Public Act 094-1105
 		





SB1856 Enrolled
LRB094 05848 LJB 35902 b






    AN ACT concerning education.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 5. The Building Authority Act is amended  by 
changing Sections 3, 4, 5, and 9 as follows:
 



    (20 ILCS 3110/3)  (from Ch. 127, par. 213.3)


    Sec. 3. Duties. The Authority shall make thorough and 
continuous studies and
investigations of the following 
building needs of the State of Illinois as they
may from time 
to time develop:

    (a) Office structures, recreational facilities, fixed 
equipment of any
kind, electric, gas, steam, water and sewer 
utilities, motor parking
facilities, hospitals, penitentiaries 
and facilities of every kind and
character, other than movable 
equipment, considered by the Authority
necessary or convenient 
for the efficient operation of any unit which is
used by any 
officer, department, board, commission or other agency of the

State.

    (b) Buildings and other facilities intended for use as 
classrooms,
laboratories, libraries, student residence halls, 
instructional and
administrative facilities for students, 
faculty, officers, and employees,
and motor vehicle parking 
facilities and fixed equipment for any
institution or unit 
under the control of the Board of Trustees of the
University of 
Illinois, the Board of Trustees of Southern Illinois 
University,
the Board of Trustees of Chicago State University, 
the Board of Trustees of
Eastern Illinois University, the Board 
of Trustees of Governors State
University, the Board of 
Trustees of Illinois State University, the Board of
Trustees of 
Northeastern Illinois University, the Board of Trustees of 
Northern
Illinois University, the Board of Trustees of Western 
Illinois University, the
School Building Commission or any 
public community college district board.

    (c) School sites, buildings and fixed equipment to meet the 
needs of
school districts unable to provide such facilities 
because of lack of funds
and constitutional bond limitations, 
whenever any General Assembly has
declared the acquisition of 
sites, construction of buildings and
installation of fixed 
equipment for such school districts to be in the
public 
interest, and allocations of said declarations shall be made as

provided in Section 5 of this Act.

    Whenever the General Assembly declares by law that it is in 
the public
interest for the Authority to acquire any real 
estate, construct, complete
and remodel buildings, and install 
fixed equipment in buildings and other
facilities for public 
community college districts, or for school districts that

qualify under Article 35 of The School Code, as amended or as 
may hereafter be
amended, the amount of any declaration to be 
allocated to any public community
college district shall be 
determined by the Illinois Community College Board,
and the 
amount of any declaration to be allocated to any School 
District
qualifying under Article 35 of The School Code shall 
be determined by the
 School Building Commission, unless 
otherwise provided by law.

(Source: P.A. 89-4, eff. 1-1-96.)


 



    (20 ILCS 3110/4)  (from Ch. 127, par. 213.4)


    Sec. 4. Any department, board, commission, agency or 
officer of this State
or the Board of Trustees of the 
University of Illinois, the Board of Trustees
of Southern 
Illinois University, the Board of Trustees of Chicago State

University, the Board of Trustees of Eastern Illinois 
University, the Board of
Trustees of Governors State 
University, the Board of Trustees of Illinois State
University, 
the Board of Trustees of Northeastern Illinois University, the

Board of Trustees of Northern Illinois University, the Board of 
Trustees of
Western Illinois University, the School Building 
Commission, or any public
community college district board, may 
transfer jurisdiction of or title to
any property under its or 
his control to the Authority when such transfer
is approved in 
writing by the Governor as being advantageous to the State.

(Source: P.A. 89-4, eff. 1-1-96.)

 



    (20 ILCS 3110/5)  (from Ch. 127, par. 213.5)


    Sec. 5. Powers. To accomplish projects of the kind listed 
in Section 3
above, the Authority shall possess the following 
powers:

    (a) Acquire by purchase or otherwise (including the power 
of
condemnation in the manner provided for the exercise of the 
right of eminent
domain under Article VII of the Code of Civil 
Procedure, as amended),
construct, complete, remodel and 
install fixed equipment in any and all
buildings and other 
facilities as the General Assembly by law declares
to be in the 
public interest.

    Whenever the General Assembly has by law declared it to be 
in the
public interest for the Authority to acquire any real 
estate, construct,
complete, remodel and install fixed 
equipment in buildings and other
facilities for public 
community college districts, the Director of the
Department of 
Central Management Services shall, when requested by any such

public community college district board, enter into a lease by 
and on behalf of
and for the use of such public community 
college district board to the extent
appropriations have been 
made by the General Assembly to pay the rents under
the terms 
of such lease.

    In the course of such activities, acquire property of any 
and every
kind and description, whether real, personal or 
mixed, by gift, purchase
or otherwise. It may also acquire real 
estate of the State of Illinois
controlled by any officer, 
department, board, commission, or other
agency of the State, or 
the Board of Trustees of the University of
Illinois, the Board 
of Trustees of Southern Illinois University,
the Board of 
Trustees of Chicago State University, the Board of Trustees of

Eastern Illinois University, the Board of Trustees of Governors 
State
University, the Board of Trustees of Illinois State 
University, the Board of
Trustees of Northeastern Illinois 
University, the Board of Trustees of Northern
Illinois 
University, the Board of Trustees of Western Illinois 
University, the
School Building Commission or any public 
community college district
board, the jurisdiction of which is 
transferred by such officer,
department, board, commission, or 
other agency, or the Board of Trustees
of Southern Illinois 
University,
the Board of Trustees of Chicago State University, 
the Board of Trustees of
Eastern Illinois University, the Board 
of Trustees of Governors State
University, the Board of 
Trustees of Illinois State University, the Board of
Trustees of 
Northeastern Illinois University, the Board of Trustees of 
Northern
Illinois University, the Board of Trustees of Western 
Illinois University, or
the School Building Commission or any 
public community college district board,
to the Authority. The 
Board of Trustees of the University of Illinois, the
Board of 
Trustees of Southern Illinois University, the Board of Trustees 
of
Chicago State University, the Board of Trustees of Eastern 
Illinois University,
the Board of Trustees of Governors State 
University, the Board of Trustees of
Illinois State University, 
the Board of Trustees of Northeastern Illinois
University, the 
Board of Trustees of Northern Illinois University, the Board of

Trustees of Western Illinois University, or the School Building

Commission and any public community college district board, 
respectively, shall
prepare plans and specifications for and 
have supervision over any
project to be undertaken by the 
Authority for their use. Before any
other particular 
construction is undertaken, plans and specifications
shall be 
approved by the lessee provided for under (b) below, except as

indicated above.

    (b) Execute leases of facilities and sites to, and charge 
for the
use of any such facilities and sites by, any officer, 
department, board,
commission or other agency of the State of 
Illinois, or the Director of
the Department of Central 
Management Services when the Director
is requested to, by
and 
on behalf of, or for the use of, any officer, department, 
board,
commission or other agency of the State of Illinois, or 
by the Board of
Trustees of the University of Illinois, the 
Board of Trustees of
Southern Illinois University,
the Board of 
Trustees of Chicago State University, the Board of Trustees of

Eastern Illinois University, the Board of Trustees of Governors 
State
University, the Board of Trustees of Illinois State 
University, the Board of
Trustees of Northeastern Illinois 
University, the Board of Trustees of Northern
Illinois 
University, the Board of Trustees of Western Illinois 
University, or
the School Building Commission or any public 
community college district board.
Such leases may be entered 
into contemporaneously with any financing to be done
by the 
Authority and payments under the terms of the lease shall begin 
at any
time after execution of any such lease.

    (c) In the event of non-payment of rents reserved in such 
leases,
maintain and operate such facilities and sites or 
execute leases thereof
to others for any suitable purposes. 
Such leases to the officers,
departments, boards, commissions, 
other agencies, the respective Boards of
Trustees,, or the 
School Building Commission or any public community college

district board shall contain the provision that rents under 
such leases
shall be payable solely from appropriations to be 
made by the General
Assembly for the payment of such rent and 
any revenues derived from the
operation of the leased premises.

    (d) Borrow money and issue and sell bonds in such amount or 
amounts
as the Authority may determine for the purpose of 
acquiring,
constructing, completing or remodeling, or putting 
fixed equipment in
any such facility; refund and refinance the 
same from time to time as
often as advantageous and in the 
public interest to do so; and pledge
any and all income of such 
Authority, and any revenues derived from such
facilities, or 
any combination thereof, to secure the payment of such
bonds 
and to redeem such bonds. All such bonds are subject to the

provisions of Section 6 of this Act.

    In addition to the permanent financing authorized by 
Sections 5 and 6
of this Act, the Illinois Building Authority 
may borrow money and issue
interim notes in evidence thereof 
for any of the projects, or to perform
any of the duties 
authorized under this Act, and in addition may borrow
money and 
issue interim notes for planning, architectural and

engineering, acquisition of land, and purchase of fixed 
equipment as
follows:


        1. Whenever the Authority considers it advisable and in 
    the
interests of the Authority to borrow funds temporarily 
    for any of the
purposes enumerated in this Section, the 
    Authority may from time to
time, and pursuant to 
    appropriate resolution, issue interim notes to
evidence 
    such borrowings including funds for the payment of interest 
    on
such borrowings and funds for all necessary and 
    incidental expenses in
connection with any of the purposes 
    provided for by this Section and
this Act until the date of 
    the permanent financing. Any resolution
authorizing the 
    issuance of such notes shall describe the project to be

    undertaken and shall specify the principal amount, rate of 
    interest (not
exceeding
the maximum rate authorized by the 
    Bond Authorization Act, as amended at the
time of the 
    making of the contract,) and maturity date, but not to 
    exceed 5
years
from date of issue, and such other terms as 
    may be specified in such
resolution; however, time of 
    payment of any such notes may be extended
for a period of 
    not exceeding 3 years from the maturity date thereof.


        The Authority may provide for the registration of the 
    notes in the
name of the owner either as to principal 
    alone, or as to both principal
and interest, on such terms 
    and conditions as the Authority may
determine by the 
    resolution authorizing their issue. The notes shall be

    issued from time to time by the Authority as funds are 
    borrowed, in the
manner the Authority may determine. 
    Interest on the notes may be made
payable semiannually, 
    annually or at maturity. The notes may be made
redeemable, 
    prior to maturity, at the option of the Authority, in the

    manner and upon the terms fixed by the resolution 
    authorizing their
issuance. The notes may be executed in 
    the name of the Authority by the
Chairman of the Authority 
    or by any other officer or officers of the
Authority as the 
    Authority by resolution may direct, shall be attested
by 
    the Secretary or such other officer or officers of the 
    Authority as
the Authority may by resolution direct, and be 
    sealed with the
Authority's corporate seal. All such notes 
    and the interest thereon may
be secured by a pledge of any 
    income and revenue derived by the
Authority from the 
    project to be undertaken with the proceeds of the
notes and 
    shall be payable solely from such income and revenue and 
    from
the proceeds to be derived from the sale of any 
    revenue bonds for
permanent financing authorized to be 
    issued under Sections 5 and 6 of
this Act, and from the 
    property acquired with the proceeds of the notes.


        Contemporaneously with the issue of revenue bonds as 
    provided by this
Act, all interim notes, even though they 
    may not then have matured,
shall be paid, both principal 
    and interest to date of payment, from the
funds derived 
    from the sale of revenue bonds for the permanent financing

    and such interim notes shall be surrendered and canceled.


        2. The Authority, in order further to secure the 
    payment of the
interim notes, is, in addition to the 
    foregoing, authorized and
empowered to make any other or 
    additional covenants, terms and
conditions not 
    inconsistent with the provisions of subparagraph (a) of

    this Section, and do any and all acts and things as may be 
    necessary or
convenient or desirable in order to secure 
    payment of its interim notes,
or in the discretion of the 
    Authority, as will tend to make the interim
notes more 
    acceptable to lenders, notwithstanding that the covenants,

    acts or things may not be enumerated herein; however, 
    nothing contained
in this subparagraph shall authorize the 
    Authority to secure the payment
of the interim notes out of 
    property or facilities, other than the
facilities acquired 
    with the proceeds of the interim notes, and any net
income 
    and revenue derived from the facilities and the proceeds of

    revenue bonds as hereinabove provided.

    (e) Convey property, without charge, to the State or to the

appropriate corporate agency of the State or to any public 
community college
district board if and when all debts which 
have been secured by the
income from such property have been 
paid.

    (f) Enter into contracts regarding any matter connected 
with any
corporate purpose within the objects and purposes of 
this Act.

    (g) Employ agents and employees necessary to carry out the 
duties
and purposes of the Authority.

    (h) Adopt all necessary by-laws, rules and regulations for 
the
conduct of the business and affairs of the Authority, and 
for the
management and use of facilities and sites acquired 
under the powers
granted by this Act.

    (i) Have and use a common seal and alter the same at 
pleasure.

    The Interim notes shall constitute State debt of the State 
of
Illinois within the meaning of any of the provisions of the 
Constitution
and statutes of the State of Illinois.

    No member, officer, agent or employee of the Authority, nor 
any other
person who executes interim notes, shall be liable 
personally by reason
of the issuance thereof.

    With respect to instruments for the payment of money issued 
under this
Section either before, on, or after the effective 
date of this amendatory
Act of 1989, it is and always has been 
the intention of the General
Assembly (i) that the Omnibus Bond 
Acts are and always have been
supplementary grants of power to 
issue instruments in accordance with the
Omnibus Bond Acts, 
regardless of any provision of this Act that may appear
to be 
or to have been more restrictive than those Acts, (ii) that the

provisions of this Section are not a limitation on the 
supplementary
authority granted by the Omnibus Bond Acts, and 
(iii) that instruments
issued under this Section within the 
supplementary authority granted
by the Omnibus Bond Acts are 
not invalid because of any provision of
this Act that may 
appear to be or to have been more restrictive than
those Acts.

(Source: P.A. 89-4, eff. 1-1-96.)

 



    (20 ILCS 3110/9)  (from Ch. 127, par. 213.9)


    Sec. 9. Limitation on disbursements. The Authority shall 
keep account
of the gross total income derived from each 
separate project or any combination
thereof undertaken 
pursuant to this Act. Disbursements from a given account
in The 
Public Building Fund shall be ordered by the Authority only for 
the
payment of
(1) the principal of and interest on the bonds 
issued for each project,
or combination thereof, and (2) any 
other purposes set forth in the
resolution authorizing the 
issuance of such bonds.

    An accurate record shall be kept of the rental payments 
under each
lease entered into by the Authority and any officer, 
department, board,
commission or other agency of the State of 
Illinois, the Director of the
Department of Central Management 
Services, the Board of Trustees of the
University of Illinois, 
the Board of Trustees of Southern Illinois University,
the 
Board of Trustees of Chicago State University, the Board of 
Trustees of
Eastern Illinois University, the Board of Trustees 
of Governors State
University, the Board of Trustees of 
Illinois State University, the Board of
Trustees of 
Northeastern Illinois University, the Board of Trustees of 
Northern
Illinois University, the Board of Trustees of Western 
Illinois University, the
School Building Commission, or any 
public community
college district board, and when the rentals 
applicable to each project
or facility, or any combination 
thereof, constructed, completed, remodeled,
maintained
and 
equipped, have been paid in (1) amounts sufficient to amortize 
and pay
the principal of and interest upon the total principal 
amount
of bonds of the Authority issued to pay the cost of each 
project or facility,
including maintenance and operation 
expenses and that proportion of the
administrative expense of 
the Authority as provided for by each lease, or
(2) amounts 
which when invested in direct obligations of the United
States 
of America are, together with earnings thereon, sufficient to 
amortize
and pay the principal of and interest upon the total 
principal amount
of bonds of the Authority issued to pay the 
cost of each project
or facility, including maintenance and 
operation expenses and that proportion
of the administrative 
expense of the Authority as provided for by each lease,
the 
property shall be conveyed without charge to the lessee.

(Source: P.A. 89-4, eff. 1-1-96.)



 
    Section 10. The State Finance Act is amended  by changing 
Section 8a as follows:
 



    (30 ILCS 105/8a)
  (from Ch. 127, par. 144a)



    Sec. 8a. Common School Fund; transfers to Common School 
Fund and Education
Assistance Fund.

    (a) Except as provided in subsection (b) of this
Section 
and except as otherwise provided in this subsection (a) with

respect to amounts transferred from the General Revenue Fund to 
the Common
School Fund for distribution therefrom for the 
benefit of the Teachers'
Retirement System of the State of 
Illinois and the Public School Teachers'
Pension and Retirement 
Fund of Chicago:


        (1) With respect to all school districts, for each 
    fiscal year other
than fiscal year 1994, on or before the 
    eleventh and
twenty-first days of each of the months of 
    August through the following July,
at a time or times 
    designated by the Governor, the State Treasurer
and the 
    State Comptroller shall transfer from the General Revenue

    Fund to the Common School Fund and Education Assistance 
    Fund, as
appropriate, 1/24 or so much thereof as may be

    necessary of the amount appropriated to the State Board of 
    Education for
distribution to all school districts from 
    such Common School Fund and
Education Assistance Fund, for 
    the
fiscal year, including interest on the School Fund 
    proportionate for that
distribution for such year.


        (2) With respect to all school districts, but for 
    fiscal year 1994 only,
on the 11th day of August, 1993 and 
    on or before the 11th and
21st days of each of the months 
    of October, 1993 through July, 1994 at a time
or times 
    designated by the Governor, the State Treasurer and the 
    State
Comptroller shall transfer from the General Revenue 
    Fund to the Common School
Fund 1/24 or so much thereof as 
    may be necessary of the amount appropriated to
the State 
    Board of Education for distribution to all school districts 
    from such
Common School Fund, for fiscal year 1994, 
    including interest on the School Fund
proportionate for 
    that distribution for such year; and on or before the 21st

    day of August, 1993 at a time or times designated by the 
    Governor, the State
Treasurer and the State Comptroller 
    shall transfer from the General Revenue
Fund to the Common 
    School Fund 3/24 or so much thereof as may be necessary of

    the amount appropriated to the State Board of Education for 
    distribution to all
school districts from the Common School 
    Fund, for fiscal year 1994, including
interest 
    proportionate for that distribution on the School Fund for 
    such fiscal
year.

    The amounts of the payments made in July of each year: (i) 
shall be
considered an outstanding liability as of the 30th day 
of June immediately
preceding those July payments, within the 
meaning of Section 25 of this Act;
(ii) shall be payable from 
the appropriation for the fiscal year that ended on
that 30th 
day of June; and (iii) shall be considered payments for claims

covering the school year that commenced during the immediately 
preceding
calendar year.

    Notwithstanding the foregoing provisions of this 
subsection, as soon
as may be after the 10th and 20th days of 
each of the months of August
through May, 1/24, and on or as 
soon as may be after the 10th and 20th days of June, 1/12 of the 
annual amount appropriated to the
State Board of Education for 
distribution and payment during that fiscal year
from the 
Common School Fund to and for the benefit of the Teachers' 
Retirement
System of the State of Illinois (until the end of 
State fiscal year 1995)
and the Public School Teachers' Pension 
and Retirement Fund of Chicago as
provided by the Illinois 
Pension Code and Section 18-7 of the School Code, or
so much 
thereof as may be necessary, shall be transferred by the State

Treasurer and the State Comptroller from the General Revenue 
Fund to the Common
School Fund to permit semi-monthly payments 
from the Common School Fund to and
for the benefit of such 
teacher retirement systems as required by Section 18-7
of the 
School Code.

