101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4491

 

Introduced 2/4/2020, by Rep. Jonathan Carroll

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.66b
105 ILCS 5/10-19  from Ch. 122, par. 10-19
105 ILCS 5/13B-45
105 ILCS 5/18-8.15
105 ILCS 5/24-1  from Ch. 122, par. 24-1

    Amends the School Code. Provides that, in annually preparing a calendar for the school term, a school board may provide a minimum term of 880 instructional clock hours instead of the required term of at least 185 days to insure 176 days of actual pupil attendance. Makes conforming changes.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.66b, 10-19, 13B-45, 18-8.15, and 24-1 as follows:
 
6    (105 ILCS 5/2-3.66b)
7    Sec. 2-3.66b. IHOPE Program.
8    (a) There is established the Illinois Hope and Opportunity
9Pathways through Education (IHOPE) Program. The State Board of
10Education shall implement and administer the IHOPE Program. The
11goal of the IHOPE Program is to develop a comprehensive system
12in this State to re-enroll significant numbers of high school
13dropouts in programs that will enable them to earn their high
14school diploma.
15    (b) The IHOPE Program shall award grants, subject to
16appropriation for this purpose, to educational service regions
17and a school district organized under Article 34 of this Code
18from appropriated funds to assist in establishing
19instructional programs and other services designed to
20re-enroll high school dropouts. From any funds appropriated for
21the IHOPE Program, the State Board of Education may use up to
225% for administrative costs, including the performance of a
23program evaluation and the hiring of staff to implement and

 

 

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1administer the program.
2    The IHOPE Program shall provide incentive grant funds for
3regional offices of education and a school district organized
4under Article 34 of this Code to develop partnerships with
5school districts, public community colleges, and community
6groups to build comprehensive plans to re-enroll high school
7dropouts in their regions or districts.
8    Programs funded through the IHOPE Program shall allow high
9school dropouts, up to and including age 21 notwithstanding
10Section 26-2 of this Code, to re-enroll in an educational
11program in conformance with rules adopted by the State Board of
12Education. Programs may include without limitation
13comprehensive year-round programming, evening school, summer
14school, community college courses, adult education, vocational
15training, work experience, programs to enhance self-concept,
16and parenting courses. Any student in the IHOPE Program who
17wishes to earn a high school diploma must meet the
18prerequisites to receiving a high school diploma specified in
19Section 27-22 of this Code and any other graduation
20requirements of the student's district of residence. Any
21student who successfully completes the requirements for his or
22her graduation shall receive a diploma identifying the student
23as graduating from his or her district of residence.
24    (c) In order to be eligible for funding under the IHOPE
25Program, an interested regional office of education or a school
26district organized under Article 34 of this Code shall develop

 

 

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1an IHOPE Plan to be approved by the State Board of Education.
2The State Board of Education shall develop rules for the IHOPE
3Program that shall set forth the requirements for the
4development of the IHOPE Plan. Each Plan shall involve school
5districts, public community colleges, and key community
6programs that work with high school dropouts located in an
7educational service region or the City of Chicago before the
8Plan is sent to the State Board for approval. No funds may be
9distributed to a regional office of education or a school
10district organized under Article 34 of this Code until the
11State Board has approved the Plan.
12    (d) A regional office of education or a school district
13organized under Article 34 of this Code may operate its own
14program funded by the IHOPE Program or enter into a contract
15with other not-for-profit entities, including school
16districts, public community colleges, and not-for-profit
17community-based organizations, to operate a program.
18    A regional office of education or a school district
19organized under Article 34 of this Code that receives an IHOPE
20grant from the State Board of Education may provide funds under
21a sub-grant, as specified in the IHOPE Plan, to other
22not-for-profit entities to provide services according to the
23IHOPE Plan that was developed. These other entities may include
24school districts, public community colleges, or not-for-profit
25community-based organizations or a cooperative partnership
26among these entities.

 

 

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1    (e) In order to distribute funding based upon the need to
2ensure delivery of programs that will have the greatest impact,
3IHOPE Program funding must be distributed based upon the
4proportion of dropouts in the educational service region or
5school district, in the case of a school district organized
6under Article 34 of this Code, to the total number of dropouts
7in this State. This formula shall employ the dropout data
8provided by school districts to the State Board of Education.
9    A regional office of education or a school district
10organized under Article 34 of this Code may claim State aid
11under Section 18-8.05 or 18-8.15 of this Code for students
12enrolled in a program funded by the IHOPE Program, provided
13that the State Board of Education has approved the IHOPE Plan
14and that these students are receiving services that are meeting
15the requirements of Section 27-22 of this Code for receipt of a
16high school diploma and are otherwise eligible to be claimed
17for general State aid under Section 18-8.05 of this Code or
18evidence-based funding under Section 18-8.15 of this Code,
19including provisions related to the minimum number of days of
20pupil attendance or minimum number of instructional clock hours
21pursuant to Section 10-19 of this Code and the minimum number
22of daily hours of school work and any exceptions thereto as
23defined by the State Board of Education in rules.
24    (f) IHOPE categories of programming may include the
25following:
26        (1) Full-time programs that are comprehensive,

 

 

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1    year-round programs.
2        (2) Part-time programs combining work and study
3    scheduled at various times that are flexible to the needs
4    of students.
5        (3) Online programs and courses in which students take
6    courses and complete on-site, supervised tests that
7    measure the student's mastery of a specific course needed
8    for graduation. Students may take courses online and earn
9    credit or students may prepare to take supervised tests for
10    specific courses for credit leading to receipt of a high
11    school diploma.
12        (4) Dual enrollment in which students attend high
13    school classes in combination with community college
14    classes or students attend community college classes while
15    simultaneously earning high school credit and eventually a
16    high school diploma.
17    (g) In order to have successful comprehensive programs
18re-enrolling and graduating low-skilled high school dropouts,
19programs funded through the IHOPE Program shall include all of
20the following components:
21        (1) Small programs (70 to 100 students) at a separate
22    school site with a distinct identity. Programs may be
23    larger with specific need and justification, keeping in
24    mind that it is crucial to keep programs small to be
25    effective.
26        (2) Specific performance-based goals and outcomes and

 

 

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1    measures of enrollment, attendance, skills, credits,
2    graduation, and the transition to college, training, and
3    employment.
4        (3) Strong, experienced leadership and teaching staff
5    who are provided with ongoing professional development.
6        (4) Voluntary enrollment.
7        (5) High standards for student learning, integrating
8    work experience, and education, including during the
9    school year and after school, and summer school programs
10    that link internships, work, and learning.
11        (6) Comprehensive programs providing extensive support
12    services.
13        (7) Small teams of students supported by full-time paid
14    mentors who work to retain and help those students
15    graduate.
16        (8) A comprehensive technology learning center with
17    Internet access and broad-based curriculum focusing on
18    academic and career subject areas.
19        (9) Learning opportunities that incorporate action
20    into study.
21    (h) Programs funded through the IHOPE Program must report
22data to the State Board of Education as requested. This
23information shall include, but is not limited to, student
24enrollment figures, attendance information, course completion
25data, graduation information, and post-graduation information,
26as available.

 

 

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1    (i) Rules must be developed by the State Board of Education
2to set forth the fund distribution process to regional offices
3of education and a school district organized under Article 34
4of this Code, the planning and the conditions upon which an
5IHOPE Plan would be approved by State Board, and other rules to
6develop the IHOPE Program.
7(Source: P.A. 100-465, eff. 8-31-17.)
 
8    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
9    Sec. 10-19. Length of school term - experimental programs.
10Each school board shall annually prepare a calendar for the
11school term, specifying the opening and closing dates and
12providing a minimum term of at least 185 days to insure 176
13days of actual pupil attendance or a minimum term of 880
14instructional clock hours, computable under Section 18-8.05 or
1518-8.15, except that for the 1980-1981 school year only 175
16days of actual pupil attendance shall be required because of
17the closing of schools pursuant to Section 24-2 on January 29,
181981 upon the appointment by the President of that day as a day
19of thanksgiving for the freedom of the Americans who had been
20held hostage in Iran. Any days allowed by law for teachers'
21institutes but not used as such or used as parental institutes
22as provided in Section 10-22.18d shall increase the minimum
23term by the school days not so used. Except as provided in
24Section 10-19.1, the board may not extend the school term
25beyond such closing date unless that extension of term is

 

 

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1necessary to provide the minimum number of computable days. In
2case of such necessary extension school employees shall be paid
3for such additional time on the basis of their regular
4contracts. A school board may specify a closing date earlier
5than that set on the annual calendar when the schools of the
6district have provided the minimum number of computable days
7under this Section. Nothing in this Section prevents the board
8from employing superintendents of schools, principals and
9other nonteaching personnel for a period of 12 months, or in
10the case of superintendents for a period in accordance with
11Section 10-23.8, or prevents the board from employing other
12personnel before or after the regular school term with payment
13of salary proportionate to that received for comparable work
14during the school term.
15    A school board may make such changes in its calendar for
16the school term as may be required by any changes in the legal
17school holidays prescribed in Section 24-2. A school board may
18make changes in its calendar for the school term as may be
19necessary to reflect the utilization of teachers' institute
20days as parental institute days as provided in Section
2110-22.18d.
22    The calendar for the school term and any changes must be
23submitted to and approved by the regional superintendent of
24schools before the calendar or changes may take effect.
25    With the prior approval of the State Board of Education and
26subject to review by the State Board of Education every 3

 

 

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1years, any school board may, by resolution of its board and in
2agreement with affected exclusive collective bargaining
3agents, establish experimental educational programs, including
4but not limited to programs for e-learning days as authorized
5under Section 10-20.56 of this Code, self-directed learning, or
6outside of formal class periods, which programs when so
7approved shall be considered to comply with the requirements of
8this Section as respects numbers of days of actual pupil
9attendance and with the other requirements of this Act as
10respects courses of instruction.
11(Source: P.A. 99-194, eff. 7-30-15; 100-465, eff. 8-31-17.)
 
