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09500HB0471sam002 |
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| federal trust fund in the State treasury. This fund is |
2 |
| established to receive funds from the federal Department of |
3 |
| Education, including non-indirect cost administrative funds |
4 |
| recovered from federal programs, for the specific purposes |
5 |
| established by the terms and conditions of federal awards. |
6 |
| Moneys in the SBE Federal Department of Education Fund shall be |
7 |
| used, subject to appropriation by the General Assembly, for |
8 |
| grants and contracts to local education agencies, colleges and |
9 |
| universities, and other State agencies and for administrative |
10 |
| expenses of the State Board of Education. However, |
11 |
| non-appropriated spending is allowed for the refund of |
12 |
| unexpended grant moneys to the federal government. The SBE |
13 |
| Federal Department of Education Fund shall serve as the |
14 |
| successor fund to the National Center for Education Statistics |
15 |
| Fund, and any balance remaining in the National Center for |
16 |
| Education Statistics Fund on the effective date of this |
17 |
| amendatory Act of the 94th General Assembly must be transferred |
18 |
| to the SBE Federal Department of Education Fund by the State |
19 |
| Treasurer. Any future deposits that would otherwise be made |
20 |
| into the National Center for Education Statistics Fund must |
21 |
| instead be made into the SBE Federal Department of Education |
22 |
| Fund.
|
23 |
| On or after July 1, 2007, the State Board of Education |
24 |
| shall notify the State Comptroller of the amount of indirect |
25 |
| federal funds in the SBE Federal Department of Education Fund |
26 |
| to be transferred to the State Board of Education Special |
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09500HB0471sam002 |
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| Purpose Trust Fund. The State Comptroller shall direct and the |
2 |
| State Treasurer shall transfer this amount to the State Board |
3 |
| of Education Special Purpose Trust Fund as soon as practical |
4 |
| thereafter.
|
5 |
| (Source: P.A. 93-838, eff. 7-30-04; 94-69, eff. 7-1-05.)
|
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| (30 ILCS 105/6z-66) |
7 |
| Sec. 6z-66. SBE Federal Agency Services Fund. The SBE |
8 |
| Federal Agency Services Fund is created as a federal trust fund |
9 |
| in the State treasury. This fund is established to receive |
10 |
| funds from all federal departments and agencies except the |
11 |
| Departments of Education and Agriculture (including among |
12 |
| others the Departments of Health and Human Services, Defense, |
13 |
| and Labor and the Corporation for National and Community |
14 |
| Service), including non-indirect cost administrative funds |
15 |
| recovered from federal programs, for the specific purposes |
16 |
| established by the terms and conditions of federal awards. |
17 |
| Moneys in the SBE Federal Agency Services Fund shall be used, |
18 |
| subject to appropriation by the General Assembly, for grants |
19 |
| and contracts to local education agencies, colleges and |
20 |
| universities, and other State agencies and for administrative |
21 |
| expenses of the State Board of Education. However, |
22 |
| non-appropriated spending is allowed for the refund of |
23 |
| unexpended grant moneys to the federal government. The SBE |
24 |
| Federal Agency Services Fund shall serve as the successor fund |
25 |
| to the SBE Department of Health and Human Services Fund, the |
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| SBE Federal Department of Labor Federal Trust Fund, and the SBE |
2 |
| Federal National Community Service Fund; and any balance |
3 |
| remaining in the SBE Department of Health and Human Services |
4 |
| Fund, the SBE Federal Department of Labor Federal Trust Fund, |
5 |
| or the SBE Federal National Community Service Fund on the |
6 |
| effective date of this amendatory Act of the 94th General |
7 |
| Assembly must be transferred to the SBE Federal Agency Services |
8 |
| Fund by the State Treasurer. Any future deposits that would |
9 |
| otherwise be made into the SBE Department of Health and Human |
10 |
| Services Fund, the SBE Federal Department of Labor Federal |
11 |
| Trust Fund, or the SBE Federal National Community Service Fund |
12 |
| must instead be made into the SBE Federal Agency Services Fund.
|
13 |
| On or after July 1, 2007, the State Board of Education |
14 |
| shall notify the State Comptroller of the amount of indirect |
15 |
| federal funds in the SBE Federal Agency Services Fund to be |
16 |
| transferred to the State Board of Education Special Purpose |
17 |
| Trust Fund. The State Comptroller shall direct and the State |
18 |
| Treasurer shall transfer this amount to the State Board of |
19 |
| Education Special Purpose Trust Fund as soon as practical |
20 |
| thereafter.
|
21 |
| (Source: P.A. 93-838, eff. 7-30-04; 94-69, eff. 7-1-05.) |
22 |
| (30 ILCS 105/6z-67) |
23 |
| Sec. 6z-67. SBE Federal Department of Agriculture Fund. The |
24 |
| SBE Federal Department of Agriculture Fund is created as a |
25 |
| federal trust fund in the State treasury. This fund is |
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| established to receive funds from the federal Department of |
2 |
| Agriculture, including non-indirect cost administrative funds |
3 |
| recovered from federal programs, for the specific purposes |
4 |
| established by the terms and conditions of federal awards. |
5 |
| Moneys in the SBE Federal Department of Agriculture Fund shall |
6 |
| be used, subject to appropriation by the General Assembly, for |
7 |
| grants and contracts to local education agencies, colleges and |
8 |
| universities, and other State agencies and for administrative |
9 |
| expenses of the State Board of Education. However, |
10 |
| non-appropriated spending is allowed for the refund of |
11 |
| unexpended grant moneys to the federal government.
|
12 |
| On or after July 1, 2007, the State Board of Education |
13 |
| shall notify the State Comptroller of the amount of indirect |
14 |
| federal funds in the SBE Federal Department of Agriculture Fund |
15 |
| to be transferred to the State Board of Education Special |
16 |
| Purpose Trust Fund. The State Comptroller shall direct and the |
17 |
| State Treasurer shall transfer this amount to the State Board |
18 |
| of Education Special Purpose Trust Fund as soon as practical |
19 |
| thereafter.
|
20 |
| (Source: P.A. 93-838, eff. 7-30-04; 94-69, eff. 7-1-05; 94-835, |
21 |
| eff. 6-6-06.)
|
22 |
| (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
|
23 |
| Sec. 13.2. Transfers among line item appropriations.
|
24 |
| (a) Transfers among line item appropriations from the same
|
25 |
| treasury fund for the objects specified in this Section may be |
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| made in
the manner provided in this Section when the balance |
2 |
| remaining in one or
more such line item appropriations is |
3 |
| insufficient for the purpose for
which the appropriation was |
4 |
| made.
|
5 |
| (a-1) No transfers may be made from one
agency to another |
6 |
| agency, nor may transfers be made from one institution
of |
7 |
| higher education to another institution of higher education.
|
8 |
| (a-2) Except as otherwise provided in this Section, |
9 |
| transfers may be made only among the objects of expenditure |
10 |
| enumerated
in this Section, except that no funds may be |
11 |
| transferred from any
appropriation for personal services, from |
12 |
| any appropriation for State
contributions to the State |
13 |
| Employees' Retirement System, from any
separate appropriation |
14 |
| for employee retirement contributions paid by the
employer, nor |
15 |
| from any appropriation for State contribution for
employee |
16 |
| group insurance. During State fiscal year 2005, an agency may |
17 |
| transfer amounts among its appropriations within the same |
18 |
| treasury fund for personal services, employee retirement |
19 |
| contributions paid by employer, and State Contributions to |
20 |
| retirement systems; notwithstanding and in addition to the |
21 |
| transfers authorized in subsection (c) of this Section, the |
22 |
| fiscal year 2005 transfers authorized in this sentence may be |
23 |
| made in an amount not to exceed 2% of the aggregate amount |
24 |
| appropriated to an agency within the same treasury fund. During |
25 |
| State fiscal year 2007, the Departments of Children and Family |
26 |
| Services, Corrections, Human Services, and Juvenile Justice |
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09500HB0471sam002 |
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| may transfer amounts among their respective appropriations |
2 |
| within the same treasury fund for personal services, employee |
3 |
| retirement contributions paid by employer, and State |
4 |
| contributions to retirement systems. Notwithstanding, and in |
5 |
| addition to, the transfers authorized in subsection (c) of this |
6 |
| Section, these transfers may be made in an amount not to exceed |
7 |
| 2% of the aggregate amount appropriated to an agency within the |
8 |
| same treasury fund.
|
9 |
| (a-3) Further, if an agency receives a separate
|
10 |
| appropriation for employee retirement contributions paid by |
11 |
| the employer,
any transfer by that agency into an appropriation |
12 |
| for personal services
must be accompanied by a corresponding |
13 |
| transfer into the appropriation for
employee retirement |
14 |
| contributions paid by the employer, in an amount
sufficient to |
15 |
| meet the employer share of the employee contributions
required |
16 |
| to be remitted to the retirement system.
|
17 |
| (b) In addition to the general transfer authority provided |
18 |
| under
subsection (c), the following agencies have the specific |
19 |
| transfer authority
granted in this subsection:
|
20 |
| The Department of Healthcare and Family Services is |
21 |
| authorized to make transfers
representing savings attributable |
22 |
| to not increasing grants due to the
births of additional |
23 |
| children from line items for payments of cash grants to
line |
24 |
| items for payments for employment and social services for the |
25 |
| purposes
outlined in subsection (f) of Section 4-2 of the |
26 |
| Illinois Public Aid Code.
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| The Department of Children and Family Services is |
2 |
| authorized to make
transfers not exceeding 2% of the aggregate |
3 |
| amount appropriated to it within
the same treasury fund for the |
4 |
| following line items among these same line
items: Foster Home |
5 |
| and Specialized Foster Care and Prevention, Institutions
and |
6 |
| Group Homes and Prevention, and Purchase of Adoption and |
7 |
| Guardianship
Services.
|
8 |
| The Department on Aging is authorized to make transfers not
|
9 |
| exceeding 2% of the aggregate amount appropriated to it within |
10 |
| the same
treasury fund for the following Community Care Program |
11 |
| line items among these
same line items: Homemaker and Senior |
12 |
| Companion Services, Alternative Senior Services, Case |
13 |
| Coordination
Units, and Adult Day Care Services.
|
14 |
| The State Treasurer is authorized to make transfers among |
15 |
| line item
appropriations
from the Capital Litigation Trust |
16 |
| Fund, with respect to costs incurred in
fiscal years 2002 and |
17 |
| 2003 only, when the balance remaining in one or
more such
line |
18 |
| item appropriations is insufficient for the purpose for which |
19 |
| the
appropriation was
made, provided that no such transfer may |
20 |
| be made unless the amount transferred
is no
longer required for |
21 |
| the purpose for which that appropriation was made.
|
22 |
| The State Board of Education is authorized to make |
23 |
| transfers from line item appropriations within the same |
24 |
| treasury fund for General State Aid and General State Aid - |
25 |
| Hold Harmless, provided that no such transfer may be made |
26 |
| unless the amount transferred is no longer required for the |
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| purpose for which that appropriation was made, to the line item |
2 |
| appropriation for Transitional Assistance when the balance |
3 |
| remaining in such line item appropriation is insufficient for |
4 |
| the purpose for which the appropriation was made. |
5 |
| The State Board of Education is authorized to make |
6 |
| transfers between the following line item appropriations |
7 |
| within the same treasury fund: Disabled Student |
8 |
| Services/Materials (Section 14-13.01 of the School Code), |
9 |
| Disabled Student Transportation Reimbursement (Section |
10 |
| 14-13.01 of the School Code), Disabled Student Tuition - |
11 |
| Private Tuition (Section 14-7.02 of the School Code), |
12 |
| Extraordinary Special Education (Section 14-7.02b of the |
13 |
| School Code), Reimbursement for Free Lunch/Breakfast Program, |
14 |
| Summer School Payments (Section 18-4.3 of the School Code), and |
15 |
| Transportation - Regular/Vocational Reimbursement (Section |
16 |
| 29-5 of the School Code). Such transfers shall be made only |
17 |
| when the balance remaining in one or more such line item |
18 |
| appropriations is insufficient for the purpose for which the |
19 |
| appropriation was made and provided that no such transfer may |
20 |
| be made unless the amount transferred is no longer required for |
21 |
| the purpose for which that appropriation was made.
|
22 |
| (c) The sum of such transfers for an agency in a fiscal |
23 |
| year shall not
exceed 2% of the aggregate amount appropriated |
24 |
| to it within the same treasury
fund for the following objects: |
25 |
| Personal Services; Extra Help; Student and
Inmate |
26 |
| Compensation; State Contributions to Retirement Systems; State
|
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| Contributions to Social Security; State Contribution for |
2 |
| Employee Group
Insurance; Contractual Services; Travel; |
3 |
| Commodities; Printing; Equipment;
Electronic Data Processing; |
4 |
| Operation of Automotive Equipment;
Telecommunications |
5 |
| Services; Travel and Allowance for Committed, Paroled
and |
6 |
| Discharged Prisoners; Library Books; Federal Matching Grants |
7 |
| for
Student Loans; Refunds; Workers' Compensation, |
8 |
| Occupational Disease, and
Tort Claims; and, in appropriations |
9 |
| to institutions of higher education,
Awards and Grants. |
10 |
| Notwithstanding the above, any amounts appropriated for
|
11 |
| payment of workers' compensation claims to an agency to which |
12 |
| the authority
to evaluate, administer and pay such claims has |
13 |
| been delegated by the
Department of Central Management Services |
14 |
| may be transferred to any other
expenditure object where such |
15 |
| amounts exceed the amount necessary for the
payment of such |
16 |
| claims.
|
17 |
| (c-1) Special provisions for State fiscal year 2003. |
18 |
| Notwithstanding any
other provision of this Section to the |
19 |
| contrary, for State fiscal year 2003
only, transfers among line |
20 |
| item appropriations to an agency from the same
treasury fund |
21 |
| may be made provided that the sum of such transfers for an |
22 |
| agency
in State fiscal year 2003 shall not exceed 3% of the |
23 |
| aggregate amount
appropriated to that State agency for State |
24 |
| fiscal year 2003 for the following
objects: personal services, |
25 |
| except that no transfer may be approved which
reduces the |
26 |
| aggregate appropriations for personal services within an |
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| agency;
extra help; student and inmate compensation; State
|
2 |
| contributions to retirement systems; State contributions to |
3 |
| social security;
State contributions for employee group |
4 |
| insurance; contractual services; travel;
commodities; |
5 |
| printing; equipment; electronic data processing; operation of
|
6 |
| automotive equipment; telecommunications services; travel and |
7 |
| allowance for
committed, paroled, and discharged prisoners; |
8 |
| library books; federal matching
grants for student loans; |
9 |
| refunds; workers' compensation, occupational disease,
and tort |
10 |
| claims; and, in appropriations to institutions of higher |
11 |
| education,
awards and grants.
|
12 |
| (c-2) Special provisions for State fiscal year 2005. |
13 |
| Notwithstanding subsections (a), (a-2), and (c), for State |
14 |
| fiscal year 2005 only, transfers may be made among any line |
15 |
| item appropriations from the same or any other treasury fund |
16 |
| for any objects or purposes, without limitation, when the |
17 |
| balance remaining in one or more such line item appropriations |
18 |
| is insufficient for the purpose for which the appropriation was |
19 |
| made, provided that the sum of those transfers by a State |
20 |
| agency shall not exceed 4% of the aggregate amount appropriated |
21 |
| to that State agency for fiscal year 2005.
|
22 |
| (d) Transfers among appropriations made to agencies of the |
23 |
| Legislative
and Judicial departments and to the |
24 |
| constitutionally elected officers in the
Executive branch |
25 |
| require the approval of the officer authorized in Section 10
of |
26 |
| this Act to approve and certify vouchers. Transfers among |
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| appropriations
made to the University of Illinois, Southern |
2 |
| Illinois University, Chicago State
University, Eastern |
3 |
| Illinois University, Governors State University, Illinois
|
4 |
| State University, Northeastern Illinois University, Northern |
5 |
| Illinois
University, Western Illinois University, the Illinois |
6 |
| Mathematics and Science
Academy and the Board of Higher |
7 |
| Education require the approval of the Board of
Higher Education |
8 |
| and the Governor. Transfers among appropriations to all other
|
9 |
| agencies require the approval of the Governor.
|
10 |
| The officer responsible for approval shall certify that the
|
11 |
| transfer is necessary to carry out the programs and purposes |
12 |
| for which
the appropriations were made by the General Assembly |
13 |
| and shall transmit
to the State Comptroller a certified copy of |
14 |
| the approval which shall
set forth the specific amounts |
15 |
| transferred so that the Comptroller may
change his records |
16 |
| accordingly. The Comptroller shall furnish the
Governor with |
17 |
| information copies of all transfers approved for agencies
of |
18 |
| the Legislative and Judicial departments and transfers |
19 |
| approved by
the constitutionally elected officials of the |
20 |
| Executive branch other
than the Governor, showing the amounts |
21 |
| transferred and indicating the
dates such changes were entered |
22 |
| on the Comptroller's records.
|
23 |
| (e) The State Board of Education, in consultation with the |
24 |
| State Comptroller, may transfer line item appropriations for |
25 |
| General State Aid from the Common School Fund to the Education |
26 |
| Assistance Fund.
|
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09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
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| (Source: P.A. 93-680, eff. 7-1-04; 93-839, eff. 7-30-04; |
2 |
| 94-839, eff. 6-6-06.)
|
3 |
| Section 15. The School Code is amended by adding Sections |
4 |
| 2-3.25p, 2-3.53b, 2-3.142, 2-3.143, 2-3.144, 2-3.145, 2-3.146, |
5 |
| 10-20.40, and 21-29 and by changing Sections 2-3.51.5, |
6 |
| 2-3.117a, 2-3.127a, 2-3.131 (as added by Public Act 93-21), |
7 |
| 7-14A, 11E-35, 11E-40, 11E-45, 11E-50, 11E-65, 11E-135, |
8 |
| 14-13.01, 18-8.05, 29-3, and 29-5 as follows: |
9 |
| (105 ILCS 5/2-3.25p new) |
10 |
| Sec. 2-3.25p. Targeted intervention strategies. |
11 |
| (a) The State Board of Education is authorized to make |
12 |
| rules necessary to define and implement strategies to support |
13 |
| school districts. Moneys appropriated under this Section must |
14 |
| be used to undertake targeted interventions in eligible schools |
15 |
| to improve student achievement, which undertaking shall |
16 |
| include provision by the State Board of Education of a State |
17 |
| Intervention Team. |
18 |
| (b) School districts with one or more schools that have not |
19 |
| met adequate yearly progress for at least 3 consecutive annual |
20 |
| calculations are eligible to participate in targeted |
21 |
| intervention strategies. The State Board of Education shall |
22 |
| select participating schools through a prioritization process |
23 |
| that considers the following, in addition to other factors |
24 |
| defined by Board rule: |
|
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09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
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| (1) the number of consecutive years the school has not |
2 |
| met adequate yearly progress criteria; and |
3 |
| (2) the overall percentage of students in the school |
4 |
| with State assessment scores demonstrating proficiency. |
5 |
| (c) The State Board of Education shall provide school |
6 |
| districts with schools eligible to participate the opportunity |
7 |
| to accept or decline participation in targeted intervention |
8 |
| strategies designed in cooperation with the school district, |
9 |
| the State Board of Education, and a designated State |
10 |
| Intervention Team. |
11 |
| (d) A State Intervention Team established under this |
12 |
| Section shall work with school districts to identify other |
13 |
| State, federal, and local funds that may be used to carry out |
14 |
| targeted intervention strategies as identified in the school |
15 |
| improvement or restructuring plan developed or revised under |
16 |
| this Section. |
17 |
| (e) Subject to appropriation, the State Board of Education |
18 |
| shall make funds available to school districts implementing |
19 |
| targeted intervention strategies as identified in the school |
20 |
| improvement or restructuring plan developed or revised under |
21 |
| this Section. |
22 |
| (f) The State Board of Education shall assemble a State |
23 |
| Intervention Team, which shall include at least one academic |
24 |
| improvement specialist and may include representatives from |
25 |
| various State agencies, such as the Department of Human |
26 |
| Services, the Department of Healthcare and Family Services, the |
|
|
|
09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
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| Department of State Police, and the Department of Children and |
2 |
| Family Services. |
3 |
| (g) A State Intervention Team shall cooperate with |
4 |
| representatives of the participating school district, which |
5 |
| may include the school board, district superintendent, school |
6 |
| administration, school professional staff, school parents, and |
7 |
| the school community. |
8 |
| (h) In cooperation with those entities listed in subsection |
9 |
| (g) of this Section, the State Intervention Team shall, in |
10 |
| accordance with rules adopted by the State Board of Education, |
11 |
| develop or revise the school improvement or restructuring plan |
12 |
| that is required to be in place for the respective school under |
13 |
| Section 2-3.25d of this Code. |
14 |
| (i) The plan referred to in subsection (h) of this Section |
15 |
| must be completed within the timeline established for such |
16 |
| plans by rule of the State Board of Education and must be |
17 |
| submitted to
the State Board of Education. |
18 |
| (j) The plan developed or revised under this Section may |
19 |
| include the following, among other appropriate strategies for |
20 |
| school improvement: |
21 |
| (1) A plan for school participation in an extended |
22 |
| school year or summer school services or both for |
23 |
| low-achieving students. |
24 |
| (2) A plan to implement after-school tutoring and |
25 |
| alternative enrichment activities for low-achieving |
26 |
| students. |
|
|
|
09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
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1 |
| (3) A plan to increase the integration of technology in |
2 |
| classroom instruction and the use of technology to |
3 |
| encourage parental and community involvement. |
4 |
| (4) Improvements to services made available to |
5 |
| students, parents, and guardians through the school |
6 |
| library. |
7 |
| (5) Professional development opportunities available |
8 |
| to school and district administrators and teachers. |
9 |
| (6) Improvements to school curriculum and school |
10 |
| materials, including textbooks, software, and other |
11 |
| technology. |
12 |
| (7) Hiring of specialized personnel, including those |
13 |
| with experience in teaching reading.
|
14 |
| (k) The plan developed or revised under this Section shall |
15 |
| cover a minimum of 2 school years and must identify strategies |
16 |
| for academic improvement that can be sustained by the school |
17 |
| district in subsequent years. |
18 |
| (l) The State Intervention Team, in cooperation with the |
19 |
| State Board of Education, shall assess the participating |
20 |
| schools' progress throughout the course of the intervention |
21 |
| period, including the participating schools' capacity to |
22 |
| sustain academic improvement without participation in the |
23 |
| program. |
24 |
| (m) Nothing in this Section shall alter any of the |
25 |
| obligations of school districts or schools under Section |
26 |
| 2-3.25d of this Code. All federal requirements apply to schools |
|
|
|
09500HB0471sam002 |
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| and school districts utilizing federal funds under Title I, |
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| Part A of the federal Elementary and Secondary Education Act of |
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| 1965.
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| (105 ILCS 5/2-3.51.5)
|
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| Sec. 2-3.51.5. School Safety and Educational Improvement |
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| Block Grant
Program. To improve the level of education and |
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| safety of students from
kindergarten through grade 12 in school |
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| districts and State-recognized, non-public schools . The State |
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| Board of
Education is authorized to fund a School Safety and |
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| Educational Improvement
Block Grant Program.
|
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| (1) For school districts, the
The program shall provide |
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| funding for school safety, textbooks and
software, teacher |
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| training and curriculum development, school improvements, |
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| remediation programs under subsection (a) of Section 2-3.64, |
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| school
report cards under Section 10-17a, and criminal history |
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| records checks
under Sections 10-21.9 and 34-18.5. For |
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| State-recognized, non-public schools, the program shall |
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| provide funding for secular textbooks and software, criminal |
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| history records checks, and health and safety mandates to the |
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| extent that the funds are expended for purely secular purposes. |
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| A school district
or laboratory school as defined in Section |
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| 18-8 or 18-8.05 is not required
to file an application in order |
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| to receive the categorical funding to which it
is entitled |
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| under this Section. Funds for the School Safety and Educational
|
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| Improvement Block Grant Program shall be distributed to school |
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LRB095 06659 NHT 38704 a |
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| districts and
laboratory schools based on the prior year's best |
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| 3 months average daily
attendance. Funds for the School Safety |
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| and Educational Improvement Block Grant Program shall be |
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| distributed to State-recognized, non-public schools based on |
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| the average daily attendance figure for the previous school |
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| year provided to the State Board of Education. The State Board |
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| of Education shall develop an application that requires |
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| State-recognized, non-public schools to submit average daily |
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| attendance figures. A State-recognized, non-public school must |
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| submit the application and average daily attendance figure |
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| prior to receiving funds under this Section. The State Board of |
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| Education shall promulgate rules and
regulations necessary for |
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| the implementation of this program.
|
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| (2) Distribution of moneys to school districts and |
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| State-recognized, non-public schools shall be made in 2
|
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| semi-annual installments, one payment on or before October 30, |
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| and one
payment prior to April 30, of each fiscal year.
|
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| (3) Grants under the School Safety and Educational |
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| Improvement Block Grant
Program shall be awarded provided there |
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| is an appropriation for the program,
and funding levels for |
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| each district shall be prorated according to the amount
of the |
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| appropriation.
|
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| (4) The provisions of this Section are in the public |
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| interest, are for the public benefit, and serve secular public |
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| purposes.
|
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| (Source: P.A. 93-909, eff. 8-12-04.)
