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1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Building Authority Act is amended by
5 changing Sections 3, 4, 5, and 9 as follows:
 
6     (20 ILCS 3110/3)  (from Ch. 127, par. 213.3)
7     Sec. 3. Duties. The Authority shall make thorough and
8 continuous studies and investigations of the following
9 building needs of the State of Illinois as they may from time
10 to time develop:
11     (a) Office structures, recreational facilities, fixed
12 equipment of any kind, electric, gas, steam, water and sewer
13 utilities, motor parking facilities, hospitals, penitentiaries
14 and facilities of every kind and character, other than movable
15 equipment, considered by the Authority necessary or convenient
16 for the efficient operation of any unit which is used by any
17 officer, department, board, commission or other agency of the
18 State.
19     (b) Buildings and other facilities intended for use as
20 classrooms, laboratories, libraries, student residence halls,
21 instructional and administrative facilities for students,
22 faculty, officers, and employees, and motor vehicle parking
23 facilities and fixed equipment for any institution or unit
24 under the control of the Board of Trustees of the University of
25 Illinois, the Board of Trustees of Southern Illinois
26 University, the Board of Trustees of Chicago State University,
27 the Board of Trustees of Eastern Illinois University, the Board
28 of Trustees of Governors State University, the Board of
29 Trustees of Illinois State University, the Board of Trustees of
30 Northeastern Illinois University, the Board of Trustees of
31 Northern Illinois University, the Board of Trustees of Western
32 Illinois University, the School Building Commission or any

 

 

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1 public community college district board.
2     (c) School sites, buildings and fixed equipment to meet the
3 needs of school districts unable to provide such facilities
4 because of lack of funds and constitutional bond limitations,
5 whenever any General Assembly has declared the acquisition of
6 sites, construction of buildings and installation of fixed
7 equipment for such school districts to be in the public
8 interest, and allocations of said declarations shall be made as
9 provided in Section 5 of this Act.
10     Whenever the General Assembly declares by law that it is in
11 the public interest for the Authority to acquire any real
12 estate, construct, complete and remodel buildings, and install
13 fixed equipment in buildings and other facilities for public
14 community college districts, or for school districts that
15 qualify under Article 35 of The School Code, as amended or as
16 may hereafter be amended, the amount of any declaration to be
17 allocated to any public community college district shall be
18 determined by the Illinois Community College Board, and the
19 amount of any declaration to be allocated to any School
20 District qualifying under Article 35 of The School Code shall
21 be determined by the School Building Commission, unless
22 otherwise provided by law.
23 (Source: P.A. 89-4, eff. 1-1-96.)
 
24     (20 ILCS 3110/4)  (from Ch. 127, par. 213.4)
25     Sec. 4. Any department, board, commission, agency or
26 officer of this State or the Board of Trustees of the
27 University of Illinois, the Board of Trustees of Southern
28 Illinois University, the Board of Trustees of Chicago State
29 University, the Board of Trustees of Eastern Illinois
30 University, the Board of Trustees of Governors State
31 University, the Board of Trustees of Illinois State University,
32 the Board of Trustees of Northeastern Illinois University, the
33 Board of Trustees of Northern Illinois University, the Board of
34 Trustees of Western Illinois University, the School Building
35 Commission, or any public community college district board, may

 

 

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1 transfer jurisdiction of or title to any property under its or
2 his control to the Authority when such transfer is approved in
3 writing by the Governor as being advantageous to the State.
4 (Source: P.A. 89-4, eff. 1-1-96.)
 
5     (20 ILCS 3110/5)  (from Ch. 127, par. 213.5)
6     Sec. 5. Powers. To accomplish projects of the kind listed
7 in Section 3 above, the Authority shall possess the following
8 powers:
9     (a) Acquire by purchase or otherwise (including the power
10 of condemnation in the manner provided for the exercise of the
11 right of eminent domain under Article VII of the Code of Civil
12 Procedure, as amended), construct, complete, remodel and
13 install fixed equipment in any and all buildings and other
14 facilities as the General Assembly by law declares to be in the
15 public interest.
16     Whenever the General Assembly has by law declared it to be
17 in the public interest for the Authority to acquire any real
18 estate, construct, complete, remodel and install fixed
19 equipment in buildings and other facilities for public
20 community college districts, the Director of the Department of
21 Central Management Services shall, when requested by any such
22 public community college district board, enter into a lease by
23 and on behalf of and for the use of such public community
24 college district board to the extent appropriations have been
25 made by the General Assembly to pay the rents under the terms
26 of such lease.
27     In the course of such activities, acquire property of any
28 and every kind and description, whether real, personal or
29 mixed, by gift, purchase or otherwise. It may also acquire real
30 estate of the State of Illinois controlled by any officer,
31 department, board, commission, or other agency of the State, or
32 the Board of Trustees of the University of Illinois, the Board
33 of Trustees of Southern Illinois University, the Board of
34 Trustees of Chicago State University, the Board of Trustees of
35 Eastern Illinois University, the Board of Trustees of Governors

 

 

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1 State University, the Board of Trustees of Illinois State
2 University, the Board of Trustees of Northeastern Illinois
3 University, the Board of Trustees of Northern Illinois
4 University, the Board of Trustees of Western Illinois
5 University, the School Building Commission or any public
6 community college district board, the jurisdiction of which is
7 transferred by such officer, department, board, commission, or
8 other agency, or the Board of Trustees of Southern Illinois
9 University, the Board of Trustees of Chicago State University,
10 the Board of Trustees of Eastern Illinois University, the Board
11 of Trustees of Governors State University, the Board of
12 Trustees of Illinois State University, the Board of Trustees of
13 Northeastern Illinois University, the Board of Trustees of
14 Northern Illinois University, the Board of Trustees of Western
15 Illinois University, or the School Building Commission or any
16 public community college district board, to the Authority. The
17 Board of Trustees of the University of Illinois, the Board of
18 Trustees of Southern Illinois University, the Board of Trustees
19 of Chicago State University, the Board of Trustees of Eastern
20 Illinois University, the Board of Trustees of Governors State
21 University, the Board of Trustees of Illinois State University,
22 the Board of Trustees of Northeastern Illinois University, the
23 Board of Trustees of Northern Illinois University, the Board of
24 Trustees of Western Illinois University, or the School Building
25 Commission and any public community college district board,
26 respectively, shall prepare plans and specifications for and
27 have supervision over any project to be undertaken by the
28 Authority for their use. Before any other particular
29 construction is undertaken, plans and specifications shall be
30 approved by the lessee provided for under (b) below, except as
31 indicated above.
32     (b) Execute leases of facilities and sites to, and charge
33 for the use of any such facilities and sites by, any officer,
34 department, board, commission or other agency of the State of
35 Illinois, or the Director of the Department of Central
36 Management Services when the Director is requested to, by and

 

 

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1 on behalf of, or for the use of, any officer, department,
2 board, commission or other agency of the State of Illinois, or
3 by the Board of Trustees of the University of Illinois, the
4 Board of Trustees of Southern Illinois University, the Board of
5 Trustees of Chicago State University, the Board of Trustees of
6 Eastern Illinois University, the Board of Trustees of Governors
7 State University, the Board of Trustees of Illinois State
8 University, the Board of Trustees of Northeastern Illinois
9 University, the Board of Trustees of Northern Illinois
10 University, the Board of Trustees of Western Illinois
11 University, or the School Building Commission or any public
12 community college district board. Such leases may be entered
13 into contemporaneously with any financing to be done by the
14 Authority and payments under the terms of the lease shall begin
15 at any time after execution of any such lease.
16     (c) In the event of non-payment of rents reserved in such
17 leases, maintain and operate such facilities and sites or
18 execute leases thereof to others for any suitable purposes.
19 Such leases to the officers, departments, boards, commissions,
20 other agencies, the respective Boards of Trustees,, or the
21 School Building Commission or any public community college
22 district board shall contain the provision that rents under
23 such leases shall be payable solely from appropriations to be
24 made by the General Assembly for the payment of such rent and
25 any revenues derived from the operation of the leased premises.
26     (d) Borrow money and issue and sell bonds in such amount or
27 amounts as the Authority may determine for the purpose of
28 acquiring, constructing, completing or remodeling, or putting
29 fixed equipment in any such facility; refund and refinance the
30 same from time to time as often as advantageous and in the
31 public interest to do so; and pledge any and all income of such
32 Authority, and any revenues derived from such facilities, or
33 any combination thereof, to secure the payment of such bonds
34 and to redeem such bonds. All such bonds are subject to the
35 provisions of Section 6 of this Act.
36     In addition to the permanent financing authorized by

 

 

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1 Sections 5 and 6 of this Act, the Illinois Building Authority
2 may borrow money and issue interim notes in evidence thereof
3 for any of the projects, or to perform any of the duties
4 authorized under this Act, and in addition may borrow money and
5 issue interim notes for planning, architectural and
6 engineering, acquisition of land, and purchase of fixed
7 equipment as follows:
8         1. Whenever the Authority considers it advisable and in
9     the interests of the Authority to borrow funds temporarily
10     for any of the purposes enumerated in this Section, the
11     Authority may from time to time, and pursuant to
12     appropriate resolution, issue interim notes to evidence
13     such borrowings including funds for the payment of interest
14     on such borrowings and funds for all necessary and
15     incidental expenses in connection with any of the purposes
16     provided for by this Section and this Act until the date of
17     the permanent financing. Any resolution authorizing the
18     issuance of such notes shall describe the project to be
19     undertaken and shall specify the principal amount, rate of
20     interest (not exceeding the maximum rate authorized by the
21     Bond Authorization Act, as amended at the time of the
22     making of the contract,) and maturity date, but not to
23     exceed 5 years from date of issue, and such other terms as
24     may be specified in such resolution; however, time of
25     payment of any such notes may be extended for a period of
26     not exceeding 3 years from the maturity date thereof.
27         The Authority may provide for the registration of the
28     notes in the name of the owner either as to principal
29     alone, or as to both principal and interest, on such terms
30     and conditions as the Authority may determine by the
31     resolution authorizing their issue. The notes shall be
32     issued from time to time by the Authority as funds are
33     borrowed, in the manner the Authority may determine.
34     Interest on the notes may be made payable semiannually,
35     annually or at maturity. The notes may be made redeemable,
36     prior to maturity, at the option of the Authority, in the

 

 

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1     manner and upon the terms fixed by the resolution
2     authorizing their issuance. The notes may be executed in
3     the name of the Authority by the Chairman of the Authority
4     or by any other officer or officers of the Authority as the
5     Authority by resolution may direct, shall be attested by
6     the Secretary or such other officer or officers of the
7     Authority as the Authority may by resolution direct, and be
8     sealed with the Authority's corporate seal. All such notes
9     and the interest thereon may be secured by a pledge of any
10     income and revenue derived by the Authority from the
11     project to be undertaken with the proceeds of the notes and
12     shall be payable solely from such income and revenue and
13     from the proceeds to be derived from the sale of any
14     revenue bonds for permanent financing authorized to be
15     issued under Sections 5 and 6 of this Act, and from the
16     property acquired with the proceeds of the notes.
17         Contemporaneously with the issue of revenue bonds as
18     provided by this Act, all interim notes, even though they
19     may not then have matured, shall be paid, both principal
20     and interest to date of payment, from the funds derived
21     from the sale of revenue bonds for the permanent financing
22     and such interim notes shall be surrendered and canceled.
23         2. The Authority, in order further to secure the
24     payment of the interim notes, is, in addition to the
25     foregoing, authorized and empowered to make any other or
26     additional covenants, terms and conditions not
27     inconsistent with the provisions of subparagraph (a) of
28     this Section, and do any and all acts and things as may be
29     necessary or convenient or desirable in order to secure
30     payment of its interim notes, or in the discretion of the
31     Authority, as will tend to make the interim notes more
32     acceptable to lenders, notwithstanding that the covenants,
33     acts or things may not be enumerated herein; however,
34     nothing contained in this subparagraph shall authorize the
35     Authority to secure the payment of the interim notes out of
36     property or facilities, other than the facilities acquired

 

 

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1     with the proceeds of the interim notes, and any net income
2     and revenue derived from the facilities and the proceeds of
3     revenue bonds as hereinabove provided.
4     (e) Convey property, without charge, to the State or to the
5 appropriate corporate agency of the State or to any public
6 community college district board if and when all debts which
7 have been secured by the income from such property have been
8 paid.
9     (f) Enter into contracts regarding any matter connected
10 with any corporate purpose within the objects and purposes of
11 this Act.
12     (g) Employ agents and employees necessary to carry out the
13 duties and purposes of the Authority.
14     (h) Adopt all necessary by-laws, rules and regulations for
15 the conduct of the business and affairs of the Authority, and
16 for the management and use of facilities and sites acquired
17 under the powers granted by this Act.
18     (i) Have and use a common seal and alter the same at
19 pleasure.
20     The Interim notes shall constitute State debt of the State
21 of Illinois within the meaning of any of the provisions of the
22 Constitution and statutes of the State of Illinois.
23     No member, officer, agent or employee of the Authority, nor
24 any other person who executes interim notes, shall be liable
25 personally by reason of the issuance thereof.
26     With respect to instruments for the payment of money issued
27 under this Section either before, on, or after the effective
28 date of this amendatory Act of 1989, it is and always has been
29 the intention of the General Assembly (i) that the Omnibus Bond
30 Acts are and always have been supplementary grants of power to
31 issue instruments in accordance with the Omnibus Bond Acts,
32 regardless of any provision of this Act that may appear to be
33 or to have been more restrictive than those Acts, (ii) that the
34 provisions of this Section are not a limitation on the
35 supplementary authority granted by the Omnibus Bond Acts, and
36 (iii) that instruments issued under this Section within the

 

 

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1 supplementary authority granted by the Omnibus Bond Acts are
2 not invalid because of any provision of this Act that may
3 appear to be or to have been more restrictive than those Acts.
4 (Source: P.A. 89-4, eff. 1-1-96.)
 
5     (20 ILCS 3110/9)  (from Ch. 127, par. 213.9)
6     Sec. 9. Limitation on disbursements. The Authority shall
7 keep account of the gross total income derived from each
8 separate project or any combination thereof undertaken
9 pursuant to this Act. Disbursements from a given account in The
10 Public Building Fund shall be ordered by the Authority only for
11 the payment of (1) the principal of and interest on the bonds
12 issued for each project, or combination thereof, and (2) any
13 other purposes set forth in the resolution authorizing the
14 issuance of such bonds.
15     An accurate record shall be kept of the rental payments
16 under each lease entered into by the Authority and any officer,
17 department, board, commission or other agency of the State of
18 Illinois, the Director of the Department of Central Management
19 Services, the Board of Trustees of the University of Illinois,
20 the Board of Trustees of Southern Illinois University, the
21 Board of Trustees of Chicago State University, the Board of
22 Trustees of Eastern Illinois University, the Board of Trustees
23 of Governors State University, the Board of Trustees of
24 Illinois State University, the Board of Trustees of
25 Northeastern Illinois University, the Board of Trustees of
26 Northern Illinois University, the Board of Trustees of Western
27 Illinois University, the School Building Commission, or any
28 public community college district board, and when the rentals
29 applicable to each project or facility, or any combination
30 thereof, constructed, completed, remodeled, maintained and
31 equipped, have been paid in (1) amounts sufficient to amortize
32 and pay the principal of and interest upon the total principal
33 amount of bonds of the Authority issued to pay the cost of each
34 project or facility, including maintenance and operation
35 expenses and that proportion of the administrative expense of

 

 

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1 the Authority as provided for by each lease, or (2) amounts
2 which when invested in direct obligations of the United States
3 of America are, together with earnings thereon, sufficient to
4 amortize and pay the principal of and interest upon the total
5 principal amount of bonds of the Authority issued to pay the
6 cost of each project or facility, including maintenance and
7 operation expenses and that proportion of the administrative
8 expense of the Authority as provided for by each lease, the
9 property shall be conveyed without charge to the lessee.
10 (Source: P.A. 89-4, eff. 1-1-96.)
 
11     Section 10. The State Finance Act is amended by changing
12 Section 8a as follows:
 
13     (30 ILCS 105/8a)   (from Ch. 127, par. 144a)
14     Sec. 8a. Common School Fund; transfers to Common School
15 Fund and Education Assistance Fund.
16     (a) Except as provided in subsection (b) of this Section
17 and except as otherwise provided in this subsection (a) with
18 respect to amounts transferred from the General Revenue Fund to
19 the Common School Fund for distribution therefrom for the
20 benefit of the Teachers' Retirement System of the State of
21 Illinois and the Public School Teachers' Pension and Retirement
22 Fund of Chicago:
23         (1) With respect to all school districts, for each
24     fiscal year other than fiscal year 1994, on or before the
25     eleventh and twenty-first days of each of the months of
26     August through the following July, at a time or times
27     designated by the Governor, the State Treasurer and the
28     State Comptroller shall transfer from the General Revenue
29     Fund to the Common School Fund and Education Assistance
30     Fund, as appropriate, 1/24 or so much thereof as may be
31     necessary of the amount appropriated to the State Board of
32     Education for distribution to all school districts from
33     such Common School Fund and Education Assistance Fund, for
34     the fiscal year, including interest on the School Fund

 

 

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1     proportionate for that distribution for such year.
2         (2) With respect to all school districts, but for
3     fiscal year 1994 only, on the 11th day of August, 1993 and
4     on or before the 11th and 21st days of each of the months
5     of October, 1993 through July, 1994 at a time or times
6     designated by the Governor, the State Treasurer and the
7     State Comptroller shall transfer from the General Revenue
8     Fund to the Common School Fund 1/24 or so much thereof as
9     may be necessary of the amount appropriated to the State
10     Board of Education for distribution to all school districts
11     from such Common School Fund, for fiscal year 1994,
12     including interest on the School Fund proportionate for
13     that distribution for such year; and on or before the 21st
14     day of August, 1993 at a time or times designated by the
15     Governor, the State Treasurer and the State Comptroller
16     shall transfer from the General Revenue Fund to the Common
17     School Fund 3/24 or so much thereof as may be necessary of
18     the amount appropriated to the State Board of Education for
19     distribution to all school districts from the Common School
20     Fund, for fiscal year 1994, including interest
21     proportionate for that distribution on the School Fund for
22     such fiscal year.
23     The amounts of the payments made in July of each year: (i)
24 shall be considered an outstanding liability as of the 30th day
25 of June immediately preceding those July payments, within the
26 meaning of Section 25 of this Act; (ii) shall be payable from
27 the appropriation for the fiscal year that ended on that 30th
28 day of June; and (iii) shall be considered payments for claims
29 covering the school year that commenced during the immediately
30 preceding calendar year.
31     Notwithstanding the foregoing provisions of this
32 subsection, as soon as may be after the 10th and 20th days of
33 each of the months of August through May, 1/24, and on or as
34 soon as may be after the 10th and 20th days of June, 1/12 of the
35 annual amount appropriated to the State Board of Education for
36 distribution and payment during that fiscal year from the

 

 

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1 Common School Fund to and for the benefit of the Teachers'
2 Retirement System of the State of Illinois (until the end of
3 State fiscal year 1995) and the Public School Teachers' Pension
4 and Retirement Fund of Chicago as provided by the Illinois
5 Pension Code and Section 18-7 of the School Code, or so much
6 thereof as may be necessary, shall be transferred by the State
7 Treasurer and the State Comptroller from the General Revenue
8 Fund to the Common School Fund to permit semi-monthly payments
9 from the Common School Fund to and for the benefit of such
10 teacher retirement systems as required by Section 18-7 of the
11 School Code.
12     Notwithstanding the other provisions of this Section, on or
13 as soon as may be after the 15th day of each month, beginning
14 in July of 1995, 1/12 of the annual amount appropriated for
15 that fiscal year from the Common School Fund to the Teachers'
16 Retirement System of the State of Illinois (other than amounts
17 appropriated under Section 1.1 of the State Pension Funds
18 Continuing Appropriation Act), or so much thereof as may be
19 necessary, shall be transferred by the State Treasurer and the
20 State Comptroller from the General Revenue Fund to the Common
21 School Fund to permit monthly payments from the Common School
22 Fund to that retirement system in accordance with Section
23 16-158 of the Illinois Pension Code and Section 18-7 of the
24 School Code, except that such transfers in fiscal year 2004
25 from the General Revenue Fund to the Common School Fund for the
26 benefit of the Teachers' Retirement System of the State of
27 Illinois shall be reduced in the aggregate by the State
28 Comptroller and State Treasurer to adjust for the amount
29 transferred to the Teachers' Retirement System of the State of
30 Illinois pursuant to subsection (a) of Section 6z-61. Amounts
31 appropriated to the Teachers' Retirement System of the State of
32 Illinois under Section 1.1 of the State Pension Funds
33 Continuing Appropriation Act shall be transferred by the State
34 Treasurer and the State Comptroller from the General Revenue
35 Fund to the Common School Fund as necessary to provide for the
36 payment of vouchers drawn against those appropriations.

