100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5170

 

Introduced , by Rep. David S. Olsen

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the School Code. Changes references in the Code from "English Language Learner" to "English Learner" and from "vocational education" to "career and technical education". Repeals a provision providing that it is unlawful for any county superintendent of schools to practice any other profession. Makes other changes regarding Early Childhood Education Block Grant reports, suspension or revocation of an educator license, charter school reports, and powers and duties of the State Board of Education.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5170LRB100 19166 AXK 34431 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
51A-4, 1C-4, 2-3.11, 2-3.71a, 2-3.83, 10-9, 10-22.31b,
610-23.3a, 11E-130, 13-41, 14-8.03, 14C-13, 17-2.4, 18-8.05,
718-8.15, 19-30, 21B-80, 24A-7, 27-22, 27-22.2, 27A-12, and
834-225 and by renumbering and changing Section 2-3.170 as
9follows:
 
10    (105 ILCS 5/1A-4)  (from Ch. 122, par. 1A-4)
11    Sec. 1A-4. Powers and duties of the Board.
12    A. (Blank).
13    B. The Board shall determine the qualifications of and
14appoint a chief education officer, to be known as the State
15Superintendent of Education, who may be proposed by the
16Governor and who shall serve at the pleasure of the Board and
17pursuant to a performance-based contract linked to statewide
18student performance and academic improvement within Illinois
19schools. Upon expiration or buyout of the contract of the State
20Superintendent of Education in office on the effective date of
21this amendatory Act of the 93rd General Assembly, a State
22Superintendent of Education shall be appointed by a State Board
23of Education that includes the 7 new Board members who were

 

 

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1appointed to fill seats of members whose terms were terminated
2on the effective date of this amendatory Act of the 93rd
3General Assembly. Thereafter, a State Superintendent of
4Education must, at a minimum, be appointed at the beginning of
5each term of a Governor after that Governor has made
6appointments to the Board. A performance-based contract issued
7for the employment of a State Superintendent of Education
8entered into on or after the effective date of this amendatory
9Act of the 93rd General Assembly must expire no later than
10February 1, 2007, and subsequent contracts must expire no later
11than February 1 each 4 years thereafter. No contract shall be
12extended or renewed beyond February 1, 2007 and February 1 each
134 years thereafter, but a State Superintendent of Education
14shall serve until his or her successor is appointed. Each
15contract entered into on or before January 8, 2007 with a State
16Superintendent of Education must provide that the State Board
17of Education may terminate the contract for cause, and the
18State Board of Education shall not thereafter be liable for
19further payments under the contract. With regard to this
20amendatory Act of the 93rd General Assembly, it is the intent
21of the General Assembly that, beginning with the Governor who
22takes office on the second Monday of January, 2007, a State
23Superintendent of Education be appointed at the beginning of
24each term of a Governor after that Governor has made
25appointments to the Board. The State Superintendent of
26Education shall not serve as a member of the State Board of

 

 

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1Education. The Board shall set the compensation of the State
2Superintendent of Education who shall serve as the Board's
3chief executive officer. The Board shall also establish the
4duties, powers and responsibilities of the State
5Superintendent, which shall be included in the State
6Superintendent's performance-based contract along with the
7goals and indicators of student performance and academic
8improvement used to measure the performance and effectiveness
9of the State Superintendent. The State Board of Education may
10delegate to the State Superintendent of Education the authority
11to act on the Board's behalf, provided such delegation is made
12pursuant to adopted board policy or the powers delegated are
13ministerial in nature. The State Board may not delegate
14authority under this Section to the State Superintendent to (1)
15nonrecognize school districts, (2) withhold State payments as a
16penalty, or (3) make final decisions under the contested case
17provisions of the Illinois Administrative Procedure Act unless
18otherwise provided by law.
19    C. The powers and duties of the State Board of Education
20shall encompass all duties delegated to the Office of
21Superintendent of Public Instruction on January 12, 1975,
22except as the law providing for such powers and duties is
23thereafter amended, and such other powers and duties as the
24General Assembly shall designate. The Board shall be
25responsible for the educational policies and guidelines for
26public schools, pre-school through grade 12 and Career and

 

 

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1Technical Vocational Education in the State of Illinois. The
2Board shall analyze the present and future aims, needs, and
3requirements of education in the State of Illinois and
4recommend to the General Assembly the powers which should be
5exercised by the Board. The Board shall recommend the passage
6and the legislation necessary to determine the appropriate
7relationship between the Board and local boards of education
8and the various State agencies and shall recommend desirable
9modifications in the laws which affect schools.
10    D. Two members of the Board shall be appointed by the
11chairperson to serve on a standing joint Education Committee, 2
12others shall be appointed from the Board of Higher Education, 2
13others shall be appointed by the chairperson of the Illinois
14Community College Board, and 2 others shall be appointed by the
15chairperson of the Human Resource Investment Council. The
16Committee shall be responsible for making recommendations
17concerning the submission of any workforce development plan or
18workforce training program required by federal law or under any
19block grant authority. The Committee will be responsible for
20developing policy on matters of mutual concern to elementary,
21secondary and higher education such as Occupational and Career
22Education, Teacher Preparation and Certification, Educational
23Finance, Articulation between Elementary, Secondary and Higher
24Education and Research and Planning. The joint Education
25Committee shall meet at least quarterly and submit an annual
26report of its findings, conclusions, and recommendations to the

 

 

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1State Board of Education, the Board of Higher Education, the
2Illinois Community College Board, the Human Resource
3Investment Council, the Governor, and the General Assembly. All
4meetings of this Committee shall be official meetings for
5reimbursement under this Act. On the effective date of this
6amendatory Act of the 95th General Assembly, the Joint
7Education Committee is abolished.
8    E. Five members of the Board shall constitute a quorum. A
9majority vote of the members appointed, confirmed and serving
10on the Board is required to approve any action, except that the
117 new Board members who were appointed to fill seats of members
12whose terms were terminated on the effective date of this
13amendatory act of the 93rd General Assembly may vote to approve
14actions when appointed and serving.
15    Using the most recently available data, the Board shall
16prepare and submit electronically, in the manner prescribed by
17the Board, to the General Assembly and the Governor on or
18before each January 14, 1976 and annually thereafter a report
19or reports of its findings and recommendations. Such annual
20report shall contain a separate section which provides a
21critique and analysis of the status of education in Illinois
22and which identifies its specific problems and recommends
23express solutions therefor. Such annual report also shall
24contain the following information for the preceding year ending
25on June 30: each act or omission of a school district of which
26the State Board of Education has knowledge as a consequence of

 

 

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1scheduled, approved visits and which constituted a failure by
2the district to comply with applicable State or federal laws or
3regulations relating to public education, the name of such
4district, the date or dates on which the State Board of
5Education notified the school district of such act or omission,
6and what action, if any, the school district took with respect
7thereto after being notified thereof by the State Board of
8Education. The report shall also include the statewide high
9school dropout rate by grade level, sex and race and the annual
10student dropout rate of and the number of students who graduate
11from, transfer from or otherwise leave bilingual programs. The
12Auditor General shall annually perform a compliance audit of
13the State Board of Education's performance of the reporting
14duty imposed by this amendatory Act of 1986. A regular system
15of communication with other directly related State agencies
16shall be implemented.
17    The requirement for reporting to the General Assembly shall
18be satisfied by filing copies of the report electronically with
19the Speaker, the Minority Leader and the Clerk of the House of
20Representatives and the President, the Minority Leader and the
21Secretary of the Senate and the Legislative Council, and as
22otherwise required by Section 3.1 of the General Assembly
23Organization Act, and filing such additional copies with the
24State Government Report Distribution Center for the General
25Assembly as is required under paragraph (t) of Section 7 of the
26State Library Act.

 

 

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1    F. Upon appointment of the 7 new Board members who were
2appointed to fill seats of members whose terms were terminated
3on the effective date of this amendatory Act of the 93rd
4General Assembly, the Board shall review all of its current
5rules in an effort to streamline procedures, improve
6efficiency, and eliminate unnecessary forms and paperwork.
7(Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)
 
8    (105 ILCS 5/1C-4)
9    Sec. 1C-4. Reports. A school district and other entities
10that receive receives an Early Childhood Education Block Grant
11shall report to the State Board of Education on its use of the
12block grant in such form and detail as the State Board of
13Education may specify. In addition, the report must include the
14following description for the district and the other entities,
15which must also be reported to the General Assembly: block
16grant allocation and expenditures by program; population and
17service levels by program; and administrative expenditures by
18program. The State Board of Education shall ensure that the
19reporting requirements for a district organized under Article
2034 of this Code are the same as for all other school districts
21in this State.
22(Source: P.A. 99-30, eff. 7-10-15.)
 
23    (105 ILCS 5/2-3.11)  (from Ch. 122, par. 2-3.11)
24    Sec. 2-3.11. Report to Governor and General Assembly. To

 

 

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1report electronically, in the manner prescribed by the State
2Board of Education, to the Governor and General Assembly
3annually on or before January 14 the condition of the schools
4of the State using the most recently available data.
5    Such annual report shall contain reports of the State
6Teacher Certification Board; the schools of the State
7charitable institutions; reports on driver education, special
8education, and transportation; and for such year the annual
9statistical reports of the State Board of Education, including
10the number and kinds of school districts; number of school
11attendance centers; number of men and women teachers;
12enrollment by grades; total enrollment; total days attendance;
13total days absence; average daily attendance; number of
14elementary and secondary school graduates; assessed valuation;
15tax levies and tax rates for various purposes; amount of
16teachers' orders, anticipation warrants, and bonds
17outstanding; and number of men and women teachers and total
18enrollment of private schools. The report shall give for all
19school districts receipts from all sources and expenditures for
20all purposes for each fund; the total operating expense, the
21per capita cost, and instructional expenditures; federal and
22state aids and reimbursements; new school buildings, and
23recognized schools; together with such other information and
24suggestions as the State Board of Education may deem important
25in relation to the schools and school laws and the means of
26promoting education throughout the state.

 

 

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1    In this Section, "instructional expenditures" means the
2annual expenditures of school districts properly attributable
3to expenditure functions defined in rules of the State Board of
4Education as: 1100 (Regular Education); 1200-1220 (Special
5Education); 1250 (Ed. Deprived/Remedial); 1400 (Vocational
6Programs); 1600 (Summer School); 1650 (Gifted); 1800
7(Bilingual Programs); 1900 (Truant Alternative); 2110
8(Attendance and Social Work Services); 2120 (Guidance
9Services); 2130 (Health Services); 2140 (Psychological
10Services); 2150 (Speech Pathology and Audiology Services);
112190 (Other Support Services Pupils); 2210 (Improvement of
12Instruction); 2220 (Educational Media Services); 2230
13(Assessment and Testing); 2540 (Operation and Maintenance of
14Plant Services); 2550 (Pupil Transportation Service); 2560
15(Food Service); 4110 (Payments for Regular Programs); 4120
16(Payments for Special Education Programs); 4130 (Payments for
17Adult Education Programs); 4140 (Payments for Career and
18Technical Vocational Education Programs); 4170 (Payments for
19Community College Programs); 4190 (Other payments to in-state
20government units); and 4200 (Other payments to out of state
21government units).
22(Source: P.A. 95-793, eff. 1-1-09; 96-734, eff. 8-25-09.)
 
23    (105 ILCS 5/2-3.71a)  (from Ch. 122, par. 2-3.71a)
24    Sec. 2-3.71a. Grants for early childhood parental training
25programs. The State Board of Education shall implement and

 

 

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1administer a grant program consisting of grants to public
2school districts and other eligible entities, as defined by the
3State Board of Education, to conduct early childhood parental
4training programs for the parents of children in the period of
5life from birth to kindergarten. A public school district that
6receives grants under this Section may contract with other
7eligible entities to conduct an early childhood parental
8training program. These grants must be used to supplement, not
9supplant, funds received from any other source. A school board
10or other eligible entity shall employ appropriately qualified
11personnel for its early childhood parental training program,
12including but not limited to certified teachers, counselors,
13psychiatrists, psychologists and social workers.
14    (a) As used in this Section, "parental training" means and
15includes instruction in the following:
16        (1) Child growth and development, including prenatal
17    development.
18        (2) Childbirth and child care.
19        (3) Family structure, function and management.
20        (4) Prenatal and postnatal care for mothers and
21    infants.
22        (5) Prevention of child abuse.
23        (6) The physical, mental, emotional, social, economic
24    and psychological aspects of interpersonal and family
25    relationships.
26        (7) Parenting skill development.

 

 

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1    The programs shall include activities that require
2substantial participation and interaction between parent and
3child.
4    (b) The Board shall annually award funds through a grant
5approval process established by the State Board of Education,
6providing that an annual appropriation is made for this purpose
7from State, federal or private funds. Nothing in this Section
8shall preclude school districts from applying for or accepting
9private funds to establish and implement programs.
10    (c) The State Board of Education shall assist those
11districts and other eligible entities offering early childhood
12parental training programs, upon request, in developing
13instructional materials, training teachers and staff, and
14establishing appropriate time allotments for each of the areas
15included in such instruction.
16    (d) School districts and other eligible entities may offer
17early childhood parental training courses during that period of
18the day which is not part of the regular school day. Residents
19of the community may enroll in such courses. The school board
20or other eligible entity may establish fees and collect such
21charges as may be necessary for attendance at such courses in
22an amount not to exceed the per capita cost of the operation
23thereof, except that the board or other eligible entity may
24waive all or part of such charges if it determines that the
25parent is indigent or that the educational needs of the parent
26require his or her attendance at such courses.

 

 

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1    (e) Parents who participate in early childhood parental
2training programs under this Section may be eligible for
3reasonable reimbursement of any incidental transportation and
4child care expenses from the school district receiving funds
5pursuant to this Section.
6    (f) Districts and other eligible entities receiving grants
7pursuant to this Section shall coordinate programs created
8under this Section with other preschool educational programs,
9including "at-risk" preschool programs, special and career and
10technical vocational education, and related services provided
11by other governmental agencies and not-for-profit agencies.
12    (g) The State Board of Education shall report to the
13General Assembly by July 1, 1991, on the results of the
14programs funded pursuant to this Section and whether a need
15continues for such programs.
16    (h) After July 1, 2006, any parental training services
17funded pursuant to this Section on the effective date of this
18amendatory Act of the 94th General Assembly shall continue to
19be funded pursuant to this Section, subject to appropriation
20and the meeting of program standards. Any additional parental
21training services must be funded, subject to appropriation,
22through preschool education grants pursuant to subdivision (4)
23of subsection (a) of Section 2-3.71 of this Code for families
24with children ages 3 to 5 and through prevention initiative
25grants pursuant to subsection (b) of Section 2-3.89 of this
26Code for expecting families and those with children from birth

 

 

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1to 3 years of age.
2    (i) Early childhood programs under this Section are subject
3to the requirements under paragraph (7) of subsection (a) of
4Section 2-3.71 of this Code.
5(Source: P.A. 100-105, eff. 1-1-18.)
 
6    (105 ILCS 5/2-3.83)  (from Ch. 122, par. 2-3.83)
7    Sec. 2-3.83. Individual transition plan model pilot
8program.
9    (a) The General Assembly finds that transition services for
10special education students in secondary schools are needed for
11the increasing numbers of students exiting school programs.
12Therefore, to ensure coordinated and timely delivery of
13services, the State shall establish a model pilot program to
14provide such services. Local school districts, using joint
15agreements and regional service delivery systems for special
16and career and technical vocational education selected by the
17Governor's Planning Council on Developmental Disabilities,
18shall have the primary responsibility to convene transition
19planning meetings for these students who will require
20post-school adult services.
21    (b) For purposes of this Section:
22        (1) "Post-secondary Service Provider" means a provider
23    of services for adults who have any developmental
24    disability as defined in Section 1-106 of the Mental Health
25    and Developmental Disabilities Code or who are persons with

 

 

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1    one or more disabilities as defined in the Rehabilitation
2    of Persons with Disabilities Act.
3        (2) "Individual Education Plan" means a written
4    statement for an exceptional child that provides at least a
5    statement of: the child's present levels of educational
6    performance, annual goals and short-term instructional
7    objectives; specific special education and related
8    services; the extent of participation in the regular
9    education program; the projected dates for initiation of
10    services; anticipated duration of services; appropriate
11    objective criteria and evaluation procedures; and a
12    schedule for annual determination of short-term
13    objectives.
14        (3) "Individual Transition Plan" (ITP) means a
15    multi-agency informal assessment of a student's needs for
16    post-secondary adult services including but not limited to
17    employment, post-secondary education or training and
18    residential independent living.
19        (4) "Developmental Disability" means a disability
20    which is attributable to: (a) an intellectual disability,
21    cerebral palsy, epilepsy or autism; or to (b) any other
22    condition which results in impairment similar to that
23    caused by an intellectual disability and which requires
24    services similar to those required by persons with an
25    intellectual disability. Such disability must originate
26    before the age of 18 years, be expected to continue

 

 

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1    indefinitely, and constitute a substantial disability.
2        (5) "Exceptional Characteristic" means any disabling
3    or exceptional characteristic which interferes with a
4    student's education including, but not limited to, a
5    determination that the student has a severe or profound
6    mental disability, has mental disability but is trainable,
7    is deaf-blind, or has some other health impairment.
8    (c) The model pilot program required by this Section shall
9be established and administered by the Governor's Planning
10Council on Developmental Disabilities in conjunction with the
11case coordination pilot projects established by the Department
12of Human Services pursuant to Section 4.1 of the Community
13Services Act, as amended.
14    (d) The model pilot program shall include the following
15features:
16        (1) Written notice shall be sent to the student and,
17    when appropriate, his or her parent or guardian giving the
18    opportunity to consent to having the student's name and
19    relevant information shared with the local case
20    coordination unit and other appropriate State or local
21    agencies for purposes of inviting participants to the
22    individual transition plan meeting.
23        (2) Meetings to develop and modify, as needed, an
24    Individual Transition Plan shall be conducted annually for
25    all students with a developmental disability in the pilot
26    program area who are age 16 or older and who are receiving

 

 

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1    special education services for 50% or more of their public
2    school program. These meetings shall be convened by the
3    local school district and conducted in conjunction with any
4    other regularly scheduled meetings such as the student's
5    annual individual educational plan meeting. The Governor's
6    Planning Council on Developmental Disabilities shall
7    cooperate with and may enter into any necessary written
8    agreements with the Department of Human Services and the
9    State Board of Education to identify the target group of
10    students for transition planning and the appropriate case
11    coordination unit to serve these individuals.
12        (3) The ITP meetings shall be co-chaired by the
13    individual education plan coordinator and the case
14    coordinator. The ITP meeting shall include but not be
15    limited to discussion of the following: the student's
16    projected date of exit from the public schools; his
17    projected post-school goals in the areas of employment,
18    residential living arrangement and post-secondary
19    education or training; specific school or post-school
20    services needed during the following year to achieve the
21    student's goals, including but not limited to vocational
22    evaluation, career and technical vocational education,
23    work experience or vocational training, placement
24    assistance, independent living skills training,
25    recreational or leisure training, income support, medical
26    needs and transportation; and referrals and linkage to

 

 

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1    needed services, including a proposed time frame for
2    services and the responsible agency or provider. The
3    individual transition plan shall be signed by participants
4    in the ITP discussion, including but not limited to the
5    student's parents or guardian, the student (where
6    appropriate), multi-disciplinary team representatives from
7    the public schools, the case coordinator and any other
8    individuals who have participated in the ITP meeting at the
9    discretion of the individual education plan coordinator,
10    the developmental disability case coordinator or the
11    parents or guardian.
12        (4) At least 10 days prior to the ITP meeting, the
13    parents or guardian of the student shall be notified in
14    writing of the time and place of the meeting by the local
15    school district. The ITP discussion shall be documented by
16    the assigned case coordinator, and an individual student
17    file shall be maintained by each case coordination unit.
18    One year following a student's exit from public school the
19    case coordinator shall conduct a follow up interview with
20    the student.
21        (5) Determinations with respect to individual
22    transition plans made under this Section shall not be
23    subject to any due process requirements prescribed in
24    Section 14-8.02 of this Code.
25    (e) (Blank).
26(Source: P.A. 99-143, eff. 7-27-15.)
 

 

 

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1    (105 ILCS 5/2-3.172)
2    Sec. 2-3.172 2-3.170. High-skilled manufacturing teaching
3resources. The State Board of Education shall post resources
4regarding the teaching of high-skilled manufacturing, to be
5used in high schools and career and technical vocational
6education programs.
7(Source: P.A. 100-175, eff. 1-1-18; revised 9-25-17.)
 
8    (105 ILCS 5/10-9)  (from Ch. 122, par. 10-9)
9    Sec. 10-9. Interest of board member in contracts.
10    (a) No school board member shall be interested, directly or
11indirectly, in his own name or in the name of any other person,
12association, trust or corporation, in any contract, work or
13business of the district or in the sale of any article,
14whenever the expense, price or consideration of the contract,
15work, business or sale is paid either from the treasury or by
16any assessment levied by any statute or ordinance. A school
17board member shall not be deemed interested if the board member
18is an employee of a business that is involved in the
19transaction of business with the school district, provided that
20the board member has no financial interests other than as an
21employee. No school board member shall be interested, directly
22or indirectly, in the purchase of any property which (1)
23belongs to the district, or (2) is sold for taxes or
24assessments, or (3) is sold by virtue of legal process at the

 

 

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1suit of the district.
2    (b) However, any board member may provide materials,
3merchandise, property, services or labor, if:
4        A. the contract is with a person, firm, partnership,
5    association, corporation or cooperative association in
6    which the board member has less than a 7 1/2% share in the
7    ownership; and
8        B. such interested board member publicly discloses the
9    nature and extent of his interest prior to or during
10    deliberations concerning the proposed award of the
11    contract; and
12        C. such interested board member abstains from voting on
13    the award of the contract, though he shall be considered
14    present for the purposes of establishing a quorum; and
15        D. such contract is approved by a majority vote of
16    those board members presently holding office; and
17        E. the contract is awarded after sealed bids to the
18    lowest responsible bidder if the amount of the contract
19    exceeds $1500, or awarded without bidding if the amount of
20    the contract is less than $1500; and
21        F. the award of the contract would not cause the
22    aggregate amount of all such contracts so awarded to the
23    same person, firm, association, partnership, corporation
24    or cooperative association in the same fiscal year to
25    exceed $25,000.
26    (c) In addition to the above exemption, any board member

 

 

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1may provide materials, merchandise, property, services or
2labor if:
3        A. the award of the contract is approved by a majority
4    vote of the board provided that any such interested member
5    shall abstain from voting; and
6        B. the amount of the contract does not exceed $1,000;
7    and
8        C. the award of the contract would not cause the
9    aggregate amount of all such contracts so awarded to the
10    same person, firm, association, partnership, corporation,
11    or cooperative association in the same fiscal year to
12    exceed $2,000, except with respect to a board member of a
13    school district in which the materials, merchandise,
14    property, services, or labor to be provided under the
15    contract are not available from any other person, firm,
16    association, partnership, corporation, or cooperative
17    association in the district, in which event the award of
18    the contract shall not cause the aggregate amount of all
19    contracts so awarded to that same person, firm,
20    association, partnership, or cooperative association in
21    the same fiscal year to exceed $5,000; and
22        D. such interested member publicly discloses the
23    nature and extent of his interest prior to or during
24    deliberations concerning the proposed award of the
25    contract; and
26        E. such interested member abstains from voting on the

 

 

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1    award of the contract, though he shall be considered
2    present for the purposes of establishing a quorum.
3    (d) In addition to exemptions otherwise authorized by this
4Section, any board member may purchase for use as the board
5member's primary place of residence a house constructed by the
6district's career and technical vocational education students
7on the same basis that any other person would be entitled to
8purchase the property. The sale of the house by the district
9must comply with the requirements set forth in Section 5-22 of
10The School Code.
11    (e) A contract for the procurement of public utility
12services by a district with a public utility company is not
13barred by this Section by one or more members of the board
14being an officer or employee of the public utility company or
15holding an ownership interest of no more than 7 1/2% in the
16public utility company, or holding an ownership interest of any
17size if the school district has a population of less than 7,500
18and the public utility's rates are approved by the Illinois
19Commerce Commission. An elected or appointed member of the
20board having such an interest shall be deemed not to have a
21prohibited interest under this Section.
22    (f) Nothing contained in this Section, including the
23restrictions set forth in subsections (b), (c), (d) and (e),
24shall preclude a contract of deposit of monies, loans or other
25financial services by a school district with a local bank or
26local savings and loan association, regardless of whether a

 

 

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1member or members of the governing body of the school district
2are interested in such bank or savings and loan association as
3an officer or employee or as a holder of less than 7 1/2% of the
4total ownership interest. A member or members holding such an
5interest in such a contract shall not be deemed to be holding a
6prohibited interest for purposes of this Act. Such interested
7member or members of the governing body must publicly state the
8nature and extent of their interest during deliberations
9concerning the proposed award of such a contract, but shall not
10participate in any further deliberations concerning the
11proposed award. Such interested member or members shall not
12vote on such a proposed award. Any member or members abstaining
13from participation in deliberations and voting under this
14Section may be considered present for purposes of establishing
15a quorum. Award of such a contract shall require approval by a
16majority vote of those members presently holding office.
17Consideration and award of any such contract in which a member
18or members are interested may only be made at a regularly
19scheduled public meeting of the governing body of the school
20district.
21    (g) Any school board member who violates this Section is
22guilty of a Class 4 felony and in addition thereto any office
23held by such person so convicted shall become vacant and shall
24be so declared as part of the judgment of the court.
25(Source: P.A. 96-998, eff. 7-2-10.)
 