    Notwithstanding the other provisions of this Section, on or 
as soon as
may be after the 15th day of each month, beginning 
in July of 1995, 1/12
of the annual amount appropriated for 
that fiscal year from the Common School
Fund to the Teachers' 
Retirement System of the State of Illinois (other than
amounts 
appropriated under Section 1.1 of the State Pension Funds 
Continuing
Appropriation Act), or so much thereof as may be 
necessary, shall be
transferred by the State Treasurer and the 
State Comptroller from the General
Revenue Fund to the Common 
School Fund to permit monthly payments from the
Common School 
Fund to that retirement system in accordance with Section 
16-158
of the Illinois Pension Code and Section 18-7 of the 
School Code, except that
such transfers in fiscal year 2004 
from the General Revenue Fund
to the Common School Fund for the 
benefit of the Teachers' Retirement System of
the State of 
Illinois shall be reduced in the aggregate by the State

Comptroller and
State Treasurer to adjust for the amount 
transferred to the Teachers'
Retirement System of the State of 
Illinois pursuant to subsection (a) of
Section 6z-61.
Amounts

appropriated to the Teachers' Retirement System of the State of 
Illinois under
Section 1.1 of the State Pension Funds 
Continuing Appropriation Act shall be
transferred by the State 
Treasurer and the State Comptroller from the General
Revenue 
Fund to the Common School Fund as necessary to provide for the 
payment
of vouchers drawn against those appropriations.

    The Governor may notify the State Treasurer and the State 
Comptroller to
transfer, at a time designated by the Governor, 
such additional amount as
may be necessary to effect advance 
distribution to school districts of amounts
that otherwise 
would be payable in the next month pursuant to Sections 18-8.05

18-8
through 18-9
18-10 of the School Code. The State Treasurer 
and the State Comptroller
shall thereupon transfer such 
additional amount. The aggregate amount
transferred from the 
General Revenue Fund to the Common School Fund in the
eleven 
months beginning August 1 of any fiscal year shall not be in 
excess
of the amount necessary for payment of claims certified 
by the State
Superintendent of Education pursuant to the 
appropriation of the Common
School Fund for that fiscal year. 
Notwithstanding the provisions of the
first paragraph in this 
section, no transfer to effect an advance
distribution shall be 
made in any month except on notification, as provided
above, by 
the Governor.

    The State Comptroller and State Treasurer shall transfer 
from the General
Revenue Fund to the Common School Fund and the 
Education Assistance Fund
such amounts as may be required to

honor the vouchers presented by the State Board of Education 
pursuant to
Sections 18-3, 18-4.3, 18-5, 18-6 and 18-7 of the 
School Code.

    The State Comptroller shall report all transfers provided 
for in this Act
to the President of the Senate, Minority Leader 
of the Senate, Speaker of
the House, and Minority Leader of the 
House.

    (b) On or before the 11th and 21st days of each of the 
months of June,
1982 through July, 1983, at a time or times 
designated by the Governor,
the State Treasurer and the State 
Comptroller shall transfer from the General
Revenue Fund to the 
Common School Fund 1/24 or so much thereof as may be
necessary 
of the amount appropriated to the State Board of Education for

distribution from such Common School Fund, for that same fiscal 
year, including
interest on the School Fund for such year.  The 
amounts of the payments
in the months of July, 1982 and July, 
1983 shall be considered an outstanding
liability as of the 
30th day of June immediately preceding such July payment,

within the meaning of Section 25 of this Act, and shall be 
payable from
the appropriation for the fiscal year which ended 
on such 30th day of June,
and such July payments shall be 
considered payments for claims covering
school years 1981-1982 
and 1982-1983 respectively.

    In the event the Governor makes notification to effect 
advanced distribution
under the provisions of subsection (a) of 
this Section, the aggregate amount
transferred from the General 
Revenue Fund to the Common School Fund in the
12 months 
beginning August 1, 1981 or the 12 months beginning August 1,

1982 shall not be in excess of the amount necessary for payment 
of claims
certified by the State Superintendent of Education 
pursuant to the
appropriation of the Common School Fund for the 
fiscal years commencing on
the first of July of the years 1981 
and 1982.

(Source: P.A. 93-665, eff. 3-5-04.)

 
    Section 15. The Illinois Pension Code is amended  by 
changing Sections 17-130, 17-154, and 17-156.1 as follows:
 



    (40 ILCS 5/17-130)  (from Ch. 108 1/2, par. 17-130)



    Sec. 17-130. Participants' contributions by payroll 
deductions. 

    (a) There shall be deducted from the salary of each teacher 
7.50% of his salary for service or disability retirement 
pension and
0.5% of salary for the annual increase in base 
pension.

    In addition, there shall be deducted from the salary of 
each teacher
1% of his salary for survivors' and children's 
pensions.

    (b) An Employer and any employer of eligible contributors 
as defined in
Section 17-106 is authorized to make the 
necessary deductions from the salaries
of its teachers.  Such 
amounts shall be included as a part of the Fund.  An
Employer 
and any employer of eligible contributors as defined in Section 
17-106
shall formulate such rules and regulations as may be 
necessary to give effect
to the provisions of this Section.

    (c) All persons employed as teachers shall, by such 
employment,
accept the provisions of this Article and of 
Sections 34-83 to 34-85b
34-87,
inclusive, of "The School 
Code", approved March 18, 1961, as amended,
and thereupon 
become contributors to the Fund in accordance with the
terms 
thereof.  The provisions of this Article and of those Sections

shall become a part of the contract of employment.

    (d) A person who (i) was a member before July 1, 1998, (ii) 
retires with
more than 34 years of creditable service, and 
(iii) does not elect to qualify
for the augmented rate under 
Section 17-119.1 shall be entitled, at the time of
retirement, 
to receive a partial refund of contributions made under this

Section for service occurring after the later of June 30, 1998 
or attainment of
34 years of creditable service, in an amount 
equal to 1.00% of the salary upon
which those contributions 
were based.

(Source: P.A. 90-566, eff. 1-2-98; 90-582, eff. 5-27-98.)

 



    (40 ILCS 5/17-154)  (from Ch. 108 1/2, par. 17-154)



    Sec. 17-154. Retired teachers supplementary payments. All 
persons who were
on June 30, 1975, entitled to a service 
retirement
pension or disability retirement pension, under 
this Fund or any
fund of
which this Fund is a continuation, and 
who meet the conditions
prescribed
hereinafter, shall receive 
supplementary payments as follows:

    (1) In the case of any such retired person, who attained or 
shall attain
after June 30, 1975, the age of 60 years, who was 
in receipt of a service
retirement pension, the payment 
pursuant to this section shall be an amount
equal to the 
difference between (a) his annual service retirement pension

from the Fund plus any annual payment received under the

provisions of
Section 34-87 (now repealed) of "The School 
Code", approved March 18, 1961, as amended,
if the total of 
such amounts is less than $4500 per year, and (b) an amount

equal to $100 for each year of validated teaching service 
forming the basis
of the service retirement pension up to a 
maximum of 45 years of such
service;

    (2) In the case of any such retired person, who was in 
receipt on June
30, 1975, of a disability retirement pension, 
the payment shall be equal
to the difference between (a) his 
total annual disability retirement pension
and (b) an amount 
equal to $100 for each year of validated teaching service

forming the basis of the disability retirement pension. 

(Source: P.A. 90-566, eff. 1-2-98.)

 



    (40 ILCS 5/17-156.1)  (from Ch. 108 1/2, par. 17-156.1)



    Sec. 17-156.1. Increases to retired members. A teacher who 
retired
prior to September 1, 1959 on service retirement 
pension who was at
least 55 years of age at date of retirement 
and had at least 20 years of
validated service shall be 
entitled to receive benefits under this Section.

    These benefits shall be in an amount equal to 1-1/2% of the 
total of
(1) the initial service retirement pension plus (2) 
any emeritus payment
payable under Sections 34-86 and 34-87 
(now repealed) of the School Code, multiplied by the number of 
full years on
pension.  This payment shall begin in January of 
1970.  An additional
1-1/2% shall be added in January of each 
year thereafter.  Beginning
January 1, 1972 the rate of increase 
in the service retirement pension
each year shall be 2%.  
Beginning January 1, 1979, the rate of increase in
the service 
retirement pension each year shall be 3%.
Beginning January 1, 
1990, all automatic annual increases payable under
this Section 
shall be calculated as a percentage of the total pension

payable at the time of the increase, including all increases 
previously
granted under this Article, notwithstanding Section 
17-157.

    A pensioner who otherwise qualifies for the aforesaid 
benefit shall
make a one-time payment of 1% of the final 
monthly average salary
multiplied by the number of completed 
years of service forming the basis
of his service retirement 
pension or, if the pension was not computed according
to 
average salary as defined in Section 17-116, 1% of the monthly

base pension multiplied by each complete year of service 
forming the
basis of his service retirement pension.  Unless the 
pensioner rejects
the benefits of this Section, such sum shall 
be deducted from the
pensioner's December 1969 pension check 
and shall not be refundable.

(Source: P.A. 90-655, eff. 7-30-98.)

 
    Section 20. The School Code is amended  by changing Sections 
2-3.12, 2-3.62, 5-1, 5-17, 7-14, 7A-11,  11A-12, 11B-11, 11D-9, 
14C-1, 14C-8, 15-31, 18-8.05, 18-11, 18-12, 34-56, 34-73, and 
34-74 as follows:
 



    (105 ILCS 5/2-3.12)  (from Ch. 122, par. 2-3.12)


    Sec. 2-3.12. School building code. To prepare for school 
boards with the
advice of the Department of Public Health, the 
Capital Development Board, and
the State Fire Marshal a school 
building code that will conserve the health and
safety and 
general welfare of the pupils and school personnel and others 
who
use public school facilities.

    The document known as "Efficient and Adequate Standards for 
the Construction
of Schools" applies only to temporary school 
facilities, new school buildings,
and additions to existing 
schools whose construction contracts are awarded
after July 1, 
1965.  On or before July 1, 1967, each school board shall have

its school district buildings that were constructed prior to 
January 1, 1955,
surveyed by an architect or engineer licensed 
in the State of Illinois as to
minimum standards necessary to 
conserve the health and safety of the pupils
enrolled in the 
school buildings of the district.  Buildings constructed

between January 1, 1955 and July 1, 1965, not owned by the 
State of Illinois,
shall be surveyed by an architect or 
engineer licensed in the State of Illinois
beginning 10 years 
after acceptance of the completed building by the school
board.  
Buildings constructed between January 1, 1955 and July 1, 1955 
and
previously exempt under the provisions of Section 35-27 
(now repealed) shall be surveyed prior
to July 1, 1977 by an 
architect or engineer licensed in the State of Illinois.
The 
architect or engineer, using the document known as "Building 
Specifications
for Health and Safety in Public Schools" as a 
guide, shall make a report of the
findings of the survey to the 
school board, giving priority in that report to
fire safety 
problems and recommendations thereon if any such problems 
exist.
The school board of each district so surveyed and 
receiving a
report of needed recommendations to be made to 
improve standards of safety
and health of the pupils enrolled 
has until July 1, 1970, or in case of
buildings not owned by 
the State of Illinois and completed between January
1, 1955 and 
July 1, 1965 or in the case of buildings previously exempt 
under
the provisions of Section 35-27 has a period of 3 years 
after the survey is
commenced, to effectuate those 
recommendations, giving first attention to the
recommendations 
in the survey report having priority status, and is authorized

to levy the tax provided for in Section 17-2.11, according to 
the provisions of
that Section, to make such improvements.  
School boards unable to effectuate
those recommendations prior 
to July 1, 1970, on July 1, 1980 in the case of
buildings 
previously exempt under the provisions of Section 35-27, may 
petition
the State Superintendent of Education upon the 
recommendation of the Regional
Superintendent for an extension 
of time.  The extension of time may be granted
by the State 
Superintendent of Education for a period of one year, but may 
be
extended from year to year provided substantial progress, in 
the opinion of the
State Superintendent of Education, is being 
made toward compliance.
However, for fire protection issues, 
only one one-year extension may be
made, and no other provision 
of this Code or an applicable code may
supersede this 
requirement.
For routine inspections, fire officials shall

provide written notice to the principal of the school to 
schedule
a mutually agreed upon time for the fire safety check.  
However, no more than
2 routine inspections may be made in a 
calendar year.

    Within 2 years after the effective date of this amendatory 
Act of 1983,
and every 10 years thereafter, or at such other 
times as the State Board of
Education deems necessary or the 
regional superintendent so orders, each school
board subject to 
the provisions of this Section shall again survey its school

buildings and effectuate any recommendations in accordance 
with the procedures
set forth herein. An architect or engineer 
licensed in the State of Illinois is
required to conduct the 
surveys under the provisions of this Section and shall
make a 
report of the findings of the survey titled "safety survey 
report" to
the school board.  The school board shall approve the 
safety survey report,
including any recommendations to 
effectuate compliance with the code, and
submit it to the 
Regional Superintendent.  The Regional Superintendent shall

render a decision regarding approval or denial and submit the 
safety survey
report to the State Superintendent of Education.  
The State Superintendent of
Education shall approve or deny the 
report including recommendations to
effectuate compliance with 
the code and, if approved, issue a certificate of
approval. 
Upon receipt of the certificate of approval, the Regional

Superintendent shall issue an order to effect any approved 
recommendations
included in the report.  Items in the report 
shall be prioritized.  Urgent
items shall be considered as those 
items related to life safety problems that
present an immediate 
hazard to the safety of students.  Required items shall be

considered as those items that are necessary for a safe 
environment but present
less of an immediate hazard to the 
safety of students.  Urgent and required
items shall reference a 
specific rule in the code authorized by this Section
that is 
currently being violated or will be violated within the next 12 
months
if the violation is not remedied.  The school board of 
each district so
surveyed and receiving a report of needed 
recommendations to be made to
maintain standards of safety and 
health of the pupils enrolled shall effectuate
the correction 
of urgent items as soon as achievable to ensure the safety of

the students, but in no case more than one year after the date 
of the State
Superintendent of Education's approval of the 
recommendation.
Required items shall be corrected in a timely 
manner, but in
no case more than 5 years from the date of the 
State Superintendent
of
Education's approval of the 
recommendation.  Once each year the school
board shall submit a 
report of progress on completion of any
recommendations to 
effectuate compliance with the code.  For each year that the

school board does not effectuate any or all approved 
recommendations, it shall
petition the Regional Superintendent 
and the State Superintendent of Education
detailing what work 
was completed in the previous year and a work plan for

completion of the remaining work.  If in the judgement of the 
Regional
Superintendent and the State Superintendent of 
Education substantial progress
has been made and just cause has 
been shown by the school board, the petition
for a one year 
extension of time may be approved.

    As soon as practicable, but not later than 2 years after 
the effective date
of this amendatory Act of 1992, the State 
Board of Education shall combine
the document known as 
"Efficient and Adequate Standards for the Construction of

Schools" with the document known as "Building Specifications 
for Health and
Safety in Public Schools" together with any 
modifications or additions that may
be deemed necessary.  The 
combined document shall be known as the "Health/Life
Safety 
Code for Public Schools" and shall be the governing code for 
all
facilities that house public school students or are 
otherwise used for public
school purposes, whether such 
facilities are permanent or temporary and
whether they are 
owned, leased, rented, or otherwise used by the district.

Facilities owned by a school district but that are not used to 
house public
school students or are not used for public school 
purposes shall be
governed by separate provisions within the 
code authorized by this Section.

    The 10 year survey cycle specified in this Section shall 
continue to
apply based upon the standards contained in the 
"Health/Life Safety Code
for Public Schools", which shall 
specify building standards for buildings that
are constructed 
prior to the effective date of this amendatory Act of 1992 and

for buildings that are constructed after that date.

    The "Health/Life Safety Code for Public Schools" shall be 
the governing code
for public schools; however, the provisions 
of this Section shall not preclude
inspection of school 
premises and buildings pursuant to Section 9 of the Fire

Investigation Act, provided that the provisions of the 
"Health/Life Safety Code
for Public Schools", or such 
predecessor document authorized by this Section as
may be 
applicable are used, and provided that those inspections are 
coordinated
with the Regional Superintendent having 
jurisdiction over the public school
facility.
 Nothing in this 
Section shall be construed to prohibit a local fire
department, 
fire protection district, or the Office of the State Fire 
Marshal
from
conducting a fire safety check in a public school.  
Upon being notified by a
fire official that corrective action 
must be taken
to resolve a violation, the school board shall 
take corrective action within
one year. However, violations 
that present imminent danger must be
addressed immediately.

    Any agency having jurisdiction beyond the scope of the 
applicable
document authorized by this Section may issue a 
lawful order to a school board
to effectuate recommendations, 
and the school board receiving the order shall
certify to the 
Regional Superintendent and the State Superintendent of

Education when it has complied with the order.

    The State Board of Education is authorized to adopt any 
rules that are
necessary relating to the administration and 
enforcement of the provisions of
this Section.  The code 
authorized by this Section shall apply only to those
school 
districts having a population of less than 500,000 inhabitants.

(Source: P.A. 92-593, eff. 1-1-03.)


 



    (105 ILCS 5/2-3.62)  (from Ch. 122, par. 2-3.62)


    Sec. 2-3.62. Educational Service Centers. 

    (a) A regional network of educational service centers shall 
be established
by the State Board of Education to coordinate 
and combine existing services in
a manner which is practical 
and efficient and to provide new services to
schools as 
provided in this Section.  Services to be made available by such

centers shall include the planning, implementation and 
evaluation of:


        (1) (blank);


        (2) computer technology education including the 
    evaluation, use and
application of state-of-the-art 
    technology in computer software as provided
in Section 
    2-3.43;


        (3) mathematics, science and reading resources for 
    teachers including
continuing education, inservice 
    training and staff development.

    The centers may provide training, technical assistance, 
coordination and
planning in other program areas such as school 
improvement, school
accountability, career guidance, early 
childhood education, alcohol/drug
education and prevention, 
family life - sex education, electronic transmission
of data 
from school districts to the State, alternative education and 
regional
special education, and telecommunications systems 
that provide distance
learning. Such telecommunications 
systems may be obtained through the
Department of Central 
Management Services pursuant to Section 405-270 of the

Department of Central Management Services Law (20 ILCS 
405/405-270). The programs and services of educational
service 
centers may be offered to private school teachers and private 
school
students within each service center area provided public 
schools have already
been afforded adequate access to such 
programs and services.

    The State Board of Education shall promulgate rules and 
regulations necessary
to implement this Section.  The rules 
shall include detailed standards which
delineate the scope and 
specific content of programs to be provided by each
Educational 
Service Center, as well as the specific planning, 
implementation
and evaluation services to be provided by each 
Center relative to its programs.
 The Board shall also provide 
the standards by which it will evaluate the
programs provided 
by each Center.