 

 

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1     The Governor may notify the State Treasurer and the State
2 Comptroller to transfer, at a time designated by the Governor,
3 such additional amount as may be necessary to effect advance
4 distribution to school districts of amounts that otherwise
5 would be payable in the next month pursuant to Sections 18-8.05
6 18-8 through 18-9 18-10 of the School Code. The State Treasurer
7 and the State Comptroller shall thereupon transfer such
8 additional amount. The aggregate amount transferred from the
9 General Revenue Fund to the Common School Fund in the eleven
10 months beginning August 1 of any fiscal year shall not be in
11 excess of the amount necessary for payment of claims certified
12 by the State Superintendent of Education pursuant to the
13 appropriation of the Common School Fund for that fiscal year.
14 Notwithstanding the provisions of the first paragraph in this
15 section, no transfer to effect an advance distribution shall be
16 made in any month except on notification, as provided above, by
17 the Governor.
18     The State Comptroller and State Treasurer shall transfer
19 from the General Revenue Fund to the Common School Fund and the
20 Education Assistance Fund such amounts as may be required to
21 honor the vouchers presented by the State Board of Education
22 pursuant to Sections 18-3, 18-4.3, 18-5, 18-6 and 18-7 of the
23 School Code.
24     The State Comptroller shall report all transfers provided
25 for in this Act to the President of the Senate, Minority Leader
26 of the Senate, Speaker of the House, and Minority Leader of the
27 House.
28     (b) On or before the 11th and 21st days of each of the
29 months of June, 1982 through July, 1983, at a time or times
30 designated by the Governor, the State Treasurer and the State
31 Comptroller shall transfer from the General Revenue Fund to the
32 Common School Fund 1/24 or so much thereof as may be necessary
33 of the amount appropriated to the State Board of Education for
34 distribution from such Common School Fund, for that same fiscal
35 year, including interest on the School Fund for such year. The
36 amounts of the payments in the months of July, 1982 and July,

 

 

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1 1983 shall be considered an outstanding liability as of the
2 30th day of June immediately preceding such July payment,
3 within the meaning of Section 25 of this Act, and shall be
4 payable from the appropriation for the fiscal year which ended
5 on such 30th day of June, and such July payments shall be
6 considered payments for claims covering school years 1981-1982
7 and 1982-1983 respectively.
8     In the event the Governor makes notification to effect
9 advanced distribution under the provisions of subsection (a) of
10 this Section, the aggregate amount transferred from the General
11 Revenue Fund to the Common School Fund in the 12 months
12 beginning August 1, 1981 or the 12 months beginning August 1,
13 1982 shall not be in excess of the amount necessary for payment
14 of claims certified by the State Superintendent of Education
15 pursuant to the appropriation of the Common School Fund for the
16 fiscal years commencing on the first of July of the years 1981
17 and 1982.
18 (Source: P.A. 93-665, eff. 3-5-04.)
 
19     Section 15. The Illinois Pension Code is amended by
20 changing Sections 17-130, 17-154, and 17-156.1 as follows:
 
21     (40 ILCS 5/17-130)  (from Ch. 108 1/2, par. 17-130)
22     Sec. 17-130. Participants' contributions by payroll
23 deductions.
24     (a) There shall be deducted from the salary of each teacher
25 7.50% of his salary for service or disability retirement
26 pension and 0.5% of salary for the annual increase in base
27 pension.
28     In addition, there shall be deducted from the salary of
29 each teacher 1% of his salary for survivors' and children's
30 pensions.
31     (b) An Employer and any employer of eligible contributors
32 as defined in Section 17-106 is authorized to make the
33 necessary deductions from the salaries of its teachers. Such
34 amounts shall be included as a part of the Fund. An Employer

 

 

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1 and any employer of eligible contributors as defined in Section
2 17-106 shall formulate such rules and regulations as may be
3 necessary to give effect to the provisions of this Section.
4     (c) All persons employed as teachers shall, by such
5 employment, accept the provisions of this Article and of
6 Sections 34-83 to 34-85b 34-87, inclusive, of "The School
7 Code", approved March 18, 1961, as amended, and thereupon
8 become contributors to the Fund in accordance with the terms
9 thereof. The provisions of this Article and of those Sections
10 shall become a part of the contract of employment.
11     (d) A person who (i) was a member before July 1, 1998, (ii)
12 retires with more than 34 years of creditable service, and
13 (iii) does not elect to qualify for the augmented rate under
14 Section 17-119.1 shall be entitled, at the time of retirement,
15 to receive a partial refund of contributions made under this
16 Section for service occurring after the later of June 30, 1998
17 or attainment of 34 years of creditable service, in an amount
18 equal to 1.00% of the salary upon which those contributions
19 were based.
20 (Source: P.A. 90-566, eff. 1-2-98; 90-582, eff. 5-27-98.)
 
21     (40 ILCS 5/17-154)  (from Ch. 108 1/2, par. 17-154)
22     Sec. 17-154. Retired teachers supplementary payments. All
23 persons who were on June 30, 1975, entitled to a service
24 retirement pension or disability retirement pension, under
25 this Fund or any fund of which this Fund is a continuation, and
26 who meet the conditions prescribed hereinafter, shall receive
27 supplementary payments as follows:
28     (1) In the case of any such retired person, who attained or
29 shall attain after June 30, 1975, the age of 60 years, who was
30 in receipt of a service retirement pension, the payment
31 pursuant to this section shall be an amount equal to the
32 difference between (a) his annual service retirement pension
33 from the Fund plus any annual payment received under the
34 provisions of Section 34-87 (now repealed) of "The School
35 Code", approved March 18, 1961, as amended, if the total of

 

 

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1 such amounts is less than $4500 per year, and (b) an amount
2 equal to $100 for each year of validated teaching service
3 forming the basis of the service retirement pension up to a
4 maximum of 45 years of such service;
5     (2) In the case of any such retired person, who was in
6 receipt on June 30, 1975, of a disability retirement pension,
7 the payment shall be equal to the difference between (a) his
8 total annual disability retirement pension and (b) an amount
9 equal to $100 for each year of validated teaching service
10 forming the basis of the disability retirement pension.
11 (Source: P.A. 90-566, eff. 1-2-98.)
 
12     (40 ILCS 5/17-156.1)  (from Ch. 108 1/2, par. 17-156.1)
13     Sec. 17-156.1. Increases to retired members. A teacher who
14 retired prior to September 1, 1959 on service retirement
15 pension who was at least 55 years of age at date of retirement
16 and had at least 20 years of validated service shall be
17 entitled to receive benefits under this Section.
18     These benefits shall be in an amount equal to 1-1/2% of the
19 total of (1) the initial service retirement pension plus (2)
20 any emeritus payment payable under Sections 34-86 and 34-87
21 (now repealed) of the School Code, multiplied by the number of
22 full years on pension. This payment shall begin in January of
23 1970. An additional 1-1/2% shall be added in January of each
24 year thereafter. Beginning January 1, 1972 the rate of increase
25 in the service retirement pension each year shall be 2%.
26 Beginning January 1, 1979, the rate of increase in the service
27 retirement pension each year shall be 3%. Beginning January 1,
28 1990, all automatic annual increases payable under this Section
29 shall be calculated as a percentage of the total pension
30 payable at the time of the increase, including all increases
31 previously granted under this Article, notwithstanding Section
32 17-157.
33     A pensioner who otherwise qualifies for the aforesaid
34 benefit shall make a one-time payment of 1% of the final
35 monthly average salary multiplied by the number of completed

 

 

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1 years of service forming the basis of his service retirement
2 pension or, if the pension was not computed according to
3 average salary as defined in Section 17-116, 1% of the monthly
4 base pension multiplied by each complete year of service
5 forming the basis of his service retirement pension. Unless the
6 pensioner rejects the benefits of this Section, such sum shall
7 be deducted from the pensioner's December 1969 pension check
8 and shall not be refundable.
9 (Source: P.A. 90-655, eff. 7-30-98.)
 
10     Section 20. The School Code is amended by changing Sections
11 2-3.12, 2-3.62, 5-1, 5-17, 7-14, 7A-11, 11A-12, 11B-11, 11D-9,
12 14C-1, 14C-8, 15-31, 18-8.05, 18-11, 18-12, 34-56, 34-73, and
13 34-74 as follows:
 
14     (105 ILCS 5/2-3.12)  (from Ch. 122, par. 2-3.12)
15     Sec. 2-3.12. School building code. To prepare for school
16 boards with the advice of the Department of Public Health, the
17 Capital Development Board, and the State Fire Marshal a school
18 building code that will conserve the health and safety and
19 general welfare of the pupils and school personnel and others
20 who use public school facilities.
21     The document known as "Efficient and Adequate Standards for
22 the Construction of Schools" applies only to temporary school
23 facilities, new school buildings, and additions to existing
24 schools whose construction contracts are awarded after July 1,
25 1965. On or before July 1, 1967, each school board shall have
26 its school district buildings that were constructed prior to
27 January 1, 1955, surveyed by an architect or engineer licensed
28 in the State of Illinois as to minimum standards necessary to
29 conserve the health and safety of the pupils enrolled in the
30 school buildings of the district. Buildings constructed
31 between January 1, 1955 and July 1, 1965, not owned by the
32 State of Illinois, shall be surveyed by an architect or
33 engineer licensed in the State of Illinois beginning 10 years
34 after acceptance of the completed building by the school board.

 

 

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1 Buildings constructed between January 1, 1955 and July 1, 1955
2 and previously exempt under the provisions of Section 35-27
3 (now repealed) shall be surveyed prior to July 1, 1977 by an
4 architect or engineer licensed in the State of Illinois. The
5 architect or engineer, using the document known as "Building
6 Specifications for Health and Safety in Public Schools" as a
7 guide, shall make a report of the findings of the survey to the
8 school board, giving priority in that report to fire safety
9 problems and recommendations thereon if any such problems
10 exist. The school board of each district so surveyed and
11 receiving a report of needed recommendations to be made to
12 improve standards of safety and health of the pupils enrolled
13 has until July 1, 1970, or in case of buildings not owned by
14 the State of Illinois and completed between January 1, 1955 and
15 July 1, 1965 or in the case of buildings previously exempt
16 under the provisions of Section 35-27 has a period of 3 years
17 after the survey is commenced, to effectuate those
18 recommendations, giving first attention to the recommendations
19 in the survey report having priority status, and is authorized
20 to levy the tax provided for in Section 17-2.11, according to
21 the provisions of that Section, to make such improvements.
22 School boards unable to effectuate those recommendations prior
23 to July 1, 1970, on July 1, 1980 in the case of buildings
24 previously exempt under the provisions of Section 35-27, may
25 petition the State Superintendent of Education upon the
26 recommendation of the Regional Superintendent for an extension
27 of time. The extension of time may be granted by the State
28 Superintendent of Education for a period of one year, but may
29 be extended from year to year provided substantial progress, in
30 the opinion of the State Superintendent of Education, is being
31 made toward compliance. However, for fire protection issues,
32 only one one-year extension may be made, and no other provision
33 of this Code or an applicable code may supersede this
34 requirement. For routine inspections, fire officials shall
35 provide written notice to the principal of the school to
36 schedule a mutually agreed upon time for the fire safety check.

 

 

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1 However, no more than 2 routine inspections may be made in a
2 calendar year.
3     Within 2 years after the effective date of this amendatory
4 Act of 1983, and every 10 years thereafter, or at such other
5 times as the State Board of Education deems necessary or the
6 regional superintendent so orders, each school board subject to
7 the provisions of this Section shall again survey its school
8 buildings and effectuate any recommendations in accordance
9 with the procedures set forth herein. An architect or engineer
10 licensed in the State of Illinois is required to conduct the
11 surveys under the provisions of this Section and shall make a
12 report of the findings of the survey titled "safety survey
13 report" to the school board. The school board shall approve the
14 safety survey report, including any recommendations to
15 effectuate compliance with the code, and submit it to the
16 Regional Superintendent. The Regional Superintendent shall
17 render a decision regarding approval or denial and submit the
18 safety survey report to the State Superintendent of Education.
19 The State Superintendent of Education shall approve or deny the
20 report including recommendations to effectuate compliance with
21 the code and, if approved, issue a certificate of approval.
22 Upon receipt of the certificate of approval, the Regional
23 Superintendent shall issue an order to effect any approved
24 recommendations included in the report. Items in the report
25 shall be prioritized. Urgent items shall be considered as those
26 items related to life safety problems that present an immediate
27 hazard to the safety of students. Required items shall be
28 considered as those items that are necessary for a safe
29 environment but present less of an immediate hazard to the
30 safety of students. Urgent and required items shall reference a
31 specific rule in the code authorized by this Section that is
32 currently being violated or will be violated within the next 12
33 months if the violation is not remedied. The school board of
34 each district so surveyed and receiving a report of needed
35 recommendations to be made to maintain standards of safety and
36 health of the pupils enrolled shall effectuate the correction

 

 

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1 of urgent items as soon as achievable to ensure the safety of
2 the students, but in no case more than one year after the date
3 of the State Superintendent of Education's approval of the
4 recommendation. Required items shall be corrected in a timely
5 manner, but in no case more than 5 years from the date of the
6 State Superintendent of Education's approval of the
7 recommendation. Once each year the school board shall submit a
8 report of progress on completion of any recommendations to
9 effectuate compliance with the code. For each year that the
10 school board does not effectuate any or all approved
11 recommendations, it shall petition the Regional Superintendent
12 and the State Superintendent of Education detailing what work
13 was completed in the previous year and a work plan for
14 completion of the remaining work. If in the judgement of the
15 Regional Superintendent and the State Superintendent of
16 Education substantial progress has been made and just cause has
17 been shown by the school board, the petition for a one year
18 extension of time may be approved.
19     As soon as practicable, but not later than 2 years after
20 the effective date of this amendatory Act of 1992, the State
21 Board of Education shall combine the document known as
22 "Efficient and Adequate Standards for the Construction of
23 Schools" with the document known as "Building Specifications
24 for Health and Safety in Public Schools" together with any
25 modifications or additions that may be deemed necessary. The
26 combined document shall be known as the "Health/Life Safety
27 Code for Public Schools" and shall be the governing code for
28 all facilities that house public school students or are
29 otherwise used for public school purposes, whether such
30 facilities are permanent or temporary and whether they are
31 owned, leased, rented, or otherwise used by the district.
32 Facilities owned by a school district but that are not used to
33 house public school students or are not used for public school
34 purposes shall be governed by separate provisions within the
35 code authorized by this Section.
36     The 10 year survey cycle specified in this Section shall

 

 

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1 continue to apply based upon the standards contained in the
2 "Health/Life Safety Code for Public Schools", which shall
3 specify building standards for buildings that are constructed
4 prior to the effective date of this amendatory Act of 1992 and
5 for buildings that are constructed after that date.
6     The "Health/Life Safety Code for Public Schools" shall be
7 the governing code for public schools; however, the provisions
8 of this Section shall not preclude inspection of school
9 premises and buildings pursuant to Section 9 of the Fire
10 Investigation Act, provided that the provisions of the
11 "Health/Life Safety Code for Public Schools", or such
12 predecessor document authorized by this Section as may be
13 applicable are used, and provided that those inspections are
14 coordinated with the Regional Superintendent having
15 jurisdiction over the public school facility. Nothing in this
16 Section shall be construed to prohibit a local fire department,
17 fire protection district, or the Office of the State Fire
18 Marshal from conducting a fire safety check in a public school.
19 Upon being notified by a fire official that corrective action
20 must be taken to resolve a violation, the school board shall
21 take corrective action within one year. However, violations
22 that present imminent danger must be addressed immediately.
23     Any agency having jurisdiction beyond the scope of the
24 applicable document authorized by this Section may issue a
25 lawful order to a school board to effectuate recommendations,
26 and the school board receiving the order shall certify to the
27 Regional Superintendent and the State Superintendent of
28 Education when it has complied with the order.
29     The State Board of Education is authorized to adopt any
30 rules that are necessary relating to the administration and
31 enforcement of the provisions of this Section. The code
32 authorized by this Section shall apply only to those school
33 districts having a population of less than 500,000 inhabitants.
34 (Source: P.A. 92-593, eff. 1-1-03.)
 
