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90_HB0449sam003
LRB9002548KDmbam02
1 AMENDMENT TO HOUSE BILL 449
2 AMENDMENT NO. . Amend House Bill 449 by replacing
3 the title with the following:
4 "AN ACT relating to education reform, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Capital Development Board Act is amended
9 by changing Sections 1A-3 and 1A-9 as follows:
10 (20 ILCS 3105/1A-3) (from Ch. 127, par. 783.3)
11 Sec. 1A-3. The Grant Index for any school district is
12 equal to one minus the ratio of the district's equalized
13 assessed valuation per pupil in weighted average daily
14 attendance to the equalized assessed valuation per pupil in
15 weighted average daily attendance of the district located at
16 the ninetieth percentile for all districts of the same type.
17 The Grant Index for any school district shall be no less than
18 0.40 .20 and no greater than 0.70 .70. The product of the
19 district's Grant Index and the Recognized Project Cost, as
20 determined by the Board, for an approved school construction
21 project equals the amount the Board shall expend on behalf of
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1 the district; however, that amount for the purpose of a
2 special education school construction project shall be
3 reduced by the amount of unexpended State reimbursement
4 received under Section 14-13.02 of the School Code. The
5 Grant Index shall not be used in cases where the General
6 Assembly and Governor approve appropriations designated for
7 specifically identified school district construction
8 projects.
9 (Source: P.A. 87-184.)
10 (20 ILCS 3105/1A-9) (from Ch. 127, par. 783.9)
11 Sec. 1A-9. Priority of school construction projects.
12 The State Board of Education shall develop standards for the
13 determination of priority needs concerning Planning
14 Assistance and School Construction Projects based upon the
15 approved District Facility Plans and the factors stated in
16 Sections 35-6, 35-9 and 35-10 of the School Code.
17 Such standards shall call for prioritization based on the
18 degree of need and project type in the following order:
19 (1) Replacement or reconstruction of school buildings
20 destroyed or damaged by flood, tornado, fire, earthquake, or
21 other disasters, either man-made or produced by nature.
22 (2) Districts experiencing a shortage of classrooms due
23 to population growth.
24 (3) Interdistrict reorganization of school districts
25 contingent on local referenda or regional board of school
26 trustees actions.
27 (4) Replacement or reconstruction of school facilities
28 which are determined to be severe and continuing health/life
29 safety hazards.
30 (5) Alterations necessary to provide accessibility for
31 qualified individuals with disabilities.
32 (6) Other unique solutions to facility needs. Such
33 standards shall give priority to assisting consolidation of
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1 school districts and shall consider the physical condition of
2 existing facilities together with other data contained in
3 District Facility Plans. Such standards shall also give
4 priority to expediting the replacement or reconstruction of
5 school buildings destroyed or damaged by flood, tornado,
6 fire, or other disaster produced solely by nature. Standards
7 developed for determining priority needs shall be widely
8 promulgated so that school districts can reasonably
9 anticipate the timing and extent of the State's financial
10 support of the District's Facility Plan.
11 If Planning Assistance or School Construction Projects
12 are approved in any year but financial support is not given
13 due to lack of adequate appropriations, awarding of
14 contracts, or for any other reason, such Planning Assistance
15 or School Construction Projects shall be reconsidered along
16 with any new Planning Assistance or School Construction
17 Projects submitted the following year placed ahead of any new
18 Assistance or Projects that are approved for the following
19 year.
20 (Source: P.A. 79-1098.)
21 Section 6. The Cigarette Tax Act is amended by changing
22 Section 2 as follows:
23 (35 ILCS 130/2) (from Ch. 120, par. 453.2)
24 Sec. 2. (a) A tax is imposed upon any person engaged in
25 business as a retailer of cigarettes in this State at the
26 rate of 5 1/2 mills per cigarette sold, or otherwise disposed
27 of in the course of such business in this State. In addition
28 to any other tax imposed by this Act, a tax is imposed upon
29 any person engaged in business as a retailer of cigarettes in
30 this State at a rate of 1/2 mill per cigarette sold or
31 otherwise disposed of in the course of such business in this
32 State on and after January 1, 1947, and shall be paid into
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1 the Metropolitan Fair and Exposition Authority Reconstruction
2 Fund. On and after December 1, 1985, in addition to any other
3 tax imposed by this Act, a tax is imposed upon any person
4 engaged in business as a retailer of cigarettes in this State
5 at a rate of 4 mills per cigarette sold or otherwise disposed
6 of in the course of such business in this State. Of the
7 additional tax imposed by this amendatory Act of 1985,
8 $9,000,000 of the moneys received by the Department of
9 Revenue pursuant to this Act shall be paid each month into
10 the Common School Fund. On and after the effective date of
11 this amendatory Act of 1989, in addition to any other tax
12 imposed by this Act, a tax is imposed upon any person engaged
13 in business as a retailer of cigarettes at the rate of 5
14 mills per cigarette sold or otherwise disposed of in the
15 course of such business in this State. On and after the
16 effective date of this amendatory Act of 1993, in addition to
17 any other tax imposed by this Act, a tax is imposed upon any
18 person engaged in business as a retailer of cigarettes at the
19 rate of 7 mills per cigarette sold or otherwise disposed of
20 in the course of such business in this State. On and after
21 the effective date of this amendatory Act of 1997, in
22 addition to any other tax imposed by this Act, a tax is
23 imposed upon any person engaged in business as a retailer of
24 cigarettes at the rate of 5 mills per cigarette sold or
25 otherwise disposed of in the course of such business of this
26 State. Of the additional taxes imposed by this amendatory
27 Act of 1997, all of the moneys received by the Department of
28 Revenue pursuant to this Act and the Cigarette Use Tax Act
29 shall be paid each month into the Common School Fund. The
30 payment of such taxes shall be evidenced by a stamp affixed
31 to each original package of cigarettes, or an authorized
32 substitute for such stamp imprinted on each original package
33 of such cigarettes underneath the sealed transparent outside
34 wrapper of such original package, as hereinafter provided.
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1 However, such taxes are not imposed upon any activity in such
2 business in interstate commerce or otherwise, which activity
3 may not under the Constitution and statutes of the United
4 States be made the subject of taxation by this State.
5 Beginning on the effective date of this amendatory Act of
6 1993, all of the moneys received by the Department of Revenue
7 pursuant to this Act and the Cigarette Use Tax Act, other
8 than the moneys that are dedicated to the Metropolitan Fair
9 and Exposition Authority Reconstruction Fund and the Common
10 School Fund, shall be distributed each month as follows:
11 first, there shall be paid into the General Revenue Fund an
12 amount which, when added to the amount paid into the Common
13 School Fund for that month, equals $25,000,000; then, from
14 the moneys remaining, if any amounts required to be paid into
15 the General Revenue Fund in previous months remain unpaid,
16 those amounts shall be paid into the General Revenue Fund;
17 then, from the moneys remaining, if any amounts required to
18 be paid into the Long-Term Care Provider Fund in previous
19 months remain unpaid, those amounts shall be paid into the
20 Long-Term Care Provider Fund; then, from the moneys
21 remaining, $9,545,000 shall be paid into the Long-Term Care
22 Provider Fund (except that not more than $105,000,000 shall
23 be paid into the Long-Term Care Provider Fund in State fiscal
24 year 1994 from moneys received pursuant to this Act); and
25 finally the remaining moneys, if any, shall be paid into the
26 Hospital Provider Fund. To the extent that more than
27 $25,000,000 has been paid into the General Revenue Fund and
28 Common School Fund per month for the period of July 1, 1993
29 through the effective date of this amendatory Act of 1994
30 from combined receipts of the Cigarette Tax Act and the
31 Cigarette Use Tax Act, notwithstanding the distribution
32 provided in this Section, the Department of Revenue is hereby
33 directed to adjust the distribution provided in this Section
34 to increase the next monthly payments to the Long Term Care
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1 Provider Fund by the amount paid to the General Revenue Fund
2 and Common School Fund in excess of $25,000,000 per month and
3 to decrease the next monthly payments to the General Revenue
4 Fund and Common School Fund by that same excess amount.
5 When any tax imposed herein terminates or has terminated,
6 distributors who have bought stamps while such tax was in
7 effect and who therefore paid such tax, but who can show, to
8 the Department's satisfaction, that they sold the cigarettes
9 to which they affixed such stamps after such tax had
10 terminated and did not recover the tax or its equivalent from
11 purchasers, shall be allowed by the Department to take credit
12 for such absorbed tax against subsequent tax stamp purchases
13 from the Department by such distributor.
14 The impact of the tax levied by this Act is imposed upon
15 the retailer and shall be prepaid or pre-collected by the
16 distributor for the purpose of convenience and facility only,
17 and the amount of the tax shall be added to the price of the
18 cigarettes sold by such distributor. Collection of the tax
19 shall be evidenced by a stamp or stamps affixed to each
20 original package of cigarettes, as hereinafter provided.
21 Each distributor shall collect the tax from the retailer
22 at or before the time of the sale, shall affix the stamps as
23 hereinafter required, and shall remit the tax collected from
24 retailers to the Department, as hereinafter provided. Any
25 distributor who fails to properly collect and pay the tax
26 imposed by this Act shall be liable for the tax. Any
27 distributor having cigarettes to which stamps have been
28 affixed in his possession for sale on the effective date of
29 this amendatory Act of 1989 shall not be required to pay the
30 additional tax imposed by this amendatory Act of 1989 on such
31 stamped cigarettes. Any distributor having cigarettes to
32 which stamps have been affixed in his or her possession for
33 sale at 12:01 a.m. on the effective date of this amendatory
34 Act of 1993, is required to pay the additional tax imposed by
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1 this amendatory Act of 1993 on such stamped cigarettes. This
2 payment, less the discount provided in subsection (b), shall
3 be due when the distributor first makes a purchase of
4 cigarette tax stamps after the effective date of this
5 amendatory Act of 1993, or on the first due date of a return
6 under this Act after the effective date of this amendatory
7 Act of 1993, whichever occurs first. Any distributor having
8 cigarettes to which stamps have been affixed in his
9 possession for sale on the effective date of this amendatory
10 Act of 1997 shall not be required to pay the additional tax
11 imposed by this amendatory Act of 1997 on such stamped
12 cigarettes.
13 The amount of the Cigarette Tax imposed by this Act shall
14 be separately stated, apart from the price of the goods, by
15 both distributors and retailers, in all advertisements, bills
16 and sales invoices.
17 (b) The distributor shall be required to collect the
18 taxes provided under paragraph (a) hereof, and, to cover the
19 costs of such collection, shall be allowed a discount during
20 any year commencing July 1st and ending the following June
21 30th in accordance with the schedule set out hereinbelow,
22 which discount shall be allowed at the time of purchase of
23 the stamps when purchase is required by this Act, or at the
24 time when the tax is remitted to the Department without the
25 purchase of stamps from the Department when that method of
26 paying the tax is required or authorized by this Act. Prior
27 to December 1, 1985, a discount equal to 1 2/3% of the amount
28 of the tax up to and including the first $700,000 paid
29 hereunder by such distributor to the Department during any
30 such year; 1 1/3% of the next $700,000 of tax or any part
31 thereof, paid hereunder by such distributor to the Department
32 during any such year; 1% of the next $700,000 of tax, or any
33 part thereof, paid hereunder by such distributor to the
34 Department during any such year, and 2/3 of 1% of the amount
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1 of any additional tax paid hereunder by such distributor to
2 the Department during any such year shall apply. On and after
3 December 1, 1985, a discount equal to 1.75% of the amount of
4 the tax payable under this Act up to and including the first
5 $3,000,000 paid hereunder by such distributor to the
6 Department during any such year and 1.5% of the amount of any
7 additional tax paid hereunder by such distributor to the
8 Department during any such year shall apply.
9 Two or more distributors that use a common means of
10 affixing revenue tax stamps or that are owned or controlled
11 by the same interests shall be treated as a single
12 distributor for the purpose of computing the discount.
13 (c) The taxes herein imposed are in addition to all
14 other occupation or privilege taxes imposed by the State of
15 Illinois, or by any political subdivision thereof, or by any
16 municipal corporation.
17 (Source: P.A. 88-88; 88-535.)
18 Section 7. The Cigarette Use Tax Act is amended by
19 changing Section 2 as follows:
20 (35 ILCS 135/2) (from Ch. 120, par. 453.32)
21 Sec. 2. A tax is imposed upon the privilege of using
22 cigarettes in this State, at the rate of 6 mills per
23 cigarette so used. On and after December 1, 1985, in addition
24 to any other tax imposed by this Act, a tax is imposed upon
25 the privilege of using cigarettes in this State at a rate of
26 4 mills per cigarette so used. On and after the effective
27 date of this amendatory Act of 1989, in addition to any other
28 tax imposed by this Act, a tax is imposed upon the privilege
29 of using cigarettes in this State at the rate of 5 mills per
30 cigarette so used. On and after the effective date of this
31 amendatory Act of 1993, in addition to any other tax imposed
32 by this Act, a tax is imposed upon the privilege of using
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1 cigarettes in this State at a rate of 7 mills per cigarette
2 so used. On and after the effective date of this amendatory
3 Act of 1997, in addition to any other tax imposed by this
4 Act, a tax is imposed upon the privilege of using cigarettes
5 in this State at a rate of 5 mills per cigarette so used.
6 The taxes herein imposed shall be in addition to all other
7 occupation or privilege taxes imposed by the State of
8 Illinois or by any political subdivision thereof or by any
9 municipal corporation.
10 When any tax imposed herein terminates or has terminated,
11 distributors who have bought stamps while such tax was in
12 effect and who therefore paid such tax, but who can show, to
13 the Department's satisfaction, that they sold the cigarettes
14 to which they affixed such stamps after such tax had
15 terminated and did not recover the tax or its equivalent from
16 purchasers, shall be allowed by the Department to take credit
17 for such absorbed tax against subsequent tax stamp purchases
18 from the Department by such distributors.
19 When the word "tax" is used in this Act, it shall include
20 any tax or tax rate imposed by this Act and shall mean the
21 singular of "tax" or the plural "taxes" as the context may
22 require.
23 Any distributor having cigarettes to which stamps have
24 been affixed in his possession for sale on the effective date
25 of this amendatory Act of 1989 shall not be required to pay
26 the additional tax imposed by this amendatory Act of 1989 on
27 such stamped cigarettes. Any distributor having cigarettes to
28 which stamps have been affixed in his or her possession for
29 sale at 12:01 a.m. on the effective date of this amendatory
30 Act of 1993, is required to pay the additional tax imposed by
31 this amendatory Act of 1993 on such stamped cigarettes. This
32 payment shall be due when the distributor first makes a
33 purchase of cigarette tax stamps after the effective date of
34 this amendatory Act of 1993, or on the first due date of a
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1 return under this Act after the effective date of this
2 amendatory Act of 1993, whichever occurs first. Once a
3 distributor tenders payment of the additional tax to the
4 Department, the distributor may purchase stamps from the
5 Department. Any distributor having cigarettes to which stamps
6 have been affixed in his possession for sale on the effective
7 date of this amendatory Act of 1997 shall not be required to
8 pay the additional tax imposed by this amendatory Act of 1997
9 on such stamped cigarettes.
10 (Source: P.A. 88-88.)
11 Section 30. The Telecommunications Excise Tax Act is
12 amended by changing Sections 3, 4, and 6 as follows:
13 (35 ILCS 630/3) (from Ch. 120, par. 2003)
14 Sec. 3. Until June 30, 1997, a tax is imposed upon the
15 act or privilege of originating or receiving intrastate
16 telecommunications by a person in this State at the rate of
17 5% of the gross charge for such telecommunications purchased
18 at retail from a retailer by such person. Beginning July 1,
19 1997, a tax is imposed upon the act or privilege of
20 originating in this State or receiving in this State
21 intrastate telecommunications by a person in this State at
22 the rate of 6% of the gross charge for such
23 telecommunications purchased at retail from a retailer by
24 such person. However, such tax is not imposed on the act or
25 privilege to the extent such act or privilege may not, under
26 the Constitution and statutes of the United States, be made
27 the subject of taxation by the State.
28 (Source: P.A. 84-1295.)
29 (35 ILCS 630/4) (from Ch. 120, par. 2004)
30 Sec. 4. Until June 30, 1997, a tax is imposed upon the
31 act or privilege of originating in this State or receiving in
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1 this State interstate telecommunications by a person in this
2 State at the rate of 5% of the gross charge for such
3 telecommunications purchased at retail from a retailer by
4 such person. Beginning July 1, 1997, a tax is imposed upon
5 the act or privilege of originating in this State or
6 receiving in this State interstate telecommunications by a
7 person in this State at the rate of 6% of the gross charge
8 for such telecommunications purchased at retail from a
9 retailer by such person. To prevent actual multi-state
10 taxation of the act or privilege that is subject to taxation
11 under this paragraph, any taxpayer, upon proof that that
12 taxpayer has paid a tax in another state on such event, shall
13 be allowed a credit against the tax imposed in this Section 4
14 to the extent of the amount of such tax properly due and paid
15 in such other state. However, such tax is not imposed on the
16 act or privilege to the extent such act or privilege may not,
17 under the Constitution and statutes of the United States, be
18 made the subject of taxation by the State.
