Rep. David S. Olsen

Filed: 3/12/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5170

2    AMENDMENT NO. ______. Amend House Bill 5170 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
51A-4, 1C-4, 2-3.11, 2-3.71a, 2-3.83, 2-3.162, 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, 24A-7, 27-22, 27-22.2, 27A-12, and 34-225 and
8by renumbering and changing Section 2-3.170 as follows:
 
9    (105 ILCS 5/1A-4)  (from Ch. 122, par. 1A-4)
10    Sec. 1A-4. Powers and duties of the Board.
11    A. (Blank).
12    B. The Board shall determine the qualifications of and
13appoint a chief education officer, to be known as the State
14Superintendent of Education, who may be proposed by the
15Governor and who shall serve at the pleasure of the Board and
16pursuant to a performance-based contract linked to statewide

 

 

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1student performance and academic improvement within Illinois
2schools. Upon expiration or buyout of the contract of the State
3Superintendent of Education in office on the effective date of
4this amendatory Act of the 93rd General Assembly, a State
5Superintendent of Education shall be appointed by a State Board
6of Education that includes the 7 new Board members who were
7appointed to fill seats of members whose terms were terminated
8on the effective date of this amendatory Act of the 93rd
9General Assembly. Thereafter, a State Superintendent of
10Education must, at a minimum, be appointed at the beginning of
11each term of a Governor after that Governor has made
12appointments to the Board. A performance-based contract issued
13for the employment of a State Superintendent of Education
14entered into on or after the effective date of this amendatory
15Act of the 93rd General Assembly must expire no later than
16February 1, 2007, and subsequent contracts must expire no later
17than February 1 each 4 years thereafter. No contract shall be
18extended or renewed beyond February 1, 2007 and February 1 each
194 years thereafter, but a State Superintendent of Education
20shall serve until his or her successor is appointed. Each
21contract entered into on or before January 8, 2007 with a State
22Superintendent of Education must provide that the State Board
23of Education may terminate the contract for cause, and the
24State Board of Education shall not thereafter be liable for
25further payments under the contract. With regard to this
26amendatory Act of the 93rd General Assembly, it is the intent

 

 

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1of the General Assembly that, beginning with the Governor who
2takes office on the second Monday of January, 2007, a State
3Superintendent of Education be appointed at the beginning of
4each term of a Governor after that Governor has made
5appointments to the Board. The State Superintendent of
6Education shall not serve as a member of the State Board of
7Education. The Board shall set the compensation of the State
8Superintendent of Education who shall serve as the Board's
9chief executive officer. The Board shall also establish the
10duties, powers and responsibilities of the State
11Superintendent, which shall be included in the State
12Superintendent's performance-based contract along with the
13goals and indicators of student performance and academic
14improvement used to measure the performance and effectiveness
15of the State Superintendent. The State Board of Education may
16delegate to the State Superintendent of Education the authority
17to act on the Board's behalf, provided such delegation is made
18pursuant to adopted board policy or the powers delegated are
19ministerial in nature. The State Board may not delegate
20authority under this Section to the State Superintendent to (1)
21nonrecognize school districts, (2) withhold State payments as a
22penalty, or (3) make final decisions under the contested case
23provisions of the Illinois Administrative Procedure Act unless
24otherwise provided by law.
25    C. The powers and duties of the State Board of Education
26shall encompass all duties delegated to the Office of

 

 

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1Superintendent of Public Instruction on January 12, 1975,
2except as the law providing for such powers and duties is
3thereafter amended, and such other powers and duties as the
4General Assembly shall designate. The Board shall be
5responsible for the educational policies and guidelines for
6public schools, pre-school through grade 12 and Career and
7Technical Vocational Education in the State of Illinois. The
8Board shall analyze the present and future aims, needs, and
9requirements of education in the State of Illinois and
10recommend to the General Assembly the powers which should be
11exercised by the Board. The Board shall recommend the passage
12and the legislation necessary to determine the appropriate
13relationship between the Board and local boards of education
14and the various State agencies and shall recommend desirable
15modifications in the laws which affect schools.
16    D. Two members of the Board shall be appointed by the
17chairperson to serve on a standing joint Education Committee, 2
18others shall be appointed from the Board of Higher Education, 2
19others shall be appointed by the chairperson of the Illinois
20Community College Board, and 2 others shall be appointed by the
21chairperson of the Human Resource Investment Council. The
22Committee shall be responsible for making recommendations
23concerning the submission of any workforce development plan or
24workforce training program required by federal law or under any
25block grant authority. The Committee will be responsible for
26developing policy on matters of mutual concern to elementary,

 

 

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1secondary and higher education such as Occupational and Career
2Education, Teacher Preparation and Certification, Educational
3Finance, Articulation between Elementary, Secondary and Higher
4Education and Research and Planning. The joint Education
5Committee shall meet at least quarterly and submit an annual
6report of its findings, conclusions, and recommendations to the
7State Board of Education, the Board of Higher Education, the
8Illinois Community College Board, the Human Resource
9Investment Council, the Governor, and the General Assembly. All
10meetings of this Committee shall be official meetings for
11reimbursement under this Act. On the effective date of this
12amendatory Act of the 95th General Assembly, the Joint
13Education Committee is abolished.
14    E. Five members of the Board shall constitute a quorum. A
15majority vote of the members appointed, confirmed and serving
16on the Board is required to approve any action, except that the
177 new Board members who were appointed to fill seats of members
18whose terms were terminated on the effective date of this
19amendatory act of the 93rd General Assembly may vote to approve
20actions when appointed and serving.
21    Using the most recently available data, the Board shall
22prepare and submit electronically, in the manner prescribed by
23the Board, to the General Assembly and the Governor on or
24before each January 14, 1976 and annually thereafter a report
25or reports of its findings and recommendations. Such annual
26report shall contain a separate section which provides a

 

 

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1critique and analysis of the status of education in Illinois
2and which identifies its specific problems and recommends
3express solutions therefor. Such annual report also shall
4contain the following information for the preceding year ending
5on June 30: each act or omission of a school district of which
6the State Board of Education has knowledge as a consequence of
7scheduled, approved visits and which constituted a failure by
8the district to comply with applicable State or federal laws or
9regulations relating to public education, the name of such
10district, the date or dates on which the State Board of
11Education notified the school district of such act or omission,
12and what action, if any, the school district took with respect
13thereto after being notified thereof by the State Board of
14Education. The report shall also include the statewide high
15school dropout rate by grade level, sex and race and the annual
16student dropout rate of and the number of students who graduate
17from, transfer from or otherwise leave bilingual programs. The
18Auditor General shall annually perform a compliance audit of
19the State Board of Education's performance of the reporting
20duty imposed by this amendatory Act of 1986. A regular system
21of communication with other directly related State agencies
22shall be implemented.
23    The requirement for reporting to the General Assembly shall
24be satisfied by filing copies of the report electronically with
25the Speaker, the Minority Leader and the Clerk of the House of
26Representatives and the President, the Minority Leader and the

 

 

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1Secretary of the Senate and the Legislative Council, and as
2otherwise required by Section 3.1 of the General Assembly
3Organization Act, and filing such additional copies with the
4State Government Report Distribution Center for the General
5Assembly as is required under paragraph (t) of Section 7 of the
6State Library Act.
7    F. Upon appointment of the 7 new Board members who were
8appointed to fill seats of members whose terms were terminated
9on the effective date of this amendatory Act of the 93rd
10General Assembly, the Board shall review all of its current
11rules in an effort to streamline procedures, improve
12efficiency, and eliminate unnecessary forms and paperwork.
13(Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)
 
14    (105 ILCS 5/1C-4)
15    Sec. 1C-4. Reports. A school district and other entities
16that receive receives an Early Childhood Education Block Grant
17shall report to the State Board of Education on its use of the
18block grant in such form and detail as the State Board of
19Education may specify. In addition, the report must include the
20following description for the district and the other entities,
21which must also be reported to the General Assembly: block
22grant allocation and expenditures by program; population and
23service levels by program; and administrative expenditures by
24program. The State Board of Education shall ensure that the
25reporting requirements for a district organized under Article

 

 

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134 of this Code are the same as for all other school districts
2in this State.
3(Source: P.A. 99-30, eff. 7-10-15.)
 
4    (105 ILCS 5/2-3.11)  (from Ch. 122, par. 2-3.11)
5    Sec. 2-3.11. Report to Governor and General Assembly. To
6report electronically, in the manner prescribed by the State
7Board of Education, to the Governor and General Assembly
8annually on or before January 14 the condition of the schools
9of the State using the most recently available data.
10    Such annual report shall contain reports of the State
11Teacher Certification Board; the schools of the State
12charitable institutions; reports on driver education, special
13education, and transportation; and for such year the annual
14statistical reports of the State Board of Education, including
15the number and kinds of school districts; number of school
16attendance centers; number of men and women teachers;
17enrollment by grades; total enrollment; total days attendance;
18total days absence; average daily attendance; number of
19elementary and secondary school graduates; assessed valuation;
20tax levies and tax rates for various purposes; amount of
21teachers' orders, anticipation warrants, and bonds
22outstanding; and number of men and women teachers and total
23enrollment of private schools. The report shall give for all
24school districts receipts from all sources and expenditures for
25all purposes for each fund; the total operating expense, the

 

 

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1per capita cost, and instructional expenditures; federal and
2state aids and reimbursements; new school buildings, and
3recognized schools; together with such other information and
4suggestions as the State Board of Education may deem important
5in relation to the schools and school laws and the means of
6promoting education throughout the state.
7    In this Section, "instructional expenditures" means the
8annual expenditures of school districts properly attributable
9to expenditure functions defined in rules of the State Board of
10Education as: 1100 (Regular Education); 1200-1220 (Special
11Education); 1250 (Ed. Deprived/Remedial); 1400 (Vocational
12Programs); 1600 (Summer School); 1650 (Gifted); 1800
13(Bilingual Programs); 1900 (Truant Alternative); 2110
14(Attendance and Social Work Services); 2120 (Guidance
15Services); 2130 (Health Services); 2140 (Psychological
16Services); 2150 (Speech Pathology and Audiology Services);
172190 (Other Support Services Pupils); 2210 (Improvement of
18Instruction); 2220 (Educational Media Services); 2230
19(Assessment and Testing); 2540 (Operation and Maintenance of
20Plant Services); 2550 (Pupil Transportation Service); 2560
21(Food Service); 4110 (Payments for Regular Programs); 4120
22(Payments for Special Education Programs); 4130 (Payments for
23Adult Education Programs); 4140 (Payments for Career and
24Technical Vocational Education Programs); 4170 (Payments for
25Community College Programs); 4190 (Other payments to in-state
26government units); and 4200 (Other payments to out of state

 

 

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1government units).
2(Source: P.A. 95-793, eff. 1-1-09; 96-734, eff. 8-25-09.)
 
3    (105 ILCS 5/2-3.71a)  (from Ch. 122, par. 2-3.71a)
4    Sec. 2-3.71a. Grants for early childhood parental training
5programs. The State Board of Education shall implement and
6administer a grant program consisting of grants to public
7school districts and other eligible entities, as defined by the
8State Board of Education, to conduct early childhood parental
9training programs for the parents of children in the period of
10life from birth to kindergarten. A public school district that
11receives grants under this Section may contract with other
12eligible entities to conduct an early childhood parental
13training program. These grants must be used to supplement, not
14supplant, funds received from any other source. A school board
15or other eligible entity shall employ appropriately qualified
16personnel for its early childhood parental training program,
17including but not limited to certified teachers, counselors,
18psychiatrists, psychologists and social workers.
19    (a) As used in this Section, "parental training" means and
20includes instruction in the following:
21        (1) Child growth and development, including prenatal
22    development.
23        (2) Childbirth and child care.
24        (3) Family structure, function and management.
25        (4) Prenatal and postnatal care for mothers and

 

 

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1    infants.
2        (5) Prevention of child abuse.
3        (6) The physical, mental, emotional, social, economic
4    and psychological aspects of interpersonal and family
5    relationships.
6        (7) Parenting skill development.
7    The programs shall include activities that require
8substantial participation and interaction between parent and
9child.
10    (b) The Board shall annually award funds through a grant
11approval process established by the State Board of Education,
12providing that an annual appropriation is made for this purpose
13from State, federal or private funds. Nothing in this Section
14shall preclude school districts from applying for or accepting
15private funds to establish and implement programs.
16    (c) The State Board of Education shall assist those
17districts and other eligible entities offering early childhood
18parental training programs, upon request, in developing
19instructional materials, training teachers and staff, and
20establishing appropriate time allotments for each of the areas
21included in such instruction.
22    (d) School districts and other eligible entities may offer
23early childhood parental training courses during that period of
24the day which is not part of the regular school day. Residents
25of the community may enroll in such courses. The school board
26or other eligible entity may establish fees and collect such

 

 

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1charges as may be necessary for attendance at such courses in
2an amount not to exceed the per capita cost of the operation
3thereof, except that the board or other eligible entity may
4waive all or part of such charges if it determines that the
5parent is indigent or that the educational needs of the parent
6require his or her attendance at such courses.
7    (e) Parents who participate in early childhood parental
8training programs under this Section may be eligible for
9reasonable reimbursement of any incidental transportation and
10child care expenses from the school district receiving funds
11pursuant to this Section.
12    (f) Districts and other eligible entities receiving grants
13pursuant to this Section shall coordinate programs created
14under this Section with other preschool educational programs,
15including "at-risk" preschool programs, special and career and
16technical vocational education, and related services provided
17by other governmental agencies and not-for-profit agencies.
18    (g) The State Board of Education shall report to the
19General Assembly by July 1, 1991, on the results of the
20programs funded pursuant to this Section and whether a need
21continues for such programs.
22    (h) After July 1, 2006, any parental training services
23funded pursuant to this Section on the effective date of this
24amendatory Act of the 94th General Assembly shall continue to
25be funded pursuant to this Section, subject to appropriation
26and the meeting of program standards. Any additional parental

 

 

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1training services must be funded, subject to appropriation,
2through preschool education grants pursuant to subdivision (4)
3of subsection (a) of Section 2-3.71 of this Code for families
4with children ages 3 to 5 and through prevention initiative
5grants pursuant to subsection (b) of Section 2-3.89 of this
6Code for expecting families and those with children from birth
7to 3 years of age.
8    (i) Early childhood programs under this Section are subject
9to the requirements under paragraph (7) of subsection (a) of
10Section 2-3.71 of this Code.
11(Source: P.A. 100-105, eff. 1-1-18.)
 
