96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3241

 

Introduced 2/9/2010, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-19   from Ch. 122, par. 10-19
105 ILCS 5/10-19.1   from Ch. 122, par. 10-19.1
105 ILCS 5/18-8.05
105 ILCS 5/34-18   from Ch. 122, par. 34-18

    Amends the School Code. Increases both the minimum length of the school term and the minimum number of days of actual pupil attendance by 24 days. Makes related changes. Effective July 1, 2010.


LRB096 20474 MJR 36129 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by changing Sections
5 10-19, 10-19.1, 18-8.05, and 34-18 as follows:
 
6     (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
7     Sec. 10-19. Length of school term - experimental programs.
8 Each school board shall annually prepare a calendar for the
9 school term, specifying the opening and closing dates and
10 providing a minimum term of at least 209 185 days to insure 200
11 176 days of actual pupil attendance, computable under Section
12 18-8.05, except that for the 1980-1981 school year only 175
13 days of actual pupil attendance shall be required because of
14 the closing of schools pursuant to Section 24-2 on January 29,
15 1981 upon the appointment by the President of that day as a day
16 of thanksgiving for the freedom of the Americans who had been
17 held hostage in Iran. Any days allowed by law for teachers'
18 institute but not used as such or used as parental institutes
19 as provided in Section 10-22.18d shall increase the minimum
20 term by the school days not so used. Except as provided in
21 Section 10-19.1, the board may not extend the school term
22 beyond such closing date unless that extension of term is
23 necessary to provide the minimum number of computable days. In

 

 

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

 

 

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1 agreement with affected exclusive collective bargaining
2 agents, establish experimental educational programs, including
3 but not limited to programs for self-directed learning or
4 outside of formal class periods, which programs when so
5 approved shall be considered to comply with the requirements of
6 this Section as respects numbers of days of actual pupil
7 attendance and with the other requirements of this Act as
8 respects courses of instruction.
9 (Source: P.A. 93-1036, eff. 9-14-04.)
 
10     (105 ILCS 5/10-19.1)  (from Ch. 122, par. 10-19.1)
11     Sec. 10-19.1. Full year school plan. Any school district
12 may, by resolution of its board, operate one or more schools
13 within the district on a full year school plan approved by the
14 State Board of Education. Any board which operates under this
15 Section shall devise a plan so that a student's required
16 attendance in school during a 12-month period shall be for not
17 less than the a minimum number of days term of 180 days of
18 actual pupil attendance required by Section 10-19 of this Code
19 for the school year during which that 12-month period
20 commences, plus including not more than 4 institute days,
21 provided that during that a 12 month period a student's
22 required attendance in school , but shall not exceed, nor shall
23 any teacher be required to teach more than, the number of days
24 that is equal to the minimum term required to be provided by
25 Section 10-19 of this Code for the school year during which

 

 

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1 that 12-month period commences 185 days. Under such plan, no
2 teacher shall be required to teach more than 185 days. A
3 calendar of 180 days may be established with the approval of
4 the State Board of Education.
5 (Source: P.A. 81-1508.)
 
6     (105 ILCS 5/18-8.05)
7     Sec. 18-8.05. Basis for apportionment of general State
8 financial aid and supplemental general State aid to the common
9 schools for the 1998-1999 and subsequent school years.
 
10 (A) General Provisions.
11     (1) The provisions of this Section apply to the 1998-1999
12 and subsequent school years. The system of general State
13 financial aid provided for in this Section is designed to
14 assure that, through a combination of State financial aid and
15 required local resources, the financial support provided each
16 pupil in Average Daily Attendance equals or exceeds a
17 prescribed per pupil Foundation Level. This formula approach
18 imputes a level of per pupil Available Local Resources and
19 provides for the basis to calculate a per pupil level of
20 general State financial aid that, when added to Available Local
21 Resources, equals or exceeds the Foundation Level. The amount
22 of per pupil general State financial aid for school districts,
23 in general, varies in inverse relation to Available Local
24 Resources. Per pupil amounts are based upon each school

 

 

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1 district's Average Daily Attendance as that term is defined in
2 this Section.
3     (2) In addition to general State financial aid, school
4 districts with specified levels or concentrations of pupils
5 from low income households are eligible to receive supplemental
6 general State financial aid grants as provided pursuant to
7 subsection (H). The supplemental State aid grants provided for
8 school districts under subsection (H) shall be appropriated for
9 distribution to school districts as part of the same line item
10 in which the general State financial aid of school districts is
11 appropriated under this Section.
12     (3) To receive financial assistance under this Section,
13 school districts are required to file claims with the State
14 Board of Education, subject to the following requirements:
15         (a) Any school district which fails for any given
16     school year to maintain school as required by law, or to
17     maintain a recognized school is not eligible to file for
18     such school year any claim upon the Common School Fund. In
19     case of nonrecognition of one or more attendance centers in
20     a school district otherwise operating recognized schools,
21     the claim of the district shall be reduced in the
22     proportion which the Average Daily Attendance in the
23     attendance center or centers bear to the Average Daily
24     Attendance in the school district. A "recognized school"
25     means any public school which meets the standards as
26     established for recognition by the State Board of

 

 

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

 

 

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1         (b) "Available Local Resources": A computation of
2     local financial support, calculated on the basis of Average
3     Daily Attendance and derived as provided pursuant to
4     subsection (D).
5         (c) "Corporate Personal Property Replacement Taxes":
6     Funds paid to local school districts pursuant to "An Act in
7     relation to the abolition of ad valorem personal property
8     tax and the replacement of revenues lost thereby, and
9     amending and repealing certain Acts and parts of Acts in
10     connection therewith", certified August 14, 1979, as
11     amended (Public Act 81-1st S.S.-1).
12         (d) "Foundation Level": A prescribed level of per pupil
13     financial support as provided for in subsection (B).
14         (e) "Operating Tax Rate": All school district property
15     taxes extended for all purposes, except Bond and Interest,
16     Summer School, Rent, Capital Improvement, and Vocational
17     Education Building purposes.
 
18 (B) Foundation Level.
19     (1) The Foundation Level is a figure established by the
20 State representing the minimum level of per pupil financial
21 support that should be available to provide for the basic
22 education of each pupil in Average Daily Attendance. As set
23 forth in this Section, each school district is assumed to exert
24 a sufficient local taxing effort such that, in combination with
25 the aggregate of general State financial aid provided the

 

 

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1 district, an aggregate of State and local resources are
2 available to meet the basic education needs of pupils in the
3 district.
4     (2) For the 1998-1999 school year, the Foundation Level of
5 support is $4,225. For the 1999-2000 school year, the
6 Foundation Level of support is $4,325. For the 2000-2001 school
7 year, the Foundation Level of support is $4,425. For the
8 2001-2002 school year and 2002-2003 school year, the Foundation
9 Level of support is $4,560. For the 2003-2004 school year, the
10 Foundation Level of support is $4,810. For the 2004-2005 school
11 year, the Foundation Level of support is $4,964. For the
12 2005-2006 school year, the Foundation Level of support is
13 $5,164. For the 2006-2007 school year, the Foundation Level of
14 support is $5,334. For the 2007-2008 school year, the
15 Foundation Level of support is $5,734. For the 2008-2009 school
16 year, the Foundation Level of support is $5,959.
17     (3) For the 2009-2010 school year and each school year
18 thereafter, the Foundation Level of support is $6,119 or such
19 greater amount as may be established by law by the General
20 Assembly.
 
