 of the school term, shall
receive written notice from the employing board at least 45
60 days before the end of any school term whether or not he
will be re-employed for the following school term. If the
board fails to give such notice, the employee shall be deemed
reemployed, and not later than the close of the then current
school term the board shall issue a regular contract to the
employee as though the board had reemployed him in the usual
manner.
Contractual continued service shall continue in effect
the terms and provisions of the contract with the teacher
during the last school term of the probationary period,
subject to this Act and the lawful regulations of the
employing board. This Section and succeeding Sections do not
modify any existing power of the board except with respect to
the procedure of the discharge of a teacher and reductions in
salary as hereinafter provided. Contractual continued service
status shall not restrict the power of the board to transfer
a teacher to a position which the teacher is qualified to
fill or to make such salary adjustments as it deems
desirable, but unless reductions in salary are uniform or
based upon some reasonable classification, any teacher whose
salary is reduced shall be entitled to a notice and a hearing
as hereinafter provided in the case of certain dismissals or
removals.
The employment of any teacher in a program of a special
education joint agreement established under Section 3-15.14,
10-22.31 or 10-22.31a shall be under this and succeeding
Sections of this Article. For purposes of attaining and
maintaining contractual continued service and computing
length of continuing service as referred to in this Section
and Section 24-12, employment in a special educational joint
program shall be deemed a continuation of all previous
certificated employment of such teacher for such joint
agreement whether the employer of the teacher was the joint
agreement, the regional superintendent, or one of the
participating districts in the joint agreement.
Any teacher employed after July 1, 1987 as a full-time
teacher in a program of a special education joint agreement,
whether the program is operated by the joint agreement or a
member district on behalf of the joint agreement, for a
probationary period of two consecutive years shall enter upon
contractual continued service in all of the programs
conducted by such joint agreement which the teacher is
legally qualified to hold; except that for a teacher who is
first employed on or after January 1, 1998 in a program of a
special education joint agreement and who has not before that
date already entered upon contractual continued service in
all of the programs conducted by the joint agreement that the
teacher is legally qualified to hold, the probationary period
shall be 4 consecutive years before the teacher enters upon
contractual continued service in all of those programs. In
the event of a reduction in the number of programs or
positions in the joint agreement, the teacher on contractual
continued service shall be eligible for employment in the
joint agreement programs for which the teacher is legally
qualified in order of greater length of continuing service in
the joint agreement unless an alternative method of
determining the sequence of dismissal is established in a
collective bargaining agreement. In the event of the
dissolution of a joint agreement, the teacher on contractual
continued service who is legally qualified shall be assigned
to any comparable position in a member district currently
held by a teacher who has not entered upon contractual
continued service or held by a teacher who has entered upon
contractual continued service with shorter length of
contractual continued service.
The governing board of the joint agreement, or the
administrative district, if so authorized by the articles of
agreement of the joint agreement, rather than the board of
education of a school district, may carry out employment and
termination actions including dismissals under this Section
and Section 24-12.
For purposes of this and succeeding Sections of this
Article, a program of a special educational joint agreement
shall be defined as instructional, consultative, supervisory,
administrative, diagnostic, and related services which are
managed by the special educational joint agreement designed
to service two or more districts which are members of the
joint agreement.
Each joint agreement shall be required to post by
February 1, a list of all its employees in order of length of
continuing service in the joint agreement, unless an
alternative method of determining a sequence of dismissal is
established in an applicable collective bargaining agreement.
The employment of any teacher in a special education
program authorized by Section 14-1.01 through 14-14.01, or a
joint educational program established under Section
10-22.31a, shall be under this and the succeeding Sections of
this Article, and such employment shall be deemed a
continuation of the previous employment of such teacher in
any of the participating districts, regardless of the
participation of other districts in the program. Any teacher
employed as a full-time teacher in a special education
program prior to September 23, 1987 in which 2 or more school
districts participate for a probationary period of 2
consecutive years shall enter upon contractual continued
service in each of the participating districts, subject to
this and the succeeding Sections of this Article, and in the
event of the termination of the program shall be eligible for
any vacant position in any of such districts for which such
teacher is qualified.
(Source: P.A. 85-1163; 85-1209; 85-1440.)
(105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5)
Sec. 24A-5. Content of evaluation plans. Each school
district to which this Article applies shall establish a
teacher evaluation plan which ensures that each teacher in
contractual continued service is evaluated at least once in
the course of every 2 school years, beginning with the
1986-87 school year.
The evaluation plan shall comply with the requirements of
this Section and of any rules adopted by the State Board of
Education pursuant to this Section.
The plan shall include a description of each teacher's
duties and responsibilities and of the standards to which
that teacher is expected to conform.
The plan may provide for evaluation of personnel whose
positions require administrative certification by independent
evaluators not employed by or affiliated with the school
district. The results of the school district administrators'
evaluations shall be reported to the employing school board,
together with such recommendations for remediation as the
evaluator or evaluators may deem appropriate.
Evaluation of teachers whose positions do not require
administrative certification shall be conducted by an
administrator qualified under Section 24A-3, or -- in school
districts having a population exceeding 500,000 -- by either
an administrator qualified under Section 24A-3 or an
assistant principal under the supervision of an administrator
qualified under Section 24A-3, and shall include at least the
following components:
(a) personal observation of the teacher in the
classroom (on at least 2 different school days in school
districts having a population exceeding 500,000) by a
district administrator qualified under Section 24A-3, or
-- in school districts having a population exceeding
500,000 -- by either an administrator qualified under
Section 24A-3 or an assistant principal under the
supervision of an administrator qualified under Section
24A-3, unless the teacher has no classroom duties.
(b) consideration of the teacher's attendance,
planning, and instructional methods, classroom
management, where relevant, and competency in the subject
matter taught, where relevant.
(c) rating of the teacher's performance as
"excellent", "satisfactory" or "unsatisfactory".
(d) specification as to the teacher's strengths and
weaknesses, with supporting reasons for the comments
made.
(e) inclusion of a copy of the evaluation in the
teacher's personnel file and provision of a copy to the
teacher.
(f) within 30 days after completion of an
evaluation rating a teacher as "unsatisfactory",
development and commencement by the district, or by an
administrator qualified under Section 24A-3 or an
assistant principal under the supervision of an
administrator qualified under Section 24A-3 in school
districts having a population exceeding 500,000, of a
remediation plan designed to correct deficiencies cited,
provided the deficiencies are deemed remediable. In all
school districts having a population exceeding 500,000
the remediation plan for unsatisfactory, tenured teachers
shall provide for 90 school 45 days of school remediation
within the classroom. Additional remediation, up to 6
months (inclusive of the 45 days), may be provided only
in those cases where at the termination of the 45 day
in-class remediation, the principal and consulting
teacher provided for herein determine (based on the
teacher's progress) that the teacher may be remediable,
but such additional remediation shall create no
presumption of remediability and may be terminated at any
time after 45 or 90 days by the principal. The principal
and consulting teacher shall determine if the additional
remediation time shall be conducted within or outside of
the assigned classroom. In all school districts
evaluations issued pursuant to this Section in school
districts having a population exceeding 500,000 shall be
issued within 10 days after the conclusion of the
respective remediation plan. However, the school board
or other governing authority of the district shall not
lose jurisdiction to discharge a teacher in the event the
evaluation is not issued within 10 days after the
conclusion of the respective remediation plan.
(g) participation in the remediation plan by the
teacher rated "unsatisfactory", a district administrator
qualified under Section 24A-3 (or -- in a school district
having a population exceeding 500,000 -- an administrator
qualified under Section 24A-3 or an assistant principal
under the supervision of an administrator qualified under
Section 24A-3), and a consulting teacher, selected by the
participating administrator or by the principal, or -- in
school districts having a population exceeding 500,000 --
by an administrator qualified under Section 24A-3 or by
an assistant principal under the supervision of an
administrator qualified under Section 24A-3, of the
teacher who was rated "unsatisfactory", which consulting
teacher is an educational employee as defined in the
Educational Labor Relations Act, has at least 5 years'
teaching experience and a reasonable familiarity with the
assignment of the teacher being evaluated, and who
received an "excellent" rating on his or her most recent
evaluation. Where no teachers who meet these criteria
are available within the district, the district shall
request and the State Board of Education shall supply, to
participate in the remediation process, an individual who
meets these criteria.
In a district having a population of less than
500,000 with an exclusive bargaining agent, the
bargaining agent may, if it so chooses, supply a roster
of qualified teachers from whom the consulting teacher is
to be selected. That roster shall, however, contain the
names of at least 5 teachers, each of whom meets the
criteria for consulting teacher with regard to the
teacher being evaluated, or the names of all teachers so
qualified if that number is less than 5. In the event of
a dispute as to qualification, the State Board shall
determine qualification.
(h) quarterly evaluations and ratings for one year
immediately following receipt of an "unsatisfactory"
rating of a teacher for whom a remediation plan has been
developed; provided that in school districts having a
population exceeding 500,000 there shall be monthly
evaluations and ratings for the first 6 months and
quarterly evaluations and ratings for the next 6 months
immediately following completion of the remediation
program of a teacher for whom a remediation plan has been
developed. These subsequent evaluations shall be
conducted by the participating administrator, or -- in
school districts having a population exceeding 500,000 --
by either the principal or by an assistant principal
under the supervision of an administrator qualified under
Section 24A-3. The consulting teacher shall provide
advice to the teacher rated "unsatisfactory" on how to
improve teaching skills and to successfully complete the
remediation plan. The consulting teacher shall
participate in developing the remediation plan, but the
final decision as to the evaluation shall be done solely
by the administrator, or -- in school districts having a
population exceeding 500,000 -- by either the principal
or by an assistant principal under the supervision of an
administrator qualified under Section 24A-3, unless an
applicable collective bargaining agreement provides to
the contrary. Teachers in the remediation process in a
school district having a population exceeding 500,000 are
not subject to the annual evaluations described in
paragraphs (a) through (e) of this Section. Evaluations
at the conclusion of the remediation process shall be
separate and distinct from the required annual
evaluations of teachers and shall not be subject to the
guidelines and procedures relating to those annual
evaluations. The evaluator may but is not required to
use the forms provided for the annual evaluation of
teachers in the district's evaluation plan.
(i) in school districts having a population of less
than 500,000, reinstatement to a schedule of biennial
evaluation for any teacher who completes the 1-year
remediation plan with a "satisfactory" or better rating,
unless the district's plan regularly requires more
frequent evaluations; and in school districts having a
population exceeding 500,000, reinstatement to a schedule
of biennial evaluation for any teacher who completes the
90 45 school day remediation plan or extended plan of up
to 6-months with a "satisfactory" or better rating and
the one year intensive review schedule as provided in
paragraph (h) of this Section with a "satisfactory" or
better rating, unless such district's plan regularly
requires more frequent evaluations.
