Full Text of SB0628 97th General Assembly
SB0628sam001 97TH GENERAL ASSEMBLY | Sen. Annazette R. Collins Filed: 4/8/2011
| | 09700SB0628sam001 | | LRB097 04412 NHT 54075 a |
|
| 1 | | AMENDMENT TO SENATE BILL 628
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 628 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 10-19, 10-19.1, 18-8.05, and 34-18 as follows:
| 6 | | (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
| 7 | | Sec. 10-19. Length of school term - experimental programs. | 8 | | Each school
board shall annually prepare a calendar for the | 9 | | school term, specifying
the opening and closing dates and | 10 | | providing a minimum term of at least 192
185
days to insure 183
| 11 | | 176 days of actual pupil attendance, computable under Section
| 12 | | 18-8.05, except that for the 1980-1981 school year only 175 | 13 | | days
of actual
pupil attendance shall be required because of | 14 | | the closing of schools pursuant
to Section 24-2 on January 29, | 15 | | 1981 upon the appointment by the President
of that day as a day | 16 | | of thanksgiving for the freedom of the Americans who
had been |
| | | 09700SB0628sam001 | - 2 - | LRB097 04412 NHT 54075 a |
|
| 1 | | held hostage in Iran. Any days allowed by law for teachers'
| 2 | | institute but not used as such or used as parental institutes | 3 | | as provided
in Section 10-22.18d shall increase the minimum | 4 | | term by the school days not
so used. Except as provided in | 5 | | Section 10-19.1, the board may not extend
the school term | 6 | | beyond such closing date unless that extension of term is
| 7 | | necessary to provide the minimum number of computable days. In | 8 | | case of
such necessary extension school employees
shall be paid | 9 | | for such additional time on the basis of their regular
| 10 | | contracts. A school board may specify a closing date earlier | 11 | | than that
set on the annual calendar when the schools of the | 12 | | district have
provided the minimum number of computable days | 13 | | under this Section.
Nothing in this Section prevents the board | 14 | | from employing
superintendents of schools, principals and | 15 | | other nonteaching personnel
for a period of 12 months, or in | 16 | | the case of superintendents for a
period in accordance with | 17 | | Section 10-23.8, or prevents the board from
employing other | 18 | | personnel before or after the regular school term with
payment | 19 | | of salary proportionate to that received for comparable work
| 20 | | during the school term.
| 21 | | A school board may make such changes in its calendar for | 22 | | the school term
as may be required by any changes in the legal | 23 | | school holidays prescribed
in Section 24-2. A school board may | 24 | | make changes in its calendar for the
school term as may be | 25 | | necessary to reflect the utilization of teachers'
institute | 26 | | days as parental institute days as provided in Section |
| | | 09700SB0628sam001 | - 3 - | LRB097 04412 NHT 54075 a |
|
| 1 | | 10-22.18d.
| 2 | | The calendar for the school term and any changes must be | 3 | | submitted to and approved by the regional superintendent of | 4 | | schools before the calendar or changes may take effect.
| 5 | | With the prior approval of the State Board of Education and | 6 | | subject
to review by the State Board of Education every 3 | 7 | | years, any school
board may, by resolution of its board and in | 8 | | agreement with affected
exclusive collective bargaining | 9 | | agents, establish experimental
educational programs, including | 10 | | but not limited to programs for
self-directed learning or | 11 | | outside of formal class periods, which programs
when so | 12 | | approved shall be considered to comply with the requirements of
| 13 | | this Section as respects numbers of days of actual pupil | 14 | | attendance and
with the other requirements of this Act as | 15 | | respects courses of instruction.
| 16 | | (Source: P.A. 93-1036, eff. 9-14-04.)
| 17 | | (105 ILCS 5/10-19.1) (from Ch. 122, par. 10-19.1)
| 18 | | Sec. 10-19.1. Full year school plan. Any school district | 19 | | may, by resolution of its board, operate one or
more schools | 20 | | within the district on a full year school plan approved by
the | 21 | | State Board of Education.
Any board which operates under
this | 22 | | Section shall devise a plan so that a student's required | 23 | | attendance
in school during a 12-month period shall be for not | 24 | | less than the
a minimum number of days
term of 180 days of | 25 | | actual pupil attendance required by Section 10-19 of this Code |
| | | 09700SB0628sam001 | - 4 - | LRB097 04412 NHT 54075 a |
|
| 1 | | for the school year during which that 12-month period | 2 | | commences , plus
including not more than 4 institute days, | 3 | | provided that during that
a 12 month period a student's | 4 | | required attendance in school , but
shall not exceed , nor shall | 5 | | any teacher be required to teach more than, the number of days | 6 | | that is equal to the minimum term required to be provided by
| 7 | | Section 10-19 of this Code for the school year during which | 8 | | that 12-month period commences
185 days . Under such plan, no | 9 | | teacher shall be required
to teach more than 185 days. A | 10 | | calendar of 180 days may be established
with the approval of | 11 | | the State Board of Education.
| 12 | | (Source: P.A. 81-1508.)
| 13 | | (105 ILCS 5/18-8.05)
| 14 | | Sec. 18-8.05. Basis for apportionment of general State | 15 | | financial aid and
supplemental general State aid to the common | 16 | | schools for the 1998-1999 and
subsequent school years.
| 17 | | (A) General Provisions. | 18 | | (1) The provisions of this Section apply to the 1998-1999 | 19 | | and subsequent
school years. The system of general State | 20 | | financial aid provided for in this
Section
is designed to | 21 | | assure that, through a combination of State financial aid and
| 22 | | required local resources, the financial support provided each | 23 | | pupil in Average
Daily Attendance equals or exceeds a
| 24 | | prescribed per pupil Foundation Level. This formula approach |
| | | 09700SB0628sam001 | - 5 - | LRB097 04412 NHT 54075 a |
|
| 1 | | imputes a level
of per pupil Available Local Resources and | 2 | | provides for the basis to calculate
a per pupil level of | 3 | | general State financial aid that, when added to Available
Local | 4 | | Resources, equals or exceeds the Foundation Level. The
amount | 5 | | of per pupil general State financial aid for school districts, | 6 | | in
general, varies in inverse
relation to Available Local | 7 | | Resources. Per pupil amounts are based upon
each school | 8 | | district's Average Daily Attendance as that term is defined in | 9 | | this
Section. | 10 | | (2) In addition to general State financial aid, school | 11 | | districts with
specified levels or concentrations of pupils | 12 | | from low income households are
eligible to receive supplemental | 13 | | general State financial aid grants as provided
pursuant to | 14 | | subsection (H).
The supplemental State aid grants provided for | 15 | | school districts under
subsection (H) shall be appropriated for | 16 | | distribution to school districts as
part of the same line item | 17 | | in which the general State financial aid of school
districts is | 18 | | appropriated under this Section. | 19 | | (3) To receive financial assistance under this Section, | 20 | | school districts
are required to file claims with the State | 21 | | Board of Education, subject to the
following requirements: | 22 | | (a) Any school district which fails for any given | 23 | | school year to maintain
school as required by law, or to | 24 | | maintain a recognized school is not
eligible to file for | 25 | | such school year any claim upon the Common School
Fund. In | 26 | | case of nonrecognition of one or more attendance centers in |
| | | 09700SB0628sam001 | - 6 - | LRB097 04412 NHT 54075 a |
|
| 1 | | a
school district otherwise operating recognized schools, | 2 | | the claim of the
district shall be reduced in the | 3 | | proportion which the Average Daily
Attendance in the | 4 | | attendance center or centers bear to the Average Daily
| 5 | | Attendance in the school district. A "recognized school" | 6 | | means any
public school which meets the standards as | 7 | | established for recognition
by the State Board of | 8 | | Education. A school district or attendance center
not | 9 | | having recognition status at the end of a school term is | 10 | | entitled to
receive State aid payments due upon a legal | 11 | | claim which was filed while
it was recognized. | 12 | | (b) School district claims filed under this Section are | 13 | | subject to
Sections 18-9 and 18-12, except as otherwise | 14 | | provided in this
Section. | 15 | | (c) If a school district operates a full year school | 16 | | under Section
10-19.1, the general State aid to the school | 17 | | district shall be determined
by the State Board of | 18 | | Education in accordance with this Section as near as
may be | 19 | | applicable. | 20 | | (d) (Blank). | 21 | | (4) Except as provided in subsections (H) and (L), the | 22 | | board of any district
receiving any of the grants provided for | 23 | | in this Section may apply those funds
to any fund so received | 24 | | for which that board is authorized to make expenditures
by law. | 25 | | School districts are not required to exert a minimum | 26 | | Operating Tax Rate in
order to qualify for assistance under |
| | | 09700SB0628sam001 | - 7 - | LRB097 04412 NHT 54075 a |
|
| 1 | | this Section. | 2 | | (5) As used in this Section the following terms, when | 3 | | capitalized, shall
have the meaning ascribed herein: | 4 | | (a) "Average Daily Attendance": A count of pupil | 5 | | attendance in school,
averaged as provided for in | 6 | | subsection (C) and utilized in deriving per pupil
financial | 7 | | support levels. | 8 | | (b) "Available Local Resources": A computation of | 9 | | local financial
support, calculated on the basis of Average | 10 | | Daily Attendance and derived as
provided pursuant to | 11 | | subsection (D). | 12 | | (c) "Corporate Personal Property Replacement Taxes": | 13 | | Funds paid to local
school districts pursuant to "An Act in | 14 | | relation to the abolition of ad valorem
personal property | 15 | | tax and the replacement of revenues lost thereby, and
| 16 | | amending and repealing certain Acts and parts of Acts in | 17 | | connection therewith",
certified August 14, 1979, as | 18 | | amended (Public Act 81-1st S.S.-1). | 19 | | (d) "Foundation Level": A prescribed level of per pupil | 20 | | financial support
as provided for in subsection (B). | 21 | | (e) "Operating Tax Rate": All school district property | 22 | | taxes extended for
all purposes, except Bond and
Interest, | 23 | | Summer School, Rent, Capital Improvement, and Vocational | 24 | | Education
Building purposes.
