Illinois General Assembly - Full Text of HB0258
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Full Text of HB0258  102nd General Assembly

HB0258 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0258

 

Introduced 1/29/2021, by Rep. Kambium Buckner

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/18-8.15

    Amends the evidence-based funding provisions of the School Code. Provides that funds received by the Chicago school district for low-income, English learner, and special education resources must be distributed to every school of the district in the appropriate amount specified under the Essential Elements component of the funding formula. Effective July 1, 2021.


LRB102 02586 CMG 12589 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0258LRB102 02586 CMG 12589 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
518-8.15 as follows:
 
6    (105 ILCS 5/18-8.15)
7    Sec. 18-8.15. Evidence-Based Funding for student success
8for the 2017-2018 and subsequent school years.
9    (a) General provisions.
10        (1) The purpose of this Section is to ensure that, by
11    June 30, 2027 and beyond, this State has a kindergarten
12    through grade 12 public education system with the capacity
13    to ensure the educational development of all persons to
14    the limits of their capacities in accordance with Section
15    1 of Article X of the Constitution of the State of
16    Illinois. To accomplish that objective, this Section
17    creates a method of funding public education that is
18    evidence-based; is sufficient to ensure every student
19    receives a meaningful opportunity to learn irrespective of
20    race, ethnicity, sexual orientation, gender, or
21    community-income level; and is sustainable and
22    predictable. When fully funded under this Section, every
23    school shall have the resources, based on what the

 

 

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1    evidence indicates is needed, to:
2            (A) provide all students with a high quality
3        education that offers the academic, enrichment, social
4        and emotional support, technical, and career-focused
5        programs that will allow them to become competitive
6        workers, responsible parents, productive citizens of
7        this State, and active members of our national
8        democracy;
9            (B) ensure all students receive the education they
10        need to graduate from high school with the skills
11        required to pursue post-secondary education and
12        training for a rewarding career;
13            (C) reduce, with a goal of eliminating, the
14        achievement gap between at-risk and non-at-risk
15        students by raising the performance of at-risk
16        students and not by reducing standards; and
17            (D) ensure this State satisfies its obligation to
18        assume the primary responsibility to fund public
19        education and simultaneously relieve the
20        disproportionate burden placed on local property taxes
21        to fund schools.
22        (2) The Evidence-Based Funding formula under this
23    Section shall be applied to all Organizational Units in
24    this State. The Evidence-Based Funding formula outlined in
25    this Act is based on the formula outlined in Senate Bill 1
26    of the 100th General Assembly, as passed by both

 

 

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1    legislative chambers. As further defined and described in
2    this Section, there are 4 major components of the
3    Evidence-Based Funding model:
4            (A) First, the model calculates a unique Adequacy
5        Target for each Organizational Unit in this State that
6        considers the costs to implement research-based
7        activities, the unit's student demographics, and
8        regional wage differences.
9            (B) Second, the model calculates each
10        Organizational Unit's Local Capacity, or the amount
11        each Organizational Unit is assumed to contribute
12        toward its Adequacy Target from local resources.
13            (C) Third, the model calculates how much funding
14        the State currently contributes to the Organizational
15        Unit and adds that to the unit's Local Capacity to
16        determine the unit's overall current adequacy of
17        funding.
18            (D) Finally, the model's distribution method
19        allocates new State funding to those Organizational
20        Units that are least well-funded, considering both
21        Local Capacity and State funding, in relation to their
22        Adequacy Target.
23        (3) An Organizational Unit receiving any funding under
24    this Section may apply those funds to any fund so received
25    for which that Organizational Unit is authorized to make
26    expenditures by law.

 

 

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1        (4) As used in this Section, the following terms shall
2    have the meanings ascribed in this paragraph (4):
3        "Adequacy Target" is defined in paragraph (1) of
4    subsection (b) of this Section.
5        "Adjusted EAV" is defined in paragraph (4) of
6    subsection (d) of this Section.
7        "Adjusted Local Capacity Target" is defined in
8    paragraph (3) of subsection (c) of this Section.
9        "Adjusted Operating Tax Rate" means a tax rate for all
10    Organizational Units, for which the State Superintendent
11    shall calculate and subtract for the Operating Tax Rate a
12    transportation rate based on total expenses for
13    transportation services under this Code, as reported on
14    the most recent Annual Financial Report in Pupil
15    Transportation Services, function 2550 in both the
16    Education and Transportation funds and functions 4110 and
17    4120 in the Transportation fund, less any corresponding
18    fiscal year State of Illinois scheduled payments excluding
19    net adjustments for prior years for regular, vocational,
20    or special education transportation reimbursement pursuant
21    to Section 29-5 or subsection (b) of Section 14-13.01 of
22    this Code divided by the Adjusted EAV. If an
23    Organizational Unit's corresponding fiscal year State of
24    Illinois scheduled payments excluding net adjustments for
25    prior years for regular, vocational, or special education
26    transportation reimbursement pursuant to Section 29-5 or

 

 

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1    subsection (b) of Section 14-13.01 of this Code exceed the
2    total transportation expenses, as defined in this
3    paragraph, no transportation rate shall be subtracted from
4    the Operating Tax Rate.
5        "Allocation Rate" is defined in paragraph (3) of
6    subsection (g) of this Section.
7        "Alternative School" means a public school that is
8    created and operated by a regional superintendent of
9    schools and approved by the State Board.
10        "Applicable Tax Rate" is defined in paragraph (1) of
11    subsection (d) of this Section.
12        "Assessment" means any of those benchmark, progress
13    monitoring, formative, diagnostic, and other assessments,
14    in addition to the State accountability assessment, that
15    assist teachers' needs in understanding the skills and
16    meeting the needs of the students they serve.
17        "Assistant principal" means a school administrator
18    duly endorsed to be employed as an assistant principal in
19    this State.
20        "At-risk student" means a student who is at risk of
21    not meeting the Illinois Learning Standards or not
22    graduating from elementary or high school and who
23    demonstrates a need for vocational support or social
24    services beyond that provided by the regular school
25    program. All students included in an Organizational Unit's
26    Low-Income Count, as well as all English learner and

 

 