(j) dismissal in accordance with Section 24-12 or
34-85 of The School Code of any teacher who fails to
complete any applicable remediation plan with a
"satisfactory" or better rating. Districts and teachers
subject to dismissal hearings are precluded from
compelling the testimony of consulting teachers at such
hearings under Section 24-12 or 34-85, either as to the
rating process or for opinions of performances by
teachers under remediation.
In a district districts subject to a collective
bargaining agreement as of the effective date of this
amendatory Act of 1997 August 1, 1985, any changes made by
this amendatory Act to the provisions of this Section that
are contrary to the express terms and provisions of that
agreement shall go into effect in that district only upon
expiration of that agreement. Thereafter, collectively
bargained evaluation plans shall at a minimum meet the
standards of this Article. If such a district has an
evaluation plan, however, whether pursuant to the collective
bargaining agreement or otherwise, a copy of that plan shall
be submitted to the State Board of Education for review and
comment, in accordance with Section 24A-4.
Nothing in this Section shall be construed as preventing
immediate dismissal of a teacher for deficiencies which are
deemed irremediable or for actions which are injurious to or
endanger the health or person of students in the classroom or
school. Failure to strictly comply with the time requirements
contained in Section 24A-5 shall not invalidate the results
of the remediation plan.
(Source: P.A. 89-15, eff. 5-30-95.)
(105 ILCS 5/27A-2)
Sec. 27A-2. Legislative declaration.
(a) The General Assembly finds and declares as follows:
(1) Encouraging educational excellence is in the
best interests of the people of this State.
(2) There are educators, community members, and
parents in Illinois who can offer flexible and innovative
educational techniques and programs, but who lack an
avenue through which to provide them within the public
school system.
(3) The enactment of legislation authorizing
charter schools to operate in Illinois will promote new
options within the public school system and will provide
pupils, educators, community members, and parents with
the stimulus to strive for educational excellence.
(b) The General Assembly further finds and declares that
this Article is enacted for the following purposes:
(1) To improve pupil learning by creating schools
with high, rigorous standards for pupil performance.
(2) To increase learning opportunities for all
pupils, with special emphasis on expanded learning
experiences for at-risk pupils, consistent, however, with
an equal commitment to increase learning opportunities
for all other groups of pupils in a manner that does not
discriminate on the basis of disability, race, creed,
color, gender, national origin, religion, ancestry,
marital status, or need for special education services.
(3) To encourage the use of innovative teaching
methods that may be different in some respects than
others regularly used in the public school system.
(4) To allow the development of new, different, or
alternative innovative forms of measuring pupil learning
and achievement.
(5) To create new professional opportunities for
teachers, including the opportunity to be responsible for
the learning program at the school site.
(6) To provide parents and pupils with expanded
choices within the public school system.
(7) To encourage parental and community involvement
with public schools.
(8) To hold charter schools accountable for meeting
rigorous school content standards and to provide those
schools with the opportunity to improve accountability.
(c) In authorizing charter schools, it is the intent of
the General Assembly to create a legitimate avenue for
parents, teachers, and community members to take responsible
risks and create new, innovative, and more flexible ways of
educating children within the public school system. The
General Assembly seeks to create opportunities within the
public school system of Illinois for development of
innovative and accountable teaching techniques. The
provisions of this Article should be interpreted liberally to
support the findings and goals of this Section and to advance
a renewed commitment by the State of Illinois to the mission,
goals, and diversity of public education.
(Source: P.A. 89-450, eff. 4-10-96.)
(105 ILCS 5/27A-7)
Sec. 27A-7. Charter submission.
(a) A proposal to establish a charter school shall be
submitted to the State Board and the local school board in
the form of a proposed contract entered into between the
local school board and the governing body of a proposed
charter school. The charter school proposal as submitted to
the State Board shall include:
(1) The name of the proposed charter school, which
must include the words "Charter School".
(2) The age or grade range, areas of focus, minimum
and maximum numbers of pupils to be enrolled in the
charter school, and any other admission criteria that
would be legal if used by a school district.
(3) A description of and address for the physical
plant in which the charter school will be located;
provided that nothing in the Article shall be deemed to
justify delaying or withholding favorable action on or
approval of a charter school proposal because the
building or buildings in which the charter school is to
be located have not been acquired or rented at the time a
charter school proposal is submitted or approved or a
charter school contract is entered into or submitted for
certification or certified, so long as the proposal or
submission identifies and names at least 2 sites that are
potentially available as a charter school facility by the
time the charter school is to open.
(4) The mission statement of the charter school,
which must be consistent with the General Assembly's
declared purposes; provided that nothing in this Article
shall be construed to require that, in order to receive
favorable consideration and approval, a charter school
proposal demonstrate unequivocally that the charter
school will be able to meet each of those declared
purposes, it being the intention of the Charter Schools
Law that those purposes be recognized as goals that
charter schools must aspire to attain.
(5) The goals, objectives, and pupil performance
standards to be achieved by the charter school.
(6) In the case of a proposal to establish a
charter school by converting an existing public school or
attendance center to charter school status, evidence that
the proposed formation of the charter school has received
the required approval of from certified teachers, from
parents and guardians, and, if applicable, from a local
school council as provided in subsection (b) of Section
27A-8.
(7) A description of the charter school's
educational program, pupil performance standards,
curriculum, school year, school days, and hours of
operation.
(8) A description of the charter school's plan for
evaluating pupil performance, the types of assessments
that will be used to measure pupil progress towards
achievement of the school's pupil performance standards,
the timeline for achievement of those standards, and the
procedures for taking corrective action in the event that
pupil performance at the charter school falls below those
standards.
(9) Evidence that the terms of the charter as
proposed are economically sound for both the charter
school and the school district, a proposed budget for the
term of the charter, a description of the manner in which
an annual audit of the financial and administrative
operations of the charter school, including any services
provided by the school district, are to be conducted, and
a plan for the displacement of pupils, teachers, and
other employees who will not attend or be employed in the
charter school.
(10) A description of the governance and operation
of the charter school, including the nature and extent of
parental, professional educator, and community
involvement in the governance and operation of the
charter school.
(11) An explanation of the relationship that will
exist between the charter school and its employees,
including evidence that the terms and conditions of
employment have been addressed with affected employees
and their recognized representative, if any. However, a
bargaining unit of charter school employees shall be
separate and distinct from any bargaining units formed
from employees of a school district in which the charter
school is located.
(12) An agreement between the parties regarding
their respective legal liability and applicable insurance
coverage.
(13) A description of how the charter school plans
to meet the transportation needs of its pupils, and a
plan for addressing the transportation needs of
low-income and at-risk pupils.
(14) The proposed effective date and term of the
charter; provided that the first day of the first
academic year and the first day of the fiscal year shall
be no earlier than August 15 and no later than September
15 of a calendar year of the charter school shall
coincide with the first day of the academic year and the
first day of the fiscal year of the local school
district.
(15) Any other information reasonably required by
the State Board of Education.
(b) A proposal to establish a charter school may be
initiated by individuals or organizations that will have
majority representation on the board of directors or other
governing body of the corporation or other discrete legal
entity that is to be established to operate the proposed
charter school, or by the board of directors or other
governing body of a discrete legal entity already existing or
established to operate the proposed charter school. The
individuals or organizations referred to in this subsection
may be school teachers, school administrators, local school
councils, colleges or universities or their faculty members,
public community colleges or their instructors or other
representatives, corporations, or other entities or their
representatives. The proposal shall be submitted to the
local school board for consideration and, if appropriate, for
development of a proposed contract to be submitted to the
State Board for certification under Section 27A-6.
(c) The local school board may not without the consent
of the governing body of the charter school condition its
approval of a charter school proposal on acceptance of an
agreement to operate under State laws and regulations and
local school board policies from which the charter school is
otherwise exempted under this Article.
(Source: P.A. 89-450, eff. 4-10-96.)
(105 ILCS 5/27A-8)
Sec. 27A-8. Evaluation of charter proposals.
(a) In evaluating any charter school proposal submitted
to it, the local school board shall give preference to
proposals that:
(1) demonstrate a high level of local pupil,
parental, community, business, and school personnel
support;
(2) set rigorous levels of expected pupil
achievement and demonstrate feasible plans for attaining
those levels of achievement; and
(3) are designed to enroll and serve a substantial
proportion of at-risk children; provided that nothing in
the Charter Schools Law shall be construed as intended to
limit the establishment of charter schools to those that
serve a substantial portion of at-risk children or to in
any manner restrict, limit, or discourage the
establishment of charter schools that enroll and serve
other pupil populations under a nonexclusive,
nondiscriminatory admissions policy.
(b) In the case of a proposal to establish a charter
school by converting an existing public school or attendance
center to charter school status, evidence that the proposed
formation of the charter school has received majority support
from certified teachers and from parents and guardians in the
school or attendance center affected by the proposed charter,
and, if applicable, from a local school council, shall be
demonstrated by a petition in support of the charter school
signed by certified teachers and a petition in support of the
charter school signed by parents and guardians and, if
applicable, by a vote of the local school council held at a
public meeting. In the case of all other proposals to
establish a charter school, evidence of sufficient support to
fill the number of pupil seats set forth in the proposal may
shall be demonstrated by a petition in support of the charter
school signed by parents and guardians of students eligible
to attend the charter school. In all cases, the individuals,
organizations, or entities who initiate the proposal to
establish a charter school may elect, in lieu of including
any petition referred to in this subsection as a part of the
proposal submitted to the local school board, to demonstrate
that the charter school has received the support referred to
in this subsection by other evidence and information
presented at the public meeting that the local school board
is required to convene under this Section.
(c) Within 45 days of receipt of a charter school
proposal, the local school board shall convene a public
meeting to obtain information to assist the board in its
decision to grant or deny the charter school proposal.
(d) Notice of the public meeting required by this
Section shall be published in a community newspaper published
in the school district in which the proposed charter is
located and, if there is no such newspaper, then in a
newspaper published in the county and having circulation in
the school district. The notices shall be published not more
than 10 days nor less than 5 days before the meeting and
shall state that information regarding a charter school
proposal will be heard at the meeting. Copies of the notice
shall also be posted at appropriate locations in the school
or attendance center proposed to be established as a charter
school, the public schools in the school district, and the
local school board office.
(e) Within 30 days of the public meeting, the local
school board shall vote, in a public meeting, to either grant
or deny the charter school proposal.
(f) Within 7 days of the public meeting required under
subsection (e), the local school board shall file a report
with to the State Board granting or denying the whether a
proposal has been granted or denied. Within 14 days of
receipt of the local school board's report, the State Board
shall determine whether the approved charter proposal is
consistent with the provisions of this Article and, if the
approved proposal complies, certify the proposal pursuant to
Section 27A-6.
(Source: P.A. 89-450, eff. 4-10-96.)
(105 ILCS 5/27A-9)
Sec. 27A-9. Term of charter; renewal.
(a) A charter may be granted for a period not less than
3 and not more than 5 school years. A charter may be renewed
in incremental periods not to exceed 5 school years.