    (b) Centers serving Class 1 county school units shall be 
governed by an
11-member board, 3 members of which shall be 
public school teachers
nominated by the local bargaining 
representatives to the appropriate regional
superintendent for 
appointment and no more than 3 members of which shall be
from 
each of the following categories, including but not limited to

superintendents, regional superintendents, school board 
members
and a representative of an institution of higher 
education.  The members of
the board shall be appointed by the 
regional superintendents whose school
districts are served by 
the educational service center.
The composition of the board 
will reflect the revisions of this
amendatory Act of 1989 as 
the terms of office of current members expire.

    (c) The centers shall be of sufficient size and number to 
assure delivery
of services to all local school districts in 
the State.

    (d) From monies appropriated for this program the State 
Board of
Education shall provide grants to qualifying 
Educational Service Centers
applying for such grants in 
accordance with rules and regulations
promulgated by the State 
Board of Education to implement this Section.

    (e) The governing authority of each of the 18 regional 
educational service
centers shall appoint a family life - sex 
education advisory board
consisting of 2 parents, 2 teachers, 2 
school administrators, 2 school
board members, 2 health care 
professionals, one library system
representative, and the 
director of the regional educational service center
who shall 
serve as chairperson of the advisory board so appointed.  
Members
of the family life - sex education advisory boards 
shall serve without
compensation.  Each of the advisory boards 
appointed pursuant to this
subsection shall develop a plan for 
regional teacher-parent family life - sex
education training 
sessions and shall file a written report of such plan
with the 
governing board of their regional educational service center.  
The
directors of each of the regional educational service

centers shall thereupon meet, review each of the reports 
submitted by the
advisory boards and combine those reports into 
a single written report which
they shall file with the Citizens 
Council on School Problems prior to the
end of the regular 
school term of the 1987-1988 school year.

    (f) The 14 educational service centers serving Class I 
county school units
shall be disbanded on the first Monday of 
August, 1995, and their statutory
responsibilities and 
programs shall be assumed by the regional offices of
education, 
subject to rules and regulations developed by
the
State Board 
of Education.  The regional superintendents of schools elected 
by
the voters residing in all Class I counties shall serve as 
the chief
administrators for these programs and services.  By 
rule of the State Board of
Education, the 10 educational 
service regions of
lowest
population shall provide such 
services under cooperative agreements with larger
regions.

(Source: P.A. 93-21, eff. 7-1-03.)


 



    (105 ILCS 5/5-1)  (from Ch. 122, par. 5-1)


    Sec. 5-1. County school units. 

    (a) The territory in each county, exclusive of
any school 
district governed by any special act which requires the 
district
to appoint its own school treasurer, shall constitute 
a county school unit.
County school units of less than 
2,000,000 inhabitants shall be known as
Class I county school 
units and the office of township trustees, where
existing on 
July 1, 1962, in such units shall be abolished on that date and

all books and records of such former township trustees shall be 
forthwith
thereafter transferred to the county board of school 
trustees. County
school units of 2,000,000 or more inhabitants 
shall be known as Class II
county school units and shall retain 
the office of township trustees
unless otherwise provided in 
subsection (b) or (c).

    (b) Notwithstanding subsections (a) and (c), the
school 
board of any elementary school district having a fall, 1989

aggregate enrollment of at least 2,500 but less than 6,500 
pupils and
having boundaries that are coterminous with the 
boundaries of a high school
district, and the school board of 
any high school district having a fall,
1989 aggregate 
enrollment of at least 2,500 but less than 6,500 pupils and

having boundaries that are coterminous with the boundaries of 
an elementary
school district, may, whenever the territory of 
such school district forms
a part of a Class II county school

unit, by proper resolution withdraw such school district from 
the
jurisdiction and authority of the trustees of schools of 
the township in
which such school district is located and from 
the jurisdiction and
authority of the township treasurer in 
such Class II county school unit;
provided that the school 
board of any such school district shall, upon the
adoption and 
passage of such resolution, thereupon elect or appoint its own

school treasurer as provided in Section 8-1.  Upon the adoption 
and passage
of such resolution and the election or appointment 
by the school board of
its own school treasurer: (1) the 
trustees of schools in such township
shall no longer have or 
exercise any powers and duties with respect to the
school 
district governed by such school board or with respect to the 
school
business, operations or assets of such school district; 
and (2) all books
and
records of the township trustees relating 
to the school business and
affairs of such school district 
shall be transferred and delivered to the
school board of such 
school district.  Upon the effective date of this
amendatory Act 
of 1993, the legal title to, and all right, title
and interest

formerly held by the township trustees in any school buildings 
and
school sites
used and occupied by the school board of such 
school district for school
purposes, that legal title, right, 
title and interest thereafter having
been transferred to and 
vested in the regional
board
of school trustees under P.A. 
87-473 until the abolition of that regional
board of school 
trustees by P.A. 87-969, shall be deemed transferred by

operation of law to and shall vest in the school board of that 
school
district.

    (c) Notwithstanding the provisions of subsection (a), the 
offices of
township treasurer and trustee of schools of any 
township located in a Class
II county school unit shall be 
abolished as provided in this subsection
if all of the 
following conditions are met:


        (1) During the same 30 day period, each school board of 
    each
elementary and unit school district that is subject to 
    the jurisdiction and
authority of the township treasurer 
    and trustees of schools of the township
in which those 
    offices are sought to be abolished gives written notice by

    certified mail, return receipt requested to the township 
    treasurer and
trustees of schools of that township of the 
    date of a meeting of the school
board, to be held not more 
    than 90 nor less than 60 days after the date
when the 
    notice is given, at which meeting the school board is to 
    consider
and vote upon the question of whether there shall 
    be submitted to the
electors of the school district a 
    proposition to abolish the offices of
township treasurer 
    and trustee of schools of that township.  None of the

    notices given under this paragraph to the township 
    treasurer and trustees
of schools of a township shall be 
    deemed sufficient or in compliance with
the requirements of 
    this paragraph unless all of those notices are given
within 
    the same 30 day period.


        (2) Each school board of each elementary and unit 
    school district that
is subject to the jurisdiction and 
    authority of the township treasurer and
trustees of schools 
    of the township in which those offices are sought to
be 
    abolished, by the affirmative vote of at least 5 members of 
    the school
board at a school board meeting of which notice 
    is given as required by
paragraph (1) of this subsection, 
    adopts a resolution requiring the
secretary of the school 
    board to certify to the proper election authorities
for 
    submission to the electors of the school district at the 
    next
consolidated election in accordance with the general

    election law a
proposition to abolish the offices of 
    township treasurer and trustee of
schools of that township. 
    None of the resolutions adopted under this
paragraph by any 
    elementary or unit school districts that are subject to
the 
    jurisdiction and authority of the township treasurer and 
    trustees of
schools of the township in which those offices 
    are sought to be abolished
shall be deemed in compliance 
    with the requirements of this paragraph or
sufficient to 
    authorize submission of the proposition to abolish those

    offices to a referendum of the electors in any such school 
    district unless
all of the school boards of all of the 
    elementary and unit school districts
that are subject to 
    the jurisdiction and authority of the township
treasurer 
    and trustees of schools of that township adopt such a 
    resolution
in accordance with the provisions of this 
    paragraph.


        (3) The school boards of all of the elementary and unit 
    school
districts that are subject to the jurisdiction and 
    authority of the
township treasurer and trustees of schools 
    of the township in which those
offices are sought to be 
    abolished submit a proposition to abolish the
offices of 
    township treasurer and trustee of schools of that township 
    to
the electors of their respective school districts at the 
    same consolidated
election in accordance with the general 
    election law, the ballot in each
such district to be in 
    substantially the following form:

    -------------------------------------------------------------

OFFICIAL BALLOT


            Shall the offices of township

            treasurer and                       YES

            trustee of                      -----------------

            schools of Township .....           NO

            Range ..... be abolished?

    -------------------------------------------------------------


        (4) At the consolidated election at which the

    proposition to abolish
the offices of township treasurer 
    and trustee of schools of a township is
submitted to the 
    electors of each elementary and unit school district that

    is subject to the jurisdiction and authority of the 
    township treasurer and
trustee of schools of that township, 
    a majority of the electors voting on
the proposition in 
    each such elementary and unit school district votes in

    favor of the proposition as submitted to them.

    If in each elementary and unit school district that is 
subject to the
jurisdiction and authority of the township 
treasurer and trustees of
schools of the township in which 
those offices are sought to be abolished a
majority of the 
electors in each such district voting at the consolidated

election on the proposition to abolish the offices of township 
treasurer
and trustee of schools of that township votes in 
favor of the proposition
as submitted to them, the proposition 
shall be deemed to have passed; but
if in any such elementary 
or unit school district a majority of the
electors voting on 
that proposition in that district fails to vote in favor
of the 
proposition as submitted to them, then notwithstanding the vote 
of
the electors in any other such elementary or unit school 
district on that
proposition the proposition shall not be 
deemed to have passed in any of
those elementary or unit school 
districts, and the offices of township
treasurer and trustee of 
schools of the township in which those offices
were sought to 
be abolished shall not be abolished, unless in each of those

elementary and unit school districts remaining subject to the 
jurisdiction
and authority of the township treasurer and 
trustees of schools of that
township proceedings are again 
initiated to abolish those offices and all
of the proceedings 
and conditions prescribed in paragraphs (1) through (4)
of this 
subsection are repeated and met in each of those elementary and

unit school districts.

    Notwithstanding the foregoing provisions of this Section 
or any other
provision of the School Code, the offices of 
township treasurer and trustee of
schools of a township that 
has a population of less than 200,000 and that
contains a unit 
school district and is located in a Class II county school unit

shall also be
abolished as provided in this subsection if all 
of the conditions set forth in
paragraphs (1), (2), and (3) of 
this subsection are met
and if the following additional 
condition is met:


        The electors in all of the school districts subject to 
    the jurisdiction and
authority of the township treasurer 
    and trustees of schools of the township in
which those 
    offices are sought to be abolished shall vote at the

    consolidated
election on the proposition to abolish the 
    offices of township treasurer and
trustee of schools of 
    that township.  If a majority of the electors in all of
the 
    school districts combined voting on the proposition vote in 
    favor of the
proposition, then the proposition shall be 
    deemed to have passed; but if a
majority of the electors 
    voting on the proposition in all of the school
district 
    fails to vote in favor of the proposition as submitted to 
    them, then
the proposition shall not be deemed to have 
    passed and the offices of township
treasurer and trustee of 
    schools of the township in which those offices were
sought 
    to be abolished shall not be abolished, unless and until 
    the proceedings
detailed in paragraphs (1) through (3) of 
    this subsection and the conditions
set forth in this 
    paragraph are met.

    If the proposition to abolish the offices of township 
treasurer and
trustee of schools of a township is deemed to 
have passed at the
consolidated election as provided in this 
subsection,
those offices shall be
deemed abolished by 
operation of law effective on January 1
of the
calendar year 
immediately following the calendar year in which that

consolidated election is held, provided that if after the

election, the trustees of schools by resolution elect to 
abolish the offices of
township treasurer and trustee of 
schools effective on July 1 immediately
following the election, 
then the offices shall be abolished on July 1
immediately 
following the election.
On the date that
the offices of 
township treasurer and trustee of schools of a
township are 
deemed abolished by operation of law, the school board of each

elementary and unit school district and the school board of 
each high
school district that is subject to the jurisdiction 
and authority of the
township treasurer and trustees of schools 
of that township at the time
those offices are abolished: (i) 
shall appoint its own school treasurer as
provided in Section 
8-1; and (ii) unless the term of the contract of a
township 
treasurer expires on the date that the office of township

treasurer is abolished, shall pay to the former township 
treasurer its
proportionate share of any aggregate 
compensation that, were the office of
township treasurer not 
abolished at that time, would
have been payable to the former 
township treasurer after that date over the
remainder of the 
term of the contract of the former township treasurer that

began prior to but ends after that date. In addition, on the 
date that the offices of township treasurer and trustee of

schools of a township are deemed abolished as provided in this 
subsection,
the school board of each elementary school, high 
school and unit school
district that until that date is subject 
to the jurisdiction and authority
of the township treasurer and 
trustees of schools of that township shall be
deemed by 
operation of law to have agreed and assumed to pay and, when

determined, shall pay to the Illinois Municipal Retirement
Fund 
a proportionate share of the unfunded liability existing in 
that Fund
at the time these offices are abolished in that

calendar year for all annuities or other benefits then or

thereafter to become payable from that Fund with respect to all 
periods of
service performed prior to that date as a 
participating employee in that
Fund by persons serving during 
those periods of service as a trustee of
schools, township 
treasurer or regular employee in the office of the
township 
treasurer of that township.  That unfunded liability shall be

actuarially determined by the board of trustees of the Illinois 
Municipal
Retirement Fund, and the board of trustees shall 
thereupon notify each
school board required to pay a 
proportionate share of that unfunded
liability of the aggregate 
amount of the unfunded liability so determined.
The amount so 
paid to the Illinois Municipal Retirement Fund by each of
those 
school districts shall be credited to the account of the 
township in
that Fund. For each elementary school, high school 
and unit school district
under the jurisdiction and authority 
of a township treasurer and trustees
of schools of a township 
in which those offices are abolished as provided
in this 
subsection, each such district's proportionate share of the

aggregate compensation payable to the former township 
treasurer as provided
in this paragraph and each such 
district's proportionate share of the
aggregate amount of the 
unfunded liability payable to the Illinois
Municipal 
Retirement Fund as provided in this paragraph shall be computed

in accordance with the ratio that the number of pupils in 
average daily
attendance in each such district as reported in 
schedules prepared under
Section 24-19 for the school year last 
ending prior to the date on which
the offices of township 
treasurer and trustee of schools of that township
are abolished 
bears to the aggregate number of pupils in average daily

attendance in all of those districts as so reported for that 
school year.

    Upon abolition of the offices of township treasurer and 
trustee of
schools of a township as provided in this 
subsection: (i) the regional
board of school trustees, in its 
corporate capacity, shall be deemed the
successor in interest 
to the former trustees of schools of that township
with respect 
to the common school lands and township loanable funds of the

township; (ii) all right, title and interest existing or vested 
in the
former trustees of schools of that township in the 
common school lands and
township loanable funds of the 
township, and all records, moneys,
securities and other assets, 
rights of property and causes of action
pertaining to or 
constituting a part of those common school lands or
township 
loanable funds, shall be transferred to and deemed vested by

operation of law in the regional board of school trustees, 
which shall hold
legal title to, manage and operate all common 
school lands and township
loanable funds of the township, 
receive the rents, issues and profits
therefrom, and have and 
exercise with respect thereto the same powers and
duties as are 
provided by this Code to be exercised by regional boards of

school trustees when acting as township land commissioners in 
counties
having at least 220,000 but fewer than 2,000,000 
inhabitants; (iii) the
regional board of school trustees shall 
select to serve as its treasurer
with respect to the common 
school lands and township loanable funds of the
township a 
person from time to time also serving as the appointed school

treasurer of any school district that was subject to the 
jurisdiction and
authority of the township treasurer and 
trustees of schools of that
township at the time those offices 
were abolished, and the person selected
to also serve as 
treasurer of the regional board of school trustees shall
have 
his compensation for services in that capacity fixed by the 
regional
board of school trustees, to be paid from the township 
loanable funds, and
shall make to the regional board of school 
trustees the reports required to be
made by treasurers of 
township land commissioners, give bond as required by

treasurers of township land commissioners, and perform the 
duties and
exercise the powers of treasurers of township land 
commissioners; (iv) the
regional board of school trustees shall 
designate in the manner provided by
Section 8-7, insofar as 
applicable, a depositary for its treasurer, and the
proceeds of 
all rents, issues and profits from the common school lands and

township loanable funds of that township shall be deposited and 
held in the
account maintained for those purposes with that 
depositary and shall be
expended and distributed therefrom as 
provided in Section 15-24 and other
applicable provisions of 
this Code; and (v) whenever there is vested in the
trustees of 
schools of a township at the time that office is abolished

under this subsection the legal title to any school buildings 
or school
sites used or occupied for school purposes by any 
elementary school, high
school or unit school district subject 
to the jurisdiction and authority of
those trustees of school 
at the time that office is abolished, the legal
title to those 
school buildings and school sites shall be deemed
transferred 
by operation of law to and invested in the
school board of that 
school district, in its corporate
capacity Section 7-28, the

same to be held, sold, exchanged leased or otherwise 
transferred in
accordance with applicable provisions of this 
Code.

    Notwithstanding Section 2-3.25g of this Code, a waiver of a 
mandate
established under this Section may not be requested.

(Source: P.A. 91-269, eff. 7-23-99; 92-448, eff. 8-21-01.)


 



    (105 ILCS 5/5-17)  (from Ch. 122, par. 5-17)


    Sec. 5-17. Payment of claims - Apportionment and 
distribution of
funds. At the regular meetings, the trustees 
shall appropriate and pay
from the income of the permanent 
township fund, if it is sufficient, all
valid claims for the 
following:


        1.  The compensation of the treasurer.


        2.  The cost of publishing the annual statement.


        3.  The cost of a record book, if any.


        4.  The cost of dividing school lands and making plats.

    If the income of the permanent township fund is not 
sufficient to
meet such items the additional amount needed may 
be taken from the total
of other funds subject to distribution, 
each district -- exclusive of
any district which has withdrawn 
from the jurisdiction and authority of the
trustees of schools 
of the township and which has elected or appointed its
own 
school treasurer as provided in subsection (b) of Section
5-1 -
- being charged as its share of such items the proportion 
which the
amount of school funds of the district handled by the 
township treasurer
bears to the total amount of all school 
funds handled by such treasurer.

    In Class II county school units (excluding therefrom, 
however, any
township therein in which the offices of township 
treasurer and trustee of
schools have been abolished as 
provided in subsection (c) of Section 5-1)
if any balance of 
the income from the
permanent township fund in any township 
remains after paying such items,
such balance shall be 
apportioned and distributed to the districts and
parts of 
districts in the township -- including any district which has

withdrawn from the jurisdiction and authority of the trustees 
of schools of
the township and which has elected or appointed 
its own school treasurer as
provided in subsection (b) of 
Section 5-1 -- in which schools
have been kept as required by 
law during the preceding year ending June 30,
according to the 
number of pupils in average daily attendance in grades one to

eight inclusive as reported in schedules prepared under Section 
24-19. At the
semi-annual meetings in all such townships all 
remaining funds subject
to distribution shall be apportioned 
and distributed to the districts
and parts of districts in the 
township in which schools have been kept
as required by law 
during the preceding year ending June 30, in the
manner and 
subject to the limitations prescribed in Sections 18-2
through 
18-11 for the distribution of the common school fund among the

counties, provided that -- except for any balance of the income 
from the
permanent township fund remaining after payment of the 
items set forth in
subparagraphs 1, 2, 3 and 4 of this Section -
- no funds shall be
apportioned or distributed to any school 
district which has withdrawn from
the jurisdiction and 
authority of the trustees of schools and appointed its
own 
school treasurer pursuant to Section 5-1; and the trustees 
shall
direct the treasurer to make a regular monthly 
apportionment and
distribution between semi-annual meetings, 
in the manner prescribed by
those sections, of any available 
funds on hand from the common school fund.
The funds 
distributed shall be credited to the respective districts and

parts of districts.