 

 

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1    (105 ILCS 5/10-22.31b)  (from Ch. 122, par. 10-22.31b)
2    Sec. 10-22.31b. Joint building programs. To enter into
3joint agreements either under this Act or under the
4Intergovernmental Cooperation Act with other school boards to
5acquire, build, establish and maintain sites and buildings
6including residential facilities, that may be needed for area
7career and technical vocational education buildings or the
8education of one or more of the types of children with
9disabilities defined in Sections 14-1.02 through 14-1.07 of
10this Act, who are residents of such joint agreement area, upon
11the review and recommendation of the Advisory Council on
12Education of Children with Disabilities and approval of the
13State Superintendent. Proposals shall be submitted on forms
14promulgated by the State Advisory Council. The State Advisory
15Council shall have 45 days to review the proposal and make a
16recommendation. The State Superintendent shall then approve or
17deny the proposal. Any establishment of residential facilities
18under this Section for the education of children with
19disabilities shall consider and utilize whenever possible the
20existing residential service delivery systems including state
21operated and privately operated facilities. Residential
22facilities shall be maintained in accordance with applicable
23health, licensing and life safety requirements, including the
24applicable provisions of the building code authorized under
25Section 2-3.12. Such sites may be acquired and buildings built
26at any place within the area embraced by such joint agreement

 

 

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1or within 2 miles of the boundaries of any school district
2which is a party to the joint agreement. The title to any site
3or building so acquired shall be held in accordance with
4Section 16-2 of this Act.
5    Any funds obtained from the participating governmental
6entities as a result of a joint agreement entered into under
7this Act or the Intergovernmental Cooperation Act shall be
8accounted for in the same manner as provided for the majority
9of the participating governmental entities under the laws of
10this State.
11(Source: P.A. 89-397, eff. 8-20-95.)
 
12    (105 ILCS 5/10-23.3a)  (from Ch. 122, par. 10-23.3a)
13    Sec. 10-23.3a. Conduct of business for vocational
14training.
15    To independently operate or cooperate with existing
16companies in the operation of a business or businesses for the
17sole purpose of providing training for students in career and
18technical vocational education programs. Any proceeds from
19said operation shall be applied towards the costs of
20establishing and maintaining these businesses. Regarding
21businesses with which the school board cooperates in operating
22for vocational training purposes, the school board shall
23receive a semi-annual account from each cooperating company of
24all costs and proceeds attributable to the student
25business-training program. Should the proceeds ever exceed the

 

 

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1establishment and maintenance costs, then that excess shall
2only be directed toward expanding business-operation training
3in career and technical vocational education programs.
4(Source: P.A. 77-664.)
 
5    (105 ILCS 5/11E-130)
6    Sec. 11E-130. Unit district formation and joint agreement
7career and technical vocational education program.
8    (a) If a unit district is established under the provisions
9of this Article and more than 50% of the territory of the unit
10district is territory that immediately prior to its inclusion
11in the unit district was included in a high school district or
12districts that were signatories under the same joint agreement
13career and technical vocational education program, pursuant to
14the provisions of this Code, then the unit district shall upon
15its establishment be deemed to be a member and signatory to the
16joint agreement and shall also have the right to continue to
17extend taxes under any previous authority to levy a tax under
18Section 17-2.4 of this Code.
19    (b) In those instances, however, when more than 50% of the
20territory of any unit district was not, immediately prior to
21its establishment, included within the territory of a high
22school district that was a signatory to the same joint
23agreement career and technical vocational education program,
24then the unit district shall not be deemed upon its
25establishment to be a signatory to the joint agreement nor

 

 

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1shall the unit district be deemed to have the special tax levy
2rights under Section 17-2.4 of this Code.
3    (c) Nothing in this Section shall be deemed to forbid the
4unit district from subsequently joining a joint agreement
5career and technical vocational education program and to
6thereafter levy a tax under Section 17-2.4 of this Code by
7following the provisions of Section 17-2.4. In the event that
8any such unit district should subsequently join any such joint
9agreement career and technical vocational education program,
10it shall be entitled to a fair credit, as computed by the State
11Board of Education, for any capital contributions previously
12made to the joint agreement career and technical vocational
13education program from taxes levied against the assessed
14valuation of property situated in any part of the territory
15included within the unit district.
16(Source: P.A. 94-1019, eff. 7-10-06.)
 
17    (105 ILCS 5/13-41)  (from Ch. 122, par. 13-41)
18    Sec. 13-41. The Board of Education for this school district
19shall be composed of the Director of the Department of Juvenile
20Justice, 2 members appointed by the Director of the Department
21of Juvenile Justice and 4 members appointed by the State Board
22of Education, at least one of whom shall have knowledge of, or
23experience in, career and technical vocational education and
24one of whom shall have knowledge of, or experience in, higher
25and continuing education. All members of the Board shall hold

 

 

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1office for a period of 3 years, except that members shall
2continue to serve until their replacements are appointed.
3Vacancies shall be filled in like manner for the unexpired
4balance of the term. The members appointed shall be selected so
5far as is practicable on the basis of their knowledge of, or
6experience in, problems of education in correctional,
7vocational and general educational institutions. Members shall
8serve without compensation, but shall be reimbursed for
9reasonable expenses incurred in the performance of their
10duties.
11(Source: P.A. 94-696, eff. 6-1-06.)
 
12    (105 ILCS 5/14-8.03)  (from Ch. 122, par. 14-8.03)
13    Sec. 14-8.03. Transition services.
14    (a) For purposes of this Section, "transition services"
15means a coordinated set of activities for a child with a
16disability that (i) is designed to be within a results-oriented
17process that is focused on improving the academic and
18functional achievement of the child with a disability to
19facilitate the child's movement from school to post-school
20activities, including post-secondary education, career and
21technical vocational education, integrated employment
22(including supported employment), continuing and adult
23education, adult services, independent living, or community
24participation; (ii) is based on the individual child's needs,
25taking into account the child's strengths, preferences, and

 

 

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1interests; and (iii) includes instruction, related services,
2community experiences, the development of employment and other
3post-school adult living objectives, and, if appropriate,
4acquisition of daily living skills, benefits planning, work
5incentives education, and the provision of a functional
6vocational evaluation. Transition services for a child with a
7disability may be special education, if provided as specially
8designed instruction, or a related service if required to
9assist a child with a disability to benefit from special
10education.
11    (a-5) Beginning no later than the first individualized
12education plan (IEP) in effect when the student turns age 14
131/2 (or younger if determined appropriate by the IEP Team) and
14updated annually thereafter, the IEP must include (i)
15measurable post-secondary goals based upon age-appropriate
16transition assessments and other information available
17regarding the student that are related to training, education,
18employment, and independent living skills and (ii) the
19transition services needed to assist the student in reaching
20those goals, including courses of study.
21    (b) Transition planning must be conducted as part of the
22IEP process and must be governed by the procedures applicable
23to the development, review, and revision of the IEP, including
24notices to the parents and student, parent and student
25participation, and annual review. To appropriately assess and
26develop IEP transition goals and transition services for a

 

 

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1child with a disability, additional participants may be
2necessary and may be invited by the school district, parent, or
3student to participate in the transition planning process.
4Additional participants may include without limitation a
5representative from the Department of Human Services or another
6State agency, a case coordinator, or persons representing other
7public or community agencies or services, such as adult service
8providers or public community colleges. The IEP shall identify
9each person responsible for coordinating and delivering
10transition services. If the IEP team determines that the
11student requires transition services from a public or private
12entity outside of the school district, the IEP team shall
13identify potential outside resources, assign one or more IEP
14team members to contact the appropriate outside entities, make
15the necessary referrals, provide any information and documents
16necessary to complete the referral, follow up with the entity
17to ensure that the student has been successfully linked to the
18entity, and monitor the student's progress to determine if the
19student's IEP transition goals and benchmarks are being met.
20The student's IEP shall indicate one or more specific time
21periods during the school year when the IEP team shall review
22the services provided by the outside entity and the student's
23progress in such activities. The public school's
24responsibility for delivering educational services does not
25extend beyond the time the student leaves school or when the
26student's eligibility ends due to age under this Article.

 

 

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1    (c) A school district shall submit annually a summary of
2each eligible student's IEP transition goals and transition
3services resulting from the IEP Team meeting to the appropriate
4local Transition Planning Committee. If students with
5disabilities who are ineligible for special education services
6request transition services, local public school districts
7shall assist those students by identifying post-secondary
8school goals, delivering appropriate education services, and
9coordinating with other agencies and services for assistance.
10(Source: P.A. 98-517, eff. 8-22-13.)
 
11    (105 ILCS 5/14C-13)  (from Ch. 122, par. 14C-13)
12    Sec. 14C-13. Advisory Council.
13    (a) There is created an Advisory Council on Bilingual
14Education, consisting of 17 members appointed by the State
15Superintendent of Education and selected, as nearly as
16possible, on the basis of experience in or knowledge of the
17various programs of bilingual education. The Council shall
18advise the State Superintendent on policy and rules pertaining
19to bilingual education. The Council shall establish such
20sub-committees as it deems appropriate to review bilingual
21education issues including but not limited to certification,
22finance and special education.
23    Initial appointees shall serve terms determined by lot as
24follows: 6 for one year, 6 for 2 years and 5 for 3 years.
25Successors shall serve 3-year terms. Members annually shall

 

 

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1select a chairman from among their number. Members shall
2receive no compensation but may be reimbursed for necessary
3expenses incurred in the performance of their duties.
4    By no later than December 1, 2011, the Council shall submit
5a report to the State Superintendent of Education, the
6Governor, and the General Assembly addressing, at a minimum,
7the following questions:
8        (1) whether and how the 20 child per attendance center
9    minimum in Section 14C-3 of this Code should be modified;
10        (2) whether and how educator certification
11    requirements in this Article 14C and applicable State Board
12    of Education rules should be modified;
13        (3) whether and how bilingual education requirements
14    in this Article 14C and applicable State Board of Education
15    rules should be modified to address differences between
16    elementary and secondary schools; and
17        (4) whether and how to allow school districts to
18    administer alternative bilingual education programs
19    instead of transitional bilingual education programs.
20    By no later than January 1, 2013, the Council shall submit
21a report to the State Superintendent of Education, the
22Governor, and the General Assembly addressing, at a minimum,
23the following questions:
24        (i) whether and how bilingual education programs
25    should be modified to be more flexible and achieve a higher
26    success rate among Hispanic students in the classroom and

 

 

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1    on State assessments;
2        (ii) whether and how bilingual education programs
3    should be modified to increase parental involvement
4    including the use of parent academies;
5        (iii) whether and how bilingual education programs
6    should be modified to increase cultural competency through
7    a cultural competency program among bilingual teaching
8    staff; and
9        (iv) whether and how the bilingual parent advisory
10    committees within school districts can be supported in
11    order to increase the opportunities for parents to
12    effectively express their views concerning the planning,
13    operation, and evaluation of bilingual education programs.
14    (b) For the purpose of this Section:
15    "Parent academies" means a series of parent development
16opportunities delivered throughout the school year to increase
17parents' ability to successfully navigate the education system
18and monitor their children's education. Parent academies are
19specifically designed for parents of students who are enrolled
20in any of the English Language Learner programs and are to be
21provided after work hours in the parents' native language. At a
22minimum, parent academies shall allow participants to do the
23following:
24        (1) understand and use their children's standardized
25    tests to effectively advocate for their children's
26    academic success;

 

 

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1        (2) learn home strategies to increase their children's
2    reading proficiency;
3        (3) promote homework completion as a successful daily
4    routine;
5        (4) establish a positive and productive connection
6    with their children's schools and teachers; and
7        (5) build the character traits that lead to academic
8    success, such as responsibility, persistence, a hard-work
9    ethic, and the ability to delay gratification.
10    "Cultural competency program" means a staff development
11opportunity to increase the school staffs' ability to meet the
12social, emotional, and academic needs of culturally and
13linguistically diverse students and, at a minimum, allows
14participants to do the following:
15        (i) discuss the impact that our constantly changing,
16    highly technological and globalist society is having on
17    Illinois' public education system;
18        (ii) analyze international, national, State, county,
19    district, and local students' performance data and the
20    achievement gaps that persistently exist between groups;
21        (iii) realize the benefits and challenges of reaching
22    proficiency in cultural competency;
23        (iv) engage in conversations that lead to
24    self-awareness and greater insight regarding diversity;
25    and
26        (v) learn strategies for building student-teacher

 

 

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1    relationships and making instruction more comprehensible
2    and relevant for all students.
3(Source: P.A. 97-305, eff. 1-1-12; 97-915, eff. 1-1-13.)
 
4    (105 ILCS 5/17-2.4)  (from Ch. 122, par. 17-2.4)
5    Sec. 17-2.4. Tax for area career and technical vocational
6education building programs. The school board of any district
7having a population of less than 500,000 inhabitants may, by
8proper resolution, levy an annual tax of not more than .05%
9upon the value as equalized or assessed by the Department of
10Revenue for such purpose, and may accumulate such tax for not
11more than 5 years, for area career and technical vocational
12education building purposes, including the purposes authorized
13by Section 10-22.31b of this Act, upon condition that there are
14not sufficient funds available in the operations and
15maintenance fund of the district to pay the cost thereof. Such
16tax shall not be levied without prior approval of the State
17Superintendent of Education and prior approval by a majority of
18the electors voting upon the proposition at an election, the
19proposition having been certified by the secretary of the
20school board to the proper election authorities for submission
21to the electorate in accordance with the general election law.
22    When the school boards of two or more districts enter into
23a joint agreement for an area career and technical vocational
24education building program under Section 10-22.31b their
25agreement may provide, or may be amended to provide, that the

 

 

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1question of the levy of the tax authorized by this Section
2shall be certified to the proper election authorities, for
3submission to the voters of all of the participating districts
4in accordance with the general election law, in the same
5election and that the approval of that levy by a majority of
6the electors voting upon the proposition in the area comprised
7of the participating districts, considered as a whole, shall be
8deemed to authorize that levy in each participating district
9without regard to the passage or failure of the proposition in
10any district considered separately. However, the school board
11of any district may withdraw from the joint agreement by reason
12of the failure of the electors of that district to approve the
13proposed levy.
14(Source: P.A. 86-970.)
 
15    (105 ILCS 5/18-8.05)
16    Sec. 18-8.05. Basis for apportionment of general State
17financial aid and supplemental general State aid to the common
18schools for the 1998-1999 through the 2016-2017 school years.
 
19(A) General Provisions.
20    (1) The provisions of this Section relating to the
21calculation and apportionment of general State financial aid
22and supplemental general State aid apply to the 1998-1999
23through the 2016-2017 school years. The system of general State
24financial aid provided for in this Section is designed to

 

 

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1assure that, through a combination of State financial aid and
2required local resources, the financial support provided each
3pupil in Average Daily Attendance equals or exceeds a
4prescribed per pupil Foundation Level. This formula approach
5imputes a level of per pupil Available Local Resources and
6provides for the basis to calculate a per pupil level of
7general State financial aid that, when added to Available Local
8Resources, equals or exceeds the Foundation Level. The amount
9of per pupil general State financial aid for school districts,
10in general, varies in inverse relation to Available Local
11Resources. Per pupil amounts are based upon each school
12district's Average Daily Attendance as that term is defined in
13this Section.
14    (2) In addition to general State financial aid, school
15districts with specified levels or concentrations of pupils
16from low income households are eligible to receive supplemental
17general State financial aid grants as provided pursuant to
18subsection (H). The supplemental State aid grants provided for
19school districts under subsection (H) shall be appropriated for
20distribution to school districts as part of the same line item
21in which the general State financial aid of school districts is
22appropriated under this Section.
23    (3) To receive financial assistance under this Section,
24school districts are required to file claims with the State
25Board of Education, subject to the following requirements:
26        (a) Any school district which fails for any given

 

 

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1    school year to maintain school as required by law, or to
2    maintain a recognized school is not eligible to file for
3    such school year any claim upon the Common School Fund. In
4    case of nonrecognition of one or more attendance centers in
5    a school district otherwise operating recognized schools,
6    the claim of the district shall be reduced in the
7    proportion which the Average Daily Attendance in the
8    attendance center or centers bear to the Average Daily
9    Attendance in the school district. A "recognized school"
10    means any public school which meets the standards as
11    established for recognition by the State Board of
12    Education. A school district or attendance center not
13    having recognition status at the end of a school term is
14    entitled to receive State aid payments due upon a legal
15    claim which was filed while it was recognized.
16        (b) School district claims filed under this Section are
17    subject to Sections 18-9 and 18-12, except as otherwise
18    provided in this Section.
19        (c) If a school district operates a full year school
20    under Section 10-19.1, the general State aid to the school
21    district shall be determined by the State Board of
22    Education in accordance with this Section as near as may be
23    applicable.
24        (d) (Blank).
25    (4) Except as provided in subsections (H) and (L), the
26board of any district receiving any of the grants provided for

 

 

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1in this Section may apply those funds to any fund so received
2for which that board is authorized to make expenditures by law.
3    School districts are not required to exert a minimum
4Operating Tax Rate in order to qualify for assistance under
5this Section.
6    (5) As used in this Section the following terms, when
7capitalized, shall have the meaning ascribed herein:
8        (a) "Average Daily Attendance": A count of pupil
9    attendance in school, averaged as provided for in
10    subsection (C) and utilized in deriving per pupil financial
11    support levels.
12        (b) "Available Local Resources": A computation of
13    local financial support, calculated on the basis of Average
14    Daily Attendance and derived as provided pursuant to
15    subsection (D).
16        (c) "Corporate Personal Property Replacement Taxes":
17    Funds paid to local school districts pursuant to "An Act in
18    relation to the abolition of ad valorem personal property
19    tax and the replacement of revenues lost thereby, and
20    amending and repealing certain Acts and parts of Acts in
21    connection therewith", certified August 14, 1979, as
22    amended (Public Act 81-1st S.S.-1).
23        (d) "Foundation Level": A prescribed level of per pupil
24    financial support as provided for in subsection (B).
25        (e) "Operating Tax Rate": All school district property
26    taxes extended for all purposes, except Bond and Interest,

 

 

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1    Summer School, Rent, Capital Improvement, and Career and
2    Technical Vocational Education Building purposes.
 
3(B) Foundation Level.
4    (1) The Foundation Level is a figure established by the
5State representing the minimum level of per pupil financial
6support that should be available to provide for the basic
7education of each pupil in Average Daily Attendance. As set
8forth in this Section, each school district is assumed to exert
9a sufficient local taxing effort such that, in combination with
10the aggregate of general State financial aid provided the
11district, an aggregate of State and local resources are
12available to meet the basic education needs of pupils in the
13district.
14    (2) For the 1998-1999 school year, the Foundation Level of
15support is $4,225. For the 1999-2000 school year, the
16Foundation Level of support is $4,325. For the 2000-2001 school
17year, the Foundation Level of support is $4,425. For the
182001-2002 school year and 2002-2003 school year, the Foundation
19Level of support is $4,560. For the 2003-2004 school year, the
20Foundation Level of support is $4,810. For the 2004-2005 school
21year, the Foundation Level of support is $4,964. For the
222005-2006 school year, the Foundation Level of support is
23$5,164. For the 2006-2007 school year, the Foundation Level of
24support is $5,334. For the 2007-2008 school year, the
25Foundation Level of support is $5,734. For the 2008-2009 school

 

 

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1year, the Foundation Level of support is $5,959.
2    (3) For the 2009-2010 school year and each school year
3thereafter, the Foundation Level of support is $6,119 or such
4greater amount as may be established by law by the General
5Assembly.
 
6(C) Average Daily Attendance.
7    (1) For purposes of calculating general State aid pursuant
8to subsection (E), an Average Daily Attendance figure shall be
9utilized. The Average Daily Attendance figure for formula
10calculation purposes shall be the monthly average of the actual
11number of pupils in attendance of each school district, as
12further averaged for the best 3 months of pupil attendance for
13each school district. In compiling the figures for the number
14of pupils in attendance, school districts and the State Board
15of Education shall, for purposes of general State aid funding,
16conform attendance figures to the requirements of subsection
17(F).
18    (2) The Average Daily Attendance figures utilized in
19subsection (E) shall be the requisite attendance data for the
20school year immediately preceding the school year for which
21general State aid is being calculated or the average of the
22attendance data for the 3 preceding school years, whichever is
23greater. The Average Daily Attendance figures utilized in
24subsection (H) shall be the requisite attendance data for the
25school year immediately preceding the school year for which

 

 

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1general State aid is being calculated.
 