(b) A charter school renewal proposal submitted to the
local school board shall contain:
(1) A report on the progress of the charter school
in achieving the goals, objectives, pupil performance
standards, content standards, and other terms of the
initial approved charter proposal; and
(2) A financial statement that discloses the costs
of administration, instruction, and other spending
categories for the charter school that is understandable
to the general public and that will allow comparison of
those costs to other schools or other comparable
organizations, in a format required by the State Board.
(c) A charter may be revoked or not renewed if the local
school board clearly demonstrates determines that the charter
school did any of the following, or otherwise failed to
comply with the requirements of this law for other good cause
shown:
(1) Committed a material violation of any of the
conditions, standards, or procedures set forth in the
charter.
(2) Failed to meet or make reasonable progress
toward achievement of the content standards or pupil
performance standards identified in the charter.
(3) Failed to meet generally accepted standards of
fiscal management.
(4) Violated any provision of law from which the
charter school was not exempted.
(d) (Blank). In addition, a charter may not be renewed
if the local school board determines that it is not in the
interest of the pupils residing within the school district or
service area to continue the operation of the charter school.
(e) Notice of a local school board's decision to deny,
revoke or not to renew a charter shall be provided to the
State Board. The State Board may reverse a local board's
decision if the State Board finds that the charter school or
charter school proposal (i) is in compliance with this
Article, and (ii) is in the best interests of the students it
is designed to serve. Final decisions of the State Board
shall be subject to judicial review under the Administrative
Review Law.
(f) Notwithstanding other provisions of this Article, if
the State Board on appeal reverses a local board's decision,
the State Board shall act as the authorized chartering entity
for the charter school. The State Board shall approve and
certify the charter and shall perform all functions under
this Article otherwise performed by the local school board.
The State Board shall report the aggregate number of charter
school pupils resident in a school district to that district
and shall notify the district of the amount of funding to be
paid by the State Board to the charter school enrolling such
students. The State Board shall withhold from funds
otherwise due the district the funds authorized by this
Article to be paid to the charter school and shall pay such
amounts to the charter school.
(Source: P.A. 89-450, eff. 4-10-96.)
(105 ILCS 5/27A-11)
Sec. 27A-11. Financing.
(a) For purposes of the School Code, pupils enrolled in
a charter school shall be included in the pupil enrollment of
the school district within which the pupil resides. Each
charter school (i) shall determine the school district in
which each pupil who is enrolled in the charter school
resides, and (ii) shall report the aggregate number of pupils
resident of a school district who are enrolled in the charter
school to the school district in which those pupils reside,
and (iii) shall maintain accurate records of daily attendance
that shall be deemed sufficient to file claims under Section
18-8 notwithstanding any other requirements of that Section
regarding hours of instruction and teacher certification.
(b) As part of a charter school contract, the charter
school and the local school board shall agree on funding and
any services to be provided by the school district to the
charter school. Agreed funding that a charter school is to
receive from the local school board for a school year shall
be paid in equal quarterly installments with the payment of
the installment for the first quarter being made not later
than July 1, unless the charter establishes a different
payment schedule.
All services centrally or otherwise provided by the
school district including, but not limited to, food services,
custodial services, maintenance, curriculum, media services,
libraries, transportation, and warehousing shall be subject
to negotiation between a charter school and the local school
board and paid for out of the revenues negotiated pursuant to
this subsection (b); provided that the local school board
shall not attempt, by negotiation or otherwise, to obligate a
charter school to provide pupil transportation for pupils for
whom a district is not required to provide transportation
under the criteria set forth in subsection (a)(13) of Section
27A-7.
In no event shall the funding be less than 75% 95% or
more than 125% 105% of the school district's per capita
student tuition multiplied by the number of students residing
in the district who are enrolled in the charter school.
It is the intent of the General Assembly that funding and
service agreements under this subsection (b) shall be neither
a financial incentive nor a financial disincentive to the
establishment of a charter school.
Fees collected from students enrolled at a charter school
shall be retained by the charter school.
(c) Notwithstanding subsection (b) of this Section, the
proportionate share of State and federal resources generated
by students with disabilities or staff serving them shall be
directed to charter schools enrolling those students by their
school districts or administrative units. The proportionate
share of moneys generated under other federal or State
categorical aid programs shall be directed to charter schools
serving students eligible for that aid.
(d)(1) The governing body of a charter school is
authorized to accept gifts, donations, or grants of any kind
made to the charter school and to expend or use gifts,
donations, or grants in accordance with the conditions
prescribed by the donor; however, a gift, donation, or grant
may not be accepted by the governing body if it is subject to
any condition contrary to applicable law or contrary to the
terms of the contract between the charter school and the
local school board. Charter schools shall be encouraged to
solicit and utilize community volunteer speakers and other
instructional resources when providing instruction on the
Holocaust and other historical events.
(2) From amounts appropriated to the State Board for
purposes of this subsection (d)(2), the State Board may make
loans to charter schools established under this Article to be
used by those schools to defer their start-up costs of
acquiring textbooks and laboratory and other equipment
required for student instruction. Any such loan shall be made
to a charter school at the inception of the term of its
charter, under terms established by the State Board, and
shall be repaid by the charter school over the term of its
charter.
(e) No later than January 1, 1997, the State Board shall
issue a report to the General Assembly and the Governor
describing the charter schools certified under this Article,
their geographic locations, their areas of focus, and the
numbers of school children served by them.
(f) The State Board shall provide technical assistance
to persons and groups preparing or revising charter
applications.
(g) At the non-renewal or revocation of its charter,
each charter school shall refund to the local board of
education all unspent funds.
(h) A charter school is authorized to incur temporary,
short term debt to pay operating expenses in anticipation of
receipt of funds from the local school board.
(Source: P.A. 89-450, eff. 4-10-96.)
(105 ILCS 5/34-8.4)
Sec. 34-8.4. Intervention. The Chicago Schools Academic
Accountability Council may recommend to the Chicago School
Reform Board of Trustees that any school placed on
remediation or probation under Section 34-8.3 or schools that
for the 3 consecutive school years of 1992-1993, 1993-1994,
and 1994-1995 have met the State Board of Education's
category of "does not meet expectations" be made subject to
intervention under this Section 34-8.4. In addition to any
powers created under this Section, the Trustees shall have
all powers created under Section 34-8.3 with respect to
schools subjected to intervention.
Prior to subjecting a school to intervention, the
Trustees shall conduct a public hearing and make findings of
facts concerning the recommendation of the Chicago Schools
Academic Accountability Council and the factors causing the
failure of the school to adequately perform. The Trustees
shall afford an opportunity at the hearing for interested
persons to comment about the intervention recommendation.
After the hearing has been held and completion of findings of
fact, the Trustees shall make a determination whether to
subject the school to intervention.
If the Trustees determine that a school shall be subject
to intervention under this Section, the Trustees shall
develop an intervention implementation plan and shall cause a
performance evaluation to be made of each employee at the
school. Upon consideration of such evaluations, and
consistent with the intervention implementation plan, the
Trustees may reassign, layoff, or dismiss any employees at
the attendance center, notwithstanding the provisions of
Sections 24A-5 and 34-85.
The chief educational officer shall appoint a principal
for the school and shall set the terms and conditions of the
principal's contract, which in no case may be longer than 2
years. The principal shall select all teachers and
non-certified personnel for the school as may be necessary.
Any provision of Section 34-8.1 that conflicts with this
Section shall not apply to a school subjected to intervention
under this Section.
If pursuant to this Section, the general superintendent,
with the approval of the board, orders new local school
council elections, the general superintendent shall carry out
the responsibilities of the local school council for a school
subject to intervention until the new local school council
members are elected and trained.
Each school year, 5% of the supplemental general State
aid Chapter 1 funds distributed to a school subject to
intervention during that school year under subsection
5(i)(1)(a) of part A of Section 18-8 or subsection (H) of
Section 18-8.05 shall be used for employee performance
incentives. The Trustees shall prepare a report evaluating
the results of any interventions undertaken pursuant to this
Section and shall make recommendations concerning
implementation of special programs for dealing with
underperforming schools on an ongoing basis. This report
shall be submitted to the State Superintendent of Education
and Mayor of the City of Chicago by January 1, 1999.
(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
Sec. 34-18. Powers of the board. The board shall
exercise general supervision and jurisdiction over the public
education and the public school system of the city, and,
except as otherwise provided by this Article, shall have
power:
1. To make suitable provision for the establishment
and maintenance throughout the year or for such portion
thereof as it may direct, not less than 9 months, of
schools of all grades and kinds, including normal
schools, high schools, night schools, schools for
defectives and delinquents, parental and truant schools,
schools for the blind, the deaf and the crippled, schools
or classes in manual training, constructural and
vocational teaching, domestic arts and physical culture,
vocation and extension schools and lecture courses, and
all other educational courses and facilities, including
establishing, equipping, maintaining and operating
playgrounds and recreational programs, when such programs
are conducted in, adjacent to, or connected with any
public school under the general supervision and
jurisdiction of the board; provided, however, that in
allocating funds from year to year for the operation of
all attendance centers within the district, the board
shall ensure that supplemental general State aid Chapter
1 funds are allocated and applied in accordance with
Section 18-8 or 18-8.05. To admit to such schools without
charge foreign exchange students who are participants in
an organized exchange student program which is authorized
by the board. The board shall permit all students to
enroll in apprenticeship programs in trade schools
operated by the board, whether those programs are
union-sponsored or not. No student shall be refused
admission into or be excluded from any course of
instruction offered in the common schools by reason of
that student's sex. No student shall be denied equal
access to physical education and interscholastic athletic
programs supported from school district funds or denied
participation in comparable physical education and
athletic programs solely by reason of the student's sex.
Equal access to programs supported from school district
funds and comparable programs will be defined in rules
promulgated by the State Board of Education in
consultation with the Illinois High School Association.