12    (105 ILCS 5/13B-45)
13    Sec. 13B-45. Days and hours of attendance. An alternative
14learning opportunities program shall provide students with at
15least the minimum number of days of pupil attendance or minimum
16number of instructional clock hours required under Section
1710-19 of this Code and the minimum number of daily hours of
18school work required under Section 18-8.05 or 18-8.15 of this
19Code, provided that the State Board may approve exceptions to
20these requirements if the program meets all of the following
21conditions:
22        (1) The district plan submitted under Section
23    13B-25.15 of this Code establishes that a program providing
24    the required minimum number of days of attendance or daily
25    hours of school work would not serve the needs of the

 

 

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1    program's students.
2        (2) Each day of attendance shall provide no fewer than
3    3 clock hours of school work, as defined under paragraph
4    (1) of subsection (F) of Section 18-8.05 of this Code.
5        (3) Each day of attendance that provides fewer than 5
6    clock hours of school work shall also provide supplementary
7    services, including without limitation work-based
8    learning, student assistance programs, counseling, case
9    management, health and fitness programs, or life-skills or
10    conflict resolution training, in order to provide a total
11    daily program to the student of 5 clock hours. A program
12    may claim general State aid or evidence-based funding for
13    up to 2 hours of the time each day that a student is
14    receiving supplementary services.
15        (4) Each program shall provide no fewer than 174 days
16    of actual pupil attendance or no fewer than 880
17    instructional clock hours during the school term; however,
18    approved evening programs that meet the requirements of
19    Section 13B-45 of this Code may offer less than 174 days of
20    actual pupil attendance or less than 880 instructional
21    clock hours during the school term.
22(Source: P.A. 100-465, eff. 8-31-17.)
 
23    (105 ILCS 5/18-8.15)
24    Sec. 18-8.15. Evidence-based funding for student success
25for the 2017-2018 and subsequent school years.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    monitoring, formative, diagnostic, and other assessments,
2    in addition to the State accountability assessment, that
3    assist teachers' needs in understanding the skills and
4    meeting the needs of the students they serve.
5        "Assistant principal" means a school administrator
6    duly endorsed to be employed as an assistant principal in
7    this State.
8        "At-risk student" means a student who is at risk of not
9    meeting the Illinois Learning Standards or not graduating
10    from elementary or high school and who demonstrates a need
11    for vocational support or social services beyond that
12    provided by the regular school program. All students
13    included in an Organizational Unit's Low-Income Count, as
14    well as all English learner and disabled students attending
15    the Organizational Unit, shall be considered at-risk
16    students under this Section.
17        "Average Student Enrollment" or "ASE" for fiscal year
18    2018 means, for an Organizational Unit, the greater of the
19    average number of students (grades K through 12) reported
20    to the State Board as enrolled in the Organizational Unit
21    on October 1 in the immediately preceding school year, plus
22    the pre-kindergarten students who receive special
23    education services of 2 or more hours a day as reported to
24    the State Board on December 1 in the immediately preceding
25    school year, or the average number of students (grades K
26    through 12) reported to the State Board as enrolled in the

 

 

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1    Organizational Unit on October 1, plus the
2    pre-kindergarten students who receive special education
3    services of 2 or more hours a day as reported to the State
4    Board on December 1, for each of the immediately preceding
5    3 school years. For fiscal year 2019 and each subsequent
6    fiscal year, "Average Student Enrollment" or "ASE" means,
7    for an Organizational Unit, the greater of the average
8    number of students (grades K through 12) reported to the
9    State Board as enrolled in the Organizational Unit on
10    October 1 and March 1 in the immediately preceding school
11    year, plus the pre-kindergarten students who receive
12    special education services as reported to the State Board
13    on October 1 and March 1 in the immediately preceding
14    school year, or the average number of students (grades K
15    through 12) reported to the State Board as enrolled in the
16    Organizational Unit on October 1 and March 1, plus the
17    pre-kindergarten students who receive special education
18    services as reported to the State Board on October 1 and
19    March 1, for each of the immediately preceding 3 school
20    years. For the purposes of this definition, "enrolled in
21    the Organizational Unit" means the number of students
22    reported to the State Board who are enrolled in schools
23    within the Organizational Unit that the student attends or
24    would attend if not placed or transferred to another school
25    or program to receive needed services. For the purposes of
26    calculating "ASE", all students, grades K through 12,

 

 

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1    excluding those attending kindergarten for a half day,
2    shall be counted as 1.0. All students attending
3    kindergarten for a half day shall be counted as 0.5, unless
4    in 2017 by June 15 or by March 1 in subsequent years, the
5    school district reports to the State Board of Education the
6    intent to implement full-day kindergarten district-wide
7    for all students, then all students attending kindergarten
8    shall be counted as 1.0. Special education
9    pre-kindergarten students shall be counted as 0.5 each. If
10    the State Board does not collect or has not collected both
11    an October 1 and March 1 enrollment count by grade or a
12    December 1 collection of special education
13    pre-kindergarten students as of the effective date of this
14    amendatory Act of the 100th General Assembly, it shall
15    establish such collection for all future years. For any
16    year where a count by grade level was collected only once,
17    that count shall be used as the single count available for
18    computing a 3-year average ASE. School districts shall
19    submit the data for the ASE calculation to the State Board
20    within 45 days of the dates required in this Section for
21    submission of enrollment data in order for it to be
22    included in the ASE calculation. For fiscal year 2018 only,
23    the ASE calculation shall include only enrollment taken on
24    October 1.
25        "Base Funding Guarantee" is defined in paragraph (10)
26    of subsection (g) of this Section.

 

 

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1        "Base Funding Minimum" is defined in subsection (e) of
2    this Section.
3        "Base Tax Year" means the property tax levy year used
4    to calculate the Budget Year allocation of primary State
5    aid.
6        "Base Tax Year's Extension" means the product of the
7    equalized assessed valuation utilized by the county clerk
8    in the Base Tax Year multiplied by the limiting rate as
9    calculated by the county clerk and defined in PTELL.
10        "Bilingual Education Allocation" means the amount of
11    an Organizational Unit's final Adequacy Target
12    attributable to bilingual education divided by the
13    Organizational Unit's final Adequacy Target, the product
14    of which shall be multiplied by the amount of new funding
15    received pursuant to this Section. An Organizational
16    Unit's final Adequacy Target attributable to bilingual
17    education shall include all additional investments in
18    English learner students' adequacy elements.
19        "Budget Year" means the school year for which primary
20    State aid is calculated and awarded under this Section.
21        "Central office" means individual administrators and
22    support service personnel charged with managing the
23    instructional programs, business and operations, and
24    security of the Organizational Unit.
25        "Comparable Wage Index" or "CWI" means a regional cost
26    differentiation metric that measures systemic, regional

 

 

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1    variations in the salaries of college graduates who are not
2    educators. The CWI utilized for this Section shall, for the
3    first 3 years of Evidence-Based Funding implementation, be
4    the CWI initially developed by the National Center for
5    Education Statistics, as most recently updated by Texas A &
6    M University. In the fourth and subsequent years of
7    Evidence-Based Funding implementation, the State
8    Superintendent shall re-determine the CWI using a similar
9    methodology to that identified in the Texas A & M
10    University study, with adjustments made no less frequently
11    than once every 5 years.
12        "Computer technology and equipment" means computers
13    servers, notebooks, network equipment, copiers, printers,
14    instructional software, security software, curriculum
15    management courseware, and other similar materials and
16    equipment.
17        "Computer technology and equipment investment
18    allocation" means the final Adequacy Target amount of an
19    Organizational Unit assigned to Tier 1 or Tier 2 in the
20    prior school year attributable to the additional $285.50
21    per student computer technology and equipment investment
22    grant divided by the Organizational Unit's final Adequacy
23    Target, the result of which shall be multiplied by the
24    amount of new funding received pursuant to this Section. An
25    Organizational Unit assigned to a Tier 1 or Tier 2 final
26    Adequacy Target attributable to the received computer

 

 

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1    technology and equipment investment grant shall include
2    all additional investments in computer technology and
3    equipment adequacy elements.
4        "Core subject" means mathematics; science; reading,
5    English, writing, and language arts; history and social
6    studies; world languages; and subjects taught as Advanced
7    Placement in high schools.
8        "Core teacher" means a regular classroom teacher in
9    elementary schools and teachers of a core subject in middle
10    and high schools.
11        "Core Intervention teacher (tutor)" means a licensed
12    teacher providing one-on-one or small group tutoring to
13    students struggling to meet proficiency in core subjects.
14        "CPPRT" means corporate personal property replacement
15    tax funds paid to an Organizational Unit during the
16    calendar year one year before the calendar year in which a
17    school year begins, pursuant to "An Act in relation to the
18    abolition of ad valorem personal property tax and the
19    replacement of revenues lost thereby, and amending and
20    repealing certain Acts and parts of Acts in connection
21    therewith", certified August 14, 1979, as amended (Public
22    Act 81-1st S.S.-1).
23        "EAV" means equalized assessed valuation as defined in
24    paragraph (2) of subsection (d) of this Section and
25    calculated in accordance with paragraph (3) of subsection
26    (d) of this Section.