2(D) Available Local Resources.
3    (1) For purposes of calculating general State aid pursuant
4to subsection (E), a representation of Available Local
5Resources per pupil, as that term is defined and determined in
6this subsection, shall be utilized. Available Local Resources
7per pupil shall include a calculated dollar amount representing
8local school district revenues from local property taxes and
9from Corporate Personal Property Replacement Taxes, expressed
10on the basis of pupils in Average Daily Attendance. Calculation
11of Available Local Resources shall exclude any tax amnesty
12funds received as a result of Public Act 93-26.
13    (2) In determining a school district's revenue from local
14property taxes, the State Board of Education shall utilize the
15equalized assessed valuation of all taxable property of each
16school district as of September 30 of the previous year. The
17equalized assessed valuation utilized shall be obtained and
18determined as provided in subsection (G).
19    (3) For school districts maintaining grades kindergarten
20through 12, local property tax revenues per pupil shall be
21calculated as the product of the applicable equalized assessed
22valuation for the district multiplied by 3.00%, and divided by
23the district's Average Daily Attendance figure. For school
24districts maintaining grades kindergarten through 8, local
25property tax revenues per pupil shall be calculated as the

 

 

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1product of the applicable equalized assessed valuation for the
2district multiplied by 2.30%, and divided by the district's
3Average Daily Attendance figure. For school districts
4maintaining grades 9 through 12, local property tax revenues
5per pupil shall be the applicable equalized assessed valuation
6of the district multiplied by 1.05%, and divided by the
7district's Average Daily Attendance figure.
8    For partial elementary unit districts created pursuant to
9Article 11E of this Code, local property tax revenues per pupil
10shall be calculated as the product of the equalized assessed
11valuation for property within the partial elementary unit
12district for elementary purposes, as defined in Article 11E of
13this Code, multiplied by 2.06% and divided by the district's
14Average Daily Attendance figure, plus the product of the
15equalized assessed valuation for property within the partial
16elementary unit district for high school purposes, as defined
17in Article 11E of this Code, multiplied by 0.94% and divided by
18the district's Average Daily Attendance figure.
19    (4) The Corporate Personal Property Replacement Taxes paid
20to each school district during the calendar year one year
21before the calendar year in which a school year begins, divided
22by the Average Daily Attendance figure for that district, shall
23be added to the local property tax revenues per pupil as
24derived by the application of the immediately preceding
25paragraph (3). The sum of these per pupil figures for each
26school district shall constitute Available Local Resources as

 

 

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1that term is utilized in subsection (E) in the calculation of
2general State aid.
 
3(E) Computation of General State Aid.
4    (1) For each school year, the amount of general State aid
5allotted to a school district shall be computed by the State
6Board of Education as provided in this subsection.
7    (2) For any school district for which Available Local
8Resources per pupil is less than the product of 0.93 times the
9Foundation Level, general State aid for that district shall be
10calculated as an amount equal to the Foundation Level minus
11Available Local Resources, multiplied by the Average Daily
12Attendance of the school district.
13    (3) For any school district for which Available Local
14Resources per pupil is equal to or greater than the product of
150.93 times the Foundation Level and less than the product of
161.75 times the Foundation Level, the general State aid per
17pupil shall be a decimal proportion of the Foundation Level
18derived using a linear algorithm. Under this linear algorithm,
19the calculated general State aid per pupil shall decline in
20direct linear fashion from 0.07 times the Foundation Level for
21a school district with Available Local Resources equal to the
22product of 0.93 times the Foundation Level, to 0.05 times the
23Foundation Level for a school district with Available Local
24Resources equal to the product of 1.75 times the Foundation
25Level. The allocation of general State aid for school districts

 

 

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1subject to this paragraph 3 shall be the calculated general
2State aid per pupil figure multiplied by the Average Daily
3Attendance of the school district.
4    (4) For any school district for which Available Local
5Resources per pupil equals or exceeds the product of 1.75 times
6the Foundation Level, the general State aid for the school
7district shall be calculated as the product of $218 multiplied
8by the Average Daily Attendance of the school district.
9    (5) The amount of general State aid allocated to a school
10district for the 1999-2000 school year meeting the requirements
11set forth in paragraph (4) of subsection (G) shall be increased
12by an amount equal to the general State aid that would have
13been received by the district for the 1998-1999 school year by
14utilizing the Extension Limitation Equalized Assessed
15Valuation as calculated in paragraph (4) of subsection (G) less
16the general State aid allotted for the 1998-1999 school year.
17This amount shall be deemed a one time increase, and shall not
18affect any future general State aid allocations.
 
19(F) Compilation of Average Daily Attendance.
20    (1) Each school district shall, by July 1 of each year,
21submit to the State Board of Education, on forms prescribed by
22the State Board of Education, attendance figures for the school
23year that began in the preceding calendar year. The attendance
24information so transmitted shall identify the average daily
25attendance figures for each month of the school year for each

 

 

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1grade level served. Beginning with the general State aid claim
2form for the 2002-2003 school year, districts shall calculate
3Average Daily Attendance as provided in subdivisions (a), (b),
4and (c) of this paragraph (1).
5        (a) In districts that do not hold year-round classes,
6    days of attendance in August shall be added to the month of
7    September and any days of attendance in June shall be added
8    to the month of May.
9        (b) In districts in which all buildings hold year-round
10    classes, days of attendance in July and August shall be
11    added to the month of September and any days of attendance
12    in June shall be added to the month of May.
13        (c) In districts in which some buildings, but not all,
14    hold year-round classes, for the non-year-round buildings,
15    days of attendance in August shall be added to the month of
16    September and any days of attendance in June shall be added
17    to the month of May. The average daily attendance for the
18    year-round buildings shall be computed as provided in
19    subdivision (b) of this paragraph (1). To calculate the
20    Average Daily Attendance for the district, the average
21    daily attendance for the year-round buildings shall be
22    multiplied by the days in session for the non-year-round
23    buildings for each month and added to the monthly
24    attendance of the non-year-round buildings.
25    Except as otherwise provided in this Section, days of
26attendance by pupils shall be counted only for sessions of not

 

 

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1less than 5 clock hours of school work per day under direct
2supervision of: (i) teachers, or (ii) non-teaching personnel or
3volunteer personnel when engaging in non-teaching duties and
4supervising in those instances specified in subsection (a) of
5Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
6of legal school age and in kindergarten and grades 1 through
712. Days of attendance by pupils through verified participation
8in an e-learning program approved by the State Board of
9Education under Section 10-20.56 of the Code shall be
10considered as full days of attendance for purposes of this
11Section.
12    Days of attendance by tuition pupils shall be accredited
13only to the districts that pay the tuition to a recognized
14school.
15    (2) Days of attendance by pupils of less than 5 clock hours
16of school shall be subject to the following provisions in the
17compilation of Average Daily Attendance.
18        (a) Pupils regularly enrolled in a public school for
19    only a part of the school day may be counted on the basis
20    of 1/6 day for every class hour of instruction of 40
21    minutes or more attended pursuant to such enrollment,
22    unless a pupil is enrolled in a block-schedule format of 80
23    minutes or more of instruction, in which case the pupil may
24    be counted on the basis of the proportion of minutes of
25    school work completed each day to the minimum number of
26    minutes that school work is required to be held that day.

 

 

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1        (b) (Blank).
2        (c) A session of 4 or more clock hours may be counted
3    as a day of attendance upon certification by the regional
4    superintendent, and approved by the State Superintendent
5    of Education to the extent that the district has been
6    forced to use daily multiple sessions.
7        (d) A session of 3 or more clock hours may be counted
8    as a day of attendance (1) when the remainder of the school
9    day or at least 2 hours in the evening of that day is
10    utilized for an in-service training program for teachers,
11    up to a maximum of 5 days per school year, provided a
12    district conducts an in-service training program for
13    teachers in accordance with Section 10-22.39 of this Code;
14    or, in lieu of 4 such days, 2 full days may be used, in
15    which event each such day may be counted as a day required
16    for a legal school calendar pursuant to Section 10-19 of
17    this Code; (1.5) when, of the 5 days allowed under item
18    (1), a maximum of 4 days are used for parent-teacher
19    conferences, or, in lieu of 4 such days, 2 full days are
20    used, in which case each such day may be counted as a
21    calendar day required under Section 10-19 of this Code,
22    provided that the full-day, parent-teacher conference
23    consists of (i) a minimum of 5 clock hours of
24    parent-teacher conferences, (ii) both a minimum of 2 clock
25    hours of parent-teacher conferences held in the evening
26    following a full day of student attendance, as specified in

 

 

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1    subsection (F)(1)(c), and a minimum of 3 clock hours of
2    parent-teacher conferences held on the day immediately
3    following evening parent-teacher conferences, or (iii)
4    multiple parent-teacher conferences held in the evenings
5    following full days of student attendance, as specified in
6    subsection (F)(1)(c), in which the time used for the
7    parent-teacher conferences is equivalent to a minimum of 5
8    clock hours; and (2) when days in addition to those
9    provided in items (1) and (1.5) are scheduled by a school
10    pursuant to its school improvement plan adopted under
11    Article 34 or its revised or amended school improvement
12    plan adopted under Article 2, provided that (i) such
13    sessions of 3 or more clock hours are scheduled to occur at
14    regular intervals, (ii) the remainder of the school days in
15    which such sessions occur are utilized for in-service
16    training programs or other staff development activities
17    for teachers, and (iii) a sufficient number of minutes of
18    school work under the direct supervision of teachers are
19    added to the school days between such regularly scheduled
20    sessions to accumulate not less than the number of minutes
21    by which such sessions of 3 or more clock hours fall short
22    of 5 clock hours. Any full days used for the purposes of
23    this paragraph shall not be considered for computing
24    average daily attendance. Days scheduled for in-service
25    training programs, staff development activities, or
26    parent-teacher conferences may be scheduled separately for

 

 

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1    different grade levels and different attendance centers of
2    the district.
3        (e) A session of not less than one clock hour of
4    teaching hospitalized or homebound pupils on-site or by
5    telephone to the classroom may be counted as 1/2 day of
6    attendance, however these pupils must receive 4 or more
7    clock hours of instruction to be counted for a full day of
8    attendance.
9        (f) A session of at least 4 clock hours may be counted
10    as a day of attendance for first grade pupils, and pupils
11    in full day kindergartens, and a session of 2 or more hours
12    may be counted as 1/2 day of attendance by pupils in
13    kindergartens which provide only 1/2 day of attendance.
14        (g) For children with disabilities who are below the
15    age of 6 years and who cannot attend 2 or more clock hours
16    because of their disability or immaturity, a session of not
17    less than one clock hour may be counted as 1/2 day of
18    attendance; however for such children whose educational
19    needs so require a session of 4 or more clock hours may be
20    counted as a full day of attendance.
21        (h) A recognized kindergarten which provides for only
22    1/2 day of attendance by each pupil shall not have more
23    than 1/2 day of attendance counted in any one day. However,
24    kindergartens may count 2 1/2 days of attendance in any 5
25    consecutive school days. When a pupil attends such a
26    kindergarten for 2 half days on any one school day, the

 

 

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1    pupil shall have the following day as a day absent from
2    school, unless the school district obtains permission in
3    writing from the State Superintendent of Education.
4    Attendance at kindergartens which provide for a full day of
5    attendance by each pupil shall be counted the same as
6    attendance by first grade pupils. Only the first year of
7    attendance in one kindergarten shall be counted, except in
8    case of children who entered the kindergarten in their
9    fifth year whose educational development requires a second
10    year of kindergarten as determined under the rules and
11    regulations of the State Board of Education.
12        (i) On the days when the assessment that includes a
13    college and career ready determination is administered
14    under subsection (c) of Section 2-3.64a-5 of this Code, the
15    day of attendance for a pupil whose school day must be
16    shortened to accommodate required testing procedures may
17    be less than 5 clock hours and shall be counted towards the
18    176 days of actual pupil attendance required under Section
19    10-19 of this Code, provided that a sufficient number of
20    minutes of school work in excess of 5 clock hours are first
21    completed on other school days to compensate for the loss
22    of school work on the examination days.
23        (j) Pupils enrolled in a remote educational program
24    established under Section 10-29 of this Code may be counted
25    on the basis of one-fifth day of attendance for every clock
26    hour of instruction attended in the remote educational

 

 

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1    program, provided that, in any month, the school district
2    may not claim for a student enrolled in a remote
3    educational program more days of attendance than the
4    maximum number of days of attendance the district can claim
5    (i) for students enrolled in a building holding year-round
6    classes if the student is classified as participating in
7    the remote educational program on a year-round schedule or
8    (ii) for students enrolled in a building not holding
9    year-round classes if the student is not classified as
10    participating in the remote educational program on a
11    year-round schedule.
 
12(G) Equalized Assessed Valuation Data.
13    (1) For purposes of the calculation of Available Local
14Resources required pursuant to subsection (D), the State Board
15of Education shall secure from the Department of Revenue the
16value as equalized or assessed by the Department of Revenue of
17all taxable property of every school district, together with
18(i) the applicable tax rate used in extending taxes for the
19funds of the district as of September 30 of the previous year
20and (ii) the limiting rate for all school districts subject to
21property tax extension limitations as imposed under the
22Property Tax Extension Limitation Law.
23    The Department of Revenue shall add to the equalized
24assessed value of all taxable property of each school district
25situated entirely or partially within a county that is or was

 

 

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1subject to the provisions of Section 15-176 or 15-177 of the
2Property Tax Code (a) an amount equal to the total amount by
3which the homestead exemption allowed under Section 15-176 or
415-177 of the Property Tax Code for real property situated in
5that school district exceeds the total amount that would have
6been allowed in that school district if the maximum reduction
7under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
8all other counties in tax year 2003 or (ii) $5,000 in all
9counties in tax year 2004 and thereafter and (b) an amount
10equal to the aggregate amount for the taxable year of all
11additional exemptions under Section 15-175 of the Property Tax
12Code for owners with a household income of $30,000 or less. The
13county clerk of any county that is or was subject to the
14provisions of Section 15-176 or 15-177 of the Property Tax Code
15shall annually calculate and certify to the Department of
16Revenue for each school district all homestead exemption
17amounts under Section 15-176 or 15-177 of the Property Tax Code
18and all amounts of additional exemptions under Section 15-175
19of the Property Tax Code for owners with a household income of
20$30,000 or less. It is the intent of this paragraph that if the
21general homestead exemption for a parcel of property is
22determined under Section 15-176 or 15-177 of the Property Tax
23Code rather than Section 15-175, then the calculation of
24Available Local Resources shall not be affected by the
25difference, if any, between the amount of the general homestead
26exemption allowed for that parcel of property under Section

 

 

HB5170- 53 -LRB100 19166 AXK 34431 b

115-176 or 15-177 of the Property Tax Code and the amount that
2would have been allowed had the general homestead exemption for
3that parcel of property been determined under Section 15-175 of
4the Property Tax Code. It is further the intent of this
5paragraph that if additional exemptions are allowed under
6Section 15-175 of the Property Tax Code for owners with a
7household income of less than $30,000, then the calculation of
8Available Local Resources shall not be affected by the
9difference, if any, because of those additional exemptions.
10    This equalized assessed valuation, as adjusted further by
11the requirements of this subsection, shall be utilized in the
12calculation of Available Local Resources.
13    (2) The equalized assessed valuation in paragraph (1) shall
14be adjusted, as applicable, in the following manner:
15        (a) For the purposes of calculating State aid under
16    this Section, with respect to any part of a school district
17    within a redevelopment project area in respect to which a
18    municipality has adopted tax increment allocation
19    financing pursuant to the Tax Increment Allocation
20    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
21    of the Illinois Municipal Code or the Industrial Jobs
22    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
23    Illinois Municipal Code, no part of the current equalized
24    assessed valuation of real property located in any such
25    project area which is attributable to an increase above the
26    total initial equalized assessed valuation of such

 

 

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1    property shall be used as part of the equalized assessed
2    valuation of the district, until such time as all
3    redevelopment project costs have been paid, as provided in
4    Section 11-74.4-8 of the Tax Increment Allocation
5    Redevelopment Act or in Section 11-74.6-35 of the
6    Industrial Jobs Recovery Law. For the purpose of the
7    equalized assessed valuation of the district, the total
8    initial equalized assessed valuation or the current
9    equalized assessed valuation, whichever is lower, shall be
10    used until such time as all redevelopment project costs
11    have been paid.
12        (b) The real property equalized assessed valuation for
13    a school district shall be adjusted by subtracting from the
14    real property value as equalized or assessed by the
15    Department of Revenue for the district an amount computed
16    by dividing the amount of any abatement of taxes under
17    Section 18-170 of the Property Tax Code by 3.00% for a
18    district maintaining grades kindergarten through 12, by
19    2.30% for a district maintaining grades kindergarten
20    through 8, or by 1.05% for a district maintaining grades 9
21    through 12 and adjusted by an amount computed by dividing
22    the amount of any abatement of taxes under subsection (a)
23    of Section 18-165 of the Property Tax Code by the same
24    percentage rates for district type as specified in this
25    subparagraph (b).
26    (3) For the 1999-2000 school year and each school year

 

 

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1thereafter, if a school district meets all of the criteria of
2this subsection (G)(3), the school district's Available Local
3Resources shall be calculated under subsection (D) using the
4district's Extension Limitation Equalized Assessed Valuation
5as calculated under this subsection (G)(3).
6    For purposes of this subsection (G)(3) the following terms
7shall have the following meanings:
8        "Budget Year": The school year for which general State
9    aid is calculated and awarded under subsection (E).
10        "Base Tax Year": The property tax levy year used to
11    calculate the Budget Year allocation of general State aid.
12        "Preceding Tax Year": The property tax levy year
13    immediately preceding the Base Tax Year.
14        "Base Tax Year's Tax Extension": The product of the
15    equalized assessed valuation utilized by the County Clerk
16    in the Base Tax Year multiplied by the limiting rate as
17    calculated by the County Clerk and defined in the Property
18    Tax Extension Limitation Law.
19        "Preceding Tax Year's Tax Extension": The product of
20    the equalized assessed valuation utilized by the County
21    Clerk in the Preceding Tax Year multiplied by the Operating
22    Tax Rate as defined in subsection (A).
23        "Extension Limitation Ratio": A numerical ratio,
24    certified by the County Clerk, in which the numerator is
25    the Base Tax Year's Tax Extension and the denominator is
26    the Preceding Tax Year's Tax Extension.

 

 

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1        "Operating Tax Rate": The operating tax rate as defined
2    in subsection (A).
3    If a school district is subject to property tax extension
4limitations as imposed under the Property Tax Extension
5Limitation Law, the State Board of Education shall calculate
6the Extension Limitation Equalized Assessed Valuation of that
7district. For the 1999-2000 school year, the Extension
8Limitation Equalized Assessed Valuation of a school district as
9calculated by the State Board of Education shall be equal to
10the product of the district's 1996 Equalized Assessed Valuation
11and the district's Extension Limitation Ratio. Except as
12otherwise provided in this paragraph for a school district that
13has approved or does approve an increase in its limiting rate,
14for the 2000-2001 school year and each school year thereafter,
15the Extension Limitation Equalized Assessed Valuation of a
16school district as calculated by the State Board of Education
17shall be equal to the product of the Equalized Assessed
18Valuation last used in the calculation of general State aid and
19the district's Extension Limitation Ratio. If the Extension
20Limitation Equalized Assessed Valuation of a school district as
21calculated under this subsection (G)(3) is less than the
22district's equalized assessed valuation as calculated pursuant
23to subsections (G)(1) and (G)(2), then for purposes of
24calculating the district's general State aid for the Budget
25Year pursuant to subsection (E), that Extension Limitation
26Equalized Assessed Valuation shall be utilized to calculate the

 

 

HB5170- 57 -LRB100 19166 AXK 34431 b

1district's Available Local Resources under subsection (D). For
2the 2009-2010 school year and each school year thereafter, if a
3school district has approved or does approve an increase in its
4limiting rate, pursuant to Section 18-190 of the Property Tax
5Code, affecting the Base Tax Year, the Extension Limitation
6Equalized Assessed Valuation of the school district, as
7calculated by the State Board of Education, shall be equal to
8the product of the Equalized Assessed Valuation last used in
9the calculation of general State aid times an amount equal to
10one plus the percentage increase, if any, in the Consumer Price
11Index for all Urban Consumers for all items published by the
12United States Department of Labor for the 12-month calendar
13year preceding the Base Tax Year, plus the Equalized Assessed
14Valuation of new property, annexed property, and recovered tax
15increment value and minus the Equalized Assessed Valuation of
16disconnected property. New property and recovered tax
17increment value shall have the meanings set forth in the
18Property Tax Extension Limitation Law.
19    Partial elementary unit districts created in accordance
20with Article 11E of this Code shall not be eligible for the
21adjustment in this subsection (G)(3) until the fifth year
22following the effective date of the reorganization.
23    (3.5) For the 2010-2011 school year and each school year
24thereafter, if a school district's boundaries span multiple
25counties, then the Department of Revenue shall send to the
26State Board of Education, for the purpose of calculating

 

 

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1general State aid, the limiting rate and individual rates by
2purpose for the county that contains the majority of the school
3district's Equalized Assessed Valuation.
4    (4) For the purposes of calculating general State aid for
5the 1999-2000 school year only, if a school district
6experienced a triennial reassessment on the equalized assessed
7valuation used in calculating its general State financial aid
8apportionment for the 1998-1999 school year, the State Board of
9Education shall calculate the Extension Limitation Equalized
10Assessed Valuation that would have been used to calculate the
11district's 1998-1999 general State aid. This amount shall equal
12the product of the equalized assessed valuation used to
13calculate general State aid for the 1997-1998 school year and
14the district's Extension Limitation Ratio. If the Extension
15Limitation Equalized Assessed Valuation of the school district
16as calculated under this paragraph (4) is less than the
17district's equalized assessed valuation utilized in
18calculating the district's 1998-1999 general State aid
19allocation, then for purposes of calculating the district's
20general State aid pursuant to paragraph (5) of subsection (E),
21that Extension Limitation Equalized Assessed Valuation shall
22be utilized to calculate the district's Available Local
23Resources.
24    (5) For school districts having a majority of their
25equalized assessed valuation in any county except Cook, DuPage,
26Kane, Lake, McHenry, or Will, if the amount of general State

 

 

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1aid allocated to the school district for the 1999-2000 school
2year under the provisions of subsection (E), (H), and (J) of
3this Section is less than the amount of general State aid
4allocated to the district for the 1998-1999 school year under
5these subsections, then the general State aid of the district
6for the 1999-2000 school year only shall be increased by the
7difference between these amounts. The total payments made under
8this paragraph (5) shall not exceed $14,000,000. Claims shall
9be prorated if they exceed $14,000,000.
 