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| (105 ILCS 5/2-3.53b new) |
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| Sec. 2-3.53b. New superintendent mentoring program. |
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| (a) Beginning on July 1, 2008 and subject to an annual |
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| appropriation by the General Assembly, to establish a new |
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| superintendent mentoring program for new superintendents. Any |
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| individual who begins serving as a superintendent in this State |
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| on or after July 1, 2008 and has not previously served as a |
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| school district superintendent in this State shall participate |
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| in the new superintendent mentoring program for the duration of |
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| his or her first 2 school years as a superintendent and must |
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| complete the program in accordance with the requirements |
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| established by the State Board of Education by rule. The new |
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| superintendent mentoring program shall match an experienced |
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| superintendent who meets the requirements of subsection (b) of |
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| this Section with each new superintendent in his or her first 2 |
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| school years in that position in order to assist the new |
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| superintendent in the development of his or her professional |
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| growth and to provide guidance during the new superintendent's |
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| first 2 school years of service. |
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| (b) Any individual who has actively served as a school |
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| district superintendent in this State for 3 or more years and |
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| who has demonstrated success as an instructional leader, as |
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| determined by the State Board of Education by rule, is eligible |
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| to apply to be a mentor under the new superintendent mentoring |
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| program. Mentors shall complete mentoring training through a |
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| provider selected by the State Board of Education and shall |
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| meet any other requirements set forth by the State Board and by |
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| the school district employing the mentor. |
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| (c) Under the new superintendent mentoring program, a |
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| provider selected by the State Board of Education shall assign |
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| a mentor to a new superintendent based on (i) similarity of |
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| grade level or type of school district, (ii) learning needs of |
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| the new superintendent, and (iii) geographical proximity of the |
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| mentor to the new superintendent. The new superintendent, in |
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| collaboration with the mentor, shall identify areas for |
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| improvement of the new superintendent's professional growth, |
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| including, but not limited to, each of the following: |
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| (1) Analyzing data and applying it to practice. |
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| (2) Aligning professional development and |
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| instructional programs. |
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| (3) Building a professional learning community. |
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| (4) Effective school board relations. |
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| (5) Facilitating effective meetings. |
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| (6) Developing distributive leadership practices. |
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| (7) Facilitating organizational change. |
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| The mentor must not be required to provide an evaluation of |
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| the new superintendent on the basis of the mentoring |
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| relationship. |
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| (d) From January 1, 2009 until May 15, 2009 and from |
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| January 1 until May 15 each year thereafter, each mentor and |
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| each new superintendent shall complete a survey of progress of |
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| the new superintendent on a form developed by the school |
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| district. On or before September 1, 2009 and on or before |
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| September 1 of each year thereafter, the provider selected by |
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| the State Board of Education shall submit a detailed annual |
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| report to the State Board of how the appropriation for the new |
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| superintendent mentoring program was spent, details on each |
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| mentor-mentee relationship, and a qualitative evaluation of |
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| the outcomes. The provider shall develop a verification form |
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| that each new superintendent and his or her mentor must |
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| complete and submit to the provider to certify completion of |
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| each year of the new superintendent mentoring program by July |
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| 15 immediately following the school year just completed. |
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| (e) The requirements of this Section do not apply to any |
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| individual who has previously served as an assistant |
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| superintendent in a school district in this State acting under |
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| an administrative certificate for 5 or more years and who, on |
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| or after July 1, 2008, begins serving as a superintendent in |
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| the school district where he or she had served as an assistant |
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| superintendent immediately prior to being named |
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| superintendent, although such an individual may choose to |
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| participate in the new superintendent mentoring program or may |
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| be required to participate by the school district. The |
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| requirements of this Section do not apply to any superintendent |
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| or chief executive officer of a school district organized under |
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| Article 34 of this Code. |
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| (f) The State Board may adopt any rules that are necessary |
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| for the implementation of this Section.
|
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| (105 ILCS 5/2-3.117a)
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| Sec. 2-3.117a. School Technology Revolving Loan Program.
|
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| (a) The State
Board of Education is authorized to |
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| administer a School Technology Revolving
Loan Program from |
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| funds appropriated from the School Technology Revolving Loan
|
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| Fund for the purpose of making the financing of school |
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| technology hardware
improvements affordable
and making the |
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| integration of technology in the classroom possible. School
|
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| technology loans shall be made available to
public school |
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| districts, charter schools, area vocational centers, and
|
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| laboratory schools to purchase technology hardware for |
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| eligible grade
levels on a 2-year rotating basis: grades 9 |
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| through 12 in fiscal year 2004
and each second year thereafter |
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| and grades K through 8 in fiscal year
2005 and each second year |
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| thereafter.
|
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| The State Board of Education shall determine the interest |
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| rate the loans
shall bear which shall not be greater than 50% |
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| of the rate for the most recent
date shown in the 20 G.O. Bonds |
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| Index of average municipal bond yields as
published in the most |
21 |
| recent edition of The Bond
Buyer, published in New York, New |
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| York. The repayment period for School
Technology Revolving |
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| Loans shall not exceed 3 years. Participants shall use at least |
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| 90% of the loan proceeds for technology
hardware
investments |
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| for
students and staff (including computer hardware, |
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| technology networks,
related
wiring, and other items as defined |
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| in rules adopted by the State Board of
Education) and up to 10% |
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| of the loan proceeds for computer furniture. No
participant |
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| whose equalized assessed valuation per pupil in
average daily |
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| attendance is at the 99th percentile and above for all |
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| districts
of the same type shall be eligible to receive a |
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| School Technology Revolving
Loan under the provisions of this |
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| Section for that year.
|
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| The State Board of Education shall have the authority to |
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| adopt all rules
necessary for the implementation and |
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| administration of the School Technology
Revolving Loan |
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| Program, including, but not limited to, rules defining
|
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| application procedures, prescribing a maximum amount per pupil |
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| that may be
requested annually by districts, requiring |
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| appropriate local commitments for
technology investments, |
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| prescribing a mechanism for disbursing
loan funds in the event |
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| requests exceed available funds, specifying
collateral, and |
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| prescribing
actions necessary to protect the State's
interest |
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| in the event of default, foreclosure, or noncompliance with the |
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| terms
and conditions of the loans.
|
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| (b) There is created in the State treasury the School |
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| Technology Revolving
Loan Fund. The State Board shall have the |
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| authority to make expenditures from
the Fund pursuant to |
24 |
| appropriations made for the purposes of this Section , including |
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| payments for refunds .
There shall be deposited into the Fund |
26 |
| such amounts, including but not limited
to:
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| (1) Transfers from the School Infrastructure Fund;
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| (2) All receipts, including principal and interest
|
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| payments, from any loan made from the Fund;
|
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| (3) All proceeds of assets of whatever nature
received |
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| by the State Board as a result of default or
delinquency |
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| with respect to loans made from the Fund;
|
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| (4) Any appropriations, grants, or gifts made to the |
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| Fund; and
|
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| (5) Any income received from interest on investments of |
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| money in the
Fund.
|
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| (Source: P.A. 93-368, eff. 7-24-03.)
|
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| (105 ILCS 5/2-3.127a) |
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| Sec. 2-3.127a. The State Board of Education Special Purpose |
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| Trust Fund. The State Board of Education Special Purpose Trust |
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| Fund is created as a special fund in the State treasury. The |
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| State Board of Education shall deposit all indirect costs |
17 |
| recovered from federal programs into the State Board of |
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| Education Special Purpose Trust Fund. These funds may be used |
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| by the State Board of Education for its ordinary and contingent |
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| expenses. Additionally and unless
Unless specifically directed |
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| to be deposited into other funds, all moneys received by the |
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| State Board of Education from gifts, grants, or donations from |
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| any source, public or private, shall be deposited into the |
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| State Board of Education Special Purpose Trust Fund
this Fund . |
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| These funds
Moneys in this Fund shall be used, subject to |
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| appropriation by the General Assembly, by the State Board of |
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| Education for the purposes established by the gifts, grants, or |
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| donations.
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| (Source: P.A. 94-69, eff. 7-1-05.)
|
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| (105 ILCS 5/2-3.131)
|
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| Sec. 2-3.131. Transitional assistance payments.
|
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| (a) If the amount that
the State Board of Education will |
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| pay to
a school
district from fiscal year 2004 appropriations, |
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| as estimated by the State
Board of Education on April 1, 2004, |
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| is less than the amount that the
State Board of Education paid |
11 |
| to the school district from fiscal year 2003
appropriations, |
12 |
| then, subject to appropriation, the State Board of
Education |
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| shall make a fiscal year 2004 transitional assistance payment
|
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| to the school district in an amount equal to the difference |
15 |
| between the
estimated amount to be paid from fiscal year 2004 |
16 |
| appropriations and
the amount paid from fiscal year 2003 |
17 |
| appropriations.
|
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| (b) If the amount that
the State Board of Education will |
19 |
| pay to
a school
district from fiscal year 2005 appropriations, |
20 |
| as estimated by the State
Board of Education on April 1, 2005, |
21 |
| is less than the amount that the
State Board of Education paid |
22 |
| to the school district from fiscal year 2004
appropriations, |
23 |
| then the State Board of
Education shall make a fiscal year 2005 |
24 |
| transitional assistance payment
to the school district in an |
25 |
| amount equal to the difference between the
estimated amount to |
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| be paid from fiscal year 2005 appropriations and
the amount |
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| paid from fiscal year 2004 appropriations.
|
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| (c) If the amount that
the State Board of Education will |
4 |
| pay to
a school
district from fiscal year 2006 appropriations, |
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| as estimated by the State
Board of Education on April 1, 2006, |
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| is less than the amount that the
State Board of Education paid |
7 |
| to the school district from fiscal year 2005
appropriations, |
8 |
| then the State Board of
Education shall make a fiscal year 2006 |
9 |
| transitional assistance payment
to the school district in an |
10 |
| amount equal to the difference between the
estimated amount to |
11 |
| be paid from fiscal year 2006 appropriations and
the amount |
12 |
| paid from fiscal year 2005 appropriations.
|
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| (d) If the amount that
the State Board of Education will |
14 |
| pay to
a school
district from fiscal year 2007 appropriations, |
15 |
| as estimated by the State
Board of Education on April 1, 2007, |
16 |
| is less than the amount that the
State Board of Education paid |
17 |
| to the school district from fiscal year 2006
appropriations, |
18 |
| then the State Board of
Education, subject to appropriation, |
19 |
| shall make a fiscal year 2007 transitional assistance payment
|
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| to the school district in an amount equal to the difference |
21 |
| between the
estimated amount to be paid from fiscal year 2007 |
22 |
| appropriations and
the amount paid from fiscal year 2006 |
23 |
| appropriations.
|
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| (e) Subject to appropriation, beginning on July 1, 2007, |
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| the State Board of Education shall adjust prior year |
26 |
| information for the transitional assistance calculations under |
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| this Section in the event of the creation or reorganization of |
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| any school district pursuant to Article 11E of this Code, the |
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| dissolution of an entire district and the annexation of all of |
4 |
| its territory to one or more other districts pursuant to |
5 |
| Article 7 of this Code, or a boundary change whereby the |
6 |
| enrollment of the annexing district increases by 90% or more as |
7 |
| a result of annexing territory detached from another district |
8 |
| pursuant to Article 7 of this Code.
|
9 |
| (f) If the amount that
the State Board of Education will |
10 |
| pay to
a school
district from fiscal year 2008 appropriations, |
11 |
| as estimated by the State
Board of Education on April 1, 2008, |
12 |
| is less than the amount that the
State Board of Education paid |
13 |
| to the school district from fiscal year 2007
appropriations, |
14 |
| then the State Board of
Education, subject to appropriation, |
15 |
| shall make a fiscal year 2008 transitional assistance payment
|
16 |
| to the school district in an amount equal to the difference |
17 |
| between the
estimated amount to be paid from fiscal year 2008 |
18 |
| appropriations and
the amount paid from fiscal year 2007 |
19 |
| appropriations.
|
20 |
| (Source: P.A. 93-21, eff. 7-1-03; 93-838, eff. 7-30-04; 94-69, |
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| eff. 7-1-05; 94-835, eff. 6-6-06.)
|
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| (105 ILCS 5/2-3.142 new)
|
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| Sec. 2-3.142. Rural Learning Initiative. |
24 |
| (a) Subject to appropriation, the State Board of Education |
25 |
| shall by rule establish a Rural Learning Initiative to upgrade |
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| computer lab facilities and associated components, upgrade |
2 |
| classroom materials, and fund professional development. |
3 |
| (b) The State Board of Education shall select the |
4 |
| participating school districts and schools based on each |
5 |
| district's or school's need. In selecting participants, the |
6 |
| State Board shall consider all of the following criteria: |
7 |
| (1) The district's size, student population, and |
8 |
| location. |
9 |
| (2) Documented teacher shortages in critical areas for |
10 |
| which teaching and learning could be provided by access to |
11 |
| the Illinois Virtual High School. |
12 |
| (3) Limited access to advanced placement courses. |
13 |
| (4) Low rates of satisfactory performance on |
14 |
| assessment instruments under Section 2-3.64 of this Code. |
15 |
| (5) The methods the district or school will use to |
16 |
| measure the outcomes of the grant in the district or |
17 |
| school. |
18 |
| (6) Whether the district or school has limited system |
19 |
| capabilities, resource needs, and professional development |
20 |
| support. |
21 |
| (105 ILCS 5/2-3.143 new)
|
22 |
| Sec. 2-3.143. Lincoln's ChalleNGe Academy study. The State |
23 |
| Board of Education shall conduct a study to consider the need |
24 |
| for an expansion of enrollment at or the replication of |
25 |
| services in other portions of this State for the Lincoln's |
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| ChalleNGe Academy as an alternative program for students who |
2 |
| have dropped out of traditional school. |
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| (105 ILCS 5/2-3.144 new) |
4 |
| Sec. 2-3.144. Enhanced teacher compensation. |
5 |
| (a) Subject to appropriation, an enhanced teacher |
6 |
| compensation system
is established, beginning with the |
7 |
| 2008-2009
school year, to provide new incentives to improve |
8 |
| student learning and
to recruit and retain highly qualified |
9 |
| teachers, encourage highly
qualified teachers to undertake |
10 |
| challenging assignments, and support
teachers' roles in |
11 |
| improving students' educational achievement. |
12 |
| (b) To be eligible to participate in an enhanced teacher
|
13 |
| compensation system, a school district or school building, at |
14 |
| least in
the school year before it expects to fully implement |
15 |
| the system (i) must submit to the State Board of Education a |
16 |
| letter of intent executed by the school district and the |
17 |
| exclusive representative of the district's teachers to |
18 |
| complete a plan preparing for full implementation,
consistent |
19 |
| with subsection (d) of this Section, that may include, among
|
20 |
| other activities, training to evaluate teacher performance,
a |
21 |
| restructured school day to develop integrated ongoing
|
22 |
| building-based professional development activities, release
|
23 |
| time to develop an enhanced teacher compensation system
|
24 |
| agreement, and teacher and staff training on using multiple
|
25 |
| data sources; and (ii) may agree to use the State funds it |
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| receives
under Section 10-20.41 of this Code for staff |
2 |
| development purposes to
develop the enhanced teacher |
3 |
| compensation system agreement
under this Section. |
4 |
| (c) The State Superintendent of Education may waive the |
5 |
| planning year if he or she determines, based on the criteria |
6 |
| set forth under subsection (d) of this Section, that the school |
7 |
| district or school building is ready to fully implement an |
8 |
| alternative pay system. |
9 |
| (d) To participate in the program established under this |
10 |
| Section, a school district or school building must have an |
11 |
| educational improvement plan under Section 10-20.43 of this |
12 |
| Code and an enhanced teacher compensation system agreement |
13 |
| under this Section. |
14 |
| The enhanced
teacher compensation system agreement must be |
15 |
| negotiated with, agreed
to, and ratified by the exclusive |
16 |
| representative of the district's
teachers. In addition, the |
17 |
| agreement must do the following: |
18 |
| (1) describe how teachers can achieve career
|
19 |
| advancement and additional compensation; |
20 |
| (2) describe how the school district or school
building |
21 |
| will provide teachers with
career advancement options that |
22 |
| allow teachers to retain
primary roles in student |
23 |
| instruction and facilitate
site-focused professional |
24 |
| development that helps other
teachers improve their |
25 |
| skills; |
26 |
| (3) prevent any teacher's compensation paid before
|
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| implementing the compensation system from being reduced as
|
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| a result of participating in this system; |
3 |
| (4) for school districts having a population not
|
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| exceeding 500,000, base at least 60% of any
compensation |
5 |
| increase on teacher performance using the following: |
6 |
| (A) school-wide student achievement gains; |
7 |
| (B) measures of achievement by a teacher's
|
8 |
| students; and |
9 |
| (C) an objective evaluation program that
includes |
10 |
| the following: |
11 |
| (i) individual teacher evaluations
aligned |
12 |
| with the educational improvement plan
under |
13 |
| Section 10-20.43 of this Code and the staff |
14 |
| development plan under Section 10-20.40 of this |
15 |
| Code; and |
16 |
| (ii) objective evaluations using
multiple |
17 |
| criteria conducted by a locally
developed and |
18 |
| periodically trained evaluation
team that |
19 |
| understands teaching and learning. |
20 |
| (5) provide integrated ongoing building-based
|
21 |
| professional development activities to improve
|
22 |
| instructional skills and learning that are aligned with
|
23 |
| student needs under Section 10-20.43 of this Code, |
24 |
| consistent with the
staff development plan under Section |
25 |
| 10-20.40 of this Code
and led during the school day by |
26 |
| trained teacher leaders
such as master or mentor teachers; |
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| (6) allow any teacher in a participating school
|
2 |
| district or school building that
implements an enhanced |
3 |
| teacher compensation system to
participate in that system |
4 |
| without any quota or other
limit; and |
5 |
| (7) encourage collaboration rather than competition
|
6 |
| among teachers.
|
7 |
| (e) Consistent with the requirements of this Section and |
8 |
| Sections
2-3.145 and 10-20.43 of this Code, the State Board of |
9 |
| Education must prepare and transmit to interested school |
10 |
| districts and school buildings a standard form for applying to |
11 |
| participate in the enhanced teacher compensation system. An |
12 |
| interested school district or school building must submit to |
13 |
| the State Superintendent a completed application executed by |
14 |
| the district superintendent and the exclusive bargaining |
15 |
| representative of the teachers. The application must include |
16 |
| the proposed enhanced teacher compensation system agreement |
17 |
| under this Section. The State Board of Education must convene a |
18 |
| review committee that at least includes teachers and |
19 |
| administrators within 30 days after receiving a completed |
20 |
| application to recommend to the State Superintendent of |
21 |
| Education whether to approve or disapprove the application. The |
22 |
| State Superintendent must approve applications on a |
23 |
| first-come, first-served basis. The applicant's enhanced |
24 |
| teacher compensation system agreement must be legally binding |
25 |
| on the applicant and the exclusive bargaining representative |
26 |
| before the applicant receives enhanced compensation revenue. |
|
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| The State Superintendent must approve or disapprove an |
2 |
| application based on the requirements under subsection (d) of |
3 |
| this Section. |
4 |
| If the State Superintendent of Education disapproves an |
5 |
| application, the State Superintendent must give the applicant |
6 |
| timely notice of the specific reasons in detail for |
7 |
| disapproving the application. The applicant may revise and |
8 |
| resubmit its application and related documents to the State |
9 |
| Superintendent within 30 days after receiving notice of the |
10 |
| State Superintendent's disapproval and the State |
11 |
| Superintendent must approve or disapprove the revised |
12 |
| application, consistent with this subsection (e). Applications |
13 |
| that are revised and then approved are considered submitted on |
14 |
| the date the applicant initially submitted the application. |
15 |
| (f) Participating school districts and school buildings |
16 |
| must report on the implementation and effectiveness of the
|
17 |
| enhanced teacher professional pay system, particularly |
18 |
| addressing each
requirement under subsection (d) of this |
19 |
| Section, and make annual recommendations by June 15 to their |
20 |
| school boards. The school board shall transmit a copy of the |
21 |
| report with a summary of the findings and
recommendations of |
22 |
| the school district or school building to
the State |
23 |
| Superintendent of Education. |
24 |
| If the State Superintendent of Education determines that a |
25 |
| school
district or school building that receives enhanced
|
26 |
| teacher compensation revenue is not complying with the |
|
|
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09500HB0471sam002 |
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| requirements of
this Section, the State Superintendent may |
2 |
| withhold funding from that
participant. Before making the |
3 |
| determination, the State Superintendent
must notify the |
4 |
| participant of any deficiencies and provide the
participant an |
5 |
| opportunity to comply. |
6 |
| (g) A school district that qualifies to participate in the |
7 |
| enhanced teacher compensation system transitional planning |
8 |
| year under this Section may use the State funds it receives |
9 |
| under Section 10-20.41 of this Code for complying with the |
10 |
| planning and staff development activities under this Section.
|
11 |
| (105 ILCS 5/2-3.145 new) |
12 |
| Sec. 2-3.145. Enhanced compensation revenue. |
13 |
| (a) Subject to appropriation, a school district or school |
14 |
| building that
meets the conditions of Section 2-3.144 of this |
15 |
| Code and submits an application approved by the State |
16 |
| Superintendent of Education is eligible for enhanced teacher |
17 |
| compensation revenue. |
18 |
| (b) The State Superintendent of Education must consider |
19 |
| only those applications to participate that are submitted |
20 |
| jointly by a school district and the exclusive bargaining |
21 |
| representative of the teachers, if any. The application must |
22 |
| contain an enhanced teacher
compensation system agreement as |
23 |
| set forth in Section 2-3.144 of this Code. |
24 |
| (c) Enhanced teacher compensation revenue for a qualifying |
25 |
| school
district or school building shall equal $260 times the
|
|
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| number of pupils enrolled in the district or school building on |
2 |
| October 1 of the previous fiscal year. |
3 |
| For a newly combined or consolidated school district, the |
4 |
| revenue shall be computed using the sum of pupils enrolled on |
5 |
| October 1 of the previous year in the districts entering into |
6 |
| the combination or
consolidation. The State Superintendent of |
7 |
| Education may adjust the revenue computed for a school building |
8 |
| using prior year data to reflect changes attributable to school |
9 |
| closings, school openings, or grade level
reconfigurations |
10 |
| between the prior year and the current year. |
11 |
| The revenue shall be available only to school districts and |
12 |
| school
buildings that fully implement an enhanced teacher
|
13 |
| compensation system by October 1 of the current school year. |
14 |
| (d) School districts and school buildings with approved
|
15 |
| applications must receive enhanced teacher compensation |
16 |
| revenue for
each school year that the district or school |
17 |
| building
implements an enhanced teacher compensation system |
18 |
| under this
subsection (d) and Section 2-3.144 of this Code. For |
19 |
| the 2009-2010 school year and later, a qualifying district or |
20 |
| school building that received enhanced teacher compensation |
21 |
| aid for the previous school year must receive at least an |
22 |
| amount of enhanced teacher compensation revenue equal to the |
23 |
| lesser of the amount it received for the previous school year |
24 |
| or the amount it qualifies for under subsection (c) of this |
25 |
| Section for the current school year, if the district or school |
26 |
| building submits a timely application and the State |
|
|
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| Superintendent determines that the district or school building |
2 |
| continues to implement an enhanced teacher compensation |
3 |
| system, consistent with its application under this Section. |
4 |
| The State Superintendent of Education shall approve |
5 |
| applications that comply with this Section, select applicants |
6 |
| that qualify for
the program, notify school districts and |
7 |
| school buildings about the program, develop and disseminate |
8 |
| application
materials, and carry out other activities needed to |
9 |
| implement this
Section. |
10 |
| (105 ILCS 5/2-3.146 new)
|
11 |
| Sec. 2-3.146. Severely overcrowded schools grant program. |
12 |
| There is created a grant program, subject to appropriation, for |
13 |
| severely overcrowded schools. The State Board of Education |
14 |
| shall administer the program. Grant funds may be used for |
15 |
| purposes of relieving overcrowding. In order for a school |
16 |
| district to be eligible for a grant under this Section, (i) the |
17 |
| main administrative office of the district must be located in a |
18 |
| city of 85,000 or more in population, according to the 2000 |
19 |
| U.S. Census, (ii) the school district must have a district-wide |
20 |
| percentage of low-income students of 70% or more, as identified |
21 |
| by the 2005-2006 School Report Cards published by the State |
22 |
| Board of Education, and (iii) the school district must not be |
23 |
| eligible for a fast growth grant under Section 18-8.10 of this |
24 |
| Code. The State Board of Education shall distribute the funds |
25 |
| on a proportional basis with no single district receiving more |
|
|
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| than 75% of the funds in any given year. The State Board of |
2 |
| Education may adopt rules as needed for the implementation and |
3 |
| distribution of grants under this Section.
|
4 |
| (105 ILCS 5/7-14A) (from Ch. 122, par. 7-14A)
|
5 |
| Sec. 7-14A. Annexation Compensation. There shall be no |
6 |
| accounting
made after a mere change in boundaries when no new |
7 |
| district is created , except that those districts whose |
8 |
| enrollment increases by 90% or more as a result of annexing |
9 |
| territory detached from another district pursuant to this |
10 |
| Article are eligible for supplementary State aid payments in |
11 |
| accordance with Section 11E-135 of this Code. Eligible annexing |
12 |
| districts shall apply to the State Board of Education for |
13 |
| supplementary State aid payments by submitting enrollment |
14 |
| figures for the year immediately preceding and the year |
15 |
| immediately following the effective date of the boundary change |
16 |
| for both the district gaining territory and the district losing |
17 |
| territory. Copies of any intergovernmental agreements between |
18 |
| the district gaining territory and the district losing |
19 |
| territory detailing any transfer of fund balances and staff |
20 |
| must also be submitted. In all instances of changes in |
21 |
| boundaries,
.