    In Class I county school units and in any township forming 
a part of
a Class II county school unit in which township the 
offices of township
treasurer and trustee of schools have been 
abolished as provided in
subsection (c) of Section 5-1, if any 
balance of income from the
permanent township fund in any 
township remains after paying such items,
such balance or a 
part thereof equal to but not greater than the then
current tax 
levy or tax levies for common school purposes by all the
school 
districts or parts of school districts in said township on

property in said township in process of collection in the 
county wherein
the township having such fund is located, shall, 
upon an order drawn by
the treasurer and signed by the 
president and secretary of the township land
commissioners or 
regional board of school trustees, be paid annually on
or 
before February 1 to the County
Treasurer of the county in 
which such township is situated. It shall
then be the duty of 
the County Treasurer to apply and credit the sum so
received 
upon all tax bills for school purposes of the taxpayers in the

township, said sum to be applied and credited proportionately 
upon the
basis of the value of assessed property represented by 
each such tax
bill. Any sum received by the County Treasurer in 
excess of the amount
required to discharge in full the amount 
of all taxes for school
purposes so extended against taxable 
property within the township shall
be held by the County 
Treasurer and applied to taxes subsequently
extended for such 
purposes: Provided, that if a petition, signed by at
least 5% 
of the legal voters of the township, is presented to the 
regional
superintendent of schools of the educational service 
region
in which the township is located
requesting a vote on 
the proposition that such balance of the income
from the 
permanent township fund shall be apportioned and distributed to

the districts and parts of districts in the township in which 
schools
have been kept as required by law during the preceding 
year ending June
30, according to the number of pupils in 
average daily attendance in
grades one to eight, inclusive, as 
reported in schedules prepared pursuant
to Section 24-19 upon 
an order drawn by the treasurer and signed by the
president and 
secretary of the township land commissioners or regional
board 
of school trustees, to be paid annually
on or before February 
1, the regional superintendent of schools shall certify
to the 
proper election authority the proposition for submission to the

voters of the township in accordance with the general election 
law.
The treasurer shall cause a copy of the order to be 
published in one or
more newspapers published in the county 
school unit within 10 days after
the order is drawn. If no 
newspaper is published in the county school unit,
the order 
shall be published in a newspaper having general circulation

within the county school unit. The publication of the order 
shall include a
notice of (1) the specific number of voters 
required to sign a petition
requesting that the proposition to 
apportion and distribute to the several
school districts the 
excess of the income from the permanent township fund
be 
submitted to the voters of the township; (2) the time within 
which
the petition must be filed; and
(3) the date of the 
prospective referendum. The treasurer shall provide a
petition 
form to any individual requesting one. If the proposition 
receives
a majority of the votes cast thereon, it shall 
supersede the preceding
provisions for the distribution of such 
balance.

(Source: P.A. 86-1253; 86-1441; 87-435; 87-473.)


 



    (105 ILCS 5/7-14)  (from Ch. 122, par. 7-14)


    Sec. 7-14. Bonded indebtedness-Tax rate. 

    (a) Except as provided in subsection (b), whenever the 
boundaries of any
school district are changed by the annexation 
or detachment of territory, each
such district as it exists on 
and after such action shall assume the bonded
indebtedness, as 
well as financial obligations to the Capital Development Board

pursuant to Section 35-15 (now repealed) of this
the School

Code, of all the territory included
therein after such change.  
The tax rate for bonded indebtedness shall be
determined in the 
manner provided in Section 19-7 of this Act, except the
County 
Clerk shall annually extend taxes against all the taxable 
property
situated in the county and contained in each such 
district as it exists after
the action.  Notwithstanding the 
provisions of this subsection, if the
boundaries of a school 
district are changed by annexation or detachment of
territory 
after June 30, 1987, and prior to September 15, 1987, and if 
the
school district to which territory is being annexed has no 
outstanding
bonded indebtedness on the date such annexation 
occurs, then the annexing
school district shall not be liable 
for any bonded indebtedness of the
district from which the 
territory is detached, and the school district from
which the 
territory is detached shall remain liable for all of its bonded

indebtedness.

    (b) Whenever a school district with bonded indebtedness has 
become dissolved
under this Article and its territory annexed 
to another district, the
annexing district or districts shall 
not, except by action pursuant to
resolution of the school 
board of the annexing district prior to the effective
date of 
the annexation, assume the bonded indebtedness of the dissolved

district; nor,  except by action pursuant to resolution of the 
school
board of the dissolving district, shall the territory of 
the dissolved
district assume the bonded indebtedness of the 
annexing district or districts.
If the annexing district or 
districts do not assume the bonded indebtedness of
the 
dissolved district, a tax rate for the bonded indebtedness 
shall be
determined in the manner provided in Section 19-7, and 
the county clerk or
clerks shall annually extend taxes for each 
outstanding bond issue against
all the taxable property that 
was situated within the boundaries of the
district as the 
boundaries existed at the time of the issuance of each bond

issue regardless of whether the property is still contained in 
that same
district at the time of the extension of the taxes by 
the county clerk
or clerks.

(Source: P.A. 87-107; 87-1120; 87-1215; 88-45.)


 



    (105 ILCS 5/7A-11)  (from Ch. 122, par. 7A-11)


    Sec. 7A-11. Assets, liabilities and bonded indebtedness - 
Tax rate. 

    (a) Upon the effective date of the change as provided in 
Section 7A-8, and
subject to the provisions of subsection (b) 
of this Section 7A-11, the
newly created elementary school 
district shall receive all the assets and
assume all the 
liabilities and obligations of the dissolved unit school

district, including all the bonded indebtedness of the 
dissolved unit
school district and its financial obligations to 
the Capital Development
Board pursuant to Section 35-15 (now 
repealed).

    (b) Notwithstanding the provisions of subsection (a) of 
this Section,
upon the stipulation of the school board of the 
annexing high school
district and either the school board of 
the unit school district prior to
the effective date of its 
dissolution, or thereafter of the school board of
the newly 
created elementary school district, and with the approval in

either case of the regional superintendent of schools of the 
educational
service region in which the territory described in 
the petition filed under
this Article or the greater portion of 
the equalized assessed valuation of
such territory is situated, 
the assets, liabilities and obligations of the
dissolved unit 
school district, including all the bonded indebtedness of
the 
dissolved unit school district and its financial obligations to 
the
Capital Development Board pursuant to Section 35-15 (now 
repealed), may be divided and
assumed between and by such newly 
created elementary school district and
the annexing high school 
district in accordance with the terms and
provisions of such 
stipulation and approval.  In such event, the provisions
of 
Section 19-29, as now or hereafter amended, shall be applied to

determine the debt incurring power of the newly created 
elementary school
district and of the contiguous annexing high 
school district.

    (c) Without regard to whether the receipt of assets and the 
assumption
of liabilities and obligations of the dissolved unit 
school district is
determined pursuant to subsection (a) or (b) 
of this Section, the tax rate
for bonded indebtedness shall be 
determined in the manner provided in
Section 19-7; and 
notwithstanding the creation of such new elementary
school 
district, the county clerk or clerks shall annually extend 
taxes for
each outstanding bond issue against all the taxable 
property that was
situated within the boundaries of the 
dissolved unit school district as
such boundaries existed at 
the time of the issuance of each such bond
issue, regardless of 
whether such property was still contained in that unit
school 
district at the time of its dissolution and regardless of 
whether
such property is contained in the newly created 
elementary school district
at the time of the extension of such 
taxes by the county clerk or clerks.

(Source: P.A. 86-1028.)


 



    (105 ILCS 5/11A-12)  (from Ch. 122, par. 11A-12)


    Sec. 11A-12. Bonded indebtedness - Tax rate. 

    (a) Except as provided in subsection (b), whenever a new 
district
is created under the provisions of this Article, each

such district as
it exists on and after such action shall 
assume the financial obligations
to the Capital Development 
Board, pursuant to Section 35-15 (now repealed) of this
the

School
Code and the Capital Development Board Act, of all the 
territory included
therein after such change, and the 
outstanding bonded indebtedness shall
be treated as 
hereinafter provided in this Section and in Section 19-29
of 
this Act. The tax rate for bonded indebtedness shall be 
determined in
the manner provided in Section 19-7 of this Act, 
and notwithstanding the
creation of any such new district, the 
County Clerk or Clerks shall annually
extend taxes for each 
outstanding bond issue against all the taxable property
that 
was situated within the boundaries of the district as such 
boundaries
existed at the time of the issuance of each such 
bond issue regardless of
whether such property is still 
contained
in that same district at the time of the extension of 
such taxes by the
County Clerk or Clerks.

    (b) Whenever the entire territory of 2 or more school 
districts is
organized into a community unit school district 
pursuant to a petition filed
under this Article, the petition 
may provide that the entire territory of the
new community unit 
school district shall assume the bonded indebtedness of the

previously existing school district.  In that case the tax rate 
for bonded
indebtedness shall be determined in the manner 
provided in Section 19-7 of this
Act, except the County Clerk 
shall annually extend taxes for each outstanding
bond issue 
against all the taxable property situated in the new community 
unit
school district as it exists after the organization.

(Source: P.A. 88-555, eff. 7-27-94.)


 



    (105 ILCS 5/11B-11)  (from Ch. 122, par. 11B-11)


    Sec. 11B-11. Bonded indebtedness - Tax rate. Whenever a new 
district
is created under any of the provisions of this Act, 
each such district as
it exists on and after such
action shall 
assume the financial obligations
to the Capital Development 
Board, pursuant to Section 35-15 (now repealed) of this
"The 
School
Code" and the Capital Development Board Act, of all the 
territory included
therein after such change, and the 
outstanding bonded indebtedness shall
be treated as 
hereinafter provided in this Section and in Section 19-29
of 
this Act.  The tax rate for bonded indebtedness shall be 
determined in
the manner provided in Section 19-7 of this Act, 
and notwithstanding the
creation of any such new district, the 
County Clerk or Clerks shall annually
extend taxes for each 
outstanding bond issue against all the taxable property
that 
was situated within the boundaries of the district as such 
boundaries
existed at the time of the issuance of each such 
bond issue regardless of
whether such property is still 
contained
in that same district at the time of the extension of 
such taxes by the
County Clerk or Clerks.

(Source: P.A. 83-686.)


 



    (105 ILCS 5/11D-9)  (from Ch. 122, par. 11D-9)


    Sec. 11D-9. Bonded indebtedness; tax rate. Whenever new 
districts
are created under any of the provisions of this 
Article, each such district as
it exists on and after such 
action shall assume the financial obligations
to the Capital 
Development Board, pursuant to Section 35-15 (now repealed) of 
this
The School
Code and the Capital Development Board Act, of 
all the territory included
therein after such change, and the 
outstanding bonded indebtedness shall
be treated as provided in 
this Section and in Section 19-29
of this Act. The tax rate for 
bonded indebtedness shall be determined in
the manner provided 
in Section 19-7 of this Act, and notwithstanding the
creation 
of any such new districts, the county clerk or clerks shall 
annually
extend taxes for each outstanding bond issue against 
all the taxable property
that was situated within the 
boundaries of each district as such boundaries
existed at the 
time of the issuance of each such bond issue, regardless of

whether such property is still contained in that same district 
at the time
of the extension of such taxes by the county clerk 
or clerks.

(Source: P.A. 86-1334.)


 



    (105 ILCS 5/14C-1)  (from Ch. 122, par. 14C-1)


    Sec. 14C-1. 

    The General Assembly finds that there are large numbers of 
children in
this State who come from environments where the 
primary language is other
than English. Experience has shown 
that public school classes in which
instruction is given only 
in English are often inadequate for the education
of children 
whose native tongue is another language. The General Assembly

believes that a program of transitional bilingual education can 
meet the
needs of these children and facilitate their 
integration into the regular
public school curriculum. 
Therefore, pursuant to the policy of this State
to insure equal 
educational opportunity to every child, and in recognition
of 
the educational needs of children of limited English-speaking 
ability,
and in recognition of the success of the limited 
existing bilingual
programs conducted pursuant to Sections 
10-22.38a and 34-18.2 of The School
Code, it is the purpose of 
this Act to provide for the establishment of
transitional 
bilingual education programs in the public schools, and to

provide supplemental financial assistance to help local school 
districts
meet the extra costs of such programs.

(Source: P.A. 78-727.)

 



    (105 ILCS 5/14C-8)  (from Ch. 122, par. 14C-8)


    Sec. 14C-8. Teacher certification - Qualifications - 
Issuance of
certificates.  No person shall be eligible
for 
employment by a school district as a teacher of transitional

bilingual education without either (a) holding a valid teaching 
certificate
issued pursuant to Article 21 of this Code and 
meeting such additional language
and course requirements as 
prescribed by the State Board of Education or
(b) meeting the 
requirements
set forth in this Section.
The Certification Board 
shall issue certificates
valid for teaching in all grades of 
the common school in
transitional bilingual education programs 
to any person
who presents it with satisfactory evidence that 
he
possesses an adequate speaking and reading ability in a

language other than English in which transitional bilingual

education is offered and communicative skills in
English, and 
possessed within 5 years previous to his or her
applying
for a 
certificate under this Section a valid teaching
certificate 
issued by a foreign country, or by a State or
possession or 
territory of the United States, or other evidence
of teaching 
preparation as may be determined to be
sufficient by the 
Certification Board, or holds
a degree from an institution of 
higher learning in a foreign country
which the Certification 
Board determines to be the equivalent of a
bachelor's degree 
from a recognized
institution of higher learning in the
United 
States; provided that any
person seeking a certificate under 
this
Section must meet the following additional requirements:

    (1) Such persons must be in good health;

    (2) Such persons must be of sound moral character;

    (3) Such persons must be legally present in the
United 
States and possess legal authorization for employment;

    (4) Such persons must not be employed to replace
any 
presently employed teacher who otherwise would not be
replaced 
for any reason.

    Certificates issuable pursuant to
this Section shall be 
issuable only during the 5 years
immediately following the 
effective date of this Act and
thereafter for additional 
periods of one year only upon
a determination by the State 
Board of Education that a
school district lacks the number of 
teachers necessary to
comply with the mandatory requirements of 
Section
Sections 14C-2.1
and 14C-3 of this Article for the 
establishment and maintenance
of programs of transitional 
bilingual education
and said certificates issued by the 
Certification Board
shall be valid for a period of 6 years 
following their
date of issuance and shall not be renewed, 
except that one renewal for
a period of two years may be 
granted if necessary to permit the holder of
a certificate 
issued under this Section to acquire a teaching certificate

pursuant to Article 21 of this Code.  Such certificates
and the 
persons to whom they are issued shall be exempt
from the 
provisions of Article 21 of this Code except
that Sections 
21-12, 21-13, 21-16, 21-17, 21-19, 21-21,
21-22, 21-23 and 
21-24 shall continue to be applicable to
all such certificates.

    After the effective date of this amendatory Act of 1984, an 
additional
renewal for a period to expire August 31, 1985, may 
be granted. The State
Board of Education shall report to the 
General Assembly on or before
January 31, 1985 its 
recommendations for the qualification of teachers of
bilingual 
education and for the qualification of teachers of English as a

second language. Said qualification program shall take effect 
no later than
August 31, 1985.

    Beginning July 1, 2001, the State Board of Education shall 
implement a test
or
tests to assess the speaking, reading, 
writing, and grammar skills of
applicants for a
certificate 
issued under this Section in the English language and in the

language of the
transitional bilingual education program 
requested by the applicant and shall
establish
appropriate fees 
for these tests.  The State Board of Education, in
consultation 
with the
Certification Board, shall promulgate rules to 
implement the required tests,
including
specific provisions to 
govern test selection, test validation,
determination of a 
passing
score, administration of the test or tests, frequency 
of administration,
applicant fees,
identification requirements 
for test takers, frequency of applicants taking the
tests, the

years for which a score is valid, waiving tests for individuals 
who have
satisfactorily
passed other tests, and the 
consequences of dishonest conduct in the
application for or

taking of the tests.

    If the qualifications of an applicant for a certificate 
valid for
teaching in transitional bilingual education 
programs in all grades of the
common schools do not meet the 
requirements established for the issuance of
that certificate, 
the Certification Board nevertheless shall issue the
applicant 
a substitute teacher's certificate under Section 21-9
whenever 
it appears from the face of the
application submitted for 
certification as a teacher of transitional
bilingual education 
and the evidence presented in support thereof that the

applicant's qualifications meet the requirements established 
for the
issuance of a certificate under Section 21-9; provided, 
that if it
does not appear from the face of such application 
and supporting evidence
that the applicant is qualified for 
issuance of a certificate under Section
21-9 the Certification 
Board shall evaluate the application with
reference to the 
requirements for issuance of certificates under Section
21-9 
and shall inform the applicant, at the time it denies the

application submitted for
certification as a teacher of 
transitional bilingual education, of the
additional 
qualifications which the applicant must possess in order to 
meet
the requirements established for issuance of (i) a 
certificate valid for
teaching in transitional bilingual 
education programs in all grades of the
common schools and (ii) 
a substitute teacher's certificate under Section 21-9.

(Source: P.A. 91-370, eff. 7-30-99.)

 



    (105 ILCS 5/15-31)  (from Ch. 122, par. 15-31)


    Sec. 15-31. Disposition of funds upon liquidation of 
permanent funds. 

    Any funds received as the result of the liquidation of the 
permanent
funds belonging to any school township shall after 
the payment of the
necessary expenses connected therewith be 
apportioned and distributed to
the school districts or parts of 
districts of such township -- including,
in the case of the 
liquidation of the permanent funds belonging to any
school 
township in a Class II county school unit, any school district

located in such township which theretofore withdrew from the 
jurisdiction
and authority of the trustees of schools of that 
township and from the
jurisdiction and authority of the 
township treasurer as provided in
subsection (b) of Section 5-1 -
- in which
schools have been kept as required by law during 
the preceding year ending
June 30 according to the number of 
pupils in average daily attendance in
grades one to eight, each 
inclusive, as reported in schedules prepared
under Section 
24-19 of this Act, and upon the completion of such
liquidation 
and distribution and the submission of all reports required by

law the office of township land commissioners and their 
treasurer in such
township shall terminate.

(Source: P.A. 86-1441.)

 



    (105 ILCS 5/18-8.05)



    Sec. 18-8.05. Basis for apportionment of general State 
financial aid and
supplemental general State aid to the common 
schools for the 1998-1999 and
subsequent school years.

 

(A) General Provisions.

    (1) The provisions of this Section apply to the 1998-1999 
and subsequent
school years.  The system of general State 
financial aid provided for in this
Section
is designed to 
assure that, through a combination of State financial aid and

required local resources, the financial support provided each 
pupil in Average
Daily Attendance equals or exceeds a

prescribed per pupil Foundation Level.  This formula approach 
imputes a level
of per pupil Available Local Resources and 
provides for the basis to calculate
a per pupil level of 
general State financial aid that, when added to Available
Local 
Resources, equals or exceeds the Foundation Level.  The
amount 
of per pupil general State financial aid for school districts, 
in
general, varies in inverse
relation to Available Local 
Resources.  Per pupil amounts are based upon
each school 
district's Average Daily Attendance as that term is defined in 
this
Section.