10(H) Supplemental General State Aid.
11    (1) In addition to the general State aid a school district
12is allotted pursuant to subsection (E), qualifying school
13districts shall receive a grant, paid in conjunction with a
14district's payments of general State aid, for supplemental
15general State aid based upon the concentration level of
16children from low-income households within the school
17district. Supplemental State aid grants provided for school
18districts under this subsection shall be appropriated for
19distribution to school districts as part of the same line item
20in which the general State financial aid of school districts is
21appropriated under this Section.
22    (1.5) This paragraph (1.5) applies only to those school
23years preceding the 2003-2004 school year. For purposes of this
24subsection (H), the term "Low-Income Concentration Level"
25shall be the low-income eligible pupil count from the most

 

 

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1recently available federal census divided by the Average Daily
2Attendance of the school district. If, however, (i) the
3percentage decrease from the 2 most recent federal censuses in
4the low-income eligible pupil count of a high school district
5with fewer than 400 students exceeds by 75% or more the
6percentage change in the total low-income eligible pupil count
7of contiguous elementary school districts, whose boundaries
8are coterminous with the high school district, or (ii) a high
9school district within 2 counties and serving 5 elementary
10school districts, whose boundaries are coterminous with the
11high school district, has a percentage decrease from the 2 most
12recent federal censuses in the low-income eligible pupil count
13and there is a percentage increase in the total low-income
14eligible pupil count of a majority of the elementary school
15districts in excess of 50% from the 2 most recent federal
16censuses, then the high school district's low-income eligible
17pupil count from the earlier federal census shall be the number
18used as the low-income eligible pupil count for the high school
19district, for purposes of this subsection (H). The changes made
20to this paragraph (1) by Public Act 92-28 shall apply to
21supplemental general State aid grants for school years
22preceding the 2003-2004 school year that are paid in fiscal
23year 1999 or thereafter and to any State aid payments made in
24fiscal year 1994 through fiscal year 1998 pursuant to
25subsection 1(n) of Section 18-8 of this Code (which was
26repealed on July 1, 1998), and any high school district that is

 

 

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1affected by Public Act 92-28 is entitled to a recomputation of
2its supplemental general State aid grant or State aid paid in
3any of those fiscal years. This recomputation shall not be
4affected by any other funding.
5    (1.10) This paragraph (1.10) applies to the 2003-2004
6school year and each school year thereafter through the
72016-2017 school year. For purposes of this subsection (H), the
8term "Low-Income Concentration Level" shall, for each fiscal
9year, be the low-income eligible pupil count as of July 1 of
10the immediately preceding fiscal year (as determined by the
11Department of Human Services based on the number of pupils who
12are eligible for at least one of the following low income
13programs: Medicaid, the Children's Health Insurance Program,
14TANF, or Food Stamps, excluding pupils who are eligible for
15services provided by the Department of Children and Family
16Services, averaged over the 2 immediately preceding fiscal
17years for fiscal year 2004 and over the 3 immediately preceding
18fiscal years for each fiscal year thereafter) divided by the
19Average Daily Attendance of the school district.
20    (2) Supplemental general State aid pursuant to this
21subsection (H) shall be provided as follows for the 1998-1999,
221999-2000, and 2000-2001 school years only:
23        (a) For any school district with a Low Income
24    Concentration Level of at least 20% and less than 35%, the
25    grant for any school year shall be $800 multiplied by the
26    low income eligible pupil count.

 

 

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1        (b) For any school district with a Low Income
2    Concentration Level of at least 35% and less than 50%, the
3    grant for the 1998-1999 school year shall be $1,100
4    multiplied by the low income eligible pupil count.
5        (c) For any school district with a Low Income
6    Concentration Level of at least 50% and less than 60%, the
7    grant for the 1998-99 school year shall be $1,500
8    multiplied by the low income eligible pupil count.
9        (d) For any school district with a Low Income
10    Concentration Level of 60% or more, the grant for the
11    1998-99 school year shall be $1,900 multiplied by the low
12    income eligible pupil count.
13        (e) For the 1999-2000 school year, the per pupil amount
14    specified in subparagraphs (b), (c), and (d) immediately
15    above shall be increased to $1,243, $1,600, and $2,000,
16    respectively.
17        (f) For the 2000-2001 school year, the per pupil
18    amounts specified in subparagraphs (b), (c), and (d)
19    immediately above shall be $1,273, $1,640, and $2,050,
20    respectively.
21    (2.5) Supplemental general State aid pursuant to this
22subsection (H) shall be provided as follows for the 2002-2003
23school year:
24        (a) For any school district with a Low Income
25    Concentration Level of less than 10%, the grant for each
26    school year shall be $355 multiplied by the low income

 

 

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1    eligible pupil count.
2        (b) For any school district with a Low Income
3    Concentration Level of at least 10% and less than 20%, the
4    grant for each school year shall be $675 multiplied by the
5    low income eligible pupil count.
6        (c) For any school district with a Low Income
7    Concentration Level of at least 20% and less than 35%, the
8    grant for each school year shall be $1,330 multiplied by
9    the low income eligible pupil count.
10        (d) For any school district with a Low Income
11    Concentration Level of at least 35% and less than 50%, the
12    grant for each school year shall be $1,362 multiplied by
13    the low income eligible pupil count.
14        (e) For any school district with a Low Income
15    Concentration Level of at least 50% and less than 60%, the
16    grant for each school year shall be $1,680 multiplied by
17    the low income eligible pupil count.
18        (f) For any school district with a Low Income
19    Concentration Level of 60% or more, the grant for each
20    school year shall be $2,080 multiplied by the low income
21    eligible pupil count.
22    (2.10) Except as otherwise provided, supplemental general
23State aid pursuant to this subsection (H) shall be provided as
24follows for the 2003-2004 school year and each school year
25thereafter:
26        (a) For any school district with a Low Income

 

 

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1    Concentration Level of 15% or less, the grant for each
2    school year shall be $355 multiplied by the low income
3    eligible pupil count.
4        (b) For any school district with a Low Income
5    Concentration Level greater than 15%, the grant for each
6    school year shall be $294.25 added to the product of $2,700
7    and the square of the Low Income Concentration Level, all
8    multiplied by the low income eligible pupil count.
9    For the 2003-2004 school year and each school year
10thereafter through the 2008-2009 school year only, the grant
11shall be no less than the grant for the 2002-2003 school year.
12For the 2009-2010 school year only, the grant shall be no less
13than the grant for the 2002-2003 school year multiplied by
140.66. For the 2010-2011 school year only, the grant shall be no
15less than the grant for the 2002-2003 school year multiplied by
160.33. Notwithstanding the provisions of this paragraph to the
17contrary, if for any school year supplemental general State aid
18grants are prorated as provided in paragraph (1) of this
19subsection (H), then the grants under this paragraph shall be
20prorated.
21    For the 2003-2004 school year only, the grant shall be no
22greater than the grant received during the 2002-2003 school
23year added to the product of 0.25 multiplied by the difference
24between the grant amount calculated under subsection (a) or (b)
25of this paragraph (2.10), whichever is applicable, and the
26grant received during the 2002-2003 school year. For the

 

 

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12004-2005 school year only, the grant shall be no greater than
2the grant received during the 2002-2003 school year added to
3the product of 0.50 multiplied by the difference between the
4grant amount calculated under subsection (a) or (b) of this
5paragraph (2.10), whichever is applicable, and the grant
6received during the 2002-2003 school year. For the 2005-2006
7school year only, the grant shall be no greater than the grant
8received during the 2002-2003 school year added to the product
9of 0.75 multiplied by the difference between the grant amount
10calculated under subsection (a) or (b) of this paragraph
11(2.10), whichever is applicable, and the grant received during
12the 2002-2003 school year.
13    (3) School districts with an Average Daily Attendance of
14more than 1,000 and less than 50,000 that qualify for
15supplemental general State aid pursuant to this subsection
16shall submit a plan to the State Board of Education prior to
17October 30 of each year for the use of the funds resulting from
18this grant of supplemental general State aid for the
19improvement of instruction in which priority is given to
20meeting the education needs of disadvantaged children. Such
21plan shall be submitted in accordance with rules and
22regulations promulgated by the State Board of Education.
23    (4) School districts with an Average Daily Attendance of
2450,000 or more that qualify for supplemental general State aid
25pursuant to this subsection shall be required to distribute
26from funds available pursuant to this Section, no less than

 

 

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1$261,000,000 in accordance with the following requirements:
2        (a) The required amounts shall be distributed to the
3    attendance centers within the district in proportion to the
4    number of pupils enrolled at each attendance center who are
5    eligible to receive free or reduced-price lunches or
6    breakfasts under the federal Child Nutrition Act of 1966
7    and under the National School Lunch Act during the
8    immediately preceding school year.
9        (b) The distribution of these portions of supplemental
10    and general State aid among attendance centers according to
11    these requirements shall not be compensated for or
12    contravened by adjustments of the total of other funds
13    appropriated to any attendance centers, and the Board of
14    Education shall utilize funding from one or several sources
15    in order to fully implement this provision annually prior
16    to the opening of school.
17        (c) Each attendance center shall be provided by the
18    school district a distribution of noncategorical funds and
19    other categorical funds to which an attendance center is
20    entitled under law in order that the general State aid and
21    supplemental general State aid provided by application of
22    this subsection supplements rather than supplants the
23    noncategorical funds and other categorical funds provided
24    by the school district to the attendance centers.
25        (d) Any funds made available under this subsection that
26    by reason of the provisions of this subsection are not

 

 

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1    required to be allocated and provided to attendance centers
2    may be used and appropriated by the board of the district
3    for any lawful school purpose.
4        (e) Funds received by an attendance center pursuant to
5    this subsection shall be used by the attendance center at
6    the discretion of the principal and local school council
7    for programs to improve educational opportunities at
8    qualifying schools through the following programs and
9    services: early childhood education, reduced class size or
10    improved adult to student classroom ratio, enrichment
11    programs, remedial assistance, attendance improvement, and
12    other educationally beneficial expenditures which
13    supplement the regular and basic programs as determined by
14    the State Board of Education. Funds provided shall not be
15    expended for any political or lobbying purposes as defined
16    by board rule.
17        (f) Each district subject to the provisions of this
18    subdivision (H)(4) shall submit an acceptable plan to meet
19    the educational needs of disadvantaged children, in
20    compliance with the requirements of this paragraph, to the
21    State Board of Education prior to July 15 of each year.
22    This plan shall be consistent with the decisions of local
23    school councils concerning the school expenditure plans
24    developed in accordance with part 4 of Section 34-2.3. The
25    State Board shall approve or reject the plan within 60 days
26    after its submission. If the plan is rejected, the district

 

 

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1    shall give written notice of intent to modify the plan
2    within 15 days of the notification of rejection and then
3    submit a modified plan within 30 days after the date of the
4    written notice of intent to modify. Districts may amend
5    approved plans pursuant to rules promulgated by the State
6    Board of Education.
7        Upon notification by the State Board of Education that
8    the district has not submitted a plan prior to July 15 or a
9    modified plan within the time period specified herein, the
10    State aid funds affected by that plan or modified plan
11    shall be withheld by the State Board of Education until a
12    plan or modified plan is submitted.
13        If the district fails to distribute State aid to
14    attendance centers in accordance with an approved plan, the
15    plan for the following year shall allocate funds, in
16    addition to the funds otherwise required by this
17    subsection, to those attendance centers which were
18    underfunded during the previous year in amounts equal to
19    such underfunding.
20        For purposes of determining compliance with this
21    subsection in relation to the requirements of attendance
22    center funding, each district subject to the provisions of
23    this subsection shall submit as a separate document by
24    December 1 of each year a report of expenditure data for
25    the prior year in addition to any modification of its
26    current plan. If it is determined that there has been a

 

 

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1    failure to comply with the expenditure provisions of this
2    subsection regarding contravention or supplanting, the
3    State Superintendent of Education shall, within 60 days of
4    receipt of the report, notify the district and any affected
5    local school council. The district shall within 45 days of
6    receipt of that notification inform the State
7    Superintendent of Education of the remedial or corrective
8    action to be taken, whether by amendment of the current
9    plan, if feasible, or by adjustment in the plan for the
10    following year. Failure to provide the expenditure report
11    or the notification of remedial or corrective action in a
12    timely manner shall result in a withholding of the affected
13    funds.
14        The State Board of Education shall promulgate rules and
15    regulations to implement the provisions of this
16    subsection. No funds shall be released under this
17    subdivision (H)(4) to any district that has not submitted a
18    plan that has been approved by the State Board of
19    Education.
 
20(I) (Blank).
 
21(J) (Blank).
 
22(K) Grants to Laboratory and Alternative Schools.
23    In calculating the amount to be paid to the governing board

 

 

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1of a public university that operates a laboratory school under
2this Section or to any alternative school that is operated by a
3regional superintendent of schools, the State Board of
4Education shall require by rule such reporting requirements as
5it deems necessary.
6    As used in this Section, "laboratory school" means a public
7school which is created and operated by a public university and
8approved by the State Board of Education. The governing board
9of a public university which receives funds from the State
10Board under this subsection (K) or subsection (g) of Section
1118-8.15 of this Code may not increase the number of students
12enrolled in its laboratory school from a single district, if
13that district is already sending 50 or more students, except
14under a mutual agreement between the school board of a
15student's district of residence and the university which
16operates the laboratory school. A laboratory school may not
17have more than 1,000 students, excluding students with
18disabilities in a special education program.
19    As used in this Section, "alternative school" means a
20public school which is created and operated by a Regional
21Superintendent of Schools and approved by the State Board of
22Education. Such alternative schools may offer courses of
23instruction for which credit is given in regular school
24programs, courses to prepare students for the high school
25equivalency testing program or vocational and occupational
26training. A regional superintendent of schools may contract

 

 

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1with a school district or a public community college district
2to operate an alternative school. An alternative school serving
3more than one educational service region may be established by
4the regional superintendents of schools of the affected
5educational service regions. An alternative school serving
6more than one educational service region may be operated under
7such terms as the regional superintendents of schools of those
8educational service regions may agree.
9    Each laboratory and alternative school shall file, on forms
10provided by the State Superintendent of Education, an annual
11State aid claim which states the Average Daily Attendance of
12the school's students by month. The best 3 months' Average
13Daily Attendance shall be computed for each school. The general
14State aid entitlement shall be computed by multiplying the
15applicable Average Daily Attendance by the Foundation Level as
16determined under this Section.
 
17(L) Payments, Additional Grants in Aid and Other Requirements.
18    (1) For a school district operating under the financial
19supervision of an Authority created under Article 34A, the
20general State aid otherwise payable to that district under this
21Section, but not the supplemental general State aid, shall be
22reduced by an amount equal to the budget for the operations of
23the Authority as certified by the Authority to the State Board
24of Education, and an amount equal to such reduction shall be
25paid to the Authority created for such district for its

 

 

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1operating expenses in the manner provided in Section 18-11. The
2remainder of general State school aid for any such district
3shall be paid in accordance with Article 34A when that Article
4provides for a disposition other than that provided by this
5Article.
6    (2) (Blank).
7    (3) Summer school. Summer school payments shall be made as
8provided in Section 18-4.3.
 
9(M) (Blank).
 
10(N) (Blank).
 
11(O) References.
12    (1) References in other laws to the various subdivisions of
13Section 18-8 as that Section existed before its repeal and
14replacement by this Section 18-8.05 shall be deemed to refer to
15the corresponding provisions of this Section 18-8.05, to the
16extent that those references remain applicable.
17    (2) References in other laws to State Chapter 1 funds shall
18be deemed to refer to the supplemental general State aid
19provided under subsection (H) of this Section.
 
20(P) Public Act 93-838 and Public Act 93-808 make inconsistent
21changes to this Section. Under Section 6 of the Statute on
22Statutes there is an irreconcilable conflict between Public Act

 

 

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193-808 and Public Act 93-838. Public Act 93-838, being the last
2acted upon, is controlling. The text of Public Act 93-838 is
3the law regardless of the text of Public Act 93-808.
 
4(Q) State Fiscal Year 2015 Payments.
5    For payments made for State fiscal year 2015, the State
6Board of Education shall, for each school district, calculate
7that district's pro-rata share of a minimum sum of $13,600,000
8or additional amounts as needed from the total net General
9State Aid funding as calculated under this Section that shall
10be deemed attributable to the provision of special educational
11facilities and services, as defined in Section 14-1.08 of this
12Code, in a manner that ensures compliance with maintenance of
13State financial support requirements under the federal
14Individuals with Disabilities Education Act. Each school
15district must use such funds only for the provision of special
16educational facilities and services, as defined in Section
1714-1.08 of this Code, and must comply with any expenditure
18verification procedures adopted by the State Board of
19Education.
 
20(R) State Fiscal Year 2016 Payments.
21    For payments made for State fiscal year 2016, the State
22Board of Education shall, for each school district, calculate
23that district's pro rata share of a minimum sum of $1 or
24additional amounts as needed from the total net General State

 

 

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1Aid funding as calculated under this Section that shall be
2deemed attributable to the provision of special educational
3facilities and services, as defined in Section 14-1.08 of this
4Code, in a manner that ensures compliance with maintenance of
5State financial support requirements under the federal
6Individuals with Disabilities Education Act. Each school
7district must use such funds only for the provision of special
8educational facilities and services, as defined in Section
914-1.08 of this Code, and must comply with any expenditure
10verification procedures adopted by the State Board of
11Education.
 
12(S) State Fiscal Year 2017 Payments.
13    For payments made for State fiscal year 2017, the State
14Board of Education shall, for each school district, calculate
15that district's pro rata share of a minimum sum of $1 or
16additional amounts as needed from the total net General State
17Aid funding as calculated under this Section that shall be
18deemed attributable to the provision of special educational
19facilities and services, as defined in Section 14-1.08 of this
20Code, in a manner that ensures compliance with maintenance of
21State financial support requirements under the federal
22Individuals with Disabilities Education Act. Each school
23district must use such funds only for the provision of special
24educational facilities and services, as defined in Section
2514-1.08 of this Code, and must comply with any expenditure

 

 

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1verification procedures adopted by the State Board of
2Education.
 
3(T) State Fiscal Year 2018 Payments.
4    For payments made for State fiscal year 2018, the State
5Board of Education shall, for each school district, calculate
6that district's pro rata share of a minimum sum of $1 or
7additional amounts as needed from the total net evidence-based
8funding as calculated under Section 18-8.15 of this Code that
9shall be deemed attributable to the provision of special
10educational facilities and services, as defined in Section
1114-1.08 of this Code, in a manner that ensures compliance with
12maintenance of State financial support requirements under the
13federal Individuals with Disabilities Education Act. Each
14school district must use such funds only for the provision of
15special educational facilities and services, as defined in
16Section 14-1.08 of this Code, and must comply with any
17expenditure verification procedures adopted by the State Board
18of Education.
19(Source: P.A. 99-2, eff. 3-26-15; 99-194, eff. 7-30-15; 99-523,
20eff. 6-30-16; 100-23, eff. 7-6-17; 100-147, eff. 1-1-18;
21100-465, eff. 8-31-17; revised 9-25-17.)
 
22    (105 ILCS 5/18-8.15)
23    Sec. 18-8.15. Evidence-based funding for student success
24for the 2017-2018 and subsequent school years.

 

 

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1    (a) General provisions.
2        (1) The purpose of this Section is to ensure that, by
3    June 30, 2027 and beyond, this State has a kindergarten
4    through grade 12 public education system with the capacity
5    to ensure the educational development of all persons to the
6    limits of their capacities in accordance with Section 1 of
7    Article X of the Constitution of the State of Illinois. To
8    accomplish that objective, this Section creates a method of
9    funding public education that is evidence-based; is
10    sufficient to ensure every student receives a meaningful
11    opportunity to learn irrespective of race, ethnicity,
12    sexual orientation, gender, or community-income level; and
13    is sustainable and predictable. When fully funded under
14    this Section, every school shall have the resources, based
15    on what the evidence indicates is needed, to:
16            (A) provide all students with a high quality
17        education that offers the academic, enrichment, social
18        and emotional support, technical, and career-focused
19        programs that will allow them to become competitive
20        workers, responsible parents, productive citizens of
21        this State, and active members of our national
22        democracy;
23            (B) ensure all students receive the education they
24        need to graduate from high school with the skills
25        required to pursue post-secondary education and
26        training for a rewarding career;

 

 

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1            (C) reduce, with a goal of eliminating, the
2        achievement gap between at-risk and non-at-risk
3        students by raising the performance of at-risk
4        students and not by reducing standards; and
5            (D) ensure this State satisfies its obligation to
6        assume the primary responsibility to fund public
7        education and simultaneously relieve the
8        disproportionate burden placed on local property taxes
9        to fund schools.
10        (2) The evidence-based funding formula under this
11    Section shall be applied to all Organizational Units in
12    this State. The evidence-based funding formula outlined in
13    this Act is based on the formula outlined in Senate Bill 1
14    of the 100th General Assembly, as passed by both
15    legislative chambers. As further defined and described in
16    this Section, there are 4 major components of the
17    evidence-based funding model:
18            (A) First, the model calculates a unique adequacy
19        target for each Organizational Unit in this State that
20        considers the costs to implement research-based
21        activities, the unit's student demographics, and
22        regional wage difference.
23            (B) Second, the model calculates each
24        Organizational Unit's local capacity, or the amount
25        each Organizational Unit is assumed to contribute
26        towards its adequacy target from local resources.