However, the district losing territory shall
not |
22 |
| count the average daily attendance of pupils living in the |
23 |
| territory
during the year preceding the effective date of the |
24 |
| boundary change in its
claim for reimbursement under Section |
25 |
| 18-8 for the school year following
the effective date of the |
|
|
|
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| change in boundaries and the district receiving
the territory |
2 |
| shall count the average daily attendance of pupils living in
|
3 |
| the territory during the year preceding the effective date of |
4 |
| the boundary
change in its claim for reimbursement under |
5 |
| Section 18-8 for the school
year following the effective date |
6 |
| of the change in boundaries. The changes to this Section made |
7 |
| by this amendatory Act of the 95th General Assembly are |
8 |
| intended to be retroactive and applicable to any annexation |
9 |
| taking effect on or after July 1, 2004.
|
10 |
| (Source: P.A. 84-1250.)
|
11 |
| (105 ILCS 5/10-20.40 new)
|
12 |
| Sec. 10-20.40. Report on contracts. |
13 |
| (a) This Section applies to all school districts, including |
14 |
| a school district organized under Article 34 of this Code.
|
15 |
| (b) A school board must
list on the district's Internet |
16 |
| website, if any, all contracts
over $25,000 and any contract |
17 |
| that the school board enters into
with an exclusive bargaining |
18 |
| representative. |
19 |
| (c) Each year, no more than 30 days after the start of the |
20 |
| fiscal year, each school district shall submit to the State |
21 |
| Board of Education an annual report on all contracts awarded by |
22 |
| the school district during the previous fiscal year. The report |
23 |
| shall include at least the following: |
24 |
| (1) the total number of all contracts awarded by the |
25 |
| school district; |
|
|
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| (2) the total value of all contracts awarded; |
2 |
| (3) the number of contracts awarded to minority owned |
3 |
| businesses, female owned businesses, and businesses owned |
4 |
| by persons with disabilities, as defined in the Business |
5 |
| Enterprise for Minorities, Females, and Persons with |
6 |
| Disabilities Act; and |
7 |
| (4) the total value of contracts awarded to minority |
8 |
| owned businesses, female owned businesses, and businesses |
9 |
| owned by persons with disabilities, as defined in the |
10 |
| Business Enterprise for Minorities, Females, and Persons |
11 |
| with Disabilities Act. |
12 |
| The report shall be made available to the public, including |
13 |
| publication on the school district's Internet website, if any.
|
14 |
| (105 ILCS 5/11E-35) |
15 |
| Sec. 11E-35. Petition filing. |
16 |
| (a) A petition shall be filed with the regional |
17 |
| superintendent of schools of the educational service region in |
18 |
| which the territory described in the petition or that part of |
19 |
| the territory with the greater percentage of equalized assessed |
20 |
| valuation is situated. The petition must do the following: |
21 |
| (1) be signed by at least 50 legal resident voters or |
22 |
| 10% of the legal resident voters, whichever is less, |
23 |
| residing within each affected district; or |
24 |
| (2) be approved by the school board in each affected |
25 |
| district. |
|
|
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| (b) The petition shall contain all of the following: |
2 |
| (1) A request to submit the proposition at a regular |
3 |
| scheduled election for the purpose of voting: |
4 |
| (A) for or against a high school - unit conversion; |
5 |
| (B) for or against a unit to dual conversion; |
6 |
| (C) for or against the establishment of a combined |
7 |
| elementary district; |
8 |
| (D) for or against the establishment of a combined |
9 |
| high school district; |
10 |
| (E) for or against the establishment of a combined |
11 |
| unit district; |
12 |
| (F) for or against the establishment of a unit |
13 |
| district from dual district territory exclusively; |
14 |
| (G) for or against the establishment of a unit |
15 |
| district from both dual district and unit district |
16 |
| territory; |
17 |
| (H) for or against the establishment of a combined |
18 |
| high school - unit district from a combination of one |
19 |
| or more high school districts and one or more unit |
20 |
| districts; |
21 |
| (I) for or against the establishment of a combined |
22 |
| high school - unit district and one or more new |
23 |
| elementary districts through a multi-unit conversion;
|
24 |
| (J) for or against the establishment of an optional |
25 |
| elementary unit district from a combination of a |
26 |
| substantially coterminous dual district; or |
|
|
|
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| (K) for or against dissolving and becoming part of |
2 |
| an optional elementary unit district. |
3 |
| (2) A description of the territory comprising the |
4 |
| districts proposed to be dissolved and those to be created, |
5 |
| which, for an entire district, may be a general reference |
6 |
| to all of the territory included within that district. |
7 |
| (3) A specification of the maximum tax rates for |
8 |
| various purposes the proposed district or districts shall |
9 |
| be authorized to levy for various purposes and, if |
10 |
| applicable, the specifications related to the Property Tax |
11 |
| Extension Limitation Law, in accordance with Section |
12 |
| 11E-80 of this Code. |
13 |
| (4) A description of how supplementary State deficit |
14 |
| difference payments made under subsection (c) of Section |
15 |
| 11E-135 of this Code will be allocated among the new |
16 |
| districts proposed to be formed. |
17 |
| (5) Where applicable, a division of assets and |
18 |
| liabilities to be allocated to the proposed new or annexing |
19 |
| school district or districts in the manner provided in |
20 |
| Section 11E-105 of this Code. |
21 |
| (6) If desired, a request that at that same election as |
22 |
| the reorganization proposition a school board or boards be |
23 |
| elected on a separate ballot or ballots to serve as the |
24 |
| school board or boards of the proposed new district or |
25 |
| districts. Any election of board members at the same |
26 |
| election at which the proposition to create the district or |
|
|
|
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| districts to be served by the board or boards is submitted |
2 |
| to the voters shall proceed under the supervision of the |
3 |
| regional superintendent of schools as provided in Section |
4 |
| 11E-55 of this Code. |
5 |
| (7) If desired, a request that the referendum at which |
6 |
| the proposition is submitted for the purpose of voting for |
7 |
| or against the establishment of a unit district (other than |
8 |
| a partial elementary unit district) include as part of the |
9 |
| proposition the election of board members by school board |
10 |
| district rather than at large. Any petition requesting the |
11 |
| election of board members by district shall divide the |
12 |
| proposed school district into 7 school board districts, |
13 |
| each of which must be compact and contiguous and |
14 |
| substantially equal in population to each other school |
15 |
| board district. Any election of board members by school |
16 |
| board district shall proceed under the supervision of the |
17 |
| regional superintendent of schools as provided in Section |
18 |
| 11E-55 of this Code. |
19 |
| (8) If desired, a request that the referendum at which |
20 |
| the proposition is submitted for the purpose of voting for |
21 |
| or against the establishment of a unit to dual conversion |
22 |
| include as part of the proposition the election of board |
23 |
| members for the new high school district (i) on an at large |
24 |
| basis, (ii) with board members representing each of the |
25 |
| forming elementary school districts, or (iii) a |
26 |
| combination of both. The format for the election of the new |
|
|
|
09500HB0471sam002 |
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| high school board must be defined in the petition. When 4 |
2 |
| or more unit school districts and a combination of board |
3 |
| members representing each of the forming elementary school |
4 |
| districts are involved and at large formats are used, one |
5 |
| member must be elected from each of the forming elementary |
6 |
| school districts. The remaining members may be elected on |
7 |
| an at large basis, provided that none of the underlying |
8 |
| elementary school districts have a majority on the |
9 |
| resulting high school board. When 3 unit school districts |
10 |
| and a combination of board members representing each of the |
11 |
| forming elementary school districts are involved and at |
12 |
| large formats are used, 2 members must be elected from each |
13 |
| of the forming elementary school districts. The remaining |
14 |
| member must be elected at large. |
15 |
| (9) If desired, a request that the referendum at which |
16 |
| the proposition shall be submitted include a proposition on |
17 |
| a separate ballot authorizing the issuance of bonds by the |
18 |
| district or districts when organized in accordance with |
19 |
| this Article. However, if the petition is submitted for the |
20 |
| purpose of voting for or against the establishment of an |
21 |
| optional elementary unit district, the petition may |
22 |
| request only that the referendum at which the proposition |
23 |
| is submitted include a proposition on a separate ballot |
24 |
| authorizing the issuance of bonds for high school purposes |
25 |
| (and not elementary purposes) by the district when |
26 |
| organized in accordance with this Article. The principal |
|
|
|
09500HB0471sam002 |
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| amount of the bonds and the purposes of issuance, including |
2 |
| a specification of elementary or high school purposes if |
3 |
| the proposed issuance is to be made by a combined high |
4 |
| school - unit district, shall be stated in the petition and |
5 |
| in all notices and propositions submitted thereunder. Only |
6 |
| residents in the territory of the district proposing the |
7 |
| bond issuance may vote on the bond issuance.
|
8 |
| (10) A designation of a committee of ten of the |
9 |
| petitioners as attorney in fact for all petitioners, any 7 |
10 |
| of whom may at any time, prior to the final decision of the |
11 |
| regional superintendent of schools, amend the petition in |
12 |
| all respects (except that, for a unit district formation, |
13 |
| there may not be an increase or decrease of more than 25% |
14 |
| of the territory to be included in the proposed district) |
15 |
| and make binding stipulations on behalf of all petitioners |
16 |
| as to any question with respect to the petition, including |
17 |
| the power to stipulate to accountings or the waiver thereof |
18 |
| between school districts. |
19 |
| (c) The regional superintendent of schools shall not accept |
20 |
| for filing under the authority of this Section any petition |
21 |
| that includes any territory already included as part of the |
22 |
| territory described in another pending petition filed under the |
23 |
| authority of this Section. |
24 |
| (d)(1) Those designated as the Committee of Ten shall serve |
25 |
| in that capacity until such time as the regional superintendent |
26 |
| of schools determines that, because of death, resignation, |
|
|
|
09500HB0471sam002 |
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| transfer of residency from the territory, failure to qualify, |
2 |
| or any other reason, the office of a particular member of the |
3 |
| Committee of Ten is vacant. Upon determination by the regional |
4 |
| superintendent of schools that these vacancies exist, he or she |
5 |
| shall declare the vacancies and shall notify the remaining |
6 |
| members to appoint a petitioner or petitioners, as the case may |
7 |
| be, to fill the vacancies in the Committee of Ten so |
8 |
| designated. An appointment by the Committee of Ten to fill a |
9 |
| vacancy shall be made by a simple majority vote of the |
10 |
| designated remaining members. |
11 |
| (2) Failure of a person designated as a member of the |
12 |
| Committee of Ten to sign the petition shall not disqualify that |
13 |
| person as a member of the Committee of Ten, and that person may |
14 |
| sign the petition at any time prior to final disposition of the |
15 |
| petition and the conclusion of the proceedings to form a new |
16 |
| school district or districts, including all litigation |
17 |
| pertaining to the petition or proceedings. |
18 |
| (3) Except as stated in item (10) of subsection (b) of this |
19 |
| Section, the Committee of Ten shall act by majority vote of the |
20 |
| membership. |
21 |
| (4) The regional superintendent of schools may accept a |
22 |
| stipulation made by the Committee of Ten instead of evidence or |
23 |
| proof of the matter stipulated or may refuse to accept the |
24 |
| stipulation, provided that the regional superintendent sets |
25 |
| forth the basis for the refusal. |
26 |
| (5) The Committee of Ten may voluntarily dismiss its |
|
|
|
09500HB0471sam002 |
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|
1 |
| petition at any time before the petition is approved by either |
2 |
| the regional superintendent of schools or State Superintendent |
3 |
| of Education.
|
4 |
| (Source: P.A. 94-1019, eff. 7-10-06.) |
5 |
| (105 ILCS 5/11E-40) |
6 |
| Sec. 11E-40. Notice and petition amendments.
|
7 |
| (a) Upon the filing of a petition with the regional |
8 |
| superintendent of schools as provided in Section 11E-35 of this |
9 |
| Code, the regional superintendent shall do all of the |
10 |
| following: |
11 |
| (1) Cause a copy of the petition to be given to each |
12 |
| school board of the affected districts and the regional |
13 |
| superintendent of schools of any other educational service |
14 |
| region in which territory described in the petition is |
15 |
| situated. |
16 |
| (2) Cause a notice thereof to be published at least |
17 |
| once each week for 3 successive weeks in at least one |
18 |
| newspaper having general circulation within the area of all |
19 |
| of the territory of the proposed district or districts. The |
20 |
| expense of publishing the notice shall be borne by the |
21 |
| petitioners and paid on behalf of the petitioners by the |
22 |
| Committee of Ten. |
23 |
| (b) The notice shall state all of the following: |
24 |
| (1) When and to whom the petition was presented. |
25 |
| (2) The prayer of the petition. |
|
|
|
09500HB0471sam002 |
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|
1 |
| (3) A description of the territory comprising the |
2 |
| districts proposed to be dissolved and those to be created, |
3 |
| which, for an entire district, may be a general reference |
4 |
| to all of the territory included within that district. |
5 |
| (4) If applicable, the proposition to elect, by |
6 |
| separate ballot, school board members at the same election, |
7 |
| indicating whether the board members are to be elected at |
8 |
| large or by school board district. |
9 |
| (5) If requested in the petition, the proposition to |
10 |
| issue bonds, indicating the amount and purpose thereof. |
11 |
| (6) The day , time, and location on which the hearing on |
12 |
| the action proposed in the petition shall be held. |
13 |
| (c) The requirements of subsection (g) of Section 28-2 of |
14 |
| the Election Code do not apply to any petition filed under this |
15 |
| Article. Notwithstanding any provision to the contrary |
16 |
| contained in the Election Code, the regional superintendent of |
17 |
| schools shall make all determinations regarding the validity of |
18 |
| the petition, including without limitation signatures on the |
19 |
| petition, subject to State Superintendent and administrative |
20 |
| review in accordance with Section 11E-50 of this Code. |
21 |
| (d) Prior to the hearing described in Section 11E-45 of |
22 |
| this Code, the regional superintendent of schools shall inform |
23 |
| the Committee of Ten as to whether the petition, as amended or |
24 |
| filed, is proper and in compliance with all applicable petition |
25 |
| requirements set forth in the Election Code. If the regional |
26 |
| superintendent determines that the petition is not in proper |
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| order or not in compliance with any applicable petition |
2 |
| requirements set forth in the Election Code, the regional |
3 |
| superintendent must identify the specific alleged defects in |
4 |
| the petition and include specific recommendations to cure the |
5 |
| alleged defects. The Committee of Ten may amend the petition to |
6 |
| cure the alleged defects at any time prior to the receipt of |
7 |
| the regional superintendent's written order made in accordance |
8 |
| with subsection (a) of Section 11E-50 of this Code or may elect |
9 |
| not to amend the petition, in which case the Committee of Ten |
10 |
| may appeal a denial by the regional superintendent following |
11 |
| the hearing in accordance with Section 11E-50 of this Code.
|
12 |
| (Source: P.A. 94-1019, eff. 7-10-06.) |
13 |
| (105 ILCS 5/11E-45) |
14 |
| Sec. 11E-45. Hearing. |
15 |
| (a) No more than 15 days after the last date on which the |
16 |
| required notice under Section 11E-40 of this Code is published, |
17 |
| the regional superintendent of schools with whom the petition |
18 |
| is required to be filed shall hold a hearing on the petition. |
19 |
| Prior to the hearing, the Committee of Ten shall submit to the |
20 |
| regional superintendent maps showing the districts involved |
21 |
| and any other information deemed pertinent by the Committee of |
22 |
| Ten to the proposed action. The regional superintendent of |
23 |
| schools may adjourn the hearing from time to time or may |
24 |
| continue the matter for want of sufficient notice or other good |
25 |
| cause. |
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| (b) At the hearing, the regional superintendent of schools |
2 |
| shall allow public testimony on the action proposed in the |
3 |
| petition. The Committee of Ten
regional superintendent shall |
4 |
| present, or arrange for the presentation of all of the |
5 |
| following: |
6 |
| (1) Evidence as to the school needs and conditions in |
7 |
| the territory described in the petition and the area |
8 |
| adjacent thereto. |
9 |
| (2) Evidence with respect to the ability of the |
10 |
| proposed district or districts to meet standards of |
11 |
| recognition as prescribed by the State Board of Education. |
12 |
| (3) A consideration of the division of funds and assets |
13 |
| that will occur if the petition is approved. |
14 |
| (4) A description of the maximum tax rates the proposed |
15 |
| district or districts is authorized to levy for various |
16 |
| purposes and, if applicable, the specifications related to |
17 |
| the Property Tax Extension Limitation Law, in accordance |
18 |
| with Section 11E-80 of this Code. |
19 |
| (c) Any regional superintendent of schools entitled under |
20 |
| the provisions of this Article to be given a copy of the |
21 |
| petition and any resident or representative of a school |
22 |
| district in which
any territory described in the petition is |
23 |
| situated may appear in person or by an attorney at law to |
24 |
| provide oral or written testimony or both in relation to the |
25 |
| action proposed in the petition. |
26 |
| (d) The regional superintendent of schools shall arrange |
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| for a written transcript of the hearing. The expense of the |
2 |
| written transcript shall be borne by the petitioners and paid |
3 |
| on behalf of the petitioners by the Committee of Ten.
|
4 |
| (Source: P.A. 94-1019, eff. 7-10-06.) |
5 |
| (105 ILCS 5/11E-50) |
6 |
| Sec. 11E-50. Approval or denial of the petition; |
7 |
| administrative review. |
8 |
| (a) Within 14 days after the conclusion of the hearing |
9 |
| under Section 11E-45 of this Code, the regional superintendent |
10 |
| of schools shall take into consideration the school needs and |
11 |
| conditions of the affected districts and in the area adjacent |
12 |
| thereto, the division of funds and assets that will result from |
13 |
| the action described in the petition, the best interests of the |
14 |
| schools of the area, and the best interests and the educational |
15 |
| welfare of the pupils residing therein and, through a written |
16 |
| order, either approve or deny the petition. If the regional |
17 |
| superintendent fails to act upon a petition within 14 days |
18 |
| after the conclusion of the hearing, the regional |
19 |
| superintendent shall be deemed to have denied the petition. |
20 |
| (b) Upon approving or denying the petition, the regional |
21 |
| superintendent of schools shall submit the petition and all |
22 |
| evidence to the State Superintendent of Education.
The State |
23 |
| Superintendent shall review the petition, the record of the |
24 |
| hearing, and the written order of the regional superintendent, |
25 |
| if any. Within 21 days after the receipt of the regional |
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| superintendent's decision, the State Superintendent shall take |
2 |
| into consideration the school needs and conditions of the |
3 |
| affected districts and in the area adjacent thereto, the |
4 |
| division of funds and assets that will result from the action |
5 |
| described in the petition, the best interests of the schools of |
6 |
| the area, and the best interests and the educational welfare of |
7 |
| the pupils residing therein and, through a written order, |
8 |
| either approve or deny the petition. If the State |
9 |
| Superintendent denies the petition, the State Superintendent |
10 |
| shall set forth in writing the specific basis for the denial. |
11 |
| The decision of the State Superintendent shall be deemed an |
12 |
| administrative decision as defined in Section 3-101 of the Code |
13 |
| of Civil Procedure. The State Superintendent shall provide a |
14 |
| copy of the decision by certified mail, return receipt |
15 |
| requested, to the Committee of Ten, any person appearing in |
16 |
| support or opposition of the petition at the hearing, each |
17 |
| school board of a district in which territory described in the |
18 |
| petition is situated, the regional superintendent with whom the |
19 |
| petition was filed, and the regional superintendent of schools |
20 |
| of any other educational service region in which territory |
21 |
| described in the petition is situated. |
22 |
| (c) Any resident of any territory described in the petition |
23 |
| who appears in support of or opposition to the petition at the |
24 |
| hearing or any petitioner or school board of any district in |
25 |
| which territory described in the petition is situated
may, |
26 |
| within 35 days after a copy of the decision sought to be |
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| reviewed was served by certified mail, return receipt |
2 |
| requested, upon the party affected thereby or upon the attorney |
3 |
| of record for the party, apply for a review of an |
4 |
| administrative decision of the State Superintendent of |
5 |
| Education in accordance with the Administrative Review Law and |
6 |
| any rules adopted pursuant to the Administrative Review Law. |
7 |
| The commencement of any action for review shall operate as a |
8 |
| supersedeas
supersedes , and no further proceedings shall be had |
9 |
| until final disposition of the review. The circuit court of the |
10 |
| county in which the petition is filed with the regional |
11 |
| superintendent of schools shall have sole jurisdiction to |
12 |
| entertain a complaint for the review.
|
13 |
| (Source: P.A. 94-1019, eff. 7-10-06.) |
14 |
| (105 ILCS 5/11E-65) |
15 |
| Sec. 11E-65. Passage requirements. |
16 |
| (a) Except as otherwise provided in subsections (b) and (c) |
17 |
| of this Section, if a majority of the electors voting at the |
18 |
| election in each affected district vote in favor of the |
19 |
| proposition submitted to them, then the proposition shall be |
20 |
| deemed to have passed. |
21 |
| (b) In the case of an optional elementary unit district to |
22 |
| be created as provided in subsection (c) of Section 11E-30 of |
23 |
| this Code, if a majority of the electors voting in the high |
24 |
| school district and a majority of the voters voting in at least |
25 |
| one affected elementary district vote in favor of the |
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| proposition submitted to them, then the proposition shall be |
2 |
| deemed to have passed and an optional elementary unit district |
3 |
| shall be created for all of the territory included in the |
4 |
| petition for high school purposes, and for the territory |
5 |
| included in the affected elementary districts voting in favor |
6 |
| of the proposition for elementary purposes. |
7 |
| (c) In the case of an elementary district electing to join |
8 |
| an optional elementary unit district in accordance with |
9 |
| subsection (d) of Section 11E-30 of this Code, a majority of |
10 |
| the electors voting in that elementary district only must vote |
11 |
| in favor of the proposition at a regularly scheduled election. |
12 |
| (d)(1) If a majority of the voters in at least 2 unit |
13 |
| districts have voted in favor of a proposition to create a new |
14 |
| unit district, but the proposition was not approved under the |
15 |
| standards set forth in subsection (a) of this Section, then the |
16 |
| members of the Committee of Ten shall submit an amended |
17 |
| petition for consolidation to the school boards of those |
18 |
| districts, as long as the territory involved is compact and |
19 |
| contiguous. The petition submitted to the school boards shall |
20 |
| be identical in form and substance to the petition previously |
21 |
| approved by the regional superintendent of schools, with the |
22 |
| sole exception that the territory comprising the proposed |
23 |
| district shall be amended to include the compact and contiguous |
24 |
| territory of those unit districts in which a majority of the |
25 |
| voters voted in favor of the proposal. |
26 |
| (2) Each school board to which the petition is submitted |
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| shall meet and vote to approve or not approve the amended |
2 |
| petition no more than 30 days after it has been filed with the |
3 |
| school board. The regional superintendent of schools shall make |
4 |
| available to each school board with which a petition has been |
5 |
| filed all transcripts and records of the previous petition |
6 |
| hearing. The school boards shall, by appropriate resolution, |
7 |
| approve or disapprove the amended petition. No school board may |
8 |
| approve an amended petition unless it first finds that the |
9 |
| territory described in the petition is compact and contiguous. |
10 |
| (3) If a majority of the members of each school board to |
11 |
| whom a petition is submitted votes in favor of the amended |
12 |
| petition, then the approved petition shall be transmitted by |
13 |
| the secretary of each school board to the State Superintendent |
14 |
| of Education, who shall, within 21
30 days after receipt, |
15 |
| approve or deny the amended petition based on the criteria |
16 |
| stated in subsection (b) of Section 11E-50 of this Code. If |
17 |
| approved by the State Superintendent of Education, the petition |
18 |
| shall be placed on the ballot at the next regularly scheduled |
19 |
| election.