21 (C) Average Daily Attendance.
22     (1) For purposes of calculating general State aid pursuant
23 to subsection (E), an Average Daily Attendance figure shall be
24 utilized. The Average Daily Attendance figure for formula
25 calculation purposes shall be the monthly average of the actual

 

 

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1 number of pupils in attendance of each school district, as
2 further averaged for the best 3 months of pupil attendance for
3 each school district. In compiling the figures for the number
4 of pupils in attendance, school districts and the State Board
5 of Education shall, for purposes of general State aid funding,
6 conform attendance figures to the requirements of subsection
7 (F).
8     (2) The Average Daily Attendance figures utilized in
9 subsection (E) shall be the requisite attendance data for the
10 school year immediately preceding the school year for which
11 general State aid is being calculated or the average of the
12 attendance data for the 3 preceding school years, whichever is
13 greater. The Average Daily Attendance figures utilized in
14 subsection (H) shall be the requisite attendance data for the
15 school year immediately preceding the school year for which
16 general State aid is being calculated.
 
17 (D) Available Local Resources.
18     (1) For purposes of calculating general State aid pursuant
19 to subsection (E), a representation of Available Local
20 Resources per pupil, as that term is defined and determined in
21 this subsection, shall be utilized. Available Local Resources
22 per pupil shall include a calculated dollar amount representing
23 local school district revenues from local property taxes and
24 from Corporate Personal Property Replacement Taxes, expressed
25 on the basis of pupils in Average Daily Attendance. Calculation

 

 

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1 of Available Local Resources shall exclude any tax amnesty
2 funds received as a result of Public Act 93-26.
3     (2) In determining a school district's revenue from local
4 property taxes, the State Board of Education shall utilize the
5 equalized assessed valuation of all taxable property of each
6 school district as of September 30 of the previous year. The
7 equalized assessed valuation utilized shall be obtained and
8 determined as provided in subsection (G).
9     (3) For school districts maintaining grades kindergarten
10 through 12, local property tax revenues per pupil shall be
11 calculated as the product of the applicable equalized assessed
12 valuation for the district multiplied by 3.00%, and divided by
13 the district's Average Daily Attendance figure. For school
14 districts maintaining grades kindergarten through 8, local
15 property tax revenues per pupil shall be calculated as the
16 product of the applicable equalized assessed valuation for the
17 district multiplied by 2.30%, and divided by the district's
18 Average Daily Attendance figure. For school districts
19 maintaining grades 9 through 12, local property tax revenues
20 per pupil shall be the applicable equalized assessed valuation
21 of the district multiplied by 1.05%, and divided by the
22 district's Average Daily Attendance figure.
23     For partial elementary unit districts created pursuant to
24 Article 11E of this Code, local property tax revenues per pupil
25 shall be calculated as the product of the equalized assessed
26 valuation for property within the partial elementary unit

 

 

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1 district for elementary purposes, as defined in Article 11E of
2 this Code, multiplied by 2.06% and divided by the district's
3 Average Daily Attendance figure, plus the product of the
4 equalized assessed valuation for property within the partial
5 elementary unit district for high school purposes, as defined
6 in Article 11E of this Code, multiplied by 0.94% and divided by
7 the district's Average Daily Attendance figure.
8     (4) The Corporate Personal Property Replacement Taxes paid
9 to each school district during the calendar year one year
10 before the calendar year in which a school year begins, divided
11 by the Average Daily Attendance figure for that district, shall
12 be added to the local property tax revenues per pupil as
13 derived by the application of the immediately preceding
14 paragraph (3). The sum of these per pupil figures for each
15 school district shall constitute Available Local Resources as
16 that term is utilized in subsection (E) in the calculation of
17 general State aid.
 
18 (E) Computation of General State Aid.
19     (1) For each school year, the amount of general State aid
20 allotted to a school district shall be computed by the State
21 Board of Education as provided in this subsection.
22     (2) For any school district for which Available Local
23 Resources per pupil is less than the product of 0.93 times the
24 Foundation Level, general State aid for that district shall be
25 calculated as an amount equal to the Foundation Level minus

 

 

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1 Available Local Resources, multiplied by the Average Daily
2 Attendance of the school district.
3     (3) For any school district for which Available Local
4 Resources per pupil is equal to or greater than the product of
5 0.93 times the Foundation Level and less than the product of
6 1.75 times the Foundation Level, the general State aid per
7 pupil shall be a decimal proportion of the Foundation Level
8 derived using a linear algorithm. Under this linear algorithm,
9 the calculated general State aid per pupil shall decline in
10 direct linear fashion from 0.07 times the Foundation Level for
11 a school district with Available Local Resources equal to the
12 product of 0.93 times the Foundation Level, to 0.05 times the
13 Foundation Level for a school district with Available Local
14 Resources equal to the product of 1.75 times the Foundation
15 Level. The allocation of general State aid for school districts
16 subject to this paragraph 3 shall be the calculated general
17 State aid per pupil figure multiplied by the Average Daily
18 Attendance of the school district.
19     (4) For any school district for which Available Local
20 Resources per pupil equals or exceeds the product of 1.75 times
21 the Foundation Level, the general State aid for the school
22 district shall be calculated as the product of $218 multiplied
23 by the Average Daily Attendance of the school district.
24     (5) The amount of general State aid allocated to a school
25 district for the 1999-2000 school year meeting the requirements
26 set forth in paragraph (4) of subsection (G) shall be increased

 

 

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1 by an amount equal to the general State aid that would have
2 been received by the district for the 1998-1999 school year by
3 utilizing the Extension Limitation Equalized Assessed
4 Valuation as calculated in paragraph (4) of subsection (G) less
5 the general State aid allotted for the 1998-1999 school year.
6 This amount shall be deemed a one time increase, and shall not
7 affect any future general State aid allocations.
 