 

 

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1        "ECI" means the Bureau of Labor Statistics' national
2    employment cost index for civilian workers in educational
3    services in elementary and secondary schools on a
4    cumulative basis for the 12-month calendar year preceding
5    the fiscal year of the Evidence-Based Funding calculation.
6        "EIS Data" means the employment information system
7    data maintained by the State Board on educators within
8    Organizational Units.
9        "Employee benefits" means health, dental, and vision
10    insurance offered to employees of an Organizational Unit,
11    the costs associated with statutorily required payment of
12    the normal cost of the Organizational Unit's teacher
13    pensions, Social Security employer contributions, and
14    Illinois Municipal Retirement Fund employer contributions.
15        "English learner" or "EL" means a child included in the
16    definition of "English learners" under Section 14C-2 of
17    this Code participating in a program of transitional
18    bilingual education or a transitional program of
19    instruction meeting the requirements and program
20    application procedures of Article 14C of this Code. For the
21    purposes of collecting the number of EL students enrolled,
22    the same collection and calculation methodology as defined
23    above for "ASE" shall apply to English learners, with the
24    exception that EL student enrollment shall include
25    students in grades pre-kindergarten through 12.
26        "Essential Elements" means those elements, resources,

 

 

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1    and educational programs that have been identified through
2    academic research as necessary to improve student success,
3    improve academic performance, close achievement gaps, and
4    provide for other per student costs related to the delivery
5    and leadership of the Organizational Unit, as well as the
6    maintenance and operations of the unit, and which are
7    specified in paragraph (2) of subsection (b) of this
8    Section.
9        "Evidence-Based Funding" means State funding provided
10    to an Organizational Unit pursuant to this Section.
11        "Extended day" means academic and enrichment programs
12    provided to students outside the regular school day before
13    and after school or during non-instructional times during
14    the school day.
15        "Extension Limitation Ratio" means a numerical ratio
16    in which the numerator is the Base Tax Year's Extension and
17    the denominator is the Preceding Tax Year's Extension.
18        "Final Percent of Adequacy" is defined in paragraph (4)
19    of subsection (f) of this Section.
20        "Final Resources" is defined in paragraph (3) of
21    subsection (f) of this Section.
22        "Full-time equivalent" or "FTE" means the full-time
23    equivalency compensation for staffing the relevant
24    position at an Organizational Unit.
25        "Funding Gap" is defined in paragraph (1) of subsection
26    (g).

 

 

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1        "Guidance counselor" means a licensed guidance
2    counselor who provides guidance and counseling support for
3    students within an Organizational Unit.
4        "Hybrid District" means a partial elementary unit
5    district created pursuant to Article 11E of this Code.
6        "Instructional assistant" means a core or special
7    education, non-licensed employee who assists a teacher in
8    the classroom and provides academic support to students.
9        "Instructional facilitator" means a qualified teacher
10    or licensed teacher leader who facilitates and coaches
11    continuous improvement in classroom instruction; provides
12    instructional support to teachers in the elements of
13    research-based instruction or demonstrates the alignment
14    of instruction with curriculum standards and assessment
15    tools; develops or coordinates instructional programs or
16    strategies; develops and implements training; chooses
17    standards-based instructional materials; provides teachers
18    with an understanding of current research; serves as a
19    mentor, site coach, curriculum specialist, or lead
20    teacher; or otherwise works with fellow teachers, in
21    collaboration, to use data to improve instructional
22    practice or develop model lessons.
23        "Instructional materials" means relevant instructional
24    materials for student instruction, including, but not
25    limited to, textbooks, consumable workbooks, laboratory
26    equipment, library books, and other similar materials.

 

 

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1        "Laboratory School" means a public school that is
2    created and operated by a public university and approved by
3    the State Board.
4        "Librarian" means a teacher with an endorsement as a
5    library information specialist or another individual whose
6    primary responsibility is overseeing library resources
7    within an Organizational Unit.
8        "Limiting rate for Hybrid Districts" means the
9    combined elementary school and high school limited rates.
10        "Local Capacity" is defined in paragraph (1) of
11    subsection (c) of this Section.
12        "Local Capacity Percentage" is defined in subparagraph
13    (A) of paragraph (2) of subsection (c) of this Section.
14        "Local Capacity Ratio" is defined in subparagraph (B)
15    of paragraph (2) of subsection (c) of this Section.
16        "Local Capacity Target" is defined in paragraph (2) of
17    subsection (c) of this Section.
18        "Low-Income Count" means, for an Organizational Unit
19    in a fiscal year, the higher of the average number of
20    students for the prior school year or the immediately
21    preceding 3 school years who, as of July 1 of the
22    immediately preceding fiscal year (as determined by the
23    Department of Human Services), are eligible for at least
24    one of the following low income programs: Medicaid, the
25    Children's Health Insurance Program, TANF, or the
26    Supplemental Nutrition Assistance Program, excluding

 

 

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1    pupils who are eligible for services provided by the
2    Department of Children and Family Services. Until such time
3    that grade level low-income populations become available,
4    grade level low-income populations shall be determined by
5    applying the low-income percentage to total student
6    enrollments by grade level. The low-income percentage is
7    determined by dividing the Low-Income Count by the Average
8    Student Enrollment.
9        "Maintenance and operations" means custodial services,
10    facility and ground maintenance, facility operations,
11    facility security, routine facility repairs, and other
12    similar services and functions.
13        "Minimum Funding Level" is defined in paragraph (9) of
14    subsection (g) of this Section.
15        "New Property Tax Relief Pool Funds" means, for any
16    given fiscal year, all State funds appropriated under
17    Section 2-3.170 of the School Code.
18        "New State Funds" means, for a given school year, all
19    State funds appropriated for Evidence-Based Funding in
20    excess of the amount needed to fund the Base Funding
21    Minimum for all Organizational Units in that school year.
22        "Net State Contribution Target" means, for a given
23    school year, the amount of State funds that would be
24    necessary to fully meet the Adequacy Target of an
25    Operational Unit minus the Preliminary Resources available
26    to each unit.

 

 

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1        "Nurse" means an individual licensed as a certified
2    school nurse, in accordance with the rules established for
3    nursing services by the State Board, who is an employee of
4    and is available to provide health care-related services
5    for students of an Organizational Unit.
6        "Operating Tax Rate" means the rate utilized in the
7    previous year to extend property taxes for all purposes,
8    except, Bond and Interest, Summer School, Rent, Capital
9    Improvement, and Vocational Education Building purposes.
10    For Hybrid Districts, the Operating Tax Rate shall be the
11    combined elementary and high school rates utilized in the
12    previous year to extend property taxes for all purposes,
13    except, Bond and Interest, Summer School, Rent, Capital
14    Improvement, and Vocational Education Building purposes.
15        "Organizational Unit" means a Laboratory School or any
16    public school district that is recognized as such by the
17    State Board and that contains elementary schools typically
18    serving kindergarten through 5th grades, middle schools
19    typically serving 6th through 8th grades, or high schools
20    typically serving 9th through 12th grades. The General
21    Assembly acknowledges that the actual grade levels served
22    by a particular Organizational Unit may vary slightly from
23    what is typical.
24        "Organizational Unit CWI" is determined by calculating
25    the CWI in the region and original county in which an
26    Organizational Unit's primary administrative office is

 

 

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1    located as set forth in this paragraph, provided that if
2    the Organizational Unit CWI as calculated in accordance
3    with this paragraph is less than 0.9, the Organizational
4    Unit CWI shall be increased to 0.9. Each county's current
5    CWI value shall be adjusted based on the CWI value of that
6    county's neighboring Illinois counties, to create a
7    "weighted adjusted index value". This shall be calculated
8    by summing the CWI values of all of a county's adjacent
9    Illinois counties and dividing by the number of adjacent
10    Illinois counties, then taking the weighted value of the
11    original county's CWI value and the adjacent Illinois
12    county average. To calculate this weighted value, if the
13    number of adjacent Illinois counties is greater than 2, the
14    original county's CWI value will be weighted at 0.25 and
15    the adjacent Illinois county average will be weighted at
16    0.75. If the number of adjacent Illinois counties is 2, the
17    original county's CWI value will be weighted at 0.33 and
18    the adjacent Illinois county average will be weighted at
19    0.66. The greater of the county's current CWI value and its
20    weighted adjusted index value shall be used as the
21    Organizational Unit CWI.
22        "Preceding Tax Year" means the property tax levy year
23    immediately preceding the Base Tax Year.
24        "Preceding Tax Year's Extension" means the product of
25    the equalized assessed valuation utilized by the county
26    clerk in the Preceding Tax Year multiplied by the Operating