35     (105 ILCS 5/2-3.62)  (from Ch. 122, par. 2-3.62)

 

 

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1     Sec. 2-3.62. Educational Service Centers.
2     (a) A regional network of educational service centers shall
3 be established by the State Board of Education to coordinate
4 and combine existing services in a manner which is practical
5 and efficient and to provide new services to schools as
6 provided in this Section. Services to be made available by such
7 centers shall include the planning, implementation and
8 evaluation of:
9         (1) (blank);
10         (2) computer technology education including the
11     evaluation, use and application of state-of-the-art
12     technology in computer software as provided in Section
13     2-3.43;
14         (3) mathematics, science and reading resources for
15     teachers including continuing education, inservice
16     training and staff development.
17     The centers may provide training, technical assistance,
18 coordination and planning in other program areas such as school
19 improvement, school accountability, career guidance, early
20 childhood education, alcohol/drug education and prevention,
21 family life - sex education, electronic transmission of data
22 from school districts to the State, alternative education and
23 regional special education, and telecommunications systems
24 that provide distance learning. Such telecommunications
25 systems may be obtained through the Department of Central
26 Management Services pursuant to Section 405-270 of the
27 Department of Central Management Services Law (20 ILCS
28 405/405-270). The programs and services of educational service
29 centers may be offered to private school teachers and private
30 school students within each service center area provided public
31 schools have already been afforded adequate access to such
32 programs and services.
33     The State Board of Education shall promulgate rules and
34 regulations necessary to implement this Section. The rules
35 shall include detailed standards which delineate the scope and
36 specific content of programs to be provided by each Educational

 

 

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1 Service Center, as well as the specific planning,
2 implementation and evaluation services to be provided by each
3 Center relative to its programs. The Board shall also provide
4 the standards by which it will evaluate the programs provided
5 by each Center.
6     (b) Centers serving Class 1 county school units shall be
7 governed by an 11-member board, 3 members of which shall be
8 public school teachers nominated by the local bargaining
9 representatives to the appropriate regional superintendent for
10 appointment and no more than 3 members of which shall be from
11 each of the following categories, including but not limited to
12 superintendents, regional superintendents, school board
13 members and a representative of an institution of higher
14 education. The members of the board shall be appointed by the
15 regional superintendents whose school districts are served by
16 the educational service center. The composition of the board
17 will reflect the revisions of this amendatory Act of 1989 as
18 the terms of office of current members expire.
19     (c) The centers shall be of sufficient size and number to
20 assure delivery of services to all local school districts in
21 the State.
22     (d) From monies appropriated for this program the State
23 Board of Education shall provide grants to qualifying
24 Educational Service Centers applying for such grants in
25 accordance with rules and regulations promulgated by the State
26 Board of Education to implement this Section.
27     (e) The governing authority of each of the 18 regional
28 educational service centers shall appoint a family life - sex
29 education advisory board consisting of 2 parents, 2 teachers, 2
30 school administrators, 2 school board members, 2 health care
31 professionals, one library system representative, and the
32 director of the regional educational service center who shall
33 serve as chairperson of the advisory board so appointed.
34 Members of the family life - sex education advisory boards
35 shall serve without compensation. Each of the advisory boards
36 appointed pursuant to this subsection shall develop a plan for

 

 

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1 regional teacher-parent family life - sex education training
2 sessions and shall file a written report of such plan with the
3 governing board of their regional educational service center.
4 The directors of each of the regional educational service
5 centers shall thereupon meet, review each of the reports
6 submitted by the advisory boards and combine those reports into
7 a single written report which they shall file with the Citizens
8 Council on School Problems prior to the end of the regular
9 school term of the 1987-1988 school year.
10     (f) The 14 educational service centers serving Class I
11 county school units shall be disbanded on the first Monday of
12 August, 1995, and their statutory responsibilities and
13 programs shall be assumed by the regional offices of education,
14 subject to rules and regulations developed by the State Board
15 of Education. The regional superintendents of schools elected
16 by the voters residing in all Class I counties shall serve as
17 the chief administrators for these programs and services. By
18 rule of the State Board of Education, the 10 educational
19 service regions of lowest population shall provide such
20 services under cooperative agreements with larger regions.
21 (Source: P.A. 93-21, eff. 7-1-03.)
 
22     (105 ILCS 5/5-1)  (from Ch. 122, par. 5-1)
23     Sec. 5-1. County school units.
24     (a) The territory in each county, exclusive of any school
25 district governed by any special act which requires the
26 district to appoint its own school treasurer, shall constitute
27 a county school unit. County school units of less than
28 2,000,000 inhabitants shall be known as Class I county school
29 units and the office of township trustees, where existing on
30 July 1, 1962, in such units shall be abolished on that date and
31 all books and records of such former township trustees shall be
32 forthwith thereafter transferred to the county board of school
33 trustees. County school units of 2,000,000 or more inhabitants
34 shall be known as Class II county school units and shall retain
35 the office of township trustees unless otherwise provided in

 

 

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1 subsection (b) or (c).
2     (b) Notwithstanding subsections (a) and (c), the school
3 board of any elementary school district having a fall, 1989
4 aggregate enrollment of at least 2,500 but less than 6,500
5 pupils and having boundaries that are coterminous with the
6 boundaries of a high school district, and the school board of
7 any high school district having a fall, 1989 aggregate
8 enrollment of at least 2,500 but less than 6,500 pupils and
9 having boundaries that are coterminous with the boundaries of
10 an elementary school district, may, whenever the territory of
11 such school district forms a part of a Class II county school
12 unit, by proper resolution withdraw such school district from
13 the jurisdiction and authority of the trustees of schools of
14 the township in which such school district is located and from
15 the jurisdiction and authority of the township treasurer in
16 such Class II county school unit; provided that the school
17 board of any such school district shall, upon the adoption and
18 passage of such resolution, thereupon elect or appoint its own
19 school treasurer as provided in Section 8-1. Upon the adoption
20 and passage of such resolution and the election or appointment
21 by the school board of its own school treasurer: (1) the
22 trustees of schools in such township shall no longer have or
23 exercise any powers and duties with respect to the school
24 district governed by such school board or with respect to the
25 school business, operations or assets of such school district;
26 and (2) all books and records of the township trustees relating
27 to the school business and affairs of such school district
28 shall be transferred and delivered to the school board of such
29 school district. Upon the effective date of this amendatory Act
30 of 1993, the legal title to, and all right, title and interest
31 formerly held by the township trustees in any school buildings
32 and school sites used and occupied by the school board of such
33 school district for school purposes, that legal title, right,
34 title and interest thereafter having been transferred to and
35 vested in the regional board of school trustees under P.A.
36 87-473 until the abolition of that regional board of school

 

 

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1 trustees by P.A. 87-969, shall be deemed transferred by
2 operation of law to and shall vest in the school board of that
3 school district.
4     (c) Notwithstanding the provisions of subsection (a), the
5 offices of township treasurer and trustee of schools of any
6 township located in a Class II county school unit shall be
7 abolished as provided in this subsection if all of the
8 following conditions are met:
9         (1) During the same 30 day period, each school board of
10     each elementary and unit school district that is subject to
11     the jurisdiction and authority of the township treasurer
12     and trustees of schools of the township in which those
13     offices are sought to be abolished gives written notice by
14     certified mail, return receipt requested to the township
15     treasurer and trustees of schools of that township of the
16     date of a meeting of the school board, to be held not more
17     than 90 nor less than 60 days after the date when the
18     notice is given, at which meeting the school board is to
19     consider and vote upon the question of whether there shall
20     be submitted to the electors of the school district a
21     proposition to abolish the offices of township treasurer
22     and trustee of schools of that township. None of the
23     notices given under this paragraph to the township
24     treasurer and trustees of schools of a township shall be
25     deemed sufficient or in compliance with the requirements of
26     this paragraph unless all of those notices are given within
27     the same 30 day period.
28         (2) Each school board of each elementary and unit
29     school district that is subject to the jurisdiction and
30     authority of the township treasurer and trustees of schools
31     of the township in which those offices are sought to be
32     abolished, by the affirmative vote of at least 5 members of
33     the school board at a school board meeting of which notice
34     is given as required by paragraph (1) of this subsection,
35     adopts a resolution requiring the secretary of the school
36     board to certify to the proper election authorities for

 

 

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1     submission to the electors of the school district at the
2     next consolidated election in accordance with the general
3     election law a proposition to abolish the offices of
4     township treasurer and trustee of schools of that township.
5     None of the resolutions adopted under this paragraph by any
6     elementary or unit school districts that are subject to the
7     jurisdiction and authority of the township treasurer and
8     trustees of schools of the township in which those offices
9     are sought to be abolished shall be deemed in compliance
10     with the requirements of this paragraph or sufficient to
11     authorize submission of the proposition to abolish those
12     offices to a referendum of the electors in any such school
13     district unless all of the school boards of all of the
14     elementary and unit school districts that are subject to
15     the jurisdiction and authority of the township treasurer
16     and trustees of schools of that township adopt such a
17     resolution in accordance with the provisions of this
18     paragraph.
19         (3) The school boards of all of the elementary and unit
20     school districts that are subject to the jurisdiction and
21     authority of the township treasurer and trustees of schools
22     of the township in which those offices are sought to be
23     abolished submit a proposition to abolish the offices of
24     township treasurer and trustee of schools of that township
25     to the electors of their respective school districts at the
26     same consolidated election in accordance with the general
27     election law, the ballot in each such district to be in
28     substantially the following form:
29     -------------------------------------------------------------
30
OFFICIAL BALLOT
31             Shall the offices of township
32             treasurer and                       YES
33             trustee of                      -----------------
34             schools of Township .....           NO
35             Range ..... be abolished?
36     -------------------------------------------------------------

 

 

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1         (4) At the consolidated election at which the
2     proposition to abolish the offices of township treasurer
3     and trustee of schools of a township is submitted to the
4     electors of each elementary and unit school district that
5     is subject to the jurisdiction and authority of the
6     township treasurer and trustee of schools of that township,
7     a majority of the electors voting on the proposition in
8     each such elementary and unit school district votes in
9     favor of the proposition as submitted to them.
10     If in each elementary and unit school district that is
11 subject to the jurisdiction and authority of the township
12 treasurer and trustees of schools of the township in which
13 those offices are sought to be abolished a majority of the
14 electors in each such district voting at the consolidated
15 election on the proposition to abolish the offices of township
16 treasurer and trustee of schools of that township votes in
17 favor of the proposition as submitted to them, the proposition
18 shall be deemed to have passed; but if in any such elementary
19 or unit school district a majority of the electors voting on
20 that proposition in that district fails to vote in favor of the
21 proposition as submitted to them, then notwithstanding the vote
22 of the electors in any other such elementary or unit school
23 district on that proposition the proposition shall not be
24 deemed to have passed in any of those elementary or unit school
25 districts, and the offices of township treasurer and trustee of
26 schools of the township in which those offices were sought to
27 be abolished shall not be abolished, unless in each of those
28 elementary and unit school districts remaining subject to the
29 jurisdiction and authority of the township treasurer and
30 trustees of schools of that township proceedings are again
31 initiated to abolish those offices and all of the proceedings
32 and conditions prescribed in paragraphs (1) through (4) of this
33 subsection are repeated and met in each of those elementary and
34 unit school districts.
35     Notwithstanding the foregoing provisions of this Section
36 or any other provision of the School Code, the offices of

 

 

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1 township treasurer and trustee of schools of a township that
2 has a population of less than 200,000 and that contains a unit
3 school district and is located in a Class II county school unit
4 shall also be abolished as provided in this subsection if all
5 of the conditions set forth in paragraphs (1), (2), and (3) of
6 this subsection are met and if the following additional
7 condition is met:
8         The electors in all of the school districts subject to
9     the jurisdiction and authority of the township treasurer
10     and trustees of schools of the township in which those
11     offices are sought to be abolished shall vote at the
12     consolidated election on the proposition to abolish the
13     offices of township treasurer and trustee of schools of
14     that township. If a majority of the electors in all of the
15     school districts combined voting on the proposition vote in
16     favor of the proposition, then the proposition shall be
17     deemed to have passed; but if a majority of the electors
18     voting on the proposition in all of the school district
19     fails to vote in favor of the proposition as submitted to
20     them, then the proposition shall not be deemed to have
21     passed and the offices of township treasurer and trustee of
22     schools of the township in which those offices were sought
23     to be abolished shall not be abolished, unless and until
24     the proceedings detailed in paragraphs (1) through (3) of
25     this subsection and the conditions set forth in this
26     paragraph are met.
27     If the proposition to abolish the offices of township
28 treasurer and trustee of schools of a township is deemed to
29 have passed at the consolidated election as provided in this
30 subsection, those offices shall be deemed abolished by
31 operation of law effective on January 1 of the calendar year
32 immediately following the calendar year in which that
33 consolidated election is held, provided that if after the
34 election, the trustees of schools by resolution elect to
35 abolish the offices of township treasurer and trustee of
36 schools effective on July 1 immediately following the election,

 

 

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1 then the offices shall be abolished on July 1 immediately
2 following the election. On the date that the offices of
3 township treasurer and trustee of schools of a township are
4 deemed abolished by operation of law, the school board of each
5 elementary and unit school district and the school board of
6 each high school district that is subject to the jurisdiction
7 and authority of the township treasurer and trustees of schools
8 of that township at the time those offices are abolished: (i)
9 shall appoint its own school treasurer as provided in Section
10 8-1; and (ii) unless the term of the contract of a township
11 treasurer expires on the date that the office of township
12 treasurer is abolished, shall pay to the former township
13 treasurer its proportionate share of any aggregate
14 compensation that, were the office of township treasurer not
15 abolished at that time, would have been payable to the former
16 township treasurer after that date over the remainder of the
17 term of the contract of the former township treasurer that
18 began prior to but ends after that date. In addition, on the
19 date that the offices of township treasurer and trustee of
20 schools of a township are deemed abolished as provided in this
21 subsection, the school board of each elementary school, high
22 school and unit school district that until that date is subject
23 to the jurisdiction and authority of the township treasurer and
24 trustees of schools of that township shall be deemed by
25 operation of law to have agreed and assumed to pay and, when
26 determined, shall pay to the Illinois Municipal Retirement Fund
27 a proportionate share of the unfunded liability existing in
28 that Fund at the time these offices are abolished in that
29 calendar year for all annuities or other benefits then or
30 thereafter to become payable from that Fund with respect to all
31 periods of service performed prior to that date as a
32 participating employee in that Fund by persons serving during
33 those periods of service as a trustee of schools, township
34 treasurer or regular employee in the office of the township
35 treasurer of that township. That unfunded liability shall be
36 actuarially determined by the board of trustees of the Illinois

 

 

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1 Municipal Retirement Fund, and the board of trustees shall
2 thereupon notify each school board required to pay a
3 proportionate share of that unfunded liability of the aggregate
4 amount of the unfunded liability so determined. The amount so
5 paid to the Illinois Municipal Retirement Fund by each of those
6 school districts shall be credited to the account of the
7 township in that Fund. For each elementary school, high school
8 and unit school district under the jurisdiction and authority
9 of a township treasurer and trustees of schools of a township
10 in which those offices are abolished as provided in this
11 subsection, each such district's proportionate share of the
12 aggregate compensation payable to the former township
13 treasurer as provided in this paragraph and each such
14 district's proportionate share of the aggregate amount of the
15 unfunded liability payable to the Illinois Municipal
16 Retirement Fund as provided in this paragraph shall be computed
17 in accordance with the ratio that the number of pupils in
18 average daily attendance in each such district as reported in
19 schedules prepared under Section 24-19 for the school year last
20 ending prior to the date on which the offices of township
21 treasurer and trustee of schools of that township are abolished
22 bears to the aggregate number of pupils in average daily
23 attendance in all of those districts as so reported for that
24 school year.
25     Upon abolition of the offices of township treasurer and
26 trustee of schools of a township as provided in this
27 subsection: (i) the regional board of school trustees, in its
28 corporate capacity, shall be deemed the successor in interest
29 to the former trustees of schools of that township with respect
30 to the common school lands and township loanable funds of the
31 township; (ii) all right, title and interest existing or vested
32 in the former trustees of schools of that township in the
33 common school lands and township loanable funds of the
34 township, and all records, moneys, securities and other assets,
35 rights of property and causes of action pertaining to or
36 constituting a part of those common school lands or township

 

 

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1 loanable funds, shall be transferred to and deemed vested by
2 operation of law in the regional board of school trustees,
3 which shall hold legal title to, manage and operate all common
4 school lands and township loanable funds of the township,
5 receive the rents, issues and profits therefrom, and have and
6 exercise with respect thereto the same powers and duties as are
7 provided by this Code to be exercised by regional boards of
8 school trustees when acting as township land commissioners in
9 counties having at least 220,000 but fewer than 2,000,000
10 inhabitants; (iii) the regional board of school trustees shall
11 select to serve as its treasurer with respect to the common
12 school lands and township loanable funds of the township a
13 person from time to time also serving as the appointed school
14 treasurer of any school district that was subject to the
15 jurisdiction and authority of the township treasurer and
16 trustees of schools of that township at the time those offices
17 were abolished, and the person selected to also serve as
18 treasurer of the regional board of school trustees shall have
19 his compensation for services in that capacity fixed by the
20 regional board of school trustees, to be paid from the township
21 loanable funds, and shall make to the regional board of school
22 trustees the reports required to be made by treasurers of
23 township land commissioners, give bond as required by
24 treasurers of township land commissioners, and perform the
25 duties and exercise the powers of treasurers of township land
26 commissioners; (iv) the regional board of school trustees shall
27 designate in the manner provided by Section 8-7, insofar as
28 applicable, a depositary for its treasurer, and the proceeds of
29 all rents, issues and profits from the common school lands and
30 township loanable funds of that township shall be deposited and
31 held in the account maintained for those purposes with that
32 depositary and shall be expended and distributed therefrom as
33 provided in Section 15-24 and other applicable provisions of
34 this Code; and (v) whenever there is vested in the trustees of
35 schools of a township at the time that office is abolished
36 under this subsection the legal title to any school buildings

 

 

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1 or school sites used or occupied for school purposes by any
2 elementary school, high school or unit school district subject
3 to the jurisdiction and authority of those trustees of school
4 at the time that office is abolished, the legal title to those
5 school buildings and school sites shall be deemed transferred
6 by operation of law to and invested in the school board of that
7 school district, in its corporate capacity Section 7-28, the
8 same to be held, sold, exchanged leased or otherwise
9 transferred in accordance with applicable provisions of this
10 Code.
11     Notwithstanding Section 2-3.25g of this Code, a waiver of a
12 mandate established under this Section may not be requested.
13 (Source: P.A. 91-269, eff. 7-23-99; 92-448, eff. 8-21-01.)
 