    (2) In addition to general State financial aid, school 
districts with
specified levels or concentrations of pupils 
from low income households are
eligible to receive supplemental 
general State financial aid grants as provided
pursuant to 
subsection (H).
The supplemental State aid grants provided for 
school districts under
subsection (H) shall be appropriated for 
distribution to school districts as
part of the same line item 
in which the general State financial aid of school
districts is 
appropriated under this Section.

    (3) To receive financial assistance under this Section, 
school districts
are required to file claims with the State 
Board of Education, subject to the
following requirements:


        (a) Any school district which fails for any given 
    school year to maintain
school as required by law, or to 
    maintain a recognized school is not
eligible to file for 
    such school year any claim upon the Common School
Fund.  In 
    case of nonrecognition of one or more attendance centers in 
    a
school district otherwise operating recognized schools, 
    the claim of the
district shall be reduced in the 
    proportion which the Average Daily
Attendance in the 
    attendance center or centers bear to the Average Daily

    Attendance in the school district.  A "recognized school" 
    means any
public school which meets the standards as 
    established for recognition
by the State Board of 
    Education.  A school district or attendance center
not 
    having recognition status at the end of a school term is 
    entitled to
receive State aid payments due upon a legal 
    claim which was filed while
it was recognized.


        (b) School district claims filed under this Section are 
    subject to
Sections 18-9, 18-10, and 18-12, except as 
    otherwise provided in this
Section.


        (c) If a school district operates a full year school 
    under Section
10-19.1, the general State aid to the school 
    district shall be determined
by the State Board of 
    Education in accordance with this Section as near as
may be 
    applicable.


        (d) (Blank).

    (4) Except as provided in subsections (H) and (L), the 
board of any district
receiving any of the grants provided for 
in this Section may apply those funds
to any fund so received 
for which that board is authorized to make expenditures
by law.

    School districts are not required to exert a minimum 
Operating Tax Rate in
order to qualify for assistance under 
this Section.

    (5) As used in this Section the following terms, when 
capitalized, shall
have the meaning ascribed herein:


        (a) "Average Daily Attendance":  A count of pupil 
    attendance in school,
averaged as provided for in 
    subsection (C) and utilized in deriving per pupil
financial 
    support levels.


        (b) "Available Local Resources":  A computation of 
    local financial
support, calculated on the basis of Average 
    Daily Attendance and derived as
provided pursuant to 
    subsection (D).


        (c) "Corporate Personal Property Replacement Taxes":  
    Funds paid to local
school districts pursuant to "An Act in 
    relation to the abolition of ad valorem
personal property 
    tax and the replacement of revenues lost thereby, and

    amending and repealing certain Acts and parts of Acts in 
    connection therewith",
certified August 14, 1979, as 
    amended (Public Act 81-1st S.S.-1).


        (d) "Foundation Level":  A prescribed level of per pupil 
    financial support
as provided for in subsection (B).


        (e) "Operating Tax Rate":  All school district property 
    taxes extended for
all purposes, except Bond and
Interest, 
    Summer School, Rent, Capital Improvement, and Vocational 
    Education
Building purposes.

 

(B) Foundation Level.

    (1) The Foundation Level is a figure established by the 
State representing
the minimum level of per pupil financial 
support that should be available to
provide for the basic 
education of each pupil in
Average Daily Attendance.  As set 
forth in this Section, each school district
is assumed to exert

a sufficient local taxing effort such that, in combination with 
the aggregate
of general State
financial aid provided the 
district, an aggregate of State and local resources
are 
available to meet
the basic education needs of pupils in the 
district.

    (2) For the 1998-1999 school year, the Foundation Level of 
support is
$4,225.  For the 1999-2000 school year, the 
Foundation Level of support is
$4,325.  For the 2000-2001 school 
year, the Foundation Level of support is
$4,425. For the 
2001-2002 school year and 2002-2003 school year, the
Foundation 
Level of support is $4,560. For the 2003-2004 school year, the 
Foundation Level of support is $4,810.

    (3) For the 2004-2005 school year and each school year 
thereafter,
the Foundation Level of support is $4,964 $5,060 or 
such greater amount as
may be established by law by the General 
Assembly.

 

(C) Average Daily Attendance.

    (1) For purposes of calculating general State aid pursuant 
to subsection
(E), an Average Daily Attendance figure shall be 
utilized.  The Average Daily
Attendance figure for formula

calculation purposes shall be the monthly average of the actual 
number of
pupils in attendance of
each school district, as 
further averaged for the best 3 months of pupil
attendance for 
each
school district.  In compiling the figures for the number 
of pupils in
attendance, school districts
and the State Board 
of Education shall, for purposes of general State aid
funding, 
conform
attendance figures to the requirements of subsection 
(F).

    (2) The Average Daily Attendance figures utilized in 
subsection (E) shall be
the requisite attendance data for the 
school year immediately preceding
the
school year for which 
general State aid is being calculated
or the average of the 
attendance data for the 3 preceding school
years, whichever is 
greater.  The Average Daily Attendance figures
utilized in 
subsection (H) shall be the requisite attendance data for the

school year immediately preceding the school year for which 
general
State aid is being calculated.

 

(D) Available Local Resources.

    (1) For purposes of calculating general State aid pursuant 
to subsection
(E), a representation of Available Local 
Resources per pupil, as that term is
defined and determined in 
this subsection, shall be utilized.  Available Local
Resources 
per pupil shall include a calculated
dollar amount representing 
local school district revenues from local property
taxes and 
from
Corporate Personal Property Replacement Taxes, expressed 
on the basis of pupils
in Average
Daily Attendance. Calculation 
of Available Local Resources shall exclude any tax amnesty 
funds received as a result of Public Act 93-26.

    (2) In determining a school district's revenue from local 
property taxes,
the State Board of Education shall utilize the 
equalized assessed valuation of
all taxable property of each 
school
district as of September 30 of the previous year.  The 
equalized assessed
valuation utilized shall
be obtained and 
determined as provided in subsection (G).

    (3) For school districts maintaining grades kindergarten 
through 12, local
property tax
revenues per pupil shall be 
calculated as the product of the applicable
equalized assessed

valuation for the district multiplied by 3.00%, and divided by 
the district's
Average Daily
Attendance figure.  For school 
districts maintaining grades kindergarten
through 8, local

property tax revenues per pupil shall be calculated as the 
product of the
applicable equalized
assessed valuation for the 
district multiplied by 2.30%, and divided by the
district's 
Average
Daily Attendance figure.  For school districts 
maintaining grades 9 through 12,
local property
tax revenues 
per pupil shall be the applicable equalized assessed valuation 
of
the district
multiplied by 1.05%, and divided by the 
district's Average Daily
Attendance
figure.

    (4) The Corporate Personal Property Replacement Taxes paid 
to each school
district during the calendar year 2 years before 
the calendar year in which a
school year begins, divided by the 
Average Daily Attendance figure for that
district, shall be 
added to the local property tax revenues per pupil as
derived 
by the application of the immediately preceding paragraph (3).  
The sum
of these per pupil figures for each school district 
shall constitute Available
Local Resources as that term is 
utilized in subsection (E) in the calculation
of general State 
aid.

 

(E) Computation of General State Aid.

    (1) For each school year, the amount of general State aid 
allotted to a
school district shall be computed by the State 
Board of Education as provided
in this subsection.

    (2) For any school district for which Available Local 
Resources per pupil
is less than the product of 0.93 times the 
Foundation Level, general State aid
for that district shall be 
calculated as an amount equal to the Foundation
Level minus 
Available Local Resources, multiplied by the Average Daily

Attendance of the school district.

    (3) For any school district for which Available Local 
Resources per pupil
is equal to or greater than the product of 
0.93 times the Foundation Level and
less than the product of 
1.75 times the Foundation Level, the general State aid
per 
pupil shall be a decimal proportion of the Foundation Level 
derived using a
linear algorithm.  Under this linear algorithm, 
the calculated general State
aid per pupil shall decline in 
direct linear fashion from 0.07 times the
Foundation Level for 
a school district with Available Local Resources equal to
the 
product of 0.93 times the Foundation Level, to 0.05 times the 
Foundation
Level for a school district with Available Local 
Resources equal to the product
of 1.75 times the Foundation 
Level.  The allocation of general
State aid for school districts 
subject to this paragraph 3 shall be the
calculated general 
State aid
per pupil figure multiplied by the Average Daily 
Attendance of the school
district.

    (4) For any school district for which Available Local 
Resources per pupil
equals or exceeds the product of 1.75 times 
the Foundation Level, the general
State aid for the school 
district shall be calculated as the product of $218
multiplied 
by the Average Daily Attendance of the school
district.

    (5) The amount of general State aid allocated to a school 
district for
the 1999-2000 school year meeting the requirements 
set forth in paragraph (4)
of subsection
(G) shall be increased 
by an amount equal to the general State aid that
would have 
been received by the district for the 1998-1999 school year by

utilizing the Extension Limitation Equalized Assessed 
Valuation as calculated
in paragraph (4) of subsection (G) less 
the general State aid allotted for the
1998-1999
school year.  
This amount shall be deemed a one time increase, and shall not

affect any future general State aid allocations.

 

(F) Compilation of Average Daily Attendance.

    (1) Each school district shall, by July 1 of each year, 
submit to the State
Board of Education, on forms prescribed by 
the State Board of Education,
attendance figures for the school 
year that began in the preceding calendar
year.  The attendance 
information so transmitted shall identify the average
daily 
attendance figures for each month of the school year.  Beginning 
with
the general State aid claim form for the 2002-2003 school

year, districts shall calculate Average Daily Attendance as 
provided in
subdivisions (a), (b), and (c) of this paragraph 
(1).


        (a) In districts that do not hold year-round classes,

    days of attendance in August shall be added to the month of 
    September and any
days of attendance in June shall be added 
    to the month of May.


        (b) In districts in which all buildings hold year-round 
    classes,
days of attendance in July and August shall be 
    added to the month
of September and any days of attendance 
    in June shall be added to
the month of May.


        (c) In districts in which some buildings, but not all, 
    hold
year-round classes, for the non-year-round buildings, 
    days of
attendance in August shall be added to the month of 
    September
and any days of attendance in June shall be added 
    to the month of
May. The average daily attendance for the 
    year-round buildings
shall be computed as provided in 
    subdivision (b) of this paragraph
(1). To calculate the 
    Average Daily Attendance for the district, the
average 
    daily attendance for the year-round buildings shall be

    multiplied by the days in session for the non-year-round 
    buildings
for each month and added to the monthly 
    attendance of the
non-year-round buildings.

    Except as otherwise provided in this Section, days of

attendance by pupils shall be counted only for sessions of not 
less than
5 clock hours of school work per day under direct 
supervision of: (i)
teachers, or (ii) non-teaching personnel or 
volunteer personnel when engaging
in non-teaching duties and 
supervising in those instances specified in
subsection (a) of 
Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils 
of legal school age and in kindergarten and grades 1 through 
12.

    Days of attendance by tuition pupils shall be accredited 
only to the
districts that pay the tuition to a recognized 
school.

    (2) Days of attendance by pupils of less than 5 clock hours 
of school
shall be subject to the following provisions in the 
compilation of Average
Daily Attendance.


        (a) Pupils regularly enrolled in a public school for 
    only a part of
the school day may be counted on the basis 
    of 1/6 day for every class hour
of instruction of 40 
    minutes or more attended pursuant to such enrollment,

    unless a pupil is
enrolled in a block-schedule format of 80 
    minutes or more of instruction,
in which case the pupil may 
    be counted on the basis of the proportion of
minutes of 
    school work completed each day to the minimum number of

    minutes that school work is required to be held that day.


        (b) Days of attendance may be less than 5 clock hours 
    on the opening
and closing of the school term, and upon the 
    first day of pupil
attendance, if preceded by a day or days 
    utilized as an institute or
teachers' workshop.


        (c) A session of 4 or more clock hours may be counted 
    as a day of
attendance upon certification by the regional 
    superintendent, and
approved by the State Superintendent 
    of Education to the extent that the
district has been 
    forced to use daily multiple sessions.


        (d) A session of 3 or more clock hours may be counted 
    as a day of
attendance (1) when the remainder of the school 
    day or at least
2 hours in the evening of that day is 
    utilized for an
in-service training program for teachers, 
    up to a maximum of 5 days per
school year of which a 
    maximum of 4 days of such 5 days may be used for

    parent-teacher conferences, provided a district conducts 
    an in-service
training program for teachers which has been 
    approved by the State
Superintendent of Education; or, in 
    lieu of 4 such days, 2 full days may
be used, in which 
    event each such day
may be counted as a day of attendance; 
    and (2) when days in
addition to
those provided in item (1) 
    are scheduled by a school pursuant to its school

    improvement plan adopted under Article 34 or its revised or 
    amended school
improvement plan adopted under Article 2, 
    provided that (i) such sessions of
3 or more clock hours 
    are scheduled to occur at regular intervals, (ii) the

    remainder of the school days in which such sessions occur 
    are utilized
for in-service training programs or other 
    staff development activities for
teachers, and (iii) a 
    sufficient number of minutes of school work under the

    direct supervision of teachers are added to the school days 
    between such
regularly scheduled sessions to accumulate 
    not less than the number of minutes
by which such sessions 
    of 3 or more clock hours fall short of 5 clock hours.
Any 
    full days used for the purposes of this paragraph shall not 
    be considered
for
computing average daily attendance.  Days 
    scheduled for in-service training
programs, staff 
    development activities, or parent-teacher conferences may 
    be
scheduled separately for different
grade levels and 
    different attendance centers of the district.


        (e) A session of not less than one clock hour of 
    teaching
hospitalized or homebound pupils on-site or by 
    telephone to the classroom may
be counted as 1/2 day of 
    attendance, however these pupils must receive 4 or
more 
    clock hours of instruction to be counted for a full day of 
    attendance.


        (f) A session of at least 4 clock hours may be counted 
    as a day of
attendance for first grade pupils, and pupils 
    in full day kindergartens,
and a session of 2 or more hours 
    may be counted as 1/2 day of attendance by
pupils in 
    kindergartens which provide only 1/2 day of attendance.


        (g) For children with disabilities who are below the 
    age of 6 years and
who
cannot attend 2 or more clock hours 
    because of their disability or
immaturity, a session of not 
    less than one clock hour may be counted as 1/2 day
of 
    attendance; however for such children whose educational 
    needs so require
a session of 4 or more clock hours may be 
    counted as a full day of attendance.


        (h) A recognized kindergarten which provides for only 
    1/2 day of
attendance by each pupil shall not have more 
    than 1/2 day of attendance
counted in any one day.  However, 
    kindergartens may count 2 1/2 days
of
attendance in any 5 
    consecutive school days.  When a pupil attends such a

    kindergarten for 2 half days on any one school day, the 
    pupil shall have
the following day as a day absent from 
    school, unless the school district
obtains permission in 
    writing from the State Superintendent of Education.

    Attendance at kindergartens which provide for a full day of 
    attendance by
each pupil shall be counted the same as 
    attendance by first grade pupils.
Only the first year of 
    attendance in one kindergarten shall be counted,
except in 
    case of children who entered the kindergarten in their 
    fifth year
whose educational development requires a second 
    year of kindergarten as
determined under the rules and 
    regulations of the State Board of Education.

 

(G) Equalized Assessed Valuation Data.

    (1) For purposes of the calculation of Available Local 
Resources required
pursuant to subsection (D), the
State Board 
of Education shall secure from the Department of
Revenue the 
value as equalized or assessed by the Department of Revenue of

all taxable property of every school district, together with 
(i) the applicable
tax rate used in extending taxes for the 
funds of the district as of
September 30 of the previous year

and (ii) the limiting rate for all school
districts subject to 
property tax extension limitations as imposed under the

Property Tax Extension Limitation Law.

    The Department of Revenue shall add to the equalized 
assessed value of all
taxable
property of each school district 
situated entirely or partially within a county
that is or was 
subject to the alternative general homestead exemption 
provisions of Section 15-176 of the Property Tax Code (a)
(i)

an amount equal to the total amount by which the
homestead 
exemption allowed under Section 15-176 of the Property Tax Code 
for
real
property situated in that school district exceeds the 
total amount that would
have been
allowed in that school 
district if the maximum reduction under Section 15-176
was
(i) 
$4,500 in Cook County or $3,500 in all other counties in tax 
year 2003 or (ii) $5,000 in all counties in tax year 2004 and 
thereafter and (b)
(ii) an amount equal to the aggregate amount 
for the taxable year of all additional exemptions under Section 
15-175 of the Property Tax Code for owners with a household 
income of $30,000 or less. The county clerk of any county that 
is or was subject to the alternative general homestead 
exemption provisions of Section 15-176 of the Property Tax Code 
shall
annually calculate and certify to the Department of 
Revenue for each school
district all
homestead exemption 
amounts under Section 15-176 of the Property Tax Code and all 
amounts of additional exemptions under Section 15-175 of the 
Property Tax Code for owners with a household income of $30,000 
or less. It is the intent of this paragraph that if the general 
homestead exemption for a parcel of property is determined 
under Section 15-176 of the Property Tax Code rather than 
Section 15-175, then the calculation of Available Local 
Resources shall not be affected by the difference, if any, 
between the amount of the general homestead exemption allowed 
for that parcel of property under Section 15-176 of the 
Property Tax Code and the amount that would have been allowed 
had the general homestead exemption for that parcel of property 
been determined under Section 15-175 of the Property Tax Code. 
It is further the intent of this paragraph that if additional 
exemptions are allowed under Section 15-175 of the Property Tax 
Code for owners with a household income of less than $30,000, 
then the calculation of Available Local Resources shall not be 
affected by the difference, if any, because of those additional 
exemptions.

    This equalized assessed valuation, as adjusted further by 
the requirements of
this subsection, shall be utilized in the 
calculation of Available Local
Resources.

    (2) The equalized assessed valuation in paragraph (1) shall 
be adjusted, as
applicable, in the following manner:


        (a) For the purposes of calculating State aid under 
    this Section,
with respect to any part of a school district 
    within a redevelopment
project area in respect to which a 
    municipality has adopted tax
increment allocation 
    financing pursuant to the Tax Increment Allocation

    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 
    of the Illinois
Municipal Code or the Industrial Jobs 
    Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the 
    Illinois Municipal Code, no part of the current equalized

    assessed valuation of real property located in any such 
    project area which is
attributable to an increase above the 
    total initial equalized assessed
valuation of such 
    property shall be used as part of the equalized assessed

    valuation of the district, until such time as all

    redevelopment project costs have been paid, as provided in 
    Section 11-74.4-8
of the Tax Increment Allocation 
    Redevelopment Act or in Section 11-74.6-35 of
the 
    Industrial Jobs Recovery Law.  For the purpose of
the 
    equalized assessed valuation of the
district, the total 
    initial equalized assessed valuation or the current

    equalized assessed valuation, whichever is lower, shall be 
    used until
such time as all redevelopment project costs 
    have been paid.