 

 

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1    Tax Rate.
2        "Preliminary Percent of Adequacy" is defined in
3    paragraph (2) of subsection (f) of this Section.
4        "Preliminary Resources" is defined in paragraph (2) of
5    subsection (f) of this Section.
6        "Principal" means a school administrator duly endorsed
7    to be employed as a principal in this State.
8        "Professional development" means training programs for
9    licensed staff in schools, including, but not limited to,
10    programs that assist in implementing new curriculum
11    programs, provide data focused or academic assessment data
12    training to help staff identify a student's weaknesses and
13    strengths, target interventions, improve instruction,
14    encompass instructional strategies for English learner,
15    gifted, or at-risk students, address inclusivity, cultural
16    sensitivity, or implicit bias, or otherwise provide
17    professional support for licensed staff.
18        "Prototypical" means 450 special education
19    pre-kindergarten and kindergarten through grade 5 students
20    for an elementary school, 450 grade 6 through 8 students
21    for a middle school, and 600 grade 9 through 12 students
22    for a high school.
23        "PTELL" means the Property Tax Extension Limitation
24    Law.
25        "PTELL EAV" is defined in paragraph (4) of subsection
26    (d) of this Section.

 

 

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1        "Pupil support staff" means a nurse, psychologist,
2    social worker, family liaison personnel, or other staff
3    member who provides support to at-risk or struggling
4    students.
5        "Real Receipts" is defined in paragraph (1) of
6    subsection (d) of this Section.
7        "Regionalization Factor" means, for a particular
8    Organizational Unit, the figure derived by dividing the
9    Organizational Unit CWI by the Statewide Weighted CWI.
10        "School site staff" means the primary school secretary
11    and any additional clerical personnel assigned to a school.
12        "Special education" means special educational
13    facilities and services, as defined in Section 14-1.08 of
14    this Code.
15        "Special Education Allocation" means the amount of an
16    Organizational Unit's final Adequacy Target attributable
17    to special education divided by the Organizational Unit's
18    final Adequacy Target, the product of which shall be
19    multiplied by the amount of new funding received pursuant
20    to this Section. An Organizational Unit's final Adequacy
21    Target attributable to special education shall include all
22    special education investment adequacy elements.
23        "Specialist teacher" means a teacher who provides
24    instruction in subject areas not included in core subjects,
25    including, but not limited to, art, music, physical
26    education, health, driver education, career-technical

 

 

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1    education, and such other subject areas as may be mandated
2    by State law or provided by an Organizational Unit.
3        "Specially Funded Unit" means an Alternative School,
4    safe school, Department of Juvenile Justice school,
5    special education cooperative or entity recognized by the
6    State Board as a special education cooperative,
7    State-approved charter school, or alternative learning
8    opportunities program that received direct funding from
9    the State Board during the 2016-2017 school year through
10    any of the funding sources included within the calculation
11    of the Base Funding Minimum or Glenwood Academy.
12        "Supplemental Grant Funding" means supplemental
13    general State aid funding received by an Organization Unit
14    during the 2016-2017 school year pursuant to subsection (H)
15    of Section 18-8.05 of this Code (now repealed).
16        "State Adequacy Level" is the sum of the Adequacy
17    Targets of all Organizational Units.
18        "State Board" means the State Board of Education.
19        "State Superintendent" means the State Superintendent
20    of Education.
21        "Statewide Weighted CWI" means a figure determined by
22    multiplying each Organizational Unit CWI times the ASE for
23    that Organizational Unit creating a weighted value,
24    summing all Organizational Unit's weighted values, and
25    dividing by the total ASE of all Organizational Units,
26    thereby creating an average weighted index.

 

 

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1        "Student activities" means non-credit producing
2    after-school programs, including, but not limited to,
3    clubs, bands, sports, and other activities authorized by
4    the school board of the Organizational Unit.
5        "Substitute teacher" means an individual teacher or
6    teaching assistant who is employed by an Organizational
7    Unit and is temporarily serving the Organizational Unit on
8    a per diem or per period-assignment basis replacing another
9    staff member.
10        "Summer school" means academic and enrichment programs
11    provided to students during the summer months outside of
12    the regular school year.
13        "Supervisory aide" means a non-licensed staff member
14    who helps in supervising students of an Organizational
15    Unit, but does so outside of the classroom, in situations
16    such as, but not limited to, monitoring hallways and
17    playgrounds, supervising lunchrooms, or supervising
18    students when being transported in buses serving the
19    Organizational Unit.
20        "Target Ratio" is defined in paragraph (4) of
21    subsection (g).
22        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
23    in paragraph (3) of subsection (g).
24        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
25    Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate
26    Funding" are defined in paragraph (1) of subsection (g).

 

 

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

 

 

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

 

 

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1        for every 200 combined ASE of pre-kindergarten
2        children with disabilities and all kindergarten
3        through grade 12 students of the Organizational Unit.
4            (D) Core intervention teacher (tutor) investments.
5        Each Organizational Unit shall receive the funding
6        needed to cover one FTE teacher position for each
7        prototypical elementary, middle, and high school.
8            (E) Substitute teacher investments. Each
9        Organizational Unit shall receive the funding needed
10        to cover substitute teacher costs that is equal to
11        5.70% of the minimum pupil attendance days or
12        instructional clock hours required under Section 10-19
13        of this Code for all full-time equivalent core,
14        specialist, and intervention teachers, school nurses,
15        special education teachers and instructional
16        assistants, instructional facilitators, and summer
17        school and extended-day teacher positions, as
18        determined under this paragraph (2), at a salary rate
19        of 33.33% of the average salary for grade K through 12
20        teachers and 33.33% of the average salary of each
21        instructional assistant position.
22            (F) Core guidance counselor investments. Each
23        Organizational Unit shall receive the funding needed
24        to cover one FTE guidance counselor for each 450
25        combined ASE of pre-kindergarten children with
26        disabilities and all kindergarten through grade 5

 

 

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1        students, plus one FTE guidance counselor for each 250
2        grades 6 through 8 ASE middle school students, plus one
3        FTE guidance counselor for each 250 grades 9 through 12
4        ASE high school students.
5            (G) Nurse investments. Each Organizational Unit
6        shall receive the funding needed to cover one FTE nurse
7        for each 750 combined ASE of pre-kindergarten children
8        with disabilities and all kindergarten through grade
9        12 students across all grade levels it serves.
10            (H) Supervisory aide investments. Each
11        Organizational Unit shall receive the funding needed
12        to cover one FTE for each 225 combined ASE of
13        pre-kindergarten children with disabilities and all
14        kindergarten through grade 5 students, plus one FTE for
15        each 225 ASE middle school students, plus one FTE for
16        each 200 ASE high school students.
17            (I) Librarian investments. Each Organizational
18        Unit shall receive the funding needed to cover one FTE
19        librarian for each prototypical elementary school,
20        middle school, and high school and one FTE aide or
21        media technician for every 300 combined ASE of
22        pre-kindergarten children with disabilities and all
23        kindergarten through grade 12 students.
24            (J) Principal investments. Each Organizational
25        Unit shall receive the funding needed to cover one FTE
26        principal position for each prototypical elementary

 

 

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

 

 

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1        materials.
2            (O) Instructional material investments. Each
3        Organizational Unit shall receive $190 per student of
4        the combined ASE of pre-kindergarten children with
5        disabilities and all kindergarten through grade 12
6        students to cover instructional material costs.
7            (P) Assessment investments. Each Organizational
8        Unit shall receive $25 per student of the combined ASE
9        of pre-kindergarten children with disabilities and all
10        kindergarten through grade 12 students student to
11        cover assessment costs.
12            (Q) Computer technology and equipment investments.
13        Each Organizational Unit shall receive $285.50 per
14        student of the combined ASE of pre-kindergarten
15        children with disabilities and all kindergarten
16        through grade 12 students to cover computer technology
17        and equipment costs. For the 2018-2019 school year and
18        subsequent school years, Organizational Units assigned
19        to Tier 1 and Tier 2 in the prior school year shall
20        receive an additional $285.50 per student of the
21        combined ASE of pre-kindergarten children with
22        disabilities and all kindergarten through grade 12
23        students to cover computer technology and equipment
24        costs in the Organization Unit's Adequacy Target. The
25        State Board may establish additional requirements for
26        Organizational Unit expenditures of funds received

 

 