12    (105 ILCS 5/2-3.83)  (from Ch. 122, par. 2-3.83)
13    Sec. 2-3.83. Individual transition plan model pilot
14program.
15    (a) The General Assembly finds that transition services for
16special education students in secondary schools are needed for
17the increasing numbers of students exiting school programs.
18Therefore, to ensure coordinated and timely delivery of
19services, the State shall establish a model pilot program to
20provide such services. Local school districts, using joint
21agreements and regional service delivery systems for special
22and career and technical vocational education selected by the
23Governor's Planning Council on Developmental Disabilities,
24shall have the primary responsibility to convene transition
25planning meetings for these students who will require

 

 

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1post-school adult services.
2    (b) For purposes of this Section:
3        (1) "Post-secondary Service Provider" means a provider
4    of services for adults who have any developmental
5    disability as defined in Section 1-106 of the Mental Health
6    and Developmental Disabilities Code or who are persons with
7    one or more disabilities as defined in the Rehabilitation
8    of Persons with Disabilities Act.
9        (2) "Individual Education Plan" means a written
10    statement for an exceptional child that provides at least a
11    statement of: the child's present levels of educational
12    performance, annual goals and short-term instructional
13    objectives; specific special education and related
14    services; the extent of participation in the regular
15    education program; the projected dates for initiation of
16    services; anticipated duration of services; appropriate
17    objective criteria and evaluation procedures; and a
18    schedule for annual determination of short-term
19    objectives.
20        (3) "Individual Transition Plan" (ITP) means a
21    multi-agency informal assessment of a student's needs for
22    post-secondary adult services including but not limited to
23    employment, post-secondary education or training and
24    residential independent living.
25        (4) "Developmental Disability" means a disability
26    which is attributable to: (a) an intellectual disability,

 

 

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1    cerebral palsy, epilepsy or autism; or to (b) any other
2    condition which results in impairment similar to that
3    caused by an intellectual disability and which requires
4    services similar to those required by persons with an
5    intellectual disability. Such disability must originate
6    before the age of 18 years, be expected to continue
7    indefinitely, and constitute a substantial disability.
8        (5) "Exceptional Characteristic" means any disabling
9    or exceptional characteristic which interferes with a
10    student's education including, but not limited to, a
11    determination that the student has a severe or profound
12    mental disability, has mental disability but is trainable,
13    is deaf-blind, or has some other health impairment.
14    (c) The model pilot program required by this Section shall
15be established and administered by the Governor's Planning
16Council on Developmental Disabilities in conjunction with the
17case coordination pilot projects established by the Department
18of Human Services pursuant to Section 4.1 of the Community
19Services Act, as amended.
20    (d) The model pilot program shall include the following
21features:
22        (1) Written notice shall be sent to the student and,
23    when appropriate, his or her parent or guardian giving the
24    opportunity to consent to having the student's name and
25    relevant information shared with the local case
26    coordination unit and other appropriate State or local

 

 

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1    agencies for purposes of inviting participants to the
2    individual transition plan meeting.
3        (2) Meetings to develop and modify, as needed, an
4    Individual Transition Plan shall be conducted annually for
5    all students with a developmental disability in the pilot
6    program area who are age 16 or older and who are receiving
7    special education services for 50% or more of their public
8    school program. These meetings shall be convened by the
9    local school district and conducted in conjunction with any
10    other regularly scheduled meetings such as the student's
11    annual individual educational plan meeting. The Governor's
12    Planning Council on Developmental Disabilities shall
13    cooperate with and may enter into any necessary written
14    agreements with the Department of Human Services and the
15    State Board of Education to identify the target group of
16    students for transition planning and the appropriate case
17    coordination unit to serve these individuals.
18        (3) The ITP meetings shall be co-chaired by the
19    individual education plan coordinator and the case
20    coordinator. The ITP meeting shall include but not be
21    limited to discussion of the following: the student's
22    projected date of exit from the public schools; his
23    projected post-school goals in the areas of employment,
24    residential living arrangement and post-secondary
25    education or training; specific school or post-school
26    services needed during the following year to achieve the

 

 

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1    student's goals, including but not limited to vocational
2    evaluation, career and technical vocational education,
3    work experience or vocational training, placement
4    assistance, independent living skills training,
5    recreational or leisure training, income support, medical
6    needs and transportation; and referrals and linkage to
7    needed services, including a proposed time frame for
8    services and the responsible agency or provider. The
9    individual transition plan shall be signed by participants
10    in the ITP discussion, including but not limited to the
11    student's parents or guardian, the student (where
12    appropriate), multi-disciplinary team representatives from
13    the public schools, the case coordinator and any other
14    individuals who have participated in the ITP meeting at the
15    discretion of the individual education plan coordinator,
16    the developmental disability case coordinator or the
17    parents or guardian.
18        (4) At least 10 days prior to the ITP meeting, the
19    parents or guardian of the student shall be notified in
20    writing of the time and place of the meeting by the local
21    school district. The ITP discussion shall be documented by
22    the assigned case coordinator, and an individual student
23    file shall be maintained by each case coordination unit.
24    One year following a student's exit from public school the
25    case coordinator shall conduct a follow up interview with
26    the student.

 

 

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1        (5) Determinations with respect to individual
2    transition plans made under this Section shall not be
3    subject to any due process requirements prescribed in
4    Section 14-8.02 of this Code.
5    (e) (Blank).
6(Source: P.A. 99-143, eff. 7-27-15.)
 
7    (105 ILCS 5/2-3.162)
8    Sec. 2-3.162. Student discipline report; school discipline
9improvement plan.
10    (a) On or before October 31, 2015 and on or before October
1131 of each subsequent year, the State Board of Education,
12through the State Superintendent of Education, shall prepare a
13report on student discipline in all school districts in this
14State, including State-authorized charter schools. This report
15shall include data from all public schools within school
16districts, including district-authorized charter schools. This
17report must be posted on the Internet website of the State
18Board of Education. The report shall include data on the
19issuance of out-of-school suspensions, expulsions, and
20removals to alternative settings in lieu of another
21disciplinary action, disaggregated by race and ethnicity,
22gender, age, grade level, whether a student is an English
23learner, incident type, and discipline duration.
24    (b) The State Board of Education shall analyze the data
25under subsection (a) of this Section on an annual basis and

 

 

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1determine the top 20% of school districts qualifying under any
2of for the following metrics:
3        (1) Total number of out-of-school suspensions divided
4    by the total district enrollment by the last school day in
5    September for the year in which the data was collected,
6    multiplied by 100.
7        (2) Total number of out-of-school expulsions divided
8    by the total district enrollment by the last school day in
9    September for the year in which the data was collected,
10    multiplied by 100.
11        (3) Racial disproportionality, defined as the
12    overrepresentation of students of color or white students
13    in comparison to the total number of students of color or
14    white students on October 1st of the school year in which
15    data are collected, with respect to the use of
16    out-of-school suspensions and expulsions, which must be
17    calculated using the same method as the U.S. Department of
18    Education's Office for Civil Rights uses.
19    The analysis must be based on data collected over 3
20consecutive school years, beginning with the 2014-2015 school
21year.
22    (c) On or before October 31, 2018 and on or before October
2331 of each subsequent year, the State Board of Education shall
24notify each school district Beginning with the 2017-2018 school
25year, the State Board of Education shall require each of the
26school districts that are identified in the top 20% of any of

 

 

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1the metrics described in this subsection (b) of this Section
2for 3 consecutive school years that the school district must
3submit a plan in conformance with subsection (d) of this
4Section.
5    (d) School districts identified in the top 20% of any of
6the metrics described in subsection (b) of this Section for 3
7consecutive school years must, in a manner prescribed by the
8State Board of Education, submit a plan to the State Board of
9Education that identifies to submit a plan identifying the
10strategies the school district will implement to reduce the use
11of exclusionary disciplinary practices or racial
12disproportionality or both, if applicable. School districts
13that no longer meet the criteria described in any of the
14metrics described in this subsection (b) for 3 consecutive
15years shall no longer be required to submit a plan.
16    This plan may be combined with any other improvement plans
17required under federal or State law.
18    The plan must be approved at a public school board meeting
19no later than 90 days after notification from the State Board
20of Education pursuant to subsection (c) of this Section and
21must be posted on the school district's Internet website.
22Within one calendar year after the school board's approval of
23the plan, the school district shall submit to the State Board
24of Education, in a manner prescribed by the State Board of
25Education, and post on the district's Internet website a
26progress report describing the implementation of the plan and

 

 

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1the results achieved. Additional annual progress reports shall
2be required until a school district no longer meets the
3criteria in any of the metrics described in subsection (b) of
4this Section for 3 consecutive school years.
5    (e) The calculation of the top 20% of any of the metrics
6described in this subsection (b) of this Section shall exclude
7all school districts, State-authorized charter schools, and
8special charter districts that issued fewer than a total of 10
9out-of-school suspensions or expulsions, whichever is
10applicable, during the school year. The calculation of the top
1120% of the metric described in subdivision (3) of this
12subsection (b) of this Section shall exclude all school
13districts with an enrollment of fewer than 50 white students or
14fewer than 50 students of color.
15    The plan must be approved at a public school board meeting
16and posted on the school district's Internet website. Within
17one year after being identified, the school district shall
18submit to the State Board of Education and post on the
19district's Internet website a progress report describing the
20implementation of the plan and the results achieved.
21(Source: P.A. 98-1102, eff. 8-26-14; 99-30, eff. 7-10-15;
2299-78, eff. 7-20-15; revised 9-25-17.)
 
23    (105 ILCS 5/2-3.172)
24    Sec. 2-3.172 2-3.170. High-skilled manufacturing teaching
25resources. The State Board of Education shall post resources

 

 

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

 

 

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

 

 

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1    shall abstain from voting; and
2        B. the amount of the contract does not exceed $1,000;
3    and
4        C. the award of the contract would not cause the
5    aggregate amount of all such contracts so awarded to the
6    same person, firm, association, partnership, corporation,
7    or cooperative association in the same fiscal year to
8    exceed $2,000, except with respect to a board member of a
9    school district in which the materials, merchandise,
10    property, services, or labor to be provided under the
11    contract are not available from any other person, firm,
12    association, partnership, corporation, or cooperative
13    association in the district, in which event the award of
14    the contract shall not cause the aggregate amount of all
15    contracts so awarded to that same person, firm,
16    association, partnership, or cooperative association in
17    the same fiscal year to exceed $5,000; and
18        D. such interested member publicly discloses the
19    nature and extent of his interest prior to or during
20    deliberations concerning the proposed award of the
21    contract; and
22        E. such interested member abstains from voting on the
23    award of the contract, though he shall be considered
24    present for the purposes of establishing a quorum.
25    (d) In addition to exemptions otherwise authorized by this
26Section, any board member may purchase for use as the board

 

 

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

 

 

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1interest in such a contract shall not be deemed to be holding a
2prohibited interest for purposes of this Act. Such interested
3member or members of the governing body must publicly state the
4nature and extent of their interest during deliberations
5concerning the proposed award of such a contract, but shall not
6participate in any further deliberations concerning the
7proposed award. Such interested member or members shall not
8vote on such a proposed award. Any member or members abstaining
9from participation in deliberations and voting under this
10Section may be considered present for purposes of establishing
11a quorum. Award of such a contract shall require approval by a
12majority vote of those members presently holding office.
13Consideration and award of any such contract in which a member
14or members are interested may only be made at a regularly
15scheduled public meeting of the governing body of the school
16district.
17    (g) Any school board member who violates this Section is
18guilty of a Class 4 felony and in addition thereto any office
19held by such person so convicted shall become vacant and shall
20be so declared as part of the judgment of the court.
21(Source: P.A. 96-998, eff. 7-2-10.)
 
22    (105 ILCS 5/10-22.31b)  (from Ch. 122, par. 10-22.31b)
23    Sec. 10-22.31b. Joint building programs. To enter into
24joint agreements either under this Act or under the
25Intergovernmental Cooperation Act with other school boards to

 

 

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

 

 

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1    Any funds obtained from the participating governmental
2entities as a result of a joint agreement entered into under
3this Act or the Intergovernmental Cooperation Act shall be
4accounted for in the same manner as provided for the majority
5of the participating governmental entities under the laws of
6this State.
7(Source: P.A. 89-397, eff. 8-20-95.)
 