8 (F) Compilation of Average Daily Attendance.
9     (1) Each school district shall, by July 1 of each year,
10 submit to the State Board of Education, on forms prescribed by
11 the State Board of Education, attendance figures for the school
12 year that began in the preceding calendar year. The attendance
13 information so transmitted shall identify the average daily
14 attendance figures for each month of the school year. Beginning
15 with the general State aid claim form for the 2002-2003 school
16 year, districts shall calculate Average Daily Attendance as
17 provided in subdivisions (a), (b), and (c) of this paragraph
18 (1).
19         (a) In districts that do not hold year-round classes,
20     days of attendance in July and August shall be added to the
21     month of September and any days of attendance in June shall
22     be added to the month of May.
23         (b) In districts in which all buildings hold year-round
24     classes, days of attendance in July and August shall be
25     added to the month of September and any days of attendance

 

 

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

 

 

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

 

 

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1     teachers in accordance with Section 10-22.39 of this Code;
2     or, in lieu of 4 such days, 2 full days may be used, in
3     which event each such day may be counted as a day required
4     for a legal school calendar pursuant to Section 10-19 of
5     this Code; (1.5) when, of the 5 days allowed under item
6     (1), a maximum of 4 days are used for parent-teacher
7     conferences, or, in lieu of 4 such days, 2 full days are
8     used, in which case each such day may be counted as a
9     calendar day required under Section 10-19 of this Code,
10     provided that the full-day, parent-teacher conference
11     consists of (i) a minimum of 5 clock hours of
12     parent-teacher conferences, (ii) both a minimum of 2 clock
13     hours of parent-teacher conferences held in the evening
14     following a full day of student attendance, as specified in
15     subsection (F)(1)(c), and a minimum of 3 clock hours of
16     parent-teacher conferences held on the day immediately
17     following evening parent-teacher conferences, or (iii)
18     multiple parent-teacher conferences held in the evenings
19     following full days of student attendance, as specified in
20     subsection (F)(1)(c), in which the time used for the
21     parent-teacher conferences is equivalent to a minimum of 5
22     clock hours; and (2) when days in addition to those
23     provided in items (1) and (1.5) are scheduled by a school
24     pursuant to its school improvement plan adopted under
25     Article 34 or its revised or amended school improvement
26     plan adopted under Article 2, provided that (i) such

 

 

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1     sessions of 3 or more clock hours are scheduled to occur at
2     regular intervals, (ii) the remainder of the school days in
3     which such sessions occur are utilized for in-service
4     training programs or other staff development activities
5     for teachers, and (iii) a sufficient number of minutes of
6     school work under the direct supervision of teachers are
7     added to the school days between such regularly scheduled
8     sessions to accumulate not less than the number of minutes
9     by which such sessions of 3 or more clock hours fall short
10     of 5 clock hours. Any full days used for the purposes of
11     this paragraph shall not be considered for computing
12     average daily attendance. Days scheduled for in-service
13     training programs, staff development activities, or
14     parent-teacher conferences may be scheduled separately for
15     different grade levels and different attendance centers of
16     the district.
17         (e) A session of not less than one clock hour of
18     teaching hospitalized or homebound pupils on-site or by
19     telephone to the classroom may be counted as 1/2 day of
20     attendance, however these pupils must receive 4 or more
21     clock hours of instruction to be counted for a full day of
22     attendance.
23         (f) A session of at least 4 clock hours may be counted
24     as a day of attendance for first grade pupils, and pupils
25     in full day kindergartens, and a session of 2 or more hours
26     may be counted as 1/2 day of attendance by pupils in

 

 

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

 

 

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1     Examination is administered under subsection (c) of
2     Section 2-3.64 of this Code, the day of attendance for a
3     pupil whose school day must be shortened to accommodate
4     required testing procedures may be less than 5 clock hours
5     and shall be counted towards the 176 days of actual pupil
6     attendance required under Section 10-19 of this Code,
7     provided that a sufficient number of minutes of school work
8     in excess of 5 clock hours are first completed on other
9     school days to compensate for the loss of school work on
10     the examination days.
 
11 (G) Equalized Assessed Valuation Data.
12     (1) For purposes of the calculation of Available Local
13 Resources required pursuant to subsection (D), the State Board
14 of Education shall secure from the Department of Revenue the
15 value as equalized or assessed by the Department of Revenue of
16 all taxable property of every school district, together with
17 (i) the applicable tax rate used in extending taxes for the
18 funds of the district as of September 30 of the previous year
19 and (ii) the limiting rate for all school districts subject to
20 property tax extension limitations as imposed under the
21 Property Tax Extension Limitation Law.
22     The Department of Revenue shall add to the equalized
23 assessed value of all taxable property of each school district
24 situated entirely or partially within a county that is or was
25 subject to the provisions of Section 15-176 or 15-177 of the

 

 

SB3241 - 20 - LRB096 20474 MJR 36129 b

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

 

 

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

 

 

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

 

 

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

 

 

SB3241 - 24 - LRB096 20474 MJR 36129 b

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

 

 

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1 the 2009-2010 school year and each school year thereafter, if a
2 school district has approved or does approve an increase in its
3 limiting rate, pursuant to Section 18-190 of the Property Tax
4 Code, affecting the Base Tax Year, the Extension Limitation
5 Equalized Assessed Valuation of the school district, as
6 calculated by the State Board of Education, shall be equal to
7 the product of the Equalized Assessed Valuation last used in
8 the calculation of general State aid times an amount equal to
9 one plus the percentage increase, if any, in the Consumer Price
10 Index for all Urban Consumers for all items published by the
11 United States Department of Labor for the 12-month calendar
12 year preceding the Base Tax Year, plus the Equalized Assessed
13 Valuation of new property, annexed property, and recovered tax
14 increment value and minus the Equalized Assessed Valuation of
15 disconnected property. New property and recovered tax
16 increment value shall have the meanings set forth in the
17 Property Tax Extension Limitation Law.
18     Partial elementary unit districts created in accordance
19 with Article 11E of this Code shall not be eligible for the
20 adjustment in this subsection (G)(3) until the fifth year
21 following the effective date of the reorganization.
22     (4) For the purposes of calculating general State aid for
23 the 1999-2000 school year only, if a school district
24 experienced a triennial reassessment on the equalized assessed
25 valuation used in calculating its general State financial aid
26 apportionment for the 1998-1999 school year, the State Board of

 

 

SB3241 - 26 - LRB096 20474 MJR 36129 b

1 Education shall calculate the Extension Limitation Equalized
2 Assessed Valuation that would have been used to calculate the
3 district's 1998-1999 general State aid. This amount shall equal
4 the product of the equalized assessed valuation used to
5 calculate general State aid for the 1997-1998 school year and
6 the district's Extension Limitation Ratio. If the Extension
7 Limitation Equalized Assessed Valuation of the school district
8 as calculated under this paragraph (4) is less than the
9 district's equalized assessed valuation utilized in
10 calculating the district's 1998-1999 general State aid
11 allocation, then for purposes of calculating the district's
12 general State aid pursuant to paragraph (5) of subsection (E),
13 that Extension Limitation Equalized Assessed Valuation shall
14 be utilized to calculate the district's Available Local
15 Resources.
16     (5) For school districts having a majority of their
17 equalized assessed valuation in any county except Cook, DuPage,
18 Kane, Lake, McHenry, or Will, if the amount of general State
19 aid allocated to the school district for the 1999-2000 school
20 year under the provisions of subsection (E), (H), and (J) of
21 this Section is less than the amount of general State aid
22 allocated to the district for the 1998-1999 school year under
23 these subsections, then the general State aid of the district
24 for the 1999-2000 school year only shall be increased by the
25 difference between these amounts. The total payments made under
26 this paragraph (5) shall not exceed $14,000,000. Claims shall

 

 

SB3241 - 27 - LRB096 20474 MJR 36129 b

1 be prorated if they exceed $14,000,000.
 