19 (Source: P.A. 84-1295.)
20 (35 ILCS 630/6) (from Ch. 120, par. 2006)
21 Sec. 6. Except as provided hereinafter in this Section,
22 on or before the 15th day of each month each retailer
23 maintaining a place of business in this State shall make a
24 return to the Department for the preceding calendar month,
25 stating:
26 1. His name;
27 2. The address of his principal place of business, and
28 the address of the principal place of business (if that is a
29 different address) from which he engages in the business of
30 transmitting telecommunications;
31 3. Total amount of gross charges billed by him during
32 the preceding calendar month for providing telecommunications
33 during such calendar month;
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1 4. Total amount received by him during the preceding
2 calendar month on credit extended;
3 5. Deductions allowed by law;
4 6. Gross charges which were billed by him during the
5 preceding calendar month and upon the basis of which the tax
6 is imposed;
7 7. Amount of tax (computed upon Item 6);
8 8. Such other reasonable information as the Department
9 may require.
10 If the retailer's average monthly tax billings due to the
11 Department do not exceed $100, the Department may authorize
12 his returns to be filed on a quarter annual basis, with the
13 return for January, February and March of a given year being
14 due by April 15 of such year; with the return for April, May
15 and June of a given year being due by July 15 of such year;
16 with the return for July, August and September of a given
17 year being due by October 15 of such year; and with the
18 return of October, November and December of a given year
19 being due by January 15 of the following year.
20 Notwithstanding any other provision of this Article
21 containing the time within which a retailer may file his
22 return, in the case of any retailer who ceases to engage in a
23 kind of business which makes him responsible for filing
24 returns under this Article, such retailer shall file a final
25 return under this Article with the Department not more than
26 one month after discontinuing such business.
27 In making such return, the retailer shall determine the
28 value of any consideration other than money received by him
29 and he shall include such value in his return. Such
30 determination shall be subject to review and revision by the
31 Department in the manner hereinafter provided for the
32 correction of returns.
33 Each retailer whose average monthly liability to the
34 Department under this Article was $10,000 or more during the
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1 preceding calendar year, excluding the month of highest
2 liability and the month of lowest liability in such calendar
3 year, and who is not operated by a unit of local government,
4 shall make estimated payments to the Department on or before
5 the 7th, 15th, 22nd and last day of the month during which
6 tax collection liability to the Department is incurred in an
7 amount not less than the lower of either 22.5% of the
8 retailer's actual tax collections for the month or 25% of the
9 retailer's actual tax collections for the same calendar month
10 of the preceding year. The amount of such quarter monthly
11 payments shall be credited against the final liability of the
12 retailer's return for that month. Any outstanding credit,
13 approved by the Department, arising from the retailer's
14 overpayment of its final liability for any month may be
15 applied to reduce the amount of any subsequent quarter
16 monthly payment or credited against the final liability of
17 the retailer's return for any subsequent month. If any
18 quarter monthly payment is not paid at the time or in the
19 amount required by this Section, the retailer shall be liable
20 for penalty and interest on the difference between the
21 minimum amount due as a payment and the amount of such
22 payment actually and timely paid, except insofar as the
23 retailer has previously made payments for that month to the
24 Department in excess of the minimum payments previously due.
25 If the Director finds that the information required for
26 the making of an accurate return cannot reasonably be
27 compiled by a retailer within 15 days after the close of the
28 calendar month for which a return is to be made, he may grant
29 an extension of time for the filing of such return for a
30 period of not to exceed 31 calendar days. The granting of
31 such an extension may be conditioned upon the deposit by the
32 retailer with the Department of an amount of money not
33 exceeding the amount estimated by the Director to be due with
34 the return so extended. All such deposits, including any
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1 heretofore made with the Department, shall be credited
2 against the retailer's liabilities under this Article. If
3 any such deposit exceeds the retailer's present and probable
4 future liabilities under this Article, the Department shall
5 issue to the retailer a credit memorandum, which may be
6 assigned by the retailer to a similar retailer under this
7 Article, in accordance with reasonable rules and regulations
8 to be prescribed by the Department.
9 The retailer making the return herein provided for shall,
10 at the time of making such return, pay to the Department the
11 amount of tax herein imposed. On and after the effective date
12 of this Article of 1985, until July 31, 1997, $1,000,000 of
13 the moneys received by the Department of Revenue pursuant to
14 this Article shall be paid each month into the Common School
15 Fund and the remainder into the General Revenue Fund. On and
16 after August 1, 1997, of the moneys received by the
17 Department of Revenue pursuant to this Article, $1,000,000
18 plus all of the funds collected from the increased rate
19 imposed pursuant to this amendatory Act of 1997 shall be paid
20 each month into the Common School Fund and the remainder
21 shall be paid each month into the General Revenue Fund.
22 (Source: P.A. 84-126.)
23 Section 40. The School Code is amended by changing
24 Sections 1B-16, 1C-2, 10-22.6, 10-22.23, 10-23.5, 10-23.8,
25 10-23.8a, 18-8, 18-8.2, 24-11, 24-12, 27A-2, 27A-7, 27A-8,
26 27A-9, 27A-11, and 34-84, and adding Sections 2-3.120, 21-5c,
27 and 21-5d as follows:
28 (105 ILCS 5/1B-16) (from Ch. 122, par. 1B-16)
29 Sec. 1B-16. Cash accounts and bank accounts. (a) The
30 Panel shall require the board or any officer of the board,
31 including the board's treasurer or any person acting as the
32 board's official or ex officio treasurer, to establish and
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1 maintain separate cash accounts and separate bank accounts in
2 accordance with such standards and procedures as the Panel
3 may prescribe.
4 (b) The Panel shall have the power to assume exclusive
5 administration of the cash accounts and bank accounts of the
6 board, to establish and maintain whatever new cash accounts
7 and bank accounts it may deem appropriate, and to withdraw
8 funds from such accounts for the lawful expenditures of the
9 board. In exercising this authority, the Panel may have its
10 own employees perform functions that the Panel deems are
11 necessary to exercise effective financial control over the
12 board and that are otherwise performed by the board's
13 employees, including but not limited to, payroll, accounts
14 payable, revenue receipt, and related accounting and data
15 processing functions. The General Assembly hereby declares
16 the amendment to this subsection made by this amendatory act
17 of 1997 to be a declaration and clarification of existing law
18 rather than a change in existing law.
19 (Source: P.A. 86-954.)
20 (105 ILCS 5/1C-2)
21 Sec. 1C-2. Block grants.
22 (a) For fiscal year 1998, and each fiscal year
23 thereafter, the State Board of Education shall award to
24 school districts block grants as described in subsections
25 (b), (c), and (d). The State Board of Education may adopt
26 rules and regulations necessary to implement this Section.
27 (b) A School Improvement Block Grant shall be created by
28 combining the following programs: the School Safety and
29 Educational Improvement Block Grant, K-6 Arts Planning,
30 Scientific Literacy, Substance Abuse/Violence Prevention,
31 Urban Education Partnership, Report Cards, and Background
32 Checks. These funds shall be distributed to school districts
33 based on average daily attendance.
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1 (c) A Professional Development Block Grant shall be
2 created by combining the existing School Improvement Block
3 Grant, the REI Initiative, and the Leadership Development
4 Institute. These funds shall be distributed to school
5 districts based on the number of full-time certified
6 instructional staff employed in the district.
7 (d) An Early Childhood Education Block Grant shall be
8 created by combining the following programs: Preschool
9 Education, Parental Training and Prevention Initiative.
10 These funds shall be distributed to school districts and
11 other entities on a competitive basis. Six percent of this
12 grant shall be used to fund programs for children ages 0-3.
13 From appropriations made for block grant purposes, the State
14 Board of Education is authorized to award funds to eligible
15 recipients upon application. Semiannual installment payments
16 shall be made and semiannual expenditure reports shall be
17 required.
18 (Source: P.A. 88-555, eff. 7-27-94; 89-397, eff. 8-20-95.)
19 (105 ILCS 5/2-3.120 new)
20 Sec. 2-3.120. Liability coverage for certificated school
21 employees. The State Board of Education shall provide or
22 arrange to have provided for each certificated person who
23 receives a salary or wages in exchange for performing
24 educational employment activities on behalf of a school
25 board, board of trustees, joint agreement program board,
26 cooperative program board, or similar governing body of a
27 public elementary or secondary educational unit in Illinois
28 educators liability coverage in amounts no less than: (1)
29 $1,000,000 per person per occurrence, not to include any
30 civil rights issue or claims; (2) $250,000 per person per
31 occurrence for civil rights issue or claims and not to
32 include any other claims; and (3) $3,000,000 per occurrence
33 aggregate for all claims.
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1 The coverage provided by the State Board shall also
2 include: (a) reimbursement of attorney fees for defense of a
3 criminal proceeding in an amount not less than $35,000 per
4 criminal proceeding; (b) bail bond coverage of not less than
5 $1,000 per bond; and (c) assault-related personal property
6 damage coverage of not less than $250 per incident.
7 The liability coverage required by this Section shall be
8 provided at no cost to the covered persons accepting such
9 coverage.
10 The State Board shall adopt such rules and regulations as
11 are necessary to implement the provisions of this Section.
12 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
13 (Text of Section before amendment by P.A. 89-507)
14 Sec. 10-22.6. Suspension or expulsion of pupils; school
15 searches.
16 (a) To expel pupils guilty of gross disobedience or
17 misconduct, and no action shall lie against them for such
18 expulsion. Expulsion shall take place only after the parents
19 have been requested to appear at a meeting of the board, or
20 with a hearing officer appointed by it, to discuss their
21 child's behavior. Such request shall be made by registered or
22 certified mail and shall state the time, place and purpose of
23 the meeting. The board, or a hearing officer appointed by it,
24 at such meeting shall state the reasons for dismissal and the
25 date on which the expulsion is to become effective. If a
26 hearing officer is appointed by the board he shall report to
27 the board a written summary of the evidence heard at the
28 meeting and the board may take such action thereon as it
29 finds appropriate.
30 (b) To suspend or by regulation to authorize the
31 superintendent of the district or the principal, assistant
32 principal, or dean of students of any school to suspend
33 pupils guilty of gross disobedience or misconduct, or to
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1 suspend pupils guilty of gross disobedience or misconduct on
2 the school bus from riding the school bus, and no action
3 shall lie against them for such suspension. The board may by
4 regulation authorize the superintendent of the district or
5 the principal, assistant principal, or dean of students of
6 any school to suspend pupils guilty of such acts for a period
7 not to exceed 10 school days. If a pupil is suspended due to
8 gross disobedience or misconduct on a school bus, the board
9 may suspend the pupil in excess of 10 school days for safety
10 reasons. Any suspension shall be reported immediately to the
11 parents or guardian of such pupil along with a full statement
12 of the reasons for such suspension and a notice of their
13 right to a review, a copy of which shall be given to the
14 school board. Upon request of the parents or guardian the
15 school board or a hearing officer appointed by it shall
16 review such action of the superintendent or principal,
17 assistant principal, or dean of students. At such review the
18 parents or guardian of the pupil may appear and discuss the
19 suspension with the board or its hearing officer. If a
20 hearing officer is appointed by the board he shall report to
21 the board a written summary of the evidence heard at the
22 meeting. After its hearing or upon receipt of the written
23 report of its hearing officer, the board may take such action
24 as it finds appropriate.
25 (c) The Department of Mental Health and Developmental
26 Disabilities shall be invited to send a representative to
27 consult with the board at such meeting whenever there is
28 evidence that mental illness may be the cause for expulsion
29 or suspension.
30 (d) The board may expel a student for a definite period
31 of time not to exceed 2 calendar years, as determined on a
32 case by case basis. A student who is determined to have
33 brought a weapon to school, any school-sponsored activity or
34 event, or any activity or event which bears a reasonable
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1 relationship to school shall be expelled for a period of not
2 less than one year, except that the expulsion period may be
3 modified by the board on a case by case basis. For purposes
4 of this Section, the term "weapon" means possession, use,
5 control or transfer of any object which may be used to cause
6 bodily harm, including but not limited to a weapon as defined
7 by Section 921 of Title 18, United States Code, firearm as
8 defined in Section 1.1 of the Firearm Owners Identification
9 Act, use of weapon as defined in Section 24-1 of the Criminal
10 Code, knives, guns, firearms, rifles, shotguns, brass
11 knuckles, billy clubs, or "look-alikes" thereof. Such items
12 as baseball bats, pipes, bottles, locks, sticks, pencils, and
13 pens may be considered weapons if used or attempted to be
14 used to cause bodily harm. Expulsion or suspension shall be
15 construed in a manner consistent with the Federal Individuals
16 with Disabilities Education Act. A student who is subject to
17 suspension or expulsion as provided in this Section may be
18 eligible for a transfer to an alternative school program in
19 accordance with Article 13A of the School Code. The
20 provisions of this subsection (d) apply in all school
21 districts, including special charter districts and districts
22 organized under Article 34.
23 (e) To maintain order and security in the schools,
24 school authorities may inspect and search places and areas
25 such as lockers, desks, parking lots, and other school
26 property and equipment owned or controlled by the school, as
27 well as personal effects left in those places and areas by
28 students, without notice to or the consent of the student,
29 and without a search warrant. As a matter of public policy,
30 the General Assembly finds that students have no reasonable
31 expectation of privacy in these places and areas or in their
32 personal effects left in these places and areas. School
33 authorities may request the assistance of law enforcement
34 officials for the purpose of conducting inspections and
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1 searches of lockers, desks, parking lots, and other school
2 property and equipment owned or controlled by the school for
3 illegal drugs, weapons, or other illegal or dangerous
4 substances or materials, including searches conducted through
5 the use of specially trained dogs. If a search conducted in
6 accordance with this Section produces evidence that the
7 student has violated or is violating either the law, local
8 ordinance, or the school's policies or rules, such evidence
9 may be seized by school authorities, and disciplinary action
10 may be taken. School authorities may also turn over such
11 evidence to law enforcement authorities. The provisions of
12 this subsection (e) apply in all school districts, including
13 special charter districts and districts organized under
14 Article 34.
15 (f) Suspension or expulsion may include suspension or
16 expulsion from school and all school activities and a
17 prohibition from being present on school grounds.
18 (Source: P.A. 89-371, eff. 1-1-96; 89-610, eff. 8-6-96;
19 revised 9-9-96.)
20 (Text of Section after amendment by P.A. 89-507)
21 Sec. 10-22.6. Suspension or expulsion of pupils; school
22 searches.
23 (a) To expel pupils guilty of gross disobedience or
24 misconduct, and no action shall lie against them for such
25 expulsion. Expulsion shall take place only after the parents
26 have been requested to appear at a meeting of the board, or
27 with a hearing officer appointed by it, to discuss their
28 child's behavior. Such request shall be made by registered or
29 certified mail and shall state the time, place and purpose of
30 the meeting. The board, or a hearing officer appointed by it,
31 at such meeting shall state the reasons for dismissal and the
32 date on which the expulsion is to become effective. If a
33 hearing officer is appointed by the board he shall report to
34 the board a written summary of the evidence heard at the
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1 meeting and the board may take such action thereon as it
2 finds appropriate.
3 (b) To suspend or by regulation to authorize the
4 superintendent of the district or the principal, assistant
5 principal, or dean of students of any school to suspend
6 pupils guilty of gross disobedience or misconduct, or to
7 suspend pupils guilty of gross disobedience or misconduct on
8 the school bus from riding the school bus, and no action
9 shall lie against them for such suspension. The board may by
10 regulation authorize the superintendent of the district or
11 the principal, assistant principal, or dean of students of
12 any school to suspend pupils guilty of such acts for a period
13 not to exceed 10 school days. If a pupil is suspended due to
14 gross disobedience or misconduct on a school bus, the board
15 may suspend the pupil in excess of 10 school days for safety
16 reasons. Any suspension shall be reported immediately to the
17 parents or guardian of such pupil along with a full statement
18 of the reasons for such suspension and a notice of their
19 right to a review, a copy of which shall be given to the
20 school board. Upon request of the parents or guardian the
21 school board or a hearing officer appointed by it shall
22 review such action of the superintendent or principal,
23 assistant principal, or dean of students. At such review the
24 parents or guardian of the pupil may appear and discuss the
25 suspension with the board or its hearing officer. If a
26 hearing officer is appointed by the board he shall report to
27 the board a written summary of the evidence heard at the
28 meeting. After its hearing or upon receipt of the written
29 report of its hearing officer, the board may take such action
30 as it finds appropriate.