8    (105 ILCS 5/10-23.3a)  (from Ch. 122, par. 10-23.3a)
9    Sec. 10-23.3a. Conduct of business for vocational
10training.
11    To independently operate or cooperate with existing
12companies in the operation of a business or businesses for the
13sole purpose of providing training for students in career and
14technical vocational education programs. Any proceeds from
15said operation shall be applied towards the costs of
16establishing and maintaining these businesses. Regarding
17businesses with which the school board cooperates in operating
18for vocational training purposes, the school board shall
19receive a semi-annual account from each cooperating company of
20all costs and proceeds attributable to the student
21business-training program. Should the proceeds ever exceed the
22establishment and maintenance costs, then that excess shall
23only be directed toward expanding business-operation training
24in career and technical vocational education programs.
25(Source: P.A. 77-664.)
 

 

 

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1    (105 ILCS 5/11E-130)
2    Sec. 11E-130. Unit district formation and joint agreement
3career and technical vocational education program.
4    (a) If a unit district is established under the provisions
5of this Article and more than 50% of the territory of the unit
6district is territory that immediately prior to its inclusion
7in the unit district was included in a high school district or
8districts that were signatories under the same joint agreement
9career and technical vocational education program, pursuant to
10the provisions of this Code, then the unit district shall upon
11its establishment be deemed to be a member and signatory to the
12joint agreement and shall also have the right to continue to
13extend taxes under any previous authority to levy a tax under
14Section 17-2.4 of this Code.
15    (b) In those instances, however, when more than 50% of the
16territory of any unit district was not, immediately prior to
17its establishment, included within the territory of a high
18school district that was a signatory to the same joint
19agreement career and technical vocational education program,
20then the unit district shall not be deemed upon its
21establishment to be a signatory to the joint agreement nor
22shall the unit district be deemed to have the special tax levy
23rights under Section 17-2.4 of this Code.
24    (c) Nothing in this Section shall be deemed to forbid the
25unit district from subsequently joining a joint agreement

 

 

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1career and technical vocational education program and to
2thereafter levy a tax under Section 17-2.4 of this Code by
3following the provisions of Section 17-2.4. In the event that
4any such unit district should subsequently join any such joint
5agreement career and technical vocational education program,
6it shall be entitled to a fair credit, as computed by the State
7Board of Education, for any capital contributions previously
8made to the joint agreement career and technical vocational
9education program from taxes levied against the assessed
10valuation of property situated in any part of the territory
11included within the unit district.
12(Source: P.A. 94-1019, eff. 7-10-06.)
 
13    (105 ILCS 5/13-41)  (from Ch. 122, par. 13-41)
14    Sec. 13-41. The Board of Education for this school district
15shall be composed of the Director of the Department of Juvenile
16Justice, 2 members appointed by the Director of the Department
17of Juvenile Justice and 4 members appointed by the State Board
18of Education, at least one of whom shall have knowledge of, or
19experience in, career and technical vocational education and
20one of whom shall have knowledge of, or experience in, higher
21and continuing education. All members of the Board shall hold
22office for a period of 3 years, except that members shall
23continue to serve until their replacements are appointed.
24Vacancies shall be filled in like manner for the unexpired
25balance of the term. The members appointed shall be selected so

 

 

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1far as is practicable on the basis of their knowledge of, or
2experience in, problems of education in correctional,
3vocational and general educational institutions. Members shall
4serve without compensation, but shall be reimbursed for
5reasonable expenses incurred in the performance of their
6duties.
7(Source: P.A. 94-696, eff. 6-1-06.)
 
8    (105 ILCS 5/14-8.03)  (from Ch. 122, par. 14-8.03)
9    Sec. 14-8.03. Transition services.
10    (a) For purposes of this Section, "transition services"
11means a coordinated set of activities for a child with a
12disability that (i) is designed to be within a results-oriented
13process that is focused on improving the academic and
14functional achievement of the child with a disability to
15facilitate the child's movement from school to post-school
16activities, including post-secondary education, career and
17technical vocational education, integrated employment
18(including supported employment), continuing and adult
19education, adult services, independent living, or community
20participation; (ii) is based on the individual child's needs,
21taking into account the child's strengths, preferences, and
22interests; and (iii) includes instruction, related services,
23community experiences, the development of employment and other
24post-school adult living objectives, and, if appropriate,
25acquisition of daily living skills, benefits planning, work

 

 

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1incentives education, and the provision of a functional
2vocational evaluation. Transition services for a child with a
3disability may be special education, if provided as specially
4designed instruction, or a related service if required to
5assist a child with a disability to benefit from special
6education.
7    (a-5) Beginning no later than the first individualized
8education plan (IEP) in effect when the student turns age 14
91/2 (or younger if determined appropriate by the IEP Team) and
10updated annually thereafter, the IEP must include (i)
11measurable post-secondary goals based upon age-appropriate
12transition assessments and other information available
13regarding the student that are related to training, education,
14employment, and independent living skills and (ii) the
15transition services needed to assist the student in reaching
16those goals, including courses of study.
17    (b) Transition planning must be conducted as part of the
18IEP process and must be governed by the procedures applicable
19to the development, review, and revision of the IEP, including
20notices to the parents and student, parent and student
21participation, and annual review. To appropriately assess and
22develop IEP transition goals and transition services for a
23child with a disability, additional participants may be
24necessary and may be invited by the school district, parent, or
25student to participate in the transition planning process.
26Additional participants may include without limitation a

 

 

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1representative from the Department of Human Services or another
2State agency, a case coordinator, or persons representing other
3public or community agencies or services, such as adult service
4providers or public community colleges. The IEP shall identify
5each person responsible for coordinating and delivering
6transition services. If the IEP team determines that the
7student requires transition services from a public or private
8entity outside of the school district, the IEP team shall
9identify potential outside resources, assign one or more IEP
10team members to contact the appropriate outside entities, make
11the necessary referrals, provide any information and documents
12necessary to complete the referral, follow up with the entity
13to ensure that the student has been successfully linked to the
14entity, and monitor the student's progress to determine if the
15student's IEP transition goals and benchmarks are being met.
16The student's IEP shall indicate one or more specific time
17periods during the school year when the IEP team shall review
18the services provided by the outside entity and the student's
19progress in such activities. The public school's
20responsibility for delivering educational services does not
21extend beyond the time the student leaves school or when the
22student's eligibility ends due to age under this Article.
23    (c) A school district shall submit annually a summary of
24each eligible student's IEP transition goals and transition
25services resulting from the IEP Team meeting to the appropriate
26local Transition Planning Committee. If students with

 

 

10000HB5170ham001- 34 -LRB100 19166 AXK 37121 a

1disabilities who are ineligible for special education services
2request transition services, local public school districts
3shall assist those students by identifying post-secondary
4school goals, delivering appropriate education services, and
5coordinating with other agencies and services for assistance.
6(Source: P.A. 98-517, eff. 8-22-13.)
 
7    (105 ILCS 5/14C-13)  (from Ch. 122, par. 14C-13)
8    Sec. 14C-13. Advisory Council.
9    (a) There is created an Advisory Council on Bilingual
10Education, consisting of 17 members appointed by the State
11Superintendent of Education and selected, as nearly as
12possible, on the basis of experience in or knowledge of the
13various programs of bilingual education. The Council shall
14advise the State Superintendent on policy and rules pertaining
15to bilingual education. The Council shall establish such
16sub-committees as it deems appropriate to review bilingual
17education issues including but not limited to certification,
18finance and special education.
19    Initial appointees shall serve terms determined by lot as
20follows: 6 for one year, 6 for 2 years and 5 for 3 years.
21Successors shall serve 3-year terms. Members annually shall
22select a chairman from among their number. Members shall
23receive no compensation but may be reimbursed for necessary
24expenses incurred in the performance of their duties.
25    By no later than December 1, 2011, the Council shall submit

 

 

10000HB5170ham001- 35 -LRB100 19166 AXK 37121 a

1a report to the State Superintendent of Education, the
2Governor, and the General Assembly addressing, at a minimum,
3the following questions:
4        (1) whether and how the 20 child per attendance center
5    minimum in Section 14C-3 of this Code should be modified;
6        (2) whether and how educator certification
7    requirements in this Article 14C and applicable State Board
8    of Education rules should be modified;
9        (3) whether and how bilingual education requirements
10    in this Article 14C and applicable State Board of Education
11    rules should be modified to address differences between
12    elementary and secondary schools; and
13        (4) whether and how to allow school districts to
14    administer alternative bilingual education programs
15    instead of transitional bilingual education programs.
16    By no later than January 1, 2013, the Council shall submit
17a report to the State Superintendent of Education, the
18Governor, and the General Assembly addressing, at a minimum,
19the following questions:
20        (i) whether and how bilingual education programs
21    should be modified to be more flexible and achieve a higher
22    success rate among Hispanic students in the classroom and
23    on State assessments;
24        (ii) whether and how bilingual education programs
25    should be modified to increase parental involvement
26    including the use of parent academies;

 

 

10000HB5170ham001- 36 -LRB100 19166 AXK 37121 a

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

 

 

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1        (4) establish a positive and productive connection
2    with their children's schools and teachers; and
3        (5) build the character traits that lead to academic
4    success, such as responsibility, persistence, a hard-work
5    ethic, and the ability to delay gratification.
6    "Cultural competency program" means a staff development
7opportunity to increase the school staffs' ability to meet the
8social, emotional, and academic needs of culturally and
9linguistically diverse students and, at a minimum, allows
10participants to do the following:
11        (i) discuss the impact that our constantly changing,
12    highly technological and globalist society is having on
13    Illinois' public education system;
14        (ii) analyze international, national, State, county,
15    district, and local students' performance data and the
16    achievement gaps that persistently exist between groups;
17        (iii) realize the benefits and challenges of reaching
18    proficiency in cultural competency;
19        (iv) engage in conversations that lead to
20    self-awareness and greater insight regarding diversity;
21    and
22        (v) learn strategies for building student-teacher
23    relationships and making instruction more comprehensible
24    and relevant for all students.
25(Source: P.A. 97-305, eff. 1-1-12; 97-915, eff. 1-1-13.)
 

 

 

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1    (105 ILCS 5/17-2.4)  (from Ch. 122, par. 17-2.4)
2    Sec. 17-2.4. Tax for area career and technical vocational
3education building programs. The school board of any district
4having a population of less than 500,000 inhabitants may, by
5proper resolution, levy an annual tax of not more than .05%
6upon the value as equalized or assessed by the Department of
7Revenue for such purpose, and may accumulate such tax for not
8more than 5 years, for area career and technical vocational
9education building purposes, including the purposes authorized
10by Section 10-22.31b of this Act, upon condition that there are
11not sufficient funds available in the operations and
12maintenance fund of the district to pay the cost thereof. Such
13tax shall not be levied without prior approval of the State
14Superintendent of Education and prior approval by a majority of
15the electors voting upon the proposition at an election, the
16proposition having been certified by the secretary of the
17school board to the proper election authorities for submission
18to the electorate in accordance with the general election law.
19    When the school boards of two or more districts enter into
20a joint agreement for an area career and technical vocational
21education building program under Section 10-22.31b their
22agreement may provide, or may be amended to provide, that the
23question of the levy of the tax authorized by this Section
24shall be certified to the proper election authorities, for
25submission to the voters of all of the participating districts
26in accordance with the general election law, in the same

 

 

10000HB5170ham001- 39 -LRB100 19166 AXK 37121 a

1election and that the approval of that levy by a majority of
2the electors voting upon the proposition in the area comprised
3of the participating districts, considered as a whole, shall be
4deemed to authorize that levy in each participating district
5without regard to the passage or failure of the proposition in
6any district considered separately. However, the school board
7of any district may withdraw from the joint agreement by reason
8of the failure of the electors of that district to approve the
9proposed levy.
10(Source: P.A. 86-970.)
 
11    (105 ILCS 5/18-8.05)
12    Sec. 18-8.05. Basis for apportionment of general State
13financial aid and supplemental general State aid to the common
14schools for the 1998-1999 through the 2016-2017 school years.
 
15(A) General Provisions.
16    (1) The provisions of this Section relating to the
17calculation and apportionment of general State financial aid
18and supplemental general State aid apply to the 1998-1999
19through the 2016-2017 school years. The system of general State
20financial aid provided for in this Section is designed to
21assure that, through a combination of State financial aid and
22required local resources, the financial support provided each
23pupil in Average Daily Attendance equals or exceeds a
24prescribed per pupil Foundation Level. This formula approach

 

 

10000HB5170ham001- 40 -LRB100 19166 AXK 37121 a

1imputes a level of per pupil Available Local Resources and
2provides for the basis to calculate a per pupil level of
3general State financial aid that, when added to Available Local
4Resources, equals or exceeds the Foundation Level. The amount
5of per pupil general State financial aid for school districts,
6in general, varies in inverse relation to Available Local
7Resources. Per pupil amounts are based upon each school
8district's Average Daily Attendance as that term is defined in
9this Section.
10    (2) In addition to general State financial aid, school
11districts with specified levels or concentrations of pupils
12from low income households are eligible to receive supplemental
13general State financial aid grants as provided pursuant to
14subsection (H). The supplemental State aid grants provided for
15school districts under subsection (H) shall be appropriated for
16distribution to school districts as part of the same line item
17in which the general State financial aid of school districts is
18appropriated under this Section.
19    (3) To receive financial assistance under this Section,
20school districts are required to file claims with the State
21Board of Education, subject to the following requirements:
22        (a) Any school district which fails for any given
23    school year to maintain school as required by law, or to
24    maintain a recognized school is not eligible to file for
25    such school year any claim upon the Common School Fund. In
26    case of nonrecognition of one or more attendance centers in

 

 

10000HB5170ham001- 41 -LRB100 19166 AXK 37121 a

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

 

 

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1this Section.
2    (5) As used in this Section the following terms, when
3capitalized, shall have the meaning ascribed herein:
4        (a) "Average Daily Attendance": A count of pupil
5    attendance in school, averaged as provided for in
6    subsection (C) and utilized in deriving per pupil financial
7    support levels.
8        (b) "Available Local Resources": A computation of
9    local financial support, calculated on the basis of Average
10    Daily Attendance and derived as provided pursuant to
11    subsection (D).
12        (c) "Corporate Personal Property Replacement Taxes":
13    Funds paid to local school districts pursuant to "An Act in
14    relation to the abolition of ad valorem personal property
15    tax and the replacement of revenues lost thereby, and
16    amending and repealing certain Acts and parts of Acts in
17    connection therewith", certified August 14, 1979, as
18    amended (Public Act 81-1st S.S.-1).
19        (d) "Foundation Level": A prescribed level of per pupil
20    financial support as provided for in subsection (B).
21        (e) "Operating Tax Rate": All school district property
22    taxes extended for all purposes, except Bond and Interest,
23    Summer School, Rent, Capital Improvement, and Career and
24    Technical Vocational Education Building purposes.
 