2 (H) Supplemental General State Aid.
3     (1) In addition to the general State aid a school district
4 is allotted pursuant to subsection (E), qualifying school
5 districts shall receive a grant, paid in conjunction with a
6 district's payments of general State aid, for supplemental
7 general State aid based upon the concentration level of
8 children from low-income households within the school
9 district. Supplemental State aid grants provided for school
10 districts under this subsection shall be appropriated for
11 distribution to school districts as part of the same line item
12 in which the general State financial aid of school districts is
13 appropriated under this Section. If the appropriation in any
14 fiscal year for general State aid and supplemental general
15 State aid is insufficient to pay the amounts required under the
16 general State aid and supplemental general State aid
17 calculations, then the State Board of Education shall ensure
18 that each school district receives the full amount due for
19 general State aid and the remainder of the appropriation shall
20 be used for supplemental general State aid, which the State
21 Board of Education shall calculate and pay to eligible
22 districts on a prorated basis.
23     (1.5) This paragraph (1.5) applies only to those school
24 years preceding the 2003-2004 school year. For purposes of this
25 subsection (H), the term "Low-Income Concentration Level"

 

 

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

 

 

SB3241 - 29 - LRB096 20474 MJR 36129 b

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

 

 

SB3241 - 30 - LRB096 20474 MJR 36129 b

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

 

 

SB3241 - 31 - LRB096 20474 MJR 36129 b

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

 

 

SB3241 - 32 - LRB096 20474 MJR 36129 b

1         (a) For any school district with a Low Income
2     Concentration Level of 15% or less, the grant for each
3     school year shall be $355 multiplied by the low income
4     eligible pupil count.
5         (b) For any school district with a Low Income
6     Concentration Level greater than 15%, the grant for each
7     school year shall be $294.25 added to the product of $2,700
8     and the square of the Low Income Concentration Level, all
9     multiplied by the low income eligible pupil count.
10     For the 2003-2004 school year and each school year
11 thereafter through the 2008-2009 school year only, the grant
12 shall be no less than the grant for the 2002-2003 school year.
13 For the 2009-2010 school year only, the grant shall be no less
14 than the grant for the 2002-2003 school year multiplied by
15 0.66. For the 2010-2011 school year only, the grant shall be no
16 less than the grant for the 2002-2003 school year multiplied by
17 0.33. Notwithstanding the provisions of this paragraph to the
18 contrary, if for any school year supplemental general State aid
19 grants are prorated as provided in paragraph (1) of this
20 subsection (H), then the grants under this paragraph shall be
21 prorated.
22     For the 2003-2004 school year only, the grant shall be no
23 greater than the grant received during the 2002-2003 school
24 year added to the product of 0.25 multiplied by the difference
25 between the grant amount calculated under subsection (a) or (b)
26 of this paragraph (2.10), whichever is applicable, and the

 

 

SB3241 - 33 - LRB096 20474 MJR 36129 b

1 grant received during the 2002-2003 school year. For the
2 2004-2005 school year only, the grant shall be no greater than
3 the grant received during the 2002-2003 school year added to
4 the product of 0.50 multiplied by the difference between the
5 grant amount calculated under subsection (a) or (b) of this
6 paragraph (2.10), whichever is applicable, and the grant
7 received during the 2002-2003 school year. For the 2005-2006
8 school year only, the grant shall be no greater than the grant
9 received during the 2002-2003 school year added to the product
10 of 0.75 multiplied by the difference between the grant amount
11 calculated under subsection (a) or (b) of this paragraph
12 (2.10), whichever is applicable, and the grant received during
13 the 2002-2003 school year.
14     (3) School districts with an Average Daily Attendance of
15 more than 1,000 and less than 50,000 that qualify for
16 supplemental general State aid pursuant to this subsection
17 shall submit a plan to the State Board of Education prior to
18 October 30 of each year for the use of the funds resulting from
19 this grant of supplemental general State aid for the
20 improvement of instruction in which priority is given to
21 meeting the education needs of disadvantaged children. Such
22 plan shall be submitted in accordance with rules and
23 regulations promulgated by the State Board of Education.
24     (4) School districts with an Average Daily Attendance of
25 50,000 or more that qualify for supplemental general State aid
26 pursuant to this subsection shall be required to distribute

 

 

SB3241 - 34 - LRB096 20474 MJR 36129 b

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

 

 

SB3241 - 35 - LRB096 20474 MJR 36129 b

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

 

 

SB3241 - 36 - LRB096 20474 MJR 36129 b

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

 

 

SB3241 - 37 - LRB096 20474 MJR 36129 b

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

 

 

SB3241 - 38 - LRB096 20474 MJR 36129 b

1 with supplemental general State aid under this Section for
2 which each school district is eligible shall be no less than
3 the amount of the aggregate general State aid entitlement that
4 was received by the district under Section 18-8 (exclusive of
5 amounts received under subsections 5(p) and 5(p-5) of that
6 Section) for the 1997-98 school year, pursuant to the
7 provisions of that Section as it was then in effect. If a
8 school district qualifies to receive a supplementary payment
9 made under this subsection (J), the amount of the aggregate
10 general State aid in combination with supplemental general
11 State aid under this Section which that district is eligible to
12 receive for each school year shall be no less than the amount
13 of the aggregate general State aid entitlement that was
14 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 1997-1998 school year, pursuant to the
17 provisions of that Section as it was then in effect.
18     (2) If, as provided in paragraph (1) of this subsection
19 (J), a school district is to receive aggregate general State
20 aid in combination with supplemental general State aid under
21 this Section for the 1998-99 school year and any subsequent
22 school year that in any such school year is less than the
23 amount of the aggregate general State aid entitlement that the
24 district received for the 1997-98 school year, the school
25 district shall also receive, from a separate appropriation made
26 for purposes of this subsection (J), a supplementary payment

 

 

SB3241 - 39 - LRB096 20474 MJR 36129 b

1 that is equal to the amount of the difference in the aggregate
2 State aid figures as described in paragraph (1).
3     (3) (Blank).
 