        (b) The real property equalized assessed valuation for 
    a school district
shall be adjusted by subtracting from the 
    real property
value as equalized or assessed by the 
    Department of Revenue for the
district an amount computed 
    by dividing the amount of any abatement of
taxes under 
    Section 18-170 of the Property Tax Code by 3.00% for a 
    district
maintaining grades kindergarten through 12, by 
    2.30% for a district
maintaining grades kindergarten 
    through 8, or by 1.05% for a
district
maintaining grades 9 
    through 12 and adjusted by an amount computed by dividing

    the amount of any abatement of taxes under subsection (a) 
    of Section 18-165 of
the Property Tax Code by the same 
    percentage rates for district type as
specified in this 
    subparagraph (b).

    (3) For the 1999-2000 school year and each school year 
thereafter, if a
school district meets all of the criteria of 
this subsection (G)(3), the school
district's Available Local 
Resources shall be calculated under subsection (D)
using the 
district's Extension Limitation Equalized Assessed Valuation 
as
calculated under this
subsection (G)(3).

    For purposes of this subsection (G)(3) the following terms 
shall have
the following meanings:


        "Budget Year":  The school year for which general State 
    aid is calculated
and
awarded under subsection (E).


        "Base Tax Year": The property tax levy year used to 
    calculate the Budget
Year
allocation of general State aid.


        "Preceding Tax Year": The property tax levy year 
    immediately preceding the
Base Tax Year.


        "Base Tax Year's Tax Extension": The product of the 
    equalized assessed
valuation utilized by the County Clerk 
    in the Base Tax Year multiplied by the
limiting rate as 
    calculated by the County Clerk and defined in the Property 
    Tax
Extension Limitation Law.


        "Preceding Tax Year's Tax Extension": The product of 
    the equalized assessed
valuation utilized by the County 
    Clerk in the Preceding Tax Year multiplied by
the Operating 
    Tax Rate as defined in subsection (A).


        "Extension Limitation Ratio": A numerical ratio, 
    certified by the
County Clerk, in which the numerator is 
    the Base Tax Year's Tax
Extension and the denominator is 
    the Preceding Tax Year's Tax Extension.


        "Operating Tax Rate": The operating tax rate as defined 
    in subsection (A).

    If a school district is subject to property tax extension 
limitations as
imposed under
the Property Tax Extension 
Limitation Law, the State Board of Education shall
calculate 
the Extension
Limitation
Equalized Assessed Valuation of that 
district.  For the 1999-2000 school
year, the
Extension 
Limitation Equalized Assessed Valuation of a school district as

calculated by the State Board of Education shall be equal to 
the product of the
district's 1996 Equalized Assessed Valuation 
and the district's Extension
Limitation Ratio.  For the 
2000-2001 school year and each school year
thereafter,
the 
Extension Limitation Equalized Assessed Valuation of a school 
district as
calculated by the State Board of Education shall be 
equal to the product of
the Equalized Assessed Valuation last 
used in the calculation of general State
aid and the
district's 
Extension Limitation Ratio. If the Extension Limitation

Equalized
Assessed Valuation of a school district as calculated 
under
this subsection (G)(3) is less than the district's 
equalized assessed valuation
as calculated pursuant to 
subsections (G)(1) and (G)(2), then for purposes of
calculating 
the district's general State aid for the Budget Year pursuant 
to
subsection (E), that Extension
Limitation Equalized 
Assessed Valuation shall be utilized to calculate the

district's Available Local Resources
under subsection (D).

    (4) For the purposes of calculating general State aid for 
the 1999-2000
school year only, if a school district 
experienced a triennial reassessment on
the equalized assessed 
valuation used in calculating its general State
financial aid 
apportionment for the 1998-1999 school year, the State Board of

Education shall calculate the Extension Limitation Equalized 
Assessed Valuation
that would have been used to calculate the 
district's 1998-1999 general State
aid.  This amount shall equal 
the product of the equalized assessed valuation
used to

calculate general State aid for the 1997-1998 school year and 
the district's
Extension Limitation Ratio.  If the Extension 
Limitation Equalized Assessed
Valuation of the school district 
as calculated under this paragraph (4) is
less than the 
district's equalized assessed valuation utilized in 
calculating
the
district's 1998-1999 general State aid 
allocation, then for purposes of
calculating the district's 
general State aid pursuant to paragraph (5) of
subsection (E),

that Extension Limitation Equalized Assessed Valuation shall 
be utilized to
calculate the district's Available Local 
Resources.

    (5) For school districts having a majority of their 
equalized assessed
valuation in any county except Cook, DuPage, 
Kane, Lake, McHenry, or Will, if
the amount of general State 
aid allocated to the school district for the
1999-2000 school 
year under the provisions of subsection (E), (H), and (J) of

this Section is less than the amount of general State aid 
allocated to the
district for the 1998-1999 school year under 
these subsections, then the
general
State aid of the district 
for the 1999-2000 school year only shall be increased
by the 
difference between these amounts.  The total payments made under 
this
paragraph (5) shall not exceed $14,000,000.  Claims shall 
be prorated if they
exceed $14,000,000.

 

(H) Supplemental General State Aid.

    (1) In addition to the general State aid a school district 
is allotted
pursuant to subsection (E), qualifying school 
districts shall receive a grant,
paid in conjunction with a 
district's payments of general State aid, for
supplemental 
general State aid based upon the concentration level of 
children
from low-income households within the school 
district.
Supplemental State aid grants provided for school 
districts under this
subsection shall be appropriated for 
distribution to school districts as part
of the same line item 
in which the general State financial aid of school
districts is 
appropriated under this Section.
If the appropriation in any 
fiscal year for general State aid and
supplemental general 
State aid is insufficient to pay the amounts required
under the 
general State aid and supplemental general State aid 
calculations,
then the
State Board of Education shall ensure 
that
each school district receives the full amount due for 
general State aid
and the remainder of the appropriation shall 
be used
for supplemental general State aid, which the State 
Board of Education shall
calculate and pay to eligible 
districts on a prorated basis.

    (1.5) This paragraph (1.5) applies only to those school 
years
preceding the 2003-2004 school year.
For purposes of this

subsection (H), the term "Low-Income Concentration Level" 
shall be the
low-income
eligible pupil count from the most 
recently available federal census divided by
the Average Daily 
Attendance of the school district.
If, however, (i) the 
percentage decrease from the 2 most recent federal
censuses
in 
the low-income eligible pupil count of a high school district 
with fewer
than 400 students exceeds by 75% or more the 
percentage change in the total
low-income eligible pupil count 
of contiguous elementary school districts,
whose boundaries 
are coterminous with the high school district,
or (ii) a high 
school district within 2 counties and serving 5 elementary

school
districts, whose boundaries are coterminous with the 
high school
district, has a percentage decrease from the 2 most 
recent federal
censuses in the low-income eligible pupil count 
and there is a percentage
increase in the total low-income 
eligible pupil count of a majority of the
elementary school 
districts in excess of 50% from the 2 most recent
federal 
censuses, then
the
high school district's low-income eligible 
pupil count from the earlier federal
census
shall be the number 
used as the low-income eligible pupil count for the high
school 
district, for purposes of this subsection (H).
 The changes made 
to this paragraph (1) by Public Act 92-28 shall apply to

supplemental general State aid
grants for school years 
preceding the 2003-2004 school year that are paid
in fiscal 
year 1999 or thereafter
 and to
any State aid payments made in 
fiscal year 1994 through fiscal year
1998 pursuant to 
subsection 1(n) of Section 18-8 of this Code (which was

repealed on July 1, 1998), and any high school district that is 
affected by
Public Act 92-28 is
entitled to a
recomputation of 
its supplemental general State aid grant or State aid
paid in 
any of those fiscal years.  This recomputation shall not be

affected by any other funding.

    (1.10) This paragraph (1.10) applies to the 2003-2004 
school year
and each school year thereafter. For purposes of 
this subsection (H), the
term "Low-Income Concentration Level" 
shall, for each fiscal year, be the
low-income eligible
pupil 
count
as of July 1 of the immediately preceding fiscal year
(as 
determined by the Department of Human Services based
on the 
number of pupils
who are eligible for at least one of the 
following
low income programs: Medicaid, KidCare, TANF, or Food 
Stamps,
excluding pupils who are eligible for services provided 
by the Department
of Children and Family Services,
averaged 
over
the 2 immediately preceding fiscal years for fiscal year 
2004 and over the 3
immediately preceding fiscal years for each 
fiscal year thereafter)
divided by the Average Daily Attendance 
of the school district.

    (2) Supplemental general State aid pursuant to this 
subsection (H) shall
be
provided as follows for the 1998-1999, 
1999-2000, and 2000-2001 school years
only:


        (a) For any school district with a Low Income 
    Concentration Level of at
least 20% and less than 35%, the 
    grant for any school year
shall be $800
multiplied by the 
    low income eligible pupil count.


        (b) For any school district with a Low Income 
    Concentration Level of at
least 35% and less than 50%, the 
    grant for the 1998-1999 school year shall be
$1,100 
    multiplied by the low income eligible pupil count.


        (c) For any school district with a Low Income 
    Concentration Level of at
least 50% and less than 60%, the 
    grant for the 1998-99 school year shall be
$1,500 
    multiplied by the low income eligible pupil count.


        (d) For any school district with a Low Income 
    Concentration Level of 60%
or more, the grant for the 
    1998-99 school year shall be $1,900 multiplied by
the low 
    income eligible pupil count.


        (e) For the 1999-2000 school year, the per pupil amount 
    specified in
subparagraphs (b), (c), and (d) immediately 
    above shall be increased to $1,243,
$1,600, and $2,000, 
    respectively.


        (f) For the 2000-2001 school year, the per pupil 
    amounts specified in
subparagraphs (b), (c), and (d) 
    immediately above shall be
$1,273, $1,640, and $2,050, 
    respectively.

    (2.5) Supplemental general State aid pursuant to this 
subsection (H)
shall be provided as follows for the 2002-2003 
school year:


        (a) For any school district with a Low Income 
    Concentration Level of less
than 10%, the grant for each 
    school year shall be $355 multiplied by the low
income 
    eligible pupil count.


        (b) For any school district with a Low Income 
    Concentration
Level of at least 10% and less than 20%, the 
    grant for each school year shall
be $675
multiplied by the 
    low income eligible pupil
count.


        (c) For any school district with a Low Income 
    Concentration
Level of at least 20% and less than 35%, the 
    grant for each school year shall
be $1,330
multiplied by 
    the low income eligible pupil
count.


        (d) For any school district with a Low Income 
    Concentration
Level of at least 35% and less than 50%, the 
    grant for each school year shall
be $1,362
multiplied by 
    the low income eligible pupil
count.


        (e) For any school district with a Low Income 
    Concentration
Level of at least 50% and less than 60%, the 
    grant for each school year shall
be $1,680
multiplied by 
    the low income eligible pupil
count.


        (f) For any school district with a Low Income 
    Concentration
Level of 60% or more, the grant for each 
    school year shall be $2,080
multiplied by the low income 
    eligible pupil count.

    (2.10) Except as otherwise provided, supplemental general 
State aid
pursuant to this subsection
(H) shall be provided as 
follows for the 2003-2004 school year and each
school year 
thereafter:


        (a) For any school district with a Low Income 
    Concentration
Level of 15% or less, the grant for each 
    school year
shall be $355 multiplied by the low income 
    eligible pupil count.


        (b) For any school district with a Low Income 
    Concentration
Level greater than 15%, the grant for each 
    school year shall be
$294.25 added to the product of $2,700 
    and the square of the Low
Income Concentration Level, all 
    multiplied by the low income
eligible pupil count.

    For the 2003-2004 and 2004-2005 school year only, the grant 
shall be no less than the
grant
for
the 2002-2003 school year. 
For the 2005-2006 school year only, the grant shall
be no
less 
than the grant for the 2002-2003 school year multiplied by 
0.66. For the
2006-2007
school year only, the grant shall be no 
less than the grant for the 2002-2003
school year
multiplied by 
0.33.

    For the 2003-2004 school year only, the grant shall be no 
greater
than the grant received during the 2002-2003 school 
year added to the
product of 0.25 multiplied by the difference 
between the grant amount
calculated under subsection (a) or (b) 
of this paragraph (2.10), whichever
is applicable, and the 
grant received during the 2002-2003 school year.
For the 
2004-2005 school year only, the grant shall be no greater than

the grant received during the 2002-2003 school year added to 
the
product of 0.50 multiplied by the difference between the 
grant amount
calculated under subsection (a) or (b) of this 
paragraph (2.10), whichever
is applicable, and the grant 
received during the 2002-2003 school year.
For the 2005-2006 
school year only, the grant shall be no greater than
the grant 
received during the 2002-2003 school year added to the
product 
of 0.75 multiplied by the difference between the grant amount

calculated under subsection (a) or (b) of this paragraph 
(2.10), whichever
is applicable, and the grant received during 
the 2002-2003
school year.

    (3) School districts with an Average Daily Attendance of 
more than 1,000
and less than 50,000 that qualify for 
supplemental general State aid pursuant
to this subsection 
shall submit a plan to the State Board of Education prior to

October 30 of each year for the use of the funds resulting from 
this grant of
supplemental general State aid for the 
improvement of
instruction in which priority is given to 
meeting the education needs of
disadvantaged children.  Such 
plan shall be submitted in accordance with
rules and 
regulations promulgated by the State Board of Education.

    (4) School districts with an Average Daily Attendance of 
50,000 or more
that qualify for supplemental general State aid 
pursuant to this subsection
shall be required to distribute 
from funds available pursuant to this Section,
no less than 
$261,000,000 in accordance with the following requirements:


        (a) The required amounts shall be distributed to the 
    attendance centers
within the district in proportion to the 
    number of pupils enrolled at each
attendance center who are 
    eligible to receive free or reduced-price lunches or

    breakfasts under the federal Child Nutrition Act of 1966 
    and under the National
School Lunch Act during the 
    immediately preceding school year.


        (b) The distribution of these portions of supplemental 
    and general State
aid among attendance centers according to 
    these requirements shall not be
compensated for or 
    contravened by adjustments of the total of other funds

    appropriated to any attendance centers, and the Board of 
    Education shall
utilize funding from one or several sources 
    in order to fully implement this
provision annually prior 
    to the opening of school.


        (c) Each attendance center shall be provided by the

    school district a distribution of noncategorical funds and 
    other
categorical funds to which an attendance center is 
    entitled under law in
order that the general State aid and 
    supplemental general State aid provided
by application of 
    this subsection supplements rather than supplants the

    noncategorical funds and other categorical funds provided 
    by the school
district to the attendance centers.


        (d) Any funds made available under this subsection that 
    by reason of the
provisions of this subsection are not

    required to be allocated and provided to attendance centers 
    may be used and
appropriated by the board of the district 
    for any lawful school purpose.


        (e) Funds received by an attendance center
pursuant to 
    this
subsection shall be used
by the attendance center at 
    the discretion
of the principal and local school council 
    for programs to improve educational
opportunities at 
    qualifying schools through the following programs and

    services: early childhood education, reduced class size or 
    improved adult to
student classroom ratio, enrichment 
    programs, remedial assistance, attendance
improvement, and 
    other educationally beneficial expenditures which

    supplement
the regular and basic programs as determined by 
    the State Board of Education.
Funds provided shall not be 
    expended for any political or lobbying purposes
as defined 
    by board rule.


        (f) Each district subject to the provisions of this 
    subdivision (H)(4)
shall submit an
acceptable plan to meet 
    the educational needs of disadvantaged children, in

    compliance with the requirements of this paragraph, to the 
    State Board of
Education prior to July 15 of each year. 
    This plan shall be consistent with the
decisions of local 
    school councils concerning the school expenditure plans

    developed in accordance with part 4 of Section 34-2.3.  The 
    State Board shall
approve or reject the plan within 60 days 
    after its submission.  If the plan is
rejected, the district 
    shall give written notice of intent to modify the plan

    within 15 days of the notification of rejection and then 
    submit a modified plan
within 30 days after the date of the 
    written notice of intent to modify.
Districts may amend 
    approved plans pursuant to rules promulgated by the State

    Board of Education.


        Upon notification by the State Board of Education that 
    the district has
not submitted a plan prior to July 15 or a 
    modified plan within the time
period specified herein, the

    State aid funds affected by that plan or modified plan 
    shall be withheld by the
State Board of Education until a 
    plan or modified plan is submitted.


        If the district fails to distribute State aid to 
    attendance centers in
accordance with an approved plan, the 
    plan for the following year shall
allocate funds, in 
    addition to the funds otherwise required by this

    subsection, to those attendance centers which were 
    underfunded during the
previous year in amounts equal to 
    such underfunding.


        For purposes of determining compliance with this 
    subsection in relation
to the requirements of attendance 
    center funding, each district subject to the
provisions of 
    this
subsection shall submit as a separate document by 
    December 1 of each year a
report of expenditure data for 
    the prior year in addition to any
modification of its 
    current plan.  If it is determined that there has been
a 
    failure to comply with the expenditure provisions of this 
    subsection
regarding contravention or supplanting, the 
    State Superintendent of
Education shall, within 60 days of 
    receipt of the report, notify the
district and any affected 
    local school council.  The district shall within
45 days of 
    receipt of that notification inform the State 
    Superintendent of
Education of the remedial or corrective 
    action to be taken, whether  by
amendment of the current 
    plan, if feasible, or by adjustment in the plan
for the 
    following year.  Failure to provide the expenditure report 
    or the
notification of remedial or corrective action in a 
    timely manner shall
result in a withholding of the affected 
    funds.


        The State Board of Education shall promulgate rules and 
    regulations
to implement the provisions of this 
    subsection.  No funds shall be released
under this 
    subdivision (H)(4) to any district that has not submitted a 
    plan
that has been approved by the State Board of 
    Education.

 

(I) General State Aid for Newly Configured School Districts.

    (1) For a new school district formed by combining property 
included
totally within 2 or more previously existing school 
districts, for its
first year of existence the general State 
aid and supplemental general State
aid calculated under this 
Section
shall be computed for the new district and for the 
previously existing
districts for which property is totally 
included
within the new district.  If the computation on the 
basis of the previously
existing districts is greater, a 
supplementary payment equal to the difference
shall be made for 
the first 4 years of existence of the new district.

    (2) For a school district which annexes all of the 
territory of one or more
entire other school districts, for the 
first year during which the change
of boundaries attributable 
to such annexation becomes effective for all
purposes as 
determined under Section 7-9 or 7A-8, the general State aid and

supplemental general State aid calculated
under this Section 
shall be computed for the annexing district as constituted

after the annexation and for the annexing and each annexed 
district as
constituted prior to the annexation; and if the 
computation on the basis of
the annexing and annexed districts 
as constituted prior to the annexation is
greater, a 
supplementary payment equal to the difference shall be made for

the first 4 years of existence of the annexing school district 
as
constituted upon such annexation.