| 25 | | (B) Foundation Level. |
| | | 09700SB0628sam001 | - 8 - | LRB097 04412 NHT 54075 a |
|
| 1 | | (1) The Foundation Level is a figure established by the | 2 | | State representing
the minimum level of per pupil financial | 3 | | support that should be available to
provide for the basic | 4 | | education of each pupil in
Average Daily Attendance. As set | 5 | | forth in this Section, each school district
is assumed to exert
| 6 | | a sufficient local taxing effort such that, in combination with | 7 | | the aggregate
of general State
financial aid provided the | 8 | | district, an aggregate of State and local resources
are | 9 | | available to meet
the basic education needs of pupils in the | 10 | | district. | 11 | | (2) For the 1998-1999 school year, the Foundation Level of | 12 | | support is
$4,225. For the 1999-2000 school year, the | 13 | | Foundation Level of support is
$4,325. For the 2000-2001 school | 14 | | year, the Foundation Level of support is
$4,425. For the | 15 | | 2001-2002 school year and 2002-2003 school year, the
Foundation | 16 | | Level of support is $4,560. For the 2003-2004 school year, the | 17 | | Foundation Level of support is $4,810. For the 2004-2005 school | 18 | | year, the Foundation Level of support is $4,964.
For the | 19 | | 2005-2006 school year,
the Foundation Level of support is | 20 | | $5,164. For the 2006-2007 school year, the Foundation Level of | 21 | | support is $5,334. For the 2007-2008 school year, the | 22 | | Foundation Level of support is $5,734. For the 2008-2009 school | 23 | | year, the Foundation Level of support is $5,959. | 24 | | (3) For the 2009-2010 school year and each school year | 25 | | thereafter,
the Foundation Level of support is $6,119 or such | 26 | | greater amount as
may be established by law by the General |
| | | 09700SB0628sam001 | - 9 - | LRB097 04412 NHT 54075 a |
|
| 1 | | Assembly.
| 2 | | (C) Average Daily Attendance. | 3 | | (1) For purposes of calculating general State aid pursuant | 4 | | to subsection
(E), an Average Daily Attendance figure shall be | 5 | | utilized. The Average Daily
Attendance figure for formula
| 6 | | calculation purposes shall be the monthly average of the actual | 7 | | number of
pupils in attendance of
each school district, as | 8 | | further averaged for the best 3 months of pupil
attendance for | 9 | | each
school district. In compiling the figures for the number | 10 | | of pupils in
attendance, school districts
and the State Board | 11 | | of Education shall, for purposes of general State aid
funding, | 12 | | conform
attendance figures to the requirements of subsection | 13 | | (F). | 14 | | (2) The Average Daily Attendance figures utilized in | 15 | | subsection (E) shall be
the requisite attendance data for the | 16 | | school year immediately preceding
the
school year for which | 17 | | general State aid is being calculated
or the average of the | 18 | | attendance data for the 3 preceding school
years, whichever is | 19 | | greater. The Average Daily Attendance figures
utilized in | 20 | | subsection (H) shall be the requisite attendance data for the
| 21 | | school year immediately preceding the school year for which | 22 | | general
State aid is being calculated.
| 23 | | (D) Available Local Resources. | 24 | | (1) For purposes of calculating general State aid pursuant |
| | | 09700SB0628sam001 | - 10 - | LRB097 04412 NHT 54075 a |
|
| 1 | | to subsection
(E), a representation of Available Local | 2 | | Resources per pupil, as that term is
defined and determined in | 3 | | this subsection, shall be utilized. Available Local
Resources | 4 | | per pupil shall include a calculated
dollar amount representing | 5 | | local school district revenues from local property
taxes and | 6 | | from
Corporate Personal Property Replacement Taxes, expressed | 7 | | on the basis of pupils
in Average
Daily Attendance. Calculation | 8 | | of Available Local Resources shall exclude any tax amnesty | 9 | | funds received as a result of Public Act 93-26. | 10 | | (2) In determining a school district's revenue from local | 11 | | property taxes,
the State Board of Education shall utilize the | 12 | | equalized assessed valuation of
all taxable property of each | 13 | | school
district as of September 30 of the previous year. The | 14 | | equalized assessed
valuation utilized shall
be obtained and | 15 | | determined as provided in subsection (G). | 16 | | (3) For school districts maintaining grades kindergarten | 17 | | through 12, local
property tax
revenues per pupil shall be | 18 | | calculated as the product of the applicable
equalized assessed
| 19 | | valuation for the district multiplied by 3.00%, and divided by | 20 | | the district's
Average Daily
Attendance figure. For school | 21 | | districts maintaining grades kindergarten
through 8, local
| 22 | | property tax revenues per pupil shall be calculated as the | 23 | | product of the
applicable equalized
assessed valuation for the | 24 | | district multiplied by 2.30%, and divided by the
district's | 25 | | Average
Daily Attendance figure. For school districts | 26 | | maintaining grades 9 through 12,
local property
tax revenues |
| | | 09700SB0628sam001 | - 11 - | LRB097 04412 NHT 54075 a |
|
| 1 | | per pupil shall be the applicable equalized assessed valuation | 2 | | of
the district
multiplied by 1.05%, and divided by the | 3 | | district's Average Daily
Attendance
figure. | 4 | | For partial elementary unit districts created pursuant to | 5 | | Article 11E of this Code, local property tax revenues per pupil | 6 | | shall be calculated as the product of the equalized assessed | 7 | | valuation for property within the partial elementary unit | 8 | | district for elementary purposes, as defined in Article 11E of | 9 | | this Code, multiplied by 2.06% and divided by the district's | 10 | | Average Daily Attendance figure, plus the product of the | 11 | | equalized assessed valuation for property within the partial | 12 | | elementary unit district for high school purposes, as defined | 13 | | in Article 11E of this Code, multiplied by 0.94% and divided by | 14 | | the district's Average Daily Attendance figure.
| 15 | | (4) The Corporate Personal Property Replacement Taxes paid | 16 | | to each school
district during the calendar year one year | 17 | | before the calendar year in which a
school year begins, divided | 18 | | by the Average Daily Attendance figure for that
district, shall | 19 | | be added to the local property tax revenues per pupil as
| 20 | | derived by the application of the immediately preceding | 21 | | paragraph (3). The sum
of these per pupil figures for each | 22 | | school district shall constitute Available
Local Resources as | 23 | | that term is utilized in subsection (E) in the calculation
of | 24 | | general State aid.
| 25 | | (E) Computation of General State Aid. |
| | | 09700SB0628sam001 | - 12 - | LRB097 04412 NHT 54075 a |
|
| 1 | | (1) For each school year, the amount of general State aid | 2 | | allotted to a
school district shall be computed by the State | 3 | | Board of Education as provided
in this subsection. | 4 | | (2) For any school district for which Available Local | 5 | | Resources per pupil
is less than the product of 0.93 times the | 6 | | Foundation Level, general State aid
for that district shall be | 7 | | calculated as an amount equal to the Foundation
Level minus | 8 | | Available Local Resources, multiplied by the Average Daily
| 9 | | Attendance of the school district. | 10 | | (3) For any school district for which Available Local | 11 | | Resources per pupil
is equal to or greater than the product of | 12 | | 0.93 times the Foundation Level and
less than the product of | 13 | | 1.75 times the Foundation Level, the general State aid
per | 14 | | pupil shall be a decimal proportion of the Foundation Level | 15 | | derived using a
linear algorithm. Under this linear algorithm, | 16 | | the calculated general State
aid per pupil shall decline in | 17 | | direct linear fashion from 0.07 times the
Foundation Level for | 18 | | a school district with Available Local Resources equal to
the | 19 | | product of 0.93 times the Foundation Level, to 0.05 times the | 20 | | Foundation
Level for a school district with Available Local | 21 | | Resources equal to the product
of 1.75 times the Foundation | 22 | | Level. The allocation of general
State aid for school districts | 23 | | subject to this paragraph 3 shall be the
calculated general | 24 | | State aid
per pupil figure multiplied by the Average Daily | 25 | | Attendance of the school
district. | 26 | | (4) For any school district for which Available Local |
| | | 09700SB0628sam001 | - 13 - | LRB097 04412 NHT 54075 a |
|
| 1 | | Resources per pupil
equals or exceeds the product of 1.75 times | 2 | | the Foundation Level, the general
State aid for the school | 3 | | district shall be calculated as the product of $218
multiplied | 4 | | by the Average Daily Attendance of the school
district. | 5 | | (5) The amount of general State aid allocated to a school | 6 | | district for
the 1999-2000 school year meeting the requirements | 7 | | set forth in paragraph (4)
of subsection
(G) shall be increased | 8 | | by an amount equal to the general State aid that
would have | 9 | | been received by the district for the 1998-1999 school year by
| 10 | | utilizing the Extension Limitation Equalized Assessed | 11 | | Valuation as calculated
in paragraph (4) of subsection (G) less | 12 | | the general State aid allotted for the
1998-1999
school year. | 13 | | This amount shall be deemed a one time increase, and shall not
| 14 | | affect any future general State aid allocations.