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1    disabled students attending the Organizational Unit, shall
2    be considered at-risk students under this Section.
3        "Average Student Enrollment" or "ASE" for fiscal year
4    2018 means, for an Organizational Unit, the greater of the
5    average number of students (grades K through 12) reported
6    to the State Board as enrolled in the Organizational Unit
7    on October 1 in the immediately preceding school year,
8    plus the pre-kindergarten students who receive special
9    education services of 2 or more hours a day as reported to
10    the State Board on December 1 in the immediately preceding
11    school year, or the average number of students (grades K
12    through 12) reported to the State Board as enrolled in the
13    Organizational Unit on October 1, plus the
14    pre-kindergarten students who receive special education
15    services of 2 or more hours a day as reported to the State
16    Board on December 1, for each of the immediately preceding
17    3 school years. For fiscal year 2019 and each subsequent
18    fiscal year, "Average Student Enrollment" or "ASE" means,
19    for an Organizational Unit, the greater of the average
20    number of students (grades K through 12) reported to the
21    State Board as enrolled in the Organizational Unit on
22    October 1 and March 1 in the immediately preceding school
23    year, plus the pre-kindergarten students who receive
24    special education services as reported to the State Board
25    on October 1 and March 1 in the immediately preceding
26    school year, or the average number of students (grades K

 

 

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1    through 12) reported to the State Board as enrolled in the
2    Organizational Unit on October 1 and March 1, plus the
3    pre-kindergarten students who receive special education
4    services as reported to the State Board on October 1 and
5    March 1, for each of the immediately preceding 3 school
6    years. For the purposes of this definition, "enrolled in
7    the Organizational Unit" means the number of students
8    reported to the State Board who are enrolled in schools
9    within the Organizational Unit that the student attends or
10    would attend if not placed or transferred to another
11    school or program to receive needed services. For the
12    purposes of calculating "ASE", all students, grades K
13    through 12, excluding those attending kindergarten for a
14    half day and students attending an alternative education
15    program operated by a regional office of education or
16    intermediate service center, shall be counted as 1.0. All
17    students attending kindergarten for a half day shall be
18    counted as 0.5, unless in 2017 by June 15 or by March 1 in
19    subsequent years, the school district reports to the State
20    Board of Education the intent to implement full-day
21    kindergarten district-wide for all students, then all
22    students attending kindergarten shall be counted as 1.0.
23    Special education pre-kindergarten students shall be
24    counted as 0.5 each. If the State Board does not collect or
25    has not collected both an October 1 and March 1 enrollment
26    count by grade or a December 1 collection of special

 

 

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1    education pre-kindergarten students as of August 31, 2017
2    (the effective date of Public Act 100-465), it shall
3    establish such collection for all future years. For any
4    year in which a count by grade level was collected only
5    once, that count shall be used as the single count
6    available for computing a 3-year average ASE. Funding for
7    programs operated by a regional office of education or an
8    intermediate service center must be calculated using the
9    Evidence-Based Funding formula under this Section for the
10    2019-2020 school year and each subsequent school year
11    until separate adequacy formulas are developed and adopted
12    for each type of program. ASE for a program operated by a
13    regional office of education or an intermediate service
14    center must be determined by the March 1 enrollment for
15    the program. For the 2019-2020 school year, the ASE used
16    in the calculation must be the first-year ASE and, in that
17    year only, the assignment of students served by a regional
18    office of education or intermediate service center shall
19    not result in a reduction of the March enrollment for any
20    school district. For the 2020-2021 school year, the ASE
21    must be the greater of the current-year ASE or the 2-year
22    average ASE. Beginning with the 2021-2022 school year, the
23    ASE must be the greater of the current-year ASE or the
24    3-year average ASE. School districts shall submit the data
25    for the ASE calculation to the State Board within 45 days
26    of the dates required in this Section for submission of

 

 

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1    enrollment data in order for it to be included in the ASE
2    calculation. For fiscal year 2018 only, the ASE
3    calculation shall include only enrollment taken on October
4    1.
5        "Base Funding Guarantee" is defined in paragraph (10)
6    of subsection (g) of this Section.
7        "Base Funding Minimum" is defined in subsection (e) of
8    this Section.
9        "Base Tax Year" means the property tax levy year used
10    to calculate the Budget Year allocation of primary State
11    aid.
12        "Base Tax Year's Extension" means the product of the
13    equalized assessed valuation utilized by the county clerk
14    in the Base Tax Year multiplied by the limiting rate as
15    calculated by the county clerk and defined in PTELL.
16        "Bilingual Education Allocation" means the amount of
17    an Organizational Unit's final Adequacy Target
18    attributable to bilingual education divided by the
19    Organizational Unit's final Adequacy Target, the product
20    of which shall be multiplied by the amount of new funding
21    received pursuant to this Section. An Organizational
22    Unit's final Adequacy Target attributable to bilingual
23    education shall include all additional investments in
24    English learner students' adequacy elements.
25        "Budget Year" means the school year for which primary
26    State aid is calculated and awarded under this Section.

 

 

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1        "Central office" means individual administrators and
2    support service personnel charged with managing the
3    instructional programs, business and operations, and
4    security of the Organizational Unit.
5        "Comparable Wage Index" or "CWI" means a regional cost
6    differentiation metric that measures systemic, regional
7    variations in the salaries of college graduates who are
8    not educators. The CWI utilized for this Section shall,
9    for the first 3 years of Evidence-Based Funding
10    implementation, be the CWI initially developed by the
11    National Center for Education Statistics, as most recently
12    updated by Texas A & M University. In the fourth and
13    subsequent years of Evidence-Based Funding implementation,
14    the State Superintendent shall re-determine the CWI using
15    a similar methodology to that identified in the Texas A & M
16    University study, with adjustments made no less frequently
17    than once every 5 years.
18        "Computer technology and equipment" means computers
19    servers, notebooks, network equipment, copiers, printers,
20    instructional software, security software, curriculum
21    management courseware, and other similar materials and
22    equipment.
23        "Computer technology and equipment investment
24    allocation" means the final Adequacy Target amount of an
25    Organizational Unit assigned to Tier 1 or Tier 2 in the
26    prior school year attributable to the additional $285.50

 

 