14     (105 ILCS 5/5-17)  (from Ch. 122, par. 5-17)
15     Sec. 5-17. Payment of claims - Apportionment and
16 distribution of funds. At the regular meetings, the trustees
17 shall appropriate and pay from the income of the permanent
18 township fund, if it is sufficient, all valid claims for the
19 following:
20         1. The compensation of the treasurer.
21         2. The cost of publishing the annual statement.
22         3. The cost of a record book, if any.
23         4. The cost of dividing school lands and making plats.
24     If the income of the permanent township fund is not
25 sufficient to meet such items the additional amount needed may
26 be taken from the total of other funds subject to distribution,
27 each district -- exclusive of any district which has withdrawn
28 from the jurisdiction and authority of the trustees of schools
29 of the township and which has elected or appointed its own
30 school treasurer as provided in subsection (b) of Section 5-1 -
31 - being charged as its share of such items the proportion
32 which the amount of school funds of the district handled by the
33 township treasurer bears to the total amount of all school
34 funds handled by such treasurer.
35     In Class II county school units (excluding therefrom,

 

 

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1 however, any township therein in which the offices of township
2 treasurer and trustee of schools have been abolished as
3 provided in subsection (c) of Section 5-1) if any balance of
4 the income from the permanent township fund in any township
5 remains after paying such items, such balance shall be
6 apportioned and distributed to the districts and parts of
7 districts in the township -- including any district which has
8 withdrawn from the jurisdiction and authority of the trustees
9 of schools of the township and which has elected or appointed
10 its own school treasurer as provided in subsection (b) of
11 Section 5-1 -- in which schools have been kept as required by
12 law during the preceding year ending June 30, according to the
13 number of pupils in average daily attendance in grades one to
14 eight inclusive as reported in schedules prepared under Section
15 24-19. At the semi-annual meetings in all such townships all
16 remaining funds subject to distribution shall be apportioned
17 and distributed to the districts and parts of districts in the
18 township in which schools have been kept as required by law
19 during the preceding year ending June 30, in the manner and
20 subject to the limitations prescribed in Sections 18-2 through
21 18-11 for the distribution of the common school fund among the
22 counties, provided that -- except for any balance of the income
23 from the permanent township fund remaining after payment of the
24 items set forth in subparagraphs 1, 2, 3 and 4 of this Section -
25 - no funds shall be apportioned or distributed to any school
26 district which has withdrawn from the jurisdiction and
27 authority of the trustees of schools and appointed its own
28 school treasurer pursuant to Section 5-1; and the trustees
29 shall direct the treasurer to make a regular monthly
30 apportionment and distribution between semi-annual meetings,
31 in the manner prescribed by those sections, of any available
32 funds on hand from the common school fund. The funds
33 distributed shall be credited to the respective districts and
34 parts of districts.
35     In Class I county school units and in any township forming
36 a part of a Class II county school unit in which township the

 

 

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1 offices of township treasurer and trustee of schools have been
2 abolished as provided in subsection (c) of Section 5-1, if any
3 balance of income from the permanent township fund in any
4 township remains after paying such items, such balance or a
5 part thereof equal to but not greater than the then current tax
6 levy or tax levies for common school purposes by all the school
7 districts or parts of school districts in said township on
8 property in said township in process of collection in the
9 county wherein the township having such fund is located, shall,
10 upon an order drawn by the treasurer and signed by the
11 president and secretary of the township land commissioners or
12 regional board of school trustees, be paid annually on or
13 before February 1 to the County Treasurer of the county in
14 which such township is situated. It shall then be the duty of
15 the County Treasurer to apply and credit the sum so received
16 upon all tax bills for school purposes of the taxpayers in the
17 township, said sum to be applied and credited proportionately
18 upon the basis of the value of assessed property represented by
19 each such tax bill. Any sum received by the County Treasurer in
20 excess of the amount required to discharge in full the amount
21 of all taxes for school purposes so extended against taxable
22 property within the township shall be held by the County
23 Treasurer and applied to taxes subsequently extended for such
24 purposes: Provided, that if a petition, signed by at least 5%
25 of the legal voters of the township, is presented to the
26 regional superintendent of schools of the educational service
27 region in which the township is located requesting a vote on
28 the proposition that such balance of the income from the
29 permanent township fund shall be apportioned and distributed to
30 the districts and parts of districts in the township in which
31 schools have been kept as required by law during the preceding
32 year ending June 30, according to the number of pupils in
33 average daily attendance in grades one to eight, inclusive, as
34 reported in schedules prepared pursuant to Section 24-19 upon
35 an order drawn by the treasurer and signed by the president and
36 secretary of the township land commissioners or regional board

 

 

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1 of school trustees, to be paid annually on or before February
2 1, the regional superintendent of schools shall certify to the
3 proper election authority the proposition for submission to the
4 voters of the township in accordance with the general election
5 law. The treasurer shall cause a copy of the order to be
6 published in one or more newspapers published in the county
7 school unit within 10 days after the order is drawn. If no
8 newspaper is published in the county school unit, the order
9 shall be published in a newspaper having general circulation
10 within the county school unit. The publication of the order
11 shall include a notice of (1) the specific number of voters
12 required to sign a petition requesting that the proposition to
13 apportion and distribute to the several school districts the
14 excess of the income from the permanent township fund be
15 submitted to the voters of the township; (2) the time within
16 which the petition must be filed; and (3) the date of the
17 prospective referendum. The treasurer shall provide a petition
18 form to any individual requesting one. If the proposition
19 receives a majority of the votes cast thereon, it shall
20 supersede the preceding provisions for the distribution of such
21 balance.
22 (Source: P.A. 86-1253; 86-1441; 87-435; 87-473.)
 
23     (105 ILCS 5/7-14)  (from Ch. 122, par. 7-14)
24     Sec. 7-14. Bonded indebtedness-Tax rate.
25     (a) Except as provided in subsection (b), whenever the
26 boundaries of any school district are changed by the annexation
27 or detachment of territory, each such district as it exists on
28 and after such action shall assume the bonded indebtedness, as
29 well as financial obligations to the Capital Development Board
30 pursuant to Section 35-15 (now repealed) of this the School
31 Code, of all the territory included therein after such change.
32 The tax rate for bonded indebtedness shall be determined in the
33 manner provided in Section 19-7 of this Act, except the County
34 Clerk shall annually extend taxes against all the taxable
35 property situated in the county and contained in each such

 

 

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1 district as it exists after the action. Notwithstanding the
2 provisions of this subsection, if the boundaries of a school
3 district are changed by annexation or detachment of territory
4 after June 30, 1987, and prior to September 15, 1987, and if
5 the school district to which territory is being annexed has no
6 outstanding bonded indebtedness on the date such annexation
7 occurs, then the annexing school district shall not be liable
8 for any bonded indebtedness of the district from which the
9 territory is detached, and the school district from which the
10 territory is detached shall remain liable for all of its bonded
11 indebtedness.
12     (b) Whenever a school district with bonded indebtedness has
13 become dissolved under this Article and its territory annexed
14 to another district, the annexing district or districts shall
15 not, except by action pursuant to resolution of the school
16 board of the annexing district prior to the effective date of
17 the annexation, assume the bonded indebtedness of the dissolved
18 district; nor, except by action pursuant to resolution of the
19 school board of the dissolving district, shall the territory of
20 the dissolved district assume the bonded indebtedness of the
21 annexing district or districts. If the annexing district or
22 districts do not assume the bonded indebtedness of the
23 dissolved district, a tax rate for the bonded indebtedness
24 shall be determined in the manner provided in Section 19-7, and
25 the county clerk or clerks shall annually extend taxes for each
26 outstanding bond issue against all the taxable property that
27 was situated within the boundaries of the district as the
28 boundaries existed at the time of the issuance of each bond
29 issue regardless of whether the property is still contained in
30 that same district at the time of the extension of the taxes by
31 the county clerk or clerks.
32 (Source: P.A. 87-107; 87-1120; 87-1215; 88-45.)
 
33     (105 ILCS 5/7A-11)  (from Ch. 122, par. 7A-11)
34     Sec. 7A-11. Assets, liabilities and bonded indebtedness -
35 Tax rate.

 

 

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1     (a) Upon the effective date of the change as provided in
2 Section 7A-8, and subject to the provisions of subsection (b)
3 of this Section 7A-11, the newly created elementary school
4 district shall receive all the assets and assume all the
5 liabilities and obligations of the dissolved unit school
6 district, including all the bonded indebtedness of the
7 dissolved unit school district and its financial obligations to
8 the Capital Development Board pursuant to Section 35-15 (now
9 repealed).
10     (b) Notwithstanding the provisions of subsection (a) of
11 this Section, upon the stipulation of the school board of the
12 annexing high school district and either the school board of
13 the unit school district prior to the effective date of its
14 dissolution, or thereafter of the school board of the newly
15 created elementary school district, and with the approval in
16 either case of the regional superintendent of schools of the
17 educational service region in which the territory described in
18 the petition filed under this Article or the greater portion of
19 the equalized assessed valuation of such territory is situated,
20 the assets, liabilities and obligations of the dissolved unit
21 school district, including all the bonded indebtedness of the
22 dissolved unit school district and its financial obligations to
23 the Capital Development Board pursuant to Section 35-15 (now
24 repealed), may be divided and assumed between and by such newly
25 created elementary school district and the annexing high school
26 district in accordance with the terms and provisions of such
27 stipulation and approval. In such event, the provisions of
28 Section 19-29, as now or hereafter amended, shall be applied to
29 determine the debt incurring power of the newly created
30 elementary school district and of the contiguous annexing high
31 school district.
32     (c) Without regard to whether the receipt of assets and the
33 assumption of liabilities and obligations of the dissolved unit
34 school district is determined pursuant to subsection (a) or (b)
35 of this Section, the tax rate for bonded indebtedness shall be
36 determined in the manner provided in Section 19-7; and

 

 

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1 notwithstanding the creation of such new elementary school
2 district, the county clerk or clerks shall annually extend
3 taxes for each outstanding bond issue against all the taxable
4 property that was situated within the boundaries of the
5 dissolved unit school district as such boundaries existed at
6 the time of the issuance of each such bond issue, regardless of
7 whether such property was still contained in that unit school
8 district at the time of its dissolution and regardless of
9 whether such property is contained in the newly created
10 elementary school district at the time of the extension of such
11 taxes by the county clerk or clerks.
12 (Source: P.A. 86-1028.)
 
13     (105 ILCS 5/11A-12)  (from Ch. 122, par. 11A-12)
14     Sec. 11A-12. Bonded indebtedness - Tax rate.
15     (a) Except as provided in subsection (b), whenever a new
16 district is created under the provisions of this Article, each
17 such district as it exists on and after such action shall
18 assume the financial obligations to the Capital Development
19 Board, pursuant to Section 35-15 (now repealed) of this the
20 School Code and the Capital Development Board Act, of all the
21 territory included therein after such change, and the
22 outstanding bonded indebtedness shall be treated as
23 hereinafter provided in this Section and in Section 19-29 of
24 this Act. The tax rate for bonded indebtedness shall be
25 determined in the manner provided in Section 19-7 of this Act,
26 and notwithstanding the creation of any such new district, the
27 County Clerk or Clerks shall annually extend taxes for each
28 outstanding bond issue against all the taxable property that
29 was situated within the boundaries of the district as such
30 boundaries existed at the time of the issuance of each such
31 bond issue regardless of whether such property is still
32 contained in that same district at the time of the extension of
33 such taxes by the County Clerk or Clerks.
34     (b) Whenever the entire territory of 2 or more school
35 districts is organized into a community unit school district

 

 

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1 pursuant to a petition filed under this Article, the petition
2 may provide that the entire territory of the new community unit
3 school district shall assume the bonded indebtedness of the
4 previously existing school district. In that case the tax rate
5 for bonded indebtedness shall be determined in the manner
6 provided in Section 19-7 of this Act, except the County Clerk
7 shall annually extend taxes for each outstanding bond issue
8 against all the taxable property situated in the new community
9 unit school district as it exists after the organization.
10 (Source: P.A. 88-555, eff. 7-27-94.)
 
11     (105 ILCS 5/11B-11)  (from Ch. 122, par. 11B-11)
12     Sec. 11B-11. Bonded indebtedness - Tax rate. Whenever a new
13 district is created under any of the provisions of this Act,
14 each such district as it exists on and after such action shall
15 assume the financial obligations to the Capital Development
16 Board, pursuant to Section 35-15 (now repealed) of this "The
17 School Code" and the Capital Development Board Act, of all the
18 territory included therein after such change, and the
19 outstanding bonded indebtedness shall be treated as
20 hereinafter provided in this Section and in Section 19-29 of
21 this Act. The tax rate for bonded indebtedness shall be
22 determined in the manner provided in Section 19-7 of this Act,
23 and notwithstanding the creation of any such new district, the
24 County Clerk or Clerks shall annually extend taxes for each
25 outstanding bond issue against all the taxable property that
26 was situated within the boundaries of the district as such
27 boundaries existed at the time of the issuance of each such
28 bond issue regardless of whether such property is still
29 contained in that same district at the time of the extension of
30 such taxes by the County Clerk or Clerks.
31 (Source: P.A. 83-686.)
 
32     (105 ILCS 5/11D-9)  (from Ch. 122, par. 11D-9)
33     Sec. 11D-9. Bonded indebtedness; tax rate. Whenever new
34 districts are created under any of the provisions of this

 

 

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1 Article, each such district as it exists on and after such
2 action shall assume the financial obligations to the Capital
3 Development Board, pursuant to Section 35-15 (now repealed) of
4 this The School Code and the Capital Development Board Act, of
5 all the territory included therein after such change, and the
6 outstanding bonded indebtedness shall be treated as provided in
7 this Section and in Section 19-29 of this Act. The tax rate for
8 bonded indebtedness shall be determined in the manner provided
9 in Section 19-7 of this Act, and notwithstanding the creation
10 of any such new districts, the county clerk or clerks shall
11 annually extend taxes for each outstanding bond issue against
12 all the taxable property that was situated within the
13 boundaries of each district as such boundaries existed at the
14 time of the issuance of each such bond issue, regardless of
15 whether such property is still contained in that same district
16 at the time of the extension of such taxes by the county clerk
17 or clerks.
18 (Source: P.A. 86-1334.)
 
19     (105 ILCS 5/14C-1)  (from Ch. 122, par. 14C-1)
20     Sec. 14C-1.
21     The General Assembly finds that there are large numbers of
22 children in this State who come from environments where the
23 primary language is other than English. Experience has shown
24 that public school classes in which instruction is given only
25 in English are often inadequate for the education of children
26 whose native tongue is another language. The General Assembly
27 believes that a program of transitional bilingual education can
28 meet the needs of these children and facilitate their
29 integration into the regular public school curriculum.
30 Therefore, pursuant to the policy of this State to insure equal
31 educational opportunity to every child, and in recognition of
32 the educational needs of children of limited English-speaking
33 ability, and in recognition of the success of the limited
34 existing bilingual programs conducted pursuant to Sections
35 10-22.38a and 34-18.2 of The School Code, it is the purpose of

 

 

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1 this Act to provide for the establishment of transitional
2 bilingual education programs in the public schools, and to
3 provide supplemental financial assistance to help local school
4 districts meet the extra costs of such programs.
5 (Source: P.A. 78-727.)
 
6     (105 ILCS 5/14C-8)  (from Ch. 122, par. 14C-8)
7     Sec. 14C-8. Teacher certification - Qualifications -
8 Issuance of certificates. No person shall be eligible for
9 employment by a school district as a teacher of transitional
10 bilingual education without either (a) holding a valid teaching
11 certificate issued pursuant to Article 21 of this Code and
12 meeting such additional language and course requirements as
13 prescribed by the State Board of Education or (b) meeting the
14 requirements set forth in this Section. The Certification Board
15 shall issue certificates valid for teaching in all grades of
16 the common school in transitional bilingual education programs
17 to any person who presents it with satisfactory evidence that
18 he possesses an adequate speaking and reading ability in a
19 language other than English in which transitional bilingual
20 education is offered and communicative skills in English, and
21 possessed within 5 years previous to his or her applying for a
22 certificate under this Section a valid teaching certificate
23 issued by a foreign country, or by a State or possession or
24 territory of the United States, or other evidence of teaching
25 preparation as may be determined to be sufficient by the
26 Certification Board, or holds a degree from an institution of
27 higher learning in a foreign country which the Certification
28 Board determines to be the equivalent of a bachelor's degree
29 from a recognized institution of higher learning in the United
30 States; provided that any person seeking a certificate under
31 this Section must meet the following additional requirements:
32     (1) Such persons must be in good health;
33     (2) Such persons must be of sound moral character;
34     (3) Such persons must be legally present in the United
35 States and possess legal authorization for employment;

 

 

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1     (4) Such persons must not be employed to replace any
2 presently employed teacher who otherwise would not be replaced
3 for any reason.
4     Certificates issuable pursuant to this Section shall be
5 issuable only during the 5 years immediately following the
6 effective date of this Act and thereafter for additional
7 periods of one year only upon a determination by the State
8 Board of Education that a school district lacks the number of
9 teachers necessary to comply with the mandatory requirements of
10 Section Sections 14C-2.1 and 14C-3 of this Article for the
11 establishment and maintenance of programs of transitional
12 bilingual education and said certificates issued by the
13 Certification Board shall be valid for a period of 6 years
14 following their date of issuance and shall not be renewed,
15 except that one renewal for a period of two years may be
16 granted if necessary to permit the holder of a certificate
17 issued under this Section to acquire a teaching certificate
18 pursuant to Article 21 of this Code. Such certificates and the
19 persons to whom they are issued shall be exempt from the
20 provisions of Article 21 of this Code except that Sections
21 21-12, 21-13, 21-16, 21-17, 21-19, 21-21, 21-22, 21-23 and
22 21-24 shall continue to be applicable to all such certificates.
23     After the effective date of this amendatory Act of 1984, an
24 additional renewal for a period to expire August 31, 1985, may
25 be granted. The State Board of Education shall report to the
26 General Assembly on or before January 31, 1985 its
27 recommendations for the qualification of teachers of bilingual
28 education and for the qualification of teachers of English as a
29 second language. Said qualification program shall take effect
30 no later than August 31, 1985.
31     Beginning July 1, 2001, the State Board of Education shall
32 implement a test or tests to assess the speaking, reading,
33 writing, and grammar skills of applicants for a certificate
34 issued under this Section in the English language and in the
35 language of the transitional bilingual education program
36 requested by the applicant and shall establish appropriate fees

 

 

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1 for these tests. The State Board of Education, in consultation
2 with the Certification Board, shall promulgate rules to
3 implement the required tests, including specific provisions to
4 govern test selection, test validation, determination of a
5 passing score, administration of the test or tests, frequency
6 of administration, applicant fees, identification requirements
7 for test takers, frequency of applicants taking the tests, the
8 years for which a score is valid, waiving tests for individuals
9 who have satisfactorily passed other tests, and the
10 consequences of dishonest conduct in the application for or
11 taking of the tests.
12     If the qualifications of an applicant for a certificate
13 valid for teaching in transitional bilingual education
14 programs in all grades of the common schools do not meet the
15 requirements established for the issuance of that certificate,
16 the Certification Board nevertheless shall issue the applicant
17 a substitute teacher's certificate under Section 21-9 whenever
18 it appears from the face of the application submitted for
19 certification as a teacher of transitional bilingual education
20 and the evidence presented in support thereof that the
21 applicant's qualifications meet the requirements established
22 for the issuance of a certificate under Section 21-9; provided,
23 that if it does not appear from the face of such application
24 and supporting evidence that the applicant is qualified for
25 issuance of a certificate under Section 21-9 the Certification
26 Board shall evaluate the application with reference to the
27 requirements for issuance of certificates under Section 21-9
28 and shall inform the applicant, at the time it denies the
29 application submitted for certification as a teacher of
30 transitional bilingual education, of the additional
31 qualifications which the applicant must possess in order to
32 meet the requirements established for issuance of (i) a
33 certificate valid for teaching in transitional bilingual
34 education programs in all grades of the common schools and (ii)
35 a substitute teacher's certificate under Section 21-9.
36 (Source: P.A. 91-370, eff. 7-30-99.)
 