31 (c) The Department of Human Services shall be invited to
32 send a representative to consult with the board at such
33 meeting whenever there is evidence that mental illness may be
34 the cause for expulsion or suspension.
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1 (d) The board may expel a student for a definite period
2 of time not to exceed 2 calendar years, as determined on a
3 case by case basis. A student who is determined to have
4 brought a weapon to school, any school-sponsored activity or
5 event, or any activity or event which bears a reasonable
6 relationship to school shall be expelled for a period of not
7 less than one year, except that the expulsion period may be
8 modified by the board on a case by case basis. For purposes
9 of this Section, the term "weapon" means possession, use,
10 control or transfer of any object which may be used to cause
11 bodily harm, including but not limited to a weapon as defined
12 by Section 921 of Title 18, United States Code, firearm as
13 defined in Section 1.1 of the Firearm Owners Identification
14 Act, use of weapon as defined in Section 24-1 of the Criminal
15 Code, knives, guns, firearms, rifles, shotguns, brass
16 knuckles, billy clubs, or "look-alikes" thereof. Such items
17 as baseball bats, pipes, bottles, locks, sticks, pencils, and
18 pens may be considered weapons if used or attempted to be
19 used to cause bodily harm. Expulsion or suspension shall be
20 construed in a manner consistent with the Federal Individuals
21 with Disabilities Education Act. A student who is subject to
22 suspension or expulsion as provided in this Section may be
23 eligible for a transfer to an alternative school program in
24 accordance with Article 13A of the School Code. The
25 provisions of this subsection (d) apply in all school
26 districts, including special charter districts and districts
27 organized under Article 34.
28 (e) To maintain order and security in the schools,
29 school authorities may inspect and search places and areas
30 such as lockers, desks, parking lots, and other school
31 property and equipment owned or controlled by the school, as
32 well as personal effects left in those places and areas by
33 students, without notice to or the consent of the student,
34 and without a search warrant. As a matter of public policy,
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1 the General Assembly finds that students have no reasonable
2 expectation of privacy in these places and areas or in their
3 personal effects left in these places and areas. School
4 authorities may request the assistance of law enforcement
5 officials for the purpose of conducting inspections and
6 searches of lockers, desks, parking lots, and other school
7 property and equipment owned or controlled by the school for
8 illegal drugs, weapons, or other illegal or dangerous
9 substances or materials, including searches conducted through
10 the use of specially trained dogs. If a search conducted in
11 accordance with this Section produces evidence that the
12 student has violated or is violating either the law, local
13 ordinance, or the school's policies or rules, such evidence
14 may be seized by school authorities, and disciplinary action
15 may be taken. School authorities may also turn over such
16 evidence to law enforcement authorities. The provisions of
17 this subsection (e) apply in all school districts, including
18 special charter districts and districts organized under
19 Article 34.
20 (f) Suspension or expulsion may include suspension or
21 expulsion from school and all school activities and a
22 prohibition from being present on school grounds.
23 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
24 89-610, eff. 8-6-96; revised 9-9-96.)
25 (105 ILCS 5/10-22.23) (from Ch. 122, par. 10-22.23)
26 Sec. 10-22.23. School Nurse. To employ a registered
27 professional nurse and define the duties of the school nurse
28 within the guidelines of rules and regulations promulgated by
29 the State Board of Education. Any school nurse first
30 employed on or after July 1, 1976, whose duties require
31 teaching or the exercise of instructional judgment or
32 educational evaluation of pupils, must be certificated under
33 Section 21-25 of this Act. School districts may employ
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1 non-certificated registered professional nurses to perform
2 professional nursing services.
3 (Source: P.A. 81-1508.)
4 (105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
5 Sec. 10-23.5. Educational support personnel employees.
6 To employ such educational support personnel employees as it
7 deems advisable and to define their employment duties;
8 provided that residency within any school district shall not
9 be considered in determining the employment or the
10 compensation of any such employee, or whether to retain,
11 promote, assign or transfer such employee. If an educational
12 support personnel employee is removed or dismissed as a
13 result of a decision of the school board to decrease the
14 number of educational support personnel employees employed by
15 the board or to discontinue some particular type of
16 educational support service, written notice shall be mailed
17 to the employee and also given the employee either by
18 certified mail, return receipt requested or personal delivery
19 with receipt at least 30 60 days before the end of the school
20 term, together with a statement of honorable dismissal and
21 the reason therefor. The employee with the shorter length of
22 continuing service with the district, within the respective
23 category of position, shall be dismissed first unless an
24 alternative method of determining the sequence of dismissal
25 is established in a collective bargaining agreement or
26 contract between the board and any exclusive bargaining agent
27 and except that this provision shall not impair the operation
28 of any affirmative action program in the district, regardless
29 of whether it exists by operation of law or is conducted on a
30 voluntary basis by the board. If the board has any vacancies
31 for the following school term or within one calendar year
32 from the beginning of the following school term, the
33 positions thereby becoming available within a specific
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1 category of position shall be tendered to the employees so
2 removed or dismissed from that category of position, so far
3 as they are qualified to hold such positions. Each board
4 shall, in consultation with any exclusive employee
5 representative or bargaining agent, each year establish a
6 list, categorized by positions, showing the length of
7 continuing service of each full time educational support
8 personnel employee who is qualified to hold any such
9 positions, unless an alternative method of determining a
10 sequence of dismissal is established as provided for in this
11 Section, in which case a list shall be made in accordance
12 with the alternative method. Copies of the list shall be
13 distributed to the exclusive employee representative or
14 bargaining agent on or before February 1 of each year. Where
15 an educational support personnel employee is dismissed by the
16 board as a result of a decrease in the number of employees or
17 the discontinuance of the employee's job, the employee shall
18 be paid all earned compensation on or before the third
19 business day following his or her last day of employment.
20 The provisions of this amendatory Act of 1986 relating to
21 residency within any school district shall not apply to
22 cities having a population exceeding 500,000 inhabitants.
23 (Source: P.A. 89-618, eff. 8-9-96.)
24 (105 ILCS 5/10-23.8) (from Ch. 122, par. 10-23.8)
25 Sec. 10-23.8. Superintendent under multi-year contract.
26 To employ a superintendent under a multi-year contract for a
27 period not exceeding 5 years. A multi-year contract No such
28 contract can be offered or accepted for less than or more
29 than three years, except for a person serving as
30 superintendent for the first time in Illinois. In such case,
31 the initial contract shall be for a two year period. Such
32 contract may be discontinued at any time by mutual agreement
33 of the contracting parties and, or may be extended for an
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1 additional 3 years at the end of any year.
2 The contract year is July 1 through the following June
3 30, unless the contract specifically provides otherwise.
4 Multi-year contracts may contain components that tie the
5 superintendent's compensation to improvements in student
6 performance or other measures that may be specified in the
7 contract. Notice of intent not to renew the contract must be
8 given by the board or by the superintendent by April 1 of the
9 year in which the contract expires, unless the contract
10 specifically provides otherwise. Failure to do so will
11 automatically extend the contract for 1 additional year. The
12 provisions of this paragraph shall not apply to a district
13 under a Financial Oversight Panel pursuant to Section 1A-8
14 for violating a financial plan.
15 Notice of intent not to renew a contract when given by a
16 board must be in writing, stating the specific reason
17 therefor. Within 10 days after receipt of such notice of
18 intent not to renew a contract, the superintendent may
19 request a closed session hearing on the dismissal. At the
20 hearing the superintendent has the privilege of presenting
21 evidence, witnesses and defenses on the grounds for
22 dismissal. The provisions of this paragraph shall not apply
23 to a district under a Financial Oversight Panel pursuant to
24 Section 1A-8 for violating a financial plan.
25 By accepting the terms of a multi-year contract, the
26 superintendent waives all rights granted him or her under
27 Sections 24-11 through 24-16 of this Act for the duration of
28 his or her employment as superintendent in the district.
29 (Source: P.A. 89-572, eff. 7-30-96.)
30 (105 ILCS 5/10-23.8a) (from Ch. 122, par. 10-23.8a)
31 Sec. 10-23.8a. Principal and other administrators under
32 multi-year contract. To employ a principal or any other
33 administrator under a multi-year contract for a period not to
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1 exceed 5 years. A multi-year No such contract can be offered
2 or accepted for less than or more than 3 years, except for a
3 person serving as principal for the first time in Illinois.
4 In such case, the initial contract shall be for a 2 year
5 period. Such contract may be discontinued at any time by
6 mutual agreement of the contracting parties and, or may be
7 extended for an additional 3 years at the end of any year.
8 The contract year is July 1 through the following June
9 30, unless the contract specifically provides otherwise.
10 Notice of intent not to renew the contract must be given by
11 the board or by the principal at least 90 days before the
12 contract expires. Failure to do so will automatically extend
13 the contract for 1 additional year. If offered by a school
14 board, each individual principal shall have the option to
15 accept or refuse a multi-year contract. The provisions of
16 this paragraph shall not apply to a district under a
17 Financial Oversight Panel pursuant to Section 1A-8 for
18 violating a financial plan.
19 By accepting the terms of a multi-year contract, the
20 principal or administrator waives all rights granted him or
21 her under Sections 24-11 through 24-16 of this Act for the
22 duration of his or her employment as principal or
23 administrator in the district.
24 (Source: P.A. 89-572, eff. 7-30-96.)
25 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
26 Sec. 18-8. Basis for apportionment to districts,
27 laboratory schools and alternative schools.
28 A. The amounts to be apportioned shall be determined for
29 each educational service region by school districts, as
30 follows:
31 1. General Provisions.
32 (a) In the computation of the amounts to be apportioned,
33 the average daily attendance of all pupils in grades 9
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1 through 12 shall be multiplied by 1.25. The average daily
2 attendance of all pupils in grades 7 and 8 shall be
3 multiplied by 1.05.
4 (b) The actual number of pupils in average daily
5 attendance shall be computed in a one-teacher school district
6 by dividing the total aggregate days of pupil attendance by
7 the actual number of days school is in session but not more
8 than 30 such pupils shall be accredited for such type of
9 district; and in districts of 2 or more teachers, or in
10 districts where records of attendance are kept by session
11 teachers, by taking the sum of the respective averages of the
12 units composing the group.
13 (c) Pupils in average daily attendance shall be computed
14 upon the average of the best 3 months of pupils attendance of
15 the current school year except as district claims may be
16 later amended as provided hereinafter in this Section.
17 However, for any school district maintaining grades
18 kindergarten through 12, the "average daily attendance" shall
19 be computed on the average of the best 3 months of pupils
20 attendance of the current year in grades kindergarten through
21 8, added together with the average of the best 3 months of
22 pupils attendance of the current year in grades 9 through 12,
23 except as district claims may be later amended as provided in
24 this Section. Days of attendance shall be kept by regular
25 calendar months, except any days of attendance in August
26 shall be added to the month of September and any days of
27 attendance in June shall be added to the month of May.
28 Except as otherwise provided in this Section, days of
29 attendance by pupils shall be counted only for sessions of
30 not less than 5 clock hours of school work per day under
31 direct supervision of: (i) teachers, or (ii) non-teaching
32 personnel or volunteer personnel when engaging in
33 non-teaching duties and supervising in those instances
34 specified in subsection (a) of Section 10-22.34 and paragraph
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1 10 of Section 34-18, with pupils of legal school age and in
2 kindergarten and grades 1 through 12.
3 (d) Pupils regularly enrolled in a public school for
4 only a part of the school day may be counted on the basis of
5 1/6 day for every class hour of instruction of 40 minutes or
6 more attended pursuant to such enrollment.
7 (e) Days of attendance may be less than 5 clock hours on
8 the opening and closing of the school term, and upon the
9 first day of pupil attendance, if preceded by a day or days
10 utilized as an institute or teachers' workshop.
11 (f) A session of 4 or more clock hours may be counted as
12 a day of attendance upon certification by the regional
13 superintendent, and approved by the State Superintendent of
14 Education to the extent that the district has been forced to
15 use daily multiple sessions.
16 (g) A session of 3 or more clock hours may be counted as
17 a day of attendance (1) when the remainder of the school day
18 or at least 2 hours in the evening of that day is utilized
19 for an in-service training program for teachers, up to a
20 maximum of 5 days per school year of which a maximum of 4
21 days of such 5 days may be used for parent-teacher
22 conferences, provided a district conducts an in-service
23 training program for teachers which has been approved by the
24 State Superintendent of Education; or, in lieu of 4 such
25 days, 2 full days may be used, in which event each such day
26 may be counted as a day of attendance; and (2) when days in
27 addition to those provided in item (1) are scheduled by a
28 school pursuant to its school improvement plan adopted under
29 Article 34 or its revised or amended school improvement plan
30 adopted under Article 2, provided that (i) such sessions of 3
31 or more clock hours are scheduled to occur at regular
32 intervals, (ii) the remainder of the school days in which
33 such sessions occur are utilized for in-service training
34 programs or other staff development activities for teachers,
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1 and (iii) a sufficient number of minutes of school work under
2 the direct supervision of teachers are added to the school
3 days between such regularly scheduled sessions to accumulate
4 not less than the number of minutes by which such sessions of
5 3 or more clock hours fall short of 5 clock hours. Any full
6 days used for the purposes of this paragraph shall not be
7 considered for computing average daily attendance. Days
8 scheduled for in-service training programs, staff development
9 activities, or parent-teacher conferences may be scheduled
10 separately for different grade levels and different
11 attendance centers of the district.
12 (h) A session of not less than one clock hour teaching
13 of hospitalized or homebound pupils on-site or by telephone
14 to the classroom may be counted as 1/2 day of attendance,
15 however these pupils must receive 4 or more clock hours of
16 instruction to be counted for a full day of attendance.
17 (i) A session of at least 4 clock hours may be counted
18 as a day of attendance for first grade pupils, and pupils in
19 full day kindergartens, and a session of 2 or more hours may
20 be counted as 1/2 day of attendance by pupils in
21 kindergartens which provide only 1/2 day of attendance.
22 (j) For children with disabilities who are below the age
23 of 6 years and who cannot attend two or more clock hours
24 because of their disability or immaturity, a session of not
25 less than one clock hour may be counted as 1/2 day of
26 attendance; however for such children whose educational needs
27 so require a session of 4 or more clock hours may be counted
28 as a full day of attendance.
29 (k) A recognized kindergarten which provides for only
30 1/2 day of attendance by each pupil shall not have more than
31 1/2 day of attendance counted in any 1 day. However,
32 kindergartens may count 2 1/2 days of attendance in any 5
33 consecutive school days. Where a pupil attends such a
34 kindergarten for 2 half days on any one school day, such
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1 pupil shall have the following day as a day absent from
2 school, unless the school district obtains permission in
3 writing from the State Superintendent of Education.
4 Attendance at kindergartens which provide for a full day of
5 attendance by each pupil shall be counted the same as
6 attendance by first grade pupils. Only the first year of
7 attendance in one kindergarten shall be counted except in
8 case of children who entered the kindergarten in their fifth
9 year whose educational development requires a second year of
10 kindergarten as determined under the rules and regulations of
11 the State Board of Education.
12 (l) Days of attendance by tuition pupils shall be
13 accredited only to the districts that pay the tuition to a
14 recognized school.
15 (m) The greater of the immediately preceding year's
16 weighted average daily attendance or the average of the
17 weighted average daily attendance of the immediately
18 preceding year and the previous 2 years shall be used.
19 For any school year beginning July 1, 1986 or thereafter,
20 if the weighted average daily attendance in either grades
21 kindergarten through 8 or grades 9 through 12 of a district
22 as computed for the first calendar month of the current
23 school year exceeds by more than 5%, but not less than 25
24 pupils, the district's weighted average daily attendance for
25 the first calendar month of the immediately preceding year
26 in, respectively, grades kindergarten through 8 or grades 9
27 through 12, a supplementary payment shall be made to the
28 district equal to the difference in the amount of aid the
29 district would be paid under this Section using the weighted
30 average daily attendance in the district as computed for the
31 first calendar month of the current school year and the
32 amount of aid the district would be paid using the weighted
33 average daily attendance in the district for the first
34 calendar month of the immediately preceding year. Such
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1 supplementary State aid payment shall be paid to the district
2 as provided in Section 18-8.4 and shall be treated as
3 separate from all other payments made pursuant to this
4 Section 18-8.
5 (n) The number of low income eligible pupils in a
6 district shall result in an increase in the weighted average
7 daily attendance calculated as follows: The number of low
8 income pupils shall increase the weighted ADA by .53 for each
9 student adjusted by dividing the percent of low income
10 eligible pupils in the district by the ratio of eligible low
11 income pupils in the State to the best 3 months' weighted
12 average daily attendance in the State. In no case may the
13 adjustment under this paragraph result in a greater weighting
14 than .625 for each eligible low income student. The number
15 of low income eligible pupils in a district shall be the
16 low-income eligible count from the most recently available
17 federal census and the weighted average daily attendance
18 shall be calculated in accordance with the other provisions
19 of this paragraph.