|
20 |
| (Source: P.A. 94-1019, eff. 7-10-06.) |
21 |
| (105 ILCS 5/11E-135) |
22 |
| Sec. 11E-135. Incentives. For districts reorganizing under |
23 |
| this Article and for a district or districts that annex all of |
24 |
| the territory of one or more entire other school districts in |
25 |
| accordance with Article 7 of this Code, the following payments |
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| shall be made from appropriations made for these purposes: |
2 |
| (a)(1) For a combined school district, as defined in |
3 |
| Section 11E-20 of this Code, or for a unit district, as defined |
4 |
| in Section 11E-25 of this Code, for its first year of |
5 |
| existence, the general State aid and supplemental general State |
6 |
| aid calculated under Section 18-8.05 of this Code shall be |
7 |
| computed for the new district and for the previously existing |
8 |
| districts for which property is totally included within the new |
9 |
| district. If the computation on the basis of the previously |
10 |
| existing districts is greater, a supplementary payment equal to |
11 |
| the difference shall be made for the first 4 years of existence |
12 |
| of the new district. |
13 |
| (2) For a school district that annexes all of the territory |
14 |
| of one or more entire other school districts as defined in |
15 |
| Article 7 of this Code, for the first year during which the |
16 |
| change of boundaries attributable to the annexation becomes |
17 |
| effective for all purposes, as determined under Section 7-9 of |
18 |
| this Code, the general State aid and supplemental general State |
19 |
| aid calculated under Section 18-8.05 of this Code shall be |
20 |
| computed for the annexing district as constituted after the |
21 |
| annexation and for the annexing and each annexed district as |
22 |
| constituted prior to the annexation; and if the computation on |
23 |
| the basis of the annexing and annexed districts as constituted |
24 |
| prior to the annexation is greater, then a supplementary |
25 |
| payment equal to the difference shall be made for the first 4 |
26 |
| years of existence of the annexing school district as |
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| constituted upon the annexation. |
2 |
| (3) For 2 or more school districts that annex all of the |
3 |
| territory of one or more entire other school districts, as |
4 |
| defined in Article 7 of this Code, for the first year during |
5 |
| which the change of boundaries attributable to the annexation |
6 |
| becomes effective for all purposes, as determined under Section |
7 |
| 7-9 of this Code, the general State aid and supplemental |
8 |
| general State aid calculated under Section 18-8.05 of this Code |
9 |
| shall be computed for each annexing district as constituted |
10 |
| after the annexation and for each annexing and annexed district |
11 |
| as constituted prior to the annexation; and if the aggregate of |
12 |
| the general State aid and supplemental general State aid as so |
13 |
| computed for the annexing districts as constituted after the |
14 |
| annexation is less than the aggregate of the general State aid |
15 |
| and supplemental general State aid as so computed for the |
16 |
| annexing and annexed districts, as constituted prior to the |
17 |
| annexation, then a supplementary payment equal to the |
18 |
| difference shall be made and allocated between or among the |
19 |
| annexing districts, as constituted upon the annexation, for the |
20 |
| first 4 years of their existence. The total difference payment |
21 |
| shall be allocated between or among the annexing districts in |
22 |
| the same ratio as the pupil enrollment from that portion of the |
23 |
| annexed district or districts that is annexed to each annexing |
24 |
| district bears to the total pupil enrollment from the entire |
25 |
| annexed district or districts, as such pupil enrollment is |
26 |
| determined for the school year last ending prior to the date |
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| when the change of boundaries attributable to the annexation |
2 |
| becomes effective for all purposes. The amount of the total |
3 |
| difference payment and the amount thereof to be allocated to |
4 |
| the annexing districts shall be computed by the State Board of |
5 |
| Education on the basis of pupil enrollment and other data that |
6 |
| shall be certified to the State Board of Education, on forms |
7 |
| that it shall provide for that purpose, by the regional |
8 |
| superintendent of schools for each educational service region |
9 |
| in which the annexing and annexed districts are located. |
10 |
| (4) For a school district conversion, as defined in Section |
11 |
| 11E-15 of this Code, or a multi-unit conversion, as defined in |
12 |
| subsection (b) of Section 11E-30 of this Code, if in their |
13 |
| first year of existence the newly created elementary districts |
14 |
| and the newly created high school district, from a school |
15 |
| district conversion, or the newly created elementary district |
16 |
| or districts and newly created combined high school - unit |
17 |
| district, from a multi-unit conversion, qualify for less |
18 |
| general State aid under Section 18-8.05 of this Code than would |
19 |
| have been payable under Section 18-8.05 for that same year to |
20 |
| the previously existing districts, then a supplementary |
21 |
| payment equal to that difference shall be made for the first 4 |
22 |
| years of existence of the newly created districts. The |
23 |
| aggregate amount of each supplementary payment shall be |
24 |
| allocated among the newly created districts in the proportion |
25 |
| that the deemed pupil enrollment in each district during its |
26 |
| first year of existence bears to the actual aggregate pupil |
|
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| enrollment in all of the districts during their first year of |
2 |
| existence. For purposes of each allocation: |
3 |
| (A) the deemed pupil enrollment of the newly created |
4 |
| high school district from a school district conversion |
5 |
| shall be an amount equal to its actual pupil enrollment for |
6 |
| its first year of existence multiplied by 1.25; |
7 |
| (B) the deemed pupil enrollment of each newly created |
8 |
| elementary district from a school district conversion |
9 |
| shall be an amount equal to its actual pupil enrollment for |
10 |
| its first year of existence reduced by an amount equal to |
11 |
| the product obtained when the amount by which the newly |
12 |
| created high school district's deemed pupil enrollment |
13 |
| exceeds its actual pupil enrollment for its first year of |
14 |
| existence is multiplied by a fraction, the numerator of |
15 |
| which is the actual pupil enrollment of the newly created |
16 |
| elementary district for its first year of existence and the |
17 |
| denominator of which is the actual aggregate pupil |
18 |
| enrollment of all of the newly created elementary districts |
19 |
| for their first year of existence; |
20 |
| (C) the deemed high school pupil enrollment of the |
21 |
| newly created combined high school - unit district from a |
22 |
| multi-unit conversion shall be an amount equal to its |
23 |
| actual grades 9 through 12 pupil enrollment for its first |
24 |
| year of existence multiplied by 1.25; and |
25 |
| (D) the deemed elementary pupil enrollment of each |
26 |
| newly created district from a multi-unit conversion shall |
|
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| be an amount equal to each district's actual grade K |
2 |
| through 8 pupil enrollment for its first year of existence, |
3 |
| reduced by an amount equal to the product obtained when the |
4 |
| amount by which the newly created combined high school - |
5 |
| unit district's deemed high school pupil enrollment |
6 |
| exceeds its actual grade 9 through 12 pupil enrollment for |
7 |
| its first year of existence is multiplied by a fraction, |
8 |
| the numerator of which is the actual grade K through 8 |
9 |
| pupil enrollment of each newly created district for its |
10 |
| first year of existence and the denominator of which is the |
11 |
| actual aggregate grade K through 8 pupil enrollment of all |
12 |
| such newly created districts for their first year of |
13 |
| existence. |
14 |
|
The aggregate amount of each supplementary payment under |
15 |
| this subdivision (4) and the amount thereof to be allocated to |
16 |
| the newly created districts shall be computed by the State |
17 |
| Board of Education on the basis of pupil enrollment and other |
18 |
| data, which shall be certified to the State Board of Education, |
19 |
| on forms that it shall provide for that purpose, by the |
20 |
| regional superintendent of schools for each educational |
21 |
| service region in which the newly created districts are |
22 |
| located.
|
23 |
| (5) For a partial elementary unit district, as defined in |
24 |
| subsection (a) or (c) of Section 11E-30 of this Code, if, in |
25 |
| the first year of existence, the newly created partial |
26 |
| elementary unit district qualifies for less general State aid |
|
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| and supplemental general State aid under Section 18-8.05 of |
2 |
| this Code than would have been payable under that Section for |
3 |
| that same year to the previously existing districts that formed |
4 |
| the partial elementary unit district, then a supplementary |
5 |
| payment equal to that difference shall be made to the partial |
6 |
| elementary unit district for the first 4 years of existence of |
7 |
| that newly created district. |
8 |
| (6) For an elementary opt-in, as described in subsection |
9 |
| (d) of Section 11E-30 of this Code, the general State aid |
10 |
| difference shall be computed in accordance with paragraph (5) |
11 |
| of this subsection (a) as if the elementary opt-in was included |
12 |
| in an optional elementary unit district at the optional |
13 |
| elementary unit district's original effective date. If the |
14 |
| calculation in this paragraph (6) is less than that calculated |
15 |
| in paragraph (5) of this subsection (a) at the optional |
16 |
| elementary unit district's original effective date, then no |
17 |
| adjustments may be made. If the calculation in this paragraph |
18 |
| (6) is more than that calculated in paragraph (5) of this |
19 |
| subsection (a) at the optional elementary unit district's |
20 |
| original effective date, then the excess must be paid as |
21 |
| follows: |
22 |
| (A) If the effective date for the elementary opt-in is |
23 |
| one year after the effective date for the optional |
24 |
| elementary unit district, 100% of the calculated excess |
25 |
| shall be paid to the optional elementary unit district in |
26 |
| each of the first 4 years after the effective date of the |
|
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| elementary opt-in. |
2 |
| (B) If the effective date for the elementary opt-in is |
3 |
| 2 years after the effective date for the optional |
4 |
| elementary unit district, 75% of the calculated excess |
5 |
| shall be paid to the optional elementary unit district in |
6 |
| each of the first 4 years after the effective date of the |
7 |
| elementary opt-in. |
8 |
| (C) If the effective date for the elementary opt-in is |
9 |
| 3 years after the effective date for the optional |
10 |
| elementary unit district, 50% of the calculated excess |
11 |
| shall be paid to the optional elementary unit district in |
12 |
| each of the first 4 years after the effective date of the |
13 |
| elementary opt-in. |
14 |
| (D) If the effective date for the elementary opt-in is |
15 |
| 4 years after the effective date for the optional |
16 |
| elementary unit district, 25% of the calculated excess |
17 |
| shall be paid to the optional elementary unit district in |
18 |
| each of the first 4 years after the effective date of the |
19 |
| elementary opt-in. |
20 |
| (E) If the effective date for the elementary opt-in is |
21 |
| 5 years after the effective date for the optional |
22 |
| elementary unit district, the optional elementary unit |
23 |
| district is not eligible for any additional incentives due |
24 |
| to the elementary opt-in. |
25 |
| (6.5) For a school district that annexes territory detached |
26 |
| from another school district whereby the enrollment of the |
|
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| annexing district increases by 90% or more as a result of the |
2 |
| annexation, for the first year during which the change of |
3 |
| boundaries attributable to the annexation becomes effective |
4 |
| for all purposes as determined under Section 7-9 of this Code, |
5 |
| the general State aid and supplemental general State aid |
6 |
| calculated under this Section shall be computed for the |
7 |
| district gaining territory and the district losing territory as |
8 |
| constituted after the annexation and for the same districts as |
9 |
| constituted prior to the annexation; and if the aggregate of |
10 |
| the general State aid and supplemental general State aid as so |
11 |
| computed for the district gaining territory and the district |
12 |
| losing territory as constituted after the annexation is less |
13 |
| than the aggregate of the general State aid and supplemental |
14 |
| general State aid as so computed for the district gaining |
15 |
| territory and the district losing territory as constituted |
16 |
| prior to the annexation, then a supplementary payment shall be |
17 |
| made to the annexing district for the first 4 years of |
18 |
| existence after the annexation, equal to the difference |
19 |
| multiplied by the ratio of student enrollment in the territory |
20 |
| detached to the total student enrollment in the district losing |
21 |
| territory for the year prior to the effective date of the |
22 |
| annexation. The amount of the total difference and the |
23 |
| proportion paid to the annexing district shall be computed by |
24 |
| the State Board of Education on the basis of pupil enrollment |
25 |
| and other data that must be submitted to the State Board of |
26 |
| Education in accordance with Section 7-14A of this Code. The |
|
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| changes to this Section made by this amendatory Act of the 95th |
2 |
| General Assembly are intended to be retroactive and applicable |
3 |
| to any annexation taking effect on or after July 1, 2004. For |
4 |
| annexations that are eligible for payments under this paragraph |
5 |
| (6.5) and that are effective on or after July 1, 2004, but |
6 |
| before the effective date of this amendatory Act of the 95th |
7 |
| General Assembly, the first required yearly payment under this |
8 |
| paragraph (6.5) shall be paid in the fiscal year of the |
9 |
| effective date of this amendatory Act of the 95th General |
10 |
| Assembly. Subsequent required yearly payments shall be paid in |
11 |
| subsequent fiscal years until the payment obligation under this |
12 |
| paragraph (6.5) is complete.
|
13 |
| (7) Claims for financial assistance under this subsection |
14 |
| (a) may not be recomputed except as expressly provided under |
15 |
| Section 18-8.05 of this Code. |
16 |
| (8) Any supplementary payment made under this subsection |
17 |
| (a) must be treated as separate from all other payments made |
18 |
| pursuant to Section 18-8.05 of this Code. |
19 |
| (b)(1) After the formation of a combined school district, |
20 |
| as defined in Section 11E-20 of this Code, or a unit district, |
21 |
| as defined in Section 11E-25 of this Code, a computation shall |
22 |
| be made to determine the difference between the salaries |
23 |
| effective in each of the previously existing districts on June |
24 |
| 30, prior to the creation of the new district. For the first 4 |
25 |
| years after the formation of the new district, a supplementary |
26 |
| State aid reimbursement shall be paid to the new district equal |
|
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| to the difference between the sum of the salaries earned by |
2 |
| each of the certificated members of the new district, while |
3 |
| employed in one of the previously existing districts during the |
4 |
| year immediately preceding the formation of the new district, |
5 |
| and the sum of the salaries those certificated members would |
6 |
| have been paid during the year immediately prior to the |
7 |
| formation of the new district if placed on the salary schedule |
8 |
| of the previously existing district with the highest salary |
9 |
| schedule. |
10 |
| (2) After the territory of one or more school districts is |
11 |
| annexed by one or more other school districts as defined in |
12 |
| Article 7 of this Code, a computation shall be made to |
13 |
| determine the difference between the salaries effective in each |
14 |
| annexed district and in the annexing district or districts as |
15 |
| they were each constituted on June 30 preceding the date when |
16 |
| the change of boundaries attributable to the annexation became |
17 |
| effective for all purposes, as determined under Section 7-9 of |
18 |
| this Code. For the first 4 years after the annexation, a |
19 |
| supplementary State aid reimbursement shall be paid to each |
20 |
| annexing district as constituted after the annexation equal to |
21 |
| the difference between the sum of the salaries earned by each |
22 |
| of the certificated members of the annexing district as |
23 |
| constituted after the annexation, while employed in an annexed |
24 |
| or annexing district during the year immediately preceding the |
25 |
| annexation, and the sum of the salaries those certificated |
26 |
| members would have been paid during the immediately preceding |
|
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| year if placed on the salary schedule of whichever of the |
2 |
| annexing or annexed districts had the highest salary schedule |
3 |
| during the immediately preceding year. |
4 |
| (3) For each new high school district formed under a school |
5 |
| district conversion, as defined in Section 11E-15 of this Code, |
6 |
| the State shall make a supplementary payment for 4 years equal |
7 |
| to the difference between the sum of the salaries earned by |
8 |
| each certified member of the new high school district, while |
9 |
| employed in one of the previously existing districts, and the |
10 |
| sum of the salaries those certified members would have been |
11 |
| paid if placed on the salary schedule of the previously |
12 |
| existing district with the highest salary schedule. |
13 |
| (4) For each newly created partial elementary unit |
14 |
| district, the State shall make a supplementary payment for 4 |
15 |
| years equal to the difference between the sum of the salaries |
16 |
| earned by each certified member of the newly created partial |
17 |
| elementary unit district, while employed in one of the |
18 |
| previously existing districts that formed the partial |
19 |
| elementary unit district, and the sum of the salaries those |
20 |
| certified members would have been paid if placed on the salary |
21 |
| schedule of the previously existing district with the highest |
22 |
| salary schedule. The salary schedules used in the calculation |
23 |
| shall be those in effect in the previously existing districts |
24 |
| for the school year prior to the creation of the new partial |
25 |
| elementary unit district. |
26 |
| (5) For an elementary district opt-in, as described in |
|
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| subsection (d) of Section 11E-30 of this Code, the salary |
2 |
| difference incentive shall be computed in accordance with |
3 |
| paragraph (4) of this subsection (b) as if the opted-in |
4 |
| elementary district was included in the optional elementary |
5 |
| unit district at the optional elementary unit district's |
6 |
| original effective date. If the calculation in this paragraph |
7 |
| (5) is less than that calculated in paragraph (4) of this |
8 |
| subsection (b) at the optional elementary unit district's |
9 |
| original effective date, then no adjustments may be made. If |
10 |
| the calculation in this paragraph (5) is more than that |
11 |
| calculated in paragraph (4) of this subsection (b) at the |
12 |
| optional elementary unit district's original effective date, |
13 |
| then the excess must be paid as follows: |
14 |
| (A) If the effective date for the elementary opt-in is |
15 |
| one year after the effective date for the optional |
16 |
| elementary unit district, 100% of the calculated excess |
17 |
| shall be paid to the optional elementary unit district in |
18 |
| each of the first 4 years after the effective date of the |
19 |
| elementary opt-in. |
20 |
| (B) If the effective date for the elementary opt-in is |
21 |
| 2 years after the effective date for the optional |
22 |
| elementary unit district, 75% of the calculated excess |
23 |
| shall be paid to the optional elementary unit district in |
24 |
| each of the first 4 years after the effective date of the |
25 |
| elementary opt-in. |
26 |
| (C) If the effective date for the elementary opt-in is |
|
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| 3 years after the effective date for the optional |
2 |
| elementary unit district, 50% of the calculated excess |
3 |
| shall be paid to the optional elementary unit district in |
4 |
| each of the first 4 years after the effective date of the |
5 |
| elementary opt-in. |
6 |
| (D) If the effective date for the elementary opt-in is |
7 |
| 4 years after the effective date for the partial elementary |
8 |
| unit district, 25% of the calculated excess shall be paid |
9 |
| to the optional elementary unit district in each of the |
10 |
| first 4 years after the effective date of the elementary |
11 |
| opt-in. |
12 |
| (E) If the effective date for the elementary opt-in is |
13 |
| 5 years after the effective date for the optional |
14 |
| elementary unit district, the optional elementary unit |
15 |
| district is not eligible for any additional incentives due |
16 |
| to the elementary opt-in. |
17 |
| (5.5)
(b-5) After the formation of a cooperative high |
18 |
| school by 2 or more school districts under Section 10-22.22c of |
19 |
| this Code, a computation shall be made to determine the |
20 |
| difference between the salaries effective in each of the |
21 |
| previously existing high schools on June 30 prior to the |
22 |
| formation of the cooperative high school. For the first 4 years |
23 |
| after the formation of the cooperative high school, a |
24 |
| supplementary State aid reimbursement shall be paid to the |
25 |
| cooperative high school equal to the difference between the sum |
26 |
| of the salaries earned by each of the certificated members of |
|
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| the cooperative high school while employed in one of the |
2 |
| previously existing high schools during the year immediately |
3 |
| preceding the formation of the cooperative high school and the |
4 |
| sum of the salaries those certificated members would have been |
5 |
| paid during the year immediately prior to the formation of the |
6 |
| cooperative high school if placed on the salary schedule of the |
7 |
| previously existing high school with the highest salary |
8 |
| schedule. |
9 |
| (5.10) After the annexation of territory detached from
|
10 |
| another school district whereby the enrollment of the annexing
|
11 |
| district increases by 90% or more as a result of the
|
12 |
| annexation, a computation shall be made to determine the
|
13 |
| difference between the salaries effective in the district
|
14 |
| gaining territory and the district losing territory as they
|
15 |
| each were constituted on June 30 preceding the date when the
|
16 |
| change of boundaries attributable to the annexation became
|
17 |
| effective for all purposes as determined under Section 7-9 of
|
18 |
| this Code. For the first 4 years after the annexation, a
|
19 |
| supplementary State aid reimbursement shall be paid to the
|
20 |
| annexing district equal to the difference between the sum of
|
21 |
| the salaries earned by each of the certificated members of the
|
22 |
| annexing district as constituted after the annexation while
|
23 |
| employed in the district gaining territory or the district
|
24 |
| losing territory during the year immediately preceding the
|
25 |
| annexation and the sum of the salaries those certificated
|
26 |
| members would have been paid during such immediately preceding
|
|
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| year if placed on the salary schedule of whichever of the
|
2 |
| district gaining territory or district losing territory had the
|
3 |
| highest salary schedule during the immediately preceding year.
|
4 |
| To be eligible for supplementary State aid reimbursement under
|
5 |
| this Section, the intergovernmental agreement to be submitted
|
6 |
| pursuant to Section 7-14A of this Code must show that staff
|
7 |
| members were transferred from the control of the district
|
8 |
| losing territory to the control of the district gaining
|
9 |
| territory in the annexation. The changes to this Section made
|
10 |
| by this amendatory Act of the 95th General Assembly are
|
11 |
| intended to be retroactive and applicable to any annexation
|
12 |
| taking effect on or after July 1, 2004. For annexations that |
13 |
| are eligible for payments under this paragraph (5.10) and that |
14 |
| are effective on or after July 1, 2004, but before the |
15 |
| effective date of this amendatory Act of the 95th General |
16 |
| Assembly, the first required yearly payment under this |
17 |
| paragraph (5.10) shall be paid in the fiscal year of the |
18 |
| effective date of this amendatory Act of the 95th General |
19 |
| Assembly. Subsequent required yearly payments shall be paid in |
20 |
| subsequent fiscal years until the payment obligation under this |
21 |
| paragraph (5.10) is complete.
|
22 |
| (5.15) After the deactivation of a school facility in |
23 |
| accordance with Section 10-22.22b of this Code, a computation |
24 |
| shall be made to determine the difference between the salaries |
25 |
| effective in the sending school district and each receiving |
26 |
| school district on June 30 prior to the deactivation of the |
|
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| school facility. For the lesser of the first 4 years after the |
2 |
| deactivation of the school facility or the length of the |
3 |
| deactivation agreement, including any renewals of the original |
4 |
| deactivation agreement, a supplementary State aid |
5 |
| reimbursement shall be paid to each receiving district equal to |
6 |
| the difference between the sum of the salaries earned by each |
7 |
| of the certificated members transferred to that receiving |
8 |
| district as a result of the deactivation while employed in the |
9 |
| sending district during the year immediately preceding the |
10 |
| deactivation and the sum of the salaries those certificated |
11 |
| members would have been paid during the year immediately |
12 |
| preceding the deactivation if placed on the salary schedule of |
13 |
| the sending or receiving district with the highest salary |
14 |
| schedule.
|
15 |
| (6) The supplementary State aid reimbursement under this |
16 |
| subsection (b) shall be treated as separate from all other |
17 |
| payments made pursuant to Section 18-8.05 of this Code. In the |
18 |
| case of the formation of a new district or cooperative high |
19 |
| school or a deactivation , reimbursement shall begin during the |
20 |
| first year of operation of the new district or cooperative high |
21 |
| school or the first year of the deactivation , and in the case |
22 |
| of an annexation of the territory of one or more school |
23 |
| districts by one or more other school districts or the |
24 |
| annexation of territory detached from a school district whereby
|
25 |
| the enrollment of the annexing district increases by 90% or
|
26 |
| more as a result of the annexation , reimbursement shall begin |
|
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| during the first year when the change in boundaries |
2 |
| attributable to the annexation or division becomes effective |
3 |
| for all purposes as determined pursuant to Section 7-9 of this |
4 |
| Code , except that for an annexation of territory detached from |
5 |
| a school district that is effective on or after July 1, 2004, |
6 |
| but before the effective date of this amendatory Act of the |
7 |
| 95th General Assembly, whereby the enrollment of the annexing |
8 |
| district increases by 90% or more as a result of the |
9 |
| annexation, reimbursement shall begin during the fiscal year of |
10 |
| the effective date of this amendatory Act of the 95th General |
11 |
| Assembly . Each year that the new, annexing, or receiving
|
12 |
| resulting district or cooperative high school, as the case may |
13 |
| be, is entitled to receive reimbursement, the number of |
14 |
| eligible certified members who are employed on October 1 in the |
15 |
| district or cooperative high school shall be certified to the |
16 |
| State Board of Education on prescribed forms by October 15 and |
17 |
| payment shall be made on or before November 15 of that year. |
18 |
| (c)(1) For the first year after the formation of a combined |
19 |
| school district, as defined in Section 11E-20 of this Code or a |
20 |
| unit district, as defined in Section 11E-25 of this Code, a |
21 |
| computation shall be made totaling each previously existing |
22 |
| district's audited fund balances in the educational fund, |
23 |
| working cash fund, operations and maintenance fund, and |
24 |
| transportation fund for the year ending June 30 prior to the |
25 |
| referendum for the creation of the new district. The new |
26 |
| district shall be paid supplementary State aid equal to the sum |
|
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| of the differences between the deficit of the previously |
2 |
| existing district with the smallest deficit and the deficits of |
3 |
| each of the other previously existing districts. |
4 |
| (2) For the first year after the annexation of all of the |
5 |
| territory of one or more entire school districts by another |
6 |
| school district, as defined in Article 7 of this Code, |
7 |
| computations shall be made, for the year ending June 30 prior |
8 |
| to the date that the change of boundaries attributable to the |
9 |
| annexation is allowed by the affirmative decision issued by the |
10 |
| regional board of school trustees under Section 7-6 of this |
11 |
| Code, notwithstanding any effort to seek administrative review |
12 |
| of the decision, totaling the annexing district's and totaling |
13 |
| each annexed district's audited fund balances in their |
14 |
| respective educational, working cash, operations and |
15 |
| maintenance, and transportation funds. The annexing district |
16 |
| as constituted after the annexation shall be paid supplementary |
17 |
| State aid equal to the sum of the differences between the |
18 |
| deficit of whichever of the annexing or annexed districts as |
19 |
| constituted prior to the annexation had the smallest deficit |
20 |
| and the deficits of each of the other districts as constituted |
21 |
| prior to the annexation. |
22 |
| (3) For the first year after the annexation of all of the |
23 |
| territory of one or more entire school districts by 2 or more |
24 |
| other school districts, as defined by Article 7 of this Code, |
25 |
| computations shall be made, for the year ending June 30 prior |
26 |
| to the date that the change of boundaries attributable to the |
|
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| annexation is allowed by the affirmative decision of the |
2 |
| regional board of school trustees under Section 7-6 of this |
3 |
| Code, notwithstanding any action for administrative review of |
4 |
| the decision, totaling each annexing and annexed district's |
5 |
| audited fund balances in their respective educational, working |
6 |
| cash, operations and maintenance, and transportation funds. |
7 |
| The annexing districts as constituted after the annexation |
8 |
| shall be paid supplementary State aid, allocated as provided in |
9 |
| this paragraph (3), in an aggregate amount equal to the sum of |
10 |
| the differences between the deficit of whichever of the |
11 |
| annexing or annexed districts as constituted prior to the |
12 |
| annexation had the smallest deficit and the deficits of each of |
13 |
| the other districts as constituted prior to the annexation. The |
14 |
| aggregate amount of the supplementary State aid payable under |
15 |
| this paragraph (3) shall be allocated between or among the |
16 |
| annexing districts as follows: |
17 |
| (A) the regional superintendent of schools for each |
18 |
| educational service region in which an annexed district is |
19 |
| located prior to the annexation shall certify to the State |
20 |
| Board of Education, on forms that it shall provide for that |
21 |
| purpose, the value of all taxable property in each annexed |
22 |
| district, as last equalized or assessed by the Department |
23 |
| of Revenue prior to the annexation, and the equalized |
24 |
| assessed value of each part of the annexed district that |
25 |
| was annexed to or included as a part of an annexing |
26 |
| district; |
|
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| (B) using equalized assessed values as certified by the |
2 |
| regional superintendent of schools under clause (A) of this |
3 |
| paragraph (3), the combined audited fund balance deficit of |
4 |
| each annexed district as determined under this Section |
5 |
| shall be apportioned between or among the annexing |
6 |
| districts in the same ratio as the equalized assessed value |
7 |
| of that part of the annexed district that was annexed to or |
8 |
| included as a part of an annexing district bears to the |
9 |
| total equalized assessed value of the annexed district; and |
10 |
| (C) the aggregate supplementary State aid payment |
11 |
| under this paragraph (3) shall be allocated between or |
12 |
| among, and shall be paid to, the annexing districts in the |
13 |
| same ratio as the sum of the combined audited fund balance |
14 |
| deficit of each annexing district as constituted prior to |
15 |
| the annexation, plus all combined audited fund balance |
16 |
| deficit amounts apportioned to that annexing district |
17 |
| under clause (B) of this subsection, bears to the aggregate |
18 |
| of the combined audited fund balance deficits of all of the |
19 |
| annexing and annexed districts as constituted prior to the |
20 |
| annexation. |
21 |
| (4) For the new elementary districts and new high school |
22 |
| district formed through a school district conversion, as |
23 |
| defined in subsection (b) of Section 11E-15 of this Code or the |
24 |
| new elementary district or districts and new combined high |
25 |
| school - unit district formed through a multi-unit conversion, |
26 |
| as defined in subsection (b) of Section 11E-30 of this Code, a |
|
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| computation shall be made totaling each previously existing |
2 |
| district's audited fund balances in the educational fund, |
3 |
| working cash fund, operations and maintenance fund, and |
4 |
| transportation fund for the year ending June 30 prior to the |
5 |
| referendum establishing the new districts. In the first year of |
6 |
| the new districts, the State shall make a one-time |
7 |
| supplementary payment equal to the sum of the differences |
8 |
| between the deficit of the previously existing district with |
9 |
| the smallest deficit and the deficits of each of the other |
10 |
| previously existing districts. A district with a combined |
11 |
| balance among the 4 funds that is positive shall be considered |
12 |
| to have a deficit of zero. The supplementary payment shall be |
13 |
| allocated among the newly formed high school and elementary |
14 |
| districts in the manner provided by the petition for the |
15 |
| formation of the districts, in the form in which the petition |
16 |
| is approved by the regional superintendent of schools or State |
17 |
| Superintendent of Education under Section 11E-50 of this Code. |
18 |
| (5) For each newly created partial elementary unit |
19 |
| district, as defined in subsection (a) or (c) of Section 11E-30 |
20 |
| of this Code, a computation shall be made totaling the audited |
21 |
| fund balances of each previously existing district that formed |
22 |
| the new partial elementary unit district in the educational |
23 |
| fund, working cash fund, operations and maintenance fund, and |
24 |
| transportation fund for the year ending June 30 prior to the |
25 |
| referendum for the formation of the partial elementary unit |
26 |
| district. In the first year of the new partial elementary unit |
|
|
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| district, the State shall make a one-time supplementary payment |
2 |
| to the new district equal to the sum of the differences between |
3 |
| the deficit of the previously existing district with the |
4 |
| smallest deficit and the deficits of each of the other |
5 |
| previously existing districts. A district with a combined |
6 |
| balance among the 4 funds that is positive shall be considered |
7 |
| to have a deficit of zero. |
8 |
| (6) For an elementary opt-in as defined in subsection (d) |
9 |
| of Section 11E-30 of this Code, the deficit fund balance |
10 |
| incentive shall be computed in accordance with paragraph (5) of |
11 |
| this subsection (c) as if the opted-in elementary was included |
12 |
| in the optional elementary unit district at the optional |
13 |
| elementary unit district's original effective date. If the |
14 |
| calculation in this paragraph (6) is less than that calculated |
15 |
| in paragraph (5) of this subsection (c) at the optional |
16 |
| elementary unit district's original effective date, then no |
17 |
| adjustments may be made. If the calculation in this paragraph |
18 |
| (6) is more than that calculated in paragraph (5) of this |
19 |
| subsection (c) at the optional elementary unit district's |
20 |
| original effective date, then the excess must be paid as |
21 |
| follows: |
22 |
| (A) If the effective date for the elementary opt-in is |
23 |
| one year after the effective date for the optional |
24 |
| elementary unit district, 100% of the calculated excess |
25 |
| shall be paid to the optional elementary unit district in |
26 |
| the first year after the effective date of the elementary |
|
|
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| opt-in. |
2 |
| (B) If the effective date for the elementary opt-in is |
3 |
| 2 years after the effective date for the optional |
4 |
| elementary unit district, 75% of the calculated excess |
5 |
| shall be paid to the optional elementary unit district in |
6 |
| the first year after the effective date of the elementary |
7 |
| opt-in. |
8 |
| (C) If the effective date for the elementary opt-in is |
9 |
| 3 years after the effective date for the optional |
10 |
| elementary unit district, 50% of the calculated excess |
11 |
| shall be paid to the optional elementary unit district in |
12 |
| the first year after the effective date of the elementary |
13 |
| opt-in. |
14 |
| (D) If the effective date for the elementary opt-in is |
15 |
| 4 years after the effective date for the optional |
16 |
| elementary unit district, 25% of the calculated excess |
17 |
| shall be paid to the optional elementary unit district in |
18 |
| the first year after the effective date of the elementary |
19 |
| opt-in. |
20 |
| (E) If the effective date for the elementary opt-in is |
21 |
| 5 years after the effective date for the optional |
22 |
| elementary unit district, the optional elementary unit |
23 |
| district is not eligible for any additional incentives due |
24 |
| to the elementary opt-in. |
25 |
| (6.5) For the first year after the annexation of territory
|
26 |
| detached from another school district whereby the enrollment of
|
|
|
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| the annexing district increases by 90% or more as a result of
|
2 |
| the annexation, a computation shall be made totaling the
|
3 |
| audited fund balances of the district gaining territory and the
|
4 |
| audited fund balances of the district losing territory in the
|
5 |
| educational fund, working cash fund, operations and
|
6 |
| maintenance fund, and transportation fund for the year ending
|
7 |
| June 30 prior to the date that the change of boundaries
|
8 |
| attributable to the annexation is allowed by the affirmative
|
9 |
| decision of the regional board of school trustees under Section
|
10 |
| 7-6 of this Code, notwithstanding any action for administrative
|
11 |
| review of the decision. The annexing district as constituted
|
12 |
| after the annexation shall be paid supplementary State aid
|
13 |
| equal to the difference between the deficit of whichever
|
14 |
| district included in this calculation as constituted prior to
|
15 |
| the annexation had the smallest deficit and the deficit of each
|
16 |
| other district included in this calculation as constituted
|
17 |
| prior to the annexation, multiplied by the ratio of equalized
|
18 |
| assessed value of the territory detached to the total equalized
|
19 |
| assessed value of the district losing territory. The regional
|
20 |
| superintendent of schools for the educational service region in
|
21 |
| which a district losing territory is located prior to the
|
22 |
| annexation shall certify to the State Board of Education the
|
23 |
| value of all taxable property in the district losing territory
|
24 |
| and the value of all taxable property in the territory being
|
25 |
| detached, as last equalized or assessed by the Department of
|
26 |
| Revenue prior to the annexation. To be eligible for
|
|
|
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| supplementary State aid reimbursement under this Section, the
|
2 |
| intergovernmental agreement to be submitted pursuant to
|
3 |
| Section 7-14A of this Code must show that fund balances were
|
4 |
| transferred from the district losing territory to the district
|
5 |
| gaining territory in the annexation. The changes to this
|
6 |
| Section made by this amendatory Act of the 95th General
|
7 |
| Assembly are intended to be retroactive and applicable to any
|
8 |
| annexation taking effect on or after July 1, 2004. For |
9 |
| annexations that are eligible for payments under this paragraph |
10 |
| (6.5) and that are effective on or after July 1, 2004, but |
11 |
| before the effective date of this amendatory Act of the 95th |
12 |
| General Assembly, the required payment under this paragraph |
13 |
| (6.5) shall be paid in the fiscal year of the effective date of |
14 |
| this amendatory Act of the 95th General Assembly.