| 15 | | (F) Compilation of Average Daily Attendance. | 16 | | (1) Each school district shall, by July 1 of each year, | 17 | | submit to the State
Board of Education, on forms prescribed by | 18 | | the State Board of Education,
attendance figures for the school | 19 | | year that began in the preceding calendar
year. The attendance | 20 | | information so transmitted shall identify the average
daily | 21 | | attendance figures for each month of the school year. Beginning | 22 | | with
the general State aid claim form for the 2002-2003 school
| 23 | | year, districts shall calculate Average Daily Attendance as | 24 | | provided in
subdivisions (a), (b), and (c) of this paragraph | 25 | | (1). |
| | | 09700SB0628sam001 | - 14 - | LRB097 04412 NHT 54075 a |
|
| 1 | | (a) In districts that do not hold year-round classes,
| 2 | | days of attendance in August shall be added to the month of | 3 | | September and any
days of attendance in June shall be added | 4 | | to the month of May. | 5 | | (b) In districts in which all buildings hold year-round | 6 | | classes,
days of attendance in July and August shall be | 7 | | added to the month
of September and any days of attendance | 8 | | in June shall be added to
the month of May. | 9 | | (c) In districts in which some buildings, but not all, | 10 | | hold
year-round classes, for the non-year-round buildings, | 11 | | days of
attendance in August shall be added to the month of | 12 | | September
and any days of attendance in June shall be added | 13 | | to the month of
May. The average daily attendance for the | 14 | | year-round buildings
shall be computed as provided in | 15 | | subdivision (b) of this paragraph
(1). To calculate the | 16 | | Average Daily Attendance for the district, the
average | 17 | | daily attendance for the year-round buildings shall be
| 18 | | multiplied by the days in session for the non-year-round | 19 | | buildings
for each month and added to the monthly | 20 | | attendance of the
non-year-round buildings. | 21 | | Except as otherwise provided in this Section, days of
| 22 | | attendance by pupils shall be counted only for sessions of not | 23 | | less than 6
5 clock hours of school work per day under direct | 24 | | supervision of: (i)
teachers, or (ii) non-teaching personnel or | 25 | | volunteer personnel when engaging
in non-teaching duties and | 26 | | supervising in those instances specified in
subsection (a) of |
| | | 09700SB0628sam001 | - 15 - | LRB097 04412 NHT 54075 a |
|
| 1 | | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | 2 | | of legal school age and in kindergarten and grades 1 through | 3 | | 12. | 4 | | Days of attendance by tuition pupils shall be accredited | 5 | | only to the
districts that pay the tuition to a recognized | 6 | | school. | 7 | | (2) Days of attendance by pupils of less than 6 5 clock | 8 | | hours of school
shall be subject to the following provisions in | 9 | | the compilation of Average
Daily Attendance. | 10 | | (a) Pupils regularly enrolled in a public school for | 11 | | only a part of
the school day may be counted on the basis | 12 | | of 1/6 day for every class hour
of instruction of 40 | 13 | | minutes or more attended pursuant to such enrollment,
| 14 | | unless a pupil is
enrolled in a block-schedule format of 80 | 15 | | minutes or more of instruction,
in which case the pupil may | 16 | | be counted on the basis of the proportion of
minutes of | 17 | | school work completed each day to the minimum number of
| 18 | | minutes that school work is required to be held that day. | 19 | | (b) Days of attendance may be less than 6 5 clock hours | 20 | | on the opening
and closing of the school term, and upon the | 21 | | first day of pupil
attendance, if preceded by a day or days | 22 | | utilized as an institute or
teachers' workshop. | 23 | | (c) A session of 4 or more clock hours may be counted | 24 | | as a day of
attendance upon certification by the regional | 25 | | superintendent, and
approved by the State Superintendent | 26 | | of Education to the extent that the
district has been |
| | | 09700SB0628sam001 | - 16 - | LRB097 04412 NHT 54075 a |
|
| 1 | | forced to use daily multiple sessions. | 2 | | (d) A session of 3 or more clock hours may be counted | 3 | | as a day of
attendance (1) when the remainder of the school | 4 | | day or at least
2 hours in the evening of that day is | 5 | | utilized for an
in-service training program for teachers, | 6 | | up to a maximum of 5 days per
school year, provided a | 7 | | district conducts an in-service
training program for | 8 | | teachers in accordance with Section 10-22.39 of this Code; | 9 | | or, in lieu of 4 such days, 2 full days may
be used, in | 10 | | which event each such day
may be counted as a day required | 11 | | for a legal school calendar pursuant to Section 10-19 of | 12 | | this Code; (1.5) when, of the 5 days allowed under item | 13 | | (1), a maximum of 4 days are used for parent-teacher | 14 | | conferences, or, in lieu of 4 such days, 2 full days are | 15 | | used, in which case each such day may be counted as a | 16 | | calendar day required under Section 10-19 of this Code, | 17 | | provided that the full-day, parent-teacher conference | 18 | | consists of (i) a minimum of 6 5 clock hours of | 19 | | parent-teacher conferences, (ii) both a minimum of 2 clock | 20 | | hours of parent-teacher conferences held in the evening | 21 | | following a full day of student attendance, as specified in | 22 | | subsection (F)(1)(c), and a minimum of 3 clock hours of | 23 | | parent-teacher conferences held on the day immediately | 24 | | following evening parent-teacher conferences, or (iii) | 25 | | multiple parent-teacher conferences held in the evenings | 26 | | following full days of student attendance, as specified in |
| | | 09700SB0628sam001 | - 17 - | LRB097 04412 NHT 54075 a |
|
| 1 | | subsection (F)(1)(c), in which the time used for the | 2 | | parent-teacher conferences is equivalent to a minimum of 6 | 3 | | 5 clock hours; and (2) when days in
addition to
those | 4 | | provided in items (1) and (1.5) are scheduled by a school | 5 | | pursuant to its school
improvement plan adopted under | 6 | | Article 34 or its revised or amended school
improvement | 7 | | plan adopted under Article 2, provided that (i) such | 8 | | sessions of
3 or more clock hours are scheduled to occur at | 9 | | regular intervals, (ii) the
remainder of the school days in | 10 | | which such sessions occur are utilized
for in-service | 11 | | training programs or other staff development activities | 12 | | for
teachers, and (iii) a sufficient number of minutes of | 13 | | school work under the
direct supervision of teachers are | 14 | | added to the school days between such
regularly scheduled | 15 | | sessions to accumulate not less than the number of minutes
| 16 | | by which such sessions of 3 or more clock hours fall short | 17 | | of 6 5 clock hours.
Any full days used for the purposes of | 18 | | this paragraph shall not be considered
for
computing | 19 | | average daily attendance. Days scheduled for in-service | 20 | | training
programs, staff development activities, or | 21 | | parent-teacher conferences may be
scheduled separately for | 22 | | different
grade levels and different attendance centers of | 23 | | the district. | 24 | | (e) A session of not less than one clock hour of | 25 | | teaching
hospitalized or homebound pupils on-site or by | 26 | | telephone to the classroom may
be counted as 1/2 day of |
| | | 09700SB0628sam001 | - 18 - | LRB097 04412 NHT 54075 a |
|
| 1 | | attendance, however these pupils must receive 4 or
more | 2 | | clock hours of instruction to be counted for a full day of | 3 | | attendance. | 4 | | (f) A session of at least 4 clock hours may be counted | 5 | | as a day of
attendance for first grade pupils, and pupils | 6 | | in full day kindergartens,
and a session of 2 or more hours | 7 | | may be counted as 1/2 day of attendance by
pupils in | 8 | | kindergartens which provide only 1/2 day of attendance. | 9 | | (g) For children with disabilities who are below the | 10 | | age of 6 years and
who
cannot attend 2 or more clock hours | 11 | | because of their disability or
immaturity, a session of not | 12 | | less than one clock hour may be counted as 1/2 day
of | 13 | | attendance; however for such children whose educational | 14 | | needs so require
a session of 4 or more clock hours may be | 15 | | counted as a full day of attendance. | 16 | | (h) A recognized kindergarten which provides for only | 17 | | 1/2 day of
attendance by each pupil shall not have more | 18 | | than 1/2 day of attendance
counted in any one day. However, | 19 | | kindergartens may count 2 1/2 days
of
attendance in any 5 | 20 | | consecutive school days. When a pupil attends such a
| 21 | | kindergarten for 2 half days on any one school day, the | 22 | | pupil shall have
the following day as a day absent from | 23 | | school, unless the school district
obtains permission in | 24 | | writing from the State Superintendent of Education.
| 25 | | Attendance at kindergartens which provide for a full day of | 26 | | attendance by
each pupil shall be counted the same as |
| | | 09700SB0628sam001 | - 19 - | LRB097 04412 NHT 54075 a |
|
| 1 | | attendance by first grade pupils.