20 (o) Any school district which fails for any given school
21 year to maintain school as required by law, or to maintain a
22 recognized school is not eligible to file for such school
23 year any claim upon the common school fund. In case of
24 nonrecognition of one or more attendance centers in a school
25 district otherwise operating recognized schools, the claim of
26 the district shall be reduced in the proportion which the
27 average daily attendance in the attendance center or centers
28 bear to the average daily attendance in the school district.
29 A "recognized school" means any public school which meets the
30 standards as established for recognition by the State Board
31 of Education. A school district or attendance center not
32 having recognition status at the end of a school term is
33 entitled to receive State aid payments due upon a legal claim
34 which was filed while it was recognized.
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1 (p) School district claims filed under this Section are
2 subject to Sections 18-9, 18-10 and 18-12, except as herein
3 otherwise provided.
4 (q) The State Board of Education shall secure from the
5 Department of Revenue the value as equalized or assessed by
6 the Department of Revenue of all taxable property of every
7 school district together with the applicable tax rate used in
8 extending taxes for the funds of the district as of September
9 30 of the previous year. The Department of Revenue shall add
10 to the equalized assessed value of all taxable property of
11 each school district situated entirely or partially within a
12 county with 2,000,000 or more inhabitants an amount equal to
13 the total amount by which the homestead exemptions allowed
14 under Sections 15-170 and 15-175 of the Property Tax Code for
15 real property situated in that school district exceeds the
16 total amount that would have been allowed in that school
17 district as homestead exemptions under those Sections if the
18 maximum reduction under Section 15-170 of the Property Tax
19 Code was $2,000 and the maximum reduction under Section
20 15-175 of the Property Tax Code was $3,500. The county clerk
21 of any county with 2,000,000 or more inhabitants shall
22 annually calculate and certify to the Department for each
23 school district all homestead exemption amounts required by
24 this amendatory Act of 1992. In a new district which has not
25 had any tax rates yet determined for extension of taxes, a
26 leveled uniform rate shall be computed from the latest amount
27 of the fund taxes extended on the several areas within such
28 new district.
29 (r) If a school district operates a full year school
30 under Section 10-19.1, the general state aid to the school
31 district shall be determined by the State Board of Education
32 in accordance with this Section as near as may be applicable.
33 2. New or recomputed claim. The general State aid
34 entitlement for a newly created school district or a district
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1 which has annexed an entire school district shall be computed
2 using attendance, compensatory pupil counts, equalized
3 assessed valuation, and tax rate data which would have been
4 used had the district been in existence for 3 years. General
5 State aid entitlements shall not be recomputed except as
6 permitted herein.
7 3. Impaction. Impaction payments shall be made as
8 provided for in Section 18-4.2.
9 4. Summer school. Summer school payments shall be made
10 as provided in Section 18-4.3.
11 5. Computation of State aid. The State grant shall be
12 determined as follows:
13 (a) The State shall guarantee the amount of money that a
14 district's operating tax rate as limited in other Sections of
15 this Act would produce if every district maintaining grades
16 kindergarten through 12 had an equalized assessed valuation
17 equal to $74,791 per weighted ADA pupil; every district
18 maintaining grades kindergarten through 8 had an equalized
19 assessed valuation of $108,644 per weighted ADA pupil; and
20 every district maintaining grades 9 through 12 had an
21 equalized assessed valuation of $187,657 per weighted ADA
22 pupil. The State Board of Education shall adjust the
23 equalized assessed valuation amounts stated in this
24 paragraph, if necessary, to conform to the amount of the
25 appropriation approved for any fiscal year.
26 (b) The operating tax rate to be used shall consist of
27 all district taxes extended for all purposes except community
28 college educational purposes for the payment of tuition under
29 Section 6-1 of the Public Community College Act, Bond and
30 Interest, Summer School, Rent, Capital Improvement and
31 Vocational Education Building. Any district may elect to
32 exclude Transportation from the calculation of its operating
33 tax rate. Districts may include taxes extended for the
34 payment of principal and interest on bonds issued under the
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1 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
2 per year for each purpose or the actual rate extended,
3 whichever is less.
4 (c) For calculation of aid under this Act a district
5 shall use the combined authorized tax rates of all funds not
6 exempt in (b) above, not to exceed 2.76% of the value of all
7 its taxable property as equalized or assessed by the
8 Department of Revenue for districts maintaining grades
9 kindergarten through 12; 1.90% of the value of all its
10 taxable property as equalized or assessed by the Department
11 of Revenue for districts maintaining grades kindergarten
12 through 8 only; 1.10% of the value of all its taxable
13 property as equalized or assessed by the Department of
14 Revenue for districts maintaining grades 9 through 12 only.
15 A district may, however, as provided in Article 17, increase
16 its operating tax rate above the maximum rate provided in
17 this subsection without affecting the amount of State aid to
18 which it is entitled under this Act.
19 (d) (1) For districts maintaining grades kindergarten
20 through 12 with an operating tax rate as described in
21 subsections 5(b) and (c) of less than 2.18%, and districts
22 maintaining grades kindergarten through 8 with an operating
23 tax rate of less than 1.28%, State aid shall be computed by
24 multiplying the difference between the guaranteed equalized
25 assessed valuation per weighted ADA pupil in subsection 5(a)
26 and the equalized assessed valuation per weighted ADA pupil
27 in the district by the operating tax rate, multiplied by the
28 weighted average daily attendance of the district; provided,
29 however, that for the 1989-1990 school year only, a school
30 district maintaining grades kindergarten through 8 whose
31 operating tax rate with reference to which its general State
32 aid for the 1989-1990 school year is determined is less than
33 1.28% and more than 1.090%, and which had an operating tax
34 rate of 1.28% or more for the previous year, shall have its
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1 general State aid computed according to the provisions of
2 subsection 5(d)(2).
3 (2) For districts maintaining grades kindergarten
4 through 12 with an operating tax rate as described in
5 subsection 5(b) and (c) of 2.18% and above, the State aid
6 shall be computed as provided in subsection (d) (1) but as
7 though the district had an operating tax rate of 2.76%; in
8 K-8 districts with an operating tax rate of 1.28% and above,
9 the State aid shall be computed as provided in subsection (d)
10 (1) but as though the district had an operating tax rate of
11 1.90%; and in 9-12 districts, the State aid shall be computed
12 by multiplying the difference between the guaranteed
13 equalized assessed valuation per weighted average daily
14 attendance pupil in subsection 5(a) and the equalized
15 assessed valuation per weighted average daily attendance
16 pupil in the district by the operating tax rate, not to
17 exceed 1.10%, multiplied by the weighted average daily
18 attendance of the district. State aid computed under the
19 provisions of this subsection (d) (2) shall be treated as
20 separate from all other payments made pursuant to this
21 Section. The State Comptroller and State Treasurer shall
22 transfer from the General Revenue Fund to the Common School
23 Fund the amounts necessary to permit these claims to be paid
24 in equal installments along with other State aid payments
25 remaining to be made for the 1983-1984 school year under this
26 Section.
27 (3) For any school district whose 1995 equalized
28 assessed valuation is at least 6% less than its 1994
29 equalized assessed valuation as the result of a reduction in
30 the equalized assessed valuation of the taxable property
31 within such district of any one taxpayer whose taxable
32 property within the district has a 1994 equalized assessed
33 valuation constituting at least 20% of the 1994 equalized
34 assessed valuation of all taxable property within the
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1 district, the 1996-97 State aid of such district shall be
2 computed using its 1995 equalized assessed valuation.
3 (4) For any school district whose 1988 equalized
4 assessed valuation is 55% or less of its 1981 equalized
5 assessed valuation, the 1990-91 State aid of such district
6 shall be computed by multiplying the 1988 equalized assessed
7 valuation by a factor of .8. Any such school district which
8 is reorganized effective for the 1991-92 school year shall
9 use the formula provided in this subparagraph for purposes of
10 the calculation made pursuant to subsection (m) of this
11 Section.
12 (e) The amount of State aid shall be computed under the
13 provisions of subsections 5(a) through 5(d) provided the
14 equalized assessed valuation per weighted ADA pupil is less
15 than .87 of the amounts in subsection 5(a). If the equalized
16 assessed valuation per weighted ADA pupil is equal to or
17 greater than .87 of the amounts in subsection 5(a), the State
18 aid shall be computed under the provisions of subsection
19 5(f).
20 (f) If the equalized assessed valuation per weighted ADA
21 pupil is equal to or greater than .87 of the amounts in
22 subsection 5(a), the State aid per weighted ADA pupil shall
23 be computed by multiplying the product of .13 times the
24 maximum per pupil amount computed under the provisions of
25 subsections 5(a) through 5(d) by an amount equal to the
26 quotient of .87 times the equalized assessed valuation per
27 weighted ADA pupil in subsection 5(a) for that type of
28 district divided by the district equalized valuation per
29 weighted ADA pupil except in no case shall the district
30 receive State aid per weighted ADA pupil of less than .07
31 times the maximum per pupil amount computed under the
32 provisions of subsections 5(a) through 5(d).
33 (g) In addition to the above grants, summer school
34 grants shall be made based upon the calculation as provided
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1 in subsection 4 of this Section.
2 (h) The board of any district receiving any of the
3 grants provided for in this Section may apply those funds to
4 any fund so received for which that board is authorized to
5 make expenditures by law.
6 (i) (1) (a) In school districts with an average daily
7 attendance of 50,000 or more, the amount which is provided
8 under subsection 1(n) of this Section by the application of a
9 base Chapter 1 weighting factor of .375 shall be distributed
10 to the attendance centers within the district in proportion
11 to the number of pupils enrolled at each attendance center
12 who are eligible to receive free or reduced-price lunches or
13 breakfasts under the federal Child Nutrition Act of 1966 and
14 under the National School Lunch Act during the immediately
15 preceding school year. The amount of State aid provided
16 under subsection 1(n) of this Section by the application of
17 the Chapter 1 weighting factor in excess of .375 shall be
18 distributed to the attendance centers within the district in
19 proportion to the total enrollment at each attendance center.
20 Beginning with school year 1989-90, and each school year
21 thereafter, all funds provided under subsection 1 (n) of this
22 Section by the application of the Chapter 1 weighting factor
23 which are in excess of the level of non-targeted Chapter 1
24 funds in school year 1988-89 shall be distributed to
25 attendance centers, and only to attendance centers, within
26 the district in proportion to the number of pupils enrolled
27 at each attendance center who are eligible to receive free or
28 reduced price lunches or breakfasts under the Federal Child
29 Nutrition Act and under the National School Lunch Act during
30 the immediately preceding school year. Beginning in school
31 year 1989-90, 25% of the previously non-targeted Chapter 1
32 funds as established for school year 1988-89 shall also be
33 distributed to the attendance centers, and only to attendance
34 centers, in the district in proportion to the number of
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1 pupils enrolled at each attendance center who are eligible to
2 receive free or reduced price lunches or breakfasts under the
3 Federal Child Nutrition Act and under the National School
4 Lunch Act during the immediately preceding school year; in
5 school year 1990-91, 50% of the previously non-targeted
6 Chapter 1 funds as established for school year 1988-89 shall
7 be distributed to attendance centers, and only to attendance
8 centers, in the district in proportion to the number of
9 pupils enrolled at each attendance center who are eligible to
10 receive such free or reduced price lunches or breakfasts
11 during the immediately preceding school year; in school year
12 1991-92, 75% of the previously non-targeted Chapter 1 funds
13 as established for school year 1988-89 shall be distributed
14 to attendance centers, and only to attendance centers, in the
15 district in proportion to the number of pupils enrolled at
16 each attendance center who are eligible to receive such free
17 or reduced price lunches or breakfasts during the immediately
18 preceding school year; in school year 1992-93 and thereafter,
19 all funds provided under subsection 1 (n) of this Section by
20 the application of the Chapter 1 weighting factor shall be
21 distributed to attendance centers, and only to attendance
22 centers, in the district in proportion to the number of
23 pupils enrolled at each attendance center who are eligible to
24 receive free or reduced price lunches or breakfasts under the
25 Federal Child Nutrition Act and under the National School
26 Lunch Act during the immediately preceding school year;
27 provided, however, that the distribution formula in effect
28 beginning with school year 1989-90 shall not be applicable to
29 such portion of State aid provided under subsection 1 (n) of
30 this Section by the application of the Chapter 1 weighting
31 formula as is set aside and appropriated by the school
32 district for the purpose of providing desegregation programs
33 and related transportation to students (which portion shall
34 not exceed 5% of the total amount of State aid which is
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1 provided under subsection 1 (n) of this Section by
2 application of the Chapter 1 weighting formula), and the
3 relevant percentages shall be applied to the remaining
4 portion of such State aid. The distribution of these
5 portions of general State aid among attendance centers
6 according to these requirements shall not be compensated for
7 or contravened by adjustments of the total of other funds
8 appropriated to any attendance centers. (b) The Board of
9 Education shall utilize funding from one or several sources
10 in order to fully implement this provision annually prior to
11 the opening of school. The Board of Education shall apply
12 savings from reduced administrative costs required under
13 Section 34-43.1 and growth in non-Chapter 1 State and local
14 funds to assure that all attendance centers receive funding
15 to replace losses due to redistribution of Chapter 1 funding.
16 The distribution formula and funding to replace losses due to
17 the distribution formula shall occur, in full, using any and
18 all sources available, including, if necessary, revenue from
19 administrative reductions beyond those required in Section
20 34-43.1, in order to provide the necessary funds. (c) Each
21 attendance center shall be provided by the school district a
22 distribution of noncategorical funds and other categorical
23 funds to which an attendance center is entitled under law in
24 order that the State aid provided by application of the
25 Chapter 1 weighting factor and required to be distributed
26 among attendance centers according to the requirements of
27 this paragraph supplements rather than supplants the
28 noncategorical funds and other categorical funds provided by
29 the school district to the attendance centers.
30 Notwithstanding the foregoing provisions of this subsection
31 5(i)(1) or any other law to the contrary, beginning with the
32 1995-1996 school year and for each school year thereafter,
33 the board of a school district to which the provisions of
34 this subsection apply shall be required to allocate or
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1 provide to attendance centers of the district in any such
2 school year, from the State aid provided for the district
3 under this Section by application of the Chapter 1 weighting
4 factor, an aggregate amount of not less than $261,000,000 of
5 State Chapter 1 funds. Any State Chapter 1 funds that by
6 reason of the provisions of this paragraph are not required
7 to be allocated and provided to attendance centers may be
8 used and appropriated by the board of the district for any
9 lawful school purpose. Chapter 1 funds received by an
10 attendance center (except those funds set aside for
11 desegregation programs and related transportation to
12 students) shall be used on the schedule cited in this Section
13 at the attendance center at the discretion of the principal
14 and local school council for programs to improve educational
15 opportunities at qualifying schools through the following
16 programs and services: early childhood education, reduced
17 class size or improved adult to student classroom ratio,
18 enrichment programs, remedial assistance, attendance
19 improvement and other educationally beneficial expenditures
20 which supplement the regular and basic programs as determined
21 by the State Board of Education. Chapter 1 funds shall not
22 be expended for any political or lobbying purposes as defined
23 by board rule. (d) Each district subject to the provisions of
24 this paragraph shall submit an acceptable plan to meet the
25 educational needs of disadvantaged children, in compliance
26 with the requirements of this paragraph, to the State Board
27 of Education prior to July 15 of each year. This plan shall
28 be consistent with the decisions of local school councils
29 concerning the school expenditure plans developed in
30 accordance with part 4 of Section 34-2.3. The State Board
31 shall approve or reject the plan within 60 days after its
32 submission. If the plan is rejected the district shall give
33 written notice of intent to modify the plan within 15 days of
34 the notification of rejection and then submit a modified plan
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1 within 30 days after the date of the written notice of intent
2 to modify. Districts may amend approved plans pursuant to
3 rules promulgated by the State Board of Education.
4 Upon notification by the State Board of Education that
5 the district has not submitted a plan prior to July 15 or a
6 modified plan within the time period specified herein, the
7 State aid funds affected by said plan or modified plan shall
8 be withheld by the State Board of Education until a plan or
9 modified plan is submitted.