|
15 |
| (7) For purposes of any calculation required under |
16 |
| paragraph (1), (2), (3), (4), (5), or (6) , or (6.5) of this |
17 |
| subsection (c), a district with a combined fund balance that is |
18 |
| positive shall be considered to have a deficit of zero. For |
19 |
| purposes of determining each district's audited fund balances |
20 |
| in its educational fund, working cash fund, operations and |
21 |
| maintenance fund, and transportation fund for the specified |
22 |
| year ending June 30, as provided in paragraphs (1), (2), (3), |
23 |
| (4), (5), and (6) , and (6.5) of this subsection (c), the |
24 |
| balance of each fund shall be deemed decreased by an amount |
25 |
| equal to the amount of the annual property tax theretofore |
26 |
| levied in the fund by the district for collection and payment |
|
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| to the district during the calendar year in which the June 30 |
2 |
| fell, but only to the extent that the tax so levied in the fund |
3 |
| actually was received by the district on or before or comprised |
4 |
| a part of the fund on such June 30. For purposes of determining |
5 |
| each district's audited fund balances, a calculation shall be |
6 |
| made for each fund to determine the average for the 3 years |
7 |
| prior to the specified year ending June 30, as provided in |
8 |
| paragraphs (1), (2), (3), (4), (5), and (6) , and (6.5) of this |
9 |
| subsection (c), of the district's expenditures in the |
10 |
| categories "purchased services", "supplies and materials", and |
11 |
| "capital outlay", as those categories are defined in rules of |
12 |
| the State Board of Education. If this 3-year average is less |
13 |
| than the district's expenditures in these categories for the |
14 |
| specified year ending June 30, as provided in paragraphs (1), |
15 |
| (2), (3), (4), (5), and (6) , and (6.5) of this subsection (c), |
16 |
| then the 3-year average shall be used in calculating the |
17 |
| amounts payable under this Section in place of the amounts |
18 |
| shown in these categories for the specified year ending June |
19 |
| 30, as provided in paragraphs (1), (2), (3), (4), (5), and (6) , |
20 |
| and (6.5) of this subsection (c). Any deficit because of State |
21 |
| aid not yet received may not be considered in determining the |
22 |
| June 30 deficits. The same basis of accounting shall be used by |
23 |
| all previously existing districts and by all annexing or |
24 |
| annexed districts, as constituted prior to the annexation, in |
25 |
| making any computation required under paragraphs (1), (2), (3), |
26 |
| (4), (5), and (6) , and (6.5) of this subsection (c). |
|
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| (8) The supplementary State aid payments under this |
2 |
| subsection (c) shall be treated as separate from all other |
3 |
| payments made pursuant to Section 18-8.05 of this Code. |
4 |
| (d)(1) Following the formation of a combined school |
5 |
| district, as defined in Section 11E-20 of this Code, a new unit |
6 |
| district, as defined in Section 11E-25 of this Code, a new |
7 |
| elementary district or districts and a new high school district |
8 |
| formed through a school district conversion, as defined in |
9 |
| subsection (b) of Section 11E-15 of this Code, a new partial |
10 |
| elementary unit district, as defined in Section 11E-30 of this |
11 |
| Code, or a new elementary district or districts formed through |
12 |
| a multi-unit conversion, as defined in subsection (b) of |
13 |
| Section 11E-30 of this Code, or the annexation of all of the |
14 |
| territory of one or more entire school districts by one or more |
15 |
| other school districts, as defined in Article 7 of this Code, a |
16 |
| supplementary State aid reimbursement shall be paid for the |
17 |
| number of school years determined under the following table to |
18 |
| each new or annexing district equal to the sum of $4,000 for |
19 |
| each certified employee who is employed by the district on a |
20 |
| full-time basis for the regular term of the school year: |
|
21 | | Reorganized District's Rank |
Reorganized District's Rank |
|
22 | | by type of district (unit, |
in Average Daily Attendance |
|
23 | | high school, elementary) |
By Quintile |
|
24 | | in Equalized Assessed Value |
|
|
|
|
25 | | Per Pupil by Quintile |
|
|
|
|
|
|
|
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|
1 | | |
|
|
3rd, 4th, |
|
2 | | |
1st |
2nd |
or 5th |
|
3 | | |
Quintile |
Quintile |
Quintile |
|
4 | | 1st Quintile |
1 year |
1 year |
1 year |
|
5 | | 2nd Quintile |
1 year |
2 years |
2 years |
|
6 | | 3rd Quintile |
2 years |
3 years |
3 years |
|
7 | | 4th Quintile |
2 years |
3 years |
3 years |
|
8 | | 5th Quintile |
2 years |
3 years |
3 years |
|
9 |
| The State Board of Education shall make a one-time calculation |
10 |
| of a reorganized district's quintile ranks. The average daily |
11 |
| attendance used in this calculation shall be the best 3 months' |
12 |
| average daily attendance for the district's first year. The |
13 |
| equalized assessed value per pupil shall be the district's real |
14 |
| property equalized assessed value used in calculating the |
15 |
| district's first-year general State aid claim, under Section |
16 |
| 18-8.05 of this Code, divided by the best 3 months' average |
17 |
| daily attendance. |
18 |
| No annexing or resulting school district shall be entitled |
19 |
| to supplementary State aid under this subsection (d) unless the |
20 |
| district acquires at least 30% of the average daily attendance |
21 |
| of the district from which the territory is being detached or |
22 |
| divided. |
23 |
| If a district results from multiple reorganizations that |
24 |
| would otherwise qualify the district for multiple payments |
25 |
| under this subsection (d) in any year, then the district shall |
|
|
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|
1 |
| receive a single payment only for that year based solely on the |
2 |
| most recent reorganization. |
3 |
| (2) For an elementary opt-in, as defined in subsection (d) |
4 |
| of Section 11E-30 of this Code, the full-time certified staff |
5 |
| incentive shall be computed in accordance with paragraph (1) of |
6 |
| this subsection (d), equal to the sum of $4,000 for each |
7 |
| certified employee of the elementary district that opts-in who |
8 |
| is employed by the optional elementary unit district on a |
9 |
| full-time basis for the regular term of the school year. The |
10 |
| calculation from this paragraph (2) must be paid as follows: |
11 |
| (A) If the effective date for the elementary opt-in is |
12 |
| one year after the effective date for the optional |
13 |
| elementary unit district, 100% of the amount calculated in |
14 |
| this paragraph (2) shall be paid to the optional elementary |
15 |
| unit district for the number of years calculated in |
16 |
| paragraph (1) of this subsection (d) at the optional |
17 |
| elementary unit district's original effective date, |
18 |
| starting in the second year after the effective date of the |
19 |
| elementary opt-in. |
20 |
| (B) If the effective date for the elementary opt-in is |
21 |
| 2 years after the effective date for the optional |
22 |
| elementary unit district, 75% of the amount calculated in |
23 |
| this paragraph (2) shall be paid to the optional elementary |
24 |
| unit district for the number of years calculated in |
25 |
| paragraph (1) of this subsection (d) at the optional |
26 |
| elementary unit district's original effective date, |
|
|
|
09500HB0471sam002 |
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|
1 |
| starting in the second year after the effective date of the |
2 |
| elementary opt-in. |
3 |
| (C) If the effective date for the elementary opt-in is |
4 |
| 3 years after the effective date for the optional |
5 |
| elementary unit district, 50% of the amount calculated in |
6 |
| this paragraph (2) shall be paid to the optional elementary |
7 |
| unit district for the number of years calculated in |
8 |
| paragraph (1) of this subsection (d) at the optional |
9 |
| elementary unit district's original effective date, |
10 |
| starting in the second year after the effective date of the |
11 |
| elementary opt-in. |
12 |
| (D) If the effective date for the elementary opt-in is |
13 |
| 4 years after the effective date for the optional |
14 |
| elementary unit district, 25% of the amount calculated in |
15 |
| this paragraph (2) shall be paid to the optional elementary |
16 |
| unit district for the number of years calculated in |
17 |
| paragraph (1) of this subsection (d) at the optional |
18 |
| elementary unit district's original effective date, |
19 |
| starting in the second year after the effective date of the |
20 |
| elementary opt-in. |
21 |
| (E) If the effective date for the elementary opt-in is |
22 |
| 5 years after the effective date for the optional |
23 |
| elementary unit district, the optional elementary unit |
24 |
| district is not eligible for any additional incentives due |
25 |
| to the elementary opt-in. |
26 |
| (2.5)
(a-5) Following the formation of a cooperative high |
|
|
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| school by 2 or more school districts under Section 10-22.22c of |
2 |
| this Code, a supplementary State aid reimbursement shall be |
3 |
| paid for 3 school years to the cooperative high school equal to |
4 |
| the sum of $4,000 for each certified employee who is employed |
5 |
| by the cooperative high school on a full-time basis for the |
6 |
| regular term of any such school year. If a cooperative high |
7 |
| school results from multiple agreements that would otherwise |
8 |
| qualify the cooperative high school for multiple payments under |
9 |
| this Section in any year, the cooperative high school shall |
10 |
| receive a single payment for that year based solely on the most |
11 |
| recent agreement. |
12 |
| (2.10) Following the annexation of territory detached from
|
13 |
| another school district whereby the enrollment of the annexing
|
14 |
| district increases 90% or more as a result of the annexation, a
|
15 |
| supplementary State aid reimbursement shall be paid to the
|
16 |
| annexing district equal to the sum of $4,000 for each certified
|
17 |
| employee who is employed by the annexing district on a
|
18 |
| full-time basis and shall be calculated in accordance with
|
19 |
| subsection (a) of this Section. To be eligible for
|
20 |
| supplementary State aid reimbursement under this Section, the
|
21 |
| intergovernmental agreement to be submitted pursuant to
|
22 |
| Section 7-14A of this Code must show that certified staff
|
23 |
| members were transferred from the control of the district
|
24 |
| losing territory to the control of the district gaining
|
25 |
| territory in the annexation. The changes to this Section made
|
26 |
| by this amendatory Act of the 95th General Assembly are
|
|
|
|
09500HB0471sam002 |
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|
1 |
| intended to be retroactive and applicable to any annexation
|
2 |
| taking effect on or after July 1, 2004. For annexations that |
3 |
| are eligible for payments under this paragraph (2.10) and that |
4 |
| are effective on or after July 1, 2004, but before the |
5 |
| effective date of this amendatory Act of the 95th General |
6 |
| Assembly, the first required yearly payment under this |
7 |
| paragraph (2.10) shall be paid in the second fiscal year after |
8 |
| the effective date of this amendatory Act of the 95th General |
9 |
| Assembly. Any subsequent required yearly payments shall be paid |
10 |
| in subsequent fiscal years until the payment obligation under |
11 |
| this paragraph (2.10) is complete.
|
12 |
| (2.15) Following the deactivation of a school facility in |
13 |
| accordance with Section 10-22.22b of this Code, a supplementary |
14 |
| State aid reimbursement shall be paid for the lesser of 3 |
15 |
| school years or the length of the deactivation agreement, |
16 |
| including any renewals of the original deactivation agreement, |
17 |
| to each receiving school district equal to the sum of $4,000 |
18 |
| for each certified employee who is employed by that receiving |
19 |
| district on a full-time basis for the regular term of any such |
20 |
| school year who was originally transferred to the control of |
21 |
| that receiving district as a result of the deactivation. |
22 |
| Receiving districts are eligible for payments under this |
23 |
| paragraph (2.15) based on the certified employees transferred |
24 |
| to that receiving district as a result of the deactivation and |
25 |
| are not required to receive at least 30% of the deactivating |
26 |
| district's average daily attendance as required under |
|
|
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|
1 |
| paragraph (1) of this subsection (d) to be eligible for |
2 |
| payments.
|
3 |
| (3) The supplementary State aid reimbursement payable |
4 |
| under this subsection (d) shall be separate from and in |
5 |
| addition to all other payments made to the district pursuant to |
6 |
| any other Section of this Article. |
7 |
| (4) During May of each school year for which a |
8 |
| supplementary State aid reimbursement is to be paid to a new ,
|
9 |
| or annexing , or receiving school district or cooperative high |
10 |
| school pursuant to this subsection (d), the school board or |
11 |
| governing board shall certify to the State Board of Education, |
12 |
| on forms furnished to the school board or governing board by |
13 |
| the State Board of Education for purposes of this subsection |
14 |
| (d), the number of certified employees for which the district |
15 |
| or cooperative high school is entitled to reimbursement under |
16 |
| this Section, together with the names, certificate numbers, and |
17 |
| positions held by the certified employees. |
18 |
| (5) Upon certification by the State Board of Education to |
19 |
| the State Comptroller of the amount of the supplementary State |
20 |
| aid reimbursement to which a school district or cooperative |
21 |
| high school is entitled under this subsection (d), the State |
22 |
| Comptroller shall draw his or her warrant upon the State |
23 |
| Treasurer for the payment thereof to the school district or |
24 |
| cooperative high school and shall promptly transmit the payment |
25 |
| to the school district or cooperative high school through the |
26 |
| appropriate school treasurer.
|
|
|
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09500HB0471sam002 |
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|
1 |
| (Source: P.A. 94-1019, eff. 7-10-06; incorporates P.A. 94-902, |
2 |
| eff. 7-1-06; revised 9-13-06.)
|
3 |
| (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
|
4 |
| Sec. 14-13.01. Reimbursement payable by State; Amounts. |
5 |
| Reimbursement for furnishing special educational facilities in |
6 |
| a
recognized school to the type of children defined in Section |
7 |
| 14-1.02
shall be paid to the school districts in accordance |
8 |
| with Section 14-12.01
for each school year ending June 30 by |
9 |
| the State Comptroller out of any money
in the treasury |
10 |
| appropriated for such purposes on the presentation of vouchers
|
11 |
| by the State Board of Education.
|
12 |
| The reimbursement shall be limited to funds expended for |
13 |
| construction
and maintenance of special education facilities |
14 |
| designed and utilized to
house instructional programs, |
15 |
| diagnostic services, other special
education services for |
16 |
| children with disabilities and
reimbursement as
provided in |
17 |
| Section 14-13.01. There shall be no reimbursement for
|
18 |
| construction and maintenance of any administrative facility |
19 |
| separated
from special education facilities designed and |
20 |
| utilized to house
instructional programs, diagnostic services |
21 |
| and other special education
services for children with |
22 |
| disabilities.
|
23 |
| (a) For children who have not been identified as eligible |
24 |
| for special
education and for eligible children with physical
|
25 |
| disabilities, including all
eligible children whose placement |
|
|
|
09500HB0471sam002 |
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|
1 |
| has been determined under Section 14-8.02 in
hospital or home |
2 |
| instruction, 1/2 of the teacher's salary but not more than
|
3 |
| $1,000 annually per child or $8,000 per teacher for the |
4 |
| 1985-1986 school year
through the 2006-2007 school year and |
5 |
| $1,000 per child or $9,000 per teacher for the 2007-2008 school |
6 |
| year and for each school year
and thereafter, whichever is |
7 |
| less. Children
to be included in any reimbursement under this |
8 |
| paragraph must regularly
receive a minimum of one hour of |
9 |
| instruction each school day, or in lieu
thereof of a minimum of |
10 |
| 5 hours of instruction in each school week in
order to qualify |
11 |
| for full reimbursement under this Section. If the
attending |
12 |
| physician for such a child has certified that the child should
|
13 |
| not receive as many as 5 hours of instruction in a school week, |
14 |
| however,
reimbursement under this paragraph on account of that |
15 |
| child shall be
computed proportionate to the actual hours of |
16 |
| instruction per week for
that child divided by 5.
|
17 |
| (b) For children described in Section 14-1.02, 4/5 of the |
18 |
| cost of
transportation for each such child, whom the State |
19 |
| Superintendent of
Education determined in advance requires |
20 |
| special transportation service
in order to take advantage of |
21 |
| special educational facilities.
Transportation costs shall be |
22 |
| determined in the same fashion as provided
in Section 29-5. For |
23 |
| purposes of this subsection (b), the dates for
processing |
24 |
| claims specified in Section 29-5 shall apply.
|
25 |
| (c) For each professional worker excluding those included |
26 |
| in
subparagraphs (a), (d), (e), and (f) of this Section, the |
|
|
|
09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
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|
1 |
| annual sum of
$8,000 for the 1985-1986 school year through the |
2 |
| 2006-2007 school year and $9,000 for the 2007-2008 school year |
3 |
| and for each school year
and thereafter.
|
4 |
| (d) For one full time qualified director of the special |
5 |
| education
program of each school district which maintains a |
6 |
| fully approved program
of special education the annual sum of |
7 |
| $8,000 for the 1985-1986 school
year through the 2006-2007 |
8 |
| school year and $9,000 for the 2007-2008 school year and for |
9 |
| each school year
and thereafter. Districts participating in a |
10 |
| joint agreement special
education program shall not receive |
11 |
| such reimbursement if reimbursement is made
for a director of |
12 |
| the joint agreement program.
|
13 |
| (e) For each school psychologist as defined in Section |
14 |
| 14-1.09 the
annual sum of $8,000 for the 1985-1986 school year |
15 |
| through the 2006-2007 school year and $9,000 for the 2007-2008 |
16 |
| school year and for each school year
and thereafter.
|
17 |
| (f) For each qualified teacher working in a fully approved |
18 |
| program
for children of preschool age who are deaf or |
19 |
| hard-of-hearing the annual
sum of $8,000 for the 1985-1986 |
20 |
| school year through the 2006-2007 school year and $9,000 for |
21 |
| the 2007-2008 school year and for each school year
and
|
22 |
| thereafter.
|
23 |
| (g) For readers, working with blind or partially seeing |
24 |
| children 1/2
of their salary but not more than $400 annually |
25 |
| per child. Readers may
be employed to assist such children and |
26 |
| shall not be required to be
certified but prior to employment |
|
|
|
09500HB0471sam002 |
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|
1 |
| shall meet standards set up by the
State Board of Education.
|
2 |
| (h) For necessary non-certified employees working in any |
3 |
| class or
program for children defined in this Article, 1/2 of |
4 |
| the salary paid or
$2,800 annually per employee through the |
5 |
| 2006-2007 school year and $3,500 per employee for the 2007-2008 |
6 |
| school year and for each school year thereafter , whichever is |
7 |
| less.
|
8 |
| The State Board of Education shall set standards and |
9 |
| prescribe rules
for determining the allocation of |
10 |
| reimbursement under this section on
less than a full time basis |
11 |
| and for less than a school year.
|
12 |
| When any school district eligible for reimbursement under |
13 |
| this
Section operates a school or program approved by the State
|
14 |
| Superintendent of Education for a number of days in excess of |
15 |
| the
adopted school calendar but not to exceed 235 school days, |
16 |
| such
reimbursement shall be increased by 1/185 of the amount or |
17 |
| rate paid
hereunder for each day such school is operated in |
18 |
| excess of 185 days per
calendar year.
|
19 |
| Notwithstanding any other provision of law, any school |
20 |
| district receiving
a payment under this Section or under |
21 |
| Section 14-7.02, 14-7.02b, or
29-5 of this Code may classify |
22 |
| all or a portion of the funds that it receives
in a particular |
23 |
| fiscal year or from general State aid pursuant to Section
|
24 |
| 18-8.05 of this Code as
funds received in connection with any |
25 |
| funding program for which it is
entitled to receive funds from |
26 |
| the State in that fiscal year (including,
without limitation, |
|
|
|
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|
1 |
| any funding program referenced in this Section),
regardless of |
2 |
| the source or timing of the receipt. The district may not
|
3 |
| classify more funds as funds received in connection with the |
4 |
| funding
program than the district is entitled to receive in |
5 |
| that fiscal year for that
program. Any
classification by a |
6 |
| district must be made by a resolution of its board of
|
7 |
| education. The resolution must identify the amount of any |
8 |
| payments or
general State aid to be classified under this |
9 |
| paragraph and must specify
the funding program to which the |
10 |
| funds are to be treated as received in
connection therewith. |
11 |
| This resolution is controlling as to the
classification of |
12 |
| funds referenced therein. A certified copy of the
resolution |
13 |
| must be sent to the State Superintendent of Education.