Only the first year of | 2 | | attendance in one kindergarten shall be counted,
except in | 3 | | case of children who entered the kindergarten in their | 4 | | fifth year
whose educational development requires a second | 5 | | year of kindergarten as
determined under the rules and | 6 | | regulations of the State Board of Education. | 7 | | (i) On the days when the Prairie State Achievement | 8 | | Examination is
administered under subsection (c) of | 9 | | Section 2-3.64 of this Code, the day
of attendance for a | 10 | | pupil whose school
day must be shortened to accommodate | 11 | | required testing procedures may
be less than 6 5 clock | 12 | | hours and shall be counted towards the 176 days of actual | 13 | | pupil attendance required under Section 10-19 of this Code, | 14 | | provided that a sufficient number of minutes
of school work | 15 | | in excess of 6 5 clock hours are first completed on other | 16 | | school
days to compensate for the loss of school work on | 17 | | the examination days.
| 18 | | (G) Equalized Assessed Valuation Data. | 19 | | (1) For purposes of the calculation of Available Local | 20 | | Resources required
pursuant to subsection (D), the
State Board | 21 | | of Education shall secure from the Department of
Revenue the | 22 | | value as equalized or assessed by the Department of Revenue of
| 23 | | all taxable property of every school district, together with | 24 | | (i) the applicable
tax rate used in extending taxes for the | 25 | | funds of the district as of
September 30 of the previous year
|
| | | 09700SB0628sam001 | - 20 - | LRB097 04412 NHT 54075 a |
|
| 1 | | and (ii) the limiting rate for all school
districts subject to | 2 | | property tax extension limitations as imposed under the
| 3 | | Property Tax Extension Limitation Law.
| 4 | | The Department of Revenue shall add to the equalized | 5 | | assessed value of all
taxable
property of each school district | 6 | | situated entirely or partially within a county
that is or was | 7 | | subject to the
provisions of Section 15-176 or 15-177 of the | 8 | | Property Tax Code (a)
an amount equal to the total amount by | 9 | | which the
homestead exemption allowed under Section 15-176 or | 10 | | 15-177 of the Property Tax Code for
real
property situated in | 11 | | that school district exceeds the total amount that would
have | 12 | | been
allowed in that school district if the maximum reduction | 13 | | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in | 14 | | all other counties in tax year 2003 or (ii) $5,000 in all | 15 | | counties in tax year 2004 and thereafter and (b) an amount | 16 | | equal to the aggregate amount for the taxable year of all | 17 | | additional exemptions under Section 15-175 of the Property Tax | 18 | | Code for owners with a household income of $30,000 or less. The | 19 | | county clerk of any county that is or was subject to the | 20 | | provisions of Section 15-176 or 15-177 of the Property Tax Code | 21 | | shall
annually calculate and certify to the Department of | 22 | | Revenue for each school
district all
homestead exemption | 23 | | amounts under Section 15-176 or 15-177 of the Property Tax Code | 24 | | and all amounts of additional exemptions under Section 15-175 | 25 | | of the Property Tax Code for owners with a household income of | 26 | | $30,000 or less. It is the intent of this paragraph that if the |
| | | 09700SB0628sam001 | - 21 - | LRB097 04412 NHT 54075 a |
|
| 1 | | general homestead exemption for a parcel of property is | 2 | | determined under Section 15-176 or 15-177 of the Property Tax | 3 | | Code rather than Section 15-175, then the calculation of | 4 | | Available Local Resources shall not be affected by the | 5 | | difference, if any, between the amount of the general homestead | 6 | | exemption allowed for that parcel of property under Section | 7 | | 15-176 or 15-177 of the Property Tax Code and the amount that | 8 | | would have been allowed had the general homestead exemption for | 9 | | that parcel of property been determined under Section 15-175 of | 10 | | the Property Tax Code. It is further the intent of this | 11 | | paragraph that if additional exemptions are allowed under | 12 | | Section 15-175 of the Property Tax Code for owners with a | 13 | | household income of less than $30,000, then the calculation of | 14 | | Available Local Resources shall not be affected by the | 15 | | difference, if any, because of those additional exemptions. | 16 | | This equalized assessed valuation, as adjusted further by | 17 | | the requirements of
this subsection, shall be utilized in the | 18 | | calculation of Available Local
Resources. | 19 | | (2) The equalized assessed valuation in paragraph (1) shall | 20 | | be adjusted, as
applicable, in the following manner: | 21 | | (a) For the purposes of calculating State aid under | 22 | | this Section,
with respect to any part of a school district | 23 | | within a redevelopment
project area in respect to which a | 24 | | municipality has adopted tax
increment allocation | 25 | | financing pursuant to the Tax Increment Allocation
| 26 | | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 |
| | | 09700SB0628sam001 | - 22 - | LRB097 04412 NHT 54075 a |
|
| 1 | | of the Illinois
Municipal Code or the Industrial Jobs | 2 | | Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | 3 | | Illinois Municipal Code, no part of the current equalized
| 4 | | assessed valuation of real property located in any such | 5 | | project area which is
attributable to an increase above the | 6 | | total initial equalized assessed
valuation of such | 7 | | property shall be used as part of the equalized assessed
| 8 | | valuation of the district, until such time as all
| 9 | | redevelopment project costs have been paid, as provided in | 10 | | Section 11-74.4-8
of the Tax Increment Allocation | 11 | | Redevelopment Act or in Section 11-74.6-35 of
the | 12 | | Industrial Jobs Recovery Law. For the purpose of
the | 13 | | equalized assessed valuation of the
district, the total | 14 | | initial equalized assessed valuation or the current
| 15 | | equalized assessed valuation, whichever is lower, shall be | 16 | | used until
such time as all redevelopment project costs | 17 | | have been paid. | 18 | | (b) The real property equalized assessed valuation for | 19 | | a school district
shall be adjusted by subtracting from the | 20 | | real property
value as equalized or assessed by the | 21 | | Department of Revenue for the
district an amount computed | 22 | | by dividing the amount of any abatement of
taxes under | 23 | | Section 18-170 of the Property Tax Code by 3.00% for a | 24 | | district
maintaining grades kindergarten through 12, by | 25 | | 2.30% for a district
maintaining grades kindergarten | 26 | | through 8, or by 1.05% for a
district
maintaining grades 9 |
| | | 09700SB0628sam001 | - 23 - | LRB097 04412 NHT 54075 a |
|
| 1 | | through 12 and adjusted by an amount computed by dividing
| 2 | | the amount of any abatement of taxes under subsection (a) | 3 | | of Section 18-165 of
the Property Tax Code by the same | 4 | | percentage rates for district type as
specified in this | 5 | | subparagraph (b). | 6 | | (3) For the 1999-2000 school year and each school year | 7 | | thereafter, if a
school district meets all of the criteria of | 8 | | this subsection (G)(3), the school
district's Available Local | 9 | | Resources shall be calculated under subsection (D)
using the | 10 | | district's Extension Limitation Equalized Assessed Valuation | 11 | | as
calculated under this
subsection (G)(3). | 12 | | For purposes of this subsection (G)(3) the following terms | 13 | | shall have
the following meanings: | 14 | | "Budget Year": The school year for which general State | 15 | | aid is calculated
and
awarded under subsection (E). | 16 | | "Base Tax Year": The property tax levy year used to | 17 | | calculate the Budget
Year
allocation of general State aid. | 18 | | "Preceding Tax Year": The property tax levy year | 19 | | immediately preceding the
Base Tax Year. | 20 | | "Base Tax Year's Tax Extension": The product of the | 21 | | equalized assessed
valuation utilized by the County Clerk | 22 | | in the Base Tax Year multiplied by the
limiting rate as | 23 | | calculated by the County Clerk and defined in the Property | 24 | | Tax
Extension Limitation Law. | 25 | | "Preceding Tax Year's Tax Extension": The product of | 26 | | the equalized assessed
valuation utilized by the County |
| | | 09700SB0628sam001 | - 24 - | LRB097 04412 NHT 54075 a |
|
| 1 | | Clerk in the Preceding Tax Year multiplied by
the Operating | 2 | | Tax Rate as defined in subsection (A). | 3 | | "Extension Limitation Ratio": A numerical ratio, | 4 | | certified by the
County Clerk, in which the numerator is | 5 | | the Base Tax Year's Tax
Extension and the denominator is | 6 | | the Preceding Tax Year's Tax Extension. | 7 | | "Operating Tax Rate": The operating tax rate as defined | 8 | | in subsection (A). | 9 | | If a school district is subject to property tax extension | 10 | | limitations as
imposed under
the Property Tax Extension | 11 | | Limitation Law, the State Board of Education shall
calculate | 12 | | the Extension
Limitation
Equalized Assessed Valuation of that | 13 | | district. For the 1999-2000 school
year, the
Extension | 14 | | Limitation Equalized Assessed Valuation of a school district as
| 15 | | calculated by the State Board of Education shall be equal to | 16 | | the product of the
district's 1996 Equalized Assessed Valuation | 17 | | and the district's Extension
Limitation Ratio. Except as | 18 | | otherwise provided in this paragraph for a school district that | 19 | | has approved or does approve an increase in its limiting rate, | 20 | | for the 2000-2001 school year and each school year
thereafter,
| 21 | | the Extension Limitation Equalized Assessed Valuation of a | 22 | | school district as
calculated by the State Board of Education | 23 | | shall be equal to the product of
the Equalized Assessed | 24 | | Valuation last used in the calculation of general State
aid and | 25 | | the
district's Extension Limitation Ratio. If the Extension | 26 | | Limitation
Equalized
Assessed Valuation of a school district as |
| | | 09700SB0628sam001 | - 25 - | LRB097 04412 NHT 54075 a |
|
| 1 | | calculated under
this subsection (G)(3) is less than the | 2 | | district's equalized assessed valuation
as calculated pursuant | 3 | | to subsections (G)(1) and (G)(2), then for purposes of
| 4 | | calculating the district's general State aid for the Budget | 5 | | Year pursuant to
subsection (E), that Extension
Limitation | 6 | | Equalized Assessed Valuation shall be utilized to calculate the
| 7 | | district's Available Local Resources
under subsection (D). For | 8 | | the 2009-2010 school year and each school year thereafter, if a | 9 | | school district has approved or does approve an increase in its | 10 | | limiting rate, pursuant to Section 18-190 of the Property Tax | 11 | | Code, affecting the Base Tax Year, the Extension Limitation | 12 | | Equalized Assessed Valuation of the school district, as | 13 | | calculated by the State Board of Education, shall be equal to | 14 | | the product of the Equalized Assessed Valuation last used in | 15 | | the calculation of general State aid times an amount equal to | 16 | | one plus the percentage increase, if any, in the Consumer Price | 17 | | Index for all Urban Consumers for all items published by the | 18 | | United States Department of Labor for the 12-month calendar | 19 | | year preceding the Base Tax Year, plus the Equalized Assessed | 20 | | Valuation of new property, annexed property, and recovered tax | 21 | | increment value and minus the Equalized Assessed Valuation of | 22 | | disconnected property. New property and recovered tax | 23 | | increment value shall have the meanings set forth in the | 24 | | Property Tax Extension Limitation Law. | 25 | | Partial elementary unit districts created in accordance | 26 | | with Article 11E of this Code shall not be eligible for the |
| | | 09700SB0628sam001 | - 26 - | LRB097 04412 NHT 54075 a |
|
| 1 | | adjustment in this subsection (G)(3) until the fifth year | 2 | | following the effective date of the reorganization.