 

 

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1            (C) Third, the model calculates how much funding
2        the State currently contributes to the Organizational
3        Unit, and adds that to the unit's local capacity to
4        determine the unit's overall current adequacy of
5        funding.
6            (D) Finally, the model's distribution method
7        allocates new State funding to those Organizational
8        Units that are least well-funded, considering both
9        local capacity and State funding, in relation to their
10        adequacy target.
11        (3) An Organizational Unit receiving any funding under
12    this Section may apply those funds to any fund so received
13    for which that Organizational Unit is authorized to make
14    expenditures by law.
15        (4) As used in this Section, the following terms shall
16    have the meanings ascribed in this paragraph (4):
17        "Adequacy Target" is defined in paragraph (1) of
18    subsection (b) of this Section.
19        "Adjusted EAV" is defined in paragraph (4) of
20    subsection (d) of this Section.
21        "Adjusted Local Capacity Target" is defined in
22    paragraph (3) of subsection (c) of this Section.
23        "Adjusted Operating Tax Rate" means a tax rate for all
24    Organizational Units, for which the State Superintendent
25    shall calculate and subtract for the Operating Tax Rate a
26    transportation rate based on total expenses for

 

 

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1    transportation services under this Code, as reported on the
2    most recent Annual Financial Report in Pupil
3    Transportation Services, function 2550 in both the
4    Education and Transportation funds and functions 4110 and
5    4120 in the Transportation fund, less any corresponding
6    fiscal year State of Illinois scheduled payments excluding
7    net adjustments for prior years for regular, vocational, or
8    special education transportation reimbursement pursuant to
9    Section 29-5 or subsection (b) of Section 14-13.01 of this
10    Code divided by the Adjusted EAV. If an Organizational
11    Unit's corresponding fiscal year State of Illinois
12    scheduled payments excluding net adjustments for prior
13    years for regular, vocational, or special education
14    transportation reimbursement pursuant to Section 29-5 or
15    subsection (b) of Section 14-13.01 of this Code exceed the
16    total transportation expenses, as defined in this
17    paragraph, no transportation rate shall be subtracted from
18    the Operating Tax Rate.
19        "Allocation Rate" is defined in paragraph (3) of
20    subsection (g) of this Section.
21        "Alternative School" means a public school that is
22    created and operated by a regional superintendent of
23    schools and approved by the State Board.
24        "Applicable Tax Rate" is defined in paragraph (1) of
25    subsection (d) of this Section.
26        "Assessment" means any of those benchmark, progress

 

 

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1    monitoring, formative, diagnostic, and other assessments,
2    in addition to the State accountability assessment, that
3    assist teachers' needs in understanding the skills and
4    meeting the needs of the students they serve.
5        "Assistant principal" means a school administrator
6    duly endorsed to be employed as an assistant principal in
7    this State.
8        "At-risk student" means a student who is at risk of not
9    meeting the Illinois Learning Standards or not graduating
10    from elementary or high school and who demonstrates a need
11    for vocational support or social services beyond that
12    provided by the regular school program. All students
13    included in an Organizational Unit's Low-Income Count, as
14    well as all English learner and disabled students attending
15    the Organizational Unit, shall be considered at-risk
16    students under this Section.
17        "Average Student Enrollment" or "ASE" means, for an
18    Organizational Unit in a given school year, the greater of
19    the average number of students (grades K through 12)
20    reported to the State Board as enrolled in the
21    Organizational Unit on October 1 and March 1, plus the
22    special education pre-kindergarten students with services
23    of at least more than 2 hours a day as reported to the
24    State Board on December 1, in the immediately preceding
25    school year or the average number of students (grades K
26    through 12) reported to the State Board as enrolled in the

 

 

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1    Organizational Unit on October 1 and March 1, plus the
2    special education pre-kindergarten students with services
3    of at least more than 2 hours a day as reported to the
4    State Board on December 1, for each of the immediately
5    preceding 3 school years. For the purposes of this
6    definition, "enrolled in the Organizational Unit" means
7    the number of students reported to the State Board who are
8    enrolled in schools within the Organizational Unit that the
9    student attends or would attend if not placed or
10    transferred to another school or program to receive needed
11    services. For the purposes of calculating "ASE", all
12    students, grades K through 12, excluding those attending
13    kindergarten for a half day, shall be counted as 1.0. All
14    students attending kindergarten for a half day shall be
15    counted as 0.5, unless in 2017 by June 15 or by March 1 in
16    subsequent years, the school district reports to the State
17    Board of Education the intent to implement full-day
18    kindergarten district-wide for all students, then all
19    students attending kindergarten shall be counted as 1.0.
20    Special education pre-kindergarten students shall be
21    counted as 0.5 each. If the State Board does not collect or
22    has not collected both an October 1 and March 1 enrollment
23    count by grade or a December 1 collection of special
24    education pre-kindergarten students as of the effective
25    date of this amendatory Act of the 100th General Assembly,
26    it shall establish such collection for all future years.

 

 

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1    For any year where a count by grade level was collected
2    only once, that count shall be used as the single count
3    available for computing a 3-year average ASE. School
4    districts shall submit the data for the ASE calculation to
5    the State Board within 45 days of the dates required in
6    this Section for submission of enrollment data in order for
7    it to be included in the ASE calculation.
8        "Base Funding Guarantee" is defined in paragraph (10)
9    of subsection (g) of this Section.
10        "Base Funding Minimum" is defined in subsection (e) of
11    this Section.
12        "Base Tax Year" means the property tax levy year used
13    to calculate the Budget Year allocation of primary State
14    aid.
15        "Base Tax Year's Extension" means the product of the
16    equalized assessed valuation utilized by the county clerk
17    in the Base Tax Year multiplied by the limiting rate as
18    calculated by the county clerk and defined in PTELL.
19        "Bilingual Education Allocation" means the amount of
20    an Organizational Unit's final Adequacy Target
21    attributable to bilingual education divided by the
22    Organizational Unit's final Adequacy Target, the product
23    of which shall be multiplied by the amount of new funding
24    received pursuant to this Section. An Organizational
25    Unit's final Adequacy Target attributable to bilingual
26    education shall include all additional investments in

 

 

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1    English learner students' adequacy elements.
2        "Budget Year" means the school year for which primary
3    State aid is calculated and awarded under this Section.
4        "Central office" means individual administrators and
5    support service personnel charged with managing the
6    instructional programs, business and operations, and
7    security of the Organizational Unit.
8        "Comparable Wage Index" or "CWI" means a regional cost
9    differentiation metric that measures systemic, regional
10    variations in the salaries of college graduates who are not
11    educators. The CWI utilized for this Section shall, for the
12    first 3 years of Evidence-Based Funding implementation, be
13    the CWI initially developed by the National Center for
14    Education Statistics, as most recently updated by Texas A &
15    M University. In the fourth and subsequent years of
16    Evidence-Based Funding implementation, the State
17    Superintendent shall re-determine the CWI using a similar
18    methodology to that identified in the Texas A & M
19    University study, with adjustments made no less frequently
20    than once every 5 years.
21        "Computer technology and equipment" means computers
22    servers, notebooks, network equipment, copiers, printers,
23    instructional software, security software, curriculum
24    management courseware, and other similar materials and
25    equipment.
26        "Core subject" means mathematics; science; reading,

 

 

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1    English, writing, and language arts; history and social
2    studies; world languages; and subjects taught as Advanced
3    Placement in high schools.
4        "Core teacher" means a regular classroom teacher in
5    elementary schools and teachers of a core subject in middle
6    and high schools.
7        "Core Intervention teacher (tutor)" means a licensed
8    teacher providing one-on-one or small group tutoring to
9    students struggling to meet proficiency in core subjects.
10        "CPPRT" means corporate personal property replacement
11    tax funds paid to an Organizational Unit during the
12    calendar year one year before the calendar year in which a
13    school year begins, pursuant to "An Act in relation to the
14    abolition of ad valorem personal property tax and the
15    replacement of revenues lost thereby, and amending and
16    repealing certain Acts and parts of Acts in connection
17    therewith", certified August 14, 1979, as amended (Public
18    Act 81-1st S.S.-1).
19        "EAV" means equalized assessed valuation as defined in
20    paragraph (2) of subsection (d) of this Section and
21    calculated in accordance with paragraph (3) of subsection
22    (d) of this Section.
23        "ECI" means the Bureau of Labor Statistics' national
24    employment cost index for civilian workers in educational
25    services in elementary and secondary schools on a
26    cumulative basis for the 12-month calendar year preceding

 

 

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1    the fiscal year of the Evidence-Based Funding calculation.
2        "EIS Data" means the employment information system
3    data maintained by the State Board on educators within
4    Organizational Units.
5        "Employee benefits" means health, dental, and vision
6    insurance offered to employees of an Organizational Unit,
7    the costs associated with statutorily required payment of
8    the normal cost of the Organizational Unit's teacher
9    pensions, Social Security employer contributions, and
10    Illinois Municipal Retirement Fund employer contributions.
11        "English learner" or "EL" means a child included in the
12    definition of "English learners" under Section 14C-2 of
13    this Code participating in a program of transitional
14    bilingual education or a transitional program of
15    instruction meeting the requirements and program
16    application procedures of Article 14C of this Code. For the
17    purposes of collecting the number of EL students enrolled,
18    the same collection and calculation methodology as defined
19    above for "ASE" shall apply to English learners.
20        "Essential Elements" means those elements, resources,
21    and educational programs that have been identified through
22    academic research as necessary to improve student success,
23    improve academic performance, close achievement gaps, and
24    provide for other per student costs related to the delivery
25    and leadership of the Organizational Unit, as well as the
26    maintenance and operations of the unit, and which are

 

 

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1    specified in paragraph (2) of subsection (b) of this
2    Section.
3        "Evidence-Based Funding" means State funding provided
4    to an Organizational Unit pursuant to this Section.
5        "Extended day" means academic and enrichment programs
6    provided to students outside the regular school day before
7    and after school or during non-instructional times during
8    the school day.
9        "Extension Limitation Ratio" means a numerical ratio
10    in which the numerator is the Base Tax Year's Extension and
11    the denominator is the Preceding Tax Year's Extension.
12        "Final Percent of Adequacy" is defined in paragraph (4)
13    of subsection (f) of this Section.
14        "Final Resources" is defined in paragraph (3) of
15    subsection (f) of this Section.
16        "Full-time equivalent" or "FTE" means the full-time
17    equivalency compensation for staffing the relevant
18    position at an Organizational Unit.
19        "Funding Gap" is defined in paragraph (1) of subsection
20    (g).
21        "Guidance counselor" means a licensed guidance
22    counselor who provides guidance and counseling support for
23    students within an Organizational Unit.
24        "Hybrid District" means a partial elementary unit
25    district created pursuant to Article 11E of this Code.
26        "Instructional assistant" means a core or special

 

 

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1    education, non-licensed employee who assists a teacher in
2    the classroom and provides academic support to students.
3        "Instructional facilitator" means a qualified teacher
4    or licensed teacher leader who facilitates and coaches
5    continuous improvement in classroom instruction; provides
6    instructional support to teachers in the elements of
7    research-based instruction or demonstrates the alignment
8    of instruction with curriculum standards and assessment
9    tools; develops or coordinates instructional programs or
10    strategies; develops and implements training; chooses
11    standards-based instructional materials; provides teachers
12    with an understanding of current research; serves as a
13    mentor, site coach, curriculum specialist, or lead
14    teacher; or otherwise works with fellow teachers, in
15    collaboration, to use data to improve instructional
16    practice or develop model lessons.
17        "Instructional materials" means relevant instructional
18    materials for student instruction, including, but not
19    limited to, textbooks, consumable workbooks, laboratory
20    equipment, library books, and other similar materials.
21        "Laboratory School" means a public school that is
22    created and operated by a public university and approved by
23    the State Board.
24        "Librarian" means a teacher with an endorsement as a
25    library information specialist or another individual whose
26    primary responsibility is overseeing library resources

 

 

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1    within an Organizational Unit.
2        "Local Capacity" is defined in paragraph (1) of
3    subsection (c) of this Section.
4        "Local Capacity Percentage" is defined in subparagraph
5    (A) of paragraph (2) of subsection (c) of this Section.
6        "Local Capacity Ratio" is defined in subparagraph (B)
7    of paragraph (2) of subsection (c) of this Section.
8        "Local Capacity Target" is defined in paragraph (2) of
9    subsection (c) of this Section.
10        "Low-Income Count" means, for an Organizational Unit
11    in a fiscal year, the higher of the average number of
12    students for the prior school year or the immediately
13    preceding 3 school years who, as of July 1 of the
14    immediately preceding fiscal year (as determined by the
15    Department of Human Services), are eligible for at least
16    one of the following low income programs: Medicaid, the
17    Children's Health Insurance Program, TANF, or the
18    Supplemental Nutrition Assistance Program, excluding
19    pupils who are eligible for services provided by the
20    Department of Children and Family Services. Until such time
21    that grade level low-income populations become available,
22    grade level low-income populations shall be determined by
23    applying the low-income percentage to total student
24    enrollments by grade level. The low-income percentage is
25    determined by dividing the Low-Income Count by the Average
26    Student Enrollment.

 

 

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1        "Maintenance and operations" means custodial services,
2    facility and ground maintenance, facility operations,
3    facility security, routine facility repairs, and other
4    similar services and functions.
5        "Minimum Funding Level" is defined in paragraph (9) of
6    subsection (g) of this Section.
7        "New Property Tax Relief Pool Funds" means, for any
8    given fiscal year, all State funds appropriated under
9    Section 2-3.170 of the School Code.
10        "New State Funds" means, for a given school year, all
11    State funds appropriated for Evidence-Based Funding in
12    excess of the amount needed to fund the Base Funding
13    Minimum for all Organizational Units in that school year.
14        "Net State Contribution Target" means, for a given
15    school year, the amount of State funds that would be
16    necessary to fully meet the Adequacy Target of an
17    Operational Unit minus the Preliminary Resources available
18    to each unit.
19        "Nurse" means an individual licensed as a certified
20    school nurse, in accordance with the rules established for
21    nursing services by the State Board, who is an employee of
22    and is available to provide health care-related services
23    for students of an Organizational Unit.
24        "Operating Tax Rate" means the rate utilized in the
25    previous year to extend property taxes for all purposes,
26    except, Bond and Interest, Summer School, Rent, Capital

 

 

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1    Improvement, and Career and Technical Vocational Education
2    Building purposes. For Hybrid Districts, the Operating Tax
3    Rate shall be the combined elementary and high school rates
4    utilized in the previous year to extend property taxes for
5    all purposes, except, Bond and Interest, Summer School,
6    Rent, Capital Improvement, and Career and Technical
7    Vocational Education Building purposes.
8        "Organizational Unit" means a Laboratory School, an
9    Alternative School, or any public school district that is
10    recognized as such by the State Board and that contains
11    elementary schools typically serving kindergarten through
12    5th grades, middle schools typically serving 6th through
13    8th grades, or high schools typically serving 9th through
14    12th grades. The General Assembly acknowledges that the
15    actual grade levels served by a particular Organizational
16    Unit may vary slightly from what is typical.
17        "Organizational Unit CWI" is determined by calculating
18    the CWI in the region and original county in which an
19    Organizational Unit's primary administrative office is
20    located as set forth in this paragraph, provided that if
21    the Organizational Unit CWI as calculated in accordance
22    with this paragraph is less than 0.9, the Organizational
23    Unit CWI shall be increased to 0.9. Each county's current
24    CWI value shall be adjusted based on the CWI value of that
25    county's neighboring Illinois counties, to create a
26    "weighted adjusted index value". This shall be calculated

 

 

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1    by summing the CWI values of all of a county's adjacent
2    Illinois counties and dividing by the number of adjacent
3    Illinois counties, then taking the weighted value of the
4    original county's CWI value and the adjacent Illinois
5    county average. To calculate this weighted value, if the
6    number of adjacent Illinois counties is greater than 2, the
7    original county's CWI value will be weighted at 0.25 and
8    the adjacent Illinois county average will be weighted at
9    0.75. If the number of adjacent Illinois counties is 2, the
10    original county's CWI value will be weighted at 0.33 and
11    the adjacent Illinois county average will be weighted at
12    0.66. The greater of the county's current CWI value and its
13    weighted adjusted index value shall be used as the
14    Organizational Unit CWI.
15        "Preceding Tax Year" means the property tax levy year
16    immediately preceding the Base Tax Year.
17        "Preceding Tax Year's Extension" means the product of
18    the equalized assessed valuation utilized by the county
19    clerk in the Preceding Tax Year multiplied by the Operating
20    Tax Rate.
21        "Preliminary Percent of Adequacy" is defined in
22    paragraph (2) of subsection (f) of this Section.
23        "Preliminary Resources" is defined in paragraph (2) of
24    subsection (f) of this Section.
25        "Principal" means a school administrator duly endorsed
26    to be employed as a principal in this State.

 

 

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1        "Professional development" means training programs for
2    licensed staff in schools, including, but not limited to,
3    programs that assist in implementing new curriculum
4    programs, provide data focused or academic assessment data
5    training to help staff identify a student's weaknesses and
6    strengths, target interventions, improve instruction,
7    encompass instructional strategies for English learner,
8    gifted, or at-risk students, address inclusivity, cultural
9    sensitivity, or implicit bias, or otherwise provide
10    professional support for licensed staff.
11        "Prototypical" means 450 special education
12    pre-kindergarten and kindergarten through grade 5 students
13    for an elementary school, 450 grade 6 through 8 students
14    for a middle school, and 600 grade 9 through 12 students
15    for a high school.
16        "PTELL" means the Property Tax Extension Limitation
17    Law.
18        "PTELL EAV" is defined in paragraph (4) of subsection
19    (d) of this Section.
20        "Pupil support staff" means a nurse, psychologist,
21    social worker, family liaison personnel, or other staff
22    member who provides support to at-risk or struggling
23    students.
24        "Real Receipts" is defined in paragraph (1) of
25    subsection (d) of this Section.
26        "Regionalization Factor" means, for a particular

 

 

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1    Organizational Unit, the figure derived by dividing the
2    Organizational Unit CWI by the Statewide Weighted CWI.
3        "School site staff" means the primary school secretary
4    and any additional clerical personnel assigned to a school.
5        "Special education" means special educational
6    facilities and services, as defined in Section 14-1.08 of
7    this Code.
8        "Special Education Allocation" means the amount of an
9    Organizational Unit's final Adequacy Target attributable
10    to special education divided by the Organizational Unit's
11    final Adequacy Target, the product of which shall be
12    multiplied by the amount of new funding received pursuant
13    to this Section. An Organizational Unit's final Adequacy
14    Target attributable to special education shall include all
15    special education investment adequacy elements.
16        "Specialist teacher" means a teacher who provides
17    instruction in subject areas not included in core subjects,
18    including, but not limited to, art, music, physical
19    education, health, driver education, career-technical
20    education, and such other subject areas as may be mandated
21    by State law or provided by an Organizational Unit.
22        "Specially Funded Unit" means an Alternative School,
23    safe school, Department of Juvenile Justice school,
24    special education cooperative or entity recognized by the
25    State Board as a special education cooperative,
26    State-approved charter school, or alternative learning

 

 

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1    opportunities program that received direct funding from
2    the State Board during the 2016-2017 school year through
3    any of the funding sources included within the calculation
4    of the Base Funding Minimum or Glenwood Academy.
5        "Supplemental Grant Funding" means supplemental
6    general State aid funding received by an Organization Unit
7    during the 2016-2017 school year pursuant to subsection (H)
8    of Section 18-8.05 of this Code.
9        "State Adequacy Level" is the sum of the Adequacy
10    Targets of all Organizational Units.
11        "State Board" means the State Board of Education.
12        "State Superintendent" means the State Superintendent
13    of Education.
14        "Statewide Weighted CWI" means a figure determined by
15    multiplying each Organizational Unit CWI times the ASE for
16    that Organizational Unit creating a weighted value,
17    summing all Organizational Unit's weighted values, and
18    dividing by the total ASE of all Organizational Units,
19    thereby creating an average weighted index.
20        "Student activities" means non-credit producing
21    after-school programs, including, but not limited to,
22    clubs, bands, sports, and other activities authorized by
23    the school board of the Organizational Unit.
24        "Substitute teacher" means an individual teacher or
25    teaching assistant who is employed by an Organizational
26    Unit and is temporarily serving the Organizational Unit on

 

 

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1    a per diem or per period-assignment basis replacing another
2    staff member.
3        "Summer school" means academic and enrichment programs
4    provided to students during the summer months outside of
5    the regular school year.
6        "Supervisory aide" means a non-licensed staff member
7    who helps in supervising students of an Organizational
8    Unit, but does so outside of the classroom, in situations
9    such as, but not limited to, monitoring hallways and
10    playgrounds, supervising lunchrooms, or supervising
11    students when being transported in buses serving the
12    Organizational Unit.
13        "Target Ratio" is defined in paragraph (4) of
14    subsection (g).
15        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
16    in paragraph (3) of subsection (g).
17        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
18    Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate
19    Funding" are defined in paragraph (1) of subsection (g).
20    (b) Adequacy Target calculation.
21        (1) Each Organizational Unit's Adequacy Target is the
22    sum of the Organizational Unit's cost of providing
23    Essential Elements, as calculated in accordance with this
24    subsection (b), with the salary amounts in the Essential
25    Elements multiplied by a Regionalization Factor calculated
26    pursuant to paragraph (3) of this subsection (b).

 

 

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1        (2) The Essential Elements are attributable on a pro
2    rata basis related to defined subgroups of the ASE of each
3    Organizational Unit as specified in this paragraph (2),
4    with investments and FTE positions pro rata funded based on
5    ASE counts in excess or less than the thresholds set forth
6    in this paragraph (2). The method for calculating
7    attributable pro rata costs and the defined subgroups
8    thereto are as follows:
9            (A) Core class size investments. Each
10        Organizational Unit shall receive the funding required
11        to support that number of FTE core teacher positions as
12        is needed to keep the respective class sizes of the
13        Organizational Unit to the following maximum numbers:
14                (i) For grades kindergarten through 3, the
15            Organizational Unit shall receive funding required
16            to support one FTE core teacher position for every
17            15 Low-Income Count students in those grades and
18            one FTE core teacher position for every 20
19            non-Low-Income Count students in those grades.
20                (ii) For grades 4 through 12, the
21            Organizational Unit shall receive funding required
22            to support one FTE core teacher position for every
23            20 Low-Income Count students in those grades and
24            one FTE core teacher position for every 25
25            non-Low-Income Count students in those grades.
26            The number of non-Low-Income Count students in a

 

 

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1        grade shall be determined by subtracting the
2        Low-Income students in that grade from the ASE of the
3        Organizational Unit for that grade.
4            (B) Specialist teacher investments. Each
5        Organizational Unit shall receive the funding needed
6        to cover that number of FTE specialist teacher
7        positions that correspond to the following
8        percentages:
9                (i) if the Organizational Unit operates an
10            elementary or middle school, then 20.00% of the
11            number of the Organizational Unit's core teachers,
12            as determined under subparagraph (A) of this
13            paragraph (2); and
14                (ii) if such Organizational Unit operates a
15            high school, then 33.33% of the number of the
16            Organizational Unit's core teachers.
17            (C) Instructional facilitator investments. Each
18        Organizational Unit shall receive the funding needed
19        to cover one FTE instructional facilitator position
20        for every 200 combined ASE of pre-kindergarten
21        children with disabilities and all kindergarten
22        through grade 12 students of the Organizational Unit.
23            (D) Core intervention teacher (tutor) investments.
24        Each Organizational Unit shall receive the funding
25        needed to cover one FTE teacher position for each
26        prototypical elementary, middle, and high school.