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1    per student computer technology and equipment investment
2    grant divided by the Organizational Unit's final Adequacy
3    Target, the result of which shall be multiplied by the
4    amount of new funding received pursuant to this Section.
5    An Organizational Unit assigned to a Tier 1 or Tier 2 final
6    Adequacy Target attributable to the received computer
7    technology and equipment investment grant shall include
8    all additional investments in computer technology and
9    equipment adequacy elements.
10        "Core subject" means mathematics; science; reading,
11    English, writing, and language arts; history and social
12    studies; world languages; and subjects taught as Advanced
13    Placement in high schools.
14        "Core teacher" means a regular classroom teacher in
15    elementary schools and teachers of a core subject in
16    middle and high schools.
17        "Core Intervention teacher (tutor)" means a licensed
18    teacher providing one-on-one or small group tutoring to
19    students struggling to meet proficiency in core subjects.
20        "CPPRT" means corporate personal property replacement
21    tax funds paid to an Organizational Unit during the
22    calendar year one year before the calendar year in which a
23    school year begins, pursuant to "An Act in relation to the
24    abolition of ad valorem personal property tax and the
25    replacement of revenues lost thereby, and amending and
26    repealing certain Acts and parts of Acts in connection

 

 

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1    therewith", certified August 14, 1979, as amended (Public
2    Act 81-1st S.S.-1).
3        "EAV" means equalized assessed valuation as defined in
4    paragraph (2) of subsection (d) of this Section and
5    calculated in accordance with paragraph (3) of subsection
6    (d) of this Section.
7        "ECI" means the Bureau of Labor Statistics' national
8    employment cost index for civilian workers in educational
9    services in elementary and secondary schools on a
10    cumulative basis for the 12-month calendar year preceding
11    the fiscal year of the Evidence-Based Funding calculation.
12        "EIS Data" means the employment information system
13    data maintained by the State Board on educators within
14    Organizational Units.
15        "Employee benefits" means health, dental, and vision
16    insurance offered to employees of an Organizational Unit,
17    the costs associated with the statutorily required payment
18    of the normal cost of the Organizational Unit's teacher
19    pensions, Social Security employer contributions, and
20    Illinois Municipal Retirement Fund employer contributions.
21        "English learner" or "EL" means a child included in
22    the definition of "English learners" under Section 14C-2
23    of this Code participating in a program of transitional
24    bilingual education or a transitional program of
25    instruction meeting the requirements and program
26    application procedures of Article 14C of this Code. For

 

 

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1    the purposes of collecting the number of EL students
2    enrolled, the same collection and calculation methodology
3    as defined above for "ASE" shall apply to English
4    learners, with the exception that EL student enrollment
5    shall include students in grades pre-kindergarten through
6    12.
7        "Essential Elements" means those elements, resources,
8    and educational programs that have been identified through
9    academic research as necessary to improve student success,
10    improve academic performance, close achievement gaps, and
11    provide for other per student costs related to the
12    delivery and leadership of the Organizational Unit, as
13    well as the maintenance and operations of the unit, and
14    which are specified in paragraph (2) of subsection (b) of
15    this Section.
16        "Evidence-Based Funding" means State funding provided
17    to an Organizational Unit pursuant to this Section.
18        "Extended day" means academic and enrichment programs
19    provided to students outside the regular school day before
20    and after school or during non-instructional times during
21    the school day.
22        "Extension Limitation Ratio" means a numerical ratio
23    in which the numerator is the Base Tax Year's Extension
24    and the denominator is the Preceding Tax Year's Extension.
25        "Final Percent of Adequacy" is defined in paragraph
26    (4) of subsection (f) of this Section.

 

 

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1        "Final Resources" is defined in paragraph (3) of
2    subsection (f) of this Section.
3        "Full-time equivalent" or "FTE" means the full-time
4    equivalency compensation for staffing the relevant
5    position at an Organizational Unit.
6        "Funding Gap" is defined in paragraph (1) of
7    subsection (g).
8        "Guidance counselor" means a licensed guidance
9    counselor who provides guidance and counseling support for
10    students within an Organizational Unit.
11        "Hybrid District" means a partial elementary unit
12    district created pursuant to Article 11E of this Code.
13        "Instructional assistant" means a core or special
14    education, non-licensed employee who assists a teacher in
15    the classroom and provides academic support to students.
16        "Instructional facilitator" means a qualified teacher
17    or licensed teacher leader who facilitates and coaches
18    continuous improvement in classroom instruction; provides
19    instructional support to teachers in the elements of
20    research-based instruction or demonstrates the alignment
21    of instruction with curriculum standards and assessment
22    tools; develops or coordinates instructional programs or
23    strategies; develops and implements training; chooses
24    standards-based instructional materials; provides
25    teachers with an understanding of current research; serves
26    as a mentor, site coach, curriculum specialist, or lead

 

 

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1    teacher; or otherwise works with fellow teachers, in
2    collaboration, to use data to improve instructional
3    practice or develop model lessons.
4        "Instructional materials" means relevant
5    instructional materials for student instruction,
6    including, but not limited to, textbooks, consumable
7    workbooks, laboratory equipment, library books, and other
8    similar materials.
9        "Laboratory School" means a public school that is
10    created and operated by a public university and approved
11    by the State Board.
12        "Librarian" means a teacher with an endorsement as a
13    library information specialist or another individual whose
14    primary responsibility is overseeing library resources
15    within an Organizational Unit.
16        "Limiting rate for Hybrid Districts" means the
17    combined elementary school and high school limiting rates.
18        "Local Capacity" is defined in paragraph (1) of
19    subsection (c) of this Section.
20        "Local Capacity Percentage" is defined in subparagraph
21    (A) of paragraph (2) of subsection (c) of this Section.
22        "Local Capacity Ratio" is defined in subparagraph (B)
23    of paragraph (2) of subsection (c) of this Section.
24        "Local Capacity Target" is defined in paragraph (2) of
25    subsection (c) of this Section.
26        "Low-Income Count" means, for an Organizational Unit

 

 

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1    in a fiscal year, the higher of the average number of
2    students for the prior school year or the immediately
3    preceding 3 school years who, as of July 1 of the
4    immediately preceding fiscal year (as determined by the
5    Department of Human Services), are eligible for at least
6    one of the following low-income programs: Medicaid, the
7    Children's Health Insurance Program, Temporary Assistance
8    for Needy Families (TANF), or the Supplemental Nutrition
9    Assistance Program, excluding pupils who are eligible for
10    services provided by the Department of Children and Family
11    Services. Until such time that grade level low-income
12    populations become available, grade level low-income
13    populations shall be determined by applying the low-income
14    percentage to total student enrollments by grade level.
15    The low-income percentage is determined by dividing the
16    Low-Income Count by the Average Student Enrollment. The
17    low-income percentage for programs operated by a regional
18    office of education or an intermediate service center must
19    be set to the weighted average of the low-income
20    percentages of all of the school districts in the service
21    region. The weighted low-income percentage is the result
22    of multiplying the low-income percentage of each school
23    district served by the regional office of education or
24    intermediate service center by each school district's
25    Average Student Enrollment, summarizing those products and
26    dividing the total by the total Average Student Enrollment