| 3 | | (3.5) For the 2010-2011 school year and each school year | 4 | | thereafter, if a school district's boundaries span multiple | 5 | | counties, then the Department of Revenue shall send to the | 6 | | State Board of Education, for the purpose of calculating | 7 | | general State aid, the limiting rate and individual rates by | 8 | | purpose for the county that contains the majority of the school | 9 | | district's Equalized Assessed Valuation. | 10 | | (4) For the purposes of calculating general State aid for | 11 | | the 1999-2000
school year only, if a school district | 12 | | experienced a triennial reassessment on
the equalized assessed | 13 | | valuation used in calculating its general State
financial aid | 14 | | apportionment for the 1998-1999 school year, the State Board of
| 15 | | Education shall calculate the Extension Limitation Equalized | 16 | | Assessed Valuation
that would have been used to calculate the | 17 | | district's 1998-1999 general State
aid. This amount shall equal | 18 | | the product of the equalized assessed valuation
used to
| 19 | | calculate general State aid for the 1997-1998 school year and | 20 | | the district's
Extension Limitation Ratio. If the Extension | 21 | | Limitation Equalized Assessed
Valuation of the school district | 22 | | as calculated under this paragraph (4) is
less than the | 23 | | district's equalized assessed valuation utilized in | 24 | | calculating
the
district's 1998-1999 general State aid | 25 | | allocation, then for purposes of
calculating the district's | 26 | | general State aid pursuant to paragraph (5) of
subsection (E),
|
| | | 09700SB0628sam001 | - 27 - | LRB097 04412 NHT 54075 a |
|
| 1 | | that Extension Limitation Equalized Assessed Valuation shall | 2 | | be utilized to
calculate the district's Available Local | 3 | | Resources. | 4 | | (5) For school districts having a majority of their | 5 | | equalized assessed
valuation in any county except Cook, DuPage, | 6 | | Kane, Lake, McHenry, or Will, if
the amount of general State | 7 | | aid allocated to the school district for the
1999-2000 school | 8 | | year under the provisions of subsection (E), (H), and (J) of
| 9 | | this Section is less than the amount of general State aid | 10 | | allocated to the
district for the 1998-1999 school year under | 11 | | these subsections, then the
general
State aid of the district | 12 | | for the 1999-2000 school year only shall be increased
by the | 13 | | difference between these amounts. The total payments made under | 14 | | this
paragraph (5) shall not exceed $14,000,000. Claims shall | 15 | | be prorated if they
exceed $14,000,000.
| 16 | | (H) Supplemental General State Aid. | 17 | | (1) In addition to the general State aid a school district | 18 | | is allotted
pursuant to subsection (E), qualifying school | 19 | | districts shall receive a grant,
paid in conjunction with a | 20 | | district's payments of general State aid, for
supplemental | 21 | | general State aid based upon the concentration level of | 22 | | children
from low-income households within the school | 23 | | district.
Supplemental State aid grants provided for school | 24 | | districts under this
subsection shall be appropriated for | 25 | | distribution to school districts as part
of the same line item |
| | | 09700SB0628sam001 | - 28 - | LRB097 04412 NHT 54075 a |
|
| 1 | | in which the general State financial aid of school
districts is | 2 | | appropriated under this Section.
| 3 | | (1.5) This paragraph (1.5) applies only to those school | 4 | | years
preceding the 2003-2004 school year.
For purposes of this
| 5 | | subsection (H), the term "Low-Income Concentration Level" | 6 | | shall be the
low-income
eligible pupil count from the most | 7 | | recently available federal census divided by
the Average Daily | 8 | | Attendance of the school district.
If, however, (i) the | 9 | | percentage decrease from the 2 most recent federal
censuses
in | 10 | | the low-income eligible pupil count of a high school district | 11 | | with fewer
than 400 students exceeds by 75% or more the | 12 | | percentage change in the total
low-income eligible pupil count | 13 | | of contiguous elementary school districts,
whose boundaries | 14 | | are coterminous with the high school district,
or (ii) a high | 15 | | school district within 2 counties and serving 5 elementary
| 16 | | school
districts, whose boundaries are coterminous with the | 17 | | high school
district, has a percentage decrease from the 2 most | 18 | | recent federal
censuses in the low-income eligible pupil count | 19 | | and there is a percentage
increase in the total low-income | 20 | | eligible pupil count of a majority of the
elementary school | 21 | | districts in excess of 50% from the 2 most recent
federal | 22 | | censuses, then
the
high school district's low-income eligible | 23 | | pupil count from the earlier federal
census
shall be the number | 24 | | used as the low-income eligible pupil count for the high
school | 25 | | district, for purposes of this subsection (H).
The changes made | 26 | | to this paragraph (1) by Public Act 92-28 shall apply to
|
| | | 09700SB0628sam001 | - 29 - | LRB097 04412 NHT 54075 a |
|
| 1 | | supplemental general State aid
grants for school years | 2 | | preceding the 2003-2004 school year that are paid
in fiscal | 3 | | year 1999 or thereafter
and to
any State aid payments made in | 4 | | fiscal year 1994 through fiscal year
1998 pursuant to | 5 | | subsection 1(n) of Section 18-8 of this Code (which was
| 6 | | repealed on July 1, 1998), and any high school district that is | 7 | | affected by
Public Act 92-28 is
entitled to a
recomputation of | 8 | | its supplemental general State aid grant or State aid
paid in | 9 | | any of those fiscal years. This recomputation shall not be
| 10 | | affected by any other funding. | 11 | | (1.10) This paragraph (1.10) applies to the 2003-2004 | 12 | | school year
and each school year thereafter. For purposes of | 13 | | this subsection (H), the
term "Low-Income Concentration Level" | 14 | | shall, for each fiscal year, be the
low-income eligible
pupil | 15 | | count
as of July 1 of the immediately preceding fiscal year
(as | 16 | | determined by the Department of Human Services based
on the | 17 | | number of pupils
who are eligible for at least one of the | 18 | | following
low income programs: Medicaid, the Children's Health | 19 | | Insurance Program, TANF, or Food Stamps,
excluding pupils who | 20 | | are eligible for services provided by the Department
of | 21 | | Children and Family Services,
averaged over
the 2 immediately | 22 | | preceding fiscal years for fiscal year 2004 and over the 3
| 23 | | immediately preceding fiscal years for each fiscal year | 24 | | thereafter)
divided by the Average Daily Attendance of the | 25 | | school district. | 26 | | (2) Supplemental general State aid pursuant to this |
| | | 09700SB0628sam001 | - 30 - | LRB097 04412 NHT 54075 a |
|
| 1 | | subsection (H) shall
be
provided as follows for the 1998-1999, | 2 | | 1999-2000, and 2000-2001 school years
only: | 3 | | (a) For any school district with a Low Income | 4 | | Concentration Level of at
least 20% and less than 35%, the | 5 | | grant for any school year
shall be $800
multiplied by the | 6 | | low income eligible pupil count. | 7 | | (b) For any school district with a Low Income | 8 | | Concentration Level of at
least 35% and less than 50%, the | 9 | | grant for the 1998-1999 school year shall be
$1,100 | 10 | | multiplied by the low income eligible pupil count. | 11 | | (c) For any school district with a Low Income | 12 | | Concentration Level of at
least 50% and less than 60%, the | 13 | | grant for the 1998-99 school year shall be
$1,500 | 14 | | multiplied by the low income eligible pupil count. | 15 | | (d) For any school district with a Low Income | 16 | | Concentration Level of 60%
or more, the grant for the | 17 | | 1998-99 school year shall be $1,900 multiplied by
the low | 18 | | income eligible pupil count. | 19 | | (e) For the 1999-2000 school year, the per pupil amount | 20 | | specified in
subparagraphs (b), (c), and (d) immediately | 21 | | above shall be increased to $1,243,
$1,600, and $2,000, | 22 | | respectively. | 23 | | (f) For the 2000-2001 school year, the per pupil | 24 | | amounts specified in
subparagraphs (b), (c), and (d) | 25 | | immediately above shall be
$1,273, $1,640, and $2,050, | 26 | | respectively. |
| | | 09700SB0628sam001 | - 31 - | LRB097 04412 NHT 54075 a |
|
| 1 | | (2.5) Supplemental general State aid pursuant to this | 2 | | subsection (H)
shall be provided as follows for the 2002-2003 | 3 | | school year: | 4 | | (a) For any school district with a Low Income | 5 | | Concentration Level of less
than 10%, the grant for each | 6 | | school year shall be $355 multiplied by the low
income | 7 | | eligible pupil count. | 8 | | (b) For any school district with a Low Income | 9 | | Concentration
Level of at least 10% and less than 20%, the | 10 | | grant for each school year shall
be $675
multiplied by the | 11 | | low income eligible pupil
count. | 12 | | (c) For any school district with a Low Income | 13 | | Concentration
Level of at least 20% and less than 35%, the | 14 | | grant for each school year shall
be $1,330
multiplied by | 15 | | the low income eligible pupil
count. | 16 | | (d) For any school district with a Low Income | 17 | | Concentration
Level of at least 35% and less than 50%, the | 18 | | grant for each school year shall
be $1,362
multiplied by | 19 | | the low income eligible pupil
count. | 20 | | (e) For any school district with a Low Income | 21 | | Concentration
Level of at least 50% and less than 60%, the | 22 | | grant for each school year shall
be $1,680
multiplied by | 23 | | the low income eligible pupil
count. | 24 | | (f) For any school district with a Low Income | 25 | | Concentration
Level of 60% or more, the grant for each | 26 | | school year shall be $2,080
multiplied by the low income |
| | | 09700SB0628sam001 | - 32 - | LRB097 04412 NHT 54075 a |
|
| 1 | | eligible pupil count. | 2 | | (2.10) Except as otherwise provided, supplemental general | 3 | | State aid
pursuant to this subsection
(H) shall be provided as | 4 | | follows for the 2003-2004 school year and each
school year | 5 | | thereafter: | 6 | | (a) For any school district with a Low Income | 7 | | Concentration
Level of 15% or less, the grant for each | 8 | | school year
shall be $355 multiplied by the low income | 9 | | eligible pupil count. | 10 | | (b) For any school district with a Low Income | 11 | | Concentration
Level greater than 15%, the grant for each | 12 | | school year shall be
$294.25 added to the product of $2,700 | 13 | | and the square of the Low
Income Concentration Level, all | 14 | | multiplied by the low income
eligible pupil count. | 15 | | For the 2003-2004 school year and each school year | 16 | | thereafter through the 2008-2009 school year only, the grant | 17 | | shall be no less than the
grant
for
the 2002-2003 school year. | 18 | | For the 2009-2010 school year only, the grant shall
be no
less | 19 | | than the grant for the 2002-2003 school year multiplied by | 20 | | 0.66. For the 2010-2011
school year only, the grant shall be no | 21 | | less than the grant for the 2002-2003
school year
multiplied by | 22 | | 0.33. Notwithstanding the provisions of this paragraph to the | 23 | | contrary, if for any school year supplemental general State aid | 24 | | grants are prorated as provided in paragraph (1) of this | 25 | | subsection (H), then the grants under this paragraph shall be | 26 | | prorated.