Notwithstanding any other provision of this Article,
neither the board of education nor any local school
council or other school official shall recommend that
children with disabilities be placed into regular
education classrooms unless those children with
disabilities are provided with supplementary services to
assist them so that they benefit from the regular
classroom instruction and are included on the teacher's
regular education class register;
2. To furnish lunches to pupils, to make a
reasonable charge therefor, and to use school funds for
the payment of such expenses as the board may determine
are necessary in conducting the school lunch program;
3. To co-operate with the circuit court;
4. To make arrangements with the public or
quasi-public libraries and museums for the use of their
facilities by teachers and pupils of the public schools;
5. To employ dentists and prescribe their duties
for the purpose of treating the pupils in the schools,
but accepting such treatment shall be optional with
parents or guardians;
6. To grant the use of assembly halls and
classrooms when not otherwise needed, including light,
heat, and attendants, for free public lectures, concerts,
and other educational and social interests, free of
charge, under such provisions and control as the
principal of the affected attendance center may
prescribe;
7. To apportion the pupils to the several schools;
provided that no pupil shall be excluded from or
segregated in any such school on account of his color,
race, sex, or nationality. The board shall take into
consideration the prevention of segregation and the
elimination of separation of children in public schools
because of color, race, sex, or nationality. Except that
children may be committed to or attend parental and
social adjustment schools established and maintained
either for boys or girls only. All records pertaining to
the creation, alteration or revision of attendance areas
shall be open to the public. Nothing herein shall limit
the board's authority to establish multi-area attendance
centers or other student assignment systems for
desegregation purposes or otherwise, and to apportion the
pupils to the several schools. Furthermore, beginning in
school year 1994-95, pursuant to a board plan adopted by
October 1, 1993, the board shall offer, commencing on a
phased-in basis, the opportunity for families within the
school district to apply for enrollment of their children
in any attendance center within the school district which
does not have selective admission requirements approved
by the board. The appropriate geographical area in which
such open enrollment may be exercised shall be determined
by the board of education. Such children may be admitted
to any such attendance center on a space available basis
after all children residing within such attendance
center's area have been accommodated. If the number of
applicants from outside the attendance area exceed the
space available, then successful applicants shall be
selected by lottery. The board of education's open
enrollment plan must include provisions that allow low
income students to have access to transportation needed
to exercise school choice. Open enrollment shall be in
compliance with the provisions of the Consent Decree and
Desegregation Plan cited in Section 34-1.01;
8. To approve programs and policies for providing
transportation services to students. Nothing herein shall
be construed to permit or empower the State Board of
Education to order, mandate, or require busing or other
transportation of pupils for the purpose of achieving
racial balance in any school;
9. Subject to the limitations in this Article, to
establish and approve system-wide curriculum objectives
and standards, including graduation standards, which
reflect the multi-cultural diversity in the city and are
consistent with State law, provided that for all purposes
of this Article courses or proficiency in American Sign
Language shall be deemed to constitute courses or
proficiency in a foreign language; and to employ
principals and teachers, appointed as provided in this
Article, and fix their compensation. The board shall
prepare such reports related to minimal competency
testing as may be requested by the State Board of
Education, and in addition shall monitor and approve
special education and bilingual education programs and
policies within the district to assure that appropriate
services are provided in accordance with applicable State
and federal laws to children requiring services and
education in those areas;
10. To employ non-teaching personnel or utilize
volunteer personnel for: (i) non-teaching duties not
requiring instructional judgment or evaluation of pupils,
including library duties; and (ii) supervising study
halls, long distance teaching reception areas used
incident to instructional programs transmitted by
electronic media such as computers, video, and audio,
detention and discipline areas, and school-sponsored
extracurricular activities. The board may further utilize
volunteer non-certificated personnel or employ
non-certificated personnel to assist in the instruction
of pupils under the immediate supervision of a teacher
holding a valid certificate, directly engaged in teaching
subject matter or conducting activities; provided that
the teacher shall be continuously aware of the
non-certificated persons' activities and shall be able to
control or modify them. The general superintendent shall
determine qualifications of such personnel and shall
prescribe rules for determining the duties and activities
to be assigned to such personnel;
11. To provide television studio facilities in not
to exceed one school building and to provide programs for
educational purposes, provided, however, that the board
shall not construct, acquire, operate, or maintain a
television transmitter; to grant the use of its studio
facilities to a licensed television station located in
the school district; and to maintain and operate not to
exceed one school radio transmitting station and provide
programs for educational purposes;
12. To offer, if deemed appropriate, outdoor
education courses, including field trips within the State
of Illinois, or adjacent states, and to use school
educational funds for the expense of the said outdoor
educational programs, whether within the school district
or not;
13. During that period of the calendar year not
embraced within the regular school term, to provide and
conduct courses in subject matters normally embraced in
the program of the schools during the regular school term
and to give regular school credit for satisfactory
completion by the student of such courses as may be
approved for credit by the State Board of Education;
14. To insure against any loss or liability of the
board, the former School Board Nominating Commission,
Local School Councils, the Chicago Schools Academic
Accountability Council, or the former Subdistrict
Councils or of any member, officer, agent or employee
thereof, resulting from alleged violations of civil
rights arising from incidents occurring on or after
September 5, 1967 or from the wrongful or negligent act
or omission of any such person whether occurring within
or without the school premises, provided the officer,
agent or employee was, at the time of the alleged
violation of civil rights or wrongful act or omission,
acting within the scope of his employment or under
direction of the board, the former School Board
Nominating Commission, the Chicago Schools Academic
Accountability Council, Local School Councils, or the
former Subdistrict Councils; and to provide for or
participate in insurance plans for its officers and
employees, including but not limited to retirement
annuities, medical, surgical and hospitalization benefits
in such types and amounts as may be determined by the
board; provided, however, that the board shall contract
for such insurance only with an insurance company
authorized to do business in this State. Such insurance
may include provision for employees who rely on treatment
by prayer or spiritual means alone for healing, in
accordance with the tenets and practice of a recognized
religious denomination;
15. To contract with the corporate authorities of
any municipality or the county board of any county, as
the case may be, to provide for the regulation of traffic
in parking areas of property used for school purposes, in
such manner as is provided by Section 11-209 of The
Illinois Vehicle Code, approved September 29, 1969, as
amended;
16. To provide, on an equal basis, access to the
school campus to the official recruiting representatives
of the armed forces of Illinois and the United States for
the purposes of informing students of the educational and
career opportunities available in the military if the
board has provided such access to persons or groups whose
purpose is to acquaint students with educational or
occupational opportunities available to them. The board
is not required to give greater notice regarding the
right of access to recruiting representatives than is
given to other persons and groups;
17. (a) To sell or market any computer program
developed by an employee of the school district, provided
that such employee developed the computer program as a
direct result of his or her duties with the school
district or through the utilization of the school
district resources or facilities. The employee who
developed the computer program shall be entitled to share
in the proceeds of such sale or marketing of the computer
program. The distribution of such proceeds between the
employee and the school district shall be as agreed upon
by the employee and the school district, except that
neither the employee nor the school district may receive
more than 90% of such proceeds. The negotiation for an
employee who is represented by an exclusive bargaining
representative may be conducted by such bargaining
representative at the employee's request.
(b) For the purpose of this paragraph 17:
(1) "Computer" means an internally programmed,
general purpose digital device capable of
automatically accepting data, processing data and
supplying the results of the operation.
(2) "Computer program" means a series of coded
instructions or statements in a form acceptable to a
computer, which causes the computer to process data
in order to achieve a certain result.
(3) "Proceeds" means profits derived from
marketing or sale of a product after deducting the
expenses of developing and marketing such product;
18. To delegate to the general superintendent of
schools, by resolution, the authority to approve
contracts and expenditures in amounts of $10,000 or less;
19. Upon the written request of an employee, to
withhold from the compensation of that employee any dues,
payments or contributions payable by such employee to any
labor organization as defined in the Illinois Educational
Labor Relations Act. Under such arrangement, an amount
shall be withheld from each regular payroll period which
is equal to the pro rata share of the annual dues plus
any payments or contributions, and the board shall
transmit such withholdings to the specified labor
organization within 10 working days from the time of the
withholding;
19a. Upon receipt of notice from the comptroller of
a municipality with a population of 500,000 or more that
a debt is due and owing the municipality by an employee
of the Chicago School Reform Board of Trustees, to
withhold, from the compensation of that employee, the
amount of the debt that is due and owing and pay the
amount withheld to the municipality; provided, however,
that the amount deducted from any one salary or wage
payment shall not exceed 25% of the net amount of the
payment. Before the Board deducts any amount from any
salary or wage of an employee under this paragraph, the
municipality shall certify that the employee has been
afforded an opportunity for a hearing to dispute the debt
that is due and owing the municipality. For purposes of
this paragraph, "net amount" means that part of the
salary or wage payment remaining after the deduction of
any amounts required by law to be deducted and "debt due
and owing" means (i) a specified sum of money owed to the
municipality for city services, work, or goods, after the
period granted for payment has expired, or (ii) a
specified sum of money owed to the municipality pursuant
to a court order or order of an administrative hearing
officer after the exhaustion of, or the failure to
exhaust, judicial review;
20. The board is encouraged to employ a sufficient
number of certified school counselors to maintain a
student/counselor ratio of 250 to 1 by July 1, 1990.
Each counselor shall spend at least 75% of his work time
in direct contact with students and shall maintain a
record of such time;
21. To make available to students vocational and
career counseling and to establish 5 special career
counseling days for students and parents. On these days
representatives of local businesses and industries shall
be invited to the school campus and shall inform students
of career opportunities available to them in the various
businesses and industries. Special consideration shall
be given to counseling minority students as to career
opportunities available to them in various fields. For
the purposes of this paragraph, minority student means a
person who is:
(a) Black (a person having origins in any of
the black racial groups in Africa);
(b) Hispanic (a person of Spanish or
Portuguese culture with origins in Mexico, South or
Central America, or the Caribbean islands,
regardless of race);
(c) Asian American (a person having origins in
any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent or the
Pacific Islands); or
(d) American Indian or Alaskan Native (a
person having origins in any of the original peoples
of North America).
Counseling days shall not be in lieu of regular
school days;
22. To report to the State Board of Education the
annual student dropout rate and number of students who
graduate from, transfer from or otherwise leave bilingual
programs;
23. Except as otherwise provided in the Abused and
Neglected Child Reporting Act or other applicable State
or federal law, to permit school officials to withhold,
from any person, information on the whereabouts of any
child removed from school premises when the child has
been taken into protective custody as a victim of
suspected child abuse. School officials shall direct
such person to the Department of Children and Family
Services, or to the local law enforcement agency if
appropriate;
24. To develop a policy, based on the current state
of existing school facilities, projected enrollment and
efficient utilization of available resources, for capital
improvement of schools and school buildings within the
district, addressing in that policy both the relative
priority for major repairs, renovations and additions to
school facilities, and the advisability or necessity of
building new school facilities or closing existing
schools to meet current or projected demographic patterns
within the district;
25. To make available to the students in every high
school attendance center the ability to take all courses
necessary to comply with the Board of Higher Education's
college entrance criteria effective in 1993;
26. To encourage mid-career changes into the
teaching profession, whereby qualified professionals
become certified teachers, by allowing credit for
professional employment in related fields when
determining point of entry on teacher pay scale;
27. To provide or contract out training programs
for administrative personnel and principals with revised
or expanded duties pursuant to this Act in order to
assure they have the knowledge and skills to perform
their duties;
28. To establish a fund for the prioritized special
needs programs, and to allocate such funds and other lump
sum amounts to each attendance center in a manner
consistent with the provisions of part 4 of Section
34-2.3. Nothing in this paragraph shall be construed to
require any additional appropriations of State funds for
this purpose;
29. (Blank);
30. Notwithstanding any other provision of this Act
or any other law to the contrary, to contract with third
parties for services otherwise performed by employees,
including those in a bargaining unit, and to layoff those
employees upon 14 days written notice to the affected
employees. Those contracts may be for a period not to
exceed 5 years and may be awarded on a system-wide basis;
31. To promulgate rules establishing procedures
governing the layoff or reduction in force of employees
and the recall of such employees, including, but not
limited to, criteria for such layoffs, reductions in
force or recall rights of such employees and the weight
to be given to any particular criterion. Such criteria
shall take into account factors including, but not be
limited to, qualifications, certifications, experience,
performance ratings or evaluations, and any other factors
relating to an employee's job performance; and
32. To develop a policy to prevent nepotism in the
hiring of personnel or the selection of contractors.