10 If the district fails to distribute State aid to
11 attendance centers in accordance with an approved plan, the
12 plan for the following year shall allocate funds, in addition
13 to the funds otherwise required by this subparagraph, to
14 those attendance centers which were underfunded during the
15 previous year in amounts equal to such underfunding.
16 For purposes of determining compliance with this
17 subsection in relation to Chapter 1 expenditures, each
18 district subject to the provisions of this subsection shall
19 submit as a separate document by December 1 of each year a
20 report of Chapter 1 expenditure data for the prior year in
21 addition to any modification of its current plan. If it is
22 determined that there has been a failure to comply with the
23 expenditure provisions of this subsection regarding
24 contravention or supplanting, the State Superintendent of
25 Education shall, within 60 days of receipt of the report,
26 notify the district and any affected local school council.
27 The district shall within 45 days of receipt of that
28 notification inform the State Superintendent of Education of
29 the remedial or corrective action to be taken, whether by
30 amendment of the current plan, if feasible, or by adjustment
31 in the plan for the following year. Failure to provide the
32 expenditure report or the notification of remedial or
33 corrective action in a timely manner shall result in a
34 withholding of the affected funds.
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1 The State Board of Education shall promulgate rules and
2 regulations to implement the provisions of this subsection
3 5(i)(1). No funds shall be released under subsection 1(n) of
4 this Section or under this subsection 5(i)(1) to any district
5 which has not submitted a plan which has been approved by the
6 State Board of Education.
7 (2) School districts with an average daily attendance of
8 more than 1,000 and less than 50,000 and having a low income
9 pupil weighting factor in excess of .53 shall submit a plan
10 to the State Board of Education prior to October 30 of each
11 year for the use of the funds resulting from the application
12 of subsection 1(n) of this Section for the improvement of
13 instruction in which priority is given to meeting the
14 education needs of disadvantaged children. Such plan shall
15 be submitted in accordance with rules and regulations
16 promulgated by the State Board of Education.
17 (j) For the purposes of calculating State aid under this
18 Section, with respect to any part of a school district within
19 a redevelopment project area in respect to which a
20 municipality has adopted tax increment allocation financing
21 pursuant to the Tax Increment Allocation Redevelopment Act,
22 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
23 Municipal Code or the Industrial Jobs Recovery Law, Sections
24 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
25 no part of the current equalized assessed valuation of real
26 property located in any such project area which is
27 attributable to an increase above the total initial equalized
28 assessed valuation of such property shall be used in
29 computing the equalized assessed valuation per weighted ADA
30 pupil in the district, until such time as all redevelopment
31 project costs have been paid, as provided in Section
32 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
33 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
34 For the purpose of computing the equalized assessed valuation
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1 per weighted ADA pupil in the district the total initial
2 equalized assessed valuation or the current equalized
3 assessed valuation, whichever is lower, shall be used until
4 such time as all redevelopment project costs have been paid.
5 (k) For a school district operating under the financial
6 supervision of an Authority created under Article 34A, the
7 State aid otherwise payable to that district under this
8 Section, other than State aid attributable to Chapter 1
9 students, shall be reduced by an amount equal to the budget
10 for the operations of the Authority as certified by the
11 Authority to the State Board of Education, and an amount
12 equal to such reduction shall be paid to the Authority
13 created for such district for its operating expenses in the
14 manner provided in Section 18-11. The remainder of State
15 school aid for any such district shall be paid in accordance
16 with Article 34A when that Article provides for a disposition
17 other than that provided by this Article.
18 (l) For purposes of calculating State aid under this
19 Section, the equalized assessed valuation for a school
20 district used to compute State aid shall be determined by
21 adding to the real property equalized assessed valuation for
22 the district an amount computed by dividing the amount of
23 money received by the district under the provisions of "An
24 Act in relation to the abolition of ad valorem personal
25 property tax and the replacement of revenues lost thereby",
26 certified August 14, 1979, by the total tax rate for the
27 district. For purposes of this subsection 1976 tax rates
28 shall be used for school districts in the county of Cook and
29 1977 tax rates shall be used for school districts in all
30 other counties.
31 (m) (1) For a new school district formed by combining
32 property included totally within 2 or more previously
33 existing school districts, for its first year of existence or
34 if the new district was formed after October 31, 1982 and
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1 prior to September 23, 1985, for the year immediately
2 following September 23, 1985, the State aid calculated under
3 this Section shall be computed for the new district and for
4 the previously existing districts for which property is
5 totally included within the new district. If the computation
6 on the basis of the previously existing districts is greater,
7 a supplementary payment equal to the difference shall be made
8 for the first 4 3 years of existence of the new district or
9 if the new district was formed after October 31, 1982 and
10 prior to September 23, 1985, for the 3 years immediately
11 following September 23, 1985.
12 (2) For a school district which annexes all of the
13 territory of one or more entire other school districts, for
14 the first year during which the change of boundaries
15 attributable to such annexation becomes effective for all
16 purposes as determined under Section 7-9 or 7A-8, the State
17 aid calculated under this Section shall be computed for the
18 annexing district as constituted after the annexation and for
19 the annexing and each annexed district as constituted prior
20 to the annexation; and if the computation on the basis of the
21 annexing and annexed districts as constituted prior to the
22 annexation is greater, a supplementary payment equal to the
23 difference shall be made for the first 4 3 years of existence
24 of the annexing school district as constituted upon such
25 annexation.
26 (3) For 2 or more school districts which annex all of
27 the territory of one or more entire other school districts,
28 and for 2 or more community unit districts which result upon
29 the division (pursuant to petition under Section 11A-2) of
30 one or more other unit school districts into 2 or more parts
31 and which together include all of the parts into which such
32 other unit school district or districts are so divided, for
33 the first year during which the change of boundaries
34 attributable to such annexation or division becomes effective
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1 for all purposes as determined under Section 7-9 or 11A-10,
2 as the case may be, the State aid calculated under this
3 Section shall be computed for each annexing or resulting
4 district as constituted after the annexation or division and
5 for each annexing and annexed district, or for each resulting
6 and divided district, as constituted prior to the annexation
7 or division; and if the aggregate of the State aid as so
8 computed for the annexing or resulting districts as
9 constituted after the annexation or division is less than the
10 aggregate of the State aid as so computed for the annexing
11 and annexed districts, or for the resulting and divided
12 districts, as constituted prior to the annexation or
13 division, then a supplementary payment equal to the
14 difference shall be made and allocated between or among the
15 annexing or resulting districts, as constituted upon such
16 annexation or division, for the first 4 3 years of their
17 existence. The total difference payment shall be allocated
18 between or among the annexing or resulting districts in the
19 same ratio as the pupil enrollment from that portion of the
20 annexed or divided district or districts which is annexed to
21 or included in each such annexing or resulting district bears
22 to the total pupil enrollment from the entire annexed or
23 divided district or districts, as such pupil enrollment is
24 determined for the school year last ending prior to the date
25 when the change of boundaries attributable to the annexation
26 or division becomes effective for all purposes. The amount
27 of the total difference payment and the amount thereof to be
28 allocated to the annexing or resulting districts shall be
29 computed by the State Board of Education on the basis of
30 pupil enrollment and other data which shall be certified to
31 the State Board of Education, on forms which it shall provide
32 for that purpose, by the regional superintendent of schools
33 for each educational service region in which the annexing and
34 annexed districts, or resulting and divided districts are
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1 located.
2 (4) If a unit school district annexes all the territory
3 of another unit school district effective for all purposes
4 pursuant to Section 7-9 on July 1, 1988, and if part of the
5 annexed territory is detached within 90 days after July 1,
6 1988, then the detachment shall be disregarded in computing
7 the supplementary State aid payments under this paragraph (m)
8 for the entire 3 year period and the supplementary State aid
9 payments shall not be diminished because of the detachment.
10 (5) Any supplementary State aid payment made under this
11 paragraph (m) shall be treated as separate from all other
12 payments made pursuant to this Section.
13 (n) For the purposes of calculating State aid under this
14 Section, the real property equalized assessed valuation for a
15 school district used to compute State aid shall be determined
16 by subtracting from the real property value as equalized or
17 assessed by the Department of Revenue for the district an
18 amount computed by dividing the amount of any abatement of
19 taxes under Section 18-170 of the Property Tax Code by the
20 maximum operating tax rates specified in subsection 5(c) of
21 this Section and an amount computed by dividing the amount of
22 any abatement of taxes under subsection (a) of Section 18-165
23 of the Property Tax Code by the maximum operating tax rates
24 specified in subsection 5(c) of this Section.
25 (o) Notwithstanding any other provisions of this
26 Section, for the 1996-1997 school year the amount of the
27 aggregate general State aid entitlement that is received
28 under this Section by each school district for that school
29 year shall be not less than the amount of the aggregate
30 general State aid entitlement that was received by the
31 district under this Section for the 1995-1996 school year. If
32 a school district is to receive an aggregate general State
33 aid entitlement under this Section for the 1996-1997 school
34 year that is less than the amount of the aggregate general
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1 State aid entitlement that the district received under this
2 Section for the 1995-1996 school year, the school district
3 shall also receive, from a separate appropriation made for
4 purposes of this paragraph (o), a supplementary payment that
5 is equal to the amount by which the general State aid
6 entitlement received by the district under this Section for
7 the 1995-1996 school year exceeds the general State aid
8 entitlement that the district is to receive under this
9 Section for the 1996-1997 school year. If the amount
10 appropriated for supplementary payments to school districts
11 under this paragraph (o) is insufficient for that purpose,
12 the supplementary payments that districts are to receive
13 under this paragraph shall be prorated according to the
14 aggregate amount of the appropriation made for purposes of
15 this paragraph.
16 (p) For the 1997-1998 school year, a supplemental
17 general State aid grant shall be provided for school
18 districts as follows:
19 (i) The general State aid received by a school
20 district under this Section for the 1997-1998 school
21 year, exclusive of the State aid provided for the
22 district for that school year by application of the
23 Chapter 1 weighting factor under subsection 1(n) of this
24 Section, shall be added to the sum of (A) the result
25 obtained by multiplying the 1995 equalized valuation of
26 all taxable property in the district by the district's
27 1995 operating tax rate as determined under subsection
28 5(b), plus (B) the aggregate corporate personal property
29 replacement revenues received by the district during the
30 1996-1997 school year;
31 (ii) The aggregate amount determined under item (i)
32 of this subsection 5(p) shall be divided by the average
33 of the best 3 months of pupil attendance in the district
34 for the 1996-1997 school year; and
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1 (iii) If the result obtained by dividing the
2 aggregate amount determined under item (i) of this
3 subsection 5(p) by the average of the best 3 months of
4 pupil attendance in the district as provided in item (ii)
5 of this subsection 5(p) is less than $4,050, the
6 supplemental general State aid grant that the district
7 shall receive under this subsection 5(p) for the
8 1997-1998 school year shall be equal to the amount
9 determined by subtracting from $4,050 the result obtained
10 by dividing the aggregate amount determined under item
11 (i) of this subsection by the average of the best 3
12 months of pupil attendance in the district as provided in
13 item (ii) of this subsection, and by multiplying that
14 difference by the average of the best 3 months of pupil
15 attendance in the district for the 1996-1997 school year.
16 (q) For the 1998-1999 school year, a supplemental
17 general State aid grant shall be provided for school
18 districts as follows:
19 (i) The general State aid received by a school
20 district under this Section for the 1998-1999 school
21 year, exclusive of the State aid provided for the
22 district for that school year by application of the
23 Chapter 1 weighting factor under subsection 1(n) of this
24 Section and exclusive of any supplemental general State
25 aid grant provided for the district for that school year
26 under subsection 5(p) of this Section, shall be added to
27 the sum of (A) the result obtained by multiplying the
28 1996 equalized valuation of all taxable property in the
29 district by the district's 1996 operating tax rate as
30 determined under subsection 5(b), plus (B) the aggregate
31 corporate personal property replacement revenues received
32 by the district during the 1997-1998 school year;
33 (ii) The aggregate amount determined under item (i)
34 of this subsection 5(q) shall be divided by the average
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1 of the best 3 months of pupil attendance in the district
2 for the 1997-1998 school year; and
3 (iii) If the result obtained by dividing the
4 aggregate amount determined under item (i) of this
5 subsection 5(q) by the average of the best 3 months of
6 pupil attendance in the district as provided in item (ii)
7 of this subsection 5(q) is less than $4,300, the
8 supplemental general State aid grant that the district
9 shall receive under this subsection 5(q) for the
10 1998-1999 school year shall be equal to the amount
11 determined by subtracting from $4,300 the result obtained
12 by dividing the aggregate amount determined under item
13 (i) of this subsection by the average of the best 3
14 months of pupil attendance in the district as provided in
15 item (ii) of this subsection, and by multiplying that
16 difference by the average of the best 3 months of pupil
17 attendance in the district for the 1997-1998 school year.
18 (r) For the purpose of calculating State aid under this
19 Section, the real property equalized assessed valuation for
20 any school district subject to the provisions of the Property
21 Tax Extension Limitation Law shall be multiplied by a
22 fraction the numerator of which is the total tax rate of the
23 district as extended by the county clerk and the denominator
24 of which is the total tax rate of the district that the
25 county clerk would have been authorized to extend if (i) the
26 Property Tax Extension Limitation Law did not apply, and (ii)
27 the district had levied at the maximum rates at which the
28 district was authorized by law to levy. The county clerk
29 shall certify both rates to the Department of Revenue. The
30 Department of Revenue shall provide these tax rates to the
31 State Board of Education together with the information
32 required to be provided by subsection 1(s) of Part A of this
33 Section.
34 (s) If as a result of the adjustment required to be made
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1 by subsection 5(r) of Part A of this Section to the real
2 property equalized assessed valuation of a school district
3 subject to the Property Tax Extension Limitation Law the
4 amount of State aid payable to that district under this
5 Section for any school year would, but for the provisions of
6 this subsection 5(s), be greater than the amount of State aid
7 payable to that district under this Section for that school
8 year had the real property equalized assessed valuation of
9 the district not been adjusted as required under subsection
10 5(r), a supplementary payment for that school year equal to
11 the difference in those amounts shall be made to the district
12 for that school year. If the moneys appropriated in a
13 separate line item by the General Assembly to the State Board
14 of Education for supplementary payments required to be made
15 and distributed to school districts for any school year under
16 this subsection 5(s) are insufficient, the amount of the
17 supplementary payments required to be made and distributed to
18 those school districts under this subsection 5(s) for that
19 school year shall abate proportionately.
20 (t) Notwithstanding any other provisions of this
21 Section, for the 1997-98 and 1998-99 school years the amount
22 of the aggregate general State aid entitlement that is
23 received under this Section by each school district for each
24 respective year, including any supplementary amounts provided
25 under subsections 5(p), 5(q), and 5(s) of this Section, shall
26 not be less than the amount of the aggregate general State
27 aid entitlement that was received by the district under this
28 Section for the 1996-97 school year, including any
29 supplementary amount provided under subsection 5(o). If a
30 school district is to receive an aggregate general State aid
31 entitlement under this Section for the 1997-98 or 1998-99
32 school year that is less than the amount of the aggregate
33 general State aid entitlement that the district received
34 under this Section for the 1996-97 school year, the school
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1 district shall also receive, from a separate appropriation
2 made for the purposes of this subsection 5(t), a
3 supplementary payment that is equal to the amount by which
4 the general State aid entitlement received by the district
5 under this Section for the 1996-97 school year exceeds the
6 general State aid entitlement that the district is to receive
7 under this Section for the 1997-98 or 1998-99 school year, as
8 the case may be. If the amount appropriated for
9 supplementary payments to school districts under this
10 subsection 5(t) for the 1997-98 or 1998-99 school year is
11 insufficient for that purpose, the supplementary payments
12 that districts are to receive under this subsection for that
13 school year shall be prorated according to the aggregate
14 amount of the appropriation made for purposes of this
15 subsection.
16 B. In calculating the amount to be paid to the governing
17 board of a public university that operates a laboratory
18 school under this Section or to any alternative school that
19 is operated by a regional superintendent, the State Board of
20 Education shall require by rule such reporting requirements
21 as it deems necessary.
22 As used in this Section, "laboratory school" means a
23 public school which is created and operated by a public
24 university and approved by the State Board of Education. The
25 governing board of a public university which receives funds
26 from the State Board under this subsection B may not increase
27 the number of students enrolled in its laboratory school from
28 a single district, if that district is already sending 50 or
29 more students, except under a mutual agreement between the
30 school board of a student's district of residence and the
31 university which operates the laboratory school. A
32 laboratory school may not have more than 1,000 students,
33 excluding students with disabilities in a special education
34 program.