 

 

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1            (E) Substitute teacher investments. Each
2        Organizational Unit shall receive the funding needed
3        to cover substitute teacher costs that is equal to
4        5.70% of the minimum pupil attendance days required
5        under Section 10-19 of this Code for all full-time
6        equivalent core, specialist, and intervention
7        teachers, school nurses, special education teachers
8        and instructional assistants, instructional
9        facilitators, and summer school and extended-day
10        teacher positions, as determined under this paragraph
11        (2), at a salary rate of 33.33% of the average salary
12        for grade K through 12 teachers and 33.33% of the
13        average salary of each instructional assistant
14        position.
15            (F) Core guidance counselor investments. Each
16        Organizational Unit shall receive the funding needed
17        to cover one FTE guidance counselor for each 450
18        combined ASE of pre-kindergarten children with
19        disabilities and all kindergarten through grade 5
20        students, plus one FTE guidance counselor for each 250
21        grades 6 through 8 ASE middle school students, plus one
22        FTE guidance counselor for each 250 grades 9 through 12
23        ASE high school students.
24            (G) Nurse investments. Each Organizational Unit
25        shall receive the funding needed to cover one FTE nurse
26        for each 750 combined ASE of pre-kindergarten children

 

 

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1        with disabilities and all kindergarten through grade
2        12 students across all grade levels it serves.
3            (H) Supervisory aide investments. Each
4        Organizational Unit shall receive the funding needed
5        to cover one FTE for each 225 combined ASE of
6        pre-kindergarten children with disabilities and all
7        kindergarten through grade 5 students, plus one FTE for
8        each 225 ASE middle school students, plus one FTE for
9        each 200 ASE high school students.
10            (I) Librarian investments. Each Organizational
11        Unit shall receive the funding needed to cover one FTE
12        librarian for each prototypical elementary school,
13        middle school, and high school and one FTE aide or
14        media technician for every 300 combined ASE of
15        pre-kindergarten children with disabilities and all
16        kindergarten through grade 12 students.
17            (J) Principal investments. Each Organizational
18        Unit shall receive the funding needed to cover one FTE
19        principal position for each prototypical elementary
20        school, plus one FTE principal position for each
21        prototypical middle school, plus one FTE principal
22        position for each prototypical high school.
23            (K) Assistant principal investments. Each
24        Organizational Unit shall receive the funding needed
25        to cover one FTE assistant principal position for each
26        prototypical elementary school, plus one FTE assistant

 

 

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1        principal position for each prototypical middle
2        school, plus one FTE assistant principal position for
3        each prototypical high school.
4            (L) School site staff investments. Each
5        Organizational Unit shall receive the funding needed
6        for one FTE position for each 225 ASE of
7        pre-kindergarten children with disabilities and all
8        kindergarten through grade 5 students, plus one FTE
9        position for each 225 ASE middle school students, plus
10        one FTE position for each 200 ASE high school students.
11            (M) Gifted investments. Each Organizational Unit
12        shall receive $40 per kindergarten through grade 12
13        ASE.
14            (N) Professional development investments. Each
15        Organizational Unit shall receive $125 per student of
16        the combined ASE of pre-kindergarten children with
17        disabilities and all kindergarten through grade 12
18        students for trainers and other professional
19        development-related expenses for supplies and
20        materials.
21            (O) Instructional material investments. Each
22        Organizational Unit shall receive $190 per student of
23        the combined ASE of pre-kindergarten children with
24        disabilities and all kindergarten through grade 12
25        students to cover instructional material costs.
26            (P) Assessment investments. Each Organizational

 

 

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1        Unit shall receive $25 per student of the combined ASE
2        of pre-kindergarten children with disabilities and all
3        kindergarten through grade 12 students student to
4        cover assessment costs.
5            (Q) Computer technology and equipment investments.
6        Each Organizational Unit shall receive $285.50 per
7        student of the combined ASE of pre-kindergarten
8        children with disabilities and all kindergarten
9        through grade 12 students to cover computer technology
10        and equipment costs. For the 2018-2019 school year and
11        subsequent school years, Tier 1 and Tier 2
12        Organizational Units selected by the State Board
13        through a request for proposals process shall, upon the
14        State Board's approval of an Organizational Unit's
15        one-to-one computing technology plan, receive an
16        additional $285.50 per student of the combined ASE of
17        pre-kindergarten children with disabilities and all
18        kindergarten through grade 12 students to cover
19        computer technology and equipment costs. The State
20        Board may establish additional requirements for
21        Organizational Unit expenditures of funds received
22        pursuant to this subparagraph (Q). It is the intent of
23        this amendatory Act of the 100th General Assembly that
24        all Tier 1 and Tier 2 districts that apply for the
25        technology grant receive the addition to their
26        Adequacy Target, subject to compliance with the

 

 

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1        requirements of the State Board.
2            (R) Student activities investments. Each
3        Organizational Unit shall receive the following
4        funding amounts to cover student activities: $100 per
5        kindergarten through grade 5 ASE student in elementary
6        school, plus $200 per ASE student in middle school,
7        plus $675 per ASE student in high school.
8            (S) Maintenance and operations investments. Each
9        Organizational Unit shall receive $1,038 per student
10        of the combined ASE of pre-kindergarten children with
11        disabilities and all kindergarten through grade 12 for
12        day-to-day maintenance and operations expenditures,
13        including salary, supplies, and materials, as well as
14        purchased services, but excluding employee benefits.
15        The proportion of salary for the application of a
16        Regionalization Factor and the calculation of benefits
17        is equal to $352.92.
18            (T) Central office investments. Each
19        Organizational Unit shall receive $742 per student of
20        the combined ASE of pre-kindergarten children with
21        disabilities and all kindergarten through grade 12
22        students to cover central office operations, including
23        administrators and classified personnel charged with
24        managing the instructional programs, business and
25        operations of the school district, and security
26        personnel. The proportion of salary for the

 

 

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1        application of a Regionalization Factor and the
2        calculation of benefits is equal to $368.48.
3            (U) Employee benefit investments. Each
4        Organizational Unit shall receive 30% of the total of
5        all salary-calculated elements of the Adequacy Target,
6        excluding substitute teachers and student activities
7        investments, to cover benefit costs. For central
8        office and maintenance and operations investments, the
9        benefit calculation shall be based upon the salary
10        proportion of each investment. If at any time the
11        responsibility for funding the employer normal cost of
12        teacher pensions is assigned to school districts, then
13        that amount certified by the Teachers' Retirement
14        System of the State of Illinois to be paid by the
15        Organizational Unit for the preceding school year
16        shall be added to the benefit investment. For any
17        fiscal year in which a school district organized under
18        Article 34 of this Code is responsible for paying the
19        employer normal cost of teacher pensions, then that
20        amount of its employer normal cost plus the amount for
21        retiree health insurance as certified by the Public
22        School Teachers' Pension and Retirement Fund of
23        Chicago to be paid by the school district for the
24        preceding school year that is statutorily required to
25        cover employer normal costs and the amount for retiree
26        health insurance shall be added to the 30% specified in

 

 

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1        this subparagraph (U). The Public School Teachers'
2        Pension and Retirement Fund of Chicago shall submit
3        such information as the State Superintendent may
4        require for the calculations set forth in this
5        subparagraph (U).
6            (V) Additional investments in low-income students.
7        In addition to and not in lieu of all other funding
8        under this paragraph (2), each Organizational Unit
9        shall receive funding based on the average teacher
10        salary for grades K through 12 to cover the costs of:
11                (i) one FTE intervention teacher (tutor)
12            position for every 125 Low-Income Count students;
13                (ii) one FTE pupil support staff position for
14            every 125 Low-Income Count students;
15                (iii) one FTE extended day teacher position
16            for every 120 Low-Income Count students; and
17                (iv) one FTE summer school teacher position
18            for every 120 Low-Income Count students.
19            (W) Additional investments in English learner
20        students. In addition to and not in lieu of all other
21        funding under this paragraph (2), each Organizational
22        Unit shall receive funding based on the average teacher
23        salary for grades K through 12 to cover the costs of:
24                (i) one FTE intervention teacher (tutor)
25            position for every 125 English learner students;
26                (ii) one FTE pupil support staff position for

 

 

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1            every 125 English learner students;
2                (iii) one FTE extended day teacher position
3            for every 120 English learner students;
4                (iv) one FTE summer school teacher position
5            for every 120 English learner students; and
6                (v) one FTE core teacher position for every 100
7            English learner students.
8            (X) Special education investments. Each
9        Organizational Unit shall receive funding based on the
10        average teacher salary for grades K through 12 to cover
11        special education as follows:
12                (i) one FTE teacher position for every 141
13            combined ASE of pre-kindergarten children with
14            disabilities and all kindergarten through grade 12
15            students;
16                (ii) one FTE instructional assistant for every
17            141 combined ASE of pre-kindergarten children with
18            disabilities and all kindergarten through grade 12
19            students; and
20                (iii) one FTE psychologist position for every
21            1,000 combined ASE of pre-kindergarten children
22            with disabilities and all kindergarten through
23            grade 12 students.
24        (3) For calculating the salaries included within the
25    Essential Elements, the State Superintendent shall
26    annually calculate average salaries to the nearest dollar

 

 

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1    using the employment information system data maintained by
2    the State Board, limited to public schools only and
3    excluding special education and vocational cooperatives,
4    schools operated by the Department of Juvenile Justice, and
5    charter schools, for the following positions:
6            (A) Teacher for grades K through 8.
7            (B) Teacher for grades 9 through 12.
8            (C) Teacher for grades K through 12.
9            (D) Guidance counselor for grades K through 8.
10            (E) Guidance counselor for grades 9 through 12.
11            (F) Guidance counselor for grades K through 12.
12            (G) Social worker.
13            (H) Psychologist.
14            (I) Librarian.
15            (J) Nurse.
16            (K) Principal.
17            (L) Assistant principal.
18        For the purposes of this paragraph (3), "teacher"
19    includes core teachers, specialist and elective teachers,
20    instructional facilitators, tutors, special education
21    teachers, pupil support staff teachers, English learner
22    teachers, extended-day teachers, and summer school
23    teachers. Where specific grade data is not required for the
24    Essential Elements, the average salary for corresponding
25    positions shall apply. For substitute teachers, the
26    average teacher salary for grades K through 12 shall apply.

 

 

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1        For calculating the salaries included within the
2    Essential Elements for positions not included within EIS
3    Data, the following salaries shall be used in the first
4    year of implementation of Evidence-Based Funding:
5            (i) school site staff, $30,000; and
6            (ii) non-instructional assistant, instructional
7        assistant, library aide, library media tech, or
8        supervisory aide: $25,000.
9        In the second and subsequent years of implementation of
10    Evidence-Based Funding, the amounts in items (i) and (ii)
11    of this paragraph (3) shall annually increase by the ECI.
12        The salary amounts for the Essential Elements
13    determined pursuant to subparagraphs (A) through (L), (S)
14    and (T), and (V) through (X) of paragraph (2) of subsection
15    (b) of this Section shall be multiplied by a
16    Regionalization Factor.
17    (c) Local capacity calculation.
18        (1) Each Organizational Unit's Local Capacity
19    represents an amount of funding it is assumed to contribute
20    toward its Adequacy Target for purposes of the
21    Evidence-Based Funding formula calculation. "Local
22    Capacity" means either (i) the Organizational Unit's Local
23    Capacity Target as calculated in accordance with paragraph
24    (2) of this subsection (c) if its Real Receipts are equal
25    to or less than its Local Capacity Target or (ii) the
26    Organizational Unit's Adjusted Local Capacity, as

 

 

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1    calculated in accordance with paragraph (3) of this
2    subsection (c) if Real Receipts are more than its Local
3    Capacity Target.
4        (2) "Local Capacity Target" means, for an
5    Organizational Unit, that dollar amount that is obtained by
6    multiplying its Adequacy Target by its Local Capacity
7    Ratio.
8            (A) An Organizational Unit's Local Capacity
9        Percentage is the conversion of the Organizational
10        Unit's Local Capacity Ratio, as such ratio is
11        determined in accordance with subparagraph (B) of this
12        paragraph (2), into a normal curve equivalent score to
13        determine each Organizational Unit's relative position
14        to all other Organizational Units in this State. The
15        calculation of Local Capacity Percentage is described
16        in subparagraph (C) of this paragraph (2).
17            (B) An Organizational Unit's Local Capacity Ratio
18        in a given year is the percentage obtained by dividing
19        its Adjusted EAV or PTELL EAV, whichever is less, by
20        its Adequacy Target, with the resulting ratio further
21        adjusted as follows:
22                (i) for Organizational Units serving grades
23            kindergarten through 12 and Hybrid Districts, no
24            further adjustments shall be made;
25                (ii) for Organizational Units serving grades
26            kindergarten through 8, the ratio shall be

 

 

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1            multiplied by 9/13;
2                (iii) for Organizational Units serving grades
3            9 through 12, the Local Capacity Ratio shall be
4            multiplied by 4/13; and
5                (iv) for an Organizational Unit with a
6            different grade configuration than those specified
7            in items (i) through (iii) of this subparagraph
8            (B), the State Superintendent shall determine a
9            comparable adjustment based on the grades served.
10            (C) Local Capacity Percentage converts each
11        Organizational Unit's Local Capacity Ratio to a normal
12        curve equivalent score to determine each
13        Organizational Unit's relative position to all other
14        Organizational Units in this State. The Local Capacity
15        Percentage normal curve equivalent score for each
16        Organizational Unit shall be calculated using the
17        standard normal distribution of the score in relation
18        to the weighted mean and weighted standard deviation
19        and Local Capacity Ratios of all Organizational Units.
20        If the value assigned to any Organizational Unit is in
21        excess of 90%, the value shall be adjusted to 90%. For
22        Laboratory Schools, the Local Capacity Percentage
23        shall be set at 10% in recognition of the absence of
24        EAV and resources from the public university that are
25        allocated to the Laboratory School. The weighted mean
26        for the Local Capacity Percentage shall be determined

 

 

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1        by multiplying each Organizational Unit's Local
2        Capacity Ratio times the ASE for the unit creating a
3        weighted value, summing the weighted values of all
4        Organizational Units, and dividing by the total ASE of
5        all Organizational Units. The weighted standard
6        deviation shall be determined by taking the square root
7        of the weighted variance of all Organizational Units'
8        Local Capacity Ratio, where the variance is calculated
9        by squaring the difference between each unit's Local
10        Capacity Ratio and the weighted mean, then multiplying
11        the variance for each unit times the ASE for the unit
12        to create a weighted variance for each unit, then
13        summing all units' weighted variance and dividing by
14        the total ASE of all units.
15            (D) For any Organizational Unit, the
16        Organizational Unit's Adjusted Local Capacity Target
17        shall be reduced by either (i) the school board's
18        remaining contribution pursuant to paragraph (ii) of
19        subsection (b-4) of Section 16-158 of the Illinois
20        Pension Code in a given year, or (ii) the board of
21        education's remaining contribution pursuant to
22        paragraph (iv) of subsection (b) of Section 17-129 of
23        the Illinois Pension Code absent the employer normal
24        cost portion of the required contribution and amount
25        allowed pursuant to subdivision (3) of Section
26        17-142.1 of the Illinois Pension Code in a given year.

 

 

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1        In the preceding sentence, item (i) shall be certified
2        to the State Board of Education by the Teachers'
3        Retirement System of the State of Illinois and item
4        (ii) shall be certified to the State Board of Education
5        by the Public School Teachers' Pension and Retirement
6        Fund of the City of Chicago.
7        (3) If an Organizational Unit's Real Receipts are more
8    than its Local Capacity Target, then its Local Capacity
9    shall equal an Adjusted Local Capacity Target as calculated
10    in accordance with this paragraph (3). The Adjusted Local
11    Capacity Target is calculated as the sum of the
12    Organizational Unit's Local Capacity Target and its Real
13    Receipts Adjustment. The Real Receipts Adjustment equals
14    the Organizational Unit's Real Receipts less its Local
15    Capacity Target, with the resulting figure multiplied by
16    the Local Capacity Percentage.
17        As used in this paragraph (3), "Real Percent of
18    Adequacy" means the sum of an Organizational Unit's Real
19    Receipts, CPPRT, and Base Funding Minimum, with the
20    resulting figure divided by the Organizational Unit's
21    Adequacy Target.
22    (d) Calculation of Real Receipts, EAV, and Adjusted EAV for
23purposes of the Local Capacity calculation.
24        (1) An Organizational Unit's Real Receipts are the
25    product of its Applicable Tax Rate and its Adjusted EAV. An
26    Organizational Unit's Applicable Tax Rate is its Adjusted

 

 

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1    Operating Tax Rate for property within the Organizational
2    Unit.
3        (2) The State Superintendent shall calculate the
4    Equalized Assessed Valuation, or EAV, of all taxable
5    property of each Organizational Unit as of September 30 of
6    the previous year in accordance with paragraph (3) of this
7    subsection (d). The State Superintendent shall then
8    determine the Adjusted EAV of each Organizational Unit in
9    accordance with paragraph (4) of this subsection (d), which
10    Adjusted EAV figure shall be used for the purposes of
11    calculating Local Capacity.
12        (3) To calculate Real Receipts and EAV, the Department
13    of Revenue shall supply to the State Superintendent the
14    value as equalized or assessed by the Department of Revenue
15    of all taxable property of every Organizational Unit,
16    together with (i) the applicable tax rate used in extending
17    taxes for the funds of the Organizational Unit as of
18    September 30 of the previous year and (ii) the limiting
19    rate for all Organizational Units subject to property tax
20    extension limitations as imposed under PTELL.
21            (A) The Department of Revenue shall add to the
22        equalized assessed value of all taxable property of
23        each Organizational Unit situated entirely or
24        partially within a county that is or was subject to the
25        provisions of Section 15-176 or 15-177 of the Property
26        Tax Code (i) an amount equal to the total amount by

 

 

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1        which the homestead exemption allowed under Section
2        15-176 or 15-177 of the Property Tax Code for real
3        property situated in that Organizational Unit exceeds
4        the total amount that would have been allowed in that
5        Organizational Unit if the maximum reduction under
6        Section 15-176 was (I) $4,500 in Cook County or $3,500
7        in all other counties in tax year 2003 or (II) $5,000
8        in all counties in tax year 2004 and thereafter and
9        (ii) an amount equal to the aggregate amount for the
10        taxable year of all additional exemptions under
11        Section 15-175 of the Property Tax Code for owners with
12        a household income of $30,000 or less. The county clerk
13        of any county that is or was subject to the provisions
14        of Section 15-176 or 15-177 of the Property Tax Code
15        shall annually calculate and certify to the Department
16        of Revenue for each Organizational Unit all homestead
17        exemption amounts under Section 15-176 or 15-177 of the
18        Property Tax Code and all amounts of additional
19        exemptions under Section 15-175 of the Property Tax
20        Code for owners with a household income of $30,000 or
21        less. It is the intent of this subparagraph (A) that if
22        the general homestead exemption for a parcel of
23        property is determined under Section 15-176 or 15-177
24        of the Property Tax Code rather than Section 15-175,
25        then the calculation of EAV shall not be affected by
26        the difference, if any, between the amount of the

 

 

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1        general homestead exemption allowed for that parcel of
2        property under Section 15-176 or 15-177 of the Property
3        Tax Code and the amount that would have been allowed
4        had the general homestead exemption for that parcel of
5        property been determined under Section 15-175 of the
6        Property Tax Code. It is further the intent of this
7        subparagraph (A) that if additional exemptions are
8        allowed under Section 15-175 of the Property Tax Code
9        for owners with a household income of less than
10        $30,000, then the calculation of EAV shall not be
11        affected by the difference, if any, because of those
12        additional exemptions.
13            (B) With respect to any part of an Organizational
14        Unit within a redevelopment project area in respect to
15        which a municipality has adopted tax increment
16        allocation financing pursuant to the Tax Increment
17        Allocation Redevelopment Act, Division 74.4 of the
18        Illinois Municipal Code, or the Industrial Jobs
19        Recovery Law, Division 74.6 of the Illinois Municipal
20        Code, no part of the current EAV of real property
21        located in any such project area which is attributable
22        to an increase above the total initial EAV of such
23        property shall be used as part of the EAV of the
24        Organizational Unit, until such time as all
25        redevelopment project costs have been paid, as
26        provided in Section 11-74.4-8 of the Tax Increment

 

 

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1        Allocation Redevelopment Act or in Section 11-74.6-35
2        of the Industrial Jobs Recovery Law. For the purpose of
3        the EAV of the Organizational Unit, the total initial
4        EAV or the current EAV, whichever is lower, shall be
5        used until such time as all redevelopment project costs
6        have been paid.
7            (B-5) The real property equalized assessed
8        valuation for a school district shall be adjusted by
9        subtracting from the real property value, as equalized
10        or assessed by the Department of Revenue, for the
11        district an amount computed by dividing the amount of
12        any abatement of taxes under Section 18-170 of the
13        Property Tax Code by 3.00% for a district maintaining
14        grades kindergarten through 12, by 2.30% for a district
15        maintaining grades kindergarten through 8, or by 1.05%
16        for a district maintaining grades 9 through 12 and
17        adjusted by an amount computed by dividing the amount
18        of any abatement of taxes under subsection (a) of
19        Section 18-165 of the Property Tax Code by the same
20        percentage rates for district type as specified in this
21        subparagraph (B-5).
22            (C) For Organizational Units that are Hybrid
23        Districts, the State Superintendent shall use the
24        lesser of the equalized assessed valuation for
25        property within the partial elementary unit district
26        for elementary purposes, as defined in Article 11E of

 

 

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1        this Code, or the equalized assessed valuation for
2        property within the partial elementary unit district
3        for high school purposes, as defined in Article 11E of
4        this Code.
5        (4) An Organizational Unit's Adjusted EAV shall be the
6    average of its EAV over the immediately preceding 3 years
7    or its EAV in the immediately preceding year if the EAV in
8    the immediately preceding year has declined by 10% or more
9    compared to the 3-year average. In the event of
10    Organizational Unit reorganization, consolidation, or
11    annexation, the Organizational Unit's Adjusted EAV for the
12    first 3 years after such change shall be as follows: the
13    most current EAV shall be used in the first year, the
14    average of a 2-year EAV or its EAV in the immediately
15    preceding year if the EAV declines by 10% or more compared
16    to the 2-year average for the second year, and a 3-year
17    average EAV or its EAV in the immediately preceding year if
18    the adjusted EAV declines by 10% or more compared to the
19    3-year average for the third year.
20        "PTELL EAV" means a figure calculated by the State
21    Board for Organizational Units subject to PTELL as
22    described in this paragraph (4) for the purposes of
23    calculating an Organizational Unit's Local Capacity Ratio.
24    Except as otherwise provided in this paragraph (4), the
25    PTELL EAV of an Organizational Unit shall be equal to the
26    product of the equalized assessed valuation last used in

 

 

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1    the calculation of general State aid under Section 18-8.05
2    of this Code or Evidence-Based Funding under this Section
3    and the Organizational Unit's Extension Limitation Ratio.
4    If an Organizational Unit has approved or does approve an
5    increase in its limiting rate, pursuant to Section 18-190
6    of the Property Tax Code, affecting the Base Tax Year, the
7    PTELL EAV shall be equal to the product of the equalized
8    assessed valuation last used in the calculation of general
9    State aid under Section 18-8.05 of this Code or
10    Evidence-Based Funding under this Section multiplied by an
11    amount equal to one plus the percentage increase, if any,
12    in the Consumer Price Index for All Urban Consumers for all
13    items published by the United States Department of Labor
14    for the 12-month calendar year preceding the Base Tax Year,
15    plus the equalized assessed valuation of new property,
16    annexed property, and recovered tax increment value and
17    minus the equalized assessed valuation of disconnected
18    property.
19        As used in this paragraph (4), "new property" and
20    "recovered tax increment value" shall have the meanings set
21    forth in the Property Tax Extension Limitation Law.
22    (e) Base Funding Minimum calculation.
23        (1) For the 2017-2018 school year, the Base Funding
24    Minimum of an Organizational Unit, other than a Specially
25    Funded Unit, shall be the amount of State funds distributed
26    to the Organizational Unit during the 2016-2017 school year

 

 

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1    prior to any adjustments and specified appropriation
2    amounts described in this paragraph (1) from the following
3    Sections, as calculated by the State Superintendent:
4    Section 18-8.05 of this Code (general State aid); Section 5
5    of Article 224 of Public Act 99-524 (equity grants);
6    Section 14-7.02b of this Code (funding for children
7    requiring special education services); Section 14-13.01 of
8    this Code (special education facilities and staffing),
9    except for reimbursement of the cost of transportation
10    pursuant to Section 14-13.01; Section 14C-12 of this Code
11    (English learners); and Section 18-4.3 of this Code (summer
12    school), based on an appropriation level of $13,121,600.
13    For a school district organized under Article 34 of this
14    Code, the Base Funding Minimum also includes (i) the funds
15    allocated to the school district pursuant to Section 1D-1
16    of this Code attributable to funding programs authorized by
17    the Sections of this Code listed in the preceding sentence;
18    and (ii) the difference between (I) the funds allocated to
19    the school district pursuant to Section 1D-1 of this Code
20    attributable to the funding programs authorized by Section
21    14-7.02 (non-public special education reimbursement),
22    subsection (b) of Section 14-13.01 (special education
23    transportation), Section 29-5 (transportation), Section
24    2-3.80 (agricultural education), Section 2-3.66 (truants'
25    alternative education), Section 2-3.62 (educational
26    service centers), and Section 14-7.03 (special education -

 

 

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1    orphanage) of this Code and Section 15 of the Childhood
2    Hunger Relief Act (free breakfast program) and (II) the
3    school district's actual expenditures for its non-public
4    special education, special education transportation,
5    transportation programs, agricultural education, truants'
6    alternative education, services that would otherwise be
7    performed by a regional office of education, special
8    education orphanage expenditures, and free breakfast, as
9    most recently calculated and reported pursuant to
10    subsection (f) of Section 1D-1 of this Code. For Specially
11    Funded Units, the Base Funding Minimum shall be the total
12    amount of State funds allotted to the Specially Funded Unit
13    during the 2016-2017 school year. The Base Funding Minimum
14    for Glenwood Academy shall be $625,500.
15        (2) For the 2018-2019 and subsequent school years, the
16    Base Funding Minimum of Organizational Units and Specially
17    Funded Units shall be the sum of (i) the amount of
18    Evidence-Based Funding for the prior school year and (ii)
19    the Base Funding Minimum for the prior school year.
20    (f) Percent of Adequacy and Final Resources calculation.
21        (1) The Evidence-Based Funding formula establishes a
22    Percent of Adequacy for each Organizational Unit in order
23    to place such units into tiers for the purposes of the
24    funding distribution system described in subsection (g) of
25    this Section. Initially, an Organizational Unit's
26    Preliminary Resources and Preliminary Percent of Adequacy

 

 

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1    are calculated pursuant to paragraph (2) of this subsection
2    (f). Then, an Organizational Unit's Final Resources and
3    Final Percent of Adequacy are calculated to account for the
4    Organizational Unit's poverty concentration levels
5    pursuant to paragraphs (3) and (4) of this subsection (f).
6        (2) An Organizational Unit's Preliminary Resources are
7    equal to the sum of its Local Capacity Target, CPPRT, and
8    Base Funding Minimum. An Organizational Unit's Preliminary
9    Percent of Adequacy is the lesser of (i) its Preliminary
10    Resources divided by its Adequacy Target or (ii) 100%.
11        (3) Except for Specially Funded Units, an
12    Organizational Unit's Final Resources are equal the sum of
13    its Local Capacity, CPPRT, and Adjusted Base Funding
14    Minimum. The Base Funding Minimum of each Specially Funded
15    Unit shall serve as its Final Resources, except that the
16    Base Funding Minimum for State-approved charter schools
17    shall not include any portion of general State aid
18    allocated in the prior year based on the per capita tuition
19    charge times the charter school enrollment.
20        (4) An Organizational Unit's Final Percent of Adequacy
21    is its Final Resources divided by its Adequacy Target. An
22    Organizational Unit's Adjusted Base Funding Minimum is
23    equal to its Base Funding Minimum less its Supplemental
24    Grant Funding, with the resulting figure added to the
25    product of its Supplemental Grant Funding and Preliminary
26    Percent of Adequacy.