25(B) Foundation Level.

 

 

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1    (1) The Foundation Level is a figure established by the
2State representing the minimum level of per pupil financial
3support that should be available to provide for the basic
4education of each pupil in Average Daily Attendance. As set
5forth in this Section, each school district is assumed to exert
6a sufficient local taxing effort such that, in combination with
7the aggregate of general State financial aid provided the
8district, an aggregate of State and local resources are
9available to meet the basic education needs of pupils in the
10district.
11    (2) For the 1998-1999 school year, the Foundation Level of
12support is $4,225. For the 1999-2000 school year, the
13Foundation Level of support is $4,325. For the 2000-2001 school
14year, the Foundation Level of support is $4,425. For the
152001-2002 school year and 2002-2003 school year, the Foundation
16Level of support is $4,560. For the 2003-2004 school year, the
17Foundation Level of support is $4,810. For the 2004-2005 school
18year, the Foundation Level of support is $4,964. For the
192005-2006 school year, the Foundation Level of support is
20$5,164. For the 2006-2007 school year, the Foundation Level of
21support is $5,334. For the 2007-2008 school year, the
22Foundation Level of support is $5,734. For the 2008-2009 school
23year, the Foundation Level of support is $5,959.
24    (3) For the 2009-2010 school year and each school year
25thereafter, the Foundation Level of support is $6,119 or such
26greater amount as may be established by law by the General

 

 

10000HB5170ham001- 44 -LRB100 19166 AXK 37121 a

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

 

 

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1to subsection (E), a representation of Available Local
2Resources per pupil, as that term is defined and determined in
3this subsection, shall be utilized. Available Local Resources
4per pupil shall include a calculated dollar amount representing
5local school district revenues from local property taxes and
6from Corporate Personal Property Replacement Taxes, expressed
7on the basis of pupils in Average Daily Attendance. Calculation
8of Available Local Resources shall exclude any tax amnesty
9funds received as a result of Public Act 93-26.
10    (2) In determining a school district's revenue from local
11property taxes, the State Board of Education shall utilize the
12equalized assessed valuation of all taxable property of each
13school district as of September 30 of the previous year. The
14equalized assessed valuation utilized shall be obtained and
15determined as provided in subsection (G).
16    (3) For school districts maintaining grades kindergarten
17through 12, local property tax revenues per pupil shall be
18calculated as the product of the applicable equalized assessed
19valuation for the district multiplied by 3.00%, and divided by
20the district's Average Daily Attendance figure. For school
21districts maintaining grades kindergarten through 8, local
22property tax revenues per pupil shall be calculated as the
23product of the applicable equalized assessed valuation for the
24district multiplied by 2.30%, and divided by the district's
25Average Daily Attendance figure. For school districts
26maintaining grades 9 through 12, local property tax revenues

 

 

10000HB5170ham001- 46 -LRB100 19166 AXK 37121 a

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

 

 

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1    (1) For each school year, the amount of general State aid
2allotted to a school district shall be computed by the State
3Board of Education as provided in this subsection.
4    (2) For any school district for which Available Local
5Resources per pupil is less than the product of 0.93 times the
6Foundation Level, general State aid for that district shall be
7calculated as an amount equal to the Foundation Level minus
8Available Local Resources, multiplied by the Average Daily
9Attendance of the school district.
10    (3) For any school district for which Available Local
11Resources per pupil is equal to or greater than the product of
120.93 times the Foundation Level and less than the product of
131.75 times the Foundation Level, the general State aid per
14pupil shall be a decimal proportion of the Foundation Level
15derived using a linear algorithm. Under this linear algorithm,
16the calculated general State aid per pupil shall decline in
17direct linear fashion from 0.07 times the Foundation Level for
18a school district with Available Local Resources equal to the
19product of 0.93 times the Foundation Level, to 0.05 times the
20Foundation Level for a school district with Available Local
21Resources equal to the product of 1.75 times the Foundation
22Level. The allocation of general State aid for school districts
23subject to this paragraph 3 shall be the calculated general
24State aid per pupil figure multiplied by the Average Daily
25Attendance of the school district.
26    (4) For any school district for which Available Local

 

 

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1Resources per pupil equals or exceeds the product of 1.75 times
2the Foundation Level, the general State aid for the school
3district shall be calculated as the product of $218 multiplied
4by the Average Daily Attendance of the school district.
5    (5) The amount of general State aid allocated to a school
6district for the 1999-2000 school year meeting the requirements
7set forth in paragraph (4) of subsection (G) shall be increased
8by an amount equal to the general State aid that would have
9been received by the district for the 1998-1999 school year by
10utilizing the Extension Limitation Equalized Assessed
11Valuation as calculated in paragraph (4) of subsection (G) less
12the general State aid allotted for the 1998-1999 school year.
13This amount shall be deemed a one time increase, and shall not
14affect any future general State aid allocations.
 
15(F) Compilation of Average Daily Attendance.
16    (1) Each school district shall, by July 1 of each year,
17submit to the State Board of Education, on forms prescribed by
18the State Board of Education, attendance figures for the school
19year that began in the preceding calendar year. The attendance
20information so transmitted shall identify the average daily
21attendance figures for each month of the school year for each
22grade level served. Beginning with the general State aid claim
23form for the 2002-2003 school year, districts shall calculate
24Average Daily Attendance as provided in subdivisions (a), (b),
25and (c) of this paragraph (1).

 

 

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1        (a) In districts that do not hold year-round classes,
2    days of attendance in August shall be added to the month of
3    September and any days of attendance in June shall be added
4    to the month of May.
5        (b) In districts in which all buildings hold year-round
6    classes, days of attendance in July and August shall be
7    added to the month of September and any days of attendance
8    in June shall be added to the month of May.
9        (c) In districts in which some buildings, but not all,
10    hold year-round classes, for the non-year-round buildings,
11    days of attendance in August shall be added to the month of
12    September and any days of attendance in June shall be added
13    to the month of May. The average daily attendance for the
14    year-round buildings shall be computed as provided in
15    subdivision (b) of this paragraph (1). To calculate the
16    Average Daily Attendance for the district, the average
17    daily attendance for the year-round buildings shall be
18    multiplied by the days in session for the non-year-round
19    buildings for each month and added to the monthly
20    attendance of the non-year-round buildings.
21    Except as otherwise provided in this Section, days of
22attendance by pupils shall be counted only for sessions of not
23less than 5 clock hours of school work per day under direct
24supervision of: (i) teachers, or (ii) non-teaching personnel or
25volunteer personnel when engaging in non-teaching duties and
26supervising in those instances specified in subsection (a) of

 

 

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1Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
2of legal school age and in kindergarten and grades 1 through
312. Days of attendance by pupils through verified participation
4in an e-learning program approved by the State Board of
5Education under Section 10-20.56 of the Code shall be
6considered as full days of attendance for purposes of this
7Section.
8    Days of attendance by tuition pupils shall be accredited
9only to the districts that pay the tuition to a recognized
10school.
11    (2) Days of attendance by pupils of less than 5 clock hours
12of school shall be subject to the following provisions in the
13compilation of Average Daily Attendance.
14        (a) Pupils regularly enrolled in a public school for
15    only a part of the school day may be counted on the basis
16    of 1/6 day for every class hour of instruction of 40
17    minutes or more attended pursuant to such enrollment,
18    unless a pupil is enrolled in a block-schedule format of 80
19    minutes or more of instruction, in which case the pupil may
20    be counted on the basis of the proportion of minutes of
21    school work completed each day to the minimum number of
22    minutes that school work is required to be held that day.
23        (b) (Blank).
24        (c) A session of 4 or more clock hours may be counted
25    as a day of attendance upon certification by the regional
26    superintendent, and approved by the State Superintendent

 

 

10000HB5170ham001- 51 -LRB100 19166 AXK 37121 a

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

 

 

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

 

 

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

 

 

10000HB5170ham001- 54 -LRB100 19166 AXK 37121 a

1    attendance by each pupil shall be counted the same as
2    attendance by first grade pupils. Only the first year of
3    attendance in one kindergarten shall be counted, except in
4    case of children who entered the kindergarten in their
5    fifth year whose educational development requires a second
6    year of kindergarten as determined under the rules and
7    regulations of the State Board of Education.
8        (i) On the days when the assessment that includes a
9    college and career ready determination is administered
10    under subsection (c) of Section 2-3.64a-5 of this Code, the
11    day of attendance for a pupil whose school day must be
12    shortened to accommodate required testing procedures may
13    be less than 5 clock hours and shall be counted towards the
14    176 days of actual pupil attendance required under Section
15    10-19 of this Code, provided that a sufficient number of
16    minutes of school work in excess of 5 clock hours are first
17    completed on other school days to compensate for the loss
18    of school work on the examination days.
19        (j) Pupils enrolled in a remote educational program
20    established under Section 10-29 of this Code may be counted
21    on the basis of one-fifth day of attendance for every clock
22    hour of instruction attended in the remote educational
23    program, provided that, in any month, the school district
24    may not claim for a student enrolled in a remote
25    educational program more days of attendance than the
26    maximum number of days of attendance the district can claim

 

 

10000HB5170ham001- 55 -LRB100 19166 AXK 37121 a

1    (i) for students enrolled in a building holding year-round
2    classes if the student is classified as participating in
3    the remote educational program on a year-round schedule or
4    (ii) for students enrolled in a building not holding
5    year-round classes if the student is not classified as
6    participating in the remote educational program on a
7    year-round schedule.
 
8(G) Equalized Assessed Valuation Data.
9    (1) For purposes of the calculation of Available Local
10Resources required pursuant to subsection (D), the State Board
11of Education shall secure from the Department of Revenue the
12value as equalized or assessed by the Department of Revenue of
13all taxable property of every school district, together with
14(i) the applicable tax rate used in extending taxes for the
15funds of the district as of September 30 of the previous year
16and (ii) the limiting rate for all school districts subject to
17property tax extension limitations as imposed under the
18Property Tax Extension Limitation Law.
19    The Department of Revenue shall add to the equalized
20assessed value of all taxable property of each school district
21situated entirely or partially within a county that is or was
22subject to the provisions of Section 15-176 or 15-177 of the
23Property Tax Code (a) an amount equal to the total amount by
24which the homestead exemption allowed under Section 15-176 or
2515-177 of the Property Tax Code for real property situated in

 

 

10000HB5170ham001- 56 -LRB100 19166 AXK 37121 a

1that school district exceeds the total amount that would have
2been allowed in that school district if the maximum reduction
3under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
4all other counties in tax year 2003 or (ii) $5,000 in all
5counties in tax year 2004 and thereafter and (b) an amount
6equal to the aggregate amount for the taxable year of all
7additional exemptions under Section 15-175 of the Property Tax
8Code for owners with a household income of $30,000 or less. The
9county clerk of any county that is or was subject to the
10provisions of Section 15-176 or 15-177 of the Property Tax Code
11shall annually calculate and certify to the Department of
12Revenue for each school district all homestead exemption
13amounts under Section 15-176 or 15-177 of the Property Tax Code
14and all amounts of additional exemptions under Section 15-175
15of the Property Tax Code for owners with a household income of
16$30,000 or less. It is the intent of this paragraph that if the
17general homestead exemption for a parcel of property is
18determined under Section 15-176 or 15-177 of the Property Tax
19Code rather than Section 15-175, then the calculation of
20Available Local Resources shall not be affected by the
21difference, if any, between the amount of the general homestead
22exemption allowed for that parcel of property under Section
2315-176 or 15-177 of the Property Tax Code and the amount that
24would have been allowed had the general homestead exemption for
25that parcel of property been determined under Section 15-175 of
26the Property Tax Code. It is further the intent of this

 

 

10000HB5170ham001- 57 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 58 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 59 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 60 -LRB100 19166 AXK 37121 a

1Limitation Law, the State Board of Education shall calculate
2the Extension Limitation Equalized Assessed Valuation of that
3district. For the 1999-2000 school year, the Extension
4Limitation Equalized Assessed Valuation of a school district as
5calculated by the State Board of Education shall be equal to
6the product of the district's 1996 Equalized Assessed Valuation
7and the district's Extension Limitation Ratio. Except as
8otherwise provided in this paragraph for a school district that
9has approved or does approve an increase in its limiting rate,
10for the 2000-2001 school year and each school year thereafter,
11the Extension Limitation Equalized Assessed Valuation of a
12school district as calculated by the State Board of Education
13shall be equal to the product of the Equalized Assessed
14Valuation last used in the calculation of general State aid and
15the district's Extension Limitation Ratio. If the Extension
16Limitation Equalized Assessed Valuation of a school district as
17calculated under this subsection (G)(3) is less than the
18district's equalized assessed valuation as calculated pursuant
19to subsections (G)(1) and (G)(2), then for purposes of
20calculating the district's general State aid for the Budget
21Year pursuant to subsection (E), that Extension Limitation
22Equalized Assessed Valuation shall be utilized to calculate the
23district's Available Local Resources under subsection (D). For
24the 2009-2010 school year and each school year thereafter, if a
25school district has approved or does approve an increase in its
26limiting rate, pursuant to Section 18-190 of the Property Tax