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1        pursuant to this subparagraph (Q), including a
2        requirement that funds received pursuant to this
3        subparagraph (Q) may be used only for serving the
4        technology needs of the district. It is the intent of
5        this amendatory Act of the 100th General Assembly that
6        all Tier 1 and Tier 2 districts receive the addition to
7        their Adequacy Target in the following year, subject to
8        compliance with the requirements of the State Board.
9            (R) Student activities investments. Each
10        Organizational Unit shall receive the following
11        funding amounts to cover student activities: $100 per
12        kindergarten through grade 5 ASE student in elementary
13        school, plus $200 per ASE student in middle school,
14        plus $675 per ASE student in high school.
15            (S) Maintenance and operations investments. Each
16        Organizational Unit shall receive $1,038 per student
17        of the combined ASE of pre-kindergarten children with
18        disabilities and all kindergarten through grade 12 for
19        day-to-day maintenance and operations expenditures,
20        including salary, supplies, and materials, as well as
21        purchased services, but excluding employee benefits.
22        The proportion of salary for the application of a
23        Regionalization Factor and the calculation of benefits
24        is equal to $352.92.
25            (T) Central office investments. Each
26        Organizational Unit shall receive $742 per student of

 

 

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1        the combined ASE of pre-kindergarten children with
2        disabilities and all kindergarten through grade 12
3        students to cover central office operations, including
4        administrators and classified personnel charged with
5        managing the instructional programs, business and
6        operations of the school district, and security
7        personnel. The proportion of salary for the
8        application of a Regionalization Factor and the
9        calculation of benefits is equal to $368.48.
10            (U) Employee benefit investments. Each
11        Organizational Unit shall receive 30% of the total of
12        all salary-calculated elements of the Adequacy Target,
13        excluding substitute teachers and student activities
14        investments, to cover benefit costs. For central
15        office and maintenance and operations investments, the
16        benefit calculation shall be based upon the salary
17        proportion of each investment. If at any time the
18        responsibility for funding the employer normal cost of
19        teacher pensions is assigned to school districts, then
20        that amount certified by the Teachers' Retirement
21        System of the State of Illinois to be paid by the
22        Organizational Unit for the preceding school year
23        shall be added to the benefit investment. For any
24        fiscal year in which a school district organized under
25        Article 34 of this Code is responsible for paying the
26        employer normal cost of teacher pensions, then that

 

 

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1        amount of its employer normal cost plus the amount for
2        retiree health insurance as certified by the Public
3        School Teachers' Pension and Retirement Fund of
4        Chicago to be paid by the school district for the
5        preceding school year that is statutorily required to
6        cover employer normal costs and the amount for retiree
7        health insurance shall be added to the 30% specified in
8        this subparagraph (U). The Teachers' Retirement System
9        of the State of Illinois and the Public School
10        Teachers' Pension and Retirement Fund of Chicago shall
11        submit such information as the State Superintendent
12        may require for the calculations set forth in this
13        subparagraph (U).
14            (V) Additional investments in low-income students.
15        In addition to and not in lieu of all other funding
16        under this paragraph (2), each Organizational Unit
17        shall receive funding based on the average teacher
18        salary for grades K through 12 to cover the costs of:
19                (i) one FTE intervention teacher (tutor)
20            position for every 125 Low-Income Count students;
21                (ii) one FTE pupil support staff position for
22            every 125 Low-Income Count students;
23                (iii) one FTE extended day teacher position
24            for every 120 Low-Income Count students; and
25                (iv) one FTE summer school teacher position
26            for every 120 Low-Income Count students.

 

 

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1            (W) Additional investments in English learner
2        students. In addition to and not in lieu of all other
3        funding under this paragraph (2), each Organizational
4        Unit shall receive funding based on the average teacher
5        salary for grades K through 12 to cover the costs of:
6                (i) one FTE intervention teacher (tutor)
7            position for every 125 English learner students;
8                (ii) one FTE pupil support staff position for
9            every 125 English learner students;
10                (iii) one FTE extended day teacher position
11            for every 120 English learner students;
12                (iv) one FTE summer school teacher position
13            for every 120 English learner students; and
14                (v) one FTE core teacher position for every 100
15            English learner students.
16            (X) Special education investments. Each
17        Organizational Unit shall receive funding based on the
18        average teacher salary for grades K through 12 to cover
19        special education as follows:
20                (i) one FTE teacher position for every 141
21            combined ASE of pre-kindergarten children with
22            disabilities and all kindergarten through grade 12
23            students;
24                (ii) one FTE instructional assistant for every
25            141 combined ASE of pre-kindergarten children with
26            disabilities and all kindergarten through grade 12

 

 

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1            students; and
2                (iii) one FTE psychologist position for every
3            1,000 combined ASE of pre-kindergarten children
4            with disabilities and all kindergarten through
5            grade 12 students.
6        (3) For calculating the salaries included within the
7    Essential Elements, the State Superintendent shall
8    annually calculate average salaries to the nearest dollar
9    using the employment information system data maintained by
10    the State Board, limited to public schools only and
11    excluding special education and vocational cooperatives,
12    schools operated by the Department of Juvenile Justice, and
13    charter schools, for the following positions:
14            (A) Teacher for grades K through 8.
15            (B) Teacher for grades 9 through 12.
16            (C) Teacher for grades K through 12.
17            (D) Guidance counselor for grades K through 8.
18            (E) Guidance counselor for grades 9 through 12.
19            (F) Guidance counselor for grades K through 12.
20            (G) Social worker.
21            (H) Psychologist.
22            (I) Librarian.
23            (J) Nurse.
24            (K) Principal.
25            (L) Assistant principal.
26        For the purposes of this paragraph (3), "teacher"

 

 

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1    includes core teachers, specialist and elective teachers,
2    instructional facilitators, tutors, special education
3    teachers, pupil support staff teachers, English learner
4    teachers, extended-day teachers, and summer school
5    teachers. Where specific grade data is not required for the
6    Essential Elements, the average salary for corresponding
7    positions shall apply. For substitute teachers, the
8    average teacher salary for grades K through 12 shall apply.
9        For calculating the salaries included within the
10    Essential Elements for positions not included within EIS
11    Data, the following salaries shall be used in the first
12    year of implementation of Evidence-Based Funding:
13            (i) school site staff, $30,000; and
14            (ii) non-instructional assistant, instructional
15        assistant, library aide, library media tech, or
16        supervisory aide: $25,000.
17        In the second and subsequent years of implementation of
18    Evidence-Based Funding, the amounts in items (i) and (ii)
19    of this paragraph (3) shall annually increase by the ECI.
20        The salary amounts for the Essential Elements
21    determined pursuant to subparagraphs (A) through (L), (S)
22    and (T), and (V) through (X) of paragraph (2) of subsection
23    (b) of this Section shall be multiplied by a
24    Regionalization Factor.
25    (c) Local capacity calculation.
26        (1) Each Organizational Unit's Local Capacity

 

 

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1    represents an amount of funding it is assumed to contribute
2    toward its Adequacy Target for purposes of the
3    Evidence-Based Funding formula calculation. "Local
4    Capacity" means either (i) the Organizational Unit's Local
5    Capacity Target as calculated in accordance with paragraph
6    (2) of this subsection (c) if its Real Receipts are equal
7    to or less than its Local Capacity Target or (ii) the
8    Organizational Unit's Adjusted Local Capacity, as
9    calculated in accordance with paragraph (3) of this
10    subsection (c) if Real Receipts are more than its Local
11    Capacity Target.
12        (2) "Local Capacity Target" means, for an
13    Organizational Unit, that dollar amount that is obtained by
14    multiplying its Adequacy Target by its Local Capacity
15    Ratio.
16            (A) An Organizational Unit's Local Capacity
17        Percentage is the conversion of the Organizational
18        Unit's Local Capacity Ratio, as such ratio is
19        determined in accordance with subparagraph (B) of this
20        paragraph (2), into a cumulative distribution
21        resulting in a percentile ranking to determine each
22        Organizational Unit's relative position to all other
23        Organizational Units in this State. The calculation of
24        Local Capacity Percentage is described in subparagraph
25        (C) of this paragraph (2).
26            (B) An Organizational Unit's Local Capacity Ratio

 

 

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1        in a given year is the percentage obtained by dividing
2        its Adjusted EAV or PTELL EAV, whichever is less, by
3        its Adequacy Target, with the resulting ratio further
4        adjusted as follows:
5                (i) for Organizational Units serving grades
6            kindergarten through 12 and Hybrid Districts, no
7            further adjustments shall be made;
8                (ii) for Organizational Units serving grades
9            kindergarten through 8, the ratio shall be
10            multiplied by 9/13;
11                (iii) for Organizational Units serving grades
12            9 through 12, the Local Capacity Ratio shall be
13            multiplied by 4/13; and
14                (iv) for an Organizational Unit with a
15            different grade configuration than those specified
16            in items (i) through (iii) of this subparagraph
17            (B), the State Superintendent shall determine a
18            comparable adjustment based on the grades served.
19            (C) The Local Capacity Percentage is equal to the
20        percentile ranking of the district. Local Capacity
21        Percentage converts each Organizational Unit's Local
22        Capacity Ratio to a cumulative distribution resulting
23        in a percentile ranking to determine each
24        Organizational Unit's relative position to all other
25        Organizational Units in this State. The Local Capacity
26        Percentage cumulative distribution resulting in a