    (3) For 2 or more school districts which annex all of the 
territory of
one or more entire other school districts, and for 
2 or more community unit
districts which result upon the 
division (pursuant to petition under
Section 11A-2) of one or 
more other unit school districts into 2 or more
parts and which 
together include all of the parts into which such other
unit 
school district or districts are so divided, for the first year

during which the change of boundaries attributable to such 
annexation or
division becomes effective for all purposes as 
determined under Section 7-9
or 11A-10, as the case may be, the 
general State aid and supplemental general
State aid calculated 
under this Section
shall be computed for each annexing or 
resulting district as constituted
after the annexation or 
division and for each annexing and annexed
district, or for 
each resulting and divided district, as constituted prior
to 
the annexation or division; and if the aggregate of the general 
State aid
and supplemental general State aid as so
computed for 
the annexing or resulting districts as constituted after the

annexation or division is less than the aggregate of the 
general State aid and
supplemental general State aid as so 
computed for the annexing and annexed
districts, or for the 
resulting and divided districts, as constituted prior to
the 
annexation or division, then
a supplementary payment equal to 
the difference shall be made and allocated
between or among the 
annexing or resulting districts, as constituted upon
such 
annexation or division, for the first 4 years of their 
existence.  The
total difference payment shall be allocated 
between or among the annexing
or resulting districts in the 
same ratio as the pupil enrollment from that
portion of the 
annexed or divided district or districts which is annexed to
or 
included in each such annexing or resulting district bears to 
the total
pupil enrollment from the entire annexed or divided 
district or districts,
as such pupil enrollment is determined 
for the school year last ending
prior to the date when the 
change of boundaries attributable to the
annexation or division 
becomes effective for all purposes.  The amount of
the total 
difference payment and the amount thereof to be allocated to 
the
annexing or resulting districts shall be computed by the 
State Board of
Education on the basis of pupil enrollment and 
other data which shall be
certified to the State Board of 
Education, on forms which it shall provide
for that purpose, by 
the regional superintendent of schools for each
educational 
service region in which the annexing and annexed districts, or

resulting and divided districts are located.

    (3.5) Claims for financial assistance under this 
subsection (I) shall
not be recomputed except as expressly 
provided under this Section.

    (4) Any
supplementary payment made under this subsection 
(I)
shall be treated as separate from all other payments made 
pursuant to
this Section.

 

(J) Supplementary Grants in Aid.

    (1) Notwithstanding any other provisions of this Section, 
the amount of the
aggregate general State aid in combination 
with supplemental general State aid
under this Section for 
which
each school district is eligible shall be no
less than 
the amount of the aggregate general State aid entitlement that 
was
received by the district under Section
18-8 (exclusive of 
amounts received
under subsections 5(p) and 5(p-5) of that 
Section)
for the 1997-98 school year,
pursuant to the 
provisions of that Section as it was then in effect.
If a 
school district qualifies to receive a supplementary payment 
made under
this subsection (J), the amount
of the aggregate 
general State aid in combination with supplemental general

State aid under this Section
which that district is eligible to 
receive for each school year shall be no less than the amount 
of the aggregate
general State aid entitlement that was 
received by the district under
Section 18-8 (exclusive of 
amounts received
under subsections 5(p) and 5(p-5) of that 
Section)
for the 1997-1998 school year, pursuant to the 
provisions of that
Section as it was then in effect.

    (2) If, as provided in paragraph (1) of this subsection 
(J), a school
district is to receive aggregate general State 
aid in
combination with supplemental general State aid under 
this Section for the 1998-99 school year and any subsequent 
school
year that in any such school year is less than the 
amount of the aggregate
general
State
aid entitlement that the 
district received for the 1997-98 school year, the
school 
district shall also receive, from a separate appropriation made 
for
purposes of this subsection (J), a supplementary payment 
that is equal to the
amount of the difference in the aggregate 
State aid figures as described in
paragraph (1).

    (3) (Blank).

 

(K) Grants to Laboratory and Alternative Schools.

    In calculating the amount to be paid to the governing board 
of a public
university that operates a laboratory school under 
this Section or to any
alternative school that is operated by a 
regional superintendent of schools,
the State
Board of 
Education shall require by rule such reporting requirements as 
it
deems necessary.

    As used in this Section, "laboratory school" means a public 
school which is
created and operated by a public university and 
approved by the State Board of
Education.  The governing board 
of a public university which receives funds
from the State 
Board under this subsection (K) may not increase the number of

students enrolled in its laboratory
school from a single 
district, if that district is already sending 50 or more

students, except under a mutual agreement between the school 
board of a
student's district of residence and the university 
which operates the
laboratory school.  A laboratory school may 
not have more than 1,000 students,
excluding students with 
disabilities in a special education program.

    As used in this Section, "alternative school" means a 
public school which is
created and operated by a Regional 
Superintendent of Schools and approved by
the State Board of 
Education.  Such alternative schools may offer courses of

instruction for which credit is given in regular school 
programs, courses to
prepare students for the high school 
equivalency testing program or vocational
and occupational 
training.   A regional superintendent of schools may contract

with a school district or a public community college district 
to operate an
alternative school.  An alternative school serving 
more than one educational
service region may be established by 
the regional superintendents of schools
of the affected 
educational service regions.  An alternative school
serving 
more than one educational service region may be operated under 
such
terms as the regional superintendents of schools of those 
educational service
regions may agree.

    Each laboratory and alternative school shall file, on forms 
provided by the
State Superintendent of Education, an annual 
State aid claim which states the
Average Daily Attendance of 
the school's students by month.  The best 3 months'
Average 
Daily Attendance shall be computed for each school.
The general 
State aid entitlement shall be computed by multiplying the

applicable Average Daily Attendance by the Foundation Level as 
determined under
this Section.

 

(L) Payments, Additional Grants in Aid and Other Requirements.

    (1) For a school district operating under the financial 
supervision
of an Authority created under Article 34A, the 
general State aid otherwise
payable to that district under this 
Section, but not the supplemental general
State aid, shall be 
reduced by an amount equal to the budget for
the operations of 
the Authority as certified by the Authority to the State
Board 
of Education, and an amount equal to such reduction shall be 
paid
to the Authority created for such district for its 
operating expenses in
the manner provided in Section 18-11.  The 
remainder
of general State school aid for any such district 
shall be paid in accordance
with Article 34A when that Article 
provides for a disposition other than that
provided by this 
Article.

    (2) (Blank).

    (3) Summer school.  Summer school payments shall be made as 
provided in
Section 18-4.3.

 

(M) Education Funding Advisory Board.

    The Education Funding Advisory
Board, hereinafter in this 
subsection (M) referred to as the "Board", is hereby
created. 
The Board
shall consist of 5 members who are appointed by the 
Governor, by and with the
advice and consent of the Senate. The 
members appointed shall include
representatives of education, 
business, and the general public. One of the
members so 
appointed shall be
designated by the Governor at the time the 
appointment is made as the
chairperson of the
Board.
The 
initial members of the Board may
be appointed any time after 
the effective date of this amendatory Act of
1997.  The regular 
term of each member of the
Board shall be for 4 years from the 
third Monday of January of the
year in which the term of the 
member's appointment is to commence, except that
of the 5 
initial members appointed to serve on the
Board, the member who 
is appointed as the chairperson shall serve for
a term that 
commences on the date of his or her appointment and expires on 
the
third Monday of January, 2002, and the remaining 4 members, 
by lots drawn at
the first meeting of the Board that is
held

after all 5 members are appointed, shall determine 2 of their 
number to serve
for terms that commence on the date of their

respective appointments and expire on the third
Monday of 
January, 2001,
and 2 of their number to serve for terms that 
commence
on the date of their respective appointments and 
expire on the third Monday
of January, 2000.  All members 
appointed to serve on the
Board shall serve until their 
respective successors are
appointed and confirmed.  Vacancies 
shall be filled in the same manner as
original appointments.  If 
a vacancy in membership occurs at a time when the
Senate is not 
in session, the Governor shall make a temporary appointment 
until
the next meeting of the Senate, when he or she shall 
appoint, by and with the
advice and consent of the Senate, a 
person to fill that membership for the
unexpired term.  If the 
Senate is not in session when the initial appointments
are 
made, those appointments shall
be made as in the case of 
vacancies.

    The Education Funding Advisory Board shall be deemed 
established,
and the initial
members appointed by the Governor 
to serve as members of the
Board shall take office,
on the date 
that the
Governor makes his or her appointment of the fifth 
initial member of the
Board, whether those initial members are 
then serving
pursuant to appointment and confirmation or 
pursuant to temporary appointments
that are made by the 
Governor as in the case of vacancies.

    The State Board of Education shall provide such staff 
assistance to the
Education Funding Advisory Board as is 
reasonably required for the proper
performance by the Board of 
its responsibilities.

    For school years after the 2000-2001 school year, the 
Education
Funding Advisory Board, in consultation with the 
State Board of Education,
shall make recommendations as 
provided in this subsection (M) to the General
Assembly for the 
foundation level under subdivision (B)(3) of this Section and

for the
supplemental general State aid grant level under 
subsection (H) of this Section
for districts with high 
concentrations of children from poverty.  The
recommended 
foundation level shall be determined based on a methodology 
which
incorporates the basic education expenditures of 
low-spending schools
exhibiting high academic performance.  The 
Education Funding Advisory Board
shall make such 
recommendations to the General Assembly on January 1 of odd

numbered years, beginning January 1, 2001.

 

(N) (Blank).

 

(O) References.

    (1) References in other laws to the various subdivisions of

Section 18-8 as that Section existed before its repeal and 
replacement by this
Section 18-8.05 shall be deemed to refer to 
the corresponding provisions of
this Section 18-8.05, to the 
extent that those references remain applicable.

    (2) References in other laws to State Chapter 1 funds shall 
be deemed to
refer to the supplemental general State aid 
provided under subsection (H) of
this Section.

 
(P)  Public Act 93-838
This amendatory Act of the 93rd General 
Assembly and Public Act 93-808
House Bill 4266 of the 93rd 
General Assembly make inconsistent changes to this Section.  If 
House Bill 4266 becomes law, then Under Section 6 of the 
Statute on Statutes there is an irreconcilable conflict between 
Public Act 93-808 and Public Act 93-838
House Bill 4266 and 
this amendatory Act.  Public Act 93-838
This amendatory Act, 
being the last acted upon, is controlling.  The text of Public 
Act 93-838
this amendatory Act is the law regardless of the 
text of Public Act 93-808
House Bill 4266.
(Source: P.A. 92-16, eff. 6-28-01; 92-28, eff. 7-1-01; 92-29, 
eff. 7-1-01; 92-269, eff. 8-7-01; 92-604, eff. 7-1-02; 92-636, 
eff. 7-11-02; 92-651, eff. 7-11-02; 93-21, eff. 7-1-03; 93-715, 
eff. 7-12-04; 93-808, eff. 7-26-04; 93-838, eff. 7-30-04; 
93-875, eff. 8-6-04; revised 10-21-04.)

 



    (105 ILCS 5/18-11)  (from Ch. 122, par. 18-11)


    Sec. 18-11. Payment of claims. 

    (a) Except as provided in subsection (b) of this Section, 
and except as
provided in subsection (c) of this Section with 
respect to payments made under
Sections 18-8 through 18-10 for 
fiscal year 1994 only, as soon as may
be after the 10th and 
20th days of each of the months of August through the
following 
July if moneys are available in the common school fund
in the 
State treasury for payments under Sections 18-8.05
18-8 through 
18-9
18-10 the State
Comptroller shall draw his warrants upon 
the State Treasurer as directed by
the State Board of Education 
pursuant to Section 2-3.17b and
in accordance with the 
transfers from the General Revenue Fund to the
Common School 
Fund as specified in Section 8a of the State Finance Act.

    Each such semimonthly warrant shall
be in an amount equal 
to 1/24 of the total amount to be distributed to school

districts for the fiscal year.
The amount of payments made in 
July of each year shall be
considered as payments for claims 
covering the school year that commenced
during the immediately 
preceding calendar year.
If the payments provided for under 
Sections 18-8.05
18-8 through 18-9
18-10 have been
assigned as 
security for State aid anticipation certificates pursuant to

Section 18-18, the State Board of Education shall pay the 
appropriate amount of
the payment, as specified in the 
notification required by Section 18-18,
directly to the 
assignee.

    (b) As soon as may be after the 10th and 20th days of each 
of the months
of June, 1982 through July, 1983, if moneys are 
available in the Common
School Fund in the State treasury for 
payments under Sections 18-8 through
18-10, the State 
Comptroller shall draw his warrants upon the State Treasurer

proportionate for the various counties payable to the regional

superintendent of schools in accordance with the transfers from 
the General
Revenue Fund to the Common School Fund as specified 
in Section 8a of
the State Finance Act.

    Each such semimonthly warrant for the months of June and 
July, 1982 shall
be in an amount equal to 1/24 of the total 
amount to be distributed to school
districts by the regional 
superintendent for school year 1981-1982.

    Each such semimonthly warrant for the months of August, 
1982 through July,
1983 shall be in an amount equal to 1/24 of 
the total amount to be distributed
to school districts by the 
regional superintendent for school year 1982-1983.

    The State Superintendent of Education shall, from monies 
appropriated for
such purpose, compensate districts for 
interest lost arising from the
change in payments in June, 1982 
to payments in the months of June and July,
1982, for claims 
arising from school year 1981-1982.  The amount appropriated
for 
such purpose shall be based upon the Prime Commercial Rate in 
effect
May 15, 1982.  The amount of such compensation shall be 
equal to the ratio
of the district's net State aid entitlement 
for school year 1981-1982 divided
by the total net State aid 
entitlement times the funds appropriated for
such purpose.  
Payment in full of the amount of compensation derived from
the 
computation required in the preceding sentence shall be made as 
soon
as may be after July 1, 1982 upon warrants payable to the 
several regional
superintendents of schools.

    The State Superintendent of Education shall, from monies 
appropriated for
such purpose, compensate districts for 
interest lost arising from the change
in payments in June, 1983 
to payments in the months of June and July, 1983,
for claims 
arising from school year 1982-1983.  The amount appropriated
for 
such purpose shall be based upon an interest rate of no less 
than 15
per cent or the Prime Commercial Rate in effect May 15, 
1983, whichever
is greater.  The amount of such compensation 
shall be equal to the ratio
of the district's net State aid 
entitlement for school year 1982-1983 divided
by the total net 
State aid entitlement times the funds appropriated for
such 
purpose.  Payment in full of the amount of compensation derived 
from
the computation required in the preceding sentence shall 
be made as soon as
may be after July 1, 1983 upon warrants 
payable to the several regional
superintendents of schools.

    The State Superintendent of Education shall, from monies 
appropriated
for such purpose, compensate districts for 
interest lost arising from the
change in payments in June, 1992 
and each year thereafter to payments in the
months of June and 
July, 1992 and each year thereafter.  The amount
appropriated 
for such purpose shall be based upon the Prime Commercial Rate

in effect June 15, 1992 and June 15 annually thereafter.  The 
amount of
such compensation shall be equal to the ratio of the 
district's net State
aid entitlement divided by the total net 
State aid entitlement times the
amount of funds appropriated 
for such purpose.  Payment of the compensation
shall be made as 
soon as may be after July 1 upon warrants payable
to the 
several regional superintendents of schools.

    The regional superintendents shall make payments to their 
respective school
districts as soon as may be after receipt of 
the warrants unless the payments
have been assigned as security 
for State aid anticipation certificates pursuant
to Section 
18-18.  If such an assignment has been made, the regional

superintendent shall, as soon as may be after receipt of the 
warrants, pay
the appropriate amount of the payment as 
specified in the notification
required by Section 18-18, 
directly to the assignee.

    As used in this Section, "Prime Commercial Rate" means such 
prime rate
as from time to time is publicly announced by the 
largest commercial banking
institution in this State, measured 
in terms of total assets.

    (c) With respect to all school districts but for fiscal 
year 1994 only,
as soon as may be after the 10th and 20th days 
of August, 1993 and as soon as
may be after the 10th and 20th 
days of each of the months of
October, 1993 through July, 1994 
if moneys are available in the Common School
Fund in
the State 
treasury for payments under Sections 18-8 through 18-10, the

State Comptroller shall draw his warrants upon the State 
Treasurer as
directed
by the State Board of Education in 
accordance with transfers from the General Revenue
Fund to the 
Common School Fund as specified in Section 8a of the State

Finance Act.  The warrant for the 10th
day of August, 1993 and 
each semimonthly warrant for the months of October,
1993 
through July, 1994 shall be in an amount equal to 1/24 of the 
total amount
to be distributed to that school district
for

fiscal year 1994, and the warrant for the 20th day of August, 
1993 shall be in
an
amount equal to 3/24 of that total.  The 
amount of payments made in July of
1994 shall be considered as 
payments for claims covering the school
year that commenced 
during the immediately preceding calendar year. 

(Source: P.A. 87-14; 87-887; 87-895; 88-45; 88-89; 88-641, eff. 
9-9-94.)

 



    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)


    Sec. 18-12. Dates for filing State aid claims. The school 
board of
each school district shall require teachers, 
principals, or
superintendents to furnish from records kept by 
them such data as it
needs in preparing and certifying to the

regional superintendent its school district report of claims 
provided in
Sections 18-8.05 through 18-9
18-10  as required by 
the State
Superintendent of Education.  The district claim
shall 
be based on the latest available equalized assessed valuation 
and tax
rates, as provided in Section 18-8.05 and shall use the 
average
daily
attendance as determined by the method outlined 
in Section 18-8.05
and shall be
certified and filed with the 
regional superintendent by June 21
for districts with an

official
school calendar end date before June 15 or within 2 
weeks following the
official school calendar end date for 
districts with a school year end date
of June 15 or later. The 
regional superintendent shall certify and file
with the State 
Superintendent of Education district State aid claims by
July 1 
for districts with an official school calendar end date before 
June
15 or no later than July 15 for districts with an official 
school calendar
end date of June 15 or later.
Failure to
so 
file by these deadlines constitutes a forfeiture of the right

to
receive payment by
the State until such claim is filed and 
vouchered for payment.  The
regional superintendent of schools 
shall certify the county report of claims
by July 15; and the 
State Superintendent of Education shall voucher
for payment 
those claims to the State Comptroller as provided in Section 
18-11.

    Except as otherwise provided in this Section, if any school 
district
fails to provide the minimum school term specified
in 
Section 10-19, the State aid claim for that year shall be 
reduced by the
State Superintendent of Education in an amount 
equivalent to .56818% for
each day less than the number of days 
required by this Code.

    If
the State Superintendent of Education determines that 
the failure
to
provide the minimum school term was occasioned 
by an act or acts of God, or
was occasioned by conditions 
beyond the control of the school district
which posed a 
hazardous threat to the health and safety of pupils, the
State 
aid claim need not be reduced.

    If the State Superintendent of Education determines that 
the
failure to provide the minimum school term was due to a 
school being
closed on or after September 11, 2001 for more 
than one-half day of
attendance due to a bioterrorism or 
terrorism threat that was
investigated by a law enforcement 
agency, the State aid claim shall not
be reduced.