The |
14 |
| resolution shall still take effect even though a copy of the |
15 |
| resolution has
not been sent to the State
Superintendent of |
16 |
| Education in a timely manner.
No
classification under this |
17 |
| paragraph by a district shall affect the total amount
or timing |
18 |
| of money the district is entitled to receive under this Code.
|
19 |
| No classification under this paragraph by a district shall
in |
20 |
| any way relieve the district from or affect any
requirements |
21 |
| that otherwise would apply with respect to
that funding |
22 |
| program, including any
accounting of funds by source, reporting |
23 |
| expenditures by
original source and purpose,
reporting |
24 |
| requirements,
or requirements of providing services.
|
25 |
| (Source: P.A. 92-568, eff. 6-26-02; 93-1022, eff. 8-24-04.)
|
|
|
|
09500HB0471sam002 |
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|
|
1 |
| (105 ILCS 5/18-8.05)
|
2 |
| Sec. 18-8.05. Basis for apportionment of general State |
3 |
| financial aid and
supplemental general State aid to the common |
4 |
| schools for the 1998-1999 and
subsequent school years.
|
5 |
| (A) General Provisions.
|
6 |
| (1) The provisions of this Section apply to the 1998-1999 |
7 |
| and subsequent
school years. The system of general State |
8 |
| financial aid provided for in this
Section
is designed to |
9 |
| assure that, through a combination of State financial aid and
|
10 |
| required local resources, the financial support provided each |
11 |
| pupil in Average
Daily Attendance equals or exceeds a
|
12 |
| prescribed per pupil Foundation Level. This formula approach |
13 |
| imputes a level
of per pupil Available Local Resources and |
14 |
| provides for the basis to calculate
a per pupil level of |
15 |
| general State financial aid that, when added to Available
Local |
16 |
| Resources, equals or exceeds the Foundation Level. The
amount |
17 |
| of per pupil general State financial aid for school districts, |
18 |
| in
general, varies in inverse
relation to Available Local |
19 |
| Resources. Per pupil amounts are based upon
each school |
20 |
| district's Average Daily Attendance as that term is defined in |
21 |
| this
Section.
|
22 |
| (2) In addition to general State financial aid, school |
23 |
| districts with
specified levels or concentrations of pupils |
24 |
| from low income households are
eligible to receive supplemental |
25 |
| general State financial aid grants as provided
pursuant to |
|
|
|
09500HB0471sam002 |
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|
1 |
| subsection (H).
The supplemental State aid grants provided for |
2 |
| school districts under
subsection (H) shall be appropriated for |
3 |
| distribution to school districts as
part of the same line item |
4 |
| in which the general State financial aid of school
districts is |
5 |
| appropriated under this Section.
|
6 |
| (3) To receive financial assistance under this Section, |
7 |
| school districts
are required to file claims with the State |
8 |
| Board of Education, subject to the
following requirements:
|
9 |
| (a) Any school district which fails for any given |
10 |
| school year to maintain
school as required by law, or to |
11 |
| maintain a recognized school is not
eligible to file for |
12 |
| such school year any claim upon the Common School
Fund. In |
13 |
| case of nonrecognition of one or more attendance centers in |
14 |
| a
school district otherwise operating recognized schools, |
15 |
| the claim of the
district shall be reduced in the |
16 |
| proportion which the Average Daily
Attendance in the |
17 |
| attendance center or centers bear to the Average Daily
|
18 |
| Attendance in the school district. A "recognized school" |
19 |
| means any
public school which meets the standards as |
20 |
| established for recognition
by the State Board of |
21 |
| Education. A school district or attendance center
not |
22 |
| having recognition status at the end of a school term is |
23 |
| entitled to
receive State aid payments due upon a legal |
24 |
| claim which was filed while
it was recognized.
|
25 |
| (b) School district claims filed under this Section are |
26 |
| subject to
Sections 18-9 and 18-12, except as otherwise |
|
|
|
09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
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|
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| provided in this
Section.
|
2 |
| (c) If a school district operates a full year school |
3 |
| under Section
10-19.1, the general State aid to the school |
4 |
| district shall be determined
by the State Board of |
5 |
| Education in accordance with this Section as near as
may be |
6 |
| applicable.
|
7 |
| (d) (Blank).
|
8 |
| (4) Except as provided in subsections (H) and (L), the |
9 |
| board of any district
receiving any of the grants provided for |
10 |
| in this Section may apply those funds
to any fund so received |
11 |
| for which that board is authorized to make expenditures
by law.
|
12 |
| School districts are not required to exert a minimum |
13 |
| Operating Tax Rate in
order to qualify for assistance under |
14 |
| this Section.
|
15 |
| (5) As used in this Section the following terms, when |
16 |
| capitalized, shall
have the meaning ascribed herein:
|
17 |
| (a) "Average Daily Attendance": A count of pupil |
18 |
| attendance in school,
averaged as provided for in |
19 |
| subsection (C) and utilized in deriving per pupil
financial |
20 |
| support levels.
|
21 |
| (b) "Available Local Resources": A computation of |
22 |
| local financial
support, calculated on the basis of Average |
23 |
| Daily Attendance and derived as
provided pursuant to |
24 |
| subsection (D).
|
25 |
| (c) "Corporate Personal Property Replacement Taxes": |
26 |
| Funds paid to local
school districts pursuant to "An Act in |
|
|
|
09500HB0471sam002 |
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|
1 |
| relation to the abolition of ad valorem
personal property |
2 |
| tax and the replacement of revenues lost thereby, and
|
3 |
| amending and repealing certain Acts and parts of Acts in |
4 |
| connection therewith",
certified August 14, 1979, as |
5 |
| amended (Public Act 81-1st S.S.-1).
|
6 |
| (d) "Foundation Level": A prescribed level of per pupil |
7 |
| financial support
as provided for in subsection (B).
|
8 |
| (e) "Operating Tax Rate": All school district property |
9 |
| taxes extended for
all purposes, except Bond and
Interest, |
10 |
| Summer School, Rent, Capital Improvement, and Vocational |
11 |
| Education
Building purposes.
|
12 |
| (B) Foundation Level.
|
13 |
| (1) The Foundation Level is a figure established by the |
14 |
| State representing
the minimum level of per pupil financial |
15 |
| support that should be available to
provide for the basic |
16 |
| education of each pupil in
Average Daily Attendance. As set |
17 |
| forth in this Section, each school district
is assumed to exert
|
18 |
| a sufficient local taxing effort such that, in combination with |
19 |
| the aggregate
of general State
financial aid provided the |
20 |
| district, an aggregate of State and local resources
are |
21 |
| available to meet
the basic education needs of pupils in the |
22 |
| district.
|
23 |
| (2) For the 1998-1999 school year, the Foundation Level of |
24 |
| support is
$4,225. For the 1999-2000 school year, the |
25 |
| Foundation Level of support is
$4,325. For the 2000-2001 school |
|
|
|
09500HB0471sam002 |
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|
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| year, the Foundation Level of support is
$4,425. For the |
2 |
| 2001-2002 school year and 2002-2003 school year, the
Foundation |
3 |
| Level of support is $4,560. For the 2003-2004 school year, the |
4 |
| Foundation Level of support is $4,810. For the 2004-2005 school |
5 |
| year, the Foundation Level of support is $4,964.
For the |
6 |
| 2005-2006 school year,
the Foundation Level of support is |
7 |
| $5,164. For the 2006-2007 school year, the Foundation Level of |
8 |
| support is $5,334.
|
9 |
| (3) For the 2007-2008
2006-2007 school year and each school |
10 |
| year thereafter,
the Foundation Level of support is $5,734
|
11 |
| $5,334 or such greater amount as
may be established by law by |
12 |
| the General Assembly.
|
13 |
| (C) Average Daily Attendance.
|
14 |
| (1) For purposes of calculating general State aid pursuant |
15 |
| to subsection
(E), an Average Daily Attendance figure shall be |
16 |
| utilized. The Average Daily
Attendance figure for formula
|
17 |
| calculation purposes shall be the monthly average of the actual |
18 |
| number of
pupils in attendance of
each school district, as |
19 |
| further averaged for the best 3 months of pupil
attendance for |
20 |
| each
school district. In compiling the figures for the number |
21 |
| of pupils in
attendance, school districts
and the State Board |
22 |
| of Education shall, for purposes of general State aid
funding, |
23 |
| conform
attendance figures to the requirements of subsection |
24 |
| (F).
|
25 |
| (2) The Average Daily Attendance figures utilized in |
|
|
|
09500HB0471sam002 |
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|
1 |
| subsection (E) shall be
the requisite attendance data for the |
2 |
| school year immediately preceding
the
school year for which |
3 |
| general State aid is being calculated
or the average of the |
4 |
| attendance data for the 3 preceding school
years, whichever is |
5 |
| greater. The Average Daily Attendance figures
utilized in |
6 |
| subsection (H) shall be the requisite attendance data for the
|
7 |
| school year immediately preceding the school year for which |
8 |
| general
State aid is being calculated.
|
9 |
| (D) Available Local Resources.
|
10 |
| (1) For purposes of calculating general State aid pursuant |
11 |
| to subsection
(E), a representation of Available Local |
12 |
| Resources per pupil, as that term is
defined and determined in |
13 |
| this subsection, shall be utilized. Available Local
Resources |
14 |
| per pupil shall include a calculated
dollar amount representing |
15 |
| local school district revenues from local property
taxes and |
16 |
| from
Corporate Personal Property Replacement Taxes, expressed |
17 |
| on the basis of pupils
in Average
Daily Attendance. Calculation |
18 |
| of Available Local Resources shall exclude any tax amnesty |
19 |
| funds received as a result of Public Act 93-26.
|
20 |
| (2) In determining a school district's revenue from local |
21 |
| property taxes,
the State Board of Education shall utilize the |
22 |
| equalized assessed valuation of
all taxable property of each |
23 |
| school
district as of September 30 of the previous year. The |
24 |
| equalized assessed
valuation utilized shall
be obtained and |
25 |
| determined as provided in subsection (G).
|
|
|
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09500HB0471sam002 |
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|
1 |
| (3) For school districts maintaining grades kindergarten |
2 |
| through 12, local
property tax
revenues per pupil shall be |
3 |
| calculated as the product of the applicable
equalized assessed
|
4 |
| valuation for the district multiplied by 3.00%, and divided by |
5 |
| the district's
Average Daily
Attendance figure. For school |
6 |
| districts maintaining grades kindergarten
through 8, local
|
7 |
| property tax revenues per pupil shall be calculated as the |
8 |
| product of the
applicable equalized
assessed valuation for the |
9 |
| district multiplied by 2.30%, and divided by the
district's |
10 |
| Average
Daily Attendance figure. For school districts |
11 |
| maintaining grades 9 through 12,
local property
tax revenues |
12 |
| per pupil shall be the applicable equalized assessed valuation |
13 |
| of
the district
multiplied by 1.05%, and divided by the |
14 |
| district's Average Daily
Attendance
figure.
|
15 |
| For partial elementary unit districts created pursuant to |
16 |
| Article 11E of this Code, local property tax revenues per pupil |
17 |
| shall be calculated as the product of the equalized assessed |
18 |
| valuation for property within the elementary and high school |
19 |
| classification of the partial elementary unit district for |
20 |
| elementary purposes, as defined in Article 11E of this Code, |
21 |
| multiplied by 2.06% and divided by the district's Average Daily |
22 |
| Attendance figure for grades kindergarten through 8 , plus the |
23 |
| product of the equalized assessed valuation for property within |
24 |
| the high school only classification of the partial elementary |
25 |
| unit district for high school purposes, as defined in Article |
26 |
| 11E of this Code, multiplied by 0.94% and divided by the |
|
|
|
09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
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|
1 |
| district's Average Daily Attendance figure for grades 9 through |
2 |
| 12 .
|
3 |
| (4) The Corporate Personal Property Replacement Taxes paid |
4 |
| to each school
district during the calendar year 2 years before |
5 |
| the calendar year in which a
school year begins, divided by the |
6 |
| Average Daily Attendance figure for that
district, shall be |
7 |
| added to the local property tax revenues per pupil as
derived |
8 |
| by the application of the immediately preceding paragraph (3). |
9 |
| The sum
of these per pupil figures for each school district |
10 |
| shall constitute Available
Local Resources as that term is |
11 |
| utilized in subsection (E) in the calculation
of general State |
12 |
| aid.
|
13 |
| (E) Computation of General State Aid.
|
14 |
| (1) For each school year, the amount of general State aid |
15 |
| allotted to a
school district shall be computed by the State |
16 |
| Board of Education as provided
in this subsection.
|
17 |
| (2) For any school district for which Available Local |
18 |
| Resources per pupil
is less than the product of 0.93 times the |
19 |
| Foundation Level, general State aid
for that district shall be |
20 |
| calculated as an amount equal to the Foundation
Level minus |
21 |
| Available Local Resources, multiplied by the Average Daily
|
22 |
| Attendance of the school district.
|
23 |
| (3) For any school district for which Available Local |
24 |
| Resources per pupil
is equal to or greater than the product of |
25 |
| 0.93 times the Foundation Level and
less than the product of |
|
|
|
09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
|
|
1 |
| 1.75 times the Foundation Level, the general State aid
per |
2 |
| pupil shall be a decimal proportion of the Foundation Level |
3 |
| derived using a
linear algorithm. Under this linear algorithm, |
4 |
| the calculated general State
aid per pupil shall decline in |
5 |
| direct linear fashion from 0.07 times the
Foundation Level for |
6 |
| a school district with Available Local Resources equal to
the |
7 |
| product of 0.93 times the Foundation Level, to 0.05 times the |
8 |
| Foundation
Level for a school district with Available Local |
9 |
| Resources equal to the product
of 1.75 times the Foundation |
10 |
| Level. The allocation of general
State aid for school districts |
11 |
| subject to this paragraph 3 shall be the
calculated general |
12 |
| State aid
per pupil figure multiplied by the Average Daily |
13 |
| Attendance of the school
district.
|
14 |
| (4) For any school district for which Available Local |
15 |
| Resources per pupil
equals or exceeds the product of 1.75 times |
16 |
| the Foundation Level, the general
State aid for the school |
17 |
| district shall be calculated as the product of $218
multiplied |
18 |
| by the Average Daily Attendance of the school
district.
|
19 |
| (5) The amount of general State aid allocated to a school |
20 |
| district for
the 1999-2000 school year meeting the requirements |
21 |
| set forth in paragraph (4)
of subsection
(G) shall be increased |
22 |
| by an amount equal to the general State aid that
would have |
23 |
| been received by the district for the 1998-1999 school year by
|
24 |
| utilizing the Extension Limitation Equalized Assessed |
25 |
| Valuation as calculated
in paragraph (4) of subsection (G) less |
26 |
| the general State aid allotted for the
1998-1999
school year. |
|
|
|
09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
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|
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| This amount shall be deemed a one time increase, and shall not
|
2 |
| affect any future general State aid allocations.
|
3 |
| (F) Compilation of Average Daily Attendance.
|
4 |
| (1) Each school district shall, by July 1 of each year, |
5 |
| submit to the State
Board of Education, on forms prescribed by |
6 |
| the State Board of Education,
attendance figures for the school |
7 |
| year that began in the preceding calendar
year. The attendance |
8 |
| information so transmitted shall identify the average
daily |
9 |
| attendance figures for each month of the school year. Beginning |
10 |
| with
the general State aid claim form for the 2002-2003 school
|
11 |
| year, districts shall calculate Average Daily Attendance as |
12 |
| provided in
subdivisions (a), (b), and (c) of this paragraph |
13 |
| (1).
|
14 |
| (a) In districts that do not hold year-round classes,
|
15 |
| days of attendance in August shall be added to the month of |
16 |
| September and any
days of attendance in June shall be added |
17 |
| to the month of May.
|
18 |
| (b) In districts in which all buildings hold year-round |
19 |
| classes,
days of attendance in July and August shall be |
20 |
| added to the month
of September and any days of attendance |
21 |
| in June shall be added to
the month of May.
|
22 |
| (c) In districts in which some buildings, but not all, |
23 |
| hold
year-round classes, for the non-year-round buildings, |
24 |
| days of
attendance in August shall be added to the month of |
25 |
| September
and any days of attendance in June shall be added |
|
|
|
09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
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|
1 |
| to the month of
May. The average daily attendance for the |
2 |
| year-round buildings
shall be computed as provided in |
3 |
| subdivision (b) of this paragraph
(1). To calculate the |
4 |
| Average Daily Attendance for the district, the
average |
5 |
| daily attendance for the year-round buildings shall be
|
6 |
| multiplied by the days in session for the non-year-round |
7 |
| buildings
for each month and added to the monthly |
8 |
| attendance of the
non-year-round buildings.
|
9 |
| Except as otherwise provided in this Section, days of
|
10 |
| attendance by pupils shall be counted only for sessions of not |
11 |
| less than
5 clock hours of school work per day under direct |
12 |
| supervision of: (i)
teachers, or (ii) non-teaching personnel or |
13 |
| volunteer personnel when engaging
in non-teaching duties and |
14 |
| supervising in those instances specified in
subsection (a) of |
15 |
| Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils |
16 |
| of legal school age and in kindergarten and grades 1 through |
17 |
| 12.
|
18 |
| Days of attendance by tuition pupils shall be accredited |
19 |
| only to the
districts that pay the tuition to a recognized |
20 |
| school.
|
21 |
| (2) Days of attendance by pupils of less than 5 clock hours |
22 |
| of school
shall be subject to the following provisions in the |
23 |
| compilation of Average
Daily Attendance.
|
24 |
| (a) Pupils regularly enrolled in a public school for |
25 |
| only a part of
the school day may be counted on the basis |
26 |
| of 1/6 day for every class hour
of instruction of 40 |
|
|
|
09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
|
|
1 |
| minutes or more attended pursuant to such enrollment,
|
2 |
| unless a pupil is
enrolled in a block-schedule format of 80 |
3 |
| minutes or more of instruction,
in which case the pupil may |
4 |
| be counted on the basis of the proportion of
minutes of |
5 |
| school work completed each day to the minimum number of
|
6 |
| minutes that school work is required to be held that day.
|
7 |
| (b) Days of attendance may be less than 5 clock hours |
8 |
| on the opening
and closing of the school term, and upon the |
9 |
| first day of pupil
attendance, if preceded by a day or days |
10 |
| utilized as an institute or
teachers' workshop.
|
11 |
| (c) A session of 4 or more clock hours may be counted |
12 |
| as a day of
attendance upon certification by the regional |
13 |
| superintendent, and
approved by the State Superintendent |
14 |
| of Education to the extent that the
district has been |
15 |
| forced to use daily multiple sessions.
|
16 |
| (d) A session of 3 or more clock hours may be counted |
17 |
| as a day of
attendance (1) when the remainder of the school |
18 |
| day or at least
2 hours in the evening of that day is |
19 |
| utilized for an
in-service training program for teachers, |
20 |
| up to a maximum of 5 days per
school year of which a |
21 |
| maximum of 4 days of such 5 days may be used for
|
22 |
| parent-teacher conferences, provided a district conducts |
23 |
| an in-service
training program for teachers which has been |
24 |
| approved by the State
Superintendent of Education; or, in |
25 |
| lieu of 4 such days, 2 full days may
be used, in which |
26 |
| event each such day
may be counted as a day of attendance; |
|
|
|
09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
|
|
1 |
| and (2) when days in
addition to
those provided in item (1) |
2 |
| are scheduled by a school pursuant to its school
|
3 |
| improvement plan adopted under Article 34 or its revised or |
4 |
| amended school
improvement plan adopted under Article 2, |
5 |
| provided that (i) such sessions of
3 or more clock hours |
6 |
| are scheduled to occur at regular intervals, (ii) the
|
7 |
| remainder of the school days in which such sessions occur |
8 |
| are utilized
for in-service training programs or other |
9 |
| staff development activities for
teachers, and (iii) a |
10 |
| sufficient number of minutes of school work under the
|
11 |
| direct supervision of teachers are added to the school days |
12 |
| between such
regularly scheduled sessions to accumulate |
13 |
| not less than the number of minutes
by which such sessions |
14 |
| of 3 or more clock hours fall short of 5 clock hours.
Any |
15 |
| full days used for the purposes of this paragraph shall not |
16 |
| be considered
for
computing average daily attendance. Days |
17 |
| scheduled for in-service training
programs, staff |
18 |
| development activities, or parent-teacher conferences may |
19 |
| be
scheduled separately for different
grade levels and |
20 |
| different attendance centers of the district.
|
21 |
| (e) A session of not less than one clock hour of |
22 |
| teaching
hospitalized or homebound pupils on-site or by |
23 |
| telephone to the classroom may
be counted as 1/2 day of |
24 |
| attendance, however these pupils must receive 4 or
more |
25 |
| clock hours of instruction to be counted for a full day of |
26 |
| attendance.
|
|
|
|
09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
|
|
1 |
| (f) A session of at least 4 clock hours may be counted |
2 |
| as a day of
attendance for first grade pupils, and pupils |
3 |
| in full day kindergartens,
and a session of 2 or more hours |
4 |
| may be counted as 1/2 day of attendance by
pupils in |
5 |
| kindergartens which provide only 1/2 day of attendance.
|
6 |
| (g) For children with disabilities who are below the |
7 |
| age of 6 years and
who
cannot attend 2 or more clock hours |
8 |
| because of their disability or
immaturity, a session of not |
9 |
| less than one clock hour may be counted as 1/2 day
of |
10 |
| attendance; however for such children whose educational |
11 |
| needs so require
a session of 4 or more clock hours may be |
12 |
| counted as a full day of attendance.
|
13 |
| (h) A recognized kindergarten which provides for only |
14 |
| 1/2 day of
attendance by each pupil shall not have more |
15 |
| than 1/2 day of attendance
counted in any one day. However, |
16 |
| kindergartens may count 2 1/2 days
of
attendance in any 5 |
17 |
| consecutive school days. When a pupil attends such a
|
18 |
| kindergarten for 2 half days on any one school day, the |
19 |
| pupil shall have
the following day as a day absent from |
20 |
| school, unless the school district
obtains permission in |
21 |
| writing from the State Superintendent of Education.
|
22 |
| Attendance at kindergartens which provide for a full day of |
23 |
| attendance by
each pupil shall be counted the same as |
24 |
| attendance by first grade pupils.