 

 

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1        percentile ranking for each Organizational Unit shall
2        be calculated using the standard normal distribution
3        of the score in relation to the weighted mean and
4        weighted standard deviation and Local Capacity Ratios
5        of all Organizational Units. If the value assigned to
6        any Organizational Unit is in excess of 90%, the value
7        shall be adjusted to 90%. For Laboratory Schools, the
8        Local Capacity Percentage shall be set at 10% in
9        recognition of the absence of EAV and resources from
10        the public university that are allocated to the
11        Laboratory School. The weighted mean for the Local
12        Capacity Percentage shall be determined by multiplying
13        each Organizational Unit's Local Capacity Ratio times
14        the ASE for the unit creating a weighted value, summing
15        the weighted values of all Organizational Units, and
16        dividing by the total ASE of all Organizational Units.
17        The weighted standard deviation shall be determined by
18        taking the square root of the weighted variance of all
19        Organizational Units' Local Capacity Ratio, where the
20        variance is calculated by squaring the difference
21        between each unit's Local Capacity Ratio and the
22        weighted mean, then multiplying the variance for each
23        unit times the ASE for the unit to create a weighted
24        variance for each unit, then summing all units'
25        weighted variance and dividing by the total ASE of all
26        units.

 

 

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1            (D) For any Organizational Unit, the
2        Organizational Unit's Adjusted Local Capacity Target
3        shall be reduced by either (i) the school board's
4        remaining contribution pursuant to paragraph (ii) of
5        subsection (b-4) of Section 16-158 of the Illinois
6        Pension Code in a given year, or (ii) the board of
7        education's remaining contribution pursuant to
8        paragraph (iv) of subsection (b) of Section 17-129 of
9        the Illinois Pension Code absent the employer normal
10        cost portion of the required contribution and amount
11        allowed pursuant to subdivision (3) of Section
12        17-142.1 of the Illinois Pension Code in a given year.
13        In the preceding sentence, item (i) shall be certified
14        to the State Board of Education by the Teachers'
15        Retirement System of the State of Illinois and item
16        (ii) shall be certified to the State Board of Education
17        by the Public School Teachers' Pension and Retirement
18        Fund of the City of Chicago.
19        (3) If an Organizational Unit's Real Receipts are more
20    than its Local Capacity Target, then its Local Capacity
21    shall equal an Adjusted Local Capacity Target as calculated
22    in accordance with this paragraph (3). The Adjusted Local
23    Capacity Target is calculated as the sum of the
24    Organizational Unit's Local Capacity Target and its Real
25    Receipts Adjustment. The Real Receipts Adjustment equals
26    the Organizational Unit's Real Receipts less its Local

 

 

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1    Capacity Target, with the resulting figure multiplied by
2    the Local Capacity Percentage.
3        As used in this paragraph (3), "Real Percent of
4    Adequacy" means the sum of an Organizational Unit's Real
5    Receipts, CPPRT, and Base Funding Minimum, with the
6    resulting figure divided by the Organizational Unit's
7    Adequacy Target.
8    (d) Calculation of Real Receipts, EAV, and Adjusted EAV for
9purposes of the Local Capacity calculation.
10        (1) An Organizational Unit's Real Receipts are the
11    product of its Applicable Tax Rate and its Adjusted EAV. An
12    Organizational Unit's Applicable Tax Rate is its Adjusted
13    Operating Tax Rate for property within the Organizational
14    Unit.
15        (2) The State Superintendent shall calculate the
16    Equalized Assessed Valuation, or EAV, of all taxable
17    property of each Organizational Unit as of September 30 of
18    the previous year in accordance with paragraph (3) of this
19    subsection (d). The State Superintendent shall then
20    determine the Adjusted EAV of each Organizational Unit in
21    accordance with paragraph (4) of this subsection (d), which
22    Adjusted EAV figure shall be used for the purposes of
23    calculating Local Capacity.
24        (3) To calculate Real Receipts and EAV, the Department
25    of Revenue shall supply to the State Superintendent the
26    value as equalized or assessed by the Department of Revenue

 

 

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1    of all taxable property of every Organizational Unit,
2    together with (i) the applicable tax rate used in extending
3    taxes for the funds of the Organizational Unit as of
4    September 30 of the previous year and (ii) the limiting
5    rate for all Organizational Units subject to property tax
6    extension limitations as imposed under PTELL.
7            (A) The Department of Revenue shall add to the
8        equalized assessed value of all taxable property of
9        each Organizational Unit situated entirely or
10        partially within a county that is or was subject to the
11        provisions of Section 15-176 or 15-177 of the Property
12        Tax Code (i) an amount equal to the total amount by
13        which the homestead exemption allowed under Section
14        15-176 or 15-177 of the Property Tax Code for real
15        property situated in that Organizational Unit exceeds
16        the total amount that would have been allowed in that
17        Organizational Unit if the maximum reduction under
18        Section 15-176 was (I) $4,500 in Cook County or $3,500
19        in all other counties in tax year 2003 or (II) $5,000
20        in all counties in tax year 2004 and thereafter and
21        (ii) an amount equal to the aggregate amount for the
22        taxable year of all additional exemptions under
23        Section 15-175 of the Property Tax Code for owners with
24        a household income of $30,000 or less. The county clerk
25        of any county that is or was subject to the provisions
26        of Section 15-176 or 15-177 of the Property Tax Code

 

 

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1        shall annually calculate and certify to the Department
2        of Revenue for each Organizational Unit all homestead
3        exemption amounts under Section 15-176 or 15-177 of the
4        Property Tax Code and all amounts of additional
5        exemptions under Section 15-175 of the Property Tax
6        Code for owners with a household income of $30,000 or
7        less. It is the intent of this subparagraph (A) that if
8        the general homestead exemption for a parcel of
9        property is determined under Section 15-176 or 15-177
10        of the Property Tax Code rather than Section 15-175,
11        then the calculation of EAV shall not be affected by
12        the difference, if any, between the amount of the
13        general homestead exemption allowed for that parcel of
14        property under Section 15-176 or 15-177 of the Property
15        Tax Code and the amount that would have been allowed
16        had the general homestead exemption for that parcel of
17        property been determined under Section 15-175 of the
18        Property Tax Code. It is further the intent of this
19        subparagraph (A) that if additional exemptions are
20        allowed under Section 15-175 of the Property Tax Code
21        for owners with a household income of less than
22        $30,000, then the calculation of EAV shall not be
23        affected by the difference, if any, because of those
24        additional exemptions.
25            (B) With respect to any part of an Organizational
26        Unit within a redevelopment project area in respect to

 

 

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1        which a municipality has adopted tax increment
2        allocation financing pursuant to the Tax Increment
3        Allocation Redevelopment Act, Division 74.4 of Article
4        11 of the Illinois Municipal Code, or the Industrial
5        Jobs Recovery Law, Division 74.6 of Article 11 of the
6        Illinois Municipal Code, no part of the current EAV of
7        real property located in any such project area which is
8        attributable to an increase above the total initial EAV
9        of such property shall be used as part of the EAV of
10        the Organizational Unit, until such time as all
11        redevelopment project costs have been paid, as
12        provided in Section 11-74.4-8 of the Tax Increment
13        Allocation Redevelopment Act or in Section 11-74.6-35
14        of the Industrial Jobs Recovery Law. For the purpose of
15        the EAV of the Organizational Unit, the total initial
16        EAV or the current EAV, whichever is lower, shall be
17        used until such time as all redevelopment project costs
18        have been paid.
19            (B-5) The real property equalized assessed
20        valuation for a school district shall be adjusted by
21        subtracting from the real property value, as equalized
22        or assessed by the Department of Revenue, for the
23        district an amount computed by dividing the amount of
24        any abatement of taxes under Section 18-170 of the
25        Property Tax Code by 3.00% for a district maintaining
26        grades kindergarten through 12, by 2.30% for a district

 

 

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1        maintaining grades kindergarten through 8, or by 1.05%
2        for a district maintaining grades 9 through 12 and
3        adjusted by an amount computed by dividing the amount
4        of any abatement of taxes under subsection (a) of
5        Section 18-165 of the Property Tax Code by the same
6        percentage rates for district type as specified in this
7        subparagraph (B-5).
8            (C) For Organizational Units that are Hybrid
9        Districts, the State Superintendent shall use the
10        lesser of the adjusted equalized assessed valuation
11        for property within the partial elementary unit
12        district for elementary purposes, as defined in
13        Article 11E of this Code, or the adjusted equalized
14        assessed valuation for property within the partial
15        elementary unit district for high school purposes, as
16        defined in Article 11E of this Code.
17        (4) An Organizational Unit's Adjusted EAV shall be the
18    average of its EAV over the immediately preceding 3 years
19    or its EAV in the immediately preceding year if the EAV in
20    the immediately preceding year has declined by 10% or more
21    compared to the 3-year average. In the event of
22    Organizational Unit reorganization, consolidation, or
23    annexation, the Organizational Unit's Adjusted EAV for the
24    first 3 years after such change shall be as follows: the
25    most current EAV shall be used in the first year, the
26    average of a 2-year EAV or its EAV in the immediately