 

 

10000HB5170ham001- 61 -LRB100 19166 AXK 37121 a

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

 

 

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

 

 

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

 

 

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1with fewer than 400 students exceeds by 75% or more the
2percentage change in the total low-income eligible pupil count
3of contiguous elementary school districts, whose boundaries
4are coterminous with the high school district, or (ii) a high
5school district within 2 counties and serving 5 elementary
6school districts, whose boundaries are coterminous with the
7high school district, has a percentage decrease from the 2 most
8recent federal censuses in the low-income eligible pupil count
9and there is a percentage increase in the total low-income
10eligible pupil count of a majority of the elementary school
11districts in excess of 50% from the 2 most recent federal
12censuses, then the high school district's low-income eligible
13pupil count from the earlier federal census shall be the number
14used as the low-income eligible pupil count for the high school
15district, for purposes of this subsection (H). The changes made
16to this paragraph (1) by Public Act 92-28 shall apply to
17supplemental general State aid grants for school years
18preceding the 2003-2004 school year that are paid in fiscal
19year 1999 or thereafter and to any State aid payments made in
20fiscal year 1994 through fiscal year 1998 pursuant to
21subsection 1(n) of Section 18-8 of this Code (which was
22repealed on July 1, 1998), and any high school district that is
23affected by Public Act 92-28 is entitled to a recomputation of
24its supplemental general State aid grant or State aid paid in
25any of those fiscal years. This recomputation shall not be
26affected by any other funding.

 

 

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1    (1.10) This paragraph (1.10) applies to the 2003-2004
2school year and each school year thereafter through the
32016-2017 school year. For purposes of this subsection (H), the
4term "Low-Income Concentration Level" shall, for each fiscal
5year, be the low-income eligible pupil count as of July 1 of
6the immediately preceding fiscal year (as determined by the
7Department of Human Services based on the number of pupils who
8are eligible for at least one of the following low income
9programs: Medicaid, the Children's Health Insurance Program,
10TANF, or Food Stamps, excluding pupils who are eligible for
11services provided by the Department of Children and Family
12Services, averaged over the 2 immediately preceding fiscal
13years for fiscal year 2004 and over the 3 immediately preceding
14fiscal years for each fiscal year thereafter) divided by the
15Average Daily Attendance of the school district.
16    (2) Supplemental general State aid pursuant to this
17subsection (H) shall be provided as follows for the 1998-1999,
181999-2000, and 2000-2001 school years only:
19        (a) For any school district with a Low Income
20    Concentration Level of at least 20% and less than 35%, the
21    grant for any school year shall be $800 multiplied by the
22    low income eligible pupil count.
23        (b) For any school district with a Low Income
24    Concentration Level of at least 35% and less than 50%, the
25    grant for the 1998-1999 school year shall be $1,100
26    multiplied by the low income eligible pupil count.

 

 

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1        (c) For any school district with a Low Income
2    Concentration Level of at least 50% and less than 60%, the
3    grant for the 1998-99 school year shall be $1,500
4    multiplied by the low income eligible pupil count.
5        (d) For any school district with a Low Income
6    Concentration Level of 60% or more, the grant for the
7    1998-99 school year shall be $1,900 multiplied by the low
8    income eligible pupil count.
9        (e) For the 1999-2000 school year, the per pupil amount
10    specified in subparagraphs (b), (c), and (d) immediately
11    above shall be increased to $1,243, $1,600, and $2,000,
12    respectively.
13        (f) For the 2000-2001 school year, the per pupil
14    amounts specified in subparagraphs (b), (c), and (d)
15    immediately above shall be $1,273, $1,640, and $2,050,
16    respectively.
17    (2.5) Supplemental general State aid pursuant to this
18subsection (H) shall be provided as follows for the 2002-2003
19school year:
20        (a) For any school district with a Low Income
21    Concentration Level of less than 10%, the grant for each
22    school year shall be $355 multiplied by the low income
23    eligible pupil count.
24        (b) For any school district with a Low Income
25    Concentration Level of at least 10% and less than 20%, the
26    grant for each school year shall be $675 multiplied by the

 

 

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1    low income eligible pupil count.
2        (c) For any school district with a Low Income
3    Concentration Level of at least 20% and less than 35%, the
4    grant for each school year shall be $1,330 multiplied by
5    the low income eligible pupil count.
6        (d) For any school district with a Low Income
7    Concentration Level of at least 35% and less than 50%, the
8    grant for each school year shall be $1,362 multiplied by
9    the low income eligible pupil count.
10        (e) For any school district with a Low Income
11    Concentration Level of at least 50% and less than 60%, the
12    grant for each school year shall be $1,680 multiplied by
13    the low income eligible pupil count.
14        (f) For any school district with a Low Income
15    Concentration Level of 60% or more, the grant for each
16    school year shall be $2,080 multiplied by the low income
17    eligible pupil count.
18    (2.10) Except as otherwise provided, supplemental general
19State aid pursuant to this subsection (H) shall be provided as
20follows for the 2003-2004 school year and each school year
21thereafter:
22        (a) For any school district with a Low Income
23    Concentration Level of 15% or less, the grant for each
24    school year shall be $355 multiplied by the low income
25    eligible pupil count.
26        (b) For any school district with a Low Income

 

 

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1    Concentration Level greater than 15%, the grant for each
2    school year shall be $294.25 added to the product of $2,700
3    and the square of the Low Income Concentration Level, all
4    multiplied by the low income eligible pupil count.
5    For the 2003-2004 school year and each school year
6thereafter through the 2008-2009 school year only, the grant
7shall be no less than the grant for the 2002-2003 school year.
8For the 2009-2010 school year only, the grant shall be no less
9than the grant for the 2002-2003 school year multiplied by
100.66. For the 2010-2011 school year only, the grant shall be no
11less than the grant for the 2002-2003 school year multiplied by
120.33. Notwithstanding the provisions of this paragraph to the
13contrary, if for any school year supplemental general State aid
14grants are prorated as provided in paragraph (1) of this
15subsection (H), then the grants under this paragraph shall be
16prorated.
17    For the 2003-2004 school year only, the grant shall be no
18greater than the grant received during the 2002-2003 school
19year added to the product of 0.25 multiplied by the difference
20between the grant amount calculated under subsection (a) or (b)
21of this paragraph (2.10), whichever is applicable, and the
22grant received during the 2002-2003 school year. For the
232004-2005 school year only, the grant shall be no greater than
24the grant received during the 2002-2003 school year added to
25the product of 0.50 multiplied by the difference between the
26grant amount calculated under subsection (a) or (b) of this

 

 

10000HB5170ham001- 69 -LRB100 19166 AXK 37121 a

1paragraph (2.10), whichever is applicable, and the grant
2received during the 2002-2003 school year. For the 2005-2006
3school year only, the grant shall be no greater than the grant
4received during the 2002-2003 school year added to the product
5of 0.75 multiplied by the difference between the grant amount
6calculated under subsection (a) or (b) of this paragraph
7(2.10), whichever is applicable, and the grant received during
8the 2002-2003 school year.
9    (3) School districts with an Average Daily Attendance of
10more than 1,000 and less than 50,000 that qualify for
11supplemental general State aid pursuant to this subsection
12shall submit a plan to the State Board of Education prior to
13October 30 of each year for the use of the funds resulting from
14this grant of supplemental general State aid for the
15improvement of instruction in which priority is given to
16meeting the education needs of disadvantaged children. Such
17plan shall be submitted in accordance with rules and
18regulations promulgated by the State Board of Education.
19    (4) School districts with an Average Daily Attendance of
2050,000 or more that qualify for supplemental general State aid
21pursuant to this subsection shall be required to distribute
22from funds available pursuant to this Section, no less than
23$261,000,000 in accordance with the following requirements:
24        (a) The required amounts shall be distributed to the
25    attendance centers within the district in proportion to the
26    number of pupils enrolled at each attendance center who are

 

 

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

 

 

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1    this subsection shall be used by the attendance center at
2    the discretion of the principal and local school council
3    for programs to improve educational opportunities at
4    qualifying schools through the following programs and
5    services: early childhood education, reduced class size or
6    improved adult to student classroom ratio, enrichment
7    programs, remedial assistance, attendance improvement, and
8    other educationally beneficial expenditures which
9    supplement the regular and basic programs as determined by
10    the State Board of Education. Funds provided shall not be
11    expended for any political or lobbying purposes as defined
12    by board rule.
13        (f) Each district subject to the provisions of this
14    subdivision (H)(4) shall submit an acceptable plan to meet
15    the educational needs of disadvantaged children, in
16    compliance with the requirements of this paragraph, to the
17    State Board of Education prior to July 15 of each year.
18    This plan shall be consistent with the decisions of local
19    school councils concerning the school expenditure plans
20    developed in accordance with part 4 of Section 34-2.3. The
21    State Board shall approve or reject the plan within 60 days
22    after its submission. If the plan is rejected, the district
23    shall give written notice of intent to modify the plan
24    within 15 days of the notification of rejection and then
25    submit a modified plan within 30 days after the date of the
26    written notice of intent to modify. Districts may amend

 

 

10000HB5170ham001- 72 -LRB100 19166 AXK 37121 a

1    approved plans pursuant to rules promulgated by the State
2    Board of Education.
3        Upon notification by the State Board of Education that
4    the district has not submitted a plan prior to July 15 or a
5    modified plan within the time period specified herein, the
6    State aid funds affected by that plan or modified plan
7    shall be withheld by the State Board of Education until a
8    plan or modified plan is submitted.
9        If the district fails to distribute State aid to
10    attendance centers in accordance with an approved plan, the
11    plan for the following year shall allocate funds, in
12    addition to the funds otherwise required by this
13    subsection, to those attendance centers which were
14    underfunded during the previous year in amounts equal to
15    such underfunding.
16        For purposes of determining compliance with this
17    subsection in relation to the requirements of attendance
18    center funding, each district subject to the provisions of
19    this subsection shall submit as a separate document by
20    December 1 of each year a report of expenditure data for
21    the prior year in addition to any modification of its
22    current plan. If it is determined that there has been a
23    failure to comply with the expenditure provisions of this
24    subsection regarding contravention or supplanting, the
25    State Superintendent of Education shall, within 60 days of
26    receipt of the report, notify the district and any affected

 

 

10000HB5170ham001- 73 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 74 -LRB100 19166 AXK 37121 a

1it deems necessary.
2    As used in this Section, "laboratory school" means a public
3school which is created and operated by a public university and
4approved by the State Board of Education. The governing board
5of a public university which receives funds from the State
6Board under this subsection (K) or subsection (g) of Section
718-8.15 of this Code may not increase the number of students
8enrolled in its laboratory school from a single district, if
9that district is already sending 50 or more students, except
10under a mutual agreement between the school board of a
11student's district of residence and the university which
12operates the laboratory school. A laboratory school may not
13have more than 1,000 students, excluding students with
14disabilities in a special education program.
15    As used in this Section, "alternative school" means a
16public school which is created and operated by a Regional
17Superintendent of Schools and approved by the State Board of
18Education. Such alternative schools may offer courses of
19instruction for which credit is given in regular school
20programs, courses to prepare students for the high school
21equivalency testing program or vocational and occupational
22training. A regional superintendent of schools may contract
23with a school district or a public community college district
24to operate an alternative school. An alternative school serving
25more than one educational service region may be established by
26the regional superintendents of schools of the affected

 

 

10000HB5170ham001- 75 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 76 -LRB100 19166 AXK 37121 a

1Article.
2    (2) (Blank).
3    (3) Summer school. Summer school payments shall be made as
4provided in Section 18-4.3.
 
5(M) (Blank).
 
6(N) (Blank).
 
7(O) References.
8    (1) References in other laws to the various subdivisions of
9Section 18-8 as that Section existed before its repeal and
10replacement by this Section 18-8.05 shall be deemed to refer to
11the corresponding provisions of this Section 18-8.05, to the
12extent that those references remain applicable.
13    (2) References in other laws to State Chapter 1 funds shall
14be deemed to refer to the supplemental general State aid
15provided under subsection (H) of this Section.
 
16(P) Public Act 93-838 and Public Act 93-808 make inconsistent
17changes to this Section. Under Section 6 of the Statute on
18Statutes there is an irreconcilable conflict between Public Act
1993-808 and Public Act 93-838. Public Act 93-838, being the last
20acted upon, is controlling. The text of Public Act 93-838 is
21the law regardless of the text of Public Act 93-808.
 

 

 

10000HB5170ham001- 77 -LRB100 19166 AXK 37121 a

1(Q) State Fiscal Year 2015 Payments.
2    For payments made for State fiscal year 2015, the State
3Board of Education shall, for each school district, calculate
4that district's pro-rata share of a minimum sum of $13,600,000
5or additional amounts as needed from the total net General
6State Aid funding as calculated under this Section that shall
7be deemed attributable to the provision of special educational
8facilities and services, as defined in Section 14-1.08 of this
9Code, in a manner that ensures compliance with maintenance of
10State financial support requirements under the federal
11Individuals with Disabilities Education Act. Each school
12district must use such funds only for the provision of special
13educational facilities and services, as defined in Section
1414-1.08 of this Code, and must comply with any expenditure
15verification procedures adopted by the State Board of
16Education.
 