Only the first year of |
25 |
| attendance in one kindergarten shall be counted,
except in |
26 |
| case of children who entered the kindergarten in their |
|
|
|
09500HB0471sam002 |
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1 |
| fifth year
whose educational development requires a second |
2 |
| year of kindergarten as
determined under the rules and |
3 |
| regulations of the State Board of Education.
|
4 |
| (i) On the days when the Prairie State Achievement |
5 |
| Examination is
administered under subsection (c) of |
6 |
| Section 2-3.64 of this Code, the day
of attendance for a |
7 |
| pupil whose school
day must be shortened to accommodate |
8 |
| required testing procedures may
be less than 5 clock hours |
9 |
| and shall be counted towards the 176 days of actual pupil |
10 |
| attendance required under Section 10-19 of this Code, |
11 |
| provided that a sufficient number of minutes
of school work |
12 |
| in excess of 5 clock hours are first completed on other |
13 |
| school
days to compensate for the loss of school work on |
14 |
| the examination days.
|
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.
|
|
|
|
09500HB0471sam002 |
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| The Department of Revenue shall add to the equalized |
2 |
| assessed value of all
taxable
property of each school district |
3 |
| situated entirely or partially within a county
that is or was |
4 |
| subject to the alternative general homestead exemption |
5 |
| provisions of Section 15-176 of the Property Tax Code (a)
an |
6 |
| amount equal to the total amount by which the
homestead |
7 |
| exemption allowed under Section 15-176 of the Property Tax Code |
8 |
| for
real
property situated in that school district exceeds the |
9 |
| total amount that would
have been
allowed in that school |
10 |
| district if the maximum reduction under Section 15-176
was
(i) |
11 |
| $4,500 in Cook County or $3,500 in all other counties in tax |
12 |
| year 2003 or (ii) $5,000 in all counties in tax year 2004 and |
13 |
| thereafter and (b) an amount equal to the aggregate amount for |
14 |
| the taxable year of all additional exemptions under Section |
15 |
| 15-175 of the Property Tax Code for owners with a household |
16 |
| income of $30,000 or less. The county clerk of any county that |
17 |
| is or was subject to the alternative general homestead |
18 |
| exemption provisions of Section 15-176 of the Property Tax Code |
19 |
| shall
annually calculate and certify to the Department of |
20 |
| Revenue for each school
district all
homestead exemption |
21 |
| amounts under Section 15-176 of the Property Tax Code and all |
22 |
| amounts of additional exemptions under Section 15-175 of the |
23 |
| Property Tax Code for owners with a household income of $30,000 |
24 |
| or less. It is the intent of this paragraph that if the general |
25 |
| homestead exemption for a parcel of property is determined |
26 |
| under Section 15-176 of the Property Tax Code rather than |
|
|
|
09500HB0471sam002 |
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|
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| Section 15-175, then the calculation of Available Local |
2 |
| Resources shall not be affected by the difference, if any, |
3 |
| between the amount of the general homestead exemption allowed |
4 |
| for that parcel of property under Section 15-176 of the |
5 |
| Property Tax Code and the amount that would have been allowed |
6 |
| had the general homestead exemption for that parcel of property |
7 |
| been determined under Section 15-175 of the Property Tax Code. |
8 |
| It is further the intent of this paragraph that if additional |
9 |
| exemptions are allowed under Section 15-175 of the Property Tax |
10 |
| Code for owners with a household income of less than $30,000, |
11 |
| then the calculation of Available Local Resources shall not be |
12 |
| affected by the difference, if any, because of those additional |
13 |
| exemptions.
|
14 |
| This equalized assessed valuation, as adjusted further by |
15 |
| the requirements of
this subsection, shall be utilized in the |
16 |
| calculation of Available Local
Resources.
|
17 |
| (2) The equalized assessed valuation in paragraph (1) shall |
18 |
| be adjusted, as
applicable, in the following manner:
|
19 |
| (a) For the purposes of calculating State aid under |
20 |
| this Section,
with respect to any part of a school district |
21 |
| within a redevelopment
project area in respect to which a |
22 |
| municipality has adopted tax
increment allocation |
23 |
| financing pursuant to the Tax Increment Allocation
|
24 |
| Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 |
25 |
| of the Illinois
Municipal Code or the Industrial Jobs |
26 |
| Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the |
|
|
|
09500HB0471sam002 |
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|
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| Illinois Municipal Code, no part of the current equalized
|
2 |
| assessed valuation of real property located in any such |
3 |
| project area which is
attributable to an increase above the |
4 |
| total initial equalized assessed
valuation of such |
5 |
| property shall be used as part of the equalized assessed
|
6 |
| valuation of the district, until such time as all
|
7 |
| redevelopment project costs have been paid, as provided in |
8 |
| Section 11-74.4-8
of the Tax Increment Allocation |
9 |
| Redevelopment Act or in Section 11-74.6-35 of
the |
10 |
| Industrial Jobs Recovery Law. For the purpose of
the |
11 |
| equalized assessed valuation of the
district, the total |
12 |
| initial equalized assessed valuation or the current
|
13 |
| equalized assessed valuation, whichever is lower, shall be |
14 |
| used until
such time as all redevelopment project costs |
15 |
| have been paid.
|
16 |
| (b) The real property equalized assessed valuation for |
17 |
| a school district
shall be adjusted by subtracting from the |
18 |
| real property
value as equalized or assessed by the |
19 |
| Department of Revenue for the
district an amount computed |
20 |
| by dividing the amount of any abatement of
taxes under |
21 |
| Section 18-170 of the Property Tax Code by 3.00% for a |
22 |
| district
maintaining grades kindergarten through 12, by |
23 |
| 2.30% for a district
maintaining grades kindergarten |
24 |
| through 8, or by 1.05% for a
district
maintaining grades 9 |
25 |
| through 12 and adjusted by an amount computed by dividing
|
26 |
| the amount of any abatement of taxes under subsection (a) |
|
|
|
09500HB0471sam002 |
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|
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| of Section 18-165 of
the Property Tax Code by the same |
2 |
| percentage rates for district type as
specified in this |
3 |
| subparagraph (b).
|
4 |
| (3) For the 1999-2000 school year and each school year |
5 |
| thereafter, if a
school district meets all of the criteria of |
6 |
| this subsection (G)(3), the school
district's Available Local |
7 |
| Resources shall be calculated under subsection (D)
using the |
8 |
| district's Extension Limitation Equalized Assessed Valuation |
9 |
| as
calculated under this
subsection (G)(3).
|
10 |
| For purposes of this subsection (G)(3) the following terms |
11 |
| shall have
the following meanings:
|
12 |
| "Budget Year": The school year for which general State |
13 |
| aid is calculated
and
awarded under subsection (E).
|
14 |
| "Base Tax Year": The property tax levy year used to |
15 |
| calculate the Budget
Year
allocation of general State aid.
|
16 |
| "Preceding Tax Year": The property tax levy year |
17 |
| immediately preceding the
Base Tax Year.
|
18 |
| "Base Tax Year's Tax Extension": The product of the |
19 |
| equalized assessed
valuation utilized by the County Clerk |
20 |
| in the Base Tax Year multiplied by the
limiting rate as |
21 |
| calculated by the County Clerk and defined in the Property |
22 |
| Tax
Extension Limitation Law.
|
23 |
| "Preceding Tax Year's Tax Extension": The product of |
24 |
| the equalized assessed
valuation utilized by the County |
25 |
| Clerk in the Preceding Tax Year multiplied by
the Operating |
26 |
| Tax Rate as defined in subsection (A).
|
|
|
|
09500HB0471sam002 |
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|
1 |
| "Extension Limitation Ratio": A numerical ratio, |
2 |
| certified by the
County Clerk, in which the numerator is |
3 |
| the Base Tax Year's Tax
Extension and the denominator is |
4 |
| the Preceding Tax Year's Tax Extension.
|
5 |
| "Operating Tax Rate": The operating tax rate as defined |
6 |
| in subsection (A).
|
7 |
| If a school district is subject to property tax extension |
8 |
| limitations as
imposed under
the Property Tax Extension |
9 |
| Limitation Law, the State Board of Education shall
calculate |
10 |
| the Extension
Limitation
Equalized Assessed Valuation of that |
11 |
| district. For the 1999-2000 school
year, the
Extension |
12 |
| Limitation Equalized Assessed Valuation of a school district as
|
13 |
| calculated by the State Board of Education shall be equal to |
14 |
| the product of the
district's 1996 Equalized Assessed Valuation |
15 |
| and the district's Extension
Limitation Ratio. For the |
16 |
| 2000-2001 school year and each school year
thereafter,
the |
17 |
| Extension Limitation Equalized Assessed Valuation of a school |
18 |
| district as
calculated by the State Board of Education shall be |
19 |
| equal to the product of
the Equalized Assessed Valuation last |
20 |
| used in the calculation of general State
aid and the
district's |
21 |
| Extension Limitation Ratio. If the Extension Limitation
|
22 |
| Equalized
Assessed Valuation of a school district as calculated |
23 |
| under
this subsection (G)(3) is less than the district's |
24 |
| equalized assessed valuation
as calculated pursuant to |
25 |
| subsections (G)(1) and (G)(2), then for purposes of
calculating |
26 |
| the district's general State aid for the Budget Year pursuant |
|
|
|
09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
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|
1 |
| to
subsection (E), that Extension
Limitation Equalized |
2 |
| Assessed Valuation shall be utilized to calculate the
|
3 |
| district's Available Local Resources
under subsection (D).
|
4 |
| Partial elementary unit districts created in accordance |
5 |
| with Article 11E of this Code shall not be eligible for the |
6 |
| adjustment in this subsection (G)(3) until the fifth year |
7 |
| following the effective date of the reorganization.
|
8 |
| (4) For the purposes of calculating general State aid for |
9 |
| the 1999-2000
school year only, if a school district |
10 |
| experienced a triennial reassessment on
the equalized assessed |
11 |
| valuation used in calculating its general State
financial aid |
12 |
| apportionment for the 1998-1999 school year, the State Board of
|
13 |
| Education shall calculate the Extension Limitation Equalized |
14 |
| Assessed Valuation
that would have been used to calculate the |
15 |
| district's 1998-1999 general State
aid. This amount shall equal |
16 |
| the product of the equalized assessed valuation
used to
|
17 |
| calculate general State aid for the 1997-1998 school year and |
18 |
| the district's
Extension Limitation Ratio. If the Extension |
19 |
| Limitation Equalized Assessed
Valuation of the school district |
20 |
| as calculated under this paragraph (4) is
less than the |
21 |
| district's equalized assessed valuation utilized in |
22 |
| calculating
the
district's 1998-1999 general State aid |
23 |
| allocation, then for purposes of
calculating the district's |
24 |
| general State aid pursuant to paragraph (5) of
subsection (E),
|
25 |
| that Extension Limitation Equalized Assessed Valuation shall |
26 |
| be utilized to
calculate the district's Available Local |
|
|
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09500HB0471sam002 |
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|
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| Resources.
|
2 |
| (5) For school districts having a majority of their |
3 |
| equalized assessed
valuation in any county except Cook, DuPage, |
4 |
| Kane, Lake, McHenry, or Will, if
the amount of general State |
5 |
| aid allocated to the school district for the
1999-2000 school |
6 |
| year under the provisions of subsection (E), (H), and (J) of
|
7 |
| this Section is less than the amount of general State aid |
8 |
| allocated to the
district for the 1998-1999 school year under |
9 |
| these subsections, then the
general
State aid of the district |
10 |
| for the 1999-2000 school year only shall be increased
by the |
11 |
| difference between these amounts. The total payments made under |
12 |
| this
paragraph (5) shall not exceed $14,000,000. Claims shall |
13 |
| be prorated if they
exceed $14,000,000.
|
14 |
| (H) Supplemental General State Aid.
|
15 |
| (1) In addition to the general State aid a school district |
16 |
| is allotted
pursuant to subsection (E), qualifying school |
17 |
| districts shall receive a grant,
paid in conjunction with a |
18 |
| district's payments of general State aid, for
supplemental |
19 |
| general State aid based upon the concentration level of |
20 |
| children
from low-income households within the school |
21 |
| district.
Supplemental State aid grants provided for school |
22 |
| districts under this
subsection shall be appropriated for |
23 |
| distribution to school districts as part
of the same line item |
24 |
| in which the general State financial aid of school
districts is |
25 |
| appropriated under this Section.
If the appropriation in any |
|
|
|
09500HB0471sam002 |
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| fiscal year for general State aid and
supplemental general |
2 |
| State aid is insufficient to pay the amounts required
under the |
3 |
| general State aid and supplemental general State aid |
4 |
| calculations,
then the
State Board of Education shall ensure |
5 |
| that
each school district receives the full amount due for |
6 |
| general State aid
and the remainder of the appropriation shall |
7 |
| be used
for supplemental general State aid, which the State |
8 |
| Board of Education shall
calculate and pay to eligible |
9 |
| districts on a prorated basis.
|
10 |
| (1.5) This paragraph (1.5) applies only to those school |
11 |
| years
preceding the 2003-2004 school year.
For purposes of this
|
12 |
| subsection (H), the term "Low-Income Concentration Level" |
13 |
| shall be the
low-income
eligible pupil count from the most |
14 |
| recently available federal census divided by
the Average Daily |
15 |
| Attendance of the school district.
If, however, (i) the |
16 |
| percentage decrease from the 2 most recent federal
censuses
in |
17 |
| the low-income eligible pupil count of a high school district |
18 |
| with fewer
than 400 students exceeds by 75% or more the |
19 |
| percentage change in the total
low-income eligible pupil count |
20 |
| of contiguous elementary school districts,
whose boundaries |
21 |
| are coterminous with the high school district,
or (ii) a high |
22 |
| school district within 2 counties and serving 5 elementary
|
23 |
| school
districts, whose boundaries are coterminous with the |
24 |
| high school
district, has a percentage decrease from the 2 most |
25 |
| recent federal
censuses in the low-income eligible pupil count |
26 |
| and there is a percentage
increase in the total low-income |
|
|
|
09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
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|
1 |
| eligible pupil count of a majority of the
elementary school |
2 |
| districts in excess of 50% from the 2 most recent
federal |
3 |
| censuses, then
the
high school district's low-income eligible |
4 |
| pupil count from the earlier federal
census
shall be the number |
5 |
| used as the low-income eligible pupil count for the high
school |
6 |
| district, for purposes of this subsection (H).
The changes made |
7 |
| to this paragraph (1) by Public Act 92-28 shall apply to
|
8 |
| supplemental general State aid
grants for school years |
9 |
| preceding the 2003-2004 school year that are paid
in fiscal |
10 |
| year 1999 or thereafter
and to
any State aid payments made in |
11 |
| fiscal year 1994 through fiscal year
1998 pursuant to |
12 |
| subsection 1(n) of Section 18-8 of this Code (which was
|
13 |
| repealed on July 1, 1998), and any high school district that is |
14 |
| affected by
Public Act 92-28 is
entitled to a
recomputation of |
15 |
| its supplemental general State aid grant or State aid
paid in |
16 |
| any of those fiscal years. This recomputation shall not be
|
17 |
| affected by any other funding.
|
18 |
| (1.10) This paragraph (1.10) applies to the 2003-2004 |
19 |
| school year
and each school year thereafter. For purposes of |
20 |
| this subsection (H), the
term "Low-Income Concentration Level" |
21 |
| shall, for each fiscal year, be the
low-income eligible
pupil |
22 |
| count
as of July 1 of the immediately preceding fiscal year
(as |
23 |
| determined by the Department of Human Services based
on the |
24 |
| number of pupils
who are eligible for at least one of the |
25 |
| following
low income programs: Medicaid, KidCare, TANF, or Food |
26 |
| Stamps,
excluding pupils who are eligible for services provided |
|
|
|
09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
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|
1 |
| by the Department
of Children and Family Services,
averaged |
2 |
| over
the 2 immediately preceding fiscal years for fiscal year |
3 |
| 2004 and over the 3
immediately preceding fiscal years for each |
4 |
| fiscal year thereafter)
divided by the Average Daily Attendance |
5 |
| of the school district.
|
6 |
| (2) Supplemental general State aid pursuant to this |
7 |
| subsection (H) shall
be
provided as follows for the 1998-1999, |
8 |
| 1999-2000, and 2000-2001 school years
only:
|
9 |
| (a) For any school district with a Low Income |
10 |
| Concentration Level of at
least 20% and less than 35%, the |
11 |
| grant for any school year
shall be $800
multiplied by the |
12 |
| low income eligible pupil count.
|
13 |
| (b) For any school district with a Low Income |
14 |
| Concentration Level of at
least 35% and less than 50%, the |
15 |
| grant for the 1998-1999 school year shall be
$1,100 |
16 |
| multiplied by the low income eligible pupil count.
|
17 |
| (c) For any school district with a Low Income |
18 |
| Concentration Level of at
least 50% and less than 60%, the |
19 |
| grant for the 1998-99 school year shall be
$1,500 |
20 |
| multiplied by the low income eligible pupil count.
|
21 |
| (d) For any school district with a Low Income |
22 |
| Concentration Level of 60%
or more, the grant for the |
23 |
| 1998-99 school year shall be $1,900 multiplied by
the low |
24 |
| income eligible pupil count.
|
25 |
| (e) For the 1999-2000 school year, the per pupil amount |
26 |
| specified in
subparagraphs (b), (c), and (d) immediately |
|
|
|
09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
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|
1 |
| above shall be increased to $1,243,
$1,600, and $2,000, |
2 |
| respectively.
|
3 |
| (f) For the 2000-2001 school year, the per pupil |
4 |
| amounts specified in
subparagraphs (b), (c), and (d) |
5 |
| immediately above shall be
$1,273, $1,640, and $2,050, |
6 |
| respectively.
|
7 |
| (2.5) Supplemental general State aid pursuant to this |
8 |
| subsection (H)
shall be provided as follows for the 2002-2003 |
9 |
| school year:
|
10 |
| (a) For any school district with a Low Income |
11 |
| Concentration Level of less
than 10%, the grant for each |
12 |
| school year shall be $355 multiplied by the low
income |
13 |
| eligible pupil count.
|
14 |
| (b) For any school district with a Low Income |
15 |
| Concentration
Level of at least 10% and less than 20%, the |
16 |
| grant for each school year shall
be $675
multiplied by the |
17 |
| low income eligible pupil
count.
|
18 |
| (c) For any school district with a Low Income |
19 |
| Concentration
Level of at least 20% and less than 35%, the |
20 |
| grant for each school year shall
be $1,330
multiplied by |
21 |
| the low income eligible pupil
count.
|
22 |
| (d) For any school district with a Low Income |
23 |
| Concentration
Level of at least 35% and less than 50%, the |
24 |
| grant for each school year shall
be $1,362
multiplied by |
25 |
| the low income eligible pupil
count.
|
26 |
| (e) For any school district with a Low Income |
|
|
|
09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
|
|
1 |
| Concentration
Level of at least 50% and less than 60%, the |
2 |
| grant for each school year shall
be $1,680
multiplied by |
3 |
| the low income eligible pupil
count.
|
4 |
| (f) For any school district with a Low Income |
5 |
| Concentration
Level of 60% or more, the grant for each |
6 |
| school year shall be $2,080
multiplied by the low income |
7 |
| eligible pupil count.
|
8 |
| (2.10) Except as otherwise provided, supplemental general |
9 |
| State aid
pursuant to this subsection
(H) shall be provided as |
10 |
| follows for the 2003-2004 school year and each
school year |
11 |
| thereafter:
|
12 |
| (a) For any school district with a Low Income |
13 |
| Concentration
Level of 15% or less, the grant for each |
14 |
| school year
shall be $355 multiplied by the low income |
15 |
| eligible pupil count.
|
16 |
| (b) For any school district with a Low Income |
17 |
| Concentration
Level greater than 15%, the grant for each |
18 |
| school year shall be
$294.25 added to the product of $2,700 |
19 |
| and the square of the Low
Income Concentration Level, all |
20 |
| multiplied by the low income
eligible pupil count.
|
21 |
| For the 2003-2004 school year and each school year through |
22 |
| the 2007-2008 school year , 2004-2005 school year,
2005-2006 |
23 |
| school year, and 2006-2007 school year only, the grant shall be |
24 |
| no less than the
grant
for
the 2002-2003 school year. For the |
25 |
| 2008-2009
2007-2008 school year only, the grant shall
be no
|
26 |
| less than the grant for the 2002-2003 school year multiplied by |
|
|
|
09500HB0471sam002 |
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LRB095 06659 NHT 38704 a |
|
|
1 |
| 0.66. For the
2009-2010
2008-2009
school year only, the grant |
2 |
| shall be no less than the grant for the 2002-2003
school year
|
3 |
| multiplied by 0.33. Notwithstanding the provisions of this |
4 |
| paragraph to the contrary, if for any school year supplemental |
5 |
| general State aid grants are prorated as provided in paragraph |
6 |
| (1) of this subsection (H), then the grants under this |
7 |
| paragraph shall be prorated.
|
8 |
| For the 2003-2004 school year only, the grant shall be no |
9 |
| greater
than the grant received during the 2002-2003 school |
10 |
| year added to the
product of 0.25 multiplied by the difference |
11 |
| between the grant amount
calculated under subsection (a) or (b) |
12 |
| of this paragraph (2.10), whichever
is applicable, and the |
13 |
| grant received during the 2002-2003 school year.
For the |
14 |
| 2004-2005 school year only, the grant shall be no greater than
|
15 |
| the grant received during the 2002-2003 school year added to |
16 |
| the
product of 0.50 multiplied by the difference between the |
17 |
| grant amount
calculated under subsection (a) or (b) of this |
18 |
| paragraph (2.10), whichever
is applicable, and the grant |
19 |
| received during the 2002-2003 school year.
For the 2005-2006 |
20 |
| school year only, the grant shall be no greater than
the grant |
21 |
| received during the 2002-2003 school year added to the
product |
22 |
| of 0.75 multiplied by the difference between the grant amount
|
23 |
| calculated under subsection (a) or (b) of this paragraph |
24 |
| (2.10), whichever
is applicable, and the grant received during |
25 |
| the 2002-2003
school year.
|
26 |
| (3) School districts with an Average Daily Attendance of |
|
|
|
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|
1 |
| more than 1,000
and less than 50,000 that qualify for |
2 |
| supplemental general State aid pursuant
to this subsection |
3 |
| shall submit a plan to the State Board of Education prior to
|
4 |
| October 30 of each year for the use of the funds resulting from |
5 |
| this grant of
supplemental general State aid for the |
6 |
| improvement of
instruction in which priority is given to |
7 |
| meeting the education needs of
disadvantaged children. Such |
8 |
| plan shall be submitted in accordance with
rules and |
9 |
| regulations promulgated by the State Board of Education.
|
10 |
| (4) School districts with an Average Daily Attendance of |
11 |
| 50,000 or more
that qualify for supplemental general State aid |
12 |
| pursuant to this subsection
shall be required to distribute |
13 |
| from funds available pursuant to this Section,
no less than |
14 |
| $261,000,000 in accordance with the following requirements:
|
15 |
| (a) The required amounts shall be distributed to the |
16 |
| attendance centers
within the district in proportion to the |
17 |
| number of pupils enrolled at each
attendance center who are |
18 |
| eligible to receive free or reduced-price lunches or
|
19 |
| breakfasts under the federal Child Nutrition Act of 1966 |
20 |
| and under the National
School Lunch Act during the |
21 |
| immediately preceding school year.
|
22 |
| (b) The distribution of these portions of supplemental |
23 |
| and general State
aid among attendance centers according to |
24 |
| these requirements shall not be
compensated for or |
25 |
| contravened by adjustments of the total of other funds
|
26 |
| appropriated to any attendance centers, and the Board of |
|
|
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| Education shall
utilize funding from one or several sources |
2 |
| in order to fully implement this
provision annually prior |
3 |
| to the opening of school.
|
4 |
| (c) Each attendance center shall be provided by the
|
5 |
| school district a distribution of noncategorical funds and |
6 |
| other
categorical funds to which an attendance center is |
7 |
| entitled under law in
order that the general State aid and |
8 |
| supplemental general State aid provided
by application of |
9 |
| this subsection supplements rather than supplants the
|
10 |
| noncategorical funds and other categorical funds provided |
11 |
| by the school
district to the attendance centers.
|
12 |
| (d) Any funds made available under this subsection that |
13 |
| by reason of the
provisions of this subsection are not
|
14 |
| required to be allocated and provided to attendance centers |
15 |
| may be used and
appropriated by the board of the district |
16 |
| for any lawful school purpose.
|
17 |
| (e) Funds received by an attendance center
pursuant to |
18 |
| this
subsection shall be used
by the attendance center at |
19 |
| the discretion
of the principal and local school council |
20 |
| for programs to improve educational
opportunities at |
21 |
| qualifying schools through the following programs and
|
22 |
| services: early childhood education, reduced class size or |
23 |
| improved adult to
student classroom ratio, enrichment |
24 |
| programs, remedial assistance, attendance
improvement, and |
25 |
| other educationally beneficial expenditures which
|
26 |
| supplement
the regular and basic programs as determined by |
|
|
|
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| the State Board of Education.
Funds provided shall not be |
2 |
| expended for any political or lobbying purposes
as defined |
3 |
| by board rule.
|
4 |
| (f) Each district subject to the provisions of this |
5 |
| subdivision (H)(4)
shall submit an
acceptable plan to meet |
6 |
| the educational needs of disadvantaged children, in
|
7 |
| compliance with the requirements of this paragraph, to the |
8 |
| State Board of
Education prior to July 15 of each year. |
9 |
| This plan shall be consistent with the
decisions of local |
10 |
| school councils concerning the school expenditure plans
|
11 |
| developed in accordance with part 4 of Section 34-2.3. The |
12 |
| State Board shall
approve or reject the plan within 60 days |
13 |
| after its submission. If the plan is
rejected, the district |
14 |
| shall give written notice of intent to modify the plan
|
15 |
| within 15 days of the notification of rejection and then |
16 |
| submit a modified plan
within 30 days after the date of the |
17 |
| written notice of intent to modify.
Districts may amend |
18 |
| approved plans pursuant to rules promulgated by the State
|
19 |
| Board of Education.
|
20 |
| Upon notification by the State Board of Education that |
21 |
| the district has
not submitted a plan prior to July 15 or a |
22 |
| modified plan within the time
period specified herein, the
|
23 |
| State aid funds affected by that plan or modified plan |
24 |
| shall be withheld by the
State Board of Education until a |
25 |
| plan or modified plan is submitted.
|
26 |
| If the district fails to distribute State aid to |
|
|
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| 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.
|
|
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| The State Board of Education shall promulgate rules and |
2 |
| regulations
to implement the provisions of this |
3 |
| subsection. No funds shall be released
under this |
4 |
| subdivision (H)(4) to any district that has not submitted a |
5 |
| plan
that has been approved by the State Board of |
6 |
| Education.
|
7 |
| (I) (Blank).
|
8 |
| (J) Supplementary Grants in Aid.
|
9 |
| (1) Notwithstanding any other provisions of this Section, |
10 |
| the amount of the
aggregate general State aid in combination |
11 |
| with supplemental general State aid
under this Section for |
12 |
| which
each school district is eligible shall be no
less than |
13 |
| the amount of the aggregate general State aid entitlement that |
14 |
| was
received by the district under Section
18-8 (exclusive of |
15 |
| amounts received
under subsections 5(p) and 5(p-5) of that |
16 |
| Section)
for the 1997-98 school year,
pursuant to the |
17 |
| provisions of that Section as it was then in effect.
If a |
18 |
| school district qualifies to receive a supplementary payment |
19 |
| made under
this subsection (J), the amount
of the aggregate |
20 |
| general State aid in combination with supplemental general
|
21 |
| State aid under this Section
which that district is eligible to |
22 |
| receive for each school year shall be no less than the amount |
23 |
| of the aggregate
general State aid entitlement that was |
24 |
| received by the district under
Section 18-8 (exclusive of |
|
|
|
09500HB0471sam002 |
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|
1 |
| amounts received
under subsections 5(p) and 5(p-5) of that |
2 |
| Section)
for the 1997-1998 school year, pursuant to the |
3 |
| provisions of that
Section as it was then in effect.
|
4 |
| (2) If, as provided in paragraph (1) of this subsection |
5 |
| (J), a school
district is to receive aggregate general State |
6 |
| aid in
combination with supplemental general State aid under |
7 |
| this Section for the 1998-99 school year and any subsequent |
8 |
| school
year that in any such school year is less than the |
9 |
| amount of the aggregate
general
State
aid entitlement that the |
10 |
| district received for the 1997-98 school year, the
school |
11 |
| district shall also receive, from a separate appropriation made |
12 |
| for
purposes of this subsection (J), a supplementary payment |
13 |
| that is equal to the
amount of the difference in the aggregate |
14 |
| State aid figures as described in
paragraph (1).
|
15 |
| (3) (Blank).
|
16 |
| (K) Grants to Laboratory and Alternative Schools.
|
17 |
| In calculating the amount to be paid to the governing board |
18 |
| of a public
university that operates a laboratory school under |
19 |
| this Section or to any
alternative school that is operated by a |
20 |
| regional superintendent of schools,
the State
Board of |
21 |
| Education shall require by rule such reporting requirements as |
22 |
| it
deems necessary.
|
23 |
| As used in this Section, "laboratory school" means a public |
24 |
| school which is
created and operated by a public university and |
25 |
| approved by the State Board of
Education. The governing board |
|
|
|
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| of a public university which receives funds
from the State |
2 |
| Board under this subsection (K) may not increase the number of
|
3 |
| students enrolled in its laboratory
school from a single |
4 |
| district, if that district is already sending 50 or more
|
5 |
| students, except under a mutual agreement between the school |
6 |
| board of a
student's district of residence and the university |
7 |
| which operates the
laboratory school. A laboratory school may |
8 |
| not have more than 1,000 students,
excluding students with |
9 |
| disabilities in a special education program.
|
10 |
| As used in this Section, "alternative school" means a |
11 |
| public school which is
created and operated by a Regional |
12 |
| Superintendent of Schools and approved by
the State Board of |
13 |
| Education. Such alternative schools may offer courses of
|
14 |
| instruction for which credit is given in regular school |
15 |
| programs, courses to
prepare students for the high school |
16 |
| equivalency testing program or vocational
and occupational |
17 |
| training. A regional superintendent of schools may contract
|
18 |
| with a school district or a public community college district |
19 |
| to operate an
alternative school. An alternative school serving |
20 |
| more than one educational
service region may be established by |
21 |
| the regional superintendents of schools
of the affected |
22 |
| educational service regions. An alternative school
serving |
23 |
| more than one educational service region may be operated under |
24 |
| such
terms as the regional superintendents of schools of those |
25 |
| educational service
regions may agree.
|
26 |
| Each laboratory and alternative school shall file, on forms |
|
|
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09500HB0471sam002 |
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|
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| provided by the
State Superintendent of Education, an annual |
2 |
| State aid claim which states the
Average Daily Attendance of |
3 |
| the school's students by month. The best 3 months'
Average |
4 |
| Daily Attendance shall be computed for each school.