 

 

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1    for the service region.
2        "Maintenance and operations" means custodial services,
3    facility and ground maintenance, facility operations,
4    facility security, routine facility repairs, and other
5    similar services and functions.
6        "Minimum Funding Level" is defined in paragraph (9) of
7    subsection (g) of this Section.
8        "New Property Tax Relief Pool Funds" means, for any
9    given fiscal year, all State funds appropriated under
10    Section 2-3.170 of this the School Code.
11        "New State Funds" means, for a given school year, all
12    State funds appropriated for Evidence-Based Funding in
13    excess of the amount needed to fund the Base Funding
14    Minimum for all Organizational Units in that school year.
15        "Net State Contribution Target" means, for a given
16    school year, the amount of State funds that would be
17    necessary to fully meet the Adequacy Target of an
18    Operational Unit minus the Preliminary Resources available
19    to each unit.
20        "Nurse" means an individual licensed as a certified
21    school nurse, in accordance with the rules established for
22    nursing services by the State Board, who is an employee of
23    and is available to provide health care-related services
24    for students of an Organizational Unit.
25        "Operating Tax Rate" means the rate utilized in the
26    previous year to extend property taxes for all purposes,

 

 

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1    except Bond and Interest, Summer School, Rent, Capital
2    Improvement, and Vocational Education Building purposes.
3    For Hybrid Districts, the Operating Tax Rate shall be the
4    combined elementary and high school rates utilized in the
5    previous year to extend property taxes for all purposes,
6    except Bond and Interest, Summer School, Rent, Capital
7    Improvement, and Vocational Education Building purposes.
8        "Organizational Unit" means a Laboratory School or any
9    public school district that is recognized as such by the
10    State Board and that contains elementary schools typically
11    serving kindergarten through 5th grades, middle schools
12    typically serving 6th through 8th grades, high schools
13    typically serving 9th through 12th grades, a program
14    established under Section 2-3.66 or 2-3.41, or a program
15    operated by a regional office of education or an
16    intermediate service center under Article 13A or 13B. The
17    General Assembly acknowledges that the actual grade levels
18    served by a particular Organizational Unit may vary
19    slightly from what is typical.
20        "Organizational Unit CWI" is determined by calculating
21    the CWI in the region and original county in which an
22    Organizational Unit's primary administrative office is
23    located as set forth in this paragraph, provided that if
24    the Organizational Unit CWI as calculated in accordance
25    with this paragraph is less than 0.9, the Organizational
26    Unit CWI shall be increased to 0.9. Each county's current

 

 

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

 

 

HB0258- 20 -LRB102 02586 CMG 12589 b

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

 

 

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

 

 

HB0258- 22 -LRB102 02586 CMG 12589 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB0258- 28 -LRB102 02586 CMG 12589 b

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

 

 

HB0258- 29 -LRB102 02586 CMG 12589 b

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

 

 

HB0258- 30 -LRB102 02586 CMG 12589 b

1        The State Board may establish additional requirements
2        for Organizational Unit expenditures of funds received
3        pursuant to this subparagraph (Q), including a
4        requirement that funds received pursuant to this
5        subparagraph (Q) may be used only for serving the
6        technology needs of the district. It is the intent of
7        Public Act 100-465 that all Tier 1 and Tier 2 districts
8        receive the addition to their Adequacy Target in the
9        following year, subject to compliance with the
10            requirements of the State Board.
11        (R) Student activities investments. Each
12        Organizational Unit shall receive the following
13        funding amounts to cover student activities: $100 per
14        kindergarten through grade 5 ASE student in elementary
15        school, plus $200 per ASE student in middle school,
16        plus $675 per ASE student in high school.
17            (S) Maintenance and operations investments. Each
18        Organizational Unit shall receive $1,038 per student
19        of the combined ASE of pre-kindergarten children with
20        disabilities and all kindergarten through grade 12
21        students for day-to-day maintenance and operations
22        expenditures, including salary, supplies, and
23        materials, as well as purchased services, but
24        excluding employee benefits. The proportion of salary
25        for the application of a Regionalization Factor and
26        the calculation of benefits is equal to $352.92.

 

 

HB0258- 31 -LRB102 02586 CMG 12589 b

1            (T) Central office investments. Each
2        Organizational Unit shall receive $742 per student of
3        the combined ASE of pre-kindergarten children with
4        disabilities and all kindergarten through grade 12
5        students to cover central office operations, including
6        administrators and classified personnel charged with
7        managing the instructional programs, business and
8        operations of the school district, and security
9        personnel. The proportion of salary for the
10        application of a Regionalization Factor and the
11        calculation of benefits is equal to $368.48.
12            (U) Employee benefit investments. Each
13        Organizational Unit shall receive 30% of the total of
14        all salary-calculated elements of the Adequacy Target,
15        excluding substitute teachers and student activities
16        investments, to cover benefit costs. For central
17        office and maintenance and operations investments, the
18        benefit calculation shall be based upon the salary
19        proportion of each investment. If at any time the
20        responsibility for funding the employer normal cost of
21        teacher pensions is assigned to school districts, then
22        that amount certified by the Teachers' Retirement
23        System of the State of Illinois to be paid by the
24        Organizational Unit for the preceding school year
25        shall be added to the benefit investment. For any
26        fiscal year in which a school district organized under

 

 

HB0258- 32 -LRB102 02586 CMG 12589 b

1        Article 34 of this Code is responsible for paying the
2        employer normal cost of teacher pensions, then that
3        amount of its employer normal cost plus the amount for
4        retiree health insurance as certified by the Public
5        School Teachers' Pension and Retirement Fund of
6        Chicago to be paid by the school district for the
7        preceding school year that is statutorily required to
8        cover employer normal costs and the amount for retiree
9        health insurance shall be added to the 30% specified
10        in this subparagraph (U). The Teachers' Retirement
11        System of the State of Illinois and the Public School
12        Teachers' Pension and Retirement Fund of Chicago shall
13        submit such information as the State Superintendent
14        may require for the calculations set forth in this
15        subparagraph (U).
16            (V) Additional investments in low-income students.
17        In addition to and not in lieu of all other funding
18        under this paragraph (2), each Organizational Unit
19        shall receive funding based on the average teacher
20        salary for grades K through 12 to cover the costs of:
21                (i) one FTE intervention teacher (tutor)
22            position for every 125 Low-Income Count students;
23                (ii) one FTE pupil support staff position for
24            every 125 Low-Income Count students;
25                (iii) one FTE extended day teacher position
26            for every 120 Low-Income Count students; and