The specifications of the powers herein granted are not
to be construed as exclusive but the board shall also
exercise all other powers that they may be requisite or
proper for the maintenance and the development of a public
school system, not inconsistent with the other provisions of
this Article or provisions of this Code which apply to all
school districts.
In addition to the powers herein granted and authorized
to be exercised by the board, it shall be the duty of the
board to review or to direct independent reviews of special
education expenditures and services. The board shall file a
report of such review with the General Assembly on or before
May 1, 1990.
(Source: P.A. 89-15, eff. 5-30-95; 89-397, eff. 8-20-95;
89-626, eff. 8-9-96; 90-22, eff. 6-20-97.)
(105 ILCS 5/34-18.17 new)
Sec. 34-18.17. No pass-no play policy. Beginning with
the 1998-99 school year, the board of education shall
establish, implement, and enforce a uniform and consistent
policy under which a student in any of grades 9 through 12
who fails to maintain a specified minimum grade point average
or a specified minimum grade in each course in which the
student is enrolled or both is suspended from further
participation in any school-sponsored or school-supported
athletic or extracurricular activities for a specified period
or until a specified minimum grade point average or minimum
grade or both are earned by the student. The board of
education shall adopt a policy as required by this Section
not later than one year after the effective date of this
amendatory Act of 1997 and shall concurrently file a copy of
that policy with the State Board of Education. After the
policy has been in effect for one year, the board of
education shall file a report with the State Board of
Education setting forth the number and length of suspensions
imposed under the policy during the period covered by the
report. If the board of education already has a policy that
is consistent with the requirements of this Section in effect
on the effective date of this amendatory Act of 1997, it
shall file a copy of that policy with the State Board of
Education within 90 days after the effective date of this
amendatory Act and shall file the annual report required
under this Section 12 months thereafter.
(105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
Sec. 34-84. Appointments and promotions of teachers.
Appointments and promotions of teachers shall be made for
merit only, and after satisfactory service for a probationary
period of 3 years with respect to probationary employees
employed as full-time teachers in the public school system of
the district before January 1, 1998 and 4 years with respect
to probationary employees who are first employed as full-time
teachers in the public school system of the district on or
after January 1, 1998 (during which period the board may
dismiss or discharge any such probationary employee upon the
recommendation, accompanied by the written reasons therefor,
of the general superintendent of schools) appointments of
teachers shall become permanent, subject to removal for cause
in the manner provided by Section 34-85.
As used in this Article, "teachers" means and includes
all members of the teaching force excluding the general
superintendent and principals.
There shall be no reduction in teachers because of a
decrease in student membership or a change in subject
requirements within the attendance center organization after
the 20th day following the first day of the school year,
except that: (1) this provision shall not apply to
desegregation positions, special education positions, or any
other positions funded by State or federal categorical funds,
and (2) at attendance centers maintaining any of grades 9
through 12, there may be a second reduction in teachers on
the first day of the second semester of the regular school
term because of a decrease in student membership or a change
in subject requirements within the attendance center
organization.
The school principal shall make the decision in selecting
teachers to fill new and vacant positions consistent with
Section 34-8.1.
(Source: P.A. 88-338; 88-511; 89-15, eff. 5-30-95.)
Section 5-920. The Illinois Educational Labor Relations
Act is amended by changing Sections 5 and 13 as follows:
(115 ILCS 5/5) (from Ch. 48, par. 1705)
Sec. 5. Illinois Educational Labor Relations Board.
(a) There is hereby created the Illinois Educational Labor
Relations Board consisting of 5 3 members, no more than 3 2
of whom may be of the same political party, who are residents
of Illinois appointed by the Governor with the advice and
consent of the Senate. The Governor shall appoint to the
Board only persons who have had a minimum of 5 years of
experience directly related to labor and employment relations
in representing educational employers or educational
employees in collective bargaining matters. One appointed
member shall be designated at the time of his or her
appointment to serve as chairman. Of the 2 additional
members appointed pursuant to this amendatory Act of 1997,
one shall be designated at the time of his or her appointment
to serve a term of 6 years and the other shall be designated
at the time of his or her appointment to serve a term of 4
years, with each to serve until his or her successor is
appointed and qualified. In the event the Senate is not in
session at the time the 2 additional members are appointed
pursuant to this amendatory Act of 1997, the Governor shall
make those appointments as temporary appointments until the
next meeting of the Senate when he shall appoint, by and with
the advice and consent of the Senate, 2 persons to fill those
memberships for their unexpired terms. Initial appointments
shall be made within 30 days of the effective date of this
Act. At the organizational meeting of the original Board,
the members shall determine by lot one member to serve for a
term of 6 years, one member to serve for a term of 4 years,
and one member to serve for a term of 2 years, with each to
serve until his or her successor is appointed and qualified.
(b) Each subsequent member shall be appointed in like
manner for a term of 6 years and until his or her successor
is appointed and qualified. Each member of the Board is
eligible for reappointment. Vacancies shall be filled in the
same manner as original appointments for the balance of the
unexpired term.
(c) The chairman shall be paid $50,000 per year, or an
amount set by the Compensation Review Board, whichever is
greater. Other members of the Board shall each be paid
$45,000 per year, or an amount set by the Compensation Review
Board, whichever is greater. They shall be entitled to
reimbursement for necessary traveling and other official
expenditures necessitated by their official duties.
(d) Three Two members of the Board constitute a quorum
and a vacancy on the board does not impair the right of the 2
remaining members to exercise all of the powers of the Board.
(e) Any member of the Board may be removed by the
Governor, upon notice, for neglect of duty or malfeasance in
office, but for no other cause.
(f) The Board may appoint or employ an executive
director, attorneys, hearing officers, and such other
employees as it deems necessary to perform its functions.
The Board shall prescribe the duties and qualifications of
such persons appointed and, subject to the annual
appropriation, fix their compensation and provide for
reimbursement of actual and necessary expenses incurred in
the performance of their duties.
(g) The Board may promulgate rules and regulations which
allow parties in proceedings before the Board to be
represented by counsel or any other person knowledgeable in
the matters under consideration.
(h) To accomplish the objectives and to carry out the
duties prescribed by this Act, the Board may subpoena
witnesses, subpoena the production of books, papers, records
and documents which may be needed as evidence on any matter
under inquiry and may administer oaths and affirmations.
In cases of neglect or refusal to obey a subpoena issued
to any person, the circuit court in the county in which the
investigation or the public hearing is taking place, upon
application by the Board, may issue an order requiring such
person to appear before the Board or any member or agent of
the Board to produce evidence or give testimony. A failure to
obey such order may be punished by the court as in civil
contempt.
Any subpoena, notice of hearing, or other process or
notice of the Board issued under the provisions of this Act
may be served personally, by registered mail or by leaving a
copy at the principal office of the respondent required to be
served. A return, made and verified by the individual making
such service and setting forth the manner of such service, is
proof of service. A post office receipt, when registered mail
is used, is proof of service. All process of any court to
which application may be made under the provisions of this
Act may be served in the county where the persons required to
be served reside or may be found.
(i) The Board shall adopt, promulgate, amend, or rescind
rules and regulations in accordance with "The Illinois
Administrative Procedure Act", as now or hereafter amended,
as it deems necessary and feasible to carry out this Act.
(j) The Board at the end of every State fiscal year
shall make a report in writing to the Governor and the
General Assembly, stating in detail the work it has done in
hearing and deciding cases and otherwise.
(Source: P.A. 85-1393.)
(115 ILCS 5/13) (from Ch. 48, par. 1713)
Sec. 13. Strikes.
(a) Notwithstanding the existence of any other provision
in this Act or other law, educational employees employed in
school districts organized under Article 34 of the School
Code shall not engage in a strike at any time during the 18
month period that commences on the effective date of this
amendatory Act of 1995. An educational employee employed in
a school district organized under Article 34 of the School
Code who participates in a strike in violation of this
Section is subject to discipline by the employer. In
addition, no educational employer organized under Article 34
of the School Code may pay or cause to be paid to an
educational employee who participates in a strike in
violation of this subsection any wages or other compensation
for any period during which an educational employee
participates in the strike, except for wages or compensation
earned before participation in the strike. Notwithstanding
the existence of any other provision in this Act or other
law, during the 18-month period that strikes are prohibited
under this subsection nothing in this subsection shall be
construed to require an educational employer to submit to a
binding dispute resolution process.
(b) Notwithstanding the existence of any other provision
in this Act or any other law, educational employees other
than those employed in a school district organized under
Article 34 of the School Code and, after the expiration of
the 18 month period that commences on the effective date of
this amendatory Act of 1995, educational employees in a
school district organized under Article 34 of the School Code
shall not engage in a strike except under the following
conditions:
(1) they are represented by an exclusive
bargaining representative;
(2) mediation has been used without success;
(3) at least 10 5 days have elapsed after a notice
of intent to strike has been given by the exclusive
bargaining representative to the educational employer,
the regional superintendent and the Illinois Educational
Labor Relations Board;
(4) the collective bargaining agreement between
the educational employer and educational employees, if
any, has expired; and
(5) the employer and the exclusive bargaining
representative have not mutually submitted the unresolved
issues to arbitration.
If, however, in the opinion of an employer the strike is
or has become a clear and present danger to the health or
safety of the public, the employer may initiate in the
circuit court of the county in which such danger exists an
action for relief which may include, but is not limited to,
injunction. The court may grant appropriate relief upon the
finding that such clear and present danger exists. An unfair
practice or other evidence of lack of clean hands by the
educational employer is a defense to such action. Except as
provided for in this paragraph, the jurisdiction of the court
under this Section is limited by the Labor Dispute Act.
(Source: P.A. 89-15, eff. 5-30-95.)