|
| | | 09700SB0628sam001 | - 33 - | LRB097 04412 NHT 54075 a |
|
| 1 | | For the 2003-2004 school year only, the grant shall be no | 2 | | greater
than the grant received during the 2002-2003 school | 3 | | year added to the
product of 0.25 multiplied by the difference | 4 | | between the grant amount
calculated under subsection (a) or (b) | 5 | | of this paragraph (2.10), whichever
is applicable, and the | 6 | | grant received during the 2002-2003 school year.
For the | 7 | | 2004-2005 school year only, the grant shall be no greater than
| 8 | | the grant received during the 2002-2003 school year added to | 9 | | the
product of 0.50 multiplied by the difference between the | 10 | | grant amount
calculated under subsection (a) or (b) of this | 11 | | paragraph (2.10), whichever
is applicable, and the grant | 12 | | received during the 2002-2003 school year.
For the 2005-2006 | 13 | | school year only, the grant shall be no greater than
the grant | 14 | | received during the 2002-2003 school year added to the
product | 15 | | of 0.75 multiplied by the difference between the grant amount
| 16 | | calculated under subsection (a) or (b) of this paragraph | 17 | | (2.10), whichever
is applicable, and the grant received during | 18 | | the 2002-2003
school year. | 19 | | (3) School districts with an Average Daily Attendance of | 20 | | more than 1,000
and less than 50,000 that qualify for | 21 | | supplemental general State aid pursuant
to this subsection | 22 | | shall submit a plan to the State Board of Education prior to
| 23 | | October 30 of each year for the use of the funds resulting from | 24 | | this grant of
supplemental general State aid for the | 25 | | improvement of
instruction in which priority is given to | 26 | | meeting the education needs of
disadvantaged children. Such |
| | | 09700SB0628sam001 | - 34 - | LRB097 04412 NHT 54075 a |
|
| 1 | | plan shall be submitted in accordance with
rules and | 2 | | regulations promulgated by the State Board of Education. | 3 | | (4) School districts with an Average Daily Attendance of | 4 | | 50,000 or more
that qualify for supplemental general State aid | 5 | | pursuant to this subsection
shall be required to distribute | 6 | | from funds available pursuant to this Section,
no less than | 7 | | $261,000,000 in accordance with the following requirements: | 8 | | (a) The required amounts shall be distributed to the | 9 | | attendance centers
within the district in proportion to the | 10 | | number of pupils enrolled at each
attendance center who are | 11 | | eligible to receive free or reduced-price lunches or
| 12 | | breakfasts under the federal Child Nutrition Act of 1966 | 13 | | and under the National
School Lunch Act during the | 14 | | immediately preceding school year. | 15 | | (b) The distribution of these portions of supplemental | 16 | | and general State
aid among attendance centers according to | 17 | | these requirements shall not be
compensated for or | 18 | | contravened by adjustments of the total of other funds
| 19 | | appropriated to any attendance centers, and the Board of | 20 | | Education shall
utilize funding from one or several sources | 21 | | in order to fully implement this
provision annually prior | 22 | | to the opening of school. | 23 | | (c) Each attendance center shall be provided by the
| 24 | | school district a distribution of noncategorical funds and | 25 | | other
categorical funds to which an attendance center is | 26 | | entitled under law in
order that the general State aid and |
| | | 09700SB0628sam001 | - 35 - | LRB097 04412 NHT 54075 a |
|
| 1 | | supplemental general State aid provided
by application of | 2 | | this subsection supplements rather than supplants the
| 3 | | noncategorical funds and other categorical funds provided | 4 | | by the school
district to the attendance centers. | 5 | | (d) Any funds made available under this subsection that | 6 | | by reason of the
provisions of this subsection are not
| 7 | | required to be allocated and provided to attendance centers | 8 | | may be used and
appropriated by the board of the district | 9 | | for any lawful school purpose. | 10 | | (e) Funds received by an attendance center
pursuant to | 11 | | this
subsection shall be used
by the attendance center at | 12 | | the discretion
of the principal and local school council | 13 | | for programs to improve educational
opportunities at | 14 | | qualifying schools through the following programs and
| 15 | | services: early childhood education, reduced class size or | 16 | | improved adult to
student classroom ratio, enrichment | 17 | | programs, remedial assistance, attendance
improvement, and | 18 | | other educationally beneficial expenditures which
| 19 | | supplement
the regular and basic programs as determined by | 20 | | the State Board of Education.
Funds provided shall not be | 21 | | expended for any political or lobbying purposes
as defined | 22 | | by board rule. | 23 | | (f) Each district subject to the provisions of this | 24 | | subdivision (H)(4)
shall submit an
acceptable plan to meet | 25 | | the educational needs of disadvantaged children, in
| 26 | | compliance with the requirements of this paragraph, to the |
| | | 09700SB0628sam001 | - 36 - | LRB097 04412 NHT 54075 a |
|
| 1 | | State Board of
Education prior to July 15 of each year. | 2 | | This plan shall be consistent with the
decisions of local | 3 | | school councils concerning the school expenditure plans
| 4 | | developed in accordance with part 4 of Section 34-2.3. The | 5 | | State Board shall
approve or reject the plan within 60 days | 6 | | after its submission. If the plan is
rejected, the district | 7 | | shall give written notice of intent to modify the plan
| 8 | | within 15 days of the notification of rejection and then | 9 | | submit a modified plan
within 30 days after the date of the | 10 | | written notice of intent to modify.
Districts may amend | 11 | | approved plans pursuant to rules promulgated by the State
| 12 | | Board of Education. | 13 | | Upon notification by the State Board of Education that | 14 | | the district has
not submitted a plan prior to July 15 or a | 15 | | modified plan within the time
period specified herein, the
| 16 | | State aid funds affected by that plan or modified plan | 17 | | shall be withheld by the
State Board of Education until a | 18 | | plan or modified plan is submitted. | 19 | | If the district fails to distribute State aid to | 20 | | attendance centers in
accordance with an approved plan, the | 21 | | plan for the following year shall
allocate funds, in | 22 | | addition to the funds otherwise required by this
| 23 | | subsection, to those attendance centers which were | 24 | | underfunded during the
previous year in amounts equal to | 25 | | such underfunding. | 26 | | For purposes of determining compliance with this |
| | | 09700SB0628sam001 | - 37 - | LRB097 04412 NHT 54075 a |
|
| 1 | | subsection in relation
to the requirements of attendance | 2 | | center funding, each district subject to the
provisions of | 3 | | this
subsection shall submit as a separate document by | 4 | | December 1 of each year a
report of expenditure data for | 5 | | the prior year in addition to any
modification of its | 6 | | current plan. If it is determined that there has been
a | 7 | | failure to comply with the expenditure provisions of this | 8 | | subsection
regarding contravention or supplanting, the | 9 | | State Superintendent of
Education shall, within 60 days of | 10 | | receipt of the report, notify the
district and any affected | 11 | | local school council. The district shall within
45 days of | 12 | | receipt of that notification inform the State | 13 | | Superintendent of
Education of the remedial or corrective | 14 | | action to be taken, whether by
amendment of the current | 15 | | plan, if feasible, or by adjustment in the plan
for the | 16 | | following year. Failure to provide the expenditure report | 17 | | or the
notification of remedial or corrective action in a | 18 | | timely manner shall
result in a withholding of the affected | 19 | | funds. | 20 | | The State Board of Education shall promulgate rules and | 21 | | regulations
to implement the provisions of this | 22 | | subsection. No funds shall be released
under this | 23 | | subdivision (H)(4) to any district that has not submitted a | 24 | | plan
that has been approved by the State Board of | 25 | | Education.
|
| | | 09700SB0628sam001 | - 38 - | LRB097 04412 NHT 54075 a |
|
| 1 | | (I) (Blank).
| 2 | | (J) Supplementary Grants in Aid. | 3 | | (1) Notwithstanding any other provisions of this Section, | 4 | | the amount of the
aggregate general State aid in combination | 5 | | with supplemental general State aid
under this Section for | 6 | | which
each school district is eligible shall be no
less than | 7 | | the amount of the aggregate general State aid entitlement that | 8 | | was
received by the district under Section
18-8 (exclusive of | 9 | | amounts received
under subsections 5(p) and 5(p-5) of that | 10 | | Section)
for the 1997-98 school year,
pursuant to the | 11 | | provisions of that Section as it was then in effect.