 

 

HB0258- 33 -LRB102 02586 CMG 12589 b

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

 

 

HB0258- 34 -LRB102 02586 CMG 12589 b

1                (ii) one FTE instructional assistant for every
2            141 combined ASE of pre-kindergarten children with
3            disabilities and all kindergarten through grade 12
4            students; and
5                (iii) one FTE psychologist position for every
6            1,000 combined ASE of pre-kindergarten children
7            with disabilities and all kindergarten through
8            grade 12 students.
9        (3) For calculating the salaries included within the
10    Essential Elements, the State Superintendent shall
11    annually calculate average salaries to the nearest dollar
12    using the employment information system data maintained by
13    the State Board, limited to public schools only and
14    excluding special education and vocational cooperatives,
15    schools operated by the Department of Juvenile Justice,
16    and charter schools, for the following positions:
17            (A) Teacher for grades K through 8.
18            (B) Teacher for grades 9 through 12.
19            (C) Teacher for grades K through 12.
20            (D) Guidance counselor for grades K through 8.
21            (E) Guidance counselor for grades 9 through 12.
22            (F) Guidance counselor for grades K through 12.
23            (G) Social worker.
24            (H) Psychologist.
25            (I) Librarian.
26            (J) Nurse.

 

 

HB0258- 35 -LRB102 02586 CMG 12589 b

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

 

 

HB0258- 36 -LRB102 02586 CMG 12589 b

1    and (T), and (V) through (X) of paragraph (2) of
2    subsection (b) of this Section shall be multiplied by a
3    Regionalization Factor.
4    (c) Local Capacity calculation.
5        (1) Each Organizational Unit's Local Capacity
6    represents an amount of funding it is assumed to
7    contribute toward its Adequacy Target for purposes of the
8    Evidence-Based Funding formula calculation. "Local
9    Capacity" means either (i) the Organizational Unit's Local
10    Capacity Target as calculated in accordance with paragraph
11    (2) of this subsection (c) if its Real Receipts are equal
12    to or less than its Local Capacity Target or (ii) the
13    Organizational Unit's Adjusted Local Capacity, as
14    calculated in accordance with paragraph (3) of this
15    subsection (c) if Real Receipts are more than its Local
16    Capacity Target.
17        (2) "Local Capacity Target" means, for an
18    Organizational Unit, that dollar amount that is obtained
19    by multiplying its Adequacy Target by its Local Capacity
20    Ratio.
21            (A) An Organizational Unit's Local Capacity
22        Percentage is the conversion of the Organizational
23        Unit's Local Capacity Ratio, as such ratio is
24        determined in accordance with subparagraph (B) of this
25        paragraph (2), into a cumulative distribution
26        resulting in a percentile ranking to determine each

 

 

HB0258- 37 -LRB102 02586 CMG 12589 b

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

 

 

HB0258- 38 -LRB102 02586 CMG 12589 b

1        Capacity Ratio to a cumulative distribution resulting
2        in a percentile ranking to determine each
3        Organizational Unit's relative position to all other
4        Organizational Units in this State. The Local Capacity
5        Percentage cumulative distribution resulting in a
6        percentile ranking for each Organizational Unit shall
7        be calculated using the standard normal distribution
8        of the score in relation to the weighted mean and
9        weighted standard deviation and Local Capacity Ratios
10        of all Organizational Units. If the value assigned to
11        any Organizational Unit is in excess of 90%, the value
12        shall be adjusted to 90%. For Laboratory Schools, the
13        Local Capacity Percentage shall be set at 10% in
14        recognition of the absence of EAV and resources from
15        the public university that are allocated to the
16        Laboratory School. For programs operated by a regional
17        office of education or an intermediate service center,
18        the Local Capacity Percentage must be set at 10% in
19        recognition of the absence of EAV and resources from
20        school districts that are allocated to the regional
21        office of education or intermediate service center.
22        The weighted mean for the Local Capacity Percentage
23        shall be determined by multiplying each Organizational
24        Unit's Local Capacity Ratio times the ASE for the unit
25        creating a weighted value, summing the weighted values
26        of all Organizational Units, and dividing by the total

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        defined in Article 11E of this Code.
2        (4) An Organizational Unit's Adjusted EAV shall be the
3    average of its EAV over the immediately preceding 3 years
4    or its EAV in the immediately preceding year if the EAV in
5    the immediately preceding year has declined by 10% or more
6    compared to the 3-year average. In the event of
7    Organizational Unit reorganization, consolidation, or
8    annexation, the Organizational Unit's Adjusted EAV for the
9    first 3 years after such change shall be as follows: the
10    most current EAV shall be used in the first year, the
11    average of a 2-year EAV or its EAV in the immediately
12    preceding year if the EAV declines by 10% or more compared
13    to the 2-year average for the second year, and a 3-year
14    average EAV or its EAV in the immediately preceding year
15    if the Adjusted EAV declines by 10% or more compared to the
16    3-year average for the third year. For any school district
17    whose EAV in the immediately preceding year is used in
18    calculations, in the following year, the Adjusted EAV
19    shall be the average of its EAV over the immediately
20    preceding 2 years or the immediately preceding year if
21    that year represents a decline of 10% or more compared to
22    the 2-year average.
23        "PTELL EAV" means a figure calculated by the State
24    Board for Organizational Units subject to PTELL as
25    described in this paragraph (4) for the purposes of
26    calculating an Organizational Unit's Local Capacity Ratio.