ARTICLE 10
Section 10-5. The Cigarette Tax Act is amended by
changing Section 2 as follows:
(35 ILCS 130/2) (from Ch. 120, par. 453.2)
Sec. 2. (a) A tax is imposed upon any person engaged in
business as a retailer of cigarettes in this State at the
rate of 5 1/2 mills per cigarette sold, or otherwise disposed
of in the course of such business in this State. In addition
to any other tax imposed by this Act, a tax is imposed upon
any person engaged in business as a retailer of cigarettes in
this State at a rate of 1/2 mill per cigarette sold or
otherwise disposed of in the course of such business in this
State on and after January 1, 1947, and shall be paid into
the Metropolitan Fair and Exposition Authority Reconstruction
Fund. On and after December 1, 1985, in addition to any other
tax imposed by this Act, a tax is imposed upon any person
engaged in business as a retailer of cigarettes in this State
at a rate of 4 mills per cigarette sold or otherwise disposed
of in the course of such business in this State. Of the
additional tax imposed by this amendatory Act of 1985,
$9,000,000 of the moneys received by the Department of
Revenue pursuant to this Act shall be paid each month into
the Common School Fund. On and after the effective date of
this amendatory Act of 1989, in addition to any other tax
imposed by this Act, a tax is imposed upon any person engaged
in business as a retailer of cigarettes at the rate of 5
mills per cigarette sold or otherwise disposed of in the
course of such business in this State. On and after the
effective date of this amendatory Act of 1993, in addition to
any other tax imposed by this Act, a tax is imposed upon any
person engaged in business as a retailer of cigarettes at the
rate of 7 mills per cigarette sold or otherwise disposed of
in the course of such business in this State. On and after
December 15, 1997, in addition to any other tax imposed by
this Act, a tax is imposed upon any person engaged in
business as a retailer of cigarettes at the rate of 7 mills
per cigarette sold or otherwise disposed of in the course of
such business of this State. All of the moneys received by
the Department of Revenue pursuant to this Act and the
Cigarette Use Tax Act from the additional taxes imposed by
this amendatory Act of 1997, shall be paid each month into
the Common School Fund. The payment of such taxes shall be
evidenced by a stamp affixed to each original package of
cigarettes, or an authorized substitute for such stamp
imprinted on each original package of such cigarettes
underneath the sealed transparent outside wrapper of such
original package, as hereinafter provided. However, such
taxes are not imposed upon any activity in such business in
interstate commerce or otherwise, which activity may not
under the Constitution and statutes of the United States be
made the subject of taxation by this State.
Beginning on the effective date of this amendatory Act of
1993, all of the moneys received by the Department of Revenue
pursuant to this Act and the Cigarette Use Tax Act, other
than the moneys that are dedicated to the Metropolitan Fair
and Exposition Authority Reconstruction Fund and the Common
School Fund, shall be distributed each month as follows:
first, there shall be paid into the General Revenue Fund an
amount which, when added to the amount paid into the Common
School Fund for that month, equals $33,300,000 $25,000,000;
then, from the moneys remaining, if any amounts required to
be paid into the General Revenue Fund in previous months
remain unpaid, those amounts shall be paid into the General
Revenue Fund; then, from the moneys remaining, if any amounts
required to be paid into the Long-Term Care Provider Fund in
previous months remain unpaid, those amounts shall be paid
into the Long-Term Care Provider Fund; then, from the moneys
remaining, $9,545,000 shall be paid into the Long-Term Care
Provider Fund (except that not more than $105,000,000 shall
be paid into the Long-Term Care Provider Fund in State fiscal
year 1994 from moneys received pursuant to this Act); and
finally the remaining moneys, if any, shall be paid into the
Hospital Provider Fund. To the extent that more than
$25,000,000 has been paid into the General Revenue Fund and
Common School Fund per month for the period of July 1, 1993
through the effective date of this amendatory Act of 1994
from combined receipts of the Cigarette Tax Act and the
Cigarette Use Tax Act, notwithstanding the distribution
provided in this Section, the Department of Revenue is hereby
directed to adjust the distribution provided in this Section
to increase the next monthly payments to the Long Term Care
Provider Fund by the amount paid to the General Revenue Fund
and Common School Fund in excess of $25,000,000 per month and
to decrease the next monthly payments to the General Revenue
Fund and Common School Fund by that same excess amount.
When any tax imposed herein terminates or has terminated,
distributors who have bought stamps while such tax was in
effect and who therefore paid such tax, but who can show, to
the Department's satisfaction, that they sold the cigarettes
to which they affixed such stamps after such tax had
terminated and did not recover the tax or its equivalent from
purchasers, shall be allowed by the Department to take credit
for such absorbed tax against subsequent tax stamp purchases
from the Department by such distributor.
The impact of the tax levied by this Act is imposed upon
the retailer and shall be prepaid or pre-collected by the
distributor for the purpose of convenience and facility only,
and the amount of the tax shall be added to the price of the
cigarettes sold by such distributor. Collection of the tax
shall be evidenced by a stamp or stamps affixed to each
original package of cigarettes, as hereinafter provided.
Each distributor shall collect the tax from the retailer
at or before the time of the sale, shall affix the stamps as
hereinafter required, and shall remit the tax collected from
retailers to the Department, as hereinafter provided. Any
distributor who fails to properly collect and pay the tax
imposed by this Act shall be liable for the tax. Any
distributor having cigarettes to which stamps have been
affixed in his possession for sale on the effective date of
this amendatory Act of 1989 shall not be required to pay the
additional tax imposed by this amendatory Act of 1989 on such
stamped cigarettes. Any distributor having cigarettes to
which stamps have been affixed in his or her possession for
sale at 12:01 a.m. on the effective date of this amendatory
Act of 1993, is required to pay the additional tax imposed by
this amendatory Act of 1993 on such stamped cigarettes. This
payment, less the discount provided in subsection (b), shall
be due when the distributor first makes a purchase of
cigarette tax stamps after the effective date of this
amendatory Act of 1993, or on the first due date of a return
under this Act after the effective date of this amendatory
Act of 1993, whichever occurs first. Any distributor having
cigarettes to which stamps have been affixed in his
possession for sale on December 15, 1997 shall not be
required to pay the additional tax imposed by this amendatory
Act of 1997 on such stamped cigarettes.
The amount of the Cigarette Tax imposed by this Act shall
be separately stated, apart from the price of the goods, by
both distributors and retailers, in all advertisements, bills
and sales invoices.
(b) The distributor shall be required to collect the
taxes provided under paragraph (a) hereof, and, to cover the
costs of such collection, shall be allowed a discount during
any year commencing July 1st and ending the following June
30th in accordance with the schedule set out hereinbelow,
which discount shall be allowed at the time of purchase of
the stamps when purchase is required by this Act, or at the
time when the tax is remitted to the Department without the
purchase of stamps from the Department when that method of
paying the tax is required or authorized by this Act. Prior
to December 1, 1985, a discount equal to 1 2/3% of the amount
of the tax up to and including the first $700,000 paid
hereunder by such distributor to the Department during any
such year; 1 1/3% of the next $700,000 of tax or any part
thereof, paid hereunder by such distributor to the Department
during any such year; 1% of the next $700,000 of tax, or any
part thereof, paid hereunder by such distributor to the
Department during any such year, and 2/3 of 1% of the amount
of any additional tax paid hereunder by such distributor to
the Department during any such year shall apply. On and after
December 1, 1985, a discount equal to 1.75% of the amount of
the tax payable under this Act up to and including the first
$3,000,000 paid hereunder by such distributor to the
Department during any such year and 1.5% of the amount of any
additional tax paid hereunder by such distributor to the
Department during any such year shall apply.
Two or more distributors that use a common means of
affixing revenue tax stamps or that are owned or controlled
by the same interests shall be treated as a single
distributor for the purpose of computing the discount.
(c) The taxes herein imposed are in addition to all
other occupation or privilege taxes imposed by the State of
Illinois, or by any political subdivision thereof, or by any
municipal corporation.
(Source: P.A. 88-88; 88-535.)
Section 10-10. The Cigarette Use Tax Act is amended by
changing Section 2 as follows:
(35 ILCS 135/2) (from Ch. 120, par. 453.32)
Sec. 2. A tax is imposed upon the privilege of using
cigarettes in this State, at the rate of 6 mills per
cigarette so used. On and after December 1, 1985, in addition
to any other tax imposed by this Act, a tax is imposed upon
the privilege of using cigarettes in this State at a rate of
4 mills per cigarette so used. On and after the effective
date of this amendatory Act of 1989, in addition to any other
tax imposed by this Act, a tax is imposed upon the privilege
of using cigarettes in this State at the rate of 5 mills per
cigarette so used. On and after the effective date of this
amendatory Act of 1993, in addition to any other tax imposed
by this Act, a tax is imposed upon the privilege of using
cigarettes in this State at a rate of 7 mills per cigarette
so used. On and after December 15, 1997, in addition to any
other tax imposed by this Act, a tax is imposed upon the
privilege of using cigarettes in this State at a rate of 7
mills per cigarette so used. The taxes herein imposed shall
be in addition to all other occupation or privilege taxes
imposed by the State of Illinois or by any political
subdivision thereof or by any municipal corporation.
When any tax imposed herein terminates or has terminated,
distributors who have bought stamps while such tax was in
effect and who therefore paid such tax, but who can show, to
the Department's satisfaction, that they sold the cigarettes
to which they affixed such stamps after such tax had
terminated and did not recover the tax or its equivalent from
purchasers, shall be allowed by the Department to take credit
for such absorbed tax against subsequent tax stamp purchases
from the Department by such distributors.
When the word "tax" is used in this Act, it shall include
any tax or tax rate imposed by this Act and shall mean the
singular of "tax" or the plural "taxes" as the context may
require.
Any distributor having cigarettes to which stamps have
been affixed in his possession for sale on the effective date
of this amendatory Act of 1989 shall not be required to pay
the additional tax imposed by this amendatory Act of 1989 on
such stamped cigarettes. Any distributor having cigarettes to
which stamps have been affixed in his or her possession for
sale at 12:01 a.m. on the effective date of this amendatory
Act of 1993, is required to pay the additional tax imposed by
this amendatory Act of 1993 on such stamped cigarettes. This
payment shall be due when the distributor first makes a
purchase of cigarette tax stamps after the effective date of
this amendatory Act of 1993, or on the first due date of a
return under this Act after the effective date of this
amendatory Act of 1993, whichever occurs first. Once a
distributor tenders payment of the additional tax to the
Department, the distributor may purchase stamps from the
Department. Any distributor having cigarettes to which
stamps have been affixed in his possession for sale on
December 15, 1997 shall not be required to pay the additional
tax imposed by this amendatory Act of 1997 on such stamped
cigarettes.
(Source: P.A. 88-88.)
Section 10-15. The Telecommunications Excise Tax Act is
amended by changing Sections 3, 4, and 6 as follows:
(35 ILCS 630/3) (from Ch. 120, par. 2003)
Sec. 3. Until December 31, 1997, a tax is imposed upon
the act or privilege of originating or receiving intrastate
telecommunications by a person in this State at the rate of
5% of the gross charge for such telecommunications purchased
at retail from a retailer by such person. Beginning January
1, 1998, a tax is imposed upon the act or privilege of
originating in this State or receiving in this State
intrastate telecommunications by a person in this State at
the rate of 7% of the gross charge for such
telecommunications purchased at retail from a retailer by
such person. However, such tax is not imposed on the act or
privilege to the extent such act or privilege may not, under
the Constitution and statutes of the United States, be made
the subject of taxation by the State.