4 (K) Grants to Laboratory and Alternative Schools.
5     In calculating the amount to be paid to the governing board
6 of a public university that operates a laboratory school under
7 this Section or to any alternative school that is operated by a
8 regional superintendent of schools, the State Board of
9 Education shall require by rule such reporting requirements as
10 it deems necessary.
11     As used in this Section, "laboratory school" means a public
12 school which is created and operated by a public university and
13 approved by the State Board of Education. The governing board
14 of a public university which receives funds from the State
15 Board under this subsection (K) may not increase the number of
16 students enrolled in its laboratory school from a single
17 district, if that district is already sending 50 or more
18 students, except under a mutual agreement between the school
19 board of a student's district of residence and the university
20 which operates the laboratory school. A laboratory school may
21 not have more than 1,000 students, excluding students with
22 disabilities in a special education program.
23     As used in this Section, "alternative school" means a
24 public school which is created and operated by a Regional
25 Superintendent of Schools and approved by the State Board of

 

 

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1 Education. Such alternative schools may offer courses of
2 instruction for which credit is given in regular school
3 programs, courses to prepare students for the high school
4 equivalency testing program or vocational and occupational
5 training. A regional superintendent of schools may contract
6 with a school district or a public community college district
7 to operate an alternative school. An alternative school serving
8 more than one educational service region may be established by
9 the regional superintendents of schools of the affected
10 educational service regions. An alternative school serving
11 more than one educational service region may be operated under
12 such terms as the regional superintendents of schools of those
13 educational service regions may agree.
14     Each laboratory and alternative school shall file, on forms
15 provided by the State Superintendent of Education, an annual
16 State aid claim which states the Average Daily Attendance of
17 the school's students by month. The best 3 months' Average
18 Daily Attendance shall be computed for each school. The general
19 State aid entitlement shall be computed by multiplying the
20 applicable Average Daily Attendance by the Foundation Level as
21 determined under this Section.
 
22 (L) Payments, Additional Grants in Aid and Other Requirements.
23     (1) For a school district operating under the financial
24 supervision of an Authority created under Article 34A, the
25 general State aid otherwise payable to that district under this

 

 

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1 Section, but not the supplemental general State aid, shall be
2 reduced by an amount equal to the budget for the operations of
3 the Authority as certified by the Authority to the State Board
4 of Education, and an amount equal to such reduction shall be
5 paid to the Authority created for such district for its
6 operating expenses in the manner provided in Section 18-11. The
7 remainder of general State school aid for any such district
8 shall be paid in accordance with Article 34A when that Article
9 provides for a disposition other than that provided by this
10 Article.
11     (2) (Blank).
12     (3) Summer school. Summer school payments shall be made as
13 provided in Section 18-4.3.
 
14 (M) Education Funding Advisory Board.
15     The Education Funding Advisory Board, hereinafter in this
16 subsection (M) referred to as the "Board", is hereby created.
17 The Board shall consist of 5 members who are appointed by the
18 Governor, by and with the advice and consent of the Senate. The
19 members appointed shall include representatives of education,
20 business, and the general public. One of the members so
21 appointed shall be designated by the Governor at the time the
22 appointment is made as the chairperson of the Board. The
23 initial members of the Board may be appointed any time after
24 the effective date of this amendatory Act of 1997. The regular
25 term of each member of the Board shall be for 4 years from the

 

 

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

 

 

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1 to serve as members of the Board shall take office, on the date
2 that the Governor makes his or her appointment of the fifth
3 initial member of the Board, whether those initial members are
4 then serving pursuant to appointment and confirmation or
5 pursuant to temporary appointments that are made by the
6 Governor as in the case of vacancies.
7     The State Board of Education shall provide such staff
8 assistance to the Education Funding Advisory Board as is
9 reasonably required for the proper performance by the Board of
10 its responsibilities.
11     For school years after the 2000-2001 school year, the
12 Education Funding Advisory Board, in consultation with the
13 State Board of Education, shall make recommendations as
14 provided in this subsection (M) to the General Assembly for the
15 foundation level under subdivision (B)(3) of this Section and
16 for the supplemental general State aid grant level under
17 subsection (H) of this Section for districts with high
18 concentrations of children from poverty. The recommended
19 foundation level shall be determined based on a methodology
20 which incorporates the basic education expenditures of
21 low-spending schools exhibiting high academic performance. The
22 Education Funding Advisory Board shall make such
23 recommendations to the General Assembly on January 1 of odd
24 numbered years, beginning January 1, 2001.
 
25 (N) (Blank).
 

 

 

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1 (O) References.
2     (1) References in other laws to the various subdivisions of
3 Section 18-8 as that Section existed before its repeal and
4 replacement by this Section 18-8.05 shall be deemed to refer to
5 the corresponding provisions of this Section 18-8.05, to the
6 extent that those references remain applicable.
7     (2) References in other laws to State Chapter 1 funds shall
8 be deemed to refer to the supplemental general State aid
9 provided under subsection (H) of this Section.
 
10 (P) Public Act 93-838 and Public Act 93-808 make inconsistent
11 changes to this Section. Under Section 6 of the Statute on
12 Statutes there is an irreconcilable conflict between Public Act
13 93-808 and Public Act 93-838. Public Act 93-838, being the last
14 acted upon, is controlling. The text of Public Act 93-838 is
15 the law regardless of the text of Public Act 93-808.
16 (Source: P.A. 95-331, eff. 8-21-07; 95-644, eff. 10-12-07;
17 95-707, eff. 1-11-08; 95-744, eff. 7-18-08; 95-903, eff.
18 8-25-08; 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, eff.
19 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; revised
20 10-23-09.)
 
21     (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
22     Sec. 34-18. Powers of the board. The board shall exercise
23 general supervision and jurisdiction over the public education

 

 

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1 and the public school system of the city, and, except as
2 otherwise provided by this Article, shall have power:
3         1. To make suitable provision for the establishment and
4     maintenance throughout the year or for such portion thereof
5     as it may direct, but for not less than the minimum term
6     required by Section 10-19 of this Code in order to ensure
7     the minimum number of days of actual pupil attendance as
8     required by Section 10-19 9 months, of schools of all
9     grades and kinds, including normal schools, high schools,
10     night schools, schools for defectives and delinquents,
11     parental and truant schools, schools for the blind, the
12     deaf and the crippled, schools or classes in manual
13     training, constructural and vocational teaching, domestic
14     arts and physical culture, vocation and extension schools
15     and lecture courses, and all other educational courses and
16     facilities, including establishing, equipping, maintaining
17     and operating playgrounds and recreational programs, when
18     such programs are conducted in, adjacent to, or connected
19     with any public school under the general supervision and
20     jurisdiction of the board; provided that the calendar for
21     the school term and any changes must be submitted to and
22     approved by the State Board of Education before the
23     calendar or changes may take effect, and provided that in
24     allocating funds from year to year for the operation of all
25     attendance centers within the district, the board shall
26     ensure that supplemental general State aid funds are