17(R) State Fiscal Year 2016 Payments.
18    For payments made for State fiscal year 2016, the State
19Board of Education shall, for each school district, calculate
20that district's pro rata share of a minimum sum of $1 or
21additional amounts as needed from the total net General State
22Aid funding as calculated under this Section that shall be
23deemed attributable to the provision of special educational
24facilities and services, as defined in Section 14-1.08 of this
25Code, in a manner that ensures compliance with maintenance of

 

 

10000HB5170ham001- 78 -LRB100 19166 AXK 37121 a

1State financial support requirements under the federal
2Individuals with Disabilities Education Act. Each school
3district must use such funds only for the provision of special
4educational facilities and services, as defined in Section
514-1.08 of this Code, and must comply with any expenditure
6verification procedures adopted by the State Board of
7Education.
 
8(S) State Fiscal Year 2017 Payments.
9    For payments made for State fiscal year 2017, the State
10Board of Education shall, for each school district, calculate
11that district's pro rata share of a minimum sum of $1 or
12additional amounts as needed from the total net General State
13Aid funding as calculated under this Section that shall be
14deemed attributable to the provision of special educational
15facilities and services, as defined in Section 14-1.08 of this
16Code, in a manner that ensures compliance with maintenance of
17State financial support requirements under the federal
18Individuals with Disabilities Education Act. Each school
19district must use such funds only for the provision of special
20educational facilities and services, as defined in Section
2114-1.08 of this Code, and must comply with any expenditure
22verification procedures adopted by the State Board of
23Education.
 
24(T) State Fiscal Year 2018 Payments.

 

 

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1    For payments made for State fiscal year 2018, the State
2Board of Education shall, for each school district, calculate
3that district's pro rata share of a minimum sum of $1 or
4additional amounts as needed from the total net evidence-based
5funding as calculated under Section 18-8.15 of this Code that
6shall be deemed attributable to the provision of special
7educational facilities and services, as defined in Section
814-1.08 of this Code, in a manner that ensures compliance with
9maintenance of State financial support requirements under the
10federal Individuals with Disabilities Education Act. Each
11school district must use such funds only for the provision of
12special educational facilities and services, as defined in
13Section 14-1.08 of this Code, and must comply with any
14expenditure verification procedures adopted by the State Board
15of Education.
16(Source: P.A. 99-2, eff. 3-26-15; 99-194, eff. 7-30-15; 99-523,
17eff. 6-30-16; 100-23, eff. 7-6-17; 100-147, eff. 1-1-18;
18100-465, eff. 8-31-17; revised 9-25-17.)
 
19    (105 ILCS 5/18-8.15)
20    Sec. 18-8.15. Evidence-based funding for student success
21for the 2017-2018 and subsequent school years.
22    (a) General provisions.
23        (1) The purpose of this Section is to ensure that, by
24    June 30, 2027 and beyond, this State has a kindergarten
25    through grade 12 public education system with the capacity

 

 

10000HB5170ham001- 80 -LRB100 19166 AXK 37121 a

1    to ensure the educational development of all persons to the
2    limits of their capacities in accordance with Section 1 of
3    Article X of the Constitution of the State of Illinois. To
4    accomplish that objective, this Section creates a method of
5    funding public education that is evidence-based; is
6    sufficient to ensure every student receives a meaningful
7    opportunity to learn irrespective of race, ethnicity,
8    sexual orientation, gender, or community-income level; and
9    is sustainable and predictable. When fully funded under
10    this Section, every school shall have the resources, based
11    on what the evidence indicates is needed, to:
12            (A) provide all students with a high quality
13        education that offers the academic, enrichment, social
14        and emotional support, technical, and career-focused
15        programs that will allow them to become competitive
16        workers, responsible parents, productive citizens of
17        this State, and active members of our national
18        democracy;
19            (B) ensure all students receive the education they
20        need to graduate from high school with the skills
21        required to pursue post-secondary education and
22        training for a rewarding career;
23            (C) reduce, with a goal of eliminating, the
24        achievement gap between at-risk and non-at-risk
25        students by raising the performance of at-risk
26        students and not by reducing standards; and

 

 

10000HB5170ham001- 81 -LRB100 19166 AXK 37121 a

1            (D) ensure this State satisfies its obligation to
2        assume the primary responsibility to fund public
3        education and simultaneously relieve the
4        disproportionate burden placed on local property taxes
5        to fund schools.
6        (2) The evidence-based funding formula under this
7    Section shall be applied to all Organizational Units in
8    this State. The evidence-based funding formula outlined in
9    this Act is based on the formula outlined in Senate Bill 1
10    of the 100th General Assembly, as passed by both
11    legislative chambers. As further defined and described in
12    this Section, there are 4 major components of the
13    evidence-based funding model:
14            (A) First, the model calculates a unique adequacy
15        target for each Organizational Unit in this State that
16        considers the costs to implement research-based
17        activities, the unit's student demographics, and
18        regional wage difference.
19            (B) Second, the model calculates each
20        Organizational Unit's local capacity, or the amount
21        each Organizational Unit is assumed to contribute
22        towards its adequacy target from local resources.
23            (C) Third, the model calculates how much funding
24        the State currently contributes to the Organizational
25        Unit, and adds that to the unit's local capacity to
26        determine the unit's overall current adequacy of

 

 

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1        funding.
2            (D) Finally, the model's distribution method
3        allocates new State funding to those Organizational
4        Units that are least well-funded, considering both
5        local capacity and State funding, in relation to their
6        adequacy target.
7        (3) An Organizational Unit receiving any funding under
8    this Section may apply those funds to any fund so received
9    for which that Organizational Unit is authorized to make
10    expenditures by law.
11        (4) As used in this Section, the following terms shall
12    have the meanings ascribed in this paragraph (4):
13        "Adequacy Target" is defined in paragraph (1) of
14    subsection (b) of this Section.
15        "Adjusted EAV" is defined in paragraph (4) of
16    subsection (d) of this Section.
17        "Adjusted Local Capacity Target" is defined in
18    paragraph (3) of subsection (c) of this Section.
19        "Adjusted Operating Tax Rate" means a tax rate for all
20    Organizational Units, for which the State Superintendent
21    shall calculate and subtract for the Operating Tax Rate a
22    transportation rate based on total expenses for
23    transportation services under this Code, as reported on the
24    most recent Annual Financial Report in Pupil
25    Transportation Services, function 2550 in both the
26    Education and Transportation funds and functions 4110 and

 

 

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1    4120 in the Transportation fund, less any corresponding
2    fiscal year State of Illinois scheduled payments excluding
3    net adjustments for prior years for regular, vocational, or
4    special education transportation reimbursement pursuant to
5    Section 29-5 or subsection (b) of Section 14-13.01 of this
6    Code divided by the Adjusted EAV. If an Organizational
7    Unit's corresponding fiscal year State of Illinois
8    scheduled payments excluding net adjustments for prior
9    years for regular, vocational, or special education
10    transportation reimbursement pursuant to Section 29-5 or
11    subsection (b) of Section 14-13.01 of this Code exceed the
12    total transportation expenses, as defined in this
13    paragraph, no transportation rate shall be subtracted from
14    the Operating Tax Rate.
15        "Allocation Rate" is defined in paragraph (3) of
16    subsection (g) of this Section.
17        "Alternative School" means a public school that is
18    created and operated by a regional superintendent of
19    schools and approved by the State Board.
20        "Applicable Tax Rate" is defined in paragraph (1) of
21    subsection (d) of this Section.
22        "Assessment" means any of those benchmark, progress
23    monitoring, formative, diagnostic, and other assessments,
24    in addition to the State accountability assessment, that
25    assist teachers' needs in understanding the skills and
26    meeting the needs of the students they serve.

 

 

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

 

 

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

 

 

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1    the State Board within 45 days of the dates required in
2    this Section for submission of enrollment data in order for
3    it to be included in the ASE calculation.
4        "Base Funding Guarantee" is defined in paragraph (10)
5    of subsection (g) of this Section.
6        "Base Funding Minimum" is defined in subsection (e) of
7    this Section.
8        "Base Tax Year" means the property tax levy year used
9    to calculate the Budget Year allocation of primary State
10    aid.
11        "Base Tax Year's Extension" means the product of the
12    equalized assessed valuation utilized by the county clerk
13    in the Base Tax Year multiplied by the limiting rate as
14    calculated by the county clerk and defined in PTELL.
15        "Bilingual Education Allocation" means the amount of
16    an Organizational Unit's final Adequacy Target
17    attributable to bilingual education divided by the
18    Organizational Unit's final Adequacy Target, the product
19    of which shall be multiplied by the amount of new funding
20    received pursuant to this Section. An Organizational
21    Unit's final Adequacy Target attributable to bilingual
22    education shall include all additional investments in
23    English learner students' adequacy elements.
24        "Budget Year" means the school year for which primary
25    State aid is calculated and awarded under this Section.
26        "Central office" means individual administrators and

 

 

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1    support service personnel charged with managing the
2    instructional programs, business and operations, and
3    security of the Organizational Unit.
4        "Comparable Wage Index" or "CWI" means a regional cost
5    differentiation metric that measures systemic, regional
6    variations in the salaries of college graduates who are not
7    educators. The CWI utilized for this Section shall, for the
8    first 3 years of Evidence-Based Funding implementation, be
9    the CWI initially developed by the National Center for
10    Education Statistics, as most recently updated by Texas A &
11    M University. In the fourth and subsequent years of
12    Evidence-Based Funding implementation, the State
13    Superintendent shall re-determine the CWI using a similar
14    methodology to that identified in the Texas A & M
15    University study, with adjustments made no less frequently
16    than once every 5 years.
17        "Computer technology and equipment" means computers
18    servers, notebooks, network equipment, copiers, printers,
19    instructional software, security software, curriculum
20    management courseware, and other similar materials and
21    equipment.
22        "Core subject" means mathematics; science; reading,
23    English, writing, and language arts; history and social
24    studies; world languages; and subjects taught as Advanced
25    Placement in high schools.
26        "Core teacher" means a regular classroom teacher in

 

 

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

 

 

10000HB5170ham001- 89 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 90 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 91 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 92 -LRB100 19166 AXK 37121 a

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

 

 

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

 

 

10000HB5170ham001- 94 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 95 -LRB100 19166 AXK 37121 a

1    county average. To calculate this weighted value, if the
2    number of adjacent Illinois counties is greater than 2, the
3    original county's CWI value will be weighted at 0.25 and
4    the adjacent Illinois county average will be weighted at
5    0.75. If the number of adjacent Illinois counties is 2, the
6    original county's CWI value will be weighted at 0.33 and
7    the adjacent Illinois county average will be weighted at
8    0.66. The greater of the county's current CWI value and its
9    weighted adjusted index value shall be used as the
10    Organizational Unit CWI.
11        "Preceding Tax Year" means the property tax levy year
12    immediately preceding the Base Tax Year.
13        "Preceding Tax Year's Extension" means the product of
14    the equalized assessed valuation utilized by the county
15    clerk in the Preceding Tax Year multiplied by the Operating
16    Tax Rate.
17        "Preliminary Percent of Adequacy" is defined in
18    paragraph (2) of subsection (f) of this Section.
19        "Preliminary Resources" is defined in paragraph (2) of
20    subsection (f) of this Section.
21        "Principal" means a school administrator duly endorsed
22    to be employed as a principal in this State.
23        "Professional development" means training programs for
24    licensed staff in schools, including, but not limited to,
25    programs that assist in implementing new curriculum
26    programs, provide data focused or academic assessment data

 

 

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1    training to help staff identify a student's weaknesses and
2    strengths, target interventions, improve instruction,
3    encompass instructional strategies for English learner,
4    gifted, or at-risk students, address inclusivity, cultural
5    sensitivity, or implicit bias, or otherwise provide
6    professional support for licensed staff.
7        "Prototypical" means 450 special education
8    pre-kindergarten and kindergarten through grade 5 students
9    for an elementary school, 450 grade 6 through 8 students
10    for a middle school, and 600 grade 9 through 12 students
11    for a high school.
12        "PTELL" means the Property Tax Extension Limitation
13    Law.
14        "PTELL EAV" is defined in paragraph (4) of subsection
15    (d) of this Section.
16        "Pupil support staff" means a nurse, psychologist,
17    social worker, family liaison personnel, or other staff
18    member who provides support to at-risk or struggling
19    students.
20        "Real Receipts" is defined in paragraph (1) of
21    subsection (d) of this Section.
22        "Regionalization Factor" means, for a particular
23    Organizational Unit, the figure derived by dividing the
24    Organizational Unit CWI by the Statewide Weighted CWI.
25        "School site staff" means the primary school secretary
26    and any additional clerical personnel assigned to a school.

 

 

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1        "Special education" means special educational
2    facilities and services, as defined in Section 14-1.08 of
3    this Code.
4        "Special Education Allocation" means the amount of an
5    Organizational Unit's final Adequacy Target attributable
6    to special education divided by the Organizational Unit's
7    final Adequacy Target, the product of which shall be
8    multiplied by the amount of new funding received pursuant
9    to this Section. An Organizational Unit's final Adequacy
10    Target attributable to special education shall include all
11    special education investment adequacy elements.
12        "Specialist teacher" means a teacher who provides
13    instruction in subject areas not included in core subjects,
14    including, but not limited to, art, music, physical
15    education, health, driver education, career-technical
16    education, and such other subject areas as may be mandated
17    by State law or provided by an Organizational Unit.
18        "Specially Funded Unit" means an Alternative School,
19    safe school, Department of Juvenile Justice school,
20    special education cooperative or entity recognized by the
21    State Board as a special education cooperative,
22    State-approved charter school, or alternative learning
23    opportunities program that received direct funding from
24    the State Board during the 2016-2017 school year through
25    any of the funding sources included within the calculation
26    of the Base Funding Minimum or Glenwood Academy.