 

 

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1     (105 ILCS 5/15-31)  (from Ch. 122, par. 15-31)
2     Sec. 15-31. Disposition of funds upon liquidation of
3 permanent funds.
4     Any funds received as the result of the liquidation of the
5 permanent funds belonging to any school township shall after
6 the payment of the necessary expenses connected therewith be
7 apportioned and distributed to the school districts or parts of
8 districts of such township -- including, in the case of the
9 liquidation of the permanent funds belonging to any school
10 township in a Class II county school unit, any school district
11 located in such township which theretofore withdrew from the
12 jurisdiction and authority of the trustees of schools of that
13 township and from the jurisdiction and authority of the
14 township treasurer as provided in subsection (b) of Section 5-1 -
15 - in which schools have been kept as required by law during
16 the preceding year ending June 30 according to the number of
17 pupils in average daily attendance in grades one to eight, each
18 inclusive, as reported in schedules prepared under Section
19 24-19 of this Act, and upon the completion of such liquidation
20 and distribution and the submission of all reports required by
21 law the office of township land commissioners and their
22 treasurer in such township shall terminate.
23 (Source: P.A. 86-1441.)
 
24     (105 ILCS 5/18-8.05)
25     Sec. 18-8.05. Basis for apportionment of general State
26 financial aid and supplemental general State aid to the common
27 schools for the 1998-1999 and subsequent school years.
 
28 (A) General Provisions.
29     (1) The provisions of this Section apply to the 1998-1999
30 and subsequent school years. The system of general State
31 financial aid provided for in this Section is designed to
32 assure that, through a combination of State financial aid and
33 required local resources, the financial support provided each

 

 

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

 

 

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1     having recognition status at the end of a school term is
2     entitled to receive State aid payments due upon a legal
3     claim which was filed while it was recognized.
4         (b) School district claims filed under this Section are
5     subject to Sections 18-9, 18-10, and 18-12, except as
6     otherwise provided in this Section.
7         (c) If a school district operates a full year school
8     under Section 10-19.1, the general State aid to the school
9     district shall be determined by the State Board of
10     Education in accordance with this Section as near as may be
11     applicable.
12         (d) (Blank).
13     (4) Except as provided in subsections (H) and (L), the
14 board of any district receiving any of the grants provided for
15 in this Section may apply those funds to any fund so received
16 for which that board is authorized to make expenditures by law.
17     School districts are not required to exert a minimum
18 Operating Tax Rate in order to qualify for assistance under
19 this Section.
20     (5) As used in this Section the following terms, when
21 capitalized, shall have the meaning ascribed herein:
22         (a) "Average Daily Attendance": A count of pupil
23     attendance in school, averaged as provided for in
24     subsection (C) and utilized in deriving per pupil financial
25     support levels.
26         (b) "Available Local Resources": A computation of
27     local financial support, calculated on the basis of Average
28     Daily Attendance and derived as provided pursuant to
29     subsection (D).
30         (c) "Corporate Personal Property Replacement Taxes":
31     Funds paid to local school districts pursuant to "An Act in
32     relation to the abolition of ad valorem personal property
33     tax and the replacement of revenues lost thereby, and
34     amending and repealing certain Acts and parts of Acts in
35     connection therewith", certified August 14, 1979, as
36     amended (Public Act 81-1st S.S.-1).

 

 

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1         (d) "Foundation Level": A prescribed level of per pupil
2     financial support as provided for in subsection (B).
3         (e) "Operating Tax Rate": All school district property
4     taxes extended for all purposes, except Bond and Interest,
5     Summer School, Rent, Capital Improvement, and Vocational
6     Education Building purposes.
 
7 (B) Foundation Level.
8     (1) The Foundation Level is a figure established by the
9 State representing the minimum level of per pupil financial
10 support that should be available to provide for the basic
11 education of each pupil in Average Daily Attendance. As set
12 forth in this Section, each school district is assumed to exert
13 a sufficient local taxing effort such that, in combination with
14 the aggregate of general State financial aid provided the
15 district, an aggregate of State and local resources are
16 available to meet the basic education needs of pupils in the
17 district.
18     (2) For the 1998-1999 school year, the Foundation Level of
19 support is $4,225. For the 1999-2000 school year, the
20 Foundation Level of support is $4,325. For the 2000-2001 school
21 year, the Foundation Level of support is $4,425. For the
22 2001-2002 school year and 2002-2003 school year, the Foundation
23 Level of support is $4,560. For the 2003-2004 school year, the
24 Foundation Level of support is $4,810.
25     (3) For the 2004-2005 school year and each school year
26 thereafter, the Foundation Level of support is $4,964 $5,060 or
27 such greater amount as may be established by law by the General
28 Assembly.
 
29 (C) Average Daily Attendance.
30     (1) For purposes of calculating general State aid pursuant
31 to subsection (E), an Average Daily Attendance figure shall be
32 utilized. The Average Daily Attendance figure for formula
33 calculation purposes shall be the monthly average of the actual
34 number of pupils in attendance of each school district, as

 

 

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1 further averaged for the best 3 months of pupil attendance for
2 each school district. In compiling the figures for the number
3 of pupils in attendance, school districts and the State Board
4 of Education shall, for purposes of general State aid funding,
5 conform attendance figures to the requirements of subsection
6 (F).
7     (2) The Average Daily Attendance figures utilized in
8 subsection (E) shall be the requisite attendance data for the
9 school year immediately preceding the school year for which
10 general State aid is being calculated or the average of the
11 attendance data for the 3 preceding school years, whichever is
12 greater. The Average Daily Attendance figures utilized in
13 subsection (H) shall be the requisite attendance data for the
14 school year immediately preceding the school year for which
15 general State aid is being calculated.
 
16 (D) Available Local Resources.
17     (1) For purposes of calculating general State aid pursuant
18 to subsection (E), a representation of Available Local
19 Resources per pupil, as that term is defined and determined in
20 this subsection, shall be utilized. Available Local Resources
21 per pupil shall include a calculated dollar amount representing
22 local school district revenues from local property taxes and
23 from Corporate Personal Property Replacement Taxes, expressed
24 on the basis of pupils in Average Daily Attendance. Calculation
25 of Available Local Resources shall exclude any tax amnesty
26 funds received as a result of Public Act 93-26.
27     (2) In determining a school district's revenue from local
28 property taxes, the State Board of Education shall utilize the
29 equalized assessed valuation of all taxable property of each
30 school district as of September 30 of the previous year. The
31 equalized assessed valuation utilized shall be obtained and
32 determined as provided in subsection (G).
33     (3) For school districts maintaining grades kindergarten
34 through 12, local property tax revenues per pupil shall be
35 calculated as the product of the applicable equalized assessed

 

 

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1 valuation for the district multiplied by 3.00%, and divided by
2 the district's Average Daily Attendance figure. For school
3 districts maintaining grades kindergarten through 8, local
4 property tax revenues per pupil shall be calculated as the
5 product of the applicable equalized assessed valuation for the
6 district multiplied by 2.30%, and divided by the district's
7 Average Daily Attendance figure. For school districts
8 maintaining grades 9 through 12, local property tax revenues
9 per pupil shall be the applicable equalized assessed valuation
10 of the district multiplied by 1.05%, and divided by the
11 district's Average Daily Attendance figure.
12     (4) The Corporate Personal Property Replacement Taxes paid
13 to each school district during the calendar year 2 years before
14 the calendar year in which a school year begins, divided by the
15 Average Daily Attendance figure for that district, shall be
16 added to the local property tax revenues per pupil as derived
17 by the application of the immediately preceding paragraph (3).
18 The sum of these per pupil figures for each school district
19 shall constitute Available Local Resources as that term is
20 utilized in subsection (E) in the calculation of general State
21 aid.
 
22 (E) Computation of General State Aid.
23     (1) For each school year, the amount of general State aid
24 allotted to a school district shall be computed by the State
25 Board of Education as provided in this subsection.
26     (2) For any school district for which Available Local
27 Resources per pupil is less than the product of 0.93 times the
28 Foundation Level, general State aid for that district shall be
29 calculated as an amount equal to the Foundation Level minus
30 Available Local Resources, multiplied by the Average Daily
31 Attendance of the school district.
32     (3) For any school district for which Available Local
33 Resources per pupil is equal to or greater than the product of
34 0.93 times the Foundation Level and less than the product of
35 1.75 times the Foundation Level, the general State aid per

 

 

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1 pupil shall be a decimal proportion of the Foundation Level
2 derived using a linear algorithm. Under this linear algorithm,
3 the calculated general State aid per pupil shall decline in
4 direct linear fashion from 0.07 times the Foundation Level for
5 a school district with Available Local Resources equal to the
6 product of 0.93 times the Foundation Level, to 0.05 times the
7 Foundation Level for a school district with Available Local
8 Resources equal to the product of 1.75 times the Foundation
9 Level. The allocation of general State aid for school districts
10 subject to this paragraph 3 shall be the calculated general
11 State aid per pupil figure multiplied by the Average Daily
12 Attendance of the school district.
13     (4) For any school district for which Available Local
14 Resources per pupil equals or exceeds the product of 1.75 times
15 the Foundation Level, the general State aid for the school
16 district shall be calculated as the product of $218 multiplied
17 by the Average Daily Attendance of the school district.
18     (5) The amount of general State aid allocated to a school
19 district for the 1999-2000 school year meeting the requirements
20 set forth in paragraph (4) of subsection (G) shall be increased
21 by an amount equal to the general State aid that would have
22 been received by the district for the 1998-1999 school year by
23 utilizing the Extension Limitation Equalized Assessed
24 Valuation as calculated in paragraph (4) of subsection (G) less
25 the general State aid allotted for the 1998-1999 school year.
26 This amount shall be deemed a one time increase, and shall not
27 affect any future general State aid allocations.
 
28 (F) Compilation of Average Daily Attendance.
29     (1) Each school district shall, by July 1 of each year,
30 submit to the State Board of Education, on forms prescribed by
31 the State Board of Education, attendance figures for the school
32 year that began in the preceding calendar year. The attendance
33 information so transmitted shall identify the average daily
34 attendance figures for each month of the school year. Beginning
35 with the general State aid claim form for the 2002-2003 school

 

 

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1 year, districts shall calculate Average Daily Attendance as
2 provided in subdivisions (a), (b), and (c) of this paragraph
3 (1).
4         (a) In districts that do not hold year-round classes,
5     days of attendance in August shall be added to the month of
6     September and any days of attendance in June shall be added
7     to the month of May.
8         (b) In districts in which all buildings hold year-round
9     classes, days of attendance in July and August shall be
10     added to the month of September and any days of attendance
11     in June shall be added to the month of May.
12         (c) In districts in which some buildings, but not all,
13     hold year-round classes, for the non-year-round buildings,
14     days of attendance in August shall be added to the month of
15     September and any days of attendance in June shall be added
16     to the month of May. The average daily attendance for the
17     year-round buildings shall be computed as provided in
18     subdivision (b) of this paragraph (1). To calculate the
19     Average Daily Attendance for the district, the average
20     daily attendance for the year-round buildings shall be
21     multiplied by the days in session for the non-year-round
22     buildings for each month and added to the monthly
23     attendance of the non-year-round buildings.
24     Except as otherwise provided in this Section, days of
25 attendance by pupils shall be counted only for sessions of not
26 less than 5 clock hours of school work per day under direct
27 supervision of: (i) teachers, or (ii) non-teaching personnel or
28 volunteer personnel when engaging in non-teaching duties and
29 supervising in those instances specified in subsection (a) of
30 Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
31 of legal school age and in kindergarten and grades 1 through
32 12.
33     Days of attendance by tuition pupils shall be accredited
34 only to the districts that pay the tuition to a recognized
35 school.
36     (2) Days of attendance by pupils of less than 5 clock hours

 

 

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1 of school shall be subject to the following provisions in the
2 compilation of Average Daily Attendance.
3         (a) Pupils regularly enrolled in a public school for
4     only a part of the school day may be counted on the basis
5     of 1/6 day for every class hour of instruction of 40
6     minutes or more attended pursuant to such enrollment,
7     unless a pupil is enrolled in a block-schedule format of 80
8     minutes or more of instruction, in which case the pupil may
9     be counted on the basis of the proportion of minutes of
10     school work completed each day to the minimum number of
11     minutes that school work is required to be held that day.
12         (b) Days of attendance may be less than 5 clock hours
13     on the opening and closing of the school term, and upon the
14     first day of pupil attendance, if preceded by a day or days
15     utilized as an institute or teachers' workshop.
16         (c) A session of 4 or more clock hours may be counted
17     as a day of attendance upon certification by the regional
18     superintendent, and approved by the State Superintendent
19     of Education to the extent that the district has been
20     forced to use daily multiple sessions.
21         (d) A session of 3 or more clock hours may be counted
22     as a day of attendance (1) when the remainder of the school
23     day or at least 2 hours in the evening of that day is
24     utilized for an in-service training program for teachers,
25     up to a maximum of 5 days per school year of which a
26     maximum of 4 days of such 5 days may be used for
27     parent-teacher conferences, provided a district conducts
28     an in-service training program for teachers which has been
29     approved by the State Superintendent of Education; or, in
30     lieu of 4 such days, 2 full days may be used, in which
31     event each such day may be counted as a day of attendance;
32     and (2) when days in addition to those provided in item (1)
33     are scheduled by a school pursuant to its school
34     improvement plan adopted under Article 34 or its revised or
35     amended school improvement plan adopted under Article 2,
36     provided that (i) such sessions of 3 or more clock hours

 

 

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1     are scheduled to occur at regular intervals, (ii) the
2     remainder of the school days in which such sessions occur
3     are utilized for in-service training programs or other
4     staff development activities for teachers, and (iii) a
5     sufficient number of minutes of school work under the
6     direct supervision of teachers are added to the school days
7     between such regularly scheduled sessions to accumulate
8     not less than the number of minutes by which such sessions
9     of 3 or more clock hours fall short of 5 clock hours. Any
10     full days used for the purposes of this paragraph shall not
11     be considered for computing average daily attendance. Days
12     scheduled for in-service training programs, staff
13     development activities, or parent-teacher conferences may
14     be scheduled separately for different grade levels and
15     different attendance centers of the district.
16         (e) A session of not less than one clock hour of
17     teaching hospitalized or homebound pupils on-site or by
18     telephone to the classroom may be counted as 1/2 day of
19     attendance, however these pupils must receive 4 or more
20     clock hours of instruction to be counted for a full day of
21     attendance.
22         (f) A session of at least 4 clock hours may be counted
23     as a day of attendance for first grade pupils, and pupils
24     in full day kindergartens, and a session of 2 or more hours
25     may be counted as 1/2 day of attendance by pupils in
26     kindergartens which provide only 1/2 day of attendance.
27         (g) For children with disabilities who are below the
28     age of 6 years and who cannot attend 2 or more clock hours
29     because of their disability or immaturity, a session of not
30     less than one clock hour may be counted as 1/2 day of
31     attendance; however for such children whose educational
32     needs so require a session of 4 or more clock hours may be
33     counted as a full day of attendance.
34         (h) A recognized kindergarten which provides for only
35     1/2 day of attendance by each pupil shall not have more
36     than 1/2 day of attendance counted in any one day. However,

 

 

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1     kindergartens may count 2 1/2 days of attendance in any 5
2     consecutive school days. When a pupil attends such a
3     kindergarten for 2 half days on any one school day, the
4     pupil shall have the following day as a day absent from
5     school, unless the school district obtains permission in
6     writing from the State Superintendent of Education.
7     Attendance at kindergartens which provide for a full day of
8     attendance by each pupil shall be counted the same as
9     attendance by first grade pupils. Only the first year of
10     attendance in one kindergarten shall be counted, except in
11     case of children who entered the kindergarten in their
12     fifth year whose educational development requires a second
13     year of kindergarten as determined under the rules and
14     regulations of the State Board of Education.
 
15 (G) Equalized Assessed Valuation Data.
16     (1) For purposes of the calculation of Available Local
17 Resources required pursuant to subsection (D), the State Board
18 of Education shall secure from the Department of Revenue the
19 value as equalized or assessed by the Department of Revenue of
20 all taxable property of every school district, together with
21 (i) the applicable tax rate used in extending taxes for the
22 funds of the district as of September 30 of the previous year
23 and (ii) the limiting rate for all school districts subject to
24 property tax extension limitations as imposed under the
25 Property Tax Extension Limitation Law.
26     The Department of Revenue shall add to the equalized
27 assessed value of all taxable property of each school district
28 situated entirely or partially within a county that is or was
29 subject to the alternative general homestead exemption
30 provisions of Section 15-176 of the Property Tax Code (a) (i)
31 an amount equal to the total amount by which the homestead
32 exemption allowed under Section 15-176 of the Property Tax Code
33 for real property situated in that school district exceeds the
34 total amount that would have been allowed in that school
35 district if the maximum reduction under Section 15-176 was (i)

 

 

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1 $4,500 in Cook County or $3,500 in all other counties in tax
2 year 2003 or (ii) $5,000 in all counties in tax year 2004 and
3 thereafter and (b) (ii) an amount equal to the aggregate amount
4 for the taxable year of all additional exemptions under Section
5 15-175 of the Property Tax Code for owners with a household
6 income of $30,000 or less. The county clerk of any county that
7 is or was subject to the alternative general homestead
8 exemption provisions of Section 15-176 of the Property Tax Code
9 shall annually calculate and certify to the Department of
10 Revenue for each school district all homestead exemption
11 amounts under Section 15-176 of the Property Tax Code and all
12 amounts of additional exemptions under Section 15-175 of the
13 Property Tax Code for owners with a household income of $30,000
14 or less. It is the intent of this paragraph that if the general
15 homestead exemption for a parcel of property is determined
16 under Section 15-176 of the Property Tax Code rather than
17 Section 15-175, then the calculation of Available Local
18 Resources shall not be affected by the difference, if any,
19 between the amount of the general homestead exemption allowed
20 for that parcel of property under Section 15-176 of the
21 Property Tax Code and the amount that would have been allowed
22 had the general homestead exemption for that parcel of property
23 been determined under Section 15-175 of the Property Tax Code.
24 It is further the intent of this paragraph that if additional
25 exemptions are allowed under Section 15-175 of the Property Tax
26 Code for owners with a household income of less than $30,000,
27 then the calculation of Available Local Resources shall not be
28 affected by the difference, if any, because of those additional
29 exemptions.
30     This equalized assessed valuation, as adjusted further by
31 the requirements of this subsection, shall be utilized in the
32 calculation of Available Local Resources.
33     (2) The equalized assessed valuation in paragraph (1) shall
34 be adjusted, as applicable, in the following manner:
35         (a) For the purposes of calculating State aid under
36     this Section, with respect to any part of a school district

 

 