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1 As used in this Section, "alternative school" means a
2 public school which is created and operated by a Regional
3 Superintendent of Schools and approved by the State Board of
4 Education. Such alternative schools may offer courses of
5 instruction for which credit is given in regular school
6 programs, courses to prepare students for the high school
7 equivalency testing program or vocational and occupational
8 training.
9 Each laboratory and alternative school shall file, on
10 forms provided by the State Superintendent of Education, an
11 annual State aid claim which states the average daily
12 attendance of the school's students by month. The best 3
13 months' average daily attendance shall be computed for each
14 school. The weighted average daily attendance shall be
15 computed and the weighted average daily attendance for the
16 school's most recent 3 year average shall be compared to the
17 most recent weighted average daily attendance, and the
18 greater of the 2 shall be used for the calculation under this
19 subsection B. The general State aid entitlement shall be
20 computed by multiplying the school's student count by the
21 foundation level as determined under this Section.
22 (Source: P.A. 88-9; 88-45; 88-89; 88-386; 88-511; 88-537;
23 88-555; 88-641; 88-670, eff. 12-2-94; 89-15, eff. 5-30-95;
24 89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 89-610, eff.
25 8-6-96; 89-618, eff. 8-9-96; 89-626, eff. 8-9-96; 89-679,
26 eff. 8-16-96; revised 9-10-96.)
27 (105 ILCS 5/18-8.2) (from Ch. 122, par. 18-8.2)
28 Sec. 18-8.2. Supplementary State aid for new and for
29 certain annexing districts.
30 (a) After the formation of a new district, a computation
31 shall be made to determine the difference between the
32 salaries effective in each of the previously existing
33 districts on June 30, prior to the creation of the new
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1 district. For the first 4 3 years after the formation of the
2 new district or if the new district was formed after October
3 31, 1982 and prior to the effective date of this amendatory
4 Act of 1985, for the 3 years immediately following such
5 effective date, a supplementary State aid reimbursement shall
6 be paid to the new district equal to the difference between
7 the sum of the salaries earned by each of the certificated
8 members of the new district while employed in one of the
9 previously existing districts during the year immediately
10 preceding the formation of the new district and the sum of
11 the salaries those certificated members would have been paid
12 during the year immediately prior to the formation of the new
13 district if placed on the salary schedule of the previously
14 existing district with the highest salary schedule.
15 (b) After the territory of one or more school districts
16 is annexed by one or more other school districts, or after
17 the division (pursuant to petition under Section 11A-2) of a
18 unit school district or districts into 2 or more parts which
19 all are included in 2 or more other community unit districts
20 resulting upon that division, a computation shall be made to
21 determine the difference between the salaries effective in
22 each such annexed or divided district and in the annexing or
23 resulting district or districts as they each were constituted
24 on June 30 preceding the date when the change of boundaries
25 attributable to such annexation or division became effective
26 for all purposes as determined under Section 7-9, 7A-8 or
27 11A-10. For the first 4 3 years after any such annexation or
28 division, a supplementary State aid reimbursement shall be
29 paid to each annexing or resulting district as constituted
30 after the annexation or division equal to the difference
31 between the sum of the salaries earned by each of the
32 certificated members of such annexing or resulting district
33 as constituted after the annexation or division while
34 employed in an annexed or annexing district, or in a divided
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1 or resulting district, during the year immediately preceding
2 the annexation or division, and the sum of the salaries those
3 certificated members would have been paid during such
4 immediately preceding year if placed on the salary schedule
5 of whichever of such annexing or annexed districts, or
6 resulting or divided districts, had the highest salary
7 schedule during such immediately preceding year.
8 (c) Such supplementary State aid reimbursement shall be
9 treated as separate from all other payments made pursuant to
10 Section 18-8. In the case of the formation of a new district,
11 reimbursement shall begin during the first year of operation
12 of the new district; and in the case of an annexation of the
13 territory of one or more school districts by one or more
14 other school districts, or the division (pursuant to petition
15 under Section 11A-2) of a unit school district or districts
16 into 2 or more parts which all are included in 2 or more
17 other community unit districts resulting upon that division,
18 reimbursement shall begin during the first year when the
19 change in boundaries attributable to such annexation or
20 division becomes effective for all purposes as determined
21 pursuant to Section 7-9, 7A-8 or 11A-10. Each year any such
22 new, annexing or resulting district, as the case may be, is
23 entitled to receive reimbursement, the number of eligible
24 certified members who are employed on October 1 in any such
25 district shall be certified to the State Board of Education
26 on prescribed forms by October 15 and payment shall be made
27 on or before November 15 of that year.
28 (d) If a unit school district annexes all the territory
29 of another unit school district effective for all purposes
30 pursuant to Section 7-9 on July 1, 1988, and if part of the
31 annexed territory is detached within 90 days after July 1,
32 1988, then the detachment shall be disregarded in computing
33 the supplementary State aid reimbursements under this Section
34 for the entire 3 year period and the supplementary State aid
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1 reimbursements shall not be diminished because of the
2 detachment.
3 (e) The changes made by this amendatory Act of 1989 are
4 intended to be retroactive and applicable to any annexation
5 taking effect after August 1, 1987.
6 (Source: P.A. 86-13; 86-1334.)
7 (105 ILCS 5/21-5c new)
8 Sec. 21-5c. Alternative route to teacher certification.
9 The State Board of Education, in consultation with the State
10 Teacher Certification Board, shall establish and implement an
11 alternative route to teacher certification program under
12 which persons who meet the requirements of and successfully
13 complete the program established by this Section shall be
14 issued a standard teaching certificate for teaching in
15 schools in this State. The program shall be limited to not
16 more than 1,000 new participants during each year that the
17 program is in effect. The State Board of Education, in
18 cooperation with one or more partnerships formed with
19 universities that offer 4-year baccalaureate and masters
20 degree programs and that are recognized teacher training
21 institutions as defined in Section 21-21 and one or more
22 not-for-profit organizations in the State that support
23 excellence in teaching, shall within 30 days after submission
24 by a partnership approve a course of study developed by the
25 partnership that persons in the program must successfully
26 complete in order to satisfy one criterion for issuance of a
27 certificate under this Section. The Alternative Route to
28 Teacher Certification program course of study must include
29 the current content and skills contained in the university's
30 current courses for State certification which have been
31 approved by the State Board of Education, in consultation
32 with the State Teacher Certification Board, as the
33 requirement for State teacher certification.
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1 The program established under this Section shall be known
2 as the Alternative Route to Teacher Certification program.
3 The program shall be offered by the submitting partnership
4 and may be offered in conjunction with one or more
5 not-for-profit organizations in the State. The program shall
6 be comprised of the following 3 phases: (a) a course of study
7 offered on an intensive basis in education theory,
8 instructional methods, and practice teaching; (b) the
9 person's assignment to a full-time teaching position for one
10 school year, including the designation of a mentor teacher to
11 advise and assist the person with that teaching assignment;
12 and (c) a comprehensive assessment of the person's teaching
13 performance by school officials and the partnership
14 participants and a recommendation by the partner institution
15 of higher education to the State Board of Education that the
16 person be issued a standard teaching certificate. Successful
17 completion of the Alternative Route to Teacher Certification
18 program shall be deemed to satisfy any other practice or
19 student teaching and subject matter requirements established
20 by law.
21 A provisional alternative teaching certificate, valid for
22 one year of teaching in the common schools and not renewable,
23 shall be issued under this Section 21-5c to persons who at
24 the time of applying for the provisional alternative teaching
25 certificate under this Section:
26 (1) have graduated from an accredited college or
27 university with a bachelor's degree;
28 (2) have been employed for a period of at least 5
29 years in an area requiring application of the
30 individual's education;
31 (3) have successfully completed the first phase of
32 the Alternative Teacher Certification program as provided
33 in this Section; and
34 (4) have passed the tests of basic skills and
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1 subject matter knowledge required by Section 21-1a.
2 An initial teaching certificate, valid for teaching in
3 the common schools and renewable as provided in Section
4 21-14, shall be issued under Sections 21-3 or 21-5 to persons
5 who first complete the requirements for the provisional
6 alternative teaching certificate and who at the time of
7 applying for a standard teaching certificate have
8 successfully completed the second and third phases of the
9 Alternative Route to Teacher Certification program as
10 provided in this Section.
11 A person possessing a provisional alternative certificate
12 or an initial teaching certificate earned under this Section
13 shall be treated as a regularly certified teacher for
14 purposes of compensation, benefits, and other terms and
15 conditions of employment afforded teachers in the school who
16 are members of a bargaining unit represented by an exclusive
17 bargaining representative, if any.
18 The State Board of Education may adopt rules and
19 regulations that are consistent with this Section and that
20 the State Board deems necessary to establish and implement
21 the program.
22 (105 ILCS 5/21-5d new)
23 Sec. 21-5d. Alternative route to administrative
24 certification. The State Board of Education, in consultation
25 with the State Teacher Certification Board, shall establish
26 and implement an alternative route to administrative
27 certification program under which persons who meet the
28 requirements of and successfully complete the program
29 established by this Section shall be issued a standard
30 administrative certificate for serving as a superintendent in
31 schools in this State. The State Board of Education shall
32 approve a course of study that persons in the program must
33 successfully complete in order to satisfy one criterion for
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1 issuance of a certificate under this Section. The
2 Alternative Route to Administrative Certification program
3 course of study must include the current content and skills
4 contained in the university's current courses for State
5 certification which have been approved by the State Board of
6 Education, in consultation with the State Teacher
7 Certification Board, as the requirement for administrative
8 certification.
9 The program established under this Section shall be known
10 as the Alternative Route to Administrative Certification
11 program. The program shall be comprised of the following 3
12 phases: (a) a course of study offered on an intensive basis
13 in education management, governance, organization, and
14 planning; (b) the person's assignment to a full-time position
15 for one school year as a superintendent; and (c) a
16 comprehensive assessment of the person's performance by
17 school officials and a recommendation to the State Board of
18 Education that the person be issued a standard administrative
19 certificate. Successful completion of the Alternative Route
20 to Administrative Certification program shall be deemed to
21 satisfy any other supervisory, administrative, or management
22 experience requirements established by law.
23 A provisional alternative administrative certificate,
24 valid for one year of serving as a superintendent in the
25 common schools and not renewable, shall be issued under this
26 Section 21-5d to persons who at the time of applying for the
27 provisional alternative administrative certificate under this
28 Section:
29 (1) have graduated from an accredited college or
30 university with a master's degree in a management field;
31 (2) have been employed for a period of at least 5
32 years in a management level position;
33 (3) have successfully completed the first phase of
34 the Alternative Route to Administrative Certification
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1 program as provided in this Section; and
2 (4) have passed any examination required by the
3 State Board of Education.
4 A standard administrative certificate with a
5 superintendent endorsement, renewable as provided in Section
6 21-14, shall be issued under Section 21-7.1 to persons who
7 first complete the requirements for the provisional
8 alternative administrative certificate and who at the time of
9 applying for a standard administrative certificate have
10 successfully completed the second and third phases of the
11 Alternative Route to Administrative Certification program as
12 provided in this Section.
13 The State Board of Education may adopt rules and
14 regulations that are consistent with this Section and that
15 the State Board deems necessary to establish and implement
16 the program.
17 (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
18 Sec. 24-11. Boards of Education - Boards of School
19 Inspectors - Contractual continued service. As used in this
20 and the succeeding Sections of this Article:,
21 "Teacher" means any or all school district employees
22 regularly required to be certified under laws relating to the
23 certification of teachers.,
24 "Board" means board of directors, board of education, or
25 board of school inspectors, as the case may be., and
26 "School term" means that portion of the school year, July
27 1 to the following June 30, when school is in actual session.
28 This Section and Sections 24-12 through 24-16 of this
29 Article apply only to school districts having less than
30 500,000 inhabitants.
31 Any teacher who has been employed in any district as a
32 full-time teacher for a probationary period of 2 consecutive
33 school terms shall enter upon contractual continued service
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1 unless given written notice of dismissal stating the specific
2 reason therefor, by certified mail, return receipt requested
3 by the employing board at least 30 60 days before the end of
4 such period; except that for a teacher who is first employed
5 by a school district on or after July 1, 1997 and who has not
6 before that date already entered upon contractual continued
7 service in that district, the probationary period shall be 4
8 consecutive school terms before the teacher shall enter upon
9 contractual continued service. For the purpose of determining
10 contractual continued service, the first probationary year
11 shall be any full-time employment from a date before November
12 1 through the end of the school year. If, however, a teacher
13 has not had one school term of full-time teaching experience
14 before the beginning of such probationary period, the
15 employing board may at its option extend such probationary
16 period for one additional school term by giving the teacher
17 written notice by certified mail, return receipt requested at
18 least 60 days before the end of the second school term of the
19 period of 2 consecutive school terms referred to above. Such
20 notice must state the reasons for the one year extension and
21 must outline the corrective actions which the teacher should
22 take to satisfactorily complete probation.
23 Any full-time teacher who is not completing the last
24 first year of the probationary period described in the
25 preceding paragraph, or any teacher employed on a full-time
26 basis not later than January 1 of the school term, shall
27 receive written notice from the employing board at least 30
28 60 days before the end of any school term whether or not he
29 will be re-employed for the following school term. If the
30 board fails to give such notice, the employee shall be deemed
31 reemployed, and not later than the close of the then current
32 school term the board shall issue a regular contract to the
33 employee as though the board had reemployed him in the usual
34 manner.
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1 Contractual continued service shall continue in effect
2 the terms and provisions of the contract with the teacher
3 during the last school term of the probationary period,
4 subject to this Act and the lawful regulations of the
5 employing board. This Section and succeeding Sections do not
6 modify any existing power of the board except with respect to
7 the procedure of the discharge of a teacher and reductions in
8 salary as hereinafter provided. Contractual continued service
9 status shall not restrict the power of the board to transfer
10 a teacher to a position which the teacher is qualified to
11 fill or to make such salary adjustments as it deems
12 desirable, but unless reductions in salary are uniform or
13 based upon some reasonable classification, any teacher whose
14 salary is reduced shall be entitled to a notice and a hearing
15 as hereinafter provided in the case of certain dismissals or
16 removals.
17 The employment of any teacher in a program of a special
18 education joint agreement established under Section 3-15.14,
19 10-22.31 or 10-22.31a shall be under this and succeeding
20 Sections of this Article. For purposes of attaining and
21 maintaining contractual continued service and computing
22 length of continuing service as referred to in this Section
23 and Section 24-12, employment in a special educational joint
24 program shall be deemed a continuation of all previous
25 certificated employment of such teacher for such joint
26 agreement whether the employer of the teacher was the joint
27 agreement, the regional superintendent, or one of the
28 participating districts in the joint agreement.
29 Any teacher employed after July 1, 1987 as a full-time
30 teacher in a program of a special education joint agreement,
31 whether the program is operated by the joint agreement or a
32 member district on behalf of the joint agreement, for a
33 probationary period of two consecutive years shall enter upon
34 contractual continued service in all of the programs
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1 conducted by such joint agreement which the teacher is
2 legally qualified to hold; except that for a teacher who is
3 first employed on or after July 1, 1997 in a program of a
4 special education joint agreement and who has not before that
5 date already entered upon contractual continued service in
6 all of the programs conducted by the joint agreement that the
7 teacher is legally qualified to hold, the probationary period
8 shall be 4 consecutive years before the teacher enters upon
9 contractual continued service in all of those programs. In
10 the event of a reduction in the number of programs or
11 positions in the joint agreement, the teacher on contractual
12 continued service shall be eligible for employment in the
13 joint agreement programs for which the teacher is legally
14 qualified in order of greater length of continuing service in
15 the joint agreement unless an alternative method of
16 determining the sequence of dismissal is established in a
17 collective bargaining agreement. In the event of the
18 dissolution of a joint agreement, the teacher on contractual
19 continued service who is legally qualified shall be assigned
20 to any comparable position in a member district currently
21 held by a teacher who has not entered upon contractual
22 continued service or held by a teacher who has entered upon
23 contractual continued service with shorter length of
24 contractual continued service.
25 The governing board of the joint agreement, or the
26 administrative district, if so authorized by the articles of
27 agreement of the joint agreement, rather than the board of
28 education of a school district, may carry out employment and
29 termination actions including dismissals under this Section
30 and Section 24-12.
31 For purposes of this and succeeding Sections of this
32 Article, a program of a special educational joint agreement
33 shall be defined as instructional, consultative, supervisory,
34 administrative, diagnostic, and related services which are
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1 managed by the special educational joint agreement designed
2 to service two or more districts which are members of the
3 joint agreement.
4 Each joint agreement shall be required to post by
5 February 1, a list of all its employees in order of length of
6 continuing service in the joint agreement, unless an
7 alternative method of determining a sequence of dismissal is
8 established in an applicable collective bargaining agreement.