 

 

HB4491- 53 -LRB101 09357 AXK 54453 b

1    preceding year if the EAV declines by 10% or more compared
2    to the 2-year average for the second year, and a 3-year
3    average EAV or its EAV in the immediately preceding year if
4    the adjusted EAV declines by 10% or more compared to the
5    3-year average for the third year. For any school district
6    whose EAV in the immediately preceding year is used in
7    calculations, in the following year, the Adjusted EAV shall
8    be the average of its EAV over the immediately preceding 2
9    years or the immediately preceding year if that year
10    represents a decline of 10% or more compared to the 2-year
11    average.
12        "PTELL EAV" means a figure calculated by the State
13    Board for Organizational Units subject to PTELL as
14    described in this paragraph (4) for the purposes of
15    calculating an Organizational Unit's Local Capacity Ratio.
16    Except as otherwise provided in this paragraph (4), the
17    PTELL EAV of an Organizational Unit shall be equal to the
18    product of the equalized assessed valuation last used in
19    the calculation of general State aid under Section 18-8.05
20    of this Code (now repealed) or Evidence-Based Funding under
21    this Section and the Organizational Unit's Extension
22    Limitation Ratio. If an Organizational Unit has approved or
23    does approve an increase in its limiting rate, pursuant to
24    Section 18-190 of the Property Tax Code, affecting the Base
25    Tax Year, the PTELL EAV shall be equal to the product of
26    the equalized assessed valuation last used in the

 

 

HB4491- 54 -LRB101 09357 AXK 54453 b

1    calculation of general State aid under Section 18-8.05 of
2    this Code (now repealed) or Evidence-Based Funding under
3    this Section multiplied by an amount equal to one plus the
4    percentage increase, if any, in the Consumer Price Index
5    for All Urban Consumers for all items published by the
6    United States Department of Labor for the 12-month calendar
7    year preceding the Base Tax Year, plus the equalized
8    assessed valuation of new property, annexed property, and
9    recovered tax increment value and minus the equalized
10    assessed valuation of disconnected property.
11        As used in this paragraph (4), "new property" and
12    "recovered tax increment value" shall have the meanings set
13    forth in the Property Tax Extension Limitation Law.
14    (e) Base Funding Minimum calculation.
15        (1) For the 2017-2018 school year, the Base Funding
16    Minimum of an Organizational Unit or a Specially Funded
17    Unit shall be the amount of State funds distributed to the
18    Organizational Unit or Specially Funded Unit during the
19    2016-2017 school year prior to any adjustments and
20    specified appropriation amounts described in this
21    paragraph (1) from the following Sections, as calculated by
22    the State Superintendent: Section 18-8.05 of this Code (now
23    repealed); Section 5 of Article 224 of Public Act 99-524
24    (equity grants); Section 14-7.02b of this Code (funding for
25    children requiring special education services); Section
26    14-13.01 of this Code (special education facilities and

 

 

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

 

 

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1    education orphanage expenditures, and free breakfast, as
2    most recently calculated and reported pursuant to
3    subsection (f) of Section 1D-1 of this Code. The Base
4    Funding Minimum for Glenwood Academy shall be $625,500.
5        (2) For the 2018-2019 and subsequent school years, the
6    Base Funding Minimum of Organizational Units and Specially
7    Funded Units shall be the sum of (i) the amount of
8    Evidence-Based Funding for the prior school year, (ii) the
9    Base Funding Minimum for the prior school year, and (iii)
10    any amount received by a school district pursuant to
11    Section 7 of Article 97 of Public Act 100-21.
12    (f) Percent of Adequacy and Final Resources calculation.
13        (1) The Evidence-Based Funding formula establishes a
14    Percent of Adequacy for each Organizational Unit in order
15    to place such units into tiers for the purposes of the
16    funding distribution system described in subsection (g) of
17    this Section. Initially, an Organizational Unit's
18    Preliminary Resources and Preliminary Percent of Adequacy
19    are calculated pursuant to paragraph (2) of this subsection
20    (f). Then, an Organizational Unit's Final Resources and
21    Final Percent of Adequacy are calculated to account for the
22    Organizational Unit's poverty concentration levels
23    pursuant to paragraphs (3) and (4) of this subsection (f).
24        (2) An Organizational Unit's Preliminary Resources are
25    equal to the sum of its Local Capacity Target, CPPRT, and
26    Base Funding Minimum. An Organizational Unit's Preliminary

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Organizational Units.
2        (8.5) If a school district withdraws from a special
3    education cooperative, the portion of the Base Funding
4    Minimum that is attributable to the school district may be
5    redistributed to the school district upon withdrawal. The
6    school district and the cooperative must include the amount
7    of the Base Funding Minimum that is to be re-apportioned in
8    their withdrawal agreement and notify the State Board of
9    the change with a copy of the agreement upon withdrawal.
10        (9) The Minimum Funding Level is intended to establish
11    a target for State funding that will keep pace with
12    inflation and continue to advance equity through the
13    Evidence-Based Funding formula. The target for State
14    funding of New Property Tax Relief Pool Funds is
15    $50,000,000 for State fiscal year 2019 and subsequent State
16    fiscal years. The Minimum Funding Level is equal to
17    $350,000,000. In addition to any New State Funds, no more
18    than $50,000,000 New Property Tax Relief Pool Funds may be
19    counted towards the Minimum Funding Level. If the sum of
20    New State Funds and applicable New Property Tax Relief Pool
21    Funds are less than the Minimum Funding Level, than funding
22    for tiers shall be reduced in the following manner:
23            (A) First, Tier 4 funding shall be reduced by an
24        amount equal to the difference between the Minimum
25        Funding Level and New State Funds until such time as
26        Tier 4 funding is exhausted.

 

 

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

 

 

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

 

 

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

 

 

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1    unit's Adequacy Target.
2        (4) Annually, the State Superintendent shall calculate
3    and report to each Organizational Unit the amount the unit
4    must expend on special education and bilingual education
5    and computer technology and equipment for Organizational
6    Units assigned to Tier 1 or Tier 2 that received an
7    additional $285.50 per student computer technology and
8    equipment investment grant to their Adequacy Target
9    pursuant to the unit's Base Funding Minimum, Special
10    Education Allocation, Bilingual Education Allocation, and
11    computer technology and equipment investment allocation.
12        (5) Moneys distributed under this Section shall be
13    calculated on a school year basis, but paid on a fiscal
14    year basis, with payments beginning in August and extending
15    through June. Unless otherwise provided, the moneys
16    appropriated for each fiscal year shall be distributed in
17    22 equal payments at least 2 times monthly to each
18    Organizational Unit. The State Board shall publish a yearly
19    distribution schedule at its meeting in June. If moneys
20    appropriated for any fiscal year are distributed other than
21    monthly, the distribution shall be on the same basis for
22    each Organizational Unit.
23        (6) Any school district that fails, for any given
24    school year, to maintain school as required by law or to
25    maintain a recognized school is not eligible to receive
26    Evidence-Based Funding. In case of non-recognition of one

 

 

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

 

 

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1        (9) All Organizational Units in this State must submit
2    annual spending plans by the end of September of each year
3    to the State Board as part of the annual budget process,
4    which shall describe how each Organizational Unit will
5    utilize the Base Minimum Funding and Evidence-Based
6    funding it receives from this State under this Section with
7    specific identification of the intended utilization of
8    Low-Income, English learner, and special education
9    resources. Additionally, the annual spending plans of each
10    Organizational Unit shall describe how the Organizational
11    Unit expects to achieve student growth and how the
12    Organizational Unit will achieve State education goals, as
13    defined by the State Board. The State Superintendent may,
14    from time to time, identify additional requisites for
15    Organizational Units to satisfy when compiling the annual
16    spending plans required under this subsection (h). The
17    format and scope of annual spending plans shall be
18    developed by the State Superintendent in conjunction with
19    the Professional Review Panel. School districts that serve
20    students under Article 14C of this Code shall continue to
21    submit information as required under Section 14C-12 of this
22    Code.
23        (10) No later than January 1, 2018, the State
24    Superintendent shall develop a 5-year strategic plan for
25    all Organizational Units to help in planning for adequacy
26    funding under this Section. The State Superintendent shall

 

 