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1     within a redevelopment project area in respect to which a
2     municipality has adopted tax increment allocation
3     financing pursuant to the Tax Increment Allocation
4     Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
5     of the Illinois Municipal Code or the Industrial Jobs
6     Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
7     Illinois Municipal Code, no part of the current equalized
8     assessed valuation of real property located in any such
9     project area which is attributable to an increase above the
10     total initial equalized assessed valuation of such
11     property shall be used as part of the equalized assessed
12     valuation of the district, until such time as all
13     redevelopment project costs have been paid, as provided in
14     Section 11-74.4-8 of the Tax Increment Allocation
15     Redevelopment Act or in Section 11-74.6-35 of the
16     Industrial Jobs Recovery Law. For the purpose of the
17     equalized assessed valuation of the district, the total
18     initial equalized assessed valuation or the current
19     equalized assessed valuation, whichever is lower, shall be
20     used until such time as all redevelopment project costs
21     have been paid.
22         (b) The real property equalized assessed valuation for
23     a school district shall be adjusted by subtracting from the
24     real property value as equalized or assessed by the
25     Department of Revenue for the district an amount computed
26     by dividing the amount of any abatement of taxes under
27     Section 18-170 of the Property Tax Code by 3.00% for a
28     district maintaining grades kindergarten through 12, by
29     2.30% for a district maintaining grades kindergarten
30     through 8, or by 1.05% for a district maintaining grades 9
31     through 12 and adjusted by an amount computed by dividing
32     the amount of any abatement of taxes under subsection (a)
33     of Section 18-165 of the Property Tax Code by the same
34     percentage rates for district type as specified in this
35     subparagraph (b).
36     (3) For the 1999-2000 school year and each school year

 

 

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1 thereafter, if a school district meets all of the criteria of
2 this subsection (G)(3), the school district's Available Local
3 Resources shall be calculated under subsection (D) using the
4 district's Extension Limitation Equalized Assessed Valuation
5 as calculated under this subsection (G)(3).
6     For purposes of this subsection (G)(3) the following terms
7 shall have the following meanings:
8         "Budget Year": The school year for which general State
9     aid is calculated and awarded under subsection (E).
10         "Base Tax Year": The property tax levy year used to
11     calculate the Budget Year allocation of general State aid.
12         "Preceding Tax Year": The property tax levy year
13     immediately preceding the Base Tax Year.
14         "Base Tax Year's Tax Extension": The product of the
15     equalized assessed valuation utilized by the County Clerk
16     in the Base Tax Year multiplied by the limiting rate as
17     calculated by the County Clerk and defined in the Property
18     Tax Extension Limitation Law.
19         "Preceding Tax Year's Tax Extension": The product of
20     the equalized assessed valuation utilized by the County
21     Clerk in the Preceding Tax Year multiplied by the Operating
22     Tax Rate as defined in subsection (A).
23         "Extension Limitation Ratio": A numerical ratio,
24     certified by the County Clerk, in which the numerator is
25     the Base Tax Year's Tax Extension and the denominator is
26     the Preceding Tax Year's Tax Extension.
27         "Operating Tax Rate": The operating tax rate as defined
28     in subsection (A).
29     If a school district is subject to property tax extension
30 limitations as imposed under the Property Tax Extension
31 Limitation Law, the State Board of Education shall calculate
32 the Extension Limitation Equalized Assessed Valuation of that
33 district. For the 1999-2000 school year, the Extension
34 Limitation Equalized Assessed Valuation of a school district as
35 calculated by the State Board of Education shall be equal to
36 the product of the district's 1996 Equalized Assessed Valuation

 

 

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1 and the district's Extension Limitation Ratio. For the
2 2000-2001 school year and each school year thereafter, the
3 Extension Limitation Equalized Assessed Valuation of a school
4 district as calculated by the State Board of Education shall be
5 equal to the product of the Equalized Assessed Valuation last
6 used in the calculation of general State aid and the district's
7 Extension Limitation Ratio. If the Extension Limitation
8 Equalized Assessed Valuation of a school district as calculated
9 under this subsection (G)(3) is less than the district's
10 equalized assessed valuation as calculated pursuant to
11 subsections (G)(1) and (G)(2), then for purposes of calculating
12 the district's general State aid for the Budget Year pursuant
13 to subsection (E), that Extension Limitation Equalized
14 Assessed Valuation shall be utilized to calculate the
15 district's Available Local Resources under subsection (D).
16     (4) For the purposes of calculating general State aid for
17 the 1999-2000 school year only, if a school district
18 experienced a triennial reassessment on the equalized assessed
19 valuation used in calculating its general State financial aid
20 apportionment for the 1998-1999 school year, the State Board of
21 Education shall calculate the Extension Limitation Equalized
22 Assessed Valuation that would have been used to calculate the
23 district's 1998-1999 general State aid. This amount shall equal
24 the product of the equalized assessed valuation used to
25 calculate general State aid for the 1997-1998 school year and
26 the district's Extension Limitation Ratio. If the Extension
27 Limitation Equalized Assessed Valuation of the school district
28 as calculated under this paragraph (4) is less than the
29 district's equalized assessed valuation utilized in
30 calculating the district's 1998-1999 general State aid
31 allocation, then for purposes of calculating the district's
32 general State aid pursuant to paragraph (5) of subsection (E),
33 that Extension Limitation Equalized Assessed Valuation shall
34 be utilized to calculate the district's Available Local
35 Resources.
36     (5) For school districts having a majority of their

 

 

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1 equalized assessed valuation in any county except Cook, DuPage,
2 Kane, Lake, McHenry, or Will, if the amount of general State
3 aid allocated to the school district for the 1999-2000 school
4 year under the provisions of subsection (E), (H), and (J) of
5 this Section is less than the amount of general State aid
6 allocated to the district for the 1998-1999 school year under
7 these subsections, then the general State aid of the district
8 for the 1999-2000 school year only shall be increased by the
9 difference between these amounts. The total payments made under
10 this paragraph (5) shall not exceed $14,000,000. Claims shall
11 be prorated if they exceed $14,000,000.
 
12 (H) Supplemental General State Aid.
13     (1) In addition to the general State aid a school district
14 is allotted pursuant to subsection (E), qualifying school
15 districts shall receive a grant, paid in conjunction with a
16 district's payments of general State aid, for supplemental
17 general State aid based upon the concentration level of
18 children from low-income households within the school
19 district. Supplemental State aid grants provided for school
20 districts under this subsection shall be appropriated for
21 distribution to school districts as part of the same line item
22 in which the general State financial aid of school districts is
23 appropriated under this Section. If the appropriation in any
24 fiscal year for general State aid and supplemental general
25 State aid is insufficient to pay the amounts required under the
26 general State aid and supplemental general State aid
27 calculations, then the State Board of Education shall ensure
28 that each school district receives the full amount due for
29 general State aid and the remainder of the appropriation shall
30 be used for supplemental general State aid, which the State
31 Board of Education shall calculate and pay to eligible
32 districts on a prorated basis.
33     (1.5) This paragraph (1.5) applies only to those school
34 years preceding the 2003-2004 school year. For purposes of this
35 subsection (H), the term "Low-Income Concentration Level"

 

 

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1 shall be the low-income eligible pupil count from the most
2 recently available federal census divided by the Average Daily
3 Attendance of the school district. If, however, (i) the
4 percentage decrease from the 2 most recent federal censuses in
5 the low-income eligible pupil count of a high school district
6 with fewer than 400 students exceeds by 75% or more the
7 percentage change in the total low-income eligible pupil count
8 of contiguous elementary school districts, whose boundaries
9 are coterminous with the high school district, or (ii) a high
10 school district within 2 counties and serving 5 elementary
11 school districts, whose boundaries are coterminous with the
12 high school district, has a percentage decrease from the 2 most
13 recent federal censuses in the low-income eligible pupil count
14 and there is a percentage increase in the total low-income
15 eligible pupil count of a majority of the elementary school
16 districts in excess of 50% from the 2 most recent federal
17 censuses, then the high school district's low-income eligible
18 pupil count from the earlier federal census shall be the number
19 used as the low-income eligible pupil count for the high school
20 district, for purposes of this subsection (H). The changes made
21 to this paragraph (1) by Public Act 92-28 shall apply to
22 supplemental general State aid grants for school years
23 preceding the 2003-2004 school year that are paid in fiscal
24 year 1999 or thereafter and to any State aid payments made in
25 fiscal year 1994 through fiscal year 1998 pursuant to
26 subsection 1(n) of Section 18-8 of this Code (which was
27 repealed on July 1, 1998), and any high school district that is
28 affected by Public Act 92-28 is entitled to a recomputation of
29 its supplemental general State aid grant or State aid paid in
30 any of those fiscal years. This recomputation shall not be
31 affected by any other funding.
32     (1.10) This paragraph (1.10) applies to the 2003-2004
33 school year and each school year thereafter. For purposes of
34 this subsection (H), the term "Low-Income Concentration Level"
35 shall, for each fiscal year, be the low-income eligible pupil
36 count as of July 1 of the immediately preceding fiscal year (as

 

 

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1 determined by the Department of Human Services based on the
2 number of pupils who are eligible for at least one of the
3 following low income programs: Medicaid, KidCare, TANF, or Food
4 Stamps, excluding pupils who are eligible for services provided
5 by the Department of Children and Family Services, averaged
6 over the 2 immediately preceding fiscal years for fiscal year
7 2004 and over the 3 immediately preceding fiscal years for each
8 fiscal year thereafter) divided by the Average Daily Attendance
9 of the school district.
10     (2) Supplemental general State aid pursuant to this
11 subsection (H) shall be provided as follows for the 1998-1999,
12 1999-2000, and 2000-2001 school years only:
13         (a) For any school district with a Low Income
14     Concentration Level of at least 20% and less than 35%, the
15     grant for any school year shall be $800 multiplied by the
16     low income eligible pupil count.
17         (b) For any school district with a Low Income
18     Concentration Level of at least 35% and less than 50%, the
19     grant for the 1998-1999 school year shall be $1,100
20     multiplied by the low income eligible pupil count.
21         (c) For any school district with a Low Income
22     Concentration Level of at least 50% and less than 60%, the
23     grant for the 1998-99 school year shall be $1,500
24     multiplied by the low income eligible pupil count.
25         (d) For any school district with a Low Income
26     Concentration Level of 60% or more, the grant for the
27     1998-99 school year shall be $1,900 multiplied by the low
28     income eligible pupil count.
29         (e) For the 1999-2000 school year, the per pupil amount
30     specified in subparagraphs (b), (c), and (d) immediately
31     above shall be increased to $1,243, $1,600, and $2,000,
32     respectively.
33         (f) For the 2000-2001 school year, the per pupil
34     amounts specified in subparagraphs (b), (c), and (d)
35     immediately above shall be $1,273, $1,640, and $2,050,
36     respectively.

 

 

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1     (2.5) Supplemental general State aid pursuant to this
2 subsection (H) shall be provided as follows for the 2002-2003
3 school year:
4         (a) For any school district with a Low Income
5     Concentration Level of less than 10%, the grant for each
6     school year shall be $355 multiplied by the low income
7     eligible pupil count.
8         (b) For any school district with a Low Income
9     Concentration Level of at least 10% and less than 20%, the
10     grant for each school year shall be $675 multiplied by the
11     low income eligible pupil count.
12         (c) For any school district with a Low Income
13     Concentration Level of at least 20% and less than 35%, the
14     grant for each school year shall be $1,330 multiplied by
15     the low income eligible pupil count.
16         (d) For any school district with a Low Income
17     Concentration Level of at least 35% and less than 50%, the
18     grant for each school year shall be $1,362 multiplied by
19     the low income eligible pupil count.
20         (e) For any school district with a Low Income
21     Concentration Level of at least 50% and less than 60%, the
22     grant for each school year shall be $1,680 multiplied by
23     the low income eligible pupil count.
24         (f) For any school district with a Low Income
25     Concentration Level of 60% or more, the grant for each
26     school year shall be $2,080 multiplied by the low income
27     eligible pupil count.
28     (2.10) Except as otherwise provided, supplemental general
29 State aid pursuant to this subsection (H) shall be provided as
30 follows for the 2003-2004 school year and each school year
31 thereafter:
32         (a) For any school district with a Low Income
33     Concentration Level of 15% or less, the grant for each
34     school year shall be $355 multiplied by the low income
35     eligible pupil count.
36         (b) For any school district with a Low Income

 

 

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1     Concentration Level greater than 15%, the grant for each
2     school year shall be $294.25 added to the product of $2,700
3     and the square of the Low Income Concentration Level, all
4     multiplied by the low income eligible pupil count.
5     For the 2003-2004 and 2004-2005 school year only, the grant
6 shall be no less than the grant for the 2002-2003 school year.
7 For the 2005-2006 school year only, the grant shall be no less
8 than the grant for the 2002-2003 school year multiplied by
9 0.66. For the 2006-2007 school year only, the grant shall be no
10 less than the grant for the 2002-2003 school year multiplied by
11 0.33.
12     For the 2003-2004 school year only, the grant shall be no
13 greater than the grant received during the 2002-2003 school
14 year added to the product of 0.25 multiplied by the difference
15 between the grant amount calculated under subsection (a) or (b)
16 of this paragraph (2.10), whichever is applicable, and the
17 grant received during the 2002-2003 school year. For the
18 2004-2005 school year only, the grant shall be no greater than
19 the grant received during the 2002-2003 school year added to
20 the product of 0.50 multiplied by the difference between the
21 grant amount calculated under subsection (a) or (b) of this
22 paragraph (2.10), whichever is applicable, and the grant
23 received during the 2002-2003 school year. For the 2005-2006
24 school year only, the grant shall be no greater than the grant
25 received during the 2002-2003 school year added to the product
26 of 0.75 multiplied by the difference between the grant amount
27 calculated under subsection (a) or (b) of this paragraph
28 (2.10), whichever is applicable, and the grant received during
29 the 2002-2003 school year.
30     (3) School districts with an Average Daily Attendance of
31 more than 1,000 and less than 50,000 that qualify for
32 supplemental general State aid pursuant to this subsection
33 shall submit a plan to the State Board of Education prior to
34 October 30 of each year for the use of the funds resulting from
35 this grant of supplemental general State aid for the
36 improvement of instruction in which priority is given to

 

 

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1 meeting the education needs of disadvantaged children. Such
2 plan shall be submitted in accordance with rules and
3 regulations promulgated by the State Board of Education.
4     (4) School districts with an Average Daily Attendance of
5 50,000 or more that qualify for supplemental general State aid
6 pursuant to this subsection shall be required to distribute
7 from funds available pursuant to this Section, no less than
8 $261,000,000 in accordance with the following requirements:
9         (a) The required amounts shall be distributed to the
10     attendance centers within the district in proportion to the
11     number of pupils enrolled at each attendance center who are
12     eligible to receive free or reduced-price lunches or
13     breakfasts under the federal Child Nutrition Act of 1966
14     and under the National School Lunch Act during the
15     immediately preceding school year.
16         (b) The distribution of these portions of supplemental
17     and general State aid among attendance centers according to
18     these requirements shall not be compensated for or
19     contravened by adjustments of the total of other funds
20     appropriated to any attendance centers, and the Board of
21     Education shall utilize funding from one or several sources
22     in order to fully implement this provision annually prior
23     to the opening of school.
24         (c) Each attendance center shall be provided by the
25     school district a distribution of noncategorical funds and
26     other categorical funds to which an attendance center is
27     entitled under law in order that the general State aid and
28     supplemental general State aid provided by application of
29     this subsection supplements rather than supplants the
30     noncategorical funds and other categorical funds provided
31     by the school district to the attendance centers.
32         (d) Any funds made available under this subsection that
33     by reason of the provisions of this subsection are not
34     required to be allocated and provided to attendance centers
35     may be used and appropriated by the board of the district
36     for any lawful school purpose.

 

 

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

 

 

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1     attendance centers in accordance with an approved plan, the
2     plan for the following year shall allocate funds, in
3     addition to the funds otherwise required by this
4     subsection, to those attendance centers which were
5     underfunded during the previous year in amounts equal to
6     such underfunding.
7         For purposes of determining compliance with this
8     subsection in relation to the requirements of attendance
9     center funding, each district subject to the provisions of
10     this subsection shall submit as a separate document by
11     December 1 of each year a report of expenditure data for
12     the prior year in addition to any modification of its
13     current plan. If it is determined that there has been a
14     failure to comply with the expenditure provisions of this
15     subsection regarding contravention or supplanting, the
16     State Superintendent of Education shall, within 60 days of
17     receipt of the report, notify the district and any affected
18     local school council. The district shall within 45 days of
19     receipt of that notification inform the State
20     Superintendent of Education of the remedial or corrective
21     action to be taken, whether by amendment of the current
22     plan, if feasible, or by adjustment in the plan for the
23     following year. Failure to provide the expenditure report
24     or the notification of remedial or corrective action in a
25     timely manner shall result in a withholding of the affected
26     funds.
27         The State Board of Education shall promulgate rules and
28     regulations to implement the provisions of this
29     subsection. No funds shall be released under this
30     subdivision (H)(4) to any district that has not submitted a
31     plan that has been approved by the State Board of
32     Education.
 
33 (I) General State Aid for Newly Configured School Districts.
34     (1) For a new school district formed by combining property
35 included totally within 2 or more previously existing school

 

 

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1 districts, for its first year of existence the general State
2 aid and supplemental general State aid calculated under this
3 Section shall be computed for the new district and for the
4 previously existing districts for which property is totally
5 included within the new district. If the computation on the
6 basis of the previously existing districts is greater, a
7 supplementary payment equal to the difference shall be made for
8 the first 4 years of existence of the new district.
9     (2) For a school district which annexes all of the
10 territory of one or more entire other school districts, for the
11 first year during which the change of boundaries attributable
12 to such annexation becomes effective for all purposes as
13 determined under Section 7-9 or 7A-8, the general State aid and
14 supplemental general State aid calculated under this Section
15 shall be computed for the annexing district as constituted
16 after the annexation and for the annexing and each annexed
17 district as constituted prior to the annexation; and if the
18 computation on the basis of the annexing and annexed districts
19 as constituted prior to the annexation is greater, a
20 supplementary payment equal to the difference shall be made for
21 the first 4 years of existence of the annexing school district
22 as constituted upon such annexation.
23     (3) For 2 or more school districts which annex all of the
24 territory of one or more entire other school districts, and for
25 2 or more community unit districts which result upon the
26 division (pursuant to petition under Section 11A-2) of one or
27 more other unit school districts into 2 or more parts and which
28 together include all of the parts into which such other unit
29 school district or districts are so divided, for the first year
30 during which the change of boundaries attributable to such
31 annexation or division becomes effective for all purposes as
32 determined under Section 7-9 or 11A-10, as the case may be, the
33 general State aid and supplemental general State aid calculated
34 under this Section shall be computed for each annexing or
35 resulting district as constituted after the annexation or
36 division and for each annexing and annexed district, or for

 

 

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1 each resulting and divided district, as constituted prior to
2 the annexation or division; and if the aggregate of the general
3 State aid and supplemental general State aid as so computed for
4 the annexing or resulting districts as constituted after the
5 annexation or division is less than the aggregate of the
6 general State aid and supplemental general State aid as so
7 computed for the annexing and annexed districts, or for the
8 resulting and divided districts, as constituted prior to the
9 annexation or division, then a supplementary payment equal to
10 the difference shall be made and allocated between or among the
11 annexing or resulting districts, as constituted upon such
12 annexation or division, for the first 4 years of their
13 existence. The total difference payment shall be allocated
14 between or among the annexing or resulting districts in the
15 same ratio as the pupil enrollment from that portion of the
16 annexed or divided district or districts which is annexed to or
17 included in each such annexing or resulting district bears to
18 the total pupil enrollment from the entire annexed or divided
19 district or districts, as such pupil enrollment is determined
20 for the school year last ending prior to the date when the
21 change of boundaries attributable to the annexation or division
22 becomes effective for all purposes. The amount of the total
23 difference payment and the amount thereof to be allocated to
24 the annexing or resulting districts shall be computed by the
25 State Board of Education on the basis of pupil enrollment and
26 other data which shall be certified to the State Board of
27 Education, on forms which it shall provide for that purpose, by
28 the regional superintendent of schools for each educational
29 service region in which the annexing and annexed districts, or
30 resulting and divided districts are located.
31     (3.5) Claims for financial assistance under this
32 subsection (I) shall not be recomputed except as expressly
33 provided under this Section.
34     (4) Any supplementary payment made under this subsection
35 (I) shall be treated as separate from all other payments made
36 pursuant to this Section.
 