9 The employment of any teacher in a special education
10 program authorized by Section 14-1.01 through 14-14.01, or a
11 joint educational program established under Section
12 10-22.31a, shall be under this and the succeeding Sections of
13 this Article, and such employment shall be deemed a
14 continuation of the previous employment of such teacher in
15 any of the participating districts, regardless of the
16 participation of other districts in the program. Any teacher
17 employed as a full-time teacher in a special education
18 program prior to September 23, 1987 in which 2 or more school
19 districts participate for a probationary period of 2
20 consecutive years shall enter upon contractual continued
21 service in each of the participating districts, subject to
22 this and the succeeding Sections of this Article, and in the
23 event of the termination of the program shall be eligible for
24 any vacant position in any of such districts for which such
25 teacher is qualified.
26 (Source: P.A. 85-1163; 85-1209; 85-1440.)
27 (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
28 Sec. 24-12. Removal or dismissal of teachers in
29 contractual continued service. If a teacher in contractual
30 continued service is removed or dismissed as a result of a
31 decision of the board to decrease the number of teachers
32 employed by the board or to discontinue some particular type
33 of teaching service, written notice shall be mailed to the
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1 teacher and also given the teacher either by certified mail,
2 return receipt requested or personal delivery with receipt at
3 least 30 60 days before the end of the school term, together
4 with a statement of honorable dismissal and the reason
5 therefor, and in all such cases the board shall first remove
6 or dismiss all teachers who have not entered upon contractual
7 continued service before removing or dismissing any teacher
8 who has entered upon contractual continued service and who is
9 legally qualified to hold a position currently held by a
10 teacher who has not entered upon contractual continued
11 service. As between teachers who have entered upon
12 contractual continued service, the teacher or teachers with
13 the shorter length of continuing service with the district
14 shall be dismissed first unless an alternative method of
15 determining the sequence of dismissal is established in a
16 collective bargaining agreement or contract between the board
17 and a professional faculty members' organization and except
18 that this provision shall not impair the operation of any
19 affirmative action program in the district, regardless of
20 whether it exists by operation of law or is conducted on a
21 voluntary basis by the board. Any teacher dismissed as a
22 result of such decrease or discontinuance shall be paid all
23 earned compensation on or before the third business day
24 following the last day of pupil attendance in the regular
25 school term. If the board has any vacancies for the
26 following school term or within one calendar year from the
27 beginning of the following school term, the positions thereby
28 becoming available shall be tendered to the teachers so
29 removed or dismissed so far as they are legally qualified to
30 hold such positions; provided, however, that if the number of
31 honorable dismissal notices based on economic necessity
32 exceeds 15% of the number of full time equivalent positions
33 filled by certified employees (excluding principals and
34 administrative personnel) during the preceding school year,
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1 then if the board has any vacancies for the following school
2 term or within 2 calendar years from the beginning of the
3 following school term, the positions so becoming available
4 shall be tendered to the teachers who were so notified and
5 removed or dismissed whenever they are legally qualified to
6 hold such positions. Each board shall, in consultation with
7 any exclusive employee representatives, each year establish a
8 list, categorized by positions, showing the length of
9 continuing service of each teacher who is qualified to hold
10 any such positions, unless an alternative method of
11 determining a sequence of dismissal is established as
12 provided for in this Section, in which case a list shall be
13 made in accordance with the alternative method. Copies of
14 the list shall be distributed to the exclusive employee
15 representative on or before February 1 of each year.
16 Whenever the number of honorable dismissal notices based upon
17 economic necessity exceeds 5, or 150% of the average number
18 of teachers honorably dismissed in the preceding 3 years,
19 whichever is more, then the board also shall hold a public
20 hearing on the question of the dismissals. Following the
21 hearing and board review the action to approve any such
22 reduction shall require a majority vote of the board members.
23 If a dismissal or removal is sought for any other reason
24 or cause, including those under Section 10-22.4, the board
25 must first approve a motion containing specific charges by a
26 majority vote of all its members. Written notice of such
27 charges shall be served upon the teacher within 5 days of the
28 adoption of the motion. Such notice shall contain a bill of
29 particulars. No hearing upon the charges is required unless
30 the teacher within 10 days after receiving notice requests in
31 writing of the board that a hearing be scheduled, in which
32 case the board shall schedule a hearing on those charges
33 before a disinterested hearing officer on a date no less than
34 15 nor more than 30 days after the enactment of the motion.
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1 The secretary of the school board shall forward a copy of the
2 notice to the State Board of Education. Within 5 days after
3 receiving this notice of hearing, the State Board of
4 Education shall provide a list of 5 prospective, impartial
5 hearing officers. Each person on the list must be accredited
6 by a national arbitration organization, and have had a
7 minimum of 5 years experience as an arbitrator directly
8 related to labor and employment relations matters between
9 educational employers and educational employees or their
10 exclusive bargaining representatives. No one on the list may
11 be a resident of the school district. The board and the
12 teacher or their legal representatives within 3 days shall
13 alternately strike one name from the list until only one name
14 remains. Unless waived by the teacher, the teacher shall
15 have the right to proceed first with the striking. Within 3
16 days of receipt of the first list provided by the State Board
17 of Education, the board and the teacher or their legal
18 representatives shall each have the right to reject all
19 prospective hearing officers named on the first list and to
20 require the State Board of Education to provide a second list
21 of 5 prospective, impartial hearing officers, none of whom
22 were named on the first list. Within 5 days after receiving
23 this request for a second list, the State Board of Education
24 shall provide the second list of 5 prospective, impartial
25 hearing officers. The procedure for selecting a hearing
26 officer from the second list shall be the same as the
27 procedure for the first list. In the alternative to
28 selecting a hearing officer from the first or second list
29 received from the State Board of Education, the board and the
30 teacher or their legal representatives may mutually agree to
31 select an impartial hearing officer who is not on a list
32 received from the State Board of Education either by direct
33 appointment by the parties or by using procedures for the
34 appointment of an arbitrator established by the Federal
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1 Mediation and Conciliation Service or the American
2 Arbitration Association. The parties shall notify the State
3 Board of Education of their intent to select a hearing
4 officer using an alternative procedure within 3 days of
5 receipt of a list of prospective hearing officers provided by
6 the State Board of Education. Any person selected by the
7 parties under this alternative procedure for the selection of
8 a hearing officer shall not be a resident of the school
9 district and shall have the same qualifications and authority
10 as a hearing officer selected from a list provided by the
11 State Board of Education. The State Board of Education shall
12 promulgate uniform standards and rules of procedure for such
13 hearings. As to prehearing discovery, such rules and
14 regulations shall, at a minimum, allow for: (1) discovery of
15 names and addresses of persons who may be called as expert
16 witnesses at the hearing, the omission of any such name to
17 result in a preclusion of the testimony of such witness in
18 the absence of a showing of good cause and the express
19 permission of the hearing officer; (2) bills of particulars;
20 (3) written interrogatories; and (4) production of relevant
21 documents. The per diem allowance for the hearing officer
22 shall be determined and paid by the State Board of Education
23 and may not exceed $300. The hearing officer shall hold a
24 hearing and render a final decision. The hearing shall be
25 public at the request of either the teacher or the board.
26 The teacher has the privilege of being present at the hearing
27 with counsel and of cross-examining witnesses and may offer
28 evidence and witnesses and present defenses to the charges.
29 The hearing officer may issue subpoenas and subpoenas duces
30 tecum requiring the attendance of witnesses and, at the
31 request of the teacher against whom a charge is made or the
32 board, shall issue such subpoenas, but the hearing officer
33 may limit the number of witnesses to be subpoenaed in behalf
34 of the teacher or the board to not more than 10. All
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1 testimony at the hearing shall be taken under oath
2 administered by the hearing officer. The hearing officer
3 shall cause a record of the proceedings to be kept and shall
4 employ a competent reporter to take stenographic or stenotype
5 notes of all the testimony. The costs of the reporter's
6 attendance and services at the hearing shall be paid by the
7 State Board of Education. Either party desiring a transcript
8 of the hearing shall pay for the cost thereof. If in the
9 opinion of the board the interests of the school require it,
10 the board may suspend the teacher pending the hearing, but if
11 acquitted the teacher shall not suffer the loss of any salary
12 by reason of the suspension.
13 Before setting a hearing on charges stemming from conduct
14 causes that is are considered remediable, a board must give
15 the teacher reasonable warning in writing, stating
16 specifically the conduct causes which, if not remediated
17 removed, may result in charges; however, no such written
18 warning shall be required if the conduct has causes have been
19 the subject of a remediation plan pursuant to Article 24A.
20 The hearing officer shall consider and give weight to all of
21 the teacher's evaluations written pursuant to Article 24A.
22 The hearing officer shall, with reasonable dispatch, make a
23 decision as to whether or not the teacher shall be dismissed
24 and shall give a copy of the decision to both the teacher and
25 the school board. If the hearing officer fails to render a
26 decision within 30 days, the State Board of Education shall
27 communicate with the hearing officer to determine the date
28 that the parties can reasonably expect to receive the
29 decision. The State Board of Education shall provide copies
30 of all such communications to the parties. In the event the
31 hearing officer fails without good cause to make a decision
32 within the 30-day period, the name of such hearing officer
33 shall be struck for a period of not more than 24 months from
34 the master list of hearing officers maintained by the State
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1 Board of Education. If a hearing officer fails without good
2 cause to render a decision within 3 months after the hearing
3 is concluded or the record is closed, whichever is later, the
4 State Board of Education shall provide the parties with a new
5 list of prospective, impartial hearing officers, with the
6 same qualifications provided herein, one of whom shall be
7 selected, as provided in this Section, to rehear the charges
8 heard by the hearing officer who failed to render a decision.
9 The parties may also select a hearing officer pursuant to the
10 alternative procedure, as provided in this Section, to rehear
11 the charges heard by the hearing officer who failed to render
12 a decision. If the hearing officer fails without good cause
13 to render a decision within 3 months after the hearing is
14 concluded or the record is closed, whichever is later, the
15 hearing officer shall be removed from the master list of
16 hearing officers maintained by the State Board of Education.
17 The Board of Education shall not lose jurisdiction to
18 discharge the teacher if the hearing officer fails to render
19 a decision within the time specified in this Section. The
20 decision of the hearing officer is final unless reviewed as
21 provided in Section 24-16 of this Act. In the event such
22 review is instituted, any costs of preparing and filing the
23 record of proceedings shall be paid by the board.
24 If a decision of the hearing officer is adjudicated upon
25 review or appeal in favor of the teacher, then the trial
26 court shall order reinstatement and shall determine the
27 amount for which the board is liable including but not
28 limited to loss of income and costs incurred therein.
29 Any teacher who is reinstated by any hearing or
30 adjudication brought under this Section shall be assigned by
31 the board to a position substantially similar to the one
32 which that teacher held prior to that teacher's suspension or
33 dismissal.
34 If, by reason of any change in the boundaries of school
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1 districts, or by reason of the creation of a new school
2 district, the position held by any teacher having a
3 contractual continued service status is transferred from one
4 board to the control of a new or different board, the
5 contractual continued service status of such teacher is not
6 thereby lost, and such new or different board is subject to
7 this Act with respect to such teacher in the same manner as
8 if such teacher were its employee and had been its employee
9 during the time such teacher was actually employed by the
10 board from whose control the position was transferred.
11 (Source: P.A. 89-618, eff. 8-9-96.)
12 (105 ILCS 5/27A-2)
13 Sec. 27A-2. Legislative declaration.
14 (a) The General Assembly finds and declares as follows:
15 (1) Encouraging educational excellence is in the
16 best interests of the people of this State.
17 (2) There are educators, community members, and
18 parents in Illinois who can offer flexible and innovative
19 educational techniques and programs, but who lack an
20 avenue through which to provide them within the public
21 school system.
22 (3) The enactment of legislation authorizing
23 charter schools to operate in Illinois will promote new
24 options within the public school system and will provide
25 pupils, educators, community members, and parents with
26 the stimulus to strive for educational excellence.
27 (b) The General Assembly further finds and declares that
28 this Article is enacted for the following purposes:
29 (1) To improve pupil learning by creating schools
30 with high, rigorous standards for pupil performance.
31 (2) To increase learning opportunities for all
32 pupils, with special emphasis on expanded learning
33 experiences for at-risk pupils, consistent, however, with
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1 an equal commitment to increase learning opportunities
2 for all other groups of pupils in a manner that does not
3 discriminate on the basis of disability, race, creed,
4 color, gender, national origin, religion, ancestry,
5 marital status, or need for special education services.
6 (3) To encourage the use of innovative teaching
7 methods that may be different in some respects than
8 others regularly used in the public school system.
9 (4) To allow the development of new, different, or
10 alternative innovative forms of measuring pupil learning
11 and achievement.
12 (5) To create new professional opportunities for
13 teachers, including the opportunity to be responsible for
14 the learning program at the school site.
15 (6) To provide parents and pupils with expanded
16 choices within the public school system.
17 (7) To encourage parental and community involvement
18 with public schools.
19 (8) To hold charter schools accountable for meeting
20 rigorous school content standards and to provide those
21 schools with the opportunity to improve accountability.
22 (c) In authorizing charter schools, it is the intent of
23 the General Assembly to create a legitimate avenue for
24 parents, teachers, and community members to take responsible
25 risks and create new, innovative, and more flexible ways of
26 educating children within the public school system. The
27 General Assembly seeks to create opportunities within the
28 public school system of Illinois for development of
29 innovative and accountable teaching techniques. The
30 provisions of this Article should be interpreted liberally to
31 support the findings and goals of this Section and to advance
32 a renewed commitment by the State of Illinois to the mission,
33 goals, and diversity of public education.
34 (Source: P.A. 89-450, eff. 4-10-96.)
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1 (105 ILCS 5/27A-7)
2 Sec. 27A-7. Charter submission.
3 (a) A proposal to establish a charter school shall be
4 submitted to the State Board and the local school board in
5 the form of a proposed contract entered into between the
6 local school board and the governing body of a proposed
7 charter school. The charter school proposal as submitted to
8 the State Board shall include:
9 (1) The name of the proposed charter school, which
10 must include the words "Charter School".
11 (2) The age or grade range, areas of focus, minimum
12 and maximum numbers of pupils to be enrolled in the
13 charter school, and any other admission criteria that
14 would be legal if used by a school district.
15 (3) A description of and address for the physical
16 plant in which the charter school will be located;
17 provided that nothing in the Article shall be deemed to
18 justify delaying or withholding favorable action on or
19 approval of a charter school proposal because the
20 building or buildings in which the charter school is to
21 be located have not been acquired or rented at the time a
22 charter school proposal is submitted or approved or a
23 charter school contract is entered into or submitted for
24 certification or certified, so long as the proposal or
25 submission identifies and names at least 2 sites that are
26 potentially available as a charter school facility by the
27 time the charter school is to open.
28 (4) The mission statement of the charter school,
29 which must be consistent with the General Assembly's
30 declared purposes; provided that nothing in this Article
31 shall be construed to require that, in order to receive
32 favorable consideration and approval, a charter school
33 proposal demonstrate unequivocally that the charter
34 school will be able to meet each of those declared
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1 purposes, it being the intention of the Charter Schools
2 Law that those purposes be recognized as goals that
3 charter schools must aspire to attain.
4 (5) The goals, objectives, and pupil performance
5 standards to be achieved by the charter school.
6 (6) In the case of a proposal to establish a
7 charter school by converting an existing public school or
8 attendance center to charter school status, evidence that
9 the proposed formation of the charter school has received
10 the required approval of from certified teachers, from
11 parents and guardians, and, if applicable, from a local
12 school council as provided in subsection (b) of Section
13 27A-8.
14 (7) A description of the charter school's
15 educational program, pupil performance standards,
16 curriculum, school year, school days, and hours of
17 operation.
18 (8) A description of the charter school's plan for
19 evaluating pupil performance, the types of assessments
20 that will be used to measure pupil progress towards
21 achievement of the school's pupil performance standards,
22 the timeline for achievement of those standards, and the
23 procedures for taking corrective action in the event that
24 pupil performance at the charter school falls below those
25 standards.
26 (9) Evidence that the terms of the charter as
27 proposed are economically sound for both the charter
28 school and the school district, a proposed budget for the
29 term of the charter, a description of the manner in which
30 an annual audit of the financial and administrative
31 operations of the charter school, including any services
32 provided by the school district, are to be conducted, and
33 a plan for the displacement of pupils, teachers, and
34 other employees who will not attend or be employed in the
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1 charter school.
2 (10) A description of the governance and operation
3 of the charter school, including the nature and extent of
4 parental, professional educator, and community
5 involvement in the governance and operation of the
6 charter school.