(Source: P.A. 84-1295.)
(35 ILCS 630/4) (from Ch. 120, par. 2004)
Sec. 4. Until December 31, 1997, a tax is imposed upon
the act or privilege of originating in this State or
receiving in this State interstate telecommunications by a
person in this State at the rate of 5% of the gross charge
for such telecommunications purchased at retail from a
retailer by such person. Beginning January 1, 1998, a tax is
imposed upon the act or privilege of originating in this
State or receiving in this State interstate
telecommunications by a person in this State at the rate of
7% of the gross charge for such telecommunications purchased
at retail from a retailer by such person. To prevent actual
multi-state taxation of the act or privilege that is subject
to taxation under this paragraph, any taxpayer, upon proof
that that taxpayer has paid a tax in another state on such
event, shall be allowed a credit against the tax imposed in
this Section 4 to the extent of the amount of such tax
properly due and paid in such other state. However, such tax
is not imposed on the act or privilege to the extent such act
or privilege may not, under the Constitution and statutes of
the United States, be made the subject of taxation by the
State.
(Source: P.A. 84-1295.)
(35 ILCS 630/6) (from Ch. 120, par. 2006)
Sec. 6. Except as provided hereinafter in this Section,
on or before the 15th day of each month each retailer
maintaining a place of business in this State shall make a
return to the Department for the preceding calendar month,
stating:
1. His name;
2. The address of his principal place of business,
and the address of the principal place of business (if
that is a different address) from which he engages in the
business of transmitting telecommunications;
3. Total amount of gross charges billed by him
during the preceding calendar month for providing
telecommunications during such calendar month;
4. Total amount received by him during the
preceding calendar month on credit extended;
5. Deductions allowed by law;
6. Gross charges which were billed by him during
the preceding calendar month and upon the basis of which
the tax is imposed;
7. Amount of tax (computed upon Item 6);
8. Such other reasonable information as the
Department may require.
Any taxpayer required to make payments under this Section
may make the payments by electronic funds transfer. The
Department shall adopt rules necessary to effectuate a
program of electronic funds transfer.
If the retailer's average monthly tax billings due to the
Department do not exceed $100, the Department may authorize
his returns to be filed on a quarter annual basis, with the
return for January, February and March of a given year being
due by April 15 of such year; with the return for April, May
and June of a given year being due by July 15 of such year;
with the return for July, August and September of a given
year being due by October 15 of such year; and with the
return of October, November and December of a given year
being due by January 15 of the following year.
Notwithstanding any other provision of this Article
containing the time within which a retailer may file his
return, in the case of any retailer who ceases to engage in a
kind of business which makes him responsible for filing
returns under this Article, such retailer shall file a final
return under this Article with the Department not more than
one month after discontinuing such business.
In making such return, the retailer shall determine the
value of any consideration other than money received by him
and he shall include such value in his return. Such
determination shall be subject to review and revision by the
Department in the manner hereinafter provided for the
correction of returns.
Each retailer whose average monthly liability to the
Department under this Article was $10,000 or more during the
preceding calendar year, excluding the month of highest
liability and the month of lowest liability in such calendar
year, and who is not operated by a unit of local government,
shall make estimated payments to the Department on or before
the 7th, 15th, 22nd and last day of the month during which
tax collection liability to the Department is incurred in an
amount not less than the lower of either 22.5% of the
retailer's actual tax collections for the month or 25% of the
retailer's actual tax collections for the same calendar month
of the preceding year. The amount of such quarter monthly
payments shall be credited against the final liability of the
retailer's return for that month. Any outstanding credit,
approved by the Department, arising from the retailer's
overpayment of its final liability for any month may be
applied to reduce the amount of any subsequent quarter
monthly payment or credited against the final liability of
the retailer's return for any subsequent month. If any
quarter monthly payment is not paid at the time or in the
amount required by this Section, the retailer shall be liable
for penalty and interest on the difference between the
minimum amount due as a payment and the amount of such
payment actually and timely paid, except insofar as the
retailer has previously made payments for that month to the
Department in excess of the minimum payments previously due.
If the Director finds that the information required for
the making of an accurate return cannot reasonably be
compiled by a retailer within 15 days after the close of the
calendar month for which a return is to be made, he may grant
an extension of time for the filing of such return for a
period of not to exceed 31 calendar days. The granting of
such an extension may be conditioned upon the deposit by the
retailer with the Department of an amount of money not
exceeding the amount estimated by the Director to be due with
the return so extended. All such deposits, including any
heretofore made with the Department, shall be credited
against the retailer's liabilities under this Article. If
any such deposit exceeds the retailer's present and probable
future liabilities under this Article, the Department shall
issue to the retailer a credit memorandum, which may be
assigned by the retailer to a similar retailer under this
Article, in accordance with reasonable rules and regulations
to be prescribed by the Department.
The retailer making the return herein provided for shall,
at the time of making such return, pay to the Department the
amount of tax herein imposed. On and after the effective date
of this Article of 1985, $1,000,000 of the moneys received by
the Department of Revenue pursuant to this Article shall be
paid each month into the Common School Fund and the remainder
into the General Revenue Fund. On and after February 1, 1998,
however, of the moneys received by the Department of Revenue
pursuant to the additional taxes imposed by this amendatory
Act of 1997 one-half shall be deposited into the School
Infrastructure Fund and one-half shall be deposited into the
Common School Fund.
(Source: P.A. 90-16, eff. 6-16-97.)
Section 10-20. The Uniform Penalty and Interest Act is
amended by changing Section 3-3 as follows:
(35 ILCS 735/3-3) (from Ch. 120, par. 2603-3)
(Text of Section before amendment by P.A. 90-491)
Sec. 3-3. Penalty for failure to file or pay.
(a) This subsection (a) is applicable before January 1,
1996. A penalty of 5% of the tax required to be shown due on
a return shall be imposed for failure to file the tax return
on or before the due date prescribed for filing determined
with regard for any extension of time for filing (penalty for
late filing or nonfiling). If any unprocessable return is
corrected and filed within 21 days after notice by the
Department, the late filing or nonfiling penalty shall not
apply. If a penalty for late filing or nonfiling is imposed
in addition to a penalty for late payment, the total penalty
due shall be the sum of the late filing penalty and the
applicable late payment penalty. Beginning on the effective
date of this amendatory Act of 1995, in the case of any type
of tax return required to be filed more frequently than
annually, when the failure to file the tax return on or
before the date prescribed for filing (including any
extensions) is shown to be nonfraudulent and has not occurred
in the 2 years immediately preceding the failure to file on
the prescribed due date, the penalty imposed by section
3-3(a) shall be abated.
(a-5) This subsection (a-5) is applicable on and after
January 1, 1996. A penalty equal to 2% of the tax required to
be shown due on a return, up to a maximum amount of $250,
determined without regard to any part of the tax that is paid
on time or by any credit that was properly allowable on the
date the return was required to be filed, shall be imposed
for failure to file the tax return on or before the due date
prescribed for filing determined with regard for any
extension of time for filing. However, if any return is not
filed within 30 days after notice of nonfiling mailed by the
Department to the last known address of the taxpayer
contained in Department records, an additional penalty amount
shall be imposed equal to the greater of $250 or 2% of the
tax shown on the return. However, the additional penalty
amount may not exceed $5,000 and is determined without regard
to any part of the tax that is paid on time or by any credit
that was properly allowable on the date the return was
required to be filed (penalty for late filing or nonfiling).
If any unprocessable return is corrected and filed within 30
days after notice by the Department, the late filing or
nonfiling penalty shall not apply. If a penalty for late
filing or nonfiling is imposed in addition to a penalty for
late payment, the total penalty due shall be the sum of the
late filing penalty and the applicable late payment penalty.
In the case of any type of tax return required to be filed
more frequently than annually, when the failure to file the
tax return on or before the date prescribed for filing
(including any extensions) is shown to be nonfraudulent and
has not occurred in the 2 years immediately preceding the
failure to file on the prescribed due date, the penalty
imposed by section 3-3(a) shall be abated.
(b) This subsection is applicable before January 1,
1998. A penalty of 15% of the tax shown on the return or the
tax required to be shown due on the return shall be imposed
for failure to pay:
(1) the tax shown due on the return on or before
the due date prescribed for payment of that tax, an
amount of underpayment of estimated tax, or an amount
that is reported in an amended return other than an
amended return timely filed as required by subsection (b)
of Section 506 of the Illinois Income Tax Act (penalty
for late payment or nonpayment of admitted liability); or
(2) the full amount of any tax required to be shown
due on a return and which is not shown (penalty for late
payment or nonpayment of additional liability), within 30
days after a notice of arithmetic error, notice and
demand, or a final assessment is issued by the
Department. In the case of a final assessment arising
following a protest and hearing, the 30-day period shall
not begin until all proceedings in court for review of
the final assessment have terminated or the period for
obtaining a review has expired without proceedings for a
review having been instituted. In the case of a notice
of tax liability that becomes a final assessment without
a protest and hearing, the penalty provided in this
paragraph (2) shall be imposed at the expiration of the
period provided for the filing of a protest.
(b-5) This subsection is applicable on and after January
1, 1998. A penalty of 20% of the tax shown on the return or
the tax required to be shown due on the return shall be
imposed for failure to pay:
(1) the tax shown due on the return on or before
the due date prescribed for payment of that tax, an
amount of underpayment of estimated tax, or an amount
that is reported in an amended return other than an
amended return timely filed as required by subsection (b)
of Section 506 of the Illinois Income Tax Act (penalty
for late payment or nonpayment of admitted liability); or
(2) the full amount of any tax required to be shown
due on a return and which is not shown (penalty for late
payment or nonpayment of additional liability), within 30
days after a notice of arithmetic error, notice and
demand, or a final assessment is issued by the
Department. In the case of a final assessment arising
following a protest and hearing, the 30-day period shall
not begin until all proceedings in court for review of
the final assessment have terminated or the period for
obtaining a review has expired without proceedings for a
review having been instituted. In the case of a notice
of tax liability that becomes a final assessment without
a protest and hearing, the penalty provided in this
paragraph (2) shall be imposed at the expiration of the
period provided for the filing of a protest.
(c) For purposes of the late payment penalties, the
basis of the penalty shall be the tax shown or required to be
shown on a return, whichever is applicable, reduced by any
part of the tax which is paid on time and by any credit which
was properly allowable on the date the return was required to
be filed.
(d) A penalty shall be applied to the tax required to be
shown even if that amount is less than the tax shown on the
return.
(e) If both a subsection (b)(1) penalty and a subsection
(b)(2) penalty are assessed against the same return, the
subsection (b)(2) penalty shall be assessed against only the
additional tax found to be due.
(f) If the taxpayer has failed to file the return, the
Department shall determine the correct tax according to its
best judgment and information, which amount shall be prima
facie evidence of the correctness of the tax due.