    If, during any school day, (i) a school district has 
provided at least
one
clock hour of instruction but must close 
the schools due to adverse weather
conditions
or due to a 
condition
beyond the control of the school district that poses 
a hazardous threat to
the health and safety of pupils
prior to 
providing the minimum hours of instruction required
for a full 
day of attendance, or (ii) the school district must delay the

start of the school day due to adverse weather conditions
and 
this delay
prevents the district from providing the minimum 
hours of instruction required
for a full day of attendance, the 
partial day of attendance may be counted
as a full day of 
attendance. The partial day of attendance
and the reasons 
therefor shall
be certified in writing within a month of the 
closing or delayed start by
the local school
district 
superintendent to the Regional Superintendent of Schools for

forwarding to the State Superintendent of Education for 
approval.

    If a school building is ordered to be closed by the school 
board, in
consultation with a local emergency response agency, 
due to a condition
that poses a hazardous threat to the health 
and safety of pupils, then the
school district shall have a 
grace period of 4 days in which the general
State aid claim 
shall not be reduced so that alternative housing of the
pupils 
may be located.

    No exception to the requirement of providing a minimum 
school term may
be approved by the State Superintendent of 
Education pursuant to this Section
unless a school district has 
first used all emergency days provided for
in its regular 
calendar.

    If the State Superintendent of Education declares that an 
energy
shortage exists during any part of the school year for 
the State or a
designated portion of the State, a district may 
operate the school
attendance centers within the district 4 
days of the week during the
time of the shortage by extending 
each existing school day by one clock
hour of school work, and 
the State aid claim shall not be reduced, nor
shall the 
employees of that district suffer any reduction in salary or

benefits as a result thereof. A district may operate all 
attendance
centers on this revised schedule, or may apply the 
schedule to selected
attendance centers, taking into 
consideration such factors as pupil
transportation schedules 
and patterns and sources of energy for
individual attendance 
centers.

    No State aid claim may be filed for any district unless the 
district
superintendent executes and files with the State

Superintendent of Education, in the method prescribed by the

Superintendent, certification that the district has complied 
with the requirements
of Section 10-22.5 in regard to the 
nonsegregation of pupils on account
of color, creed, race, sex 
or nationality.

    No State aid claim may be filed for any district unless the 
district
superintendent executes and files with the State

Superintendent of Education, in the method prescribed by the

Superintendent,
a sworn statement that to the best of his or 
her knowledge or belief the
employing or assigning personnel 
have complied with Section 24-4 in all
respects.

    Electronically submitted State aid claims shall be 
submitted by
duly authorized district or regional individuals 
over a secure network
that is password protected. The 
electronic submission of a State aid
claim must be accompanied 
with an affirmation that all of the provisions
of Sections 
18-8.05 through 18-9
18-10, 10-22.5, and 24-4 of this Code are

met in all respects.

(Source: P.A. 92-661, eff. 7-16-02; 93-54, eff. 7-1-03.)


 



    (105 ILCS 5/34-56)  (from Ch. 122, par. 34-56)


    Sec. 34-56. Amount to cover loss and cost of collecting tax 
not added. 

    In ascertaining the rate per cent that will produce the 
amount of any
tax levied pursuant to the authority granted by 
Section 34-53,
Sections 34--53 and 34--54
the county clerk 
shall not add any amount to cover the loss and cost of

collecting the tax.

(Source: Laws 1961, p. 31.)


 



    (105 ILCS 5/34-73)  (from Ch. 122, par. 34-73)


    Sec. 34-73. Certain taxes additional to maximum otherwise 
authorized -
not reducible. Each of the taxes authorized to be 
levied by Sections 34-33,
34-39, 34-53.2, 34-53.3, 34-54.1, 
34-57, 34-58, 34-60, 34-62, and 34-69, and
34-72 of this Code, 
and by Section 17-128 of the "Illinois Pension Code"
shall be 
in addition to and exclusive of the maximum of all other taxes

which the school district is authorized by law to levy upon the 
aggregate
valuation of all taxable property within the school 
district or city and
the county clerk in reducing taxes under 
the provisions of the Property Tax
Code shall not consider any 
of such
taxes therein authorized as a part of the tax levy of 
the school district or
city required to be included in the 
aggregate of all taxes to be reduced and no
reduction of any 
tax levy made under the Property Tax Code shall diminish any 
amount appropriated or levied for
any such tax.

(Source: P.A. 88-670, eff. 12-2-94.)


 



    (105 ILCS 5/34-74)  (from Ch. 122, par. 34-74)


    Sec. 34-74. Custody of school moneys. Except as provided in 
Article
Articles 34A and 34B, and Section 34-29.2 of this
Code, 
all moneys raised by taxation for school purposes, or
received 
from
the state common school fund, or from any other source for 
school
purposes, shall be held by the city treasurer, 
ex-officio, as school
treasurer, in separate funds for school 
purposes, subject to the order
of the board upon
(i) its 
warrants signed by its president and secretary and

countersigned by the mayor and city comptroller
or (ii) its 
checks, as
defined in Section 3-104 of the Uniform Commercial 
Code, signed by its
president, secretary, and comptroller and 
countersigned by the mayor and city
comptroller.

(Source: P.A. 91-151, eff. 1-1-00.)



 
    Section 25. The Public Community College Act   is amended  by 
changing Section 2-12 as follows:
 



    (110 ILCS 805/2-12)  (from Ch. 122, par. 102-12)


    Sec. 2-12. The State Board shall have the power and it 
shall be its duty: 

    (a) To provide statewide planning for community colleges as

institutions of higher education and co-ordinate the programs, 
services
and activities of all community colleges in the State 
so as to encourage
and establish a system of locally initiated 
and administered
comprehensive community colleges.

    (b) To organize and conduct feasibility surveys for new 
community
colleges or for the inclusion of existing 
institutions as community
colleges and the locating of new 
institutions.

    (c) To approve all locally funded capital projects for 
which no
State monies are required, in accordance with 
standards established by rule.

    (d) To cooperate with the community colleges in continuing 
studies
of student characteristics, admission standards, 
grading policies,
performance of transfer students, 
qualification and certification of
facilities and any other 
problem of community college education.

    (e) To enter into contracts with other governmental 
agencies and eligible
providers, such as local  educational 
agencies, community-based
organizations of demonstrated 
effectiveness, volunteer literacy organizations
of 
demonstrated effectiveness, institutions of higher education, 
public and
private nonprofit agencies, libraries, and public 
housing authorities; to
accept federal funds and to plan with 
other State agencies when appropriate for
the allocation of 
such federal funds for instructional programs and student

services including such funds for adult education and adult 
literacy,
vocational and technical education, and retraining 
as may be allocated by
state and federal agencies for the aid 
of community colleges.  To receive,
receipt for, hold in trust, 
expend and administer, for all purposes of this
Act, funds and 
other aid made available by the federal government or by other

agencies public or private, subject to appropriation by the 
General Assembly.
The changes to this subdivision (e) made by 
this amendatory Act of the 91st
General
Assembly apply on and 
after July 1, 2001.

    (f) To determine efficient and adequate standards for 
community
colleges for the physical plant, heating, lighting, 
ventilation,
sanitation, safety, equipment and supplies, 
instruction and teaching,
curriculum, library, operation, 
maintenance, administration and
supervision, and to grant 
recognition certificates to community colleges
meeting such 
standards.

    (g) To determine the standards for establishment of 
community
colleges and the proper location of the site in 
relation to existing
institutions of higher education offering 
academic, occupational and
technical training curricula, 
possible enrollment, assessed valuation,
industrial, business, 
agricultural, and other conditions reflecting
educational 
needs in the area to be served; however, no community
college 
may be considered as being recognized nor may the establishment

of any community college be authorized in any district which 
shall be
deemed inadequate for the maintenance, in accordance 
with the desirable
standards thus determined, of a community 
college offering the basic
subjects of general education and 
suitable vocational and
semiprofessional and technical 
curricula.

    (h) To approve or disapprove new units of instruction, 
research or
public service as defined in Section 3-25.1
of this 
Act submitted by the
boards of trustees of the respective 
community college districts of this
State.  The State Board may 
discontinue programs which fail to reflect
the educational 
needs of the area being served.
The community college district 
shall be granted 60 days following the
State Board staff 
recommendation and prior to the State Board's action to
respond 
to concerns regarding the program in question.  If the State 
Board
acts to abolish a community college program, the 
community college district
has a right to appeal the decision 
in accordance with administrative rules
promulgated by the 
State Board under the provisions of the Illinois
Administrative 
Procedure Act.

    (i) To participate in, to recommend approval or 
disapproval, and to
assist in the coordination of the programs

of community colleges participating in programs of 
interinstitutional
cooperation with other public or nonpublic 
institutions of higher education.
If the State Board does not 
approve a particular cooperative agreement,
the community 
college district has a right to appeal the decision in

accordance with administrative rules promulgated by the State 
Board under
the provisions of the Illinois Administrative 
Procedure Act.

    (j) To establish guidelines regarding sabbatical leaves.

    (k) To establish guidelines for the admission into special,

appropriate programs conducted or created by community 
colleges for
elementary and secondary school dropouts who have 
received truant status
from the school districts of this State 
in compliance with Section 26-14 of
The School Code.

    (l) The Community College Board shall conduct a study of 
community
college teacher education courses to determine how 
the community college
system can increase its participation in 
the preparation of elementary and
secondary teachers.

    (m) To establish by July 1, 1997 uniform financial 
accounting and reporting
standards
and principles for 
community colleges and develop procedures and systems
for 
community colleges for reporting financial data to the State 
Board.

    (n) To create and participate in the conduct and operation 
of any
corporation, joint venture, partnership, association, 
or other organizational
entity that has the power:  (i) to 
acquire land, buildings, and other capital
equipment for the 
use and benefit of the community colleges or their students;

(ii) to accept gifts and make grants for the use and benefit of 
the community
colleges or their students; (iii) to aid in the 
instruction and education of
students of community colleges; 
and (iv) to promote activities to acquaint
members of the 
community with the facilities of the various community

colleges.

    (o) On and after July 1, 2001, to ensure the effective 
teaching of adults
and to prepare them
for success in 
employment and lifelong learning by administering a
network of 
providers, programs, and services to provide adult basic

education, adult secondary/general education development, 
English as a
second language, and any other instruction 
designed to prepare adult
students to function successfully in 
society and to experience success in
postsecondary education 
and the world of work.
In order to effect an orderly transition 
as provided under
Section 10-22.19a of the School Code and 
Section 1-4 of the Adult Education
Act,
from July
1, 2000
until 
July 1, 2001, the State Board of Education shall coordinate

administration of the
powers and duties listed in this 
subdivision (o) with the State Board.

    (p) On and after July 1, 2001, to supervise the 
administration of adult
education and adult literacy programs, 
to establish the standards for such
courses of instruction and 
supervise the administration thereof, to contract
with other 
State and local agencies and eligible providers, such as local

educational agencies, community-based organizations of 
demonstrated
effectiveness, volunteer literacy organizations 
of demonstrated effectiveness,
institutions of higher 
education, public and private nonprofit agencies,
libraries, 
and public housing authorities, for the purpose of promoting 
and
establishing classes for instruction under these programs, 
to contract with
other State and local agencies to accept and 
expend appropriations for
educational purposes to reimburse 
local eligible providers for the cost of
these programs, and to 
establish an advisory council consisting of all
categories of 
eligible providers; agency partners, such as the State Board of

Education, the Department of Human Services, the Department of 
Employment
Security, and the Secretary of State literacy 
program; and other
stakeholders to identify, deliberate, and 
make recommendations to the State
Board on adult education 
policy and priorities. In order to effect an orderly
transition 
as provided under Section 10-22.19a of the School Code and 
Section
1-4 of the Adult Education Act, from July 1, 2000 until 
July 1, 2001, the
State Board of Education shall coordinate

administration of the powers and duties listed in this 
subdivision (p) with the
State Board. The State Board shall 
support statewide geographic distribution;
diversity of 
eligible providers; and the adequacy, stability, and

predictability of funding so as not to disrupt or diminish, but 
rather to
enhance, adult education by this change of 
administration.

(Source: P.A. 91-830, eff. 7-1-00.)


 

    (20 ILCS 3105/9.04 rep.)


    Section 80. The Capital Development Board Act is amended  by 
repealing Section 9.04.
 
    (105 ILCS 5/1A-6 rep.)
    (105 ILCS 5/1B-21 rep.)
    (105 ILCS 5/2-3.16 rep.)

    (105 ILCS 5/2-3.35 rep.)


    (105 ILCS 5/2-3.37 rep.)

    (105 ILCS 5/2-3.38 rep.)
    (105 ILCS 5/2-3.40 rep.)

    (105 ILCS 5/2-3.43 rep.)

    (105 ILCS 5/2-3.52 rep.)

    (105 ILCS 5/2-3.54 rep.)


    (105 ILCS 5/2-3.55 rep.)


    (105 ILCS 5/2-3.55A rep.)


    (105 ILCS 5/2-3.67 rep.)


    (105 ILCS 5/2-3.68 rep.)


    (105 ILCS 5/2-3.72 rep.)


    (105 ILCS 5/2-3.82 rep.)

    (105 ILCS 5/2-3.85 rep.)
    (105 ILCS 5/2-3.88 rep.)

    (105 ILCS 5/2-3.90 rep.)


    (105 ILCS 5/2-3.91 rep.)

    (105 ILCS 5/2-3.100 rep.)
    (105 ILCS 5/2-3.101 rep.)
    (105 ILCS 5/2-3.106 rep.)

    (105 ILCS 5/2-3.110 rep.)

    (105 ILCS 5/2-3.113 rep.)
    (105 ILCS 5/2-3.114 rep.)
    (105 ILCS 5/7-03 rep.)
    (105 ILCS 5/Art. 7C rep.)
    (105 ILCS 5/10-20.2b rep.)
    (105 ILCS 5/10-20.9 rep.)

    (105 ILCS 5/10-20.16 rep.)


    (105 ILCS 5/10-20.25 rep.)

    (105 ILCS 5/10-22.16 rep.)
    (105 ILCS 5/10-22.17 rep.)
    (105 ILCS 5/10-22.19a rep.)
    (105 ILCS 5/10-22.38a rep.)
    (105 ILCS 5/10-23.9 rep.)


    (105 ILCS 5/13-1 rep.)



    (105 ILCS 5/13-2 rep.)



    (105 ILCS 5/13-3 rep.)



    (105 ILCS 5/13-4 rep.)



    (105 ILCS 5/13-5 rep.)



    (105 ILCS 5/13-6 rep.)



    (105 ILCS 5/13-7 rep.)



    (105 ILCS 5/13-8 rep.)



    (105 ILCS 5/13-9 rep.)

    (105 ILCS 5/13-10 rep.)
    (105 ILCS 5/13-11 rep.)
    (105 ILCS 5/13-36 rep.)


    (105 ILCS 5/14-3.02 rep.)


    (105 ILCS 5/14-3.03 rep.)

    (105 ILCS 5/14-12.02 rep.)


    (105 ILCS 5/14C-2.1 rep.)

    (105 ILCS 5/17-2.2b rep.)


    (105 ILCS 5/17-2.6 rep.)

    (105 ILCS 5/17-2.11b rep.)

    (105 ILCS 5/17-3.1 rep.)

    (105 ILCS 5/17-3.3 rep.)

    (105 ILCS 5/17-8.01 rep.)


    (105 ILCS 5/17-9.01 rep.)

    (105 ILCS 5/17-13 rep.)

    (105 ILCS 5/18-8.7 rep.)

    (105 ILCS 5/18-10 rep.)

    (105 ILCS 5/22-4 rep.)

    (105 ILCS 5/22-9 rep.)

    (105 ILCS 5/22-26 rep.)

    (105 ILCS 5/24-19 rep.)

    (105 ILCS 5/24-20 rep.)

    (105 ILCS 5/24-22 rep.)

    (105 ILCS 5/27-16 rep.)

    (105 ILCS 5/28-3 rep.)
    (105 ILCS 5/29-17 rep.)
    (105 ILCS 5/29-18 rep.)

    (105 ILCS 5/30-6 rep.)


    (105 ILCS 5/30-14.1 rep.)

    (105 ILCS 5/32-4.10a rep.)

    (105 ILCS 5/34-21.5 rep.)

    (105 ILCS 5/34-22.8 rep.)

    (105 ILCS 5/34-42.1 rep.)

    (105 ILCS 5/34-42.2 rep.)

    (105 ILCS 5/34-54 rep.)
    (105 ILCS 5/34-72 rep.)

    (105 ILCS 5/34-87 rep.)
    (105 ILCS 5/Art. 34B rep.)
    (105 ILCS 5/Art. 35 rep.)
    Section 85. The School Code is amended  by repealing 
Sections 1A-6, 1B-21, 2-3.16, 2-3.35, 2-3.37, 2-3.38, 2-3.40, 
2-3.43, 2-3.52, 2-3.54, 2-3.55, 2-3.55A, 2-3.67, 2-3.68, 
2-3.72, 2-3.82, 2-3.85, 2-3.88, 2-3.90, 2-3.91, 2-3.100, 
2-3.101, 2-3.106, 2-3.110, 2-3.113, 2-3.114, 7-03, 10-20.2b, 
10-20.9, 10-20.16, 10-20.25, 10-22.16, 10-22.17, 10-22.19a, 
10-22.38a, 10-23.9, 13-1, 13-2, 13-3, 13-4, 13-5, 13-6, 13-7, 
13-8, 13-9, 13-10, 13-11, 13-36, 14-3.02, 14-3.03, 14-12.02, 
14C-2.1, 17-2.2b, 17-2.6, 17-2.11b, 17-3.1, 17-3.3, 17-8.01, 
17-9.01, 17-13, 18-8.7, 18-10, 22-4, 22-9, 22-26, 24-19, 24-20, 
24-22, 27-16, 28-3, 29-17, 29-18, 30-6, 30-14.1, 32-4.10a, 
34-21.5, 34-22.8, 34-42.1, 34-42.2, 34-54, 34-72, and 34-87 and 
Articles 7C, 34B, and 35.
 
    (105 ILCS 205/Act rep.)   
    
Section 90.  The School District Educational Effectiveness 
and Fiscal Efficiency Act is repealed.

 
    Section 95.  Saving clause.

Any repeal made by this Act 
shall not affect or impair any of the following:  suits pending 
or rights existing at the time this
Act takes effect; any grant 
or conveyance made or right acquired or cause of action now 
existing under any Section, Article, or Act repealed by this 
Act; the validity of any bonds or other obligations issued or 
sold and constituting valid obligations of the issuing 
authority at the time this Act takes effect; the validity of 
any contract; the validity of any tax levied under any law in 
effect prior to the effective date of this Act; or any offense 
committed, act done, penalty, punishment, or forfeiture 
incurred or any claim, right, power, or remedy accrued under 
any law in effect prior to the effective date of this Act. The 
repeal of any curative or validating Act under this Act shall 
not affect the corporate existence or powers of any school 
district lawfully validated thereby.