 

 

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1    (g) Evidence-Based Funding formula distribution system.
2        (1) In each school year under the Evidence-Based
3    Funding formula, each Organizational Unit receives funding
4    equal to the sum of its Base Funding Minimum and the unit's
5    allocation of New State Funds determined pursuant to this
6    subsection (g). To allocate New State Funds, the
7    Evidence-Based Funding formula distribution system first
8    places all Organizational Units into one of 4 tiers in
9    accordance with paragraph (3) of this subsection (g), based
10    on the Organizational Unit's Final Percent of Adequacy. New
11    State Funds are allocated to each of the 4 tiers as
12    follows: Tier 1 Aggregate Funding equals 50% of all New
13    State Funds, Tier 2 Aggregate Funding equals 49% of all New
14    State Funds, Tier 3 Aggregate Funding equals 0.9% of all
15    New State Funds, and Tier 4 Aggregate Funding equals 0.1%
16    of all New State Funds. Each Organizational Unit within
17    Tier 1 or Tier 2 receives an allocation of New State Funds
18    equal to its tier Funding Gap, as defined in the following
19    sentence, multiplied by the tier's Allocation Rate
20    determined pursuant to paragraph (4) of this subsection
21    (g). For Tier 1, an Organizational Unit's Funding Gap
22    equals the tier's Target Ratio, as specified in paragraph
23    (5) of this subsection (g), multiplied by the
24    Organizational Unit's Adequacy Target, with the resulting
25    amount reduced by the Organizational Unit's Final
26    Resources. For Tier 2, an Organizational Unit's Funding Gap

 

 

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1    equals the tier's Target Ratio, as described in paragraph
2    (5) of this subsection (g), multiplied by the
3    Organizational Unit's Adequacy Target, with the resulting
4    amount reduced by the Organizational Unit's Final
5    Resources and its Tier 1 funding allocation. To determine
6    the Organizational Unit's Funding Gap, the resulting
7    amount is then multiplied by a factor equal to one minus
8    the Organizational Unit's Local Capacity Target
9    percentage. Each Organizational Unit within Tier 3 or Tier
10    4 receives an allocation of New State Funds equal to the
11    product of its Adequacy Target and the tier's Allocation
12    Rate, as specified in paragraph (4) of this subsection (g).
13        (2) To ensure equitable distribution of dollars for all
14    Tier 2 Organizational Units, no Tier 2 Organizational Unit
15    shall receive fewer dollars per ASE than any Tier 3
16    Organizational Unit. Each Tier 2 and Tier 3 Organizational
17    Unit shall have its funding allocation divided by its ASE.
18    Any Tier 2 Organizational Unit with a funding allocation
19    per ASE below the greatest Tier 3 allocation per ASE shall
20    get a funding allocation equal to the greatest Tier 3
21    funding allocation per ASE multiplied by the
22    Organizational Unit's ASE. Each Tier 2 Organizational
23    Unit's Tier 2 funding allocation shall be multiplied by the
24    percentage calculated by dividing the original Tier 2
25    Aggregate Funding by the sum of all Tier 2 Organizational
26    Unit's Tier 2 funding allocation after adjusting

 

 

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1    districts' funding below Tier 3 levels.
2        (3) Organizational Units are placed into one of 4 tiers
3    as follows:
4            (A) Tier 1 consists of all Organizational Units,
5        except for Specially Funded Units, with a Percent of
6        Adequacy less than the Tier 1 Target Ratio. The Tier 1
7        Target Ratio is the ratio level that allows for Tier 1
8        Aggregate Funding to be distributed, with the Tier 1
9        Allocation Rate determined pursuant to paragraph (4)
10        of this subsection (g).
11            (B) Tier 2 consists of all Tier 1 Units and all
12        other Organizational Units, except for Specially
13        Funded Units, with a Percent of Adequacy of less than
14        0.90.
15            (C) Tier 3 consists of all Organizational Units,
16        except for Specially Funded Units, with a Percent of
17        Adequacy of at least 0.90 and less than 1.0.
18            (D) Tier 4 consists of all Organizational Units
19        with a Percent of Adequacy of at least 1.0 and
20        Specially Funded Units, excluding Glenwood Academy.
21        (4) The Allocation Rates for Tiers 1 through 4 is
22    determined as follows:
23            (A) The Tier 1 Allocation Rate is 30%.
24            (B) The Tier 2 Allocation Rate is the result of the
25        following equation: Tier 2 Aggregate Funding, divided
26        by the sum of the Funding Gaps for all Tier 2

 

 

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1        Organizational Units, unless the result of such
2        equation is higher than 1.0. If the result of such
3        equation is higher than 1.0, then the Tier 2 Allocation
4        Rate is 1.0.
5            (C) The Tier 3 Allocation Rate is the result of the
6        following equation: Tier 3 Aggregate Funding, divided
7        by the sum of the Adequacy Targets of all Tier 3
8        Organizational Units.
9            (D) The Tier 4 Allocation Rate is the result of the
10        following equation: Tier 4 Aggregate Funding, divided
11        by the sum of the Adequacy Targets of all Tier 4
12        Organizational Units.
13        (5) A tier's Target Ratio is determined as follows:
14            (A) The Tier 1 Target Ratio is the ratio level that
15        allows for Tier 1 Aggregate Funding to be distributed
16        with the Tier 1 Allocation Rate.
17            (B) The Tier 2 Target Ratio is 0.90.
18            (C) The Tier 3 Target Ratio is 1.0.
19        (6) If, at any point, the Tier 1 Target Ratio is
20    greater than 90%, than all Tier 1 funding shall be
21    allocated to Tier 2 and no Tier 1 Organizational Unit's
22    funding may be identified.
23        (7) In the event that all Tier 2 Organizational Units
24    receive funding at the Tier 2 Target Ratio level, any
25    remaining New State Funds shall be allocated to Tier 3 and
26    Tier 4 Organizational Units.

 

 

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1        (8) If any Specially Funded Units, excluding Glenwood
2    Academy, recognized by the State Board do not qualify for
3    direct funding following the implementation of this
4    amendatory Act of the 100th General Assembly from any of
5    the funding sources included within the definition of Base
6    Funding Minimum, the unqualified portion of the Base
7    Funding Minimum shall be transferred to one or more
8    appropriate Organizational Units as determined by the
9    State Superintendent based on the prior year ASE of the
10    Organizational Units.
11        (9) The Minimum Funding Level is intended to establish
12    a target for State funding that will keep pace with
13    inflation and continue to advance equity through the
14    Evidence-Based Funding formula. The target for State
15    funding of New Property Tax Relief Pool Funds is
16    $50,000,000 for State fiscal year 2019 and subsequent State
17    fiscal years. The Minimum Funding Level is equal to
18    $350,000,000. In addition to any New State Funds, no more
19    than $50,000,000 New Property Tax Relief Pool Funds may be
20    counted towards the Minimum Funding Level. If the sum of
21    New State Funds and applicable New Property Tax Relief Pool
22    Funds are less than the Minimum Funding Level, than funding
23    for tiers shall be reduced in the following manner:
24            (A) First, Tier 4 funding shall be reduced by an
25        amount equal to the difference between the Minimum
26        Funding Level and New State Funds until such time as

 

 

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1        Tier 4 funding is exhausted.
2            (B) Next, Tier 3 funding shall be reduced by an
3        amount equal to the difference between the Minimum
4        Funding Level and New State Funds and the reduction in
5        Tier 4 funding until such time as Tier 3 funding is
6        exhausted.
7            (C) Next, Tier 2 funding shall be reduced by an
8        amount equal to the difference between the Minimum
9        Funding level and new State Funds and the reduction
10        Tier 4 and Tier 3.
11            (D) Finally, Tier 1 funding shall be reduced by an
12        amount equal to the difference between the Minimum
13        Funding level and New State Funds and the reduction in
14        Tier 2, 3, and 4 funding. In addition, the Allocation
15        Rate for Tier 1 shall be reduced to a percentage equal
16        to 50%, multiplied by the result of New State Funds
17        divided by the Minimum Funding Level.
18        (9.5) For State fiscal year 2019 and subsequent State
19    fiscal years, if New State Funds exceed $300,000,000, then
20    any amount in excess of $300,000,000 shall be dedicated for
21    purposes of Section 2-3.170 of this Code up to a maximum of
22    $50,000,000.
23        (10) In the event of a decrease in the amount of the
24    appropriation for this Section in any fiscal year after
25    implementation of this Section, the Organizational Units
26    receiving Tier 1 and Tier 2 funding, as determined under

 

 

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1    paragraph (3) of this subsection (g), shall be held
2    harmless by establishing a Base Funding Guarantee equal to
3    the per pupil kindergarten through grade 12 funding
4    received in accordance with this Section in the prior
5    fiscal year. Reductions shall be made to the Base Funding
6    Minimum of Organizational Units in Tier 3 and Tier 4 on a
7    per pupil basis equivalent to the total number of the ASE
8    in Tier 3-funded and Tier 4-funded Organizational Units
9    divided by the total reduction in State funding. The Base
10    Funding Minimum as reduced shall continue to be applied to
11    Tier 3 and Tier 4 Organizational Units and adjusted by the
12    relative formula when increases in appropriations for this
13    Section resume. In no event may State funding reductions to
14    Organizational Units in Tier 3 or Tier 4 exceed an amount
15    that would be less than the Base Funding Minimum
16    established in the first year of implementation of this
17    Section. If additional reductions are required, all school
18    districts shall receive a reduction by a per pupil amount
19    equal to the aggregate additional appropriation reduction
20    divided by the total ASE of all Organizational Units.
21        (11) The State Superintendent shall make minor
22    adjustments to the distribution formula set forth in this
23    subsection (g) to account for the rounding of percentages
24    to the nearest tenth of a percentage and dollar amounts to
25    the nearest whole dollar.
26    (h) State Superintendent administration of funding and

 

 

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1district submission requirements.
2        (1) The State Superintendent shall, in accordance with
3    appropriations made by the General Assembly, meet the
4    funding obligations created under this Section.
5        (2) The State Superintendent shall calculate the
6    Adequacy Target for each Organizational Unit and Net State
7    Contribution Target for each Organizational Unit under
8    this Section. The State Superintendent shall also certify
9    the actual amounts of the New State Funds payable for each
10    eligible Organizational Unit based on the equitable
11    distribution calculation to the unit's treasurer, as soon
12    as possible after such amounts are calculated, including
13    any applicable adjusted charge-off increase. No
14    Evidence-Based Funding shall be distributed within an
15    Organizational Unit without the approval of the unit's
16    school board.
17        (3) Annually, the State Superintendent shall calculate
18    and report to each Organizational Unit the unit's aggregate
19    financial adequacy amount, which shall be the sum of the
20    Adequacy Target for each Organizational Unit. The State
21    Superintendent shall calculate and report separately for
22    each Organizational Unit the unit's total State funds
23    allocated for its students with disabilities. The State
24    Superintendent shall calculate and report separately for
25    each Organizational Unit the amount of funding and
26    applicable FTE calculated for each Essential Element of the

 

 

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1    unit's Adequacy Target.
2        (4) Annually, the State Superintendent shall calculate
3    and report to each Organizational Unit the amount the unit
4    must expend on special education and bilingual education
5    pursuant to the unit's Base Funding Minimum, Special
6    Education Allocation, and Bilingual Education Allocation.
7        (5) Moneys distributed under this Section shall be
8    calculated on a school year basis, but paid on a fiscal
9    year basis, with payments beginning in August and extending
10    through June. Unless otherwise provided, the moneys
11    appropriated for each fiscal year shall be distributed in
12    22 equal payments at least 2 times monthly to each
13    Organizational Unit. The State Board shall publish a yearly
14    distribution schedule at its meeting in June. If moneys
15    appropriated for any fiscal year are distributed other than
16    monthly, the distribution shall be on the same basis for
17    each Organizational Unit.
18        (6) Any school district that fails, for any given
19    school year, to maintain school as required by law or to
20    maintain a recognized school is not eligible to receive
21    Evidence-Based Funding. In case of non-recognition of one
22    or more attendance centers in a school district otherwise
23    operating recognized schools, the claim of the district
24    shall be reduced in the proportion that the enrollment in
25    the attendance center or centers bears to the enrollment of
26    the school district. "Recognized school" means any public

 

 

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1    school that meets the standards for recognition by the
2    State Board. A school district or attendance center not
3    having recognition status at the end of a school term is
4    entitled to receive State aid payments due upon a legal
5    claim that was filed while it was recognized.
6        (7) School district claims filed under this Section are
7    subject to Sections 18-9 and 18-12 of this Code, except as
8    otherwise provided in this Section.
9        (8) Each fiscal year, the State Superintendent shall
10    calculate for each Organizational Unit an amount of its
11    Base Funding Minimum and Evidence-Based Funding that shall
12    be deemed attributable to the provision of special
13    educational facilities and services, as defined in Section
14    14-1.08 of this Code, in a manner that ensures compliance
15    with maintenance of State financial support requirements
16    under the federal Individuals with Disabilities Education
17    Act. An Organizational Unit must use such funds only for
18    the provision of special educational facilities and
19    services, as defined in Section 14-1.08 of this Code, and
20    must comply with any expenditure verification procedures
21    adopted by the State Board.
22        (9) All Organizational Units in this State must submit
23    annual spending plans by the end of September of each year
24    to the State Board as part of the annual budget process,
25    which shall describe how each Organizational Unit will
26    utilize the Base Minimum Funding and Evidence-Based

 

 

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1    funding it receives from this State under this Section with
2    specific identification of the intended utilization of
3    Low-Income, English learner, and special education
4    resources. Additionally, the annual spending plans of each
5    Organizational Unit shall describe how the Organizational
6    Unit expects to achieve student growth and how the
7    Organizational Unit will achieve State education goals, as
8    defined by the State Board. The State Superintendent may,
9    from time to time, identify additional requisites for
10    Organizational Units to satisfy when compiling the annual
11    spending plans required under this subsection (h). The
12    format and scope of annual spending plans shall be
13    developed by the State Superintendent in conjunction with
14    the Professional Review Panel.
15        (10) No later than January 1, 2018, the State
16    Superintendent shall develop a 5-year strategic plan for
17    all Organizational Units to help in planning for adequacy
18    funding under this Section. The State Superintendent shall
19    submit the plan to the Governor and the General Assembly,
20    as provided in Section 3.1 of the General Assembly
21    Organization Act. The plan shall include recommendations
22    for:
23            (A) a framework for collaborative, professional,
24        innovative, and 21st century learning environments
25        using the Evidence-Based Funding model;
26            (B) ways to prepare and support this State's

 

 

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1        educators for successful instructional careers;
2            (C) application and enhancement of the current
3        financial accountability measures, the approved State
4        plan to comply with the federal Every Student Succeeds
5        Act, and the Illinois Balanced Accountability Measures
6        in relation to student growth and elements of the
7        Evidence-Based Funding model; and
8            (D) implementation of an effective school adequacy
9        funding system based on projected and recommended
10        funding levels from the General Assembly.
11    (i) Professional Review Panel.
12        (1) A Professional Review Panel is created to study and
13    review the implementation and effect of the Evidence-Based
14    Funding model under this Section and to recommend continual
15    recalibration and future study topics and modifications to
16    the Evidence-Based Funding model. The Panel shall elect a
17    chairperson and vice chairperson by a majority vote of the
18    Panel and shall advance recommendations based on a majority
19    vote of the Panel. A minority opinion may also accompany
20    any recommendation of the majority of the Panel. The Panel
21    shall be appointed by the State Superintendent, except as
22    otherwise provided in paragraph (2) of this subsection (i)
23    and include the following members:
24            (A) Two appointees that represent district
25        superintendents, recommended by a statewide
26        organization that represents district superintendents.

 

 

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1            (B) Two appointees that represent school boards,
2        recommended by a statewide organization that
3        represents school boards.
4            (C) Two appointees from districts that represent
5        school business officials, recommended by a statewide
6        organization that represents school business
7        officials.
8            (D) Two appointees that represent school
9        principals, recommended by a statewide organization
10        that represents school principals.
11            (E) Two appointees that represent teachers,
12        recommended by a statewide organization that
13        represents teachers.
14            (F) Two appointees that represent teachers,
15        recommended by another statewide organization that
16        represents teachers.
17            (G) Two appointees that represent regional
18        superintendents of schools, recommended by
19        organizations that represent regional superintendents.
20            (H) Two independent experts selected solely by the
21        State Superintendent.
22            (I) Two independent experts recommended by public
23        universities in this State.
24            (J) One member recommended by a statewide
25        organization that represents parents.
26            (K) Two representatives recommended by collective

 

 

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1        impact organizations that represent major metropolitan
2        areas or geographic areas in Illinois.
3            (L) One member from a statewide organization
4        focused on research-based education policy to support
5        a school system that prepares all students for college,
6        a career, and democratic citizenship.
7            (M) One representative from a school district
8        organized under Article 34 of this Code.
9        The State Superintendent shall ensure that the
10    membership of the Panel includes representatives from
11    school districts and communities reflecting the
12    geographic, socio-economic, racial, and ethnic diversity
13    of this State. The State Superintendent shall additionally
14    ensure that the membership of the Panel includes
15    representatives with expertise in bilingual education and
16    special education. Staff from the State Board shall staff
17    the Panel.
18        (2) In addition to those Panel members appointed by the
19    State Superintendent, 4 members of the General Assembly
20    shall be appointed as follows: one member of the House of
21    Representatives appointed by the Speaker of the House of
22    Representatives, one member of the Senate appointed by the
23    President of the Senate, one member of the House of
24    Representatives appointed by the Minority Leader of the
25    House of Representatives, and one member of the Senate
26    appointed by the Minority Leader of the Senate. There shall

 

 

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1    be one additional member appointed by the Governor. All
2    members appointed by legislative leaders or the Governor
3    shall be non-voting, ex officio members.
4        (3) On an annual basis, the State Superintendent shall
5    recalibrate the following per pupil elements of the
6    Adequacy Target and applied to the formulas, based on the
7    Panel's study of average expenses as reported in the most
8    recent annual financial report:
9            (A) gifted under subparagraph (M) of paragraph (2)
10        of subsection (b) of this Section;
11            (B) instructional materials under subparagraph (O)
12        of paragraph (2) of subsection (b) of this Section;
13            (C) assessment under subparagraph (P) of paragraph
14        (2) of subsection (b) of this Section;
15            (D) student activities under subparagraph (R) of
16        paragraph (2) of subsection (b) of this Section;
17            (E) maintenance and operations under subparagraph
18        (S) of paragraph (2) of subsection (b) of this Section;
19        and
20            (F) central office under subparagraph (T) of
21        paragraph (2) of subsection (b) of this Section.
22        (4) On a periodic basis, the Panel shall study all the
23    following elements and make recommendations to the State
24    Board, the General Assembly, and the Governor for
25    modification of this Section:
26            (A) The format and scope of annual spending plans

 

 

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1        referenced in paragraph (9) of subsection (h) of this
2        Section.
3            (B) The Comparable Wage Index under this Section,
4        to be studied by the Panel and reestablished by the
5        State Superintendent every 5 years.
6            (C) Maintenance and operations. Within 5 years
7        after the implementation of this Section, the Panel
8        shall make recommendations for the further study of
9        maintenance and operations costs, including capital
10        maintenance costs, and recommend any additional
11        reporting data required from Organizational Units.
12            (D) "At-risk student" definition. Within 5 years
13        after the implementation of this Section, the Panel
14        shall make recommendations for the further study and
15        determination of an "at-risk student" definition.
16        Within 5 years after the implementation of this
17        Section, the Panel shall evaluate and make
18        recommendations regarding adequate funding for poverty
19        concentration under the Evidence-Based Funding model.
20            (E) Benefits. Within 5 years after the
21        implementation of this Section, the Panel shall make
22        recommendations for further study of benefit costs.
23            (F) Technology. The per pupil target for
24        technology shall be reviewed every 3 years to determine
25        whether current allocations are sufficient to develop
26        21st century learning in all classrooms in this State

 

 

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1        and supporting a one-to-one technological device
2        program in each school. Recommendations shall be made
3        no later than 3 years after the implementation of this
4        Section.
5            (G) Local Capacity Target. Within 3 years after the
6        implementation of this Section, the Panel shall make
7        recommendations for any additional data desired to
8        analyze possible modifications to the Local Capacity
9        Target, to be based on measures in addition to solely
10        EAV and to be completed within 5 years after
11        implementation of this Section.
12            (H) Funding for Alternative Schools, Laboratory
13        Schools, safe schools, and alternative learning
14        opportunities programs. By the beginning of the
15        2021-2022 school year, the Panel shall study and make
16        recommendations regarding the funding levels for
17        Alternative Schools, Laboratory Schools, safe schools,
18        and alternative learning opportunities programs in
19        this State.
20            (I) Funding for college and career acceleration
21        strategies. By the beginning of the 2021-2022 school
22        year, the Panel shall study and make recommendations
23        regarding funding levels to support college and career
24        acceleration strategies in high school that have been
25        demonstrated to result in improved secondary and
26        postsecondary outcomes, including Advanced Placement,

 

 

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1        dual-credit opportunities, and college and career
2        pathway systems.
3            (J) Special education investments. By the
4        beginning of the 2021-2022 school year, the Panel shall
5        study and make recommendations on whether and how to
6        account for disability types within the special
7        education funding category.
8            (K) Early childhood investments. In collaboration
9        with the Illinois Early Learning Council, the Panel
10        shall include an analysis of what level of Preschool
11        for All Children funding would be necessary to serve
12        all children ages 0 through 5 years in the
13        highest-priority service tier, as specified in
14        paragraph (4.5) of subsection (a) of Section 2-3.71 of
15        this Code, and an analysis of the potential cost
16        savings that that level of Preschool for All Children
17        investment would have on the kindergarten through
18        grade 12 system.
19        (5) Within 5 years after the implementation of this
20    Section, the Panel shall complete an evaluative study of
21    the entire Evidence-Based Funding model, including an
22    assessment of whether or not the formula is achieving State
23    goals. The Panel shall report to the State Board, the
24    General Assembly, and the Governor on the findings of the
25    study.
26        (6) Within 3 years after the implementation of this

 

 

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1    Section, the Panel shall evaluate and provide
2    recommendations to the Governor and the General Assembly on
3    the hold-harmless provisions of this Section found in the
4    Base Funding Minimum.
5    (j) References. Beginning July 1, 2017, references in other
6laws to general State aid funds or calculations under Section
718-8.05 of this Code shall be deemed to be references to
8evidence-based model formula funds or calculations under this
9Section.
10(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18.)
 