(g) The time within which to file a return or pay an
amount of tax due without imposition of a penalty does not
extend the time within which to file a protest to a notice of
tax liability or a notice of deficiency.
(Source: P.A. 88-480; 89-379, eff. 8-18-95; 89-436, eff.
1-1-96.)
(Text of Section after amendment by P.A. 90-491)
Sec. 3-3. Penalty for failure to file or pay.
(a) This subsection (a) is applicable before January 1,
1996. A penalty of 5% of the tax required to be shown due on
a return shall be imposed for failure to file the tax return
on or before the due date prescribed for filing determined
with regard for any extension of time for filing (penalty for
late filing or nonfiling). If any unprocessable return is
corrected and filed within 21 days after notice by the
Department, the late filing or nonfiling penalty shall not
apply. If a penalty for late filing or nonfiling is imposed
in addition to a penalty for late payment, the total penalty
due shall be the sum of the late filing penalty and the
applicable late payment penalty. Beginning on the effective
date of this amendatory Act of 1995, in the case of any type
of tax return required to be filed more frequently than
annually, when the failure to file the tax return on or
before the date prescribed for filing (including any
extensions) is shown to be nonfraudulent and has not occurred
in the 2 years immediately preceding the failure to file on
the prescribed due date, the penalty imposed by section
3-3(a) shall be abated.
(a-5) This subsection (a-5) is applicable on and after
January 1, 1996. A penalty equal to 2% of the tax required to
be shown due on a return, up to a maximum amount of $250,
determined without regard to any part of the tax that is paid
on time or by any credit that was properly allowable on the
date the return was required to be filed, shall be imposed
for failure to file the tax return on or before the due date
prescribed for filing determined with regard for any
extension of time for filing. However, if any return is not
filed within 30 days after notice of nonfiling mailed by the
Department to the last known address of the taxpayer
contained in Department records, an additional penalty amount
shall be imposed equal to the greater of $250 or 2% of the
tax shown on the return. However, the additional penalty
amount may not exceed $5,000 and is determined without regard
to any part of the tax that is paid on time or by any credit
that was properly allowable on the date the return was
required to be filed (penalty for late filing or nonfiling).
If any unprocessable return is corrected and filed within 30
days after notice by the Department, the late filing or
nonfiling penalty shall not apply. If a penalty for late
filing or nonfiling is imposed in addition to a penalty for
late payment, the total penalty due shall be the sum of the
late filing penalty and the applicable late payment penalty.
In the case of any type of tax return required to be filed
more frequently than annually, when the failure to file the
tax return on or before the date prescribed for filing
(including any extensions) is shown to be nonfraudulent and
has not occurred in the 2 years immediately preceding the
failure to file on the prescribed due date, the penalty
imposed by section 3-3(a) shall be abated.
(b) This subsection is applicable before January 1,
1998. A penalty of 15% of the tax shown on the return or the
tax required to be shown due on the return shall be imposed
for failure to pay:
(1) the tax shown due on the return on or before
the due date prescribed for payment of that tax, an
amount of underpayment of estimated tax, or an amount
that is reported in an amended return other than an
amended return timely filed as required by subsection (b)
of Section 506 of the Illinois Income Tax Act (penalty
for late payment or nonpayment of admitted liability); or
(2) the full amount of any tax required to be shown
due on a return and which is not shown (penalty for late
payment or nonpayment of additional liability), within 30
days after a notice of arithmetic error, notice and
demand, or a final assessment is issued by the
Department. In the case of a final assessment arising
following a protest and hearing, the 30-day period shall
not begin until all proceedings in court for review of
the final assessment have terminated or the period for
obtaining a review has expired without proceedings for a
review having been instituted. In the case of a notice
of tax liability that becomes a final assessment without
a protest and hearing, the penalty provided in this
paragraph (2) shall be imposed at the expiration of the
period provided for the filing of a protest.
(b-5) This subsection is applicable on and after January
1, 1998. A penalty of 20% of the tax shown on the return or
the tax required to be shown due on the return shall be
imposed for failure to pay:
(1) the tax shown due on the return on or before
the due date prescribed for payment of that tax, an
amount of underpayment of estimated tax, or an amount
that is reported in an amended return other than an
amended return timely filed as required by subsection (b)
of Section 506 of the Illinois Income Tax Act (penalty
for late payment or nonpayment of admitted liability); or
(2) the full amount of any tax required to be shown
due on a return and which is not shown (penalty for late
payment or nonpayment of additional liability), within 30
days after a notice of arithmetic error, notice and
demand, or a final assessment is issued by the
Department. In the case of a final assessment arising
following a protest and hearing, the 30-day period shall
not begin until all proceedings in court for review of
the final assessment have terminated or the period for
obtaining a review has expired without proceedings for a
review having been instituted. In the case of a notice
of tax liability that becomes a final assessment without
a protest and hearing, the penalty provided in this
paragraph (2) shall be imposed at the expiration of the
period provided for the filing of a protest.
(c) For purposes of the late payment penalties, the
basis of the penalty shall be the tax shown or required to be
shown on a return, whichever is applicable, reduced by any
part of the tax which is paid on time and by any credit which
was properly allowable on the date the return was required to
be filed.
(d) A penalty shall be applied to the tax required to be
shown even if that amount is less than the tax shown on the
return.
(e) If both a subsection (b)(1) penalty and a subsection
(b)(2) penalty are assessed against the same return, the
subsection (b)(2) penalty shall be assessed against only the
additional tax found to be due.
(f) If the taxpayer has failed to file the return, the
Department shall determine the correct tax according to its
best judgment and information, which amount shall be prima
facie evidence of the correctness of the tax due.
(g) The time within which to file a return or pay an
amount of tax due without imposition of a penalty does not
extend the time within which to file a protest to a notice of
tax liability or a notice of deficiency.
(h) No return shall be determined to be unprocessable
because of the omission of any information requested on the
return pursuant to Section 39b53 of the Civil Administrative
Code of Illinois.
(Source: P.A. 89-379, eff. 8-18-95; 89-436, eff. 1-1-96;
90-491, eff. 1-1-98.)
Section 10-25. The Riverboat Gambling Act is amended by
changing Section 13 as follows:
(230 ILCS 10/13) (from Ch. 120, par. 2413)
Sec. 13. Wagering tax; rate; distribution.
(a) Until January 1, 1998, a tax is imposed on the
adjusted gross receipts received from gambling games
authorized under this Act at the rate of 20%.
Beginning January 1, 1998, a privilege tax is imposed on
persons engaged in the business of conducting riverboat
gambling operations, based on the adjusted gross receipts
received by a licensed owner from gambling games authorized
under this Act at the following rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
20% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000;
25% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
30% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
35% of annual adjusted gross receipts in excess of
$100,000,000.
The taxes imposed by this Section shall be paid by the
licensed owner to the Board not later than 3:00 o'clock p.m.
of the day after the close of the day when the wagers were
made.
(b) Until January 1, 1998, Twenty-five percent (25%) of
the tax revenue deposited in the State Gaming Fund under this
Section shall be paid, subject to appropriation by the
General Assembly, to the unit of local government which is
designated as the home dock of the riverboat. Beginning
January 1, 1998, from the tax revenue deposited in the State
Gaming Fund under this Section, an amount equal to 5% of
adjusted gross receipts generated by a riverboat shall be
paid monthly, subject to appropriation by the General
Assembly, to the unit of local government that is designated
as the home dock of the riverboat.
(c) Appropriations, as approved by the General Assembly,
may be made from the State Gaming Fund to the Department of
Revenue and the Department of State Police for the
administration and enforcement of this Act.
(d) From time to time, the Board shall transfer the
remainder of the funds generated by this Act into the
Education Assistance Fund, created by Public Act 86-0018, of
the State of Illinois.
(e) Nothing in this Act shall prohibit the unit of local
government designated as the home dock of the riverboat from
entering into agreements with other units of local government
in this State or in other states to share its portion of the
tax revenue.
(f) To the extent practicable, the Board shall
administer and collect the wagering taxes imposed by this
Section in a manner consistent with the provisions of
Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and
Section 3-7 of the Uniform Penalty and Interest Act.
(Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 7-1-95.)
ARTICLE 15
Section 15-5. Short title. This Article may be cited as
the General State Aid Continuing Appropriation Law.
Section 15-10. Annual budget; recommendation. The
Governor shall include a Common School Fund recommendation to
the State Board of Education in the fiscal year 1999 through
2001 annual Budgets sufficient to fund the General State Aid
Formula set forth in Subsection E (Computation of General
State Aid) and Subsection H (Supplemental General State Aid)
of Section 18-8.05 of the School Code.
Section 15-15. General State Aid Formula; Funding. The
General Assembly shall annually make Common School Fund
appropriations to the State Board of Education in fiscal
years 1999 through 2001 sufficient to fund the General State
Aid Formula set forth in Subsection E (Computation of General
State Aid) and Subsection H (Supplemental General State Aid)
of Section 18-8.05 of the School Code.
Section 15-20. Continuing appropriation. If the General
Assembly fails to make Common School Fund appropriations to
the State Board of Education in fiscal years 1999 through
2001 sufficient to fund the General State Aid Formula set
forth in Subsection E (Computation of General State Aid) and
Subsection H (Supplemental General State Aid) of Section
18-8.05 of the School Code, this Article shall constitute an
irrevocable and continuing appropriation from the Common
School Fund of all amounts necessary for that purpose.
Section 15-25. Repeal. This Article is repealed June
30, 2001.
ARTICLE 925
Section 925-5. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
ARTICLE 950
Section 950-5. Severability and inseverability.
(a) If any provision of this Act, other than Article 10,
or the application of any provision of this Act, other than a
provision of Article 10, to any person or circumstance is
held invalid, the invalidity of that provision or application
does not affect other provisions or applications of this Act
that can be given effect without the invalid provision or
application.
(b) Each provision of Article 10 is mutually dependent
upon and inseverable from each other provision of that
Article. If any provision of Article 10 or its application
to any person or circumstance is held invalid, then all of
Article 10 is invalid.
(c) If Article 10 or any provision of that Article or
the application of that Article or provision of that Article
to any other person or circumstance is held invalid, the
invalidity of that Article or provision does not affect any
other Article of this Act or any provision of any such other
Article that can be given effect without the invalid
provision or application.
ARTICLE 990
Section 990-5. Effective date. This Act takes effect
upon becoming law, except that (i) all provisions of Article
5, other than the changes made by Section 5-910 to the
Illinois Pension Code and other than the changes to Sections
18-7 and 18-8 of and the addition of Section 18-8.05 to the
School Code, take effect January 1, 1998, (ii) the changes
made by Section 5-910 to the Illinois Pension Code and the
changes to Sections 18-7 and 18-8 of the School Code take
effect upon becoming a law, and (iii) the addition of Section
18-8.05 to the School Code takes effect July 1, 1998.