 

 

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1    Except as otherwise provided in this paragraph (4), the
2    PTELL EAV of an Organizational Unit shall be equal to the
3    product of the equalized assessed valuation last used in
4    the calculation of general State aid under Section 18-8.05
5    of this Code (now repealed) or Evidence-Based Funding
6    under this Section and the Organizational Unit's Extension
7    Limitation Ratio. If an Organizational Unit has approved
8    or does approve an increase in its limiting rate, pursuant
9    to Section 18-190 of the Property Tax Code, affecting the
10    Base Tax Year, the PTELL EAV shall be equal to the product
11    of the equalized assessed valuation last used in the
12    calculation of general State aid under Section 18-8.05 of
13    this Code (now repealed) or Evidence-Based Funding under
14    this Section multiplied by an amount equal to one plus the
15    percentage increase, if any, in the Consumer Price Index
16    for All Urban Consumers for all items published by the
17    United States Department of Labor for the 12-month
18    calendar year preceding the Base Tax Year, plus the
19    equalized assessed valuation of new property, annexed
20    property, and recovered tax increment value and minus the
21    equalized assessed valuation of disconnected property.
22        As used in this paragraph (4), "new property" and
23    "recovered tax increment value" shall have the meanings
24    set forth in the Property Tax Extension Limitation Law.
25    (e) Base Funding Minimum calculation.
26        (1) For the 2017-2018 school year, the Base Funding

 

 

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1    Minimum of an Organizational Unit or a Specially Funded
2    Unit shall be the amount of State funds distributed to the
3    Organizational Unit or Specially Funded Unit during the
4    2016-2017 school year prior to any adjustments and
5    specified appropriation amounts described in this
6    paragraph (1) from the following Sections, as calculated
7    by the State Superintendent: Section 18-8.05 of this Code
8    (now repealed); Section 5 of Article 224 of Public Act
9    99-524 (equity grants); Section 14-7.02b of this Code
10    (funding for children requiring special education
11    services); Section 14-13.01 of this Code (special
12    education facilities and staffing), except for
13    reimbursement of the cost of transportation pursuant to
14    Section 14-13.01; Section 14C-12 of this Code (English
15    learners); and Section 18-4.3 of this Code (summer
16    school), based on an appropriation level of $13,121,600.
17    For a school district organized under Article 34 of this
18    Code, the Base Funding Minimum also includes (i) the funds
19    allocated to the school district pursuant to Section 1D-1
20    of this Code attributable to funding programs authorized
21    by the Sections of this Code listed in the preceding
22    sentence and (ii) the difference between (I) the funds
23    allocated to the school district pursuant to Section 1D-1
24    of this Code attributable to the funding programs
25    authorized by Section 14-7.02 (non-public special
26    education reimbursement), subsection (b) of Section

 

 

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1    14-13.01 (special education transportation), Section 29-5
2    (transportation), Section 2-3.80 (agricultural
3    education), Section 2-3.66 (truants' alternative
4    education), Section 2-3.62 (educational service centers),
5    and Section 14-7.03 (special education - orphanage) of
6    this Code and Section 15 of the Childhood Hunger Relief
7    Act (free breakfast program) and (II) the school
8    district's actual expenditures for its non-public special
9    education, special education transportation,
10    transportation programs, agricultural education, truants'
11    alternative education, services that would otherwise be
12    performed by a regional office of education, special
13    education orphanage expenditures, and free breakfast, as
14    most recently calculated and reported pursuant to
15    subsection (f) of Section 1D-1 of this Code. The Base
16    Funding Minimum for Glenwood Academy shall be $625,500.
17    For programs operated by a regional office of education or
18    an intermediate service center, the Base Funding Minimum
19    must be the total amount of State funds allocated to those
20    programs in the 2018-2019 school year and amounts provided
21    pursuant to Article 34 of Public Act 100-586 and Section
22    3-16 of this Code. All programs established after June 5,
23    2019 (the effective date of Public Act 101-10) and
24    administered by a regional office of education or an
25    intermediate service center must have an initial Base
26    Funding Minimum set to an amount equal to the first-year

 

 

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1    ASE multiplied by the amount of per pupil funding received
2    in the previous school year by the lowest funded similar
3    existing program type. If the enrollment for a program
4    operated by a regional office of education or an
5    intermediate service center is zero, then it may not
6    receive Base Funding Minimum funds for that program in the
7    next fiscal year, and those funds must be distributed to
8    Organizational Units under subsection (g).
9        (2) For the 2018-2019 and subsequent school years, the
10    Base Funding Minimum of Organizational Units and Specially
11    Funded Units shall be the sum of (i) the amount of
12    Evidence-Based Funding for the prior school year, (ii) the
13    Base Funding Minimum for the prior school year, and (iii)
14    any amount received by a school district pursuant to
15    Section 7 of Article 97 of Public Act 100-21.
16        (3) Subject to approval by the General Assembly as
17    provided in this paragraph (3), an Organizational Unit
18    that meets all of the following criteria, as determined by
19    the State Board, shall have District Intervention Money
20    added to its Base Funding Minimum at the time the Base
21    Funding Minimum is calculated by the State Board:
22            (A) The Organizational Unit is operating under an
23        Independent Authority under Section 2-3.25f-5 of this
24        Code for a minimum of 4 school years or is subject to
25        the control of the State Board pursuant to a court
26        order for a minimum of 4 school years.

 

 

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1            (B) The Organizational Unit was designated as a
2        Tier 1 or Tier 2 Organizational Unit in the previous
3        school year under paragraph (3) of subsection (g) of
4        this Section.
5            (C) The Organizational Unit demonstrates
6        sustainability through a 5-year financial and
7        strategic plan.
8            (D) The Organizational Unit has made sufficient
9        progress and achieved sufficient stability in the
10        areas of governance, academic growth, and finances.
11        As part of its determination under this paragraph (3),
12    the State Board may consider the Organizational Unit's
13    summative designation, any accreditations of the
14    Organizational Unit, or the Organizational Unit's
15    financial profile, as calculated by the State Board.
16        If the State Board determines that an Organizational
17    Unit has met the criteria set forth in this paragraph (3),
18    it must submit a report to the General Assembly, no later
19    than January 2 of the fiscal year in which the State Board
20    makes it determination, on the amount of District
21    Intervention Money to add to the Organizational Unit's
22    Base Funding Minimum. The General Assembly must review the
23    State Board's report and may approve or disapprove, by
24    joint resolution, the addition of District Intervention
25    Money. If the General Assembly fails to act on the report
26    within 40 calendar days from the receipt of the report,

 

 