 

 

SB3241 - 46 - LRB096 20474 MJR 36129 b

1     allocated and applied in accordance with Section 18-8 or
2     18-8.05. To admit to such schools without charge foreign
3     exchange students who are participants in an organized
4     exchange student program which is authorized by the board.
5     The board shall permit all students to enroll in
6     apprenticeship programs in trade schools operated by the
7     board, whether those programs are union-sponsored or not.
8     No student shall be refused admission into or be excluded
9     from any course of instruction offered in the common
10     schools by reason of that student's sex. No student shall
11     be denied equal access to physical education and
12     interscholastic athletic programs supported from school
13     district funds or denied participation in comparable
14     physical education and athletic programs solely by reason
15     of the student's sex. Equal access to programs supported
16     from school district funds and comparable programs will be
17     defined in rules promulgated by the State Board of
18     Education in consultation with the Illinois High School
19     Association. Notwithstanding any other provision of this
20     Article, neither the board of education nor any local
21     school council or other school official shall recommend
22     that children with disabilities be placed into regular
23     education classrooms unless those children with
24     disabilities are provided with supplementary services to
25     assist them so that they benefit from the regular classroom
26     instruction and are included on the teacher's regular

 

 

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1     education class register;
2         2. To furnish lunches to pupils, to make a reasonable
3     charge therefor, and to use school funds for the payment of
4     such expenses as the board may determine are necessary in
5     conducting the school lunch program;
6         3. To co-operate with the circuit court;
7         4. To make arrangements with the public or quasi-public
8     libraries and museums for the use of their facilities by
9     teachers and pupils of the public schools;
10         5. To employ dentists and prescribe their duties for
11     the purpose of treating the pupils in the schools, but
12     accepting such treatment shall be optional with parents or
13     guardians;
14         6. To grant the use of assembly halls and classrooms
15     when not otherwise needed, including light, heat, and
16     attendants, for free public lectures, concerts, and other
17     educational and social interests, free of charge, under
18     such provisions and control as the principal of the
19     affected attendance center may prescribe;
20         7. To apportion the pupils to the several schools;
21     provided that no pupil shall be excluded from or segregated
22     in any such school on account of his color, race, sex, or
23     nationality. The board shall take into consideration the
24     prevention of segregation and the elimination of
25     separation of children in public schools because of color,
26     race, sex, or nationality. Except that children may be

 

 

SB3241 - 48 - LRB096 20474 MJR 36129 b

1     committed to or attend parental and social adjustment
2     schools established and maintained either for boys or girls
3     only. All records pertaining to the creation, alteration or
4     revision of attendance areas shall be open to the public.
5     Nothing herein shall limit the board's authority to
6     establish multi-area attendance centers or other student
7     assignment systems for desegregation purposes or
8     otherwise, and to apportion the pupils to the several
9     schools. Furthermore, beginning in school year 1994-95,
10     pursuant to a board plan adopted by October 1, 1993, the
11     board shall offer, commencing on a phased-in basis, the
12     opportunity for families within the school district to
13     apply for enrollment of their children in any attendance
14     center within the school district which does not have
15     selective admission requirements approved by the board.
16     The appropriate geographical area in which such open
17     enrollment may be exercised shall be determined by the
18     board of education. Such children may be admitted to any
19     such attendance center on a space available basis after all
20     children residing within such attendance center's area
21     have been accommodated. If the number of applicants from
22     outside the attendance area exceed the space available,
23     then successful applicants shall be selected by lottery.
24     The board of education's open enrollment plan must include
25     provisions that allow low income students to have access to
26     transportation needed to exercise school choice. Open

 

 

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1     enrollment shall be in compliance with the provisions of
2     the Consent Decree and Desegregation Plan cited in Section
3     34-1.01;
4         8. To approve programs and policies for providing
5     transportation services to students. Nothing herein shall
6     be construed to permit or empower the State Board of
7     Education to order, mandate, or require busing or other
8     transportation of pupils for the purpose of achieving
9     racial balance in any school;
10         9. Subject to the limitations in this Article, to
11     establish and approve system-wide curriculum objectives
12     and standards, including graduation standards, which
13     reflect the multi-cultural diversity in the city and are
14     consistent with State law, provided that for all purposes
15     of this Article courses or proficiency in American Sign
16     Language shall be deemed to constitute courses or
17     proficiency in a foreign language; and to employ principals
18     and teachers, appointed as provided in this Article, and
19     fix their compensation. The board shall prepare such
20     reports related to minimal competency testing as may be
21     requested by the State Board of Education, and in addition
22     shall monitor and approve special education and bilingual
23     education programs and policies within the district to
24     assure that appropriate services are provided in
25     accordance with applicable State and federal laws to
26     children requiring services and education in those areas;

 

 

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1         10. To employ non-teaching personnel or utilize
2     volunteer personnel for: (i) non-teaching duties not
3     requiring instructional judgment or evaluation of pupils,
4     including library duties; and (ii) supervising study
5     halls, long distance teaching reception areas used
6     incident to instructional programs transmitted by
7     electronic media such as computers, video, and audio,
8     detention and discipline areas, and school-sponsored
9     extracurricular activities. The board may further utilize
10     volunteer non-certificated personnel or employ
11     non-certificated personnel to assist in the instruction of
12     pupils under the immediate supervision of a teacher holding
13     a valid certificate, directly engaged in teaching subject
14     matter or conducting activities; provided that the teacher
15     shall be continuously aware of the non-certificated
16     persons' activities and shall be able to control or modify
17     them. The general superintendent shall determine
18     qualifications of such personnel and shall prescribe rules
19     for determining the duties and activities to be assigned to
20     such personnel;
21         10.5. To utilize volunteer personnel from a regional
22     School Crisis Assistance Team (S.C.A.T.), created as part
23     of the Safe to Learn Program established pursuant to
24     Section 25 of the Illinois Violence Prevention Act of 1995,
25     to provide assistance to schools in times of violence or
26     other traumatic incidents within a school community by

 

 

SB3241 - 51 - LRB096 20474 MJR 36129 b

1     providing crisis intervention services to lessen the
2     effects of emotional trauma on individuals and the
3     community; the School Crisis Assistance Team Steering
4     Committee shall determine the qualifications for
5     volunteers;
6         11. To provide television studio facilities in not to
7     exceed one school building and to provide programs for
8     educational purposes, provided, however, that the board
9     shall not construct, acquire, operate, or maintain a
10     television transmitter; to grant the use of its studio
11     facilities to a licensed television station located in the
12     school district; and to maintain and operate not to exceed
13     one school radio transmitting station and provide programs
14     for educational purposes;
15         12. To offer, if deemed appropriate, outdoor education
16     courses, including field trips within the State of
17     Illinois, or adjacent states, and to use school educational
18     funds for the expense of the said outdoor educational
19     programs, whether within the school district or not;
20         13. During that period of the calendar year not
21     embraced within the regular school term, to provide and
22     conduct courses in subject matters normally embraced in the
23     program of the schools during the regular school term and
24     to give regular school credit for satisfactory completion
25     by the student of such courses as may be approved for
26     credit by the State Board of Education;