11    (105 ILCS 5/19-30)  (from Ch. 122, par. 19-30)
12    Sec. 19-30. Any school district which, pursuant to Section
1310-22.31b of this Act, has entered into a joint agreement with
14one or more school districts to acquire, build, establish and
15maintain sites and buildings for area vocational purposes may
16by proper resolution borrow money for the purpose of acquiring
17sites and buildings and building, equipping, improving and
18remodeling buildings and sites for career and technical
19vocational education purposes and as evidence of such
20indebtedness issue bonds without referendum, provided that the
21project which is the subject of such joint agreement has been
22designated by the State Board of Vocational Education and
23Rehabilitation as an Area Secondary Vocational Center, and
24further provided (a) that such district has been authorized by
25referendum to impose the tax under Section 17-2.4 of this Act,

 

 

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1or (b) that such district, not having been so authorized by
2such referendum, by resolution has authorized the payment of
3its proportionate share of the cost of the area vocational
4center under such agreement from funds raised by building tax
5levies. The proceeds of the sale of such bonds may, in the
6discretion of the school board of the district issuing such
7bonds, be transferred to the Capital Development Board, any
8other school district which is a party to such joint agreement
9or the State or any of its agencies provided, however, that
10such board first determines that such transfer is necessary in
11order to accomplish the purposes for which such bonds are
12issued. The amount of the bonds issued by any such
13participating school district shall not exceed the district's
14estimated proportionate share of the cost of the area
15vocational center as budgeted under such agreement and as
16certified by the State Board of Vocational Education and
17Rehabilitation, and provided that (a) any such participating
18district which has been authorized by referendum to impose the
19tax under Section 17-2.4 of this Act, shall thereafter reduce
20the maximum statutory amount which may be raised by such levy
21under Section 17-2.4 to the extent of the total amount to be
22yielded by the imposition of the tax authorized by this
23Section, and (b) any such participating district, not having
24been so authorized by such referendum, but having by resolution
25authorized the payment of its proportionate share of the cost
26of the area vocational center under such joint agreement from

 

 

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1funds raised by building tax levies, shall thereafter, annually
2reduce the maximum statutory amount which may be raised by such
3building tax levies to the extent of the amount to be yielded
4annually by the imposition of the tax authorized by this
5Section. Such bonds shall bear interest at a rate of not to
6exceed the maximum rate authorized by the Bond Authorization
7Act, as amended at the time of the making of the contract, and
8shall mature within 20 years from date.
9    The failure on the part of a school district to abate or
10reduce such taxes as described in (a) and (b) shall not
11constitute a forfeiture by the district of its right to levy
12the direct annual tax authorized by this Section.
13    In order to authorize and issue such bonds, the school
14board shall adopt a resolution fixing the amount of the bonds,
15the date thereof, maturities thereof, rates of interest
16thereof, place of payment and denomination, which shall be in
17denominations of not less than $100 and not more than $5,000
18and provide for the levy and collection of a direct annual tax
19upon all the taxable property in the school district sufficient
20to pay the principal of and interest on such bonds to maturity.
21Upon the filing in the office of the County Clerk or Clerks of
22the County or Counties in which the school district is located
23of a certified copy of such resolution it shall be the duty of
24such County Clerk or Clerks to extend the tax therefor, in
25addition to and in excess of all other taxes heretofore or
26hereafter authorized to be levied by such school district.

 

 

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1    This Section shall be cumulative and it shall constitute
2complete authority for site acquisitions and building programs
3and for the issuance of bonds as provided for hereunder,
4notwithstanding any other statute or law to the contrary.
5    With respect to instruments for the payment of money issued
6under this Section either before, on, or after the effective
7date of this amendatory Act of 1989, it is and always has been
8the intention of the General Assembly (i) that the Omnibus Bond
9Acts are and always have been supplementary grants of power to
10issue instruments in accordance with the Omnibus Bond Acts,
11regardless of any provision of this Act that may appear to be
12or to have been more restrictive than those Acts, (ii) that the
13provisions of this Section are not a limitation on the
14supplementary authority granted by the Omnibus Bond Acts, and
15(iii) that instruments issued under this Section within the
16supplementary authority granted by the Omnibus Bond Acts are
17not invalid because of any provision of this Act that may
18appear to be or to have been more restrictive than those Acts.
19(Source: P.A. 86-4.)
 
20    (105 ILCS 5/21B-80)
21    Sec. 21B-80. Conviction of certain offenses as grounds for
22disqualification for licensure or suspension or revocation of a
23license.
24    (a) As used in this Section:
25    "Drug offense" means any one or more of the following

 

 

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1offenses:
2        (1) Any offense defined in the Cannabis Control Act,
3    except those defined in subdivisions (a), (b), and (c) of
4    Section 4 and subdivisions (a) and (b) of Section 5 of the
5    Cannabis Control Act and any offense for which the holder
6    of a license is placed on probation under the provisions of
7    Section 10 of the Cannabis Control Act, provided that if
8    the terms and conditions of probation required by the court
9    are not fulfilled, the offense is not eligible for this
10    exception.
11        (2) Any offense defined in the Illinois Controlled
12    Substances Act, except any offense for which the holder of
13    a license is placed on probation under the provisions of
14    Section 410 of the Illinois Controlled Substances Act,
15    provided that if the terms and conditions of probation
16    required by the court are not fulfilled, the offense is not
17    eligible for this exception.
18        (3) Any offense defined in the Methamphetamine Control
19    and Community Protection Act, except any offense for which
20    the holder of a license is placed on probation under the
21    provision of Section 70 of that Act, provided that if the
22    terms and conditions of probation required by the court are
23    not fulfilled, the offense is not eligible for this
24    exception.
25        (4) Any attempt to commit any of the offenses listed in
26    items (1) through (3) of this definition.

 

 

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1        (5) Any offense committed or attempted in any other
2    state or against the laws of the United States that, if
3    committed or attempted in this State, would have been
4    punishable as one or more of the offenses listed in items
5    (1) through (4) of this definition.
6The changes made by Public Act 96-431 to this definition are
7declaratory of existing law.
8    "Sentence" includes any period of supervision or probation
9that was imposed either alone or in combination with a period
10of incarceration.
11    "Sex offense" means any one or more of the following
12offenses:
13        (A) Any offense defined in Sections 11-6, 11-6.5,
14    11-6.6, 11-9 through 11-9.5, inclusive, and 11-30 (if
15    punished as a Class 4 felony) of the Criminal Code of 1961
16    or the Criminal Code of 2012; Sections 11-14.1 through
17    11-21, inclusive, of the Criminal Code of 1961 or the
18    Criminal Code of 2012; Sections 11-23 (if punished as a
19    Class 3 felony), 11-24, 11-25, and 11-26 of the Criminal
20    Code of 1961 or the Criminal Code of 2012; and Sections
21    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-4.9,
22    12-13, 12-14, 12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45,
23    and 26-4 (if punished pursuant to subdivision (4) or (5) of
24    subsection (d) of Section 26-4) of the Criminal Code of
25    1961 or the Criminal Code of 2012.
26        (B) Any attempt to commit any of the offenses listed in

 

 

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1    item (A) of this definition.
2        (C) Any offense committed or attempted in any other
3    state that, if committed or attempted in this State, would
4    have been punishable as one or more of the offenses listed
5    in items (A) and (B) of this definition.
6    (b) Whenever the holder of any license issued pursuant to
7this Article or applicant for a license to be issued pursuant
8to this Article has been convicted of any drug offense, other
9than as provided in subsection (c) of this Section, the State
10Superintendent of Education shall forthwith suspend the
11license or deny the application, whichever is applicable, until
127 years following the end of the sentence for the criminal
13offense. If the conviction is reversed and the holder is
14acquitted of the offense in a new trial or the charges against
15him or her are dismissed, the State Superintendent of Education
16shall forthwith terminate the suspension of the license. If the
17conviction becomes final, the State Superintendent of
18Education shall revoke the license.
19    (c) Whenever the holder of a license issued pursuant to
20this Article or applicant for a license to be issued pursuant
21to this Article has been convicted of attempting to commit,
22conspiring to commit, soliciting, or committing any sex
23offense, first degree murder, or a Class X felony or any
24offense committed or attempted in any other state or against
25the laws of the United States that, if committed or attempted
26in this State, would have been punishable as one or more of the

 

 

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1foregoing offenses, the State Superintendent of Education
2shall forthwith suspend the license or deny the application,
3whichever is applicable. If the conviction is reversed and the
4holder is acquitted of that offense in a new trial or the
5charges that he or she committed that offense are dismissed,
6the State Superintendent of Education shall forthwith
7terminate the suspension of the license. When the conviction
8becomes final, the State Superintendent of Education shall
9forthwith revoke the license when the conviction becomes final.
10(Source: P.A. 99-58, eff. 7-16-15; 99-667, eff. 7-29-16.)
 
11    (105 ILCS 5/24A-7)  (from Ch. 122, par. 24A-7)
12    Sec. 24A-7. Rules. The State Board of Education is
13authorized to adopt such rules as are deemed necessary to
14implement and accomplish the purposes and provisions of this
15Article, including, but not limited to, rules (i) relating to
16the methods for measuring student growth (including, but not
17limited to, limitations on the age of useable data; the amount
18of data needed to reliably and validly measure growth for the
19purpose of teacher and principal evaluations; and whether and
20at what time annual State assessments may be used as one of
21multiple measures of student growth), (ii) defining the term
22"significant factor" for purposes of including consideration
23of student growth in performance ratings, (iii) controlling for
24such factors as student characteristics (including, but not
25limited to, students receiving special education and English

 

 

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1Language Learner services), student attendance, and student
2mobility so as to best measure the impact that a teacher,
3principal, school and school district has on students' academic
4achievement, (iv) establishing minimum requirements for
5district teacher and principal evaluation instruments and
6procedures, and (v) establishing a model evaluation plan for
7use by school districts in which student growth shall comprise
850% of the performance rating. Notwithstanding any provision in
9this Section, such rules shall not preclude a school district
10having 500,000 or more inhabitants from using an annual State
11assessment as the sole measure of student growth for purposes
12of teacher or principal evaluations.
13    The State Superintendent of Education shall convene a
14Performance Evaluation Advisory Council, which shall be
15staffed by the State Board of Education. Members of the Council
16shall be selected by the State Superintendent and include,
17without limitation, representatives of teacher unions and
18school district management, persons with expertise in
19performance evaluation processes and systems, as well as other
20stakeholders. The Council shall meet at least quarterly, and
21may also meet at the call of the chairperson of the Council,
22following the effective date of this amendatory Act of the
23100th General Assembly until June 30, 2021. The Council shall
24advise the State Board of Education on the ongoing
25implementation of performance evaluations in this State, which
26may include gathering public feedback, sharing best practices,

 

 

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1consulting with the State Board on any proposed rule changes
2regarding evaluations, and other subjects as determined by the
3chairperson of the Council.
4    Prior to the applicable implementation date, these rules
5shall not apply to teachers assigned to schools identified in
6an agreement entered into between the board of a school
7district operating under Article 34 of this Code and the
8exclusive representative of the district's teachers in
9accordance with Section 34-85c of this Code.
10(Source: P.A. 100-211, eff. 8-18-17.)
 
11    (105 ILCS 5/27-22)  (from Ch. 122, par. 27-22)
12    Sec. 27-22. Required high school courses.
13    (a) (Blank).
14    (b) (Blank).
15    (c) (Blank).
16    (d) (Blank).
17    (e) As a prerequisite to receiving a high school diploma,
18each pupil entering the 9th grade in the 2008-2009 school year
19or a subsequent school year must, in addition to other course
20requirements, successfully complete all of the following
21courses:
22        (1) Four years of language arts.
23        (2) Two years of writing intensive courses, one of
24    which must be English and the other of which may be English
25    or any other subject. When applicable, writing-intensive

 

 

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1    courses may be counted towards the fulfillment of other
2    graduation requirements.
3        (3) Three years of mathematics, one of which must be
4    Algebra I, one of which must include geometry content, and
5    one of which may be an Advanced Placement computer science
6    course if the pupil successfully completes Algebra II or an
7    integrated mathematics course with Algebra II content.
8        (4) Two years of science.
9        (5) Two years of social studies, of which at least one
10    year must be history of the United States or a combination
11    of history of the United States and American government
12    and, beginning with pupils entering the 9th grade in the
13    2016-2017 school year and each school year thereafter, at
14    least one semester must be civics, which shall help young
15    people acquire and learn to use the skills, knowledge, and
16    attitudes that will prepare them to be competent and
17    responsible citizens throughout their lives. Civics course
18    content shall focus on government institutions, the
19    discussion of current and controversial issues, service
20    learning, and simulations of the democratic process.
21    School districts may utilize private funding available for
22    the purposes of offering civics education.
23        (6) One year chosen from (A) music, (B) art, (C)
24    foreign language, which shall be deemed to include American
25    Sign Language, or (D) career and technical vocational
26    education.

 

 

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1    (f) The State Board of Education shall develop and inform
2school districts of standards for writing-intensive
3coursework.
4    (f-5) If a school district offers an Advanced Placement
5computer science course to high school students, then the
6school board must designate that course as equivalent to a high
7school mathematics course and must denote on the student's
8transcript that the Advanced Placement computer science course
9qualifies as a mathematics-based, quantitative course for
10students in accordance with subdivision (3) of subsection (e)
11of this Section.
12    (g) This amendatory Act of 1983 does not apply to pupils
13entering the 9th grade in 1983-1984 school year and prior
14school years or to students with disabilities whose course of
15study is determined by an individualized education program.
16    This amendatory Act of the 94th General Assembly does not
17apply to pupils entering the 9th grade in the 2004-2005 school
18year or a prior school year or to students with disabilities
19whose course of study is determined by an individualized
20education program.
21    (h) The provisions of this Section are subject to the
22provisions of Section 27-22.05 of this Code and the
23Postsecondary and Workforce Readiness Act.
24(Source: P.A. 99-434, eff. 7-1-16 (see P.A. 99-485 for the
25effective date of changes made by P.A. 99-434); 99-485, eff.
2611-20-15; 99-674, eff. 7-29-16; 100-443, eff. 8-25-17.)
 

 

 

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1    (105 ILCS 5/27-22.2)  (from Ch. 122, par. 27-22.2)
2    Sec. 27-22.2. Career and technical Vocational education
3elective. Whenever the school board of any school district
4which maintains grades 9 through 12 establishes a list of
5courses from which secondary school students each must elect at
6least one course, to be completed along with other course
7requirements as a pre-requisite to receiving a high school
8diploma, that school board must include on the list of such
9elective courses at least one course in career and technical
10vocational education.
11(Source: P.A. 84-1334; 84-1438.)
 
12    (105 ILCS 5/27A-12)
13    Sec. 27A-12. Evaluation; report. On or before September 30
14of every odd-numbered year, all local school boards with at
15least one charter school, as well as the Commission, shall
16submit to the State Board any information required by the State
17Board pursuant to applicable rule. On or before the second
18Wednesday in January of every even-numbered year, the State
19Board shall issue a report to the General Assembly and the
20Governor on its findings for the previous 2 school years. The
21report may be submitted electronically in the manner prescribed
22by the State Board. The State Board's report shall summarize
23all of the following:
24        (1) The authorizer's strategic vision for chartering

 

 

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1    and progress toward achieving that vision.
2        (2) The academic and financial performance of all
3    operating charter schools overseen by the authorizer,
4    according to the performance expectations for charter
5    schools set forth in this Article.
6        (3) The status of the authorizer's charter school
7    portfolio, identifying all charter schools in each of the
8    following categories: approved (but not yet open),
9    operating, renewed, transferred, revoked, not renewed,
10    voluntarily closed, or never opened.
11        (4) The authorizing functions provided by the
12    authorizer to the charter schools under its purview,
13    including the authorizer's operating costs and expenses
14    detailed in annual audited financial statements, which
15    must conform with generally accepted accounting
16    principles.
17    Further, in the report required by this Section, the State
18Board (i) shall compare the performance of charter school
19pupils with the performance of ethnically and economically
20comparable groups of pupils in other public schools who are
21enrolled in academically comparable courses, (ii) shall review
22information regarding the regulations and policies from which
23charter schools were released to determine if the exemptions
24assisted or impeded the charter schools in meeting their stated
25goals and objectives, and (iii) shall include suggested changes
26in State law necessary to strengthen charter schools.

 

 

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1    In addition, the State Board shall undertake and report on
2periodic evaluations of charter schools that include
3evaluations of student academic achievement, the extent to
4which charter schools are accomplishing their missions and
5goals, the sufficiency of funding for charter schools, and the
6need for changes in the approval process for charter schools.
7    Based on the information that the State Board receives from
8authorizers and the State Board's ongoing monitoring of both
9charter schools and authorizers, the State Board has the power
10to remove the power to authorize from any authorizer in this
11State if the authorizer does not demonstrate a commitment to
12high-quality authorization practices and, if necessary, revoke
13the chronically low-performing charters authorized by the
14authorizer at the time of the removal. The State Board shall
15adopt rules as needed to carry out this power, including
16provisions to determine the status of schools authorized by an
17authorizer whose authorizing power is revoked.
18(Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)
 
19    (105 ILCS 5/34-225)
20    Sec. 34-225. School transition plans.
21    (a) If the Board approves a school action, the chief
22executive officer or his or her designee shall work
23collaboratively with local school educators and families of
24students attending a school that is the subject of a school
25action to ensure successful integration of affected students

 

 

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1into new learning environments.
2    (b) The chief executive officer or his or her designee
3shall prepare and implement a school transition plan to support
4students attending a school that is the subject of a school
5action that accomplishes the goals of this Section. The chief
6executive must identify and commit specific resources for
7implementation of the school transition plan for a minimum of
8the full first academic year after the board approves a school
9action.
10    (c) The school transition plan shall include the following:
11        (1) services to support the academic, social, and
12    emotional needs of students; supports for students with
13    disabilities, homeless students, and English language
14    learners; and support to address security and safety
15    issues;
16        (2) options to enroll in higher performing schools;
17        (3) informational briefings regarding the choice of
18    schools that include all pertinent information to enable
19    the parent or guardian and child to make an informed
20    choice, including the option to visit the schools of choice
21    prior to making a decision; and
22        (4) the provision of appropriate transportation where
23    practicable.
24    (d) When implementing a school action, the Board must make
25reasonable and demonstrated efforts to ensure that:
26        (1) affected students receive a comparable level of

 

 

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1    social support services provided by Chicago Public Schools
2    that were available at the previous school, provided that
3    the need for such social support services continue to
4    exist; and
5        (2) class sizes of any receiving school do not exceed
6    those established under the Chicago Public Schools policy
7    regarding class size, subject to principal discretion.
8(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11;
997-813, eff. 7-13-12; 97-1133, eff. 11-30-12.)
 
10    (105 ILCS 5/3-3 rep.)
11    Section 10. The School Code is amended by repealing Section
123-3.
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/1A-4from Ch. 122, par. 1A-4
4    105 ILCS 5/1C-4
5    105 ILCS 5/2-3.11from Ch. 122, par. 2-3.11
6    105 ILCS 5/2-3.71afrom Ch. 122, par. 2-3.71a
7    105 ILCS 5/2-3.83from Ch. 122, par. 2-3.83
8    105 ILCS 5/2-3.172
9    105 ILCS 5/10-9from Ch. 122, par. 10-9
10    105 ILCS 5/10-22.31bfrom Ch. 122, par. 10-22.31b
11    105 ILCS 5/10-23.3afrom Ch. 122, par. 10-23.3a
12    105 ILCS 5/11E-130
13    105 ILCS 5/13-41from Ch. 122, par. 13-41
14    105 ILCS 5/14-8.03from Ch. 122, par. 14-8.03
15    105 ILCS 5/14C-13from Ch. 122, par. 14C-13
16    105 ILCS 5/17-2.4from Ch. 122, par. 17-2.4
17    105 ILCS 5/18-8.05
18    105 ILCS 5/18-8.15
19    105 ILCS 5/19-30from Ch. 122, par. 19-30
20    105 ILCS 5/21B-80
21    105 ILCS 5/24A-7from Ch. 122, par. 24A-7
22    105 ILCS 5/27-22from Ch. 122, par. 27-22
23    105 ILCS 5/27-22.2from Ch. 122, par. 27-22.2
24    105 ILCS 5/27A-12
25    105 ILCS 5/34-225

 

 

HB5170- 157 -LRB100 19166 AXK 34431 b

1    105 ILCS 5/3-3 rep.