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1    submit the plan to the Governor and the General Assembly,
2    as provided in Section 3.1 of the General Assembly
3    Organization Act. The plan shall include recommendations
4    for:
5            (A) a framework for collaborative, professional,
6        innovative, and 21st century learning environments
7        using the Evidence-Based Funding model;
8            (B) ways to prepare and support this State's
9        educators for successful instructional careers;
10            (C) application and enhancement of the current
11        financial accountability measures, the approved State
12        plan to comply with the federal Every Student Succeeds
13        Act, and the Illinois Balanced Accountability Measures
14        in relation to student growth and elements of the
15        Evidence-Based Funding model; and
16            (D) implementation of an effective school adequacy
17        funding system based on projected and recommended
18        funding levels from the General Assembly.
19    (i) Professional Review Panel.
20        (1) A Professional Review Panel is created to study and
21    review the implementation and effect of the Evidence-Based
22    Funding model under this Section and to recommend continual
23    recalibration and future study topics and modifications to
24    the Evidence-Based Funding model. The Panel shall elect a
25    chairperson and vice chairperson by a majority vote of the
26    Panel and shall advance recommendations based on a majority

 

 

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1    vote of the Panel. A minority opinion may also accompany
2    any recommendation of the majority of the Panel. The Panel
3    shall be appointed by the State Superintendent, except as
4    otherwise provided in paragraph (2) of this subsection (i)
5    and include the following members:
6            (A) Two appointees that represent district
7        superintendents, recommended by a statewide
8        organization that represents district superintendents.
9            (B) Two appointees that represent school boards,
10        recommended by a statewide organization that
11        represents school boards.
12            (C) Two appointees from districts that represent
13        school business officials, recommended by a statewide
14        organization that represents school business
15        officials.
16            (D) Two appointees that represent school
17        principals, recommended by a statewide organization
18        that represents school principals.
19            (E) Two appointees that represent teachers,
20        recommended by a statewide organization that
21        represents teachers.
22            (F) Two appointees that represent teachers,
23        recommended by another statewide organization that
24        represents teachers.
25            (G) Two appointees that represent regional
26        superintendents of schools, recommended by

 

 

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1        organizations that represent regional superintendents.
2            (H) Two independent experts selected solely by the
3        State Superintendent.
4            (I) Two independent experts recommended by public
5        universities in this State.
6            (J) One member recommended by a statewide
7        organization that represents parents.
8            (K) Two representatives recommended by collective
9        impact organizations that represent major metropolitan
10        areas or geographic areas in Illinois.
11            (L) One member from a statewide organization
12        focused on research-based education policy to support
13        a school system that prepares all students for college,
14        a career, and democratic citizenship.
15            (M) One representative from a school district
16        organized under Article 34 of this Code.
17        The State Superintendent shall ensure that the
18    membership of the Panel includes representatives from
19    school districts and communities reflecting the
20    geographic, socio-economic, racial, and ethnic diversity
21    of this State. The State Superintendent shall additionally
22    ensure that the membership of the Panel includes
23    representatives with expertise in bilingual education and
24    special education. Staff from the State Board shall staff
25    the Panel.
26        (2) In addition to those Panel members appointed by the

 

 

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1    State Superintendent, 4 members of the General Assembly
2    shall be appointed as follows: one member of the House of
3    Representatives appointed by the Speaker of the House of
4    Representatives, one member of the Senate appointed by the
5    President of the Senate, one member of the House of
6    Representatives appointed by the Minority Leader of the
7    House of Representatives, and one member of the Senate
8    appointed by the Minority Leader of the Senate. There shall
9    be one additional member appointed by the Governor. All
10    members appointed by legislative leaders or the Governor
11    shall be non-voting, ex officio members.
12        (3) On an annual basis, the State Superintendent shall
13    recalibrate the following per pupil elements of the
14    Adequacy Target and applied to the formulas, based on the
15    Panel's study of average expenses as reported in the most
16    recent annual financial report:
17            (A) gifted under subparagraph (M) of paragraph (2)
18        of subsection (b) of this Section;
19            (B) instructional materials under subparagraph (O)
20        of paragraph (2) of subsection (b) of this Section;
21            (C) assessment under subparagraph (P) of paragraph
22        (2) of subsection (b) of this Section;
23            (D) student activities under subparagraph (R) of
24        paragraph (2) of subsection (b) of this Section;
25            (E) maintenance and operations under subparagraph
26        (S) of paragraph (2) of subsection (b) of this Section;

 

 

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1        and
2            (F) central office under subparagraph (T) of
3        paragraph (2) of subsection (b) of this Section.
4        (4) On a periodic basis, the Panel shall study all the
5    following elements and make recommendations to the State
6    Board, the General Assembly, and the Governor for
7    modification of this Section:
8            (A) The format and scope of annual spending plans
9        referenced in paragraph (9) of subsection (h) of this
10        Section.
11            (B) The Comparable Wage Index under this Section,
12        to be studied by the Panel and reestablished by the
13        State Superintendent every 5 years.
14            (C) Maintenance and operations. Within 5 years
15        after the implementation of this Section, the Panel
16        shall make recommendations for the further study of
17        maintenance and operations costs, including capital
18        maintenance costs, and recommend any additional
19        reporting data required from Organizational Units.
20            (D) "At-risk student" definition. Within 5 years
21        after the implementation of this Section, the Panel
22        shall make recommendations for the further study and
23        determination of an "at-risk student" definition.
24        Within 5 years after the implementation of this
25        Section, the Panel shall evaluate and make
26        recommendations regarding adequate funding for poverty

 

 

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1        concentration under the Evidence-Based Funding model.
2            (E) Benefits. Within 5 years after the
3        implementation of this Section, the Panel shall make
4        recommendations for further study of benefit costs.
5            (F) Technology. The per pupil target for
6        technology shall be reviewed every 3 years to determine
7        whether current allocations are sufficient to develop
8        21st century learning in all classrooms in this State
9        and supporting a one-to-one technological device
10        program in each school. Recommendations shall be made
11        no later than 3 years after the implementation of this
12        Section.
13            (G) Local Capacity Target. Within 3 years after the
14        implementation of this Section, the Panel shall make
15        recommendations for any additional data desired to
16        analyze possible modifications to the Local Capacity
17        Target, to be based on measures in addition to solely
18        EAV and to be completed within 5 years after
19        implementation of this Section.
20            (H) Funding for Alternative Schools, Laboratory
21        Schools, safe schools, and alternative learning
22        opportunities programs. By the beginning of the
23        2021-2022 school year, the Panel shall study and make
24        recommendations regarding the funding levels for
25        Alternative Schools, Laboratory Schools, safe schools,
26        and alternative learning opportunities programs in

 

 

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1        this State.
2            (I) Funding for college and career acceleration
3        strategies. By the beginning of the 2021-2022 school
4        year, the Panel shall study and make recommendations
5        regarding funding levels to support college and career
6        acceleration strategies in high school that have been
7        demonstrated to result in improved secondary and
8        postsecondary outcomes, including Advanced Placement,
9        dual-credit opportunities, and college and career
10        pathway systems.
11            (J) Special education investments. By the
12        beginning of the 2021-2022 school year, the Panel shall
13        study and make recommendations on whether and how to
14        account for disability types within the special
15        education funding category.
16            (K) Early childhood investments. In collaboration
17        with the Illinois Early Learning Council, the Panel
18        shall include an analysis of what level of Preschool
19        for All Children funding would be necessary to serve
20        all children ages 0 through 5 years in the
21        highest-priority service tier, as specified in
22        paragraph (4.5) of subsection (a) of Section 2-3.71 of
23        this Code, and an analysis of the potential cost
24        savings that that level of Preschool for All Children
25        investment would have on the kindergarten through
26        grade 12 system.

 

 

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1        (5) Within 5 years after the implementation of this
2    Section, the Panel shall complete an evaluative study of
3    the entire Evidence-Based Funding model, including an
4    assessment of whether or not the formula is achieving State
5    goals. The Panel shall report to the State Board, the
6    General Assembly, and the Governor on the findings of the
7    study.
8        (6) Within 3 years after the implementation of this
9    Section, the Panel shall evaluate and provide
10    recommendations to the Governor and the General Assembly on
11    the hold-harmless provisions of this Section found in the
12    Base Funding Minimum.
13    (j) References. Beginning July 1, 2017, references in other
14laws to general State aid funds or calculations under Section
1518-8.05 of this Code (now repealed) shall be deemed to be
16references to evidence-based model formula funds or
17calculations under this Section.
18(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;
19100-582, eff. 3-23-18.)
 
20    (105 ILCS 5/24-1)  (from Ch. 122, par. 24-1)
21    Sec. 24-1. Appointment-Salaries-Payment-School
22month-School term.) School boards shall appoint all teachers,
23determine qualifications of employment and fix the amount of
24their salaries subject to limitation set forth in this Code
25Act. They shall pay the wages of teachers monthly, subject,

 

 

HB4491- 77 -LRB101 09357 AXK 54453 b

1however, to the provisions of Section 24-21. The school month
2shall be the same as the calendar month but by resolution the
3school board may adopt for its use a month of 20 days,
4including holidays. The school term shall consist of at least
5the minimum number of pupil attendance days or minimum number
6of instructional clock hours required by Section 10-19, any
7additional legal school holidays, days of teachers'
8institutes, or equivalent professional educational
9experiences, and one or 2 two days at the beginning of the
10school term when used as a teachers' workshop.
11(Source: P.A. 80-249.)