 

 

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1 (J) Supplementary Grants in Aid.
2     (1) Notwithstanding any other provisions of this Section,
3 the amount of the aggregate general State aid in combination
4 with supplemental general State aid under this Section for
5 which each school district is eligible shall be no less than
6 the amount of the aggregate general State aid entitlement that
7 was received by the district under Section 18-8 (exclusive of
8 amounts received under subsections 5(p) and 5(p-5) of that
9 Section) for the 1997-98 school year, pursuant to the
10 provisions of that Section as it was then in effect. If a
11 school district qualifies to receive a supplementary payment
12 made under this subsection (J), the amount of the aggregate
13 general State aid in combination with supplemental general
14 State aid under this Section which that district is eligible to
15 receive for each school year shall be no less than the amount
16 of the aggregate general State aid entitlement that was
17 received by the district under Section 18-8 (exclusive of
18 amounts received under subsections 5(p) and 5(p-5) of that
19 Section) for the 1997-1998 school year, pursuant to the
20 provisions of that Section as it was then in effect.
21     (2) If, as provided in paragraph (1) of this subsection
22 (J), a school district is to receive aggregate general State
23 aid in combination with supplemental general State aid under
24 this Section for the 1998-99 school year and any subsequent
25 school year that in any such school year is less than the
26 amount of the aggregate general State aid entitlement that the
27 district received for the 1997-98 school year, the school
28 district shall also receive, from a separate appropriation made
29 for purposes of this subsection (J), a supplementary payment
30 that is equal to the amount of the difference in the aggregate
31 State aid figures as described in paragraph (1).
32     (3) (Blank).
 
33 (K) Grants to Laboratory and Alternative Schools.
34     In calculating the amount to be paid to the governing board

 

 

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1 of a public university that operates a laboratory school under
2 this Section or to any alternative school that is operated by a
3 regional superintendent of schools, the State Board of
4 Education shall require by rule such reporting requirements as
5 it deems necessary.
6     As used in this Section, "laboratory school" means a public
7 school which is created and operated by a public university and
8 approved by the State Board of Education. The governing board
9 of a public university which receives funds from the State
10 Board under this subsection (K) may not increase the number of
11 students enrolled in its laboratory school from a single
12 district, if that district is already sending 50 or more
13 students, except under a mutual agreement between the school
14 board of a student's district of residence and the university
15 which operates the laboratory school. A laboratory school may
16 not have more than 1,000 students, excluding students with
17 disabilities in a special education program.
18     As used in this Section, "alternative school" means a
19 public school which is created and operated by a Regional
20 Superintendent of Schools and approved by the State Board of
21 Education. Such alternative schools may offer courses of
22 instruction for which credit is given in regular school
23 programs, courses to prepare students for the high school
24 equivalency testing program or vocational and occupational
25 training. A regional superintendent of schools may contract
26 with a school district or a public community college district
27 to operate an alternative school. An alternative school serving
28 more than one educational service region may be established by
29 the regional superintendents of schools of the affected
30 educational service regions. An alternative school serving
31 more than one educational service region may be operated under
32 such terms as the regional superintendents of schools of those
33 educational service regions may agree.
34     Each laboratory and alternative school shall file, on forms
35 provided by the State Superintendent of Education, an annual
36 State aid claim which states the Average Daily Attendance of

 

 

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1 the school's students by month. The best 3 months' Average
2 Daily Attendance shall be computed for each school. The general
3 State aid entitlement shall be computed by multiplying the
4 applicable Average Daily Attendance by the Foundation Level as
5 determined under this Section.
 
6 (L) Payments, Additional Grants in Aid and Other Requirements.
7     (1) For a school district operating under the financial
8 supervision of an Authority created under Article 34A, the
9 general State aid otherwise payable to that district under this
10 Section, but not the supplemental general State aid, shall be
11 reduced by an amount equal to the budget for the operations of
12 the Authority as certified by the Authority to the State Board
13 of Education, and an amount equal to such reduction shall be
14 paid to the Authority created for such district for its
15 operating expenses in the manner provided in Section 18-11. The
16 remainder of general State school aid for any such district
17 shall be paid in accordance with Article 34A when that Article
18 provides for a disposition other than that provided by this
19 Article.
20     (2) (Blank).
21     (3) Summer school. Summer school payments shall be made as
22 provided in Section 18-4.3.
 
23 (M) Education Funding Advisory Board.
24     The Education Funding Advisory Board, hereinafter in this
25 subsection (M) referred to as the "Board", is hereby created.
26 The Board shall consist of 5 members who are appointed by the
27 Governor, by and with the advice and consent of the Senate. The
28 members appointed shall include representatives of education,
29 business, and the general public. One of the members so
30 appointed shall be designated by the Governor at the time the
31 appointment is made as the chairperson of the Board. The
32 initial members of the Board may be appointed any time after
33 the effective date of this amendatory Act of 1997. The regular
34 term of each member of the Board shall be for 4 years from the

 

 

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1 third Monday of January of the year in which the term of the
2 member's appointment is to commence, except that of the 5
3 initial members appointed to serve on the Board, the member who
4 is appointed as the chairperson shall serve for a term that
5 commences on the date of his or her appointment and expires on
6 the third Monday of January, 2002, and the remaining 4 members,
7 by lots drawn at the first meeting of the Board that is held
8 after all 5 members are appointed, shall determine 2 of their
9 number to serve for terms that commence on the date of their
10 respective appointments and expire on the third Monday of
11 January, 2001, and 2 of their number to serve for terms that
12 commence on the date of their respective appointments and
13 expire on the third Monday of January, 2000. All members
14 appointed to serve on the Board shall serve until their
15 respective successors are appointed and confirmed. Vacancies
16 shall be filled in the same manner as original appointments. If
17 a vacancy in membership occurs at a time when the Senate is not
18 in session, the Governor shall make a temporary appointment
19 until the next meeting of the Senate, when he or she shall
20 appoint, by and with the advice and consent of the Senate, a
21 person to fill that membership for the unexpired term. If the
22 Senate is not in session when the initial appointments are
23 made, those appointments shall be made as in the case of
24 vacancies.
25     The Education Funding Advisory Board shall be deemed
26 established, and the initial members appointed by the Governor
27 to serve as members of the Board shall take office, on the date
28 that the Governor makes his or her appointment of the fifth
29 initial member of the Board, whether those initial members are
30 then serving pursuant to appointment and confirmation or
31 pursuant to temporary appointments that are made by the
32 Governor as in the case of vacancies.
33     The State Board of Education shall provide such staff
34 assistance to the Education Funding Advisory Board as is
35 reasonably required for the proper performance by the Board of
36 its responsibilities.

 

 

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1     For school years after the 2000-2001 school year, the
2 Education Funding Advisory Board, in consultation with the
3 State Board of Education, shall make recommendations as
4 provided in this subsection (M) to the General Assembly for the
5 foundation level under subdivision (B)(3) of this Section and
6 for the supplemental general State aid grant level under
7 subsection (H) of this Section for districts with high
8 concentrations of children from poverty. The recommended
9 foundation level shall be determined based on a methodology
10 which incorporates the basic education expenditures of
11 low-spending schools exhibiting high academic performance. The
12 Education Funding Advisory Board shall make such
13 recommendations to the General Assembly on January 1 of odd
14 numbered years, beginning January 1, 2001.
 
15 (N) (Blank).
 
16 (O) References.
17     (1) References in other laws to the various subdivisions of
18 Section 18-8 as that Section existed before its repeal and
19 replacement by this Section 18-8.05 shall be deemed to refer to
20 the corresponding provisions of this Section 18-8.05, to the
21 extent that those references remain applicable.
22     (2) References in other laws to State Chapter 1 funds shall
23 be deemed to refer to the supplemental general State aid
24 provided under subsection (H) of this Section.
 
25 (P) Public Act 93-838 This amendatory Act of the 93rd General
26 Assembly and Public Act 93-808 House Bill 4266 of the 93rd
27 General Assembly make inconsistent changes to this Section. If
28 House Bill 4266 becomes law, then Under Section 6 of the
29 Statute on Statutes there is an irreconcilable conflict between
30 Public Act 93-808 and Public Act 93-838 House Bill 4266 and
31 this amendatory Act. Public Act 93-838 This amendatory Act,
32 being the last acted upon, is controlling. The text of Public
33 Act 93-838 this amendatory Act is the law regardless of the

 

 

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1 text of Public Act 93-808 House Bill 4266.
2 (Source: P.A. 92-16, eff. 6-28-01; 92-28, eff. 7-1-01; 92-29,
3 eff. 7-1-01; 92-269, eff. 8-7-01; 92-604, eff. 7-1-02; 92-636,
4 eff. 7-11-02; 92-651, eff. 7-11-02; 93-21, eff. 7-1-03; 93-715,
5 eff. 7-12-04; 93-808, eff. 7-26-04; 93-838, eff. 7-30-04;
6 93-875, eff. 8-6-04; revised 10-21-04.)
 
7     (105 ILCS 5/18-11)  (from Ch. 122, par. 18-11)
8     Sec. 18-11. Payment of claims.
9     (a) Except as provided in subsection (b) of this Section,
10 and except as provided in subsection (c) of this Section with
11 respect to payments made under Sections 18-8 through 18-10 for
12 fiscal year 1994 only, as soon as may be after the 10th and
13 20th days of each of the months of August through the following
14 July if moneys are available in the common school fund in the
15 State treasury for payments under Sections 18-8.05 18-8 through
16 18-9 18-10 the State Comptroller shall draw his warrants upon
17 the State Treasurer as directed by the State Board of Education
18 pursuant to Section 2-3.17b and in accordance with the
19 transfers from the General Revenue Fund to the Common School
20 Fund as specified in Section 8a of the State Finance Act.
21     Each such semimonthly warrant shall be in an amount equal
22 to 1/24 of the total amount to be distributed to school
23 districts for the fiscal year. The amount of payments made in
24 July of each year shall be considered as payments for claims
25 covering the school year that commenced during the immediately
26 preceding calendar year. If the payments provided for under
27 Sections 18-8.05 18-8 through 18-9 18-10 have been assigned as
28 security for State aid anticipation certificates pursuant to
29 Section 18-18, the State Board of Education shall pay the
30 appropriate amount of the payment, as specified in the
31 notification required by Section 18-18, directly to the
32 assignee.
33     (b) As soon as may be after the 10th and 20th days of each
34 of the months of June, 1982 through July, 1983, if moneys are
35 available in the Common School Fund in the State treasury for

 

 

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1 payments under Sections 18-8 through 18-10, the State
2 Comptroller shall draw his warrants upon the State Treasurer
3 proportionate for the various counties payable to the regional
4 superintendent of schools in accordance with the transfers from
5 the General Revenue Fund to the Common School Fund as specified
6 in Section 8a of the State Finance Act.
7     Each such semimonthly warrant for the months of June and
8 July, 1982 shall be in an amount equal to 1/24 of the total
9 amount to be distributed to school districts by the regional
10 superintendent for school year 1981-1982.
11     Each such semimonthly warrant for the months of August,
12 1982 through July, 1983 shall be in an amount equal to 1/24 of
13 the total amount to be distributed to school districts by the
14 regional superintendent for school year 1982-1983.
15     The State Superintendent of Education shall, from monies
16 appropriated for such purpose, compensate districts for
17 interest lost arising from the change in payments in June, 1982
18 to payments in the months of June and July, 1982, for claims
19 arising from school year 1981-1982. The amount appropriated for
20 such purpose shall be based upon the Prime Commercial Rate in
21 effect May 15, 1982. The amount of such compensation shall be
22 equal to the ratio of the district's net State aid entitlement
23 for school year 1981-1982 divided by the total net State aid
24 entitlement times the funds appropriated for such purpose.
25 Payment in full of the amount of compensation derived from the
26 computation required in the preceding sentence shall be made as
27 soon as may be after July 1, 1982 upon warrants payable to the
28 several regional superintendents of schools.
29     The State Superintendent of Education shall, from monies
30 appropriated for such purpose, compensate districts for
31 interest lost arising from the change in payments in June, 1983
32 to payments in the months of June and July, 1983, for claims
33 arising from school year 1982-1983. The amount appropriated for
34 such purpose shall be based upon an interest rate of no less
35 than 15 per cent or the Prime Commercial Rate in effect May 15,
36 1983, whichever is greater. The amount of such compensation

 

 

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1 shall be equal to the ratio of the district's net State aid
2 entitlement for school year 1982-1983 divided by the total net
3 State aid entitlement times the funds appropriated for such
4 purpose. Payment in full of the amount of compensation derived
5 from the computation required in the preceding sentence shall
6 be made as soon as may be after July 1, 1983 upon warrants
7 payable to the several regional superintendents of schools.
8     The State Superintendent of Education shall, from monies
9 appropriated for such purpose, compensate districts for
10 interest lost arising from the change in payments in June, 1992
11 and each year thereafter to payments in the months of June and
12 July, 1992 and each year thereafter. The amount appropriated
13 for such purpose shall be based upon the Prime Commercial Rate
14 in effect June 15, 1992 and June 15 annually thereafter. The
15 amount of such compensation shall be equal to the ratio of the
16 district's net State aid entitlement divided by the total net
17 State aid entitlement times the amount of funds appropriated
18 for such purpose. Payment of the compensation shall be made as
19 soon as may be after July 1 upon warrants payable to the
20 several regional superintendents of schools.
21     The regional superintendents shall make payments to their
22 respective school districts as soon as may be after receipt of
23 the warrants unless the payments have been assigned as security
24 for State aid anticipation certificates pursuant to Section
25 18-18. If such an assignment has been made, the regional
26 superintendent shall, as soon as may be after receipt of the
27 warrants, pay the appropriate amount of the payment as
28 specified in the notification required by Section 18-18,
29 directly to the assignee.
30     As used in this Section, "Prime Commercial Rate" means such
31 prime rate as from time to time is publicly announced by the
32 largest commercial banking institution in this State, measured
33 in terms of total assets.
34     (c) With respect to all school districts but for fiscal
35 year 1994 only, as soon as may be after the 10th and 20th days
36 of August, 1993 and as soon as may be after the 10th and 20th

 

 

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1 days of each of the months of October, 1993 through July, 1994
2 if moneys are available in the Common School Fund in the State
3 treasury for payments under Sections 18-8 through 18-10, the
4 State Comptroller shall draw his warrants upon the State
5 Treasurer as directed by the State Board of Education in
6 accordance with transfers from the General Revenue Fund to the
7 Common School Fund as specified in Section 8a of the State
8 Finance Act. The warrant for the 10th day of August, 1993 and
9 each semimonthly warrant for the months of October, 1993
10 through July, 1994 shall be in an amount equal to 1/24 of the
11 total amount to be distributed to that school district for
12 fiscal year 1994, and the warrant for the 20th day of August,
13 1993 shall be in an amount equal to 3/24 of that total. The
14 amount of payments made in July of 1994 shall be considered as
15 payments for claims covering the school year that commenced
16 during the immediately preceding calendar year.
17 (Source: P.A. 87-14; 87-887; 87-895; 88-45; 88-89; 88-641, eff.
18 9-9-94.)
 
19     (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
20     Sec. 18-12. Dates for filing State aid claims. The school
21 board of each school district shall require teachers,
22 principals, or superintendents to furnish from records kept by
23 them such data as it needs in preparing and certifying to the
24 regional superintendent its school district report of claims
25 provided in Sections 18-8.05 through 18-9 18-10 as required by
26 the State Superintendent of Education. The district claim shall
27 be based on the latest available equalized assessed valuation
28 and tax rates, as provided in Section 18-8.05 and shall use the
29 average daily attendance as determined by the method outlined
30 in Section 18-8.05 and shall be certified and filed with the
31 regional superintendent by June 21 for districts with an
32 official school calendar end date before June 15 or within 2
33 weeks following the official school calendar end date for
34 districts with a school year end date of June 15 or later. The
35 regional superintendent shall certify and file with the State

 

 

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1 Superintendent of Education district State aid claims by July 1
2 for districts with an official school calendar end date before
3 June 15 or no later than July 15 for districts with an official
4 school calendar end date of June 15 or later. Failure to so
5 file by these deadlines constitutes a forfeiture of the right
6 to receive payment by the State until such claim is filed and
7 vouchered for payment. The regional superintendent of schools
8 shall certify the county report of claims by July 15; and the
9 State Superintendent of Education shall voucher for payment
10 those claims to the State Comptroller as provided in Section
11 18-11.
12     Except as otherwise provided in this Section, if any school
13 district fails to provide the minimum school term specified in
14 Section 10-19, the State aid claim for that year shall be
15 reduced by the State Superintendent of Education in an amount
16 equivalent to .56818% for each day less than the number of days
17 required by this Code.
18     If the State Superintendent of Education determines that
19 the failure to provide the minimum school term was occasioned
20 by an act or acts of God, or was occasioned by conditions
21 beyond the control of the school district which posed a
22 hazardous threat to the health and safety of pupils, the State
23 aid claim need not be reduced.
24     If the State Superintendent of Education determines that
25 the failure to provide the minimum school term was due to a
26 school being closed on or after September 11, 2001 for more
27 than one-half day of attendance due to a bioterrorism or
28 terrorism threat that was investigated by a law enforcement
29 agency, the State aid claim shall not be reduced.
30     If, during any school day, (i) a school district has
31 provided at least one clock hour of instruction but must close
32 the schools due to adverse weather conditions or due to a
33 condition beyond the control of the school district that poses
34 a hazardous threat to the health and safety of pupils prior to
35 providing the minimum hours of instruction required for a full
36 day of attendance, or (ii) the school district must delay the

 

 

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1 start of the school day due to adverse weather conditions and
2 this delay prevents the district from providing the minimum
3 hours of instruction required for a full day of attendance, the
4 partial day of attendance may be counted as a full day of
5 attendance. The partial day of attendance and the reasons
6 therefor shall be certified in writing within a month of the
7 closing or delayed start by the local school district
8 superintendent to the Regional Superintendent of Schools for
9 forwarding to the State Superintendent of Education for
10 approval.
11     If a school building is ordered to be closed by the school
12 board, in consultation with a local emergency response agency,
13 due to a condition that poses a hazardous threat to the health
14 and safety of pupils, then the school district shall have a
15 grace period of 4 days in which the general State aid claim
16 shall not be reduced so that alternative housing of the pupils
17 may be located.
18     No exception to the requirement of providing a minimum
19 school term may be approved by the State Superintendent of
20 Education pursuant to this Section unless a school district has
21 first used all emergency days provided for in its regular
22 calendar.
23     If the State Superintendent of Education declares that an
24 energy shortage exists during any part of the school year for
25 the State or a designated portion of the State, a district may
26 operate the school attendance centers within the district 4
27 days of the week during the time of the shortage by extending
28 each existing school day by one clock hour of school work, and
29 the State aid claim shall not be reduced, nor shall the
30 employees of that district suffer any reduction in salary or
31 benefits as a result thereof. A district may operate all
32 attendance centers on this revised schedule, or may apply the
33 schedule to selected attendance centers, taking into
34 consideration such factors as pupil transportation schedules
35 and patterns and sources of energy for individual attendance
36 centers.