 

 

SB3241 - 52 - LRB096 20474 MJR 36129 b

1         14. To insure against any loss or liability of the
2     board, the former School Board Nominating Commission,
3     Local School Councils, the Chicago Schools Academic
4     Accountability Council, or the former Subdistrict Councils
5     or of any member, officer, agent or employee thereof,
6     resulting from alleged violations of civil rights arising
7     from incidents occurring on or after September 5, 1967 or
8     from the wrongful or negligent act or omission of any such
9     person whether occurring within or without the school
10     premises, provided the officer, agent or employee was, at
11     the time of the alleged violation of civil rights or
12     wrongful act or omission, acting within the scope of his
13     employment or under direction of the board, the former
14     School Board Nominating Commission, the Chicago Schools
15     Academic Accountability Council, Local School Councils, or
16     the former Subdistrict Councils; and to provide for or
17     participate in insurance plans for its officers and
18     employees, including but not limited to retirement
19     annuities, medical, surgical and hospitalization benefits
20     in such types and amounts as may be determined by the
21     board; provided, however, that the board shall contract for
22     such insurance only with an insurance company authorized to
23     do business in this State. Such insurance may include
24     provision for employees who rely on treatment by prayer or
25     spiritual means alone for healing, in accordance with the
26     tenets and practice of a recognized religious

 

 

SB3241 - 53 - LRB096 20474 MJR 36129 b

1     denomination;
2         15. To contract with the corporate authorities of any
3     municipality or the county board of any county, as the case
4     may be, to provide for the regulation of traffic in parking
5     areas of property used for school purposes, in such manner
6     as is provided by Section 11-209 of The Illinois Vehicle
7     Code, approved September 29, 1969, as amended;
8         16. (a) To provide, on an equal basis, access to a high
9     school campus and student directory information to the
10     official recruiting representatives of the armed forces of
11     Illinois and the United States for the purposes of
12     informing students of the educational and career
13     opportunities available in the military if the board has
14     provided such access to persons or groups whose purpose is
15     to acquaint students with educational or occupational
16     opportunities available to them. The board is not required
17     to give greater notice regarding the right of access to
18     recruiting representatives than is given to other persons
19     and groups. In this paragraph 16, "directory information"
20     means a high school student's name, address, and telephone
21     number.
22         (b) If a student or his or her parent or guardian
23     submits a signed, written request to the high school before
24     the end of the student's sophomore year (or if the student
25     is a transfer student, by another time set by the high
26     school) that indicates that the student or his or her

 

 

SB3241 - 54 - LRB096 20474 MJR 36129 b

1     parent or guardian does not want the student's directory
2     information to be provided to official recruiting
3     representatives under subsection (a) of this Section, the
4     high school may not provide access to the student's
5     directory information to these recruiting representatives.
6     The high school shall notify its students and their parents
7     or guardians of the provisions of this subsection (b).
8         (c) A high school may require official recruiting
9     representatives of the armed forces of Illinois and the
10     United States to pay a fee for copying and mailing a
11     student's directory information in an amount that is not
12     more than the actual costs incurred by the high school.
13         (d) Information received by an official recruiting
14     representative under this Section may be used only to
15     provide information to students concerning educational and
16     career opportunities available in the military and may not
17     be released to a person who is not involved in recruiting
18     students for the armed forces of Illinois or the United
19     States;
20         17. (a) To sell or market any computer program
21     developed by an employee of the school district, provided
22     that such employee developed the computer program as a
23     direct result of his or her duties with the school district
24     or through the utilization of the school district resources
25     or facilities. The employee who developed the computer
26     program shall be entitled to share in the proceeds of such

 

 

SB3241 - 55 - LRB096 20474 MJR 36129 b

1     sale or marketing of the computer program. The distribution
2     of such proceeds between the employee and the school
3     district shall be as agreed upon by the employee and the
4     school district, except that neither the employee nor the
5     school district may receive more than 90% of such proceeds.
6     The negotiation for an employee who is represented by an
7     exclusive bargaining representative may be conducted by
8     such bargaining representative at the employee's request.
9         (b) For the purpose of this paragraph 17:
10             (1) "Computer" means an internally programmed,
11         general purpose digital device capable of
12         automatically accepting data, processing data and
13         supplying the results of the operation.
14             (2) "Computer program" means a series of coded
15         instructions or statements in a form acceptable to a
16         computer, which causes the computer to process data in
17         order to achieve a certain result.
18             (3) "Proceeds" means profits derived from
19         marketing or sale of a product after deducting the
20         expenses of developing and marketing such product;
21         18. To delegate to the general superintendent of
22     schools, by resolution, the authority to approve contracts
23     and expenditures in amounts of $10,000 or less;
24         19. Upon the written request of an employee, to
25     withhold from the compensation of that employee any dues,
26     payments or contributions payable by such employee to any

 

 

SB3241 - 56 - LRB096 20474 MJR 36129 b

1     labor organization as defined in the Illinois Educational
2     Labor Relations Act. Under such arrangement, an amount
3     shall be withheld from each regular payroll period which is
4     equal to the pro rata share of the annual dues plus any
5     payments or contributions, and the board shall transmit
6     such withholdings to the specified labor organization
7     within 10 working days from the time of the withholding;
8         19a. Upon receipt of notice from the comptroller of a
9     municipality with a population of 500,000 or more, a county
10     with a population of 3,000,000 or more, the Cook County
11     Forest Preserve District, the Chicago Park District, the
12     Metropolitan Water Reclamation District, the Chicago
13     Transit Authority, or a housing authority of a municipality
14     with a population of 500,000 or more that a debt is due and
15     owing the municipality, the county, the Cook County Forest
16     Preserve District, the Chicago Park District, the
17     Metropolitan Water Reclamation District, the Chicago
18     Transit Authority, or the housing authority by an employee
19     of the Chicago Board of Education, to withhold, from the
20     compensation of that employee, the amount of the debt that
21     is due and owing and pay the amount withheld to the
22     municipality, the county, the Cook County Forest Preserve
23     District, the Chicago Park District, the Metropolitan
24     Water Reclamation District, the Chicago Transit Authority,
25     or the housing authority; provided, however, that the
26     amount deducted from any one salary or wage payment shall

 

 