If a | 12 | | school district qualifies to receive a supplementary payment | 13 | | made under
this subsection (J), the amount
of the aggregate | 14 | | general State aid in combination with supplemental general
| 15 | | State aid under this Section
which that district is eligible to | 16 | | receive for each school year shall be no less than the amount | 17 | | of the aggregate
general State aid entitlement that was | 18 | | received by the district under
Section 18-8 (exclusive of | 19 | | amounts received
under subsections 5(p) and 5(p-5) of that | 20 | | Section)
for the 1997-1998 school year, pursuant to the | 21 | | provisions of that
Section as it was then in effect. | 22 | | (2) If, as provided in paragraph (1) of this subsection | 23 | | (J), a school
district is to receive aggregate general State | 24 | | aid in
combination with supplemental general State aid under | 25 | | this Section for the 1998-99 school year and any subsequent |
| | | 09700SB0628sam001 | - 39 - | LRB097 04412 NHT 54075 a |
|
| 1 | | school
year that in any such school year is less than the | 2 | | amount of the aggregate
general
State
aid entitlement that the | 3 | | district received for the 1997-98 school year, the
school | 4 | | district shall also receive, from a separate appropriation made | 5 | | for
purposes of this subsection (J), a supplementary payment | 6 | | that is equal to the
amount of the difference in the aggregate | 7 | | State aid figures as described in
paragraph (1). | 8 | | (3) (Blank).
| 9 | | (K) Grants to Laboratory and Alternative Schools. | 10 | | In calculating the amount to be paid to the governing board | 11 | | of a public
university that operates a laboratory school under | 12 | | this Section or to any
alternative school that is operated by a | 13 | | regional superintendent of schools,
the State
Board of | 14 | | Education shall require by rule such reporting requirements as | 15 | | it
deems necessary. | 16 | | As used in this Section, "laboratory school" means a public | 17 | | school which is
created and operated by a public university and | 18 | | approved by the State Board of
Education. The governing board | 19 | | of a public university which receives funds
from the State | 20 | | Board under this subsection (K) may not increase the number of
| 21 | | students enrolled in its laboratory
school from a single | 22 | | district, if that district is already sending 50 or more
| 23 | | students, except under a mutual agreement between the school | 24 | | board of a
student's district of residence and the university | 25 | | which operates the
laboratory school. A laboratory school may |
| | | 09700SB0628sam001 | - 40 - | LRB097 04412 NHT 54075 a |
|
| 1 | | not have more than 1,000 students,
excluding students with | 2 | | disabilities in a special education program. | 3 | | As used in this Section, "alternative school" means a | 4 | | public school which is
created and operated by a Regional | 5 | | Superintendent of Schools and approved by
the State Board of | 6 | | Education. Such alternative schools may offer courses of
| 7 | | instruction for which credit is given in regular school | 8 | | programs, courses to
prepare students for the high school | 9 | | equivalency testing program or vocational
and occupational | 10 | | training. A regional superintendent of schools may contract
| 11 | | with a school district or a public community college district | 12 | | to operate an
alternative school. An alternative school serving | 13 | | more than one educational
service region may be established by | 14 | | the regional superintendents of schools
of the affected | 15 | | educational service regions. An alternative school
serving | 16 | | more than one educational service region may be operated under | 17 | | such
terms as the regional superintendents of schools of those | 18 | | educational service
regions may agree. | 19 | | Each laboratory and alternative school shall file, on forms | 20 | | provided by the
State Superintendent of Education, an annual | 21 | | State aid claim which states the
Average Daily Attendance of | 22 | | the school's students by month. The best 3 months'
Average | 23 | | Daily Attendance shall be computed for each school.
The general | 24 | | State aid entitlement shall be computed by multiplying the
| 25 | | applicable Average Daily Attendance by the Foundation Level as | 26 | | determined under
this Section.
|
| | | 09700SB0628sam001 | - 41 - | LRB097 04412 NHT 54075 a |
|
| 1 | | (L) Payments, Additional Grants in Aid and Other Requirements. | 2 | | (1) For a school district operating under the financial | 3 | | supervision
of an Authority created under Article 34A, the | 4 | | general State aid otherwise
payable to that district under this | 5 | | Section, but not the supplemental general
State aid, shall be | 6 | | reduced by an amount equal to the budget for
the operations of | 7 | | the Authority as certified by the Authority to the State
Board | 8 | | of Education, and an amount equal to such reduction shall be | 9 | | paid
to the Authority created for such district for its | 10 | | operating expenses in
the manner provided in Section 18-11. The | 11 | | remainder
of general State school aid for any such district | 12 | | shall be paid in accordance
with Article 34A when that Article | 13 | | provides for a disposition other than that
provided by this | 14 | | Article. | 15 | | (2) (Blank). | 16 | | (3) Summer school. Summer school payments shall be made as | 17 | | provided in
Section 18-4.3.
| 18 | | (M) Education Funding Advisory Board. | 19 | | The Education Funding Advisory
Board, hereinafter in this | 20 | | subsection (M) referred to as the "Board", is hereby
created. | 21 | | The Board
shall consist of 5 members who are appointed by the | 22 | | Governor, by and with the
advice and consent of the Senate. The | 23 | | members appointed shall include
representatives of education, | 24 | | business, and the general public. One of the
members so |
| | | 09700SB0628sam001 | - 42 - | LRB097 04412 NHT 54075 a |
|
| 1 | | appointed shall be
designated by the Governor at the time the | 2 | | appointment is made as the
chairperson of the
Board.
The | 3 | | initial members of the Board may
be appointed any time after | 4 | | the effective date of this amendatory Act of
1997. The regular | 5 | | term of each member of the
Board shall be for 4 years from the | 6 | | third Monday of January of the
year in which the term of the | 7 | | member's appointment is to commence, except that
of the 5 | 8 | | initial members appointed to serve on the
Board, the member who | 9 | | is appointed as the chairperson shall serve for
a term that | 10 | | commences on the date of his or her appointment and expires on | 11 | | the
third Monday of January, 2002, and the remaining 4 members, | 12 | | by lots drawn at
the first meeting of the Board that is
held
| 13 | | after all 5 members are appointed, shall determine 2 of their | 14 | | number to serve
for terms that commence on the date of their
| 15 | | respective appointments and expire on the third
Monday of | 16 | | January, 2001,
and 2 of their number to serve for terms that | 17 | | commence
on the date of their respective appointments and | 18 | | expire on the third Monday
of January, 2000. All members | 19 | | appointed to serve on the
Board shall serve until their | 20 | | respective successors are
appointed and confirmed. Vacancies | 21 | | shall be filled in the same manner as
original appointments. If | 22 | | a vacancy in membership occurs at a time when the
Senate is not | 23 | | in session, the Governor shall make a temporary appointment | 24 | | until
the next meeting of the Senate, when he or she shall | 25 | | appoint, by and with the
advice and consent of the Senate, a | 26 | | person to fill that membership for the
unexpired term. If the |
| | | 09700SB0628sam001 | - 43 - | LRB097 04412 NHT 54075 a |
|
| 1 | | Senate is not in session when the initial appointments
are | 2 | | made, those appointments shall
be made as in the case of | 3 | | vacancies. | 4 | | The Education Funding Advisory Board shall be deemed | 5 | | established,
and the initial
members appointed by the Governor | 6 | | to serve as members of the
Board shall take office,
on the date | 7 | | that the
Governor makes his or her appointment of the fifth | 8 | | initial member of the
Board, whether those initial members are | 9 | | then serving
pursuant to appointment and confirmation or | 10 | | pursuant to temporary appointments
that are made by the | 11 | | Governor as in the case of vacancies. | 12 | | The State Board of Education shall provide such staff | 13 | | assistance to the
Education Funding Advisory Board as is | 14 | | reasonably required for the proper
performance by the Board of | 15 | | its responsibilities. | 16 | | For school years after the 2000-2001 school year, the | 17 | | Education
Funding Advisory Board, in consultation with the | 18 | | State Board of Education,
shall make recommendations as | 19 | | provided in this subsection (M) to the General
Assembly for the | 20 | | foundation level under subdivision (B)(3) of this Section and
| 21 | | for the
supplemental general State aid grant level under | 22 | | subsection (H) of this Section
for districts with high | 23 | | concentrations of children from poverty. The
recommended | 24 | | foundation level shall be determined based on a methodology | 25 | | which
incorporates the basic education expenditures of | 26 | | low-spending schools
exhibiting high academic performance. The |
| | | 09700SB0628sam001 | - 44 - | LRB097 04412 NHT 54075 a |
|
| 1 | | Education Funding Advisory Board
shall make such | 2 | | recommendations to the General Assembly on January 1 of odd
| 3 | | numbered years, beginning January 1, 2001.