 

 

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

 

 

10000HB5170ham001- 99 -LRB100 19166 AXK 37121 a

1    the regular school year.
2        "Supervisory aide" means a non-licensed staff member
3    who helps in supervising students of an Organizational
4    Unit, but does so outside of the classroom, in situations
5    such as, but not limited to, monitoring hallways and
6    playgrounds, supervising lunchrooms, or supervising
7    students when being transported in buses serving the
8    Organizational Unit.
9        "Target Ratio" is defined in paragraph (4) of
10    subsection (g).
11        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
12    in paragraph (3) of subsection (g).
13        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
14    Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate
15    Funding" are defined in paragraph (1) of subsection (g).
16    (b) Adequacy Target calculation.
17        (1) Each Organizational Unit's Adequacy Target is the
18    sum of the Organizational Unit's cost of providing
19    Essential Elements, as calculated in accordance with this
20    subsection (b), with the salary amounts in the Essential
21    Elements multiplied by a Regionalization Factor calculated
22    pursuant to paragraph (3) of this subsection (b).
23        (2) The Essential Elements are attributable on a pro
24    rata basis related to defined subgroups of the ASE of each
25    Organizational Unit as specified in this paragraph (2),
26    with investments and FTE positions pro rata funded based on

 

 

10000HB5170ham001- 100 -LRB100 19166 AXK 37121 a

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

 

 

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1        Organizational Unit shall receive the funding needed
2        to cover that number of FTE specialist teacher
3        positions that correspond to the following
4        percentages:
5                (i) if the Organizational Unit operates an
6            elementary or middle school, then 20.00% of the
7            number of the Organizational Unit's core teachers,
8            as determined under subparagraph (A) of this
9            paragraph (2); and
10                (ii) if such Organizational Unit operates a
11            high school, then 33.33% of the number of the
12            Organizational Unit's core teachers.
13            (C) Instructional facilitator investments. Each
14        Organizational Unit shall receive the funding needed
15        to cover one FTE instructional facilitator position
16        for every 200 combined ASE of pre-kindergarten
17        children with disabilities and all kindergarten
18        through grade 12 students of the Organizational Unit.
19            (D) Core intervention teacher (tutor) investments.
20        Each Organizational Unit shall receive the funding
21        needed to cover one FTE teacher position for each
22        prototypical elementary, middle, and high school.
23            (E) Substitute teacher investments. Each
24        Organizational Unit shall receive the funding needed
25        to cover substitute teacher costs that is equal to
26        5.70% of the minimum pupil attendance days required

 

 

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

 

 

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

 

 

10000HB5170ham001- 104 -LRB100 19166 AXK 37121 a

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

 

 

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

 

 

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1        kindergarten through grade 5 ASE student in elementary
2        school, plus $200 per ASE student in middle school,
3        plus $675 per ASE student in high school.
4            (S) Maintenance and operations investments. Each
5        Organizational Unit shall receive $1,038 per student
6        of the combined ASE of pre-kindergarten children with
7        disabilities and all kindergarten through grade 12 for
8        day-to-day maintenance and operations expenditures,
9        including salary, supplies, and materials, as well as
10        purchased services, but excluding employee benefits.
11        The proportion of salary for the application of a
12        Regionalization Factor and the calculation of benefits
13        is equal to $352.92.
14            (T) Central office investments. Each
15        Organizational Unit shall receive $742 per student of
16        the combined ASE of pre-kindergarten children with
17        disabilities and all kindergarten through grade 12
18        students to cover central office operations, including
19        administrators and classified personnel charged with
20        managing the instructional programs, business and
21        operations of the school district, and security
22        personnel. The proportion of salary for the
23        application of a Regionalization Factor and the
24        calculation of benefits is equal to $368.48.
25            (U) Employee benefit investments. Each
26        Organizational Unit shall receive 30% of the total of

 

 

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

 

 

10000HB5170ham001- 108 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 109 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 110 -LRB100 19166 AXK 37121 a

1    charter schools, for the following positions:
2            (A) Teacher for grades K through 8.
3            (B) Teacher for grades 9 through 12.
4            (C) Teacher for grades K through 12.
5            (D) Guidance counselor for grades K through 8.
6            (E) Guidance counselor for grades 9 through 12.
7            (F) Guidance counselor for grades K through 12.
8            (G) Social worker.
9            (H) Psychologist.
10            (I) Librarian.
11            (J) Nurse.
12            (K) Principal.
13            (L) Assistant principal.
14        For the purposes of this paragraph (3), "teacher"
15    includes core teachers, specialist and elective teachers,
16    instructional facilitators, tutors, special education
17    teachers, pupil support staff teachers, English learner
18    teachers, extended-day teachers, and summer school
19    teachers. Where specific grade data is not required for the
20    Essential Elements, the average salary for corresponding
21    positions shall apply. For substitute teachers, the
22    average teacher salary for grades K through 12 shall apply.
23        For calculating the salaries included within the
24    Essential Elements for positions not included within EIS
25    Data, the following salaries shall be used in the first
26    year of implementation of Evidence-Based Funding:

 

 

10000HB5170ham001- 111 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 112 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 113 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 114 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 115 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 116 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 117 -LRB100 19166 AXK 37121 a

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

 

 

10000HB5170ham001- 118 -LRB100 19166 AXK 37121 a

1        property been determined under Section 15-175 of the
2        Property Tax Code. It is further the intent of this
3        subparagraph (A) that if additional exemptions are
4        allowed under Section 15-175 of the Property Tax Code
5        for owners with a household income of less than
6        $30,000, then the calculation of EAV shall not be
7        affected by the difference, if any, because of those
8        additional exemptions.
9            (B) With respect to any part of an Organizational
10        Unit within a redevelopment project area in respect to
11        which a municipality has adopted tax increment
12        allocation financing pursuant to the Tax Increment
13        Allocation Redevelopment Act, Division 74.4 of the
14        Illinois Municipal Code, or the Industrial Jobs
15        Recovery Law, Division 74.6 of the Illinois Municipal
16        Code, no part of the current EAV of real property
17        located in any such project area which is attributable
18        to an increase above the total initial EAV of such
19        property shall be used as part of the EAV of the
20        Organizational Unit, until such time as all
21        redevelopment project costs have been paid, as
22        provided in Section 11-74.4-8 of the Tax Increment
23        Allocation Redevelopment Act or in Section 11-74.6-35
24        of the Industrial Jobs Recovery Law. For the purpose of
25        the EAV of the Organizational Unit, the total initial
26        EAV or the current EAV, whichever is lower, shall be

 

 

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

 

 

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1        (4) An Organizational Unit's Adjusted EAV shall be the
2    average of its EAV over the immediately preceding 3 years
3    or its EAV in the immediately preceding year if the EAV in
4    the immediately preceding year has declined by 10% or more
5    compared to the 3-year average. In the event of
6    Organizational Unit reorganization, consolidation, or
7    annexation, the Organizational Unit's Adjusted EAV for the
8    first 3 years after such change shall be as follows: the
9    most current EAV shall be used in the first year, the
10    average of a 2-year EAV or its EAV in the immediately
11    preceding year if the EAV declines by 10% or more compared
12    to the 2-year average for the second year, and a 3-year
13    average EAV or its EAV in the immediately preceding year if
14    the adjusted EAV declines by 10% or more compared to the
15    3-year average for the third year.
16        "PTELL EAV" means a figure calculated by the State
17    Board for Organizational Units subject to PTELL as
18    described in this paragraph (4) for the purposes of
19    calculating an Organizational Unit's Local Capacity Ratio.
20    Except as otherwise provided in this paragraph (4), the
21    PTELL EAV of an Organizational Unit shall be equal to the
22    product of the equalized assessed valuation last used in
23    the calculation of general State aid under Section 18-8.05
24    of this Code or Evidence-Based Funding under this Section
25    and the Organizational Unit's Extension Limitation Ratio.
26    If an Organizational Unit has approved or does approve an

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1            (C) The Tier 3 Allocation Rate is the result of the
2        following equation: Tier 3 Aggregate Funding, divided
3        by the sum of the Adequacy Targets of all Tier 3
4        Organizational Units.
5            (D) The Tier 4 Allocation Rate is the result of the
6        following equation: Tier 4 Aggregate Funding, divided
7        by the sum of the Adequacy Targets of all Tier 4
8        Organizational Units.
9        (5) A tier's Target Ratio is determined as follows:
10            (A) The Tier 1 Target Ratio is the ratio level that
11        allows for Tier 1 Aggregate Funding to be distributed
12        with the Tier 1 Allocation Rate.
13            (B) The Tier 2 Target Ratio is 0.90.
14            (C) The Tier 3 Target Ratio is 1.0.
15        (6) If, at any point, the Tier 1 Target Ratio is
16    greater than 90%, than all Tier 1 funding shall be
17    allocated to Tier 2 and no Tier 1 Organizational Unit's
18    funding may be identified.
19        (7) In the event that all Tier 2 Organizational Units
20    receive funding at the Tier 2 Target Ratio level, any
21    remaining New State Funds shall be allocated to Tier 3 and
22    Tier 4 Organizational Units.
23        (8) If any Specially Funded Units, excluding Glenwood
24    Academy, recognized by the State Board do not qualify for
25    direct funding following the implementation of this
26    amendatory Act of the 100th General Assembly from any of

 

 

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1    the funding sources included within the definition of Base
2    Funding Minimum, the unqualified portion of the Base
3    Funding Minimum shall be transferred to one or more
4    appropriate Organizational Units as determined by the
5    State Superintendent based on the prior year ASE of the
6    Organizational Units.
7        (9) The Minimum Funding Level is intended to establish
8    a target for State funding that will keep pace with
9    inflation and continue to advance equity through the
10    Evidence-Based Funding formula. The target for State
11    funding of New Property Tax Relief Pool Funds is
12    $50,000,000 for State fiscal year 2019 and subsequent State
13    fiscal years. The Minimum Funding Level is equal to
14    $350,000,000. In addition to any New State Funds, no more
15    than $50,000,000 New Property Tax Relief Pool Funds may be
16    counted towards the Minimum Funding Level. If the sum of
17    New State Funds and applicable New Property Tax Relief Pool
18    Funds are less than the Minimum Funding Level, than funding
19    for tiers shall be reduced in the following manner:
20            (A) First, Tier 4 funding shall be reduced by an
21        amount equal to the difference between the Minimum
22        Funding Level and New State Funds until such time as
23        Tier 4 funding is exhausted.
24            (B) Next, Tier 3 funding shall be reduced by an
25        amount equal to the difference between the Minimum
26        Funding Level and New State Funds and the reduction in

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    claim that was filed while it was recognized.
2        (7) School district claims filed under this Section are
3    subject to Sections 18-9 and 18-12 of this Code, except as
4    otherwise provided in this Section.
5        (8) Each fiscal year, the State Superintendent shall
6    calculate for each Organizational Unit an amount of its
7    Base Funding Minimum and Evidence-Based Funding that shall
8    be deemed attributable to the provision of special
9    educational facilities and services, as defined in Section
10    14-1.08 of this Code, in a manner that ensures compliance
11    with maintenance of State financial support requirements
12    under the federal Individuals with Disabilities Education
13    Act. An Organizational Unit must use such funds only for
14    the provision of special educational facilities and
15    services, as defined in Section 14-1.08 of this Code, and
16    must comply with any expenditure verification procedures
17    adopted by the State Board.
18        (9) All Organizational Units in this State must submit
19    annual spending plans by the end of September of each year
20    to the State Board as part of the annual budget process,
21    which shall describe how each Organizational Unit will
22    utilize the Base Minimum Funding and Evidence-Based
23    funding it receives from this State under this Section with
24    specific identification of the intended utilization of
25    Low-Income, English learner, and special education
26    resources. Additionally, the annual spending plans of each

 

 

10000HB5170ham001- 135 -LRB100 19166 AXK 37121 a

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

 

 

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

 

 

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1        school business officials, recommended by a statewide
2        organization that represents school business
3        officials.
4            (D) Two appointees that represent school
5        principals, recommended by a statewide organization
6        that represents school principals.
7            (E) Two appointees that represent teachers,
8        recommended by a statewide organization that
9        represents teachers.
10            (F) Two appointees that represent teachers,
11        recommended by another statewide organization that
12        represents teachers.
13            (G) Two appointees that represent regional
14        superintendents of schools, recommended by
15        organizations that represent regional superintendents.
16            (H) Two independent experts selected solely by the
17        State Superintendent.
18            (I) Two independent experts recommended by public
19        universities in this State.
20            (J) One member recommended by a statewide
21        organization that represents parents.
22            (K) Two representatives recommended by collective
23        impact organizations that represent major metropolitan
24        areas or geographic areas in Illinois.
25            (L) One member from a statewide organization
26        focused on research-based education policy to support

 

 

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1        a school system that prepares all students for college,
2        a career, and democratic citizenship.
3            (M) One representative from a school district
4        organized under Article 34 of this Code.
5        The State Superintendent shall ensure that the
6    membership of the Panel includes representatives from
7    school districts and communities reflecting the
8    geographic, socio-economic, racial, and ethnic diversity
9    of this State. The State Superintendent shall additionally
10    ensure that the membership of the Panel includes
11    representatives with expertise in bilingual education and
12    special education. Staff from the State Board shall staff
13    the Panel.
14        (2) In addition to those Panel members appointed by the
15    State Superintendent, 4 members of the General Assembly
16    shall be appointed as follows: one member of the House of
17    Representatives appointed by the Speaker of the House of
18    Representatives, one member of the Senate appointed by the
19    President of the Senate, one member of the House of
20    Representatives appointed by the Minority Leader of the
21    House of Representatives, and one member of the Senate
22    appointed by the Minority Leader of the Senate. There shall
23    be one additional member appointed by the Governor. All
24    members appointed by legislative leaders or the Governor
25    shall be non-voting, ex officio members.
26        (3) On an annual basis, the State Superintendent shall

 

 

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

 

 

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1        State Superintendent every 5 years.
2            (C) Maintenance and operations. Within 5 years
3        after the implementation of this Section, the Panel
4        shall make recommendations for the further study of
5        maintenance and operations costs, including capital
6        maintenance costs, and recommend any additional
7        reporting data required from Organizational Units.
8            (D) "At-risk student" definition. Within 5 years
9        after the implementation of this Section, the Panel
10        shall make recommendations for the further study and
11        determination of an "at-risk student" definition.
12        Within 5 years after the implementation of this
13        Section, the Panel shall evaluate and make
14        recommendations regarding adequate funding for poverty
15        concentration under the Evidence-Based Funding model.
16            (E) Benefits. Within 5 years after the
17        implementation of this Section, the Panel shall make
18        recommendations for further study of benefit costs.
19            (F) Technology. The per pupil target for
20        technology shall be reviewed every 3 years to determine
21        whether current allocations are sufficient to develop
22        21st century learning in all classrooms in this State
23        and supporting a one-to-one technological device
24        program in each school. Recommendations shall be made
25        no later than 3 years after the implementation of this
26        Section.