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1    the addition of District Intervention Money is deemed
2    approved. If the General Assembly approves the amount of
3    District Intervention Money to be added to the
4    Organizational Unit's Base Funding Minimum, the District
5    Intervention Money must be added to the Base Funding
6    Minimum annually thereafter.
7        For the first 4 years following the initial year that
8    the State Board determines that an Organizational Unit has
9    met the criteria set forth in this paragraph (3) and has
10    received funding under this Section, the Organizational
11    Unit must annually submit to the State Board, on or before
12    November 30, a progress report regarding its financial and
13    strategic plan under subparagraph (C) of this paragraph
14    (3). The plan shall include the financial data from the
15    past 4 annual financial reports or financial audits that
16    must be presented to the State Board by November 15 of each
17    year and the approved budget financial data for the
18    current year. The plan shall be developed according to the
19    guidelines presented to the Organizational Unit by the
20    State Board. The plan shall further include financial
21    projections for the next 3 fiscal years and include a
22    discussion and financial summary of the Organizational
23    Unit's facility needs. If the Organizational Unit does not
24    demonstrate sufficient progress toward its 5-year plan or
25    if it has failed to file an annual financial report, an
26    annual budget, a financial plan, a deficit reduction plan,

 

 

HB0258- 52 -LRB102 02586 CMG 12589 b

1    or other financial information as required by law, the
2    State Board may establish a Financial Oversight Panel
3    under Article 1H of this Code. However, if the
4    Organizational Unit already has a Financial Oversight
5    Panel, the State Board may extend the duration of the
6    Panel.
7    (f) Percent of Adequacy and Final Resources calculation.
8        (1) The Evidence-Based Funding formula establishes a
9    Percent of Adequacy for each Organizational Unit in order
10    to place such units into tiers for the purposes of the
11    funding distribution system described in subsection (g) of
12    this Section. Initially, an Organizational Unit's
13    Preliminary Resources and Preliminary Percent of Adequacy
14    are calculated pursuant to paragraph (2) of this
15    subsection (f). Then, an Organizational Unit's Final
16    Resources and Final Percent of Adequacy are calculated to
17    account for the Organizational Unit's poverty
18    concentration levels pursuant to paragraphs (3) and (4) of
19    this subsection (f).
20        (2) An Organizational Unit's Preliminary Resources are
21    equal to the sum of its Local Capacity Target, CPPRT, and
22    Base Funding Minimum. An Organizational Unit's Preliminary
23    Percent of Adequacy is the lesser of (i) its Preliminary
24    Resources divided by its Adequacy Target or (ii) 100%.
25        (3) Except for Specially Funded Units, an
26    Organizational Unit's Final Resources are equal to the sum

 

 

HB0258- 53 -LRB102 02586 CMG 12589 b

1    of its Local Capacity, CPPRT, and Adjusted Base Funding
2    Minimum. The Base Funding Minimum of each Specially Funded
3    Unit shall serve as its Final Resources, except that the
4    Base Funding Minimum for State-approved charter schools
5    shall not include any portion of general State aid
6    allocated in the prior year based on the per capita
7    tuition charge times the charter school enrollment.
8        (4) An Organizational Unit's Final Percent of Adequacy
9    is its Final Resources divided by its Adequacy Target. An
10    Organizational Unit's Adjusted Base Funding Minimum is
11    equal to its Base Funding Minimum less its Supplemental
12    Grant Funding, with the resulting figure added to the
13    product of its Supplemental Grant Funding and Preliminary
14    Percent of Adequacy.
15    (g) Evidence-Based Funding formula distribution system.
16        (1) In each school year under the Evidence-Based
17    Funding formula, each Organizational Unit receives funding
18    equal to the sum of its Base Funding Minimum and the unit's
19    allocation of New State Funds determined pursuant to this
20    subsection (g). To allocate New State Funds, the
21    Evidence-Based Funding formula distribution system first
22    places all Organizational Units into one of 4 tiers in
23    accordance with paragraph (3) of this subsection (g),
24    based on the Organizational Unit's Final Percent of
25    Adequacy. New State Funds are allocated to each of the 4
26    tiers as follows: Tier 1 Aggregate Funding equals 50% of

 

 

HB0258- 54 -LRB102 02586 CMG 12589 b

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

 

 

HB0258- 55 -LRB102 02586 CMG 12589 b

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

 

 

HB0258- 56 -LRB102 02586 CMG 12589 b

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

 

 

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1        (5) A tier's Target Ratio is determined as follows:
2            (A) The Tier 1 Target Ratio is the ratio level that
3        allows for Tier 1 Aggregate Funding to be distributed
4        with the Tier 1 Allocation Rate.
5            (B) The Tier 2 Target Ratio is 0.90.
6            (C) The Tier 3 Target Ratio is 1.0.
7        (6) If, at any point, the Tier 1 Target Ratio is
8    greater than 90%, then than all Tier 1 funding shall be
9    allocated to Tier 2 and no Tier 1 Organizational Unit's
10    funding may be identified.
11        (7) In the event that all Tier 2 Organizational Units
12    receive funding at the Tier 2 Target Ratio level, any
13    remaining New State Funds shall be allocated to Tier 3 and
14    Tier 4 Organizational Units.
15        (8) If any Specially Funded Units, excluding Glenwood
16    Academy, recognized by the State Board do not qualify for
17    direct funding following the implementation of Public Act
18    100-465 from any of the funding sources included within
19    the definition of Base Funding Minimum, the unqualified
20    portion of the Base Funding Minimum shall be transferred
21    to one or more appropriate Organizational Units as
22    determined by the State Superintendent based on the prior
23    year ASE of the Organizational Units.
24        (8.5) If a school district withdraws from a special
25    education cooperative, the portion of the Base Funding
26    Minimum that is attributable to the school district may be

 

 

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

 

 

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

 

 

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

 

 

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1    appropriations made by the General Assembly, meet the
2    funding obligations created under this Section.
3        (2) The State Superintendent shall calculate the
4    Adequacy Target for each Organizational Unit and Net State
5    Contribution Target for each Organizational Unit under
6    this Section. No Evidence-Based Funding shall be
7    distributed within an Organizational Unit without the
8    approval of the unit's school board.
9        (3) Annually, the State Superintendent shall calculate
10    and report to each Organizational Unit the unit's
11    aggregate financial adequacy amount, which shall be the
12    sum of the Adequacy Target for each Organizational Unit.
13    The State Superintendent shall calculate and report
14    separately for each Organizational Unit the unit's total
15    State funds allocated for its students with disabilities.
16    The State Superintendent shall calculate and report
17    separately for each Organizational Unit the amount of
18    funding and applicable FTE calculated for each Essential
19    Element of the unit's Adequacy Target.
20        (4) Annually, the State Superintendent shall calculate
21    and report to each Organizational Unit the amount the unit
22    must expend on special education and bilingual education
23    and computer technology and equipment for Organizational
24    Units assigned to Tier 1 or Tier 2 that received an
25    additional $285.50 per student computer technology and
26    equipment investment grant to their Adequacy Target