The general |
5 |
| State aid entitlement shall be computed by multiplying the
|
6 |
| applicable Average Daily Attendance by the Foundation Level as |
7 |
| determined under
this Section.
|
8 |
| (L) Payments, Additional Grants in Aid and Other Requirements.
|
9 |
| (1) For a school district operating under the financial |
10 |
| supervision
of an Authority created under Article 34A, the |
11 |
| general State aid otherwise
payable to that district under this |
12 |
| Section, but not the supplemental general
State aid, shall be |
13 |
| reduced by an amount equal to the budget for
the operations of |
14 |
| the Authority as certified by the Authority to the State
Board |
15 |
| of Education, and an amount equal to such reduction shall be |
16 |
| paid
to the Authority created for such district for its |
17 |
| operating expenses in
the manner provided in Section 18-11. The |
18 |
| remainder
of general State school aid for any such district |
19 |
| shall be paid in accordance
with Article 34A when that Article |
20 |
| provides for a disposition other than that
provided by this |
21 |
| Article.
|
22 |
| (2) (Blank).
|
23 |
| (3) Summer school. Summer school payments shall be made as |
24 |
| provided in
Section 18-4.3.
|
|
|
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| (M) Education Funding Advisory Board.
|
2 |
| The Education Funding Advisory
Board, hereinafter in this |
3 |
| subsection (M) referred to as the "Board", is hereby
created. |
4 |
| The Board
shall consist of 5 members who are appointed by the |
5 |
| Governor, by and with the
advice and consent of the Senate. The |
6 |
| members appointed shall include
representatives of education, |
7 |
| business, and the general public. One of the
members so |
8 |
| appointed shall be
designated by the Governor at the time the |
9 |
| appointment is made as the
chairperson of the
Board.
The |
10 |
| initial members of the Board may
be appointed any time after |
11 |
| the effective date of this amendatory Act of
1997. The regular |
12 |
| term of each member of the
Board shall be for 4 years from the |
13 |
| third Monday of January of the
year in which the term of the |
14 |
| member's appointment is to commence, except that
of the 5 |
15 |
| initial members appointed to serve on the
Board, the member who |
16 |
| is appointed as the chairperson shall serve for
a term that |
17 |
| commences on the date of his or her appointment and expires on |
18 |
| the
third Monday of January, 2002, and the remaining 4 members, |
19 |
| by lots drawn at
the first meeting of the Board that is
held
|
20 |
| after all 5 members are appointed, shall determine 2 of their |
21 |
| number to serve
for terms that commence on the date of their
|
22 |
| respective appointments and expire on the third
Monday of |
23 |
| January, 2001,
and 2 of their number to serve for terms that |
24 |
| commence
on the date of their respective appointments and |
25 |
| expire on the third Monday
of January, 2000. All members |
26 |
| appointed to serve on the
Board shall serve until their |
|
|
|
09500HB0471sam002 |
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|
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| respective successors are
appointed and confirmed. Vacancies |
2 |
| shall be filled in the same manner as
original appointments. If |
3 |
| a vacancy in membership occurs at a time when the
Senate is not |
4 |
| in session, the Governor shall make a temporary appointment |
5 |
| until
the next meeting of the Senate, when he or she shall |
6 |
| appoint, by and with the
advice and consent of the Senate, a |
7 |
| person to fill that membership for the
unexpired term. If the |
8 |
| Senate is not in session when the initial appointments
are |
9 |
| made, those appointments shall
be made as in the case of |
10 |
| vacancies.
|
11 |
| The Education Funding Advisory Board shall be deemed |
12 |
| established,
and the initial
members appointed by the Governor |
13 |
| to serve as members of the
Board shall take office,
on the date |
14 |
| that the
Governor makes his or her appointment of the fifth |
15 |
| initial member of the
Board, whether those initial members are |
16 |
| then serving
pursuant to appointment and confirmation or |
17 |
| pursuant to temporary appointments
that are made by the |
18 |
| Governor as in the case of vacancies.
|
19 |
| The State Board of Education shall provide such staff |
20 |
| assistance to the
Education Funding Advisory Board as is |
21 |
| reasonably required for the proper
performance by the Board of |
22 |
| its responsibilities.
|
23 |
| For school years after the 2000-2001 school year, the |
24 |
| Education
Funding Advisory Board, in consultation with the |
25 |
| State Board of Education,
shall make recommendations as |
26 |
| provided in this subsection (M) to the General
Assembly for the |
|
|
|
09500HB0471sam002 |
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|
|
1 |
| foundation level under subdivision (B)(3) of this Section and
|
2 |
| for the
supplemental general State aid grant level under |
3 |
| subsection (H) of this Section
for districts with high |
4 |
| concentrations of children from poverty. The
recommended |
5 |
| foundation level shall be determined based on a methodology |
6 |
| which
incorporates the basic education expenditures of |
7 |
| low-spending schools
exhibiting high academic performance. The |
8 |
| Education Funding Advisory Board
shall make such |
9 |
| recommendations to the General Assembly on January 1 of odd
|
10 |
| numbered years, beginning January 1, 2001.
|
11 |
| (N) (Blank).
|
12 |
| (O) References.
|
13 |
| (1) References in other laws to the various subdivisions of
|
14 |
| Section 18-8 as that Section existed before its repeal and |
15 |
| replacement by this
Section 18-8.05 shall be deemed to refer to |
16 |
| the corresponding provisions of
this Section 18-8.05, to the |
17 |
| extent that those references remain applicable.
|
18 |
| (2) References in other laws to State Chapter 1 funds shall |
19 |
| be deemed to
refer to the supplemental general State aid |
20 |
| provided under subsection (H) of
this Section.
|
21 |
| (P) Public Act 93-838 and Public Act 93-808 make inconsistent |
22 |
| changes to this Section. Under Section 6 of the Statute on |
23 |
| Statutes there is an irreconcilable conflict between Public Act |
|
|
|
09500HB0471sam002 |
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| 93-808 and Public Act 93-838. Public Act 93-838, being the last |
2 |
| acted upon, is controlling. The text of Public Act 93-838 is |
3 |
| the law regardless of the text of Public Act 93-808. |
4 |
| (Source: P.A. 93-21, eff. 7-1-03; 93-715, eff. 7-12-04; 93-808, |
5 |
| eff. 7-26-04; 93-838, eff. 7-30-04; 93-875, eff. 8-6-04; 94-69, |
6 |
| eff. 7-1-05; 94-438, eff. 8-4-05; 94-835, eff. 6-6-06; 94-1019, |
7 |
| eff. 7-10-06; 94-1105, eff. 6-1-07; revised 2-18-07.) |
8 |
| (105 ILCS 5/21-29 new)
|
9 |
| Sec. 21-29. Salary Incentive Program for Hard-to-Staff |
10 |
| Schools. |
11 |
| (a) The Salary Incentive Program for Hard-to-Staff Schools |
12 |
| is established to provide categorical funding for monetary |
13 |
| incentives and bonuses for teachers and school administrators |
14 |
| who are employed by school districts designated as |
15 |
| hard-to-staff by the State Board of Education. The State Board |
16 |
| of Education shall allocate and distribute to qualifying school |
17 |
| districts an amount as annually appropriated by the General |
18 |
| Assembly for the Salary Incentive Program for Hard-to-Staff |
19 |
| Schools. The State Board of Education's annual budget must set |
20 |
| out by separate line item the appropriation for the program. |
21 |
| (b) Unless otherwise provided by appropriation, each |
22 |
| school district's annual allocation under the Salary Incentive |
23 |
| Program for Hard-to-Staff Schools shall be the sum of the |
24 |
| following incentives and bonuses: |
25 |
| (1) An annual payment of $3,000 to be paid to each |
|
|
|
09500HB0471sam002 |
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|
1 |
| certificated teacher employed as a school teacher by a |
2 |
| school district. The school district shall distribute this |
3 |
| payment to each eligible teacher as a single payment or in |
4 |
| not more than 3 payments. |
5 |
| (2) An annual payment of $5,000 to each certificated |
6 |
| principal that is employed as a school principal by a |
7 |
| school district. The school district shall distribute this |
8 |
| payment to each eligible principal as a single payment or |
9 |
| in not more than 3 payments. |
10 |
| (c) Each regional superintendent of schools shall provide |
11 |
| information about the Salary Incentive Program for |
12 |
| Hard-to-Staff Schools to each individual seeking to register or |
13 |
| renew a certificate.
|
14 |
| (105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
|
15 |
| Sec. 29-3. Transportation in school districts. School |
16 |
| boards
of community consolidated districts, community unit
|
17 |
| districts, consolidated districts, and consolidated high |
18 |
| school
districts, optional elementary unit districts, combined |
19 |
| high school - unit districts,
and combined school districts if |
20 |
| the combined district
includes any district which was |
21 |
| previously required to provide
transportation, and any newly |
22 |
| created elementary or high school districts resulting from a |
23 |
| high school - unit conversion, a unit to dual conversion, or a |
24 |
| multi-unit conversion if the newly created district includes |
25 |
| any area that was previously required to provide transportation |
|
|
|
09500HB0471sam002 |
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|
1 |
| shall provide free transportation
for pupils residing at a |
2 |
| distance of one and one-half miles or more from
any school to |
3 |
| which they are assigned for attendance maintained within the
|
4 |
| district , except for those pupils for whom the school board |
5 |
| shall certify to
the State Board of Education that adequate |
6 |
| transportation for the public is
available.
|
7 |
| For the purpose of this Act 1 1/2 miles distance shall be |
8 |
| from the exit
of the property where the pupil resides to the |
9 |
| point where pupils are normally
unloaded at the school |
10 |
| attended; such distance shall be measured by determining
the |
11 |
| shortest distance on normally traveled roads or streets.
|
12 |
| Such school board may comply with the provisions of this |
13 |
| Section by
providing free transportation for pupils to and from |
14 |
| an assigned school
and a pick-up point located not more than |
15 |
| one and one-half miles from
the home of each pupil assigned to |
16 |
| such point.
|
17 |
| For the purposes of this Act "adequate transportation for |
18 |
| the public"
shall be assumed to exist for such pupils as can |
19 |
| reach school by
walking, one way, along normally traveled roads |
20 |
| or streets
less than 1
1/2 miles irrespective of the distance |
21 |
| the
pupil is transported by public transportation.
|
22 |
| In addition to the other requirements of this Section, each |
23 |
| school board may
provide free transportation for any pupil |
24 |
| residing within 1 1/2 miles from the
school attended where |
25 |
| conditions are such that walking, either to or from the
school |
26 |
| to which a pupil is assigned for attendance or to or from a |
|
|
|
09500HB0471sam002 |
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| pick-up
point or bus stop, constitutes a serious hazard to the |
2 |
| safety of the pupil
due to vehicular traffic or rail crossings. |
3 |
| Such transportation shall not
be provided if adequate |
4 |
| transportation for the public is available.
|
5 |
| The determination as to what constitutes a serious safety |
6 |
| hazard shall
be made by the school board, in accordance with |
7 |
| guidelines promulgated by
the Illinois Department of |
8 |
| Transportation, in consultation with the State
Superintendent |
9 |
| of Education. A school board, on written petition of the
parent |
10 |
| or guardian of a pupil for whom adequate transportation for the |
11 |
| public
is alleged not to exist because the pupil is required to |
12 |
| walk along normally
traveled roads or streets where walking is |
13 |
| alleged to constitute a serious
safety hazard due to vehicular |
14 |
| traffic or rail crossings, or who is required to
walk between |
15 |
| the
pupil's home and assigned school or between the pupil's |
16 |
| home or assigned school
and a pick-up point or bus stop along |
17 |
| roads or streets where walking is alleged
to constitute a |
18 |
| serious safety hazard due to vehicular traffic or rail
|
19 |
| crossings, shall conduct a
study and make findings, which the |
20 |
| Department of Transportation shall review
and approve
or |
21 |
| disapprove as provided in this Section, to determine whether a |
22 |
| serious
safety hazard exists as alleged in the petition. The
|
23 |
| Department of Transportation shall review
the findings of the |
24 |
| school board and shall approve or disapprove the school
board's |
25 |
| determination that a serious safety hazard exists within 30 |
26 |
| days
after the school board submits its findings to the |
|
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| Department. The school board
shall annually review the |
2 |
| conditions and determine whether or not the hazardous |
3 |
| conditions remain unchanged. The
State Superintendent of |
4 |
| Education may request that the Illinois Department
of |
5 |
| Transportation verify that the conditions have not changed. No |
6 |
| action
shall lie against the school board, the State |
7 |
| Superintendent of Education
or the Illinois Department of |
8 |
| Transportation for decisions made in accordance
with this |
9 |
| Section. The provisions of the Administrative Review Law and |
10 |
| all
amendments and modifications thereof and the rules adopted |
11 |
| pursuant thereto
shall apply to and govern all proceedings |
12 |
| instituted for the judicial
review of final administrative |
13 |
| decisions of the Department of
Transportation under this |
14 |
| Section.
|
15 |
| (Source: P.A. 94-439, eff. 8-4-05.)
|
16 |
| (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) |
17 |
| Sec. 29-5. Reimbursement by State for transportation. Any |
18 |
| school
district, maintaining a school, transporting resident |
19 |
| pupils to another
school district's vocational program, |
20 |
| offered through a joint agreement
approved by the State Board |
21 |
| of Education, as provided in Section
10-22.22 or transporting |
22 |
| its resident pupils to a school which meets the
standards for |
23 |
| recognition as established by the State Board of Education
|
24 |
| which provides transportation meeting the standards of safety, |
25 |
| comfort,
convenience, efficiency and operation prescribed by |
|
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| the State Board of
Education for resident pupils in |
2 |
| kindergarten or any of grades 1 through
12 who: (a) reside at |
3 |
| least 1 1/2 miles as measured by the customary route of
travel, |
4 |
| from the school attended; or (b) reside in areas where |
5 |
| conditions are
such that walking constitutes a hazard to the |
6 |
| safety of the child when
determined under Section 29-3; and (c) |
7 |
| are transported to the school attended
from pick-up points at |
8 |
| the beginning of the school day and back again at the
close of |
9 |
| the school day or transported to and from their assigned |
10 |
| attendance
centers during the school day, shall be reimbursed |
11 |
| by the State as hereinafter
provided in this Section.
|
12 |
| The State will pay the cost of transporting eligible pupils |
13 |
| less the
assessed valuation in a dual school district |
14 |
| maintaining secondary
grades 9 to 12 inclusive times a |
15 |
| qualifying rate of .05%; in elementary
school districts |
16 |
| maintaining grades K to 8 times a qualifying rate of
.06%; and |
17 |
| in unit districts maintaining grades K to 12 , including |
18 |
| optional elementary unit districts and combined high school - |
19 |
| unit districts, times a qualifying
rate of .07% ; provided that |
20 |
| for optional elementary unit districts and combined high school - |
21 |
| unit districts, assessed valuation for high school purposes, |
22 |
| as defined in Article 11E of this Code, must be used . To be |
23 |
| eligible to receive reimbursement in excess of 4/5
of the cost |
24 |
| to transport eligible pupils, a school district shall have a
|
25 |
| Transportation Fund tax rate of at least .12%. If a school |
26 |
| district
does not have a .12% Transportation Fund tax rate, the |
|
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| amount of its
claim in excess of 4/5 of the cost of |
2 |
| transporting pupils shall be
reduced by the sum arrived at by |
3 |
| subtracting the Transportation Fund tax
rate from .12% and |
4 |
| multiplying that amount by the districts equalized or
assessed |
5 |
| valuation, provided, that in no case shall said reduction
|
6 |
| result in reimbursement of less than 4/5 of the cost to |
7 |
| transport
eligible pupils.
|
8 |
| The minimum amount to be received by a district is $16 |
9 |
| times the
number of eligible pupils transported.
|
10 |
| Any such district transporting resident pupils during the |
11 |
| school day
to an area vocational school or another school |
12 |
| district's vocational
program more than 1 1/2 miles from the |
13 |
| school attended, as provided in
Sections 10-22.20a and |
14 |
| 10-22.22, shall be reimbursed by the State for 4/5
of the cost |
15 |
| of transporting eligible pupils.
|
16 |
| School day means that period of time which the pupil is |
17 |
| required to be
in attendance for instructional purposes.
|
18 |
| If a pupil is at a location within the school district |
19 |
| other than his
residence for child care purposes at the time |
20 |
| for transportation to school,
that location may be considered |
21 |
| for purposes of determining the 1 1/2 miles
from the school |
22 |
| attended.
|
23 |
| Claims for reimbursement that include children who attend |
24 |
| any school
other than a public school shall show the number of |
25 |
| such children
transported.
|
26 |
| Claims for reimbursement under this Section shall not be |
|
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| paid for the
transportation of pupils for whom transportation |
2 |
| costs are claimed for
payment under other Sections of this Act.
|
3 |
| The allowable direct cost of transporting pupils for |
4 |
| regular, vocational,
and special education pupil |
5 |
| transportation shall be limited to the sum of
the cost of |
6 |
| physical examinations required for employment as a school bus
|
7 |
| driver; the salaries of full or part-time drivers and school |
8 |
| bus maintenance
personnel; employee benefits excluding |
9 |
| Illinois municipal retirement
payments, social security |
10 |
| payments, unemployment insurance payments and
workers' |
11 |
| compensation insurance premiums; expenditures to independent
|
12 |
| carriers who operate school buses; payments to other school |
13 |
| districts for
pupil transportation services; pre-approved |
14 |
| contractual expenditures for
computerized bus scheduling; the |
15 |
| cost of gasoline, oil, tires, and other
supplies necessary for |
16 |
| the operation of school buses; the cost of
converting buses' |
17 |
| gasoline engines to more fuel efficient engines or to
engines |
18 |
| which use alternative energy sources; the cost of travel to
|
19 |
| meetings and workshops conducted by the regional |
20 |
| superintendent or the
State Superintendent of Education |
21 |
| pursuant to the standards established by
the Secretary of State |
22 |
| under Section 6-106 of the Illinois Vehicle Code to improve the |
23 |
| driving skills of
school bus drivers; the cost of maintenance |
24 |
| of school buses including parts
and materials used; |
25 |
| expenditures for leasing transportation vehicles,
except |
26 |
| interest and service charges; the cost of insurance and |
|
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| licenses for
transportation vehicles; expenditures for the |
2 |
| rental of transportation
equipment; plus a depreciation |
3 |
| allowance of 20% for 5 years for school
buses and vehicles |
4 |
| approved for transporting pupils to and from school and
a |
5 |
| depreciation allowance of 10% for 10 years for other |
6 |
| transportation
equipment so used.
Each school year, if a school |
7 |
| district has made expenditures to the
Regional Transportation |
8 |
| Authority or any of its service boards, a mass
transit |
9 |
| district, or an urban transportation district under an
|
10 |
| intergovernmental agreement with the district to provide for |
11 |
| the
transportation of pupils and if the public transit carrier |
12 |
| received direct
payment for services or passes from a school |
13 |
| district within its service
area during the 2000-2001 school |
14 |
| year, then the allowable direct cost of
transporting pupils for |
15 |
| regular, vocational, and special education pupil
|
16 |
| transportation shall also include the expenditures that the |
17 |
| district has
made to the public transit carrier.
In addition to |
18 |
| the above allowable costs school
districts shall also claim all |
19 |
| transportation supervisory salary costs,
including Illinois |
20 |
| municipal retirement payments, and all transportation
related |
21 |
| building and building maintenance costs without limitation.
|
22 |
| Special education allowable costs shall also include |
23 |
| expenditures for the
salaries of attendants or aides for that |
24 |
| portion of the time they assist
special education pupils while |
25 |
| in transit and expenditures for parents and
public carriers for |
26 |
| transporting special education pupils when pre-approved
by the |
|
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| State Superintendent of Education.
|
2 |
| Indirect costs shall be included in the reimbursement claim |
3 |
| for districts
which own and operate their own school buses. |
4 |
| Such indirect costs shall
include administrative costs, or any |
5 |
| costs attributable to transporting
pupils from their |
6 |
| attendance centers to another school building for
|
7 |
| instructional purposes. No school district which owns and |
8 |
| operates its own
school buses may claim reimbursement for |
9 |
| indirect costs which exceed 5% of
the total allowable direct |
10 |
| costs for pupil transportation.
|
11 |
| The State Board of Education shall prescribe uniform |
12 |
| regulations for
determining the above standards and shall |
13 |
| prescribe forms of cost
accounting and standards of determining |
14 |
| reasonable depreciation. Such
depreciation shall include the |
15 |
| cost of equipping school buses with the
safety features |
16 |
| required by law or by the rules, regulations and standards
|
17 |
| promulgated by the State Board of Education, and the Department |
18 |
| of
Transportation for the safety and construction of school |
19 |
| buses provided,
however, any equipment cost reimbursed by the |
20 |
| Department of Transportation
for equipping school buses with |
21 |
| such safety equipment shall be deducted
from the allowable cost |
22 |
| in the computation of reimbursement under this
Section in the |
23 |
| same percentage as the cost of the equipment is depreciated.
|
24 |
| On or before August 15, annually, the chief school |
25 |
| administrator for
the district shall certify to the State |
26 |
| Superintendent of Education the
district's claim for |
|
|
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| reimbursement for the school year ending on June 30
next |
2 |
| preceding. The State Superintendent of Education shall check |
3 |
| and
approve the claims and prepare the vouchers showing the |
4 |
| amounts due for
district reimbursement claims. Each fiscal |
5 |
| year, the State
Superintendent of Education shall prepare and |
6 |
| transmit the first 3
vouchers to the Comptroller on the 30th |
7 |
| day of September, December and
March, respectively, and the |
8 |
| final voucher, no later than June 20.
|
9 |
| If the amount appropriated for transportation |
10 |
| reimbursement is insufficient
to fund total claims for any |
11 |
| fiscal year, the State Board of Education shall
reduce each |
12 |
| school district's allowable costs and flat grant amount
|
13 |
| proportionately to make total adjusted claims equal the total |
14 |
| amount
appropriated.
|
15 |
| For purposes of calculating claims for reimbursement under |
16 |
| this Section
for any school year beginning July 1, 1998, or |
17 |
| thereafter, the
equalized
assessed valuation for a school |
18 |
| district used to compute reimbursement
shall be computed in the |
19 |
| same manner as it is computed under paragraph (2) of
subsection |
20 |
| (G) of Section 18-8.05.
|
21 |
| All reimbursements received from the State shall be |
22 |
| deposited into the
district's transportation fund or into the |
23 |
| fund from which the allowable
expenditures were made.
|
24 |
| Notwithstanding any other provision of law, any school |
25 |
| district receiving
a payment under this Section or under |
26 |
| Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may |
|
|
|
09500HB0471sam002 |
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|
1 |
| classify all or a portion of the funds that it
receives in a |
2 |
| particular fiscal year or from general State aid pursuant to
|
3 |
| Section 18-8.05 of this Code
as funds received in connection |
4 |
| with any funding program for which it is
entitled to receive |
5 |
| funds from the State in that fiscal year (including,
without |
6 |
| limitation, any funding program referenced in this Section),
|
7 |
| regardless of the source or timing of the receipt. The district |
8 |
| may not
classify more funds as funds received in connection |
9 |
| with the funding
program than the district is entitled to |
10 |
| receive in that fiscal year for that
program. Any
|
11 |
| classification by a district must be made by a resolution of |
12 |
| its board of
education. The resolution must identify the amount |
13 |
| of any payments or
general State aid to be classified under |
14 |
| this paragraph and must specify
the funding program to which |
15 |
| the funds are to be treated as received in
connection |
16 |
| therewith. This resolution is controlling as to the
|
17 |
| classification of funds referenced therein. A certified copy of |
18 |
| the
resolution must be sent to the State Superintendent of |
19 |
| Education.
The resolution shall still take effect even though a |
20 |
| copy of the resolution has
not been sent to the State
|
21 |
| Superintendent of Education in a timely manner.
No
|
22 |
| classification under this paragraph by a district shall affect |
23 |
| the total amount
or timing of money the district is entitled to |
24 |
| receive under this Code.
No classification under this paragraph |
25 |
| by a district shall
in any way relieve the district from or |
26 |
| affect any
requirements that otherwise would apply with respect |
|
|
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09500HB0471sam002 |
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|
1 |
| to
that funding program, including any
accounting of funds by |
2 |
| source, reporting expenditures by
original source and purpose,
|
3 |
| reporting requirements,
or requirements of providing services.
|
4 |
| Any school district with a population of not more than |
5 |
| 500,000
must deposit all funds received under this Article into |
6 |
| the transportation
fund and use those funds for the provision |
7 |
| of transportation services.
|
8 |
| (Source: P.A. 93-166, eff. 7-10-03; 93-663, eff. 2-17-04; |
9 |
| 93-1022, eff. 8-24-04; 94-875, eff. 7-1-06.)
|
10 |
| Section 99. Effective date. This Act takes effect upon |
11 |
| becoming law.".
|