 

 

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1     No State aid claim may be filed for any district unless the
2 district superintendent executes and files with the State
3 Superintendent of Education, in the method prescribed by the
4 Superintendent, certification that the district has complied
5 with the requirements of Section 10-22.5 in regard to the
6 nonsegregation of pupils on account of color, creed, race, sex
7 or nationality.
8     No State aid claim may be filed for any district unless the
9 district superintendent executes and files with the State
10 Superintendent of Education, in the method prescribed by the
11 Superintendent, a sworn statement that to the best of his or
12 her knowledge or belief the employing or assigning personnel
13 have complied with Section 24-4 in all respects.
14     Electronically submitted State aid claims shall be
15 submitted by duly authorized district or regional individuals
16 over a secure network that is password protected. The
17 electronic submission of a State aid claim must be accompanied
18 with an affirmation that all of the provisions of Sections
19 18-8.05 through 18-9 18-10, 10-22.5, and 24-4 of this Code are
20 met in all respects.
21 (Source: P.A. 92-661, eff. 7-16-02; 93-54, eff. 7-1-03.)
 
22     (105 ILCS 5/34-56)  (from Ch. 122, par. 34-56)
23     Sec. 34-56. Amount to cover loss and cost of collecting tax
24 not added.
25     In ascertaining the rate per cent that will produce the
26 amount of any tax levied pursuant to the authority granted by
27 Section 34-53, Sections 34--53 and 34--54 the county clerk
28 shall not add any amount to cover the loss and cost of
29 collecting the tax.
30 (Source: Laws 1961, p. 31.)
 
31     (105 ILCS 5/34-73)  (from Ch. 122, par. 34-73)
32     Sec. 34-73. Certain taxes additional to maximum otherwise
33 authorized - not reducible. Each of the taxes authorized to be
34 levied by Sections 34-33, 34-39, 34-53.2, 34-53.3, 34-54.1,

 

 

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1 34-57, 34-58, 34-60, 34-62, and 34-69, and 34-72 of this Code,
2 and by Section 17-128 of the "Illinois Pension Code" shall be
3 in addition to and exclusive of the maximum of all other taxes
4 which the school district is authorized by law to levy upon the
5 aggregate valuation of all taxable property within the school
6 district or city and the county clerk in reducing taxes under
7 the provisions of the Property Tax Code shall not consider any
8 of such taxes therein authorized as a part of the tax levy of
9 the school district or city required to be included in the
10 aggregate of all taxes to be reduced and no reduction of any
11 tax levy made under the Property Tax Code shall diminish any
12 amount appropriated or levied for any such tax.
13 (Source: P.A. 88-670, eff. 12-2-94.)
 
14     (105 ILCS 5/34-74)  (from Ch. 122, par. 34-74)
15     Sec. 34-74. Custody of school moneys. Except as provided in
16 Article Articles 34A and 34B, and Section 34-29.2 of this Code,
17 all moneys raised by taxation for school purposes, or received
18 from the state common school fund, or from any other source for
19 school purposes, shall be held by the city treasurer,
20 ex-officio, as school treasurer, in separate funds for school
21 purposes, subject to the order of the board upon (i) its
22 warrants signed by its president and secretary and
23 countersigned by the mayor and city comptroller or (ii) its
24 checks, as defined in Section 3-104 of the Uniform Commercial
25 Code, signed by its president, secretary, and comptroller and
26 countersigned by the mayor and city comptroller.
27 (Source: P.A. 91-151, eff. 1-1-00.)
 
28     Section 25. The Public Community College Act is amended by
29 changing Section 2-12 as follows:
 
30     (110 ILCS 805/2-12)  (from Ch. 122, par. 102-12)
31     Sec. 2-12. The State Board shall have the power and it
32 shall be its duty:
33     (a) To provide statewide planning for community colleges as

 

 

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1 institutions of higher education and co-ordinate the programs,
2 services and activities of all community colleges in the State
3 so as to encourage and establish a system of locally initiated
4 and administered comprehensive community colleges.
5     (b) To organize and conduct feasibility surveys for new
6 community colleges or for the inclusion of existing
7 institutions as community colleges and the locating of new
8 institutions.
9     (c) To approve all locally funded capital projects for
10 which no State monies are required, in accordance with
11 standards established by rule.
12     (d) To cooperate with the community colleges in continuing
13 studies of student characteristics, admission standards,
14 grading policies, performance of transfer students,
15 qualification and certification of facilities and any other
16 problem of community college education.
17     (e) To enter into contracts with other governmental
18 agencies and eligible providers, such as local educational
19 agencies, community-based organizations of demonstrated
20 effectiveness, volunteer literacy organizations of
21 demonstrated effectiveness, institutions of higher education,
22 public and private nonprofit agencies, libraries, and public
23 housing authorities; to accept federal funds and to plan with
24 other State agencies when appropriate for the allocation of
25 such federal funds for instructional programs and student
26 services including such funds for adult education and adult
27 literacy, vocational and technical education, and retraining
28 as may be allocated by state and federal agencies for the aid
29 of community colleges. To receive, receipt for, hold in trust,
30 expend and administer, for all purposes of this Act, funds and
31 other aid made available by the federal government or by other
32 agencies public or private, subject to appropriation by the
33 General Assembly. The changes to this subdivision (e) made by
34 this amendatory Act of the 91st General Assembly apply on and
35 after July 1, 2001.
36     (f) To determine efficient and adequate standards for

 

 

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1 community colleges for the physical plant, heating, lighting,
2 ventilation, sanitation, safety, equipment and supplies,
3 instruction and teaching, curriculum, library, operation,
4 maintenance, administration and supervision, and to grant
5 recognition certificates to community colleges meeting such
6 standards.
7     (g) To determine the standards for establishment of
8 community colleges and the proper location of the site in
9 relation to existing institutions of higher education offering
10 academic, occupational and technical training curricula,
11 possible enrollment, assessed valuation, industrial, business,
12 agricultural, and other conditions reflecting educational
13 needs in the area to be served; however, no community college
14 may be considered as being recognized nor may the establishment
15 of any community college be authorized in any district which
16 shall be deemed inadequate for the maintenance, in accordance
17 with the desirable standards thus determined, of a community
18 college offering the basic subjects of general education and
19 suitable vocational and semiprofessional and technical
20 curricula.
21     (h) To approve or disapprove new units of instruction,
22 research or public service as defined in Section 3-25.1 of this
23 Act submitted by the boards of trustees of the respective
24 community college districts of this State. The State Board may
25 discontinue programs which fail to reflect the educational
26 needs of the area being served. The community college district
27 shall be granted 60 days following the State Board staff
28 recommendation and prior to the State Board's action to respond
29 to concerns regarding the program in question. If the State
30 Board acts to abolish a community college program, the
31 community college district has a right to appeal the decision
32 in accordance with administrative rules promulgated by the
33 State Board under the provisions of the Illinois Administrative
34 Procedure Act.
35     (i) To participate in, to recommend approval or
36 disapproval, and to assist in the coordination of the programs

 

 

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1 of community colleges participating in programs of
2 interinstitutional cooperation with other public or nonpublic
3 institutions of higher education. If the State Board does not
4 approve a particular cooperative agreement, the community
5 college district has a right to appeal the decision in
6 accordance with administrative rules promulgated by the State
7 Board under the provisions of the Illinois Administrative
8 Procedure Act.
9     (j) To establish guidelines regarding sabbatical leaves.
10     (k) To establish guidelines for the admission into special,
11 appropriate programs conducted or created by community
12 colleges for elementary and secondary school dropouts who have
13 received truant status from the school districts of this State
14 in compliance with Section 26-14 of The School Code.
15     (l) The Community College Board shall conduct a study of
16 community college teacher education courses to determine how
17 the community college system can increase its participation in
18 the preparation of elementary and secondary teachers.
19     (m) To establish by July 1, 1997 uniform financial
20 accounting and reporting standards and principles for
21 community colleges and develop procedures and systems for
22 community colleges for reporting financial data to the State
23 Board.
24     (n) To create and participate in the conduct and operation
25 of any corporation, joint venture, partnership, association,
26 or other organizational entity that has the power: (i) to
27 acquire land, buildings, and other capital equipment for the
28 use and benefit of the community colleges or their students;
29 (ii) to accept gifts and make grants for the use and benefit of
30 the community colleges or their students; (iii) to aid in the
31 instruction and education of students of community colleges;
32 and (iv) to promote activities to acquaint members of the
33 community with the facilities of the various community
34 colleges.
35     (o) On and after July 1, 2001, to ensure the effective
36 teaching of adults and to prepare them for success in

 

 

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1 employment and lifelong learning by administering a network of
2 providers, programs, and services to provide adult basic
3 education, adult secondary/general education development,
4 English as a second language, and any other instruction
5 designed to prepare adult students to function successfully in
6 society and to experience success in postsecondary education
7 and the world of work. In order to effect an orderly transition
8 as provided under Section 10-22.19a of the School Code and
9 Section 1-4 of the Adult Education Act, from July 1, 2000 until
10 July 1, 2001, the State Board of Education shall coordinate
11 administration of the powers and duties listed in this
12 subdivision (o) with the State Board.
13     (p) On and after July 1, 2001, to supervise the
14 administration of adult education and adult literacy programs,
15 to establish the standards for such courses of instruction and
16 supervise the administration thereof, to contract with other
17 State and local agencies and eligible providers, such as local
18 educational agencies, community-based organizations of
19 demonstrated effectiveness, volunteer literacy organizations
20 of demonstrated effectiveness, institutions of higher
21 education, public and private nonprofit agencies, libraries,
22 and public housing authorities, for the purpose of promoting
23 and establishing classes for instruction under these programs,
24 to contract with other State and local agencies to accept and
25 expend appropriations for educational purposes to reimburse
26 local eligible providers for the cost of these programs, and to
27 establish an advisory council consisting of all categories of
28 eligible providers; agency partners, such as the State Board of
29 Education, the Department of Human Services, the Department of
30 Employment Security, and the Secretary of State literacy
31 program; and other stakeholders to identify, deliberate, and
32 make recommendations to the State Board on adult education
33 policy and priorities. In order to effect an orderly transition
34 as provided under Section 10-22.19a of the School Code and
35 Section 1-4 of the Adult Education Act, from July 1, 2000 until
36 July 1, 2001, the State Board of Education shall coordinate

 

 

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1 administration of the powers and duties listed in this
2 subdivision (p) with the State Board. The State Board shall
3 support statewide geographic distribution; diversity of
4 eligible providers; and the adequacy, stability, and
5 predictability of funding so as not to disrupt or diminish, but
6 rather to enhance, adult education by this change of
7 administration.
8 (Source: P.A. 91-830, eff. 7-1-00.)
 
9     (20 ILCS 3105/9.04 rep.)
10     Section 80. The Capital Development Board Act is amended by
11 repealing Section 9.04.
 
12     (105 ILCS 5/1A-6 rep.)
13     (105 ILCS 5/1B-21 rep.)
14     (105 ILCS 5/2-3.16 rep.)
15     (105 ILCS 5/2-3.35 rep.)
16     (105 ILCS 5/2-3.37 rep.)
17     (105 ILCS 5/2-3.38 rep.)
18     (105 ILCS 5/2-3.40 rep.)
19     (105 ILCS 5/2-3.43 rep.)
20     (105 ILCS 5/2-3.52 rep.)
21     (105 ILCS 5/2-3.54 rep.)
22     (105 ILCS 5/2-3.55 rep.)
23     (105 ILCS 5/2-3.55A rep.)
24     (105 ILCS 5/2-3.67 rep.)
25     (105 ILCS 5/2-3.68 rep.)
26     (105 ILCS 5/2-3.72 rep.)
27     (105 ILCS 5/2-3.82 rep.)
28     (105 ILCS 5/2-3.85 rep.)
29     (105 ILCS 5/2-3.88 rep.)
30     (105 ILCS 5/2-3.90 rep.)
31     (105 ILCS 5/2-3.91 rep.)
32     (105 ILCS 5/2-3.100 rep.)
33     (105 ILCS 5/2-3.101 rep.)
34     (105 ILCS 5/2-3.106 rep.)

 

 

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1     (105 ILCS 5/2-3.110 rep.)
2     (105 ILCS 5/2-3.113 rep.)
3     (105 ILCS 5/2-3.114 rep.)
4     (105 ILCS 5/7-03 rep.)
5     (105 ILCS 5/Art. 7C rep.)
6     (105 ILCS 5/10-20.2b rep.)
7     (105 ILCS 5/10-20.9 rep.)
8     (105 ILCS 5/10-20.16 rep.)
9     (105 ILCS 5/10-20.25 rep.)
10     (105 ILCS 5/10-22.16 rep.)
11     (105 ILCS 5/10-22.17 rep.)
12     (105 ILCS 5/10-22.19a rep.)
13     (105 ILCS 5/10-22.38a rep.)
14     (105 ILCS 5/10-23.9 rep.)
15     (105 ILCS 5/13-1 rep.)
16     (105 ILCS 5/13-2 rep.)
17     (105 ILCS 5/13-3 rep.)
18     (105 ILCS 5/13-4 rep.)
19     (105 ILCS 5/13-5 rep.)
20     (105 ILCS 5/13-6 rep.)
21     (105 ILCS 5/13-7 rep.)
22     (105 ILCS 5/13-8 rep.)
23     (105 ILCS 5/13-9 rep.)
24     (105 ILCS 5/13-10 rep.)
25     (105 ILCS 5/13-11 rep.)
26     (105 ILCS 5/13-36 rep.)
27     (105 ILCS 5/14-3.02 rep.)
28     (105 ILCS 5/14-3.03 rep.)
29     (105 ILCS 5/14-12.02 rep.)
30     (105 ILCS 5/14C-2.1 rep.)
31     (105 ILCS 5/17-2.2b rep.)
32     (105 ILCS 5/17-2.6 rep.)
33     (105 ILCS 5/17-2.11b rep.)
34     (105 ILCS 5/17-3.1 rep.)
35     (105 ILCS 5/17-3.3 rep.)
36     (105 ILCS 5/17-8.01 rep.)

 

 

SB1856 Enrolled - 89 - LRB094 05848 LJB 35902 b

1     (105 ILCS 5/17-9.01 rep.)
2     (105 ILCS 5/17-13 rep.)
3     (105 ILCS 5/18-8.7 rep.)
4     (105 ILCS 5/18-10 rep.)
5     (105 ILCS 5/22-4 rep.)
6     (105 ILCS 5/22-9 rep.)
7     (105 ILCS 5/22-26 rep.)
8     (105 ILCS 5/24-19 rep.)
9     (105 ILCS 5/24-20 rep.)
10     (105 ILCS 5/24-22 rep.)
11     (105 ILCS 5/27-16 rep.)
12     (105 ILCS 5/28-3 rep.)
13     (105 ILCS 5/29-17 rep.)
14     (105 ILCS 5/29-18 rep.)
15     (105 ILCS 5/30-6 rep.)
16     (105 ILCS 5/30-14.1 rep.)
17     (105 ILCS 5/32-4.10a rep.)
18     (105 ILCS 5/34-21.5 rep.)
19     (105 ILCS 5/34-22.8 rep.)
20     (105 ILCS 5/34-42.1 rep.)
21     (105 ILCS 5/34-42.2 rep.)
22     (105 ILCS 5/34-54 rep.)
23     (105 ILCS 5/34-72 rep.)
24     (105 ILCS 5/34-87 rep.)
25     (105 ILCS 5/Art. 34B rep.)
26     (105 ILCS 5/Art. 35 rep.)
27     Section 85. The School Code is amended by repealing
28 Sections 1A-6, 1B-21, 2-3.16, 2-3.35, 2-3.37, 2-3.38, 2-3.40,
29 2-3.43, 2-3.52, 2-3.54, 2-3.55, 2-3.55A, 2-3.67, 2-3.68,
30 2-3.72, 2-3.82, 2-3.85, 2-3.88, 2-3.90, 2-3.91, 2-3.100,
31 2-3.101, 2-3.106, 2-3.110, 2-3.113, 2-3.114, 7-03, 10-20.2b,
32 10-20.9, 10-20.16, 10-20.25, 10-22.16, 10-22.17, 10-22.19a,
33 10-22.38a, 10-23.9, 13-1, 13-2, 13-3, 13-4, 13-5, 13-6, 13-7,
34 13-8, 13-9, 13-10, 13-11, 13-36, 14-3.02, 14-3.03, 14-12.02,
35 14C-2.1, 17-2.2b, 17-2.6, 17-2.11b, 17-3.1, 17-3.3, 17-8.01,
36 17-9.01, 17-13, 18-8.7, 18-10, 22-4, 22-9, 22-26, 24-19, 24-20,

 

 

SB1856 Enrolled - 90 - LRB094 05848 LJB 35902 b

1 24-22, 27-16, 28-3, 29-17, 29-18, 30-6, 30-14.1, 32-4.10a,
2 34-21.5, 34-22.8, 34-42.1, 34-42.2, 34-54, 34-72, and 34-87 and
3 Articles 7C, 34B, and 35.
 
4     (105 ILCS 205/Act rep.)
5      Section 90. The School District Educational Effectiveness
6 and Fiscal Efficiency Act is repealed.
 
7     Section 95. Saving clause. Any repeal made by this Act
8 shall not affect or impair any of the following: suits pending
9 or rights existing at the time this Act takes effect; any grant
10 or conveyance made or right acquired or cause of action now
11 existing under any Section, Article, or Act repealed by this
12 Act; the validity of any bonds or other obligations issued or
13 sold and constituting valid obligations of the issuing
14 authority at the time this Act takes effect; the validity of
15 any contract; the validity of any tax levied under any law in
16 effect prior to the effective date of this Act; or any offense
17 committed, act done, penalty, punishment, or forfeiture
18 incurred or any claim, right, power, or remedy accrued under
19 any law in effect prior to the effective date of this Act. The
20 repeal of any curative or validating Act under this Act shall
21 not affect the corporate existence or powers of any school
22 district lawfully validated thereby.