7 (11) An explanation of the relationship that will
8 exist between the charter school and its employees,
9 including evidence that the terms and conditions of
10 employment have been addressed with affected employees
11 and their recognized representative, if any. However, a
12 bargaining unit of charter school employees shall be
13 separate and distinct from any bargaining units formed
14 from employees of a school district in which the charter
15 school is located.
16 (12) An agreement between the parties regarding
17 their respective legal liability and applicable insurance
18 coverage.
19 (13) A description of how the charter school plans
20 to meet the transportation needs of its pupils, and a
21 plan for addressing the transportation needs of
22 low-income and at-risk pupils.
23 (14) The proposed effective date and term of the
24 charter; provided that the first day of the first
25 academic year and the first day of the fiscal year shall
26 be no earlier than August 15 and no later than September
27 15 of a calendar year of the charter school shall
28 coincide with the first day of the academic year and the
29 first day of the fiscal year of the local school
30 district.
31 (15) Any other information reasonably required by
32 the State Board of Education.
33 (b) A proposal to establish a charter school may be
34 initiated by individuals or organizations that will have
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1 majority representation on the board of directors or other
2 governing body of the corporation or other discrete legal
3 entity that is to be established to operate the proposed
4 charter school, or by the board of directors or other
5 governing body of a discrete legal entity already existing or
6 established to operate the proposed charter school. The
7 individuals or organizations referred to in this subsection
8 may be school teachers, school administrators, local school
9 councils, colleges or universities or their faculty members,
10 public community colleges or their instructors or other
11 representatives, corporations, or other entities or their
12 representatives. The proposal shall be submitted to the
13 local school board for consideration and, if appropriate, for
14 development of a proposed contract to be submitted to the
15 State Board for certification under Section 27A-6.
16 (c) The local school board may not without the consent
17 of the governing body of the charter school condition its
18 approval of a charter school proposal on acceptance of an
19 agreement to operate under State laws and regulations and
20 local school board policies from which the charter school is
21 otherwise exempted under this Article.
22 (Source: P.A. 89-450, eff. 4-10-96.)
23 (105 ILCS 5/27A-8)
24 Sec. 27A-8. Evaluation of charter proposals.
25 (a) In evaluating any charter school proposal submitted
26 to it, the local school board shall give preference to
27 proposals that:
28 (1) demonstrate a high level of local pupil,
29 parental, community, business, and school personnel
30 support;
31 (2) set rigorous levels of expected pupil
32 achievement and demonstrate feasible plans for attaining
33 those levels of achievement; and
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1 (3) are designed to enroll and serve a substantial
2 proportion of at-risk children; provided that nothing in
3 the Charter Schools Law shall be construed as intended to
4 limit the establishment of charter schools to those that
5 serve a substantial portion of at-risk children or to in
6 any manner restrict, limit, or discourage the
7 establishment of charter schools that enroll and serve
8 other pupil populations under a nonexclusive,
9 nondiscriminatory admissions policy.
10 (b) In the case of a proposal to establish a charter
11 school by converting an existing public school or attendance
12 center to charter school status, evidence that the proposed
13 formation of the charter school has received majority support
14 from certified teachers and from parents and guardians in the
15 school or attendance center affected by the proposed charter,
16 and, if applicable, from a local school council, shall be
17 demonstrated by a petition in support of the charter school
18 signed by certified teachers and a petition in support of the
19 charter school signed by parents and guardians and, if
20 applicable, by a vote of the local school council held at a
21 public meeting. In the case of all other proposals to
22 establish a charter school, evidence of sufficient support to
23 fill the number of pupil seats set forth in the proposal may
24 shall be demonstrated by a petition in support of the charter
25 school signed by parents and guardians of students eligible
26 to attend the charter school. In all cases, the individuals,
27 organizations, or entities who initiate the proposal to
28 establish a charter school may elect, in lieu of including
29 any petition referred to in this subsection as a part of the
30 proposal submitted to the local school board, to demonstrate
31 that the charter school has received the support referred to
32 in this subsection by other evidence and information
33 presented at the public meeting that the local school board
34 is required to convene under this Section.
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1 (c) Within 45 days of receipt of a charter school
2 proposal, the local school board shall convene a public
3 meeting to obtain information to assist the board in its
4 decision to grant or deny the charter school proposal.
5 (d) Notice of the public meeting required by this
6 Section shall be published in a community newspaper published
7 in the school district in which the proposed charter is
8 located and, if there is no such newspaper, then in a
9 newspaper published in the county and having circulation in
10 the school district. The notices shall be published not more
11 than 10 days nor less than 5 days before the meeting and
12 shall state that information regarding a charter school
13 proposal will be heard at the meeting. Copies of the notice
14 shall also be posted at appropriate locations in the school
15 or attendance center proposed to be established as a charter
16 school, the public schools in the school district, and the
17 local school board office.
18 (e) Within 30 days of the public meeting, the local
19 school board shall vote, in a public meeting, to either grant
20 or deny the charter school proposal.
21 (f) Within 7 days of the public meeting required under
22 subsection (e), the local school board shall file a report
23 with to the State Board granting or denying the whether a
24 proposal has been granted or denied. Within 14 days of
25 receipt of the local school board's report, the State Board
26 shall determine whether the approved charter proposal is
27 consistent with the provisions of this Article and, if the
28 approved proposal complies, certify the proposal pursuant to
29 Section 27A-6.
30 (Source: P.A. 89-450, eff. 4-10-96.)
31 (105 ILCS 5/27A-9)
32 Sec. 27A-9. Term of charter; renewal.
33 (a) A charter may be granted for a period not less than
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1 3 and not more than 5 school years. A charter may be renewed
2 in incremental periods not to exceed 5 school years.
3 (b) A charter school renewal proposal submitted to the
4 local school board shall contain:
5 (1) A report on the progress of the charter school
6 in achieving the goals, objectives, pupil performance
7 standards, content standards, and other terms of the
8 initial approved charter proposal; and
9 (2) A financial statement that discloses the costs
10 of administration, instruction, and other spending
11 categories for the charter school that is understandable
12 to the general public and that will allow comparison of
13 those costs to other schools or other comparable
14 organizations, in a format required by the State Board.
15 (c) A charter may be revoked or not renewed if the local
16 school board clearly demonstrates determines that the charter
17 school did any of the following, or otherwise failed to
18 comply with the requirements of this law for other good cause
19 shown:
20 (1) Committed a material violation of any of the
21 conditions, standards, or procedures set forth in the
22 charter.
23 (2) Failed to meet or make reasonable progress
24 toward achievement of the content standards or pupil
25 performance standards identified in the charter.
26 (3) Failed to meet generally accepted standards of
27 fiscal management.
28 (4) Violated any provision of law from which the
29 charter school was not exempted.
30 (d) (Blank). In addition, a charter may not be renewed
31 if the local school board determines that it is not in the
32 interest of the pupils residing within the school district or
33 service area to continue the operation of the charter school.
34 (e) Notice of a local school board's decision to deny,
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1 revoke or not to renew a charter shall be provided to the
2 State Board. The State Board may reverse a local board's
3 decision if the State Board finds that the charter school or
4 charter school proposal (i) is in compliance with this
5 Article, and (ii) is in the best interests of the students it
6 is designed to serve. Final decisions of the State Board
7 shall be subject to judicial review under the Administrative
8 Review Law.
9 (f) Notwithstanding other provisions of this Article, if
10 the State Board on appeal reverses a local board's decision,
11 the State Board shall act as the authorized chartering entity
12 for the charter school. The State Board shall approve and
13 certify the charter and shall perform all functions under
14 this Article otherwise performed by the local school board.
15 The State Board shall report the aggregate number of charter
16 school pupils resident in a school district to that district
17 and shall notify the district of the amount of funding to be
18 paid by the State Board to the charter school enrolling such
19 students. The State Board shall withhold from funds
20 otherwise due the district the funds authorized by this
21 Article to be paid to the charter school and shall pay such
22 amounts to the charter school.
23 (Source: P.A. 89-450, eff. 4-10-96.)
24 (105 ILCS 5/27A-11)
25 Sec. 27A-11. Financing.
26 (a) For purposes of the School Code, pupils enrolled in
27 a charter school shall be included in the pupil enrollment of
28 the school district within which the pupil resides. Each
29 charter school (i) shall determine the school district in
30 which each pupil who is enrolled in the charter school
31 resides, and (ii) shall report the aggregate number of pupils
32 resident of a school district who are enrolled in the charter
33 school to the school district in which those pupils reside,
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1 and (iii) shall maintain accurate records of daily attendance
2 that shall be deemed sufficient to file claims under Section
3 18-8 notwithstanding any other requirements of that Section
4 regarding hours of instruction and teacher certification.
5 (b) As part of a charter school contract, the charter
6 school and the local school board shall agree on funding and
7 any services to be provided by the school district to the
8 charter school. Agreed funding that a charter school is to
9 receive from the local school board for a school year shall
10 be paid in equal quarterly installments with the payment of
11 the installment for the first quarter being made not later
12 than July 1, unless the charter establishes a different
13 payment schedule.
14 All services centrally or otherwise provided by the
15 school district including, but not limited to, food services,
16 custodial services, maintenance, curriculum, media services,
17 libraries, transportation, and warehousing shall be subject
18 to negotiation between a charter school and the local school
19 board and paid for out of the revenues negotiated pursuant to
20 this subsection (b); provided that the local school board
21 shall not attempt, by negotiation or otherwise, to obligate a
22 charter school to provide pupil transportation for pupils for
23 whom a district is not required to provide transportation
24 under the criteria set forth in subsection (a)(13) of Section
25 27A-7.
26 In no event shall the funding be less than 75% 95% or
27 more than 125% 105% of the school district's per capita
28 student tuition multiplied by the number of students residing
29 in the district who are enrolled in the charter school.
30 It is the intent of the General Assembly that funding and
31 service agreements under this subsection (b) shall be neither
32 a financial incentive nor a financial disincentive to the
33 establishment of a charter school.
34 Fees collected from students enrolled at a charter school
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1 shall be retained by the charter school.
2 (c) Notwithstanding subsection (b) of this Section, the
3 proportionate share of State and federal resources generated
4 by students with disabilities or staff serving them shall be
5 directed to charter schools enrolling those students by their
6 school districts or administrative units. The proportionate
7 share of moneys generated under other federal or State
8 categorical aid programs shall be directed to charter schools
9 serving students eligible for that aid.
10 (d)(1) The governing body of a charter school is
11 authorized to accept gifts, donations, or grants of any kind
12 made to the charter school and to expend or use gifts,
13 donations, or grants in accordance with the conditions
14 prescribed by the donor; however, a gift, donation, or grant
15 may not be accepted by the governing body if it is subject to
16 any condition contrary to applicable law or contrary to the
17 terms of the contract between the charter school and the
18 local school board. Charter schools shall be encouraged to
19 solicit and utilize community volunteer speakers and other
20 instructional resources when providing instruction on the
21 Holocaust and other historical events.
22 (2) From amounts appropriated to the State Board for
23 purposes of this subsection (d)(2), the State Board may make
24 loans to charter schools established under this Article to be
25 used by those schools to defer their start-up costs of
26 acquiring textbooks and laboratory and other equipment
27 required for student instruction. Any such loan shall be made
28 to a charter school at the inception of the term of its
29 charter, under terms established by the State Board, and
30 shall be repaid by the charter school over the term of its
31 charter.
32 (e) No later than January 1, 1997, the State Board shall
33 issue a report to the General Assembly and the Governor
34 describing the charter schools certified under this Article,
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1 their geographic locations, their areas of focus, and the
2 numbers of school children served by them.
3 (f) The State Board shall provide technical assistance
4 to persons and groups preparing or revising charter
5 applications.
6 (g) At the non-renewal or revocation of its charter,
7 each charter school shall refund to the local board of
8 education all unspent funds.
9 (h) A charter school is authorized to incur temporary,
10 short term debt to pay operating expenses in anticipation of
11 receipt of funds from the local school board.
12 (Source: P.A. 89-450, eff. 4-10-96.)
13 (105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
14 Sec. 34-84. Appointments and promotions of teachers.
15 Appointments and promotions of teachers shall be made for
16 merit only, and after satisfactory service for a probationary
17 period of 3 years with respect to probationary employees
18 employed as full-time teachers in the public school system of
19 the district before July 1, 1997 and 4 years with respect to
20 probationary employees who are first employed as full-time
21 teachers in the public school system of the district on or
22 after July 1, 1997 (during which period the board may dismiss
23 or discharge any such probationary employee upon the
24 recommendation, accompanied by the written reasons therefor,
25 of the general superintendent of schools) appointments of
26 teachers shall become permanent, subject to removal for cause
27 in the manner provided by Section 34-85.
28 As used in this Article, "teachers" means and includes
29 all members of the teaching force excluding the general
30 superintendent and principals.
31 There shall be no reduction in teachers because of a
32 decrease in student membership or a change in subject
33 requirements within the attendance center organization after
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1 the 20th day following the first day of the school year,
2 except that: (1) this provision shall not apply to
3 desegregation positions, special education positions, or any
4 other positions funded by State or federal categorical funds,
5 and (2) at attendance centers maintaining any of grades 9
6 through 12, there may be a second reduction in teachers on
7 the first day of the second semester of the regular school
8 term because of a decrease in student membership or a change
9 in subject requirements within the attendance center
10 organization.
11 The school principal shall make the decision in selecting
12 teachers to fill new and vacant positions consistent with
13 Section 34-8.1.
14 (Source: P.A. 88-338; 88-511; 89-15, eff. 5-30-95.)
15 Section 50. The Illinois Educational Labor Relations Act
16 is amended by changing Section 13 as follows:
17 (115 ILCS 5/13) (from Ch. 48, par. 1713)
18 Sec. 13. Strikes.
19 (a) Notwithstanding the existence of any other provision
20 in this Act or other law, educational employees employed in
21 school districts organized under Article 34 of the School
22 Code shall not engage in a strike at any time during the 18
23 month period that commences on the effective date of this
24 amendatory Act of 1995. An educational employee employed in
25 a school district organized under Article 34 of the School
26 Code who participates in a strike in violation of this
27 Section is subject to discipline by the employer. In
28 addition, no educational employer organized under Article 34
29 of the School Code may pay or cause to be paid to an
30 educational employee who participates in a strike in
31 violation of this subsection any wages or other compensation
32 for any period during which an educational employee
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1 participates in the strike, except for wages or compensation
2 earned before participation in the strike. Notwithstanding
3 the existence of any other provision in this Act or other
4 law, during the 18-month period that strikes are prohibited
5 under this subsection nothing in this subsection shall be
6 construed to require an educational employer to submit to a
7 binding dispute resolution process.
8 (b) Notwithstanding the existence of any other provision
9 in this Act or any other law, educational employees other
10 than those employed in a school district organized under
11 Article 34 of the School Code and, after the expiration of
12 the 18 month period that commences on the effective date of
13 this amendatory Act of 1995, educational employees in a
14 school district organized under Article 34 of the School Code
15 shall not engage in a strike except under the following
16 conditions:
17 (1) they are represented by an exclusive
18 bargaining representative;
19 (2) mediation has been used without success;
20 (3) at least 10 5 days have elapsed after a notice
21 of intent to strike has been given by the exclusive
22 bargaining representative to the educational employer,
23 the regional superintendent and the Illinois Educational
24 Labor Relations Board.
25 (4) the collective bargaining agreement between
26 the educational employer and educational employees, if
27 any, has expired; and
28 (5) the employer and the exclusive bargaining
29 representative have not mutually submitted the unresolved
30 issues to arbitration.
31 If, however, in the opinion of an employer the strike is
32 or has become a clear and present danger to the health or
33 safety of the public, the employer may initiate in the
34 circuit court of the county in which such danger exists an
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1 action for relief which may include, but is not limited to,
2 injunction. The court may grant appropriate relief upon the
3 finding that such clear and present danger exists. An unfair
4 practice or other evidence of lack of clean hands by the
5 educational employer is a defense to such action. Except as
6 provided for in this paragraph, the jurisdiction of the court
7 under this Section is limited by the Labor Dispute Act.
8 (Source: P.A. 89-15, eff. 5-30-95.)
9 Section 95. No acceleration or delay. Where this Act
10 makes changes in a statute that is represented in this Act by
11 text that is not yet or no longer in effect (for example, a
12 Section represented by multiple versions), the use of that
13 text does not accelerate or delay the taking effect of (i)
14 the changes made by this Act or (ii) provisions derived from
15 any other Public Act.
16 Section 98. Severability. If any provision of this
17 amendatory Act of 1997 or its application to any person or
18 circumstances is held invalid, the invalidity of that
19 provision or application does not affect other provisions or
20 applications of this amendatory Act that can be given effect
21 without the invalid provision or application.
22 Section 99. Effective date. This Act takes effect July
23 1, 1997.".