SB3241 - 57 - LRB096 20474 MJR 36129 b

1     not exceed 25% of the net amount of the payment. Before the
2     Board deducts any amount from any salary or wage of an
3     employee under this paragraph, the municipality, the
4     county, the Cook County Forest Preserve District, the
5     Chicago Park District, the Metropolitan Water Reclamation
6     District, the Chicago Transit Authority, or the housing
7     authority shall certify that (i) the employee has been
8     afforded an opportunity for a hearing to dispute the debt
9     that is due and owing the municipality, the county, the
10     Cook County Forest Preserve District, the Chicago Park
11     District, the Metropolitan Water Reclamation District, the
12     Chicago Transit Authority, or the housing authority and
13     (ii) the employee has received notice of a wage deduction
14     order and has been afforded an opportunity for a hearing to
15     object to the order. For purposes of this paragraph, "net
16     amount" means that part of the salary or wage payment
17     remaining after the deduction of any amounts required by
18     law to be deducted and "debt due and owing" means (i) a
19     specified sum of money owed to the municipality, the
20     county, the Cook County Forest Preserve District, the
21     Chicago Park District, the Metropolitan Water Reclamation
22     District, the Chicago Transit Authority, or the housing
23     authority for services, work, or goods, after the period
24     granted for payment has expired, or (ii) a specified sum of
25     money owed to the municipality, the county, the Cook County
26     Forest Preserve District, the Chicago Park District, the

 

 

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1     Metropolitan Water Reclamation District, the Chicago
2     Transit Authority, or the housing authority pursuant to a
3     court order or order of an administrative hearing officer
4     after the exhaustion of, or the failure to exhaust,
5     judicial review;
6         20. The board is encouraged to employ a sufficient
7     number of certified school counselors to maintain a
8     student/counselor ratio of 250 to 1 by July 1, 1990. Each
9     counselor shall spend at least 75% of his work time in
10     direct contact with students and shall maintain a record of
11     such time;
12         21. To make available to students vocational and career
13     counseling and to establish 5 special career counseling
14     days for students and parents. On these days
15     representatives of local businesses and industries shall
16     be invited to the school campus and shall inform students
17     of career opportunities available to them in the various
18     businesses and industries. Special consideration shall be
19     given to counseling minority students as to career
20     opportunities available to them in various fields. For the
21     purposes of this paragraph, minority student means a person
22     who is:
23             (a) Black (a person having origins in any of the
24         black racial groups in Africa);
25             (b) Hispanic (a person of Spanish or Portuguese
26         culture with origins in Mexico, South or Central

 

 

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1         America, or the Caribbean islands, regardless of
2         race);
3             (c) Asian American (a person having origins in any
4         of the original peoples of the Far East, Southeast
5         Asia, the Indian Subcontinent or the Pacific Islands);
6         or
7             (d) American Indian or Alaskan Native (a person
8         having origins in any of the original peoples of North
9         America).
10         Counseling days shall not be in lieu of regular school
11     days;
12         22. To report to the State Board of Education the
13     annual student dropout rate and number of students who
14     graduate from, transfer from or otherwise leave bilingual
15     programs;
16         23. Except as otherwise provided in the Abused and
17     Neglected Child Reporting Act or other applicable State or
18     federal law, to permit school officials to withhold, from
19     any person, information on the whereabouts of any child
20     removed from school premises when the child has been taken
21     into protective custody as a victim of suspected child
22     abuse. School officials shall direct such person to the
23     Department of Children and Family Services, or to the local
24     law enforcement agency if appropriate;
25         24. To develop a policy, based on the current state of
26     existing school facilities, projected enrollment and

 

 

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1     efficient utilization of available resources, for capital
2     improvement of schools and school buildings within the
3     district, addressing in that policy both the relative
4     priority for major repairs, renovations and additions to
5     school facilities, and the advisability or necessity of
6     building new school facilities or closing existing schools
7     to meet current or projected demographic patterns within
8     the district;
9         25. To make available to the students in every high
10     school attendance center the ability to take all courses
11     necessary to comply with the Board of Higher Education's
12     college entrance criteria effective in 1993;
13         26. To encourage mid-career changes into the teaching
14     profession, whereby qualified professionals become
15     certified teachers, by allowing credit for professional
16     employment in related fields when determining point of
17     entry on teacher pay scale;
18         27. To provide or contract out training programs for
19     administrative personnel and principals with revised or
20     expanded duties pursuant to this Act in order to assure
21     they have the knowledge and skills to perform their duties;
22         28. To establish a fund for the prioritized special
23     needs programs, and to allocate such funds and other lump
24     sum amounts to each attendance center in a manner
25     consistent with the provisions of part 4 of Section 34-2.3.
26     Nothing in this paragraph shall be construed to require any

 

 

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1     additional appropriations of State funds for this purpose;
2         29. (Blank);
3         30. Notwithstanding any other provision of this Act or
4     any other law to the contrary, to contract with third
5     parties for services otherwise performed by employees,
6     including those in a bargaining unit, and to layoff those
7     employees upon 14 days written notice to the affected
8     employees. Those contracts may be for a period not to
9     exceed 5 years and may be awarded on a system-wide basis.
10     The board may not operate more than 30 contract schools,
11     provided that the board may operate an additional 5
12     contract turnaround schools pursuant to item (5.5) of
13     subsection (d) of Section 34-8.3 of this Code;
14         31. To promulgate rules establishing procedures
15     governing the layoff or reduction in force of employees and
16     the recall of such employees, including, but not limited
17     to, criteria for such layoffs, reductions in force or
18     recall rights of such employees and the weight to be given
19     to any particular criterion. Such criteria shall take into
20     account factors including, but not be limited to,
21     qualifications, certifications, experience, performance
22     ratings or evaluations, and any other factors relating to
23     an employee's job performance;
24         32. To develop a policy to prevent nepotism in the
25     hiring of personnel or the selection of contractors;
26         33. To enter into a partnership agreement, as required

 

 

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1     by Section 34-3.5 of this Code, and, notwithstanding any
2     other provision of law to the contrary, to promulgate
3     policies, enter into contracts, and take any other action
4     necessary to accomplish the objectives and implement the
5     requirements of that agreement; and
6         34. To establish a Labor Management Council to the
7     board comprised of representatives of the board, the chief
8     executive officer, and those labor organizations that are
9     the exclusive representatives of employees of the board and
10     to promulgate policies and procedures for the operation of
11     the Council.
12     The specifications of the powers herein granted are not to
13 be construed as exclusive but the board shall also exercise all
14 other powers that they may be requisite or proper for the
15 maintenance and the development of a public school system, not
16 inconsistent with the other provisions of this Article or
17 provisions of this Code which apply to all school districts.
18     In addition to the powers herein granted and authorized to
19 be exercised by the board, it shall be the duty of the board to
20 review or to direct independent reviews of special education
21 expenditures and services. The board shall file a report of
22 such review with the General Assembly on or before May 1, 1990.
23 (Source: P.A. 96-105, eff. 7-30-09.)
 
24     Section 99. Effective date. This Act takes effect on July
25 1, 2010.