 

 

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

 

 

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

 

 

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1    district organized under Article 34 of this Code for
2    Low-Income, English learner, and special education
3    resources must be distributed to every school of the
4    district in the appropriate amount specified in
5    subparagraphs (V), (W), and (X) of paragraph (2) of
6    subsection (b) of this Section. Additionally, the annual
7    spending plans of each Organizational Unit shall describe
8    how the Organizational Unit expects to achieve student
9    growth and how the Organizational Unit will achieve State
10    education goals, as defined by the State Board. The State
11    Superintendent may, from time to time, identify additional
12    requisites for Organizational Units to satisfy when
13    compiling the annual spending plans required under this
14    subsection (h). The format and scope of annual spending
15    plans shall be developed by the State Superintendent and
16    the State Board of Education. School districts that serve
17    students under Article 14C of this Code shall continue to
18    submit information as required under Section 14C-12 of
19    this Code.
20        (10) No later than January 1, 2018, the State
21    Superintendent shall develop a 5-year strategic plan for
22    all Organizational Units to help in planning for adequacy
23    funding under this Section. The State Superintendent shall
24    submit the plan to the Governor and the General Assembly,
25    as provided in Section 3.1 of the General Assembly
26    Organization Act. The plan shall include recommendations

 

 

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1    for:
2            (A) a framework for collaborative, professional,
3        innovative, and 21st century learning environments
4        using the Evidence-Based Funding model;
5            (B) ways to prepare and support this State's
6        educators for successful instructional careers;
7            (C) application and enhancement of the current
8        financial accountability measures, the approved State
9        plan to comply with the federal Every Student Succeeds
10        Act, and the Illinois Balanced Accountability Measures
11        in relation to student growth and elements of the
12        Evidence-Based Funding model; and
13            (D) implementation of an effective school adequacy
14        funding system based on projected and recommended
15        funding levels from the General Assembly.
16        (11) On an annual basis, the State Superintendent must
17    recalibrate all of the following per pupil elements of the
18    Adequacy Target and applied to the formulas, based on the
19    study of average expenses and as reported in the most
20    recent annual financial report:
21            (A) Gifted under subparagraph (M) of paragraph (2)
22        of subsection (b).
23            (B) Instructional materials under subparagraph (O)
24        of paragraph (2) of subsection (b).
25            (C) Assessment under subparagraph (P) of paragraph
26        (2) of subsection (b).

 

 

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1            (D) Student activities under subparagraph (R) of
2        paragraph (2) of subsection (b).
3            (E) Maintenance and operations under subparagraph
4        (S) of paragraph (2) of subsection (b).
5            (F) Central office under subparagraph (T) of
6        paragraph (2) of subsection (b).
7    (i) Professional Review Panel.
8        (1) A Professional Review Panel is created to study
9    and review topics related to the implementation and effect
10    of Evidence-Based Funding, as assigned by a joint
11    resolution or Public Act of the General Assembly or a
12    motion passed by the State Board of Education. The Panel
13    must provide recommendations to and serve the Governor,
14    the General Assembly, and the State Board. The State
15    Superintendent or his or her designee must serve as a
16    voting member and chairperson of the Panel. The State
17    Superintendent must appoint a vice chairperson from the
18    membership of the Panel. The Panel must advance
19    recommendations based on a three-fifths majority vote of
20    Panel members present and voting. A minority opinion may
21    also accompany any recommendation of the Panel. The Panel
22    shall be appointed by the State Superintendent, except as
23    otherwise provided in paragraph (2) of this subsection (i)
24    and include the following members:
25            (A) Two appointees that represent district
26        superintendents, recommended by a statewide

 

 

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1        organization that represents district superintendents.
2            (B) Two appointees that represent school boards,
3        recommended by a statewide organization that
4        represents school boards.
5            (C) Two appointees from districts that represent
6        school business officials, recommended by a statewide
7        organization that represents school business
8        officials.
9            (D) Two appointees that represent school
10        principals, recommended by a statewide organization
11        that represents school principals.
12            (E) Two appointees that represent teachers,
13        recommended by a statewide organization that
14        represents teachers.
15            (F) Two appointees that represent teachers,
16        recommended by another statewide organization that
17        represents teachers.
18            (G) Two appointees that represent regional
19        superintendents of schools, recommended by
20        organizations that represent regional superintendents.
21            (H) Two independent experts selected solely by the
22        State Superintendent.
23            (I) Two independent experts recommended by public
24        universities in this State.
25            (J) One member recommended by a statewide
26        organization that represents parents.

 

 

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

 

 

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1    the Senate appointed by the Minority Leader of the Senate.
2    There shall be one additional member appointed by the
3    Governor. All members appointed by legislative leaders or
4    the Governor shall be non-voting, ex officio members.
5        (3) The Panel must study topics at the direction of
6    the General Assembly or State Board of Education, as
7    provided under paragraph (1). The Panel may also study the
8    following topics at the direction of the chairperson:
9            (A) The format and scope of annual spending plans
10        referenced in paragraph (9) of subsection (h) of this
11        Section.
12            (B) The Comparable Wage Index under this Section.
13            (C) Maintenance and operations, including capital
14        maintenance and construction costs.
15            (D) "At-risk student" definition.
16            (E) Benefits.
17            (F) Technology.
18            (G) Local Capacity Target.
19            (H) Funding for Alternative Schools, Laboratory
20        Schools, safe schools, and alternative learning
21        opportunities programs.
22            (I) Funding for college and career acceleration
23        strategies.
24            (J) Special education investments.
25            (K) Early childhood investments, in collaboration
26        with the Illinois Early Learning Council.

 

 

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1        (4) (Blank).
2        (5) Within 5 years after the implementation of this
3    Section, and every 5 years thereafter, the Panel shall
4    complete an evaluative study of the entire Evidence-Based
5    Funding model, including an assessment of whether or not
6    the formula is achieving State goals. The Panel shall
7    report to the State Board, the General Assembly, and the
8    Governor on the findings of the study.
9        (6) (Blank).
10    (j) References. Beginning July 1, 2017, references in
11other laws to general State aid funds or calculations under
12Section 18-8.05 of this Code (now repealed) shall be deemed to
13be references to evidence-based model formula funds or
14calculations under this Section.
15(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;
16100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff.
176-14-19; 101-643, eff. 6-18-20; revised 8-21-20.)
 
18    Section 99. Effective date. This Act takes effect July 1,
192021.