 

 

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1            (G) Local Capacity Target. Within 3 years after the
2        implementation of this Section, the Panel shall make
3        recommendations for any additional data desired to
4        analyze possible modifications to the Local Capacity
5        Target, to be based on measures in addition to solely
6        EAV and to be completed within 5 years after
7        implementation of this Section.
8            (H) Funding for Alternative Schools, Laboratory
9        Schools, safe schools, and alternative learning
10        opportunities programs. By the beginning of the
11        2021-2022 school year, the Panel shall study and make
12        recommendations regarding the funding levels for
13        Alternative Schools, Laboratory Schools, safe schools,
14        and alternative learning opportunities programs in
15        this State.
16            (I) Funding for college and career acceleration
17        strategies. By the beginning of the 2021-2022 school
18        year, the Panel shall study and make recommendations
19        regarding funding levels to support college and career
20        acceleration strategies in high school that have been
21        demonstrated to result in improved secondary and
22        postsecondary outcomes, including Advanced Placement,
23        dual-credit opportunities, and college and career
24        pathway systems.
25            (J) Special education investments. By the
26        beginning of the 2021-2022 school year, the Panel shall

 

 

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

 

 

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1    (j) References. Beginning July 1, 2017, references in other
2laws to general State aid funds or calculations under Section
318-8.05 of this Code shall be deemed to be references to
4evidence-based model formula funds or calculations under this
5Section.
6(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18.)
 
7    (105 ILCS 5/19-30)  (from Ch. 122, par. 19-30)
8    Sec. 19-30. Any school district which, pursuant to Section
910-22.31b of this Act, has entered into a joint agreement with
10one or more school districts to acquire, build, establish and
11maintain sites and buildings for area vocational purposes may
12by proper resolution borrow money for the purpose of acquiring
13sites and buildings and building, equipping, improving and
14remodeling buildings and sites for career and technical
15vocational education purposes and as evidence of such
16indebtedness issue bonds without referendum, provided that the
17project which is the subject of such joint agreement has been
18designated by the State Board of Vocational Education and
19Rehabilitation as an Area Secondary Vocational Center, and
20further provided (a) that such district has been authorized by
21referendum to impose the tax under Section 17-2.4 of this Act,
22or (b) that such district, not having been so authorized by
23such referendum, by resolution has authorized the payment of
24its proportionate share of the cost of the area vocational
25center under such agreement from funds raised by building tax

 

 

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

 

 

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

 

 

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1    With respect to instruments for the payment of money issued
2under this Section either before, on, or after the effective
3date of this amendatory Act of 1989, it is and always has been
4the intention of the General Assembly (i) that the Omnibus Bond
5Acts are and always have been supplementary grants of power to
6issue instruments in accordance with the Omnibus Bond Acts,
7regardless of any provision of this Act that may appear to be
8or to have been more restrictive than those Acts, (ii) that the
9provisions of this Section are not a limitation on the
10supplementary authority granted by the Omnibus Bond Acts, and
11(iii) that instruments issued under this Section within the
12supplementary authority granted by the Omnibus Bond Acts are
13not invalid because of any provision of this Act that may
14appear to be or to have been more restrictive than those Acts.
15(Source: P.A. 86-4.)
 
16    (105 ILCS 5/24A-7)  (from Ch. 122, par. 24A-7)
17    Sec. 24A-7. Rules. The State Board of Education is
18authorized to adopt such rules as are deemed necessary to
19implement and accomplish the purposes and provisions of this
20Article, including, but not limited to, rules (i) relating to
21the methods for measuring student growth (including, but not
22limited to, limitations on the age of useable data; the amount
23of data needed to reliably and validly measure growth for the
24purpose of teacher and principal evaluations; and whether and
25at what time annual State assessments may be used as one of

 

 

10000HB5170ham001- 147 -LRB100 19166 AXK 37121 a

1multiple measures of student growth), (ii) defining the term
2"significant factor" for purposes of including consideration
3of student growth in performance ratings, (iii) controlling for
4such factors as student characteristics (including, but not
5limited to, students receiving special education and English
6Language Learner services), student attendance, and student
7mobility so as to best measure the impact that a teacher,
8principal, school and school district has on students' academic
9achievement, (iv) establishing minimum requirements for
10district teacher and principal evaluation instruments and
11procedures, and (v) establishing a model evaluation plan for
12use by school districts in which student growth shall comprise
1350% of the performance rating. Notwithstanding any provision in
14this Section, such rules shall not preclude a school district
15having 500,000 or more inhabitants from using an annual State
16assessment as the sole measure of student growth for purposes
17of teacher or principal evaluations.
18    The State Superintendent of Education shall convene a
19Performance Evaluation Advisory Council, which shall be
20staffed by the State Board of Education. Members of the Council
21shall be selected by the State Superintendent and include,
22without limitation, representatives of teacher unions and
23school district management, persons with expertise in
24performance evaluation processes and systems, as well as other
25stakeholders. The Council shall meet at least quarterly, and
26may also meet at the call of the chairperson of the Council,

 

 

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1following the effective date of this amendatory Act of the
2100th General Assembly until June 30, 2021. The Council shall
3advise the State Board of Education on the ongoing
4implementation of performance evaluations in this State, which
5may include gathering public feedback, sharing best practices,
6consulting with the State Board on any proposed rule changes
7regarding evaluations, and other subjects as determined by the
8chairperson of the Council.
9    Prior to the applicable implementation date, these rules
10shall not apply to teachers assigned to schools identified in
11an agreement entered into between the board of a school
12district operating under Article 34 of this Code and the
13exclusive representative of the district's teachers in
14accordance with Section 34-85c of this Code.
15(Source: P.A. 100-211, eff. 8-18-17.)
 
16    (105 ILCS 5/27-22)  (from Ch. 122, par. 27-22)
17    Sec. 27-22. Required high school courses.
18    (a) (Blank).
19    (b) (Blank).
20    (c) (Blank).
21    (d) (Blank).
22    (e) As a prerequisite to receiving a high school diploma,
23each pupil entering the 9th grade in the 2008-2009 school year
24or a subsequent school year must, in addition to other course
25requirements, successfully complete all of the following

 

 

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

 

 

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1    the purposes of offering civics education.
2        (6) One year chosen from (A) music, (B) art, (C)
3    foreign language, which shall be deemed to include American
4    Sign Language, or (D) career and technical vocational
5    education.
6    (f) The State Board of Education shall develop and inform
7school districts of standards for writing-intensive
8coursework.
9    (f-5) If a school district offers an Advanced Placement
10computer science course to high school students, then the
11school board must designate that course as equivalent to a high
12school mathematics course and must denote on the student's
13transcript that the Advanced Placement computer science course
14qualifies as a mathematics-based, quantitative course for
15students in accordance with subdivision (3) of subsection (e)
16of this Section.
17    (g) This amendatory Act of 1983 does not apply to pupils
18entering the 9th grade in 1983-1984 school year and prior
19school years or to students with disabilities whose course of
20study is determined by an individualized education program.
21    This amendatory Act of the 94th General Assembly does not
22apply to pupils entering the 9th grade in the 2004-2005 school
23year or a prior school year or to students with disabilities
24whose course of study is determined by an individualized
25education program.
26    (h) The provisions of this Section are subject to the

 

 

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1provisions of Section 27-22.05 of this Code and the
2Postsecondary and Workforce Readiness Act.
3(Source: P.A. 99-434, eff. 7-1-16 (see P.A. 99-485 for the
4effective date of changes made by P.A. 99-434); 99-485, eff.
511-20-15; 99-674, eff. 7-29-16; 100-443, eff. 8-25-17.)
 
6    (105 ILCS 5/27-22.2)  (from Ch. 122, par. 27-22.2)
7    Sec. 27-22.2. Career and technical Vocational education
8elective. Whenever the school board of any school district
9which maintains grades 9 through 12 establishes a list of
10courses from which secondary school students each must elect at
11least one course, to be completed along with other course
12requirements as a pre-requisite to receiving a high school
13diploma, that school board must include on the list of such
14elective courses at least one course in career and technical
15vocational education.
16(Source: P.A. 84-1334; 84-1438.)
 
17    (105 ILCS 5/27A-12)
18    Sec. 27A-12. Evaluation; report. On or before September 30
19of every odd-numbered year, all local school boards with at
20least one charter school, as well as the Commission, shall
21submit to the State Board any information required by the State
22Board pursuant to applicable rule. On or before the second
23Wednesday in January of every even-numbered year, the State
24Board shall issue a report to the General Assembly and the

 

 

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1Governor on its findings for the previous 2 school years. The
2report may be submitted electronically in the manner prescribed
3by the State Board. The State Board's report shall summarize
4all of the following:
5        (1) The authorizer's strategic vision for chartering
6    and progress toward achieving that vision.
7        (2) The academic and financial performance of all
8    operating charter schools overseen by the authorizer,
9    according to the performance expectations for charter
10    schools set forth in this Article.
11        (3) The status of the authorizer's charter school
12    portfolio, identifying all charter schools in each of the
13    following categories: approved (but not yet open),
14    operating, renewed, transferred, revoked, not renewed,
15    voluntarily closed, or never opened.
16        (4) The authorizing functions provided by the
17    authorizer to the charter schools under its purview,
18    including the authorizer's operating costs and expenses
19    detailed in annual audited financial statements, which
20    must conform with generally accepted accounting
21    principles.
22    Further, in the report required by this Section, the State
23Board (i) shall compare the performance of charter school
24pupils with the performance of ethnically and economically
25comparable groups of pupils in other public schools who are
26enrolled in academically comparable courses, (ii) shall review

 

 

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1information regarding the regulations and policies from which
2charter schools were released to determine if the exemptions
3assisted or impeded the charter schools in meeting their stated
4goals and objectives, and (iii) shall include suggested changes
5in State law necessary to strengthen charter schools.
6    In addition, the State Board shall undertake and report on
7periodic evaluations of charter schools that include
8evaluations of student academic achievement, the extent to
9which charter schools are accomplishing their missions and
10goals, the sufficiency of funding for charter schools, and the
11need for changes in the approval process for charter schools.
12    Based on the information that the State Board receives from
13authorizers and the State Board's ongoing monitoring of both
14charter schools and authorizers, the State Board has the power
15to remove the power to authorize from any authorizer in this
16State if the authorizer does not demonstrate a commitment to
17high-quality authorization practices and, if necessary, revoke
18the chronically low-performing charters authorized by the
19authorizer at the time of the removal. The State Board shall
20adopt rules as needed to carry out this power, including
21provisions to determine the status of schools authorized by an
22authorizer whose authorizing power is revoked.
23(Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)
 
24    (105 ILCS 5/34-225)
25    Sec. 34-225. School transition plans.

 

 

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

 

 

10000HB5170ham001- 155 -LRB100 19166 AXK 37121 a

1        (4) the provision of appropriate transportation where
2    practicable.
3    (d) When implementing a school action, the Board must make
4reasonable and demonstrated efforts to ensure that:
5        (1) affected students receive a comparable level of
6    social support services provided by Chicago Public Schools
7    that were available at the previous school, provided that
8    the need for such social support services continue to
9    exist; and
10        (2) class sizes of any receiving school do not exceed
11    those established under the Chicago Public Schools policy
12    regarding class size, subject to principal discretion.
13(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11;
1497-813, eff. 7-13-12; 97-1133, eff. 11-30-12.)
 
15    (105 ILCS 5/3-3 rep.)
16    Section 10. The School Code is amended by repealing Section
173-3.
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act.
 

 

 

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1    Section 99. Effective date. This Act takes effect July 1,
22018.".