| 4 | | (N) (Blank).
| 5 | | (O) References. | 6 | | (1) References in other laws to the various subdivisions of
| 7 | | Section 18-8 as that Section existed before its repeal and | 8 | | replacement by this
Section 18-8.05 shall be deemed to refer to | 9 | | the corresponding provisions of
this Section 18-8.05, to the | 10 | | extent that those references remain applicable. | 11 | | (2) References in other laws to State Chapter 1 funds shall | 12 | | be deemed to
refer to the supplemental general State aid | 13 | | provided under subsection (H) of
this Section. | 14 | | (P) Public Act 93-838 and Public Act 93-808 make inconsistent | 15 | | changes to this Section. Under Section 6 of the Statute on | 16 | | Statutes there is an irreconcilable conflict between Public Act | 17 | | 93-808 and Public Act 93-838. Public Act 93-838, being the last | 18 | | acted upon, is controlling. The text of Public Act 93-838 is | 19 | | the law regardless of the text of Public Act 93-808. | 20 | | (Source: P.A. 95-331, eff. 8-21-07; 95-644, eff. 10-12-07; | 21 | | 95-707, eff. 1-11-08; 95-744, eff. 7-18-08; 95-903, eff. | 22 | | 8-25-08; 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, eff. | 23 | | 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; 96-959, |
| | | 09700SB0628sam001 | - 45 - | LRB097 04412 NHT 54075 a |
|
| 1 | | eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff. 11-18-10; | 2 | | revised 11-24-10.)
| 3 | | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| 4 | | Sec. 34-18. Powers of the board. The board shall exercise | 5 | | general
supervision and jurisdiction over the public education | 6 | | and the public
school system of the city, and, except as | 7 | | otherwise provided by this
Article, shall have power:
| 8 | | 1. To make suitable provision for the establishment and | 9 | | maintenance
throughout the year or for such portion thereof | 10 | | as it may direct, but for not
less than the minimum term | 11 | | required by Section 10-19 of this Code in order to ensure | 12 | | the minimum number of days of actual pupil attendance as
| 13 | | required by Section 10-19 9 months , of schools of all | 14 | | grades and kinds, including normal
schools, high schools, | 15 | | night schools, schools for defectives and
delinquents, | 16 | | parental and truant schools, schools for the blind, the
| 17 | | deaf and the crippled, schools or classes in manual | 18 | | training,
constructural and vocational teaching, domestic | 19 | | arts and physical
culture, vocation and extension schools | 20 | | and lecture courses, and all
other educational courses and | 21 | | facilities, including establishing,
equipping, maintaining | 22 | | and operating playgrounds and recreational
programs, when | 23 | | such programs are conducted in, adjacent to, or connected
| 24 | | with any public school under the general supervision and | 25 | | jurisdiction
of the board; provided that the calendar for |
| | | 09700SB0628sam001 | - 46 - | LRB097 04412 NHT 54075 a |
|
| 1 | | the school term and any changes must be submitted to and | 2 | | approved by the State Board of Education before the | 3 | | calendar or changes may take effect, and provided that in | 4 | | allocating funds
from year to year for the operation of all | 5 | | attendance centers within the
district, the board shall | 6 | | ensure that supplemental general State aid funds
are | 7 | | allocated and applied in accordance with Section 18-8 or | 8 | | 18-8.05. To
admit to such
schools without charge foreign | 9 | | exchange students who are participants in
an organized | 10 | | exchange student program which is authorized by the board.
| 11 | | The board shall permit all students to enroll in | 12 | | apprenticeship programs
in trade schools operated by the | 13 | | board, whether those programs are
union-sponsored or not. | 14 | | No student shall be refused admission into or
be excluded | 15 | | from any course of instruction offered in the common | 16 | | schools
by reason of that student's sex. No student shall | 17 | | be denied equal
access to physical education and | 18 | | interscholastic athletic programs
supported from school | 19 | | district funds or denied participation in
comparable | 20 | | physical education and athletic programs solely by reason | 21 | | of
the student's sex. Equal access to programs supported | 22 | | from school
district funds and comparable programs will be | 23 | | defined in rules
promulgated by the State Board of | 24 | | Education in
consultation with the Illinois High School | 25 | | Association.
Notwithstanding any other provision of this | 26 | | Article, neither the board
of education nor any local |
| | | 09700SB0628sam001 | - 47 - | LRB097 04412 NHT 54075 a |
|
| 1 | | school council or other school official shall
recommend | 2 | | that children with disabilities be placed into regular | 3 | | education
classrooms unless those children with | 4 | | disabilities are provided with
supplementary services to | 5 | | assist them so that they benefit from the regular
classroom | 6 | | instruction and are included on the teacher's regular | 7 | | education
class register;
| 8 | | 2. To furnish lunches to pupils, to make a reasonable | 9 | | charge
therefor, and to use school funds for the payment of | 10 | | such expenses as
the board may determine are necessary in | 11 | | conducting the school lunch
program;
| 12 | | 3. To co-operate with the circuit court;
| 13 | | 4. To make arrangements with the public or quasi-public | 14 | | libraries
and museums for the use of their facilities by | 15 | | teachers and pupils of
the public schools;
| 16 | | 5. To employ dentists and prescribe their duties for | 17 | | the purpose of
treating the pupils in the schools, but | 18 | | accepting such treatment shall
be optional with parents or | 19 | | guardians;
| 20 | | 6. To grant the use of assembly halls and classrooms | 21 | | when not
otherwise needed, including light, heat, and | 22 | | attendants, for free public
lectures, concerts, and other | 23 | | educational and social interests, free of
charge, under | 24 | | such provisions and control as the principal of the
| 25 | | affected attendance center may prescribe;
| 26 | | 7. To apportion the pupils to the several schools; |
| | | 09700SB0628sam001 | - 48 - | LRB097 04412 NHT 54075 a |
|
| 1 | | provided that no pupil
shall be excluded from or segregated | 2 | | in any such school on account of his
color, race, sex, or | 3 | | nationality. The board shall take into consideration
the | 4 | | prevention of segregation and the elimination of | 5 | | separation of children
in public schools because of color, | 6 | | race, sex, or nationality. Except that
children may be | 7 | | committed to or attend parental and social adjustment | 8 | | schools
established and maintained either for boys or girls | 9 | | only. All records
pertaining to the creation, alteration or | 10 | | revision of attendance areas shall
be open to the public. | 11 | | Nothing herein shall limit the board's authority to
| 12 | | establish multi-area attendance centers or other student | 13 | | assignment systems
for desegregation purposes or | 14 | | otherwise, and to apportion the pupils to the
several | 15 | | schools. Furthermore, beginning in school year 1994-95, | 16 | | pursuant
to a board plan adopted by October 1, 1993, the | 17 | | board shall offer, commencing
on a phased-in basis, the | 18 | | opportunity for families within the school
district to | 19 | | apply for enrollment of their children in any attendance | 20 | | center
within the school district which does not have | 21 | | selective admission
requirements approved by the board. | 22 | | The appropriate geographical area in
which such open | 23 | | enrollment may be exercised shall be determined by the
| 24 | | board of education. Such children may be admitted to any | 25 | | such attendance
center on a space available basis after all | 26 | | children residing within such
attendance center's area |
| | | 09700SB0628sam001 | - 49 - | LRB097 04412 NHT 54075 a |
|
| 1 | | have been accommodated. If the number of
applicants from | 2 | | outside the attendance area exceed the space available,
| 3 | | then successful applicants shall be selected by lottery. | 4 | | The board of
education's open enrollment plan must include | 5 | | provisions that allow low
income students to have access to | 6 | | transportation needed to exercise school
choice. Open | 7 | | enrollment shall be in compliance with the provisions of | 8 | | the
Consent Decree and Desegregation Plan cited in Section | 9 | | 34-1.01;
| 10 | | 8. To approve programs and policies for providing | 11 | | transportation
services to students. Nothing herein shall | 12 | | be construed to permit or empower
the State Board of | 13 | | Education to order, mandate, or require busing or other
| 14 | | transportation of pupils for the purpose of achieving | 15 | | racial balance in any
school;
| 16 | | 9. Subject to the limitations in this Article, to | 17 | | establish and
approve system-wide curriculum objectives | 18 | | and standards, including graduation
standards, which | 19 | | reflect the
multi-cultural diversity in the city and are | 20 | | consistent with State law,
provided that for all purposes | 21 | | of this Article courses or
proficiency in American Sign | 22 | | Language shall be deemed to constitute courses
or | 23 | | proficiency in a foreign language; and to employ principals | 24 | | and teachers,
appointed as provided in this
Article, and | 25 | | fix their compensation. The board shall prepare such | 26 | | reports
related to minimal competency testing as may be |
| | | 09700SB0628sam001 | - 50 - | LRB097 04412 NHT 54075 a |
|
| 1 | | requested by the State
Board of Education, and in addition | 2 | | shall monitor and approve special
education and bilingual | 3 | | education programs and policies within the district to
| 4 | | assure that appropriate services are provided in | 5 | | accordance with applicable
State and federal laws to | 6 | | children requiring services and education in those
areas;
| 7 | | 10. To employ non-teaching personnel or utilize | 8 | | volunteer personnel
for: (i) non-teaching duties not | 9 | | requiring instructional judgment or
evaluation of pupils, | 10 | | including library duties; and (ii) supervising study
| 11 | | halls, long distance teaching reception areas used | 12 | | incident to instructional
programs transmitted by | 13 | | electronic media such as computers, video, and audio,
| 14 | | detention and discipline areas, and school-sponsored | 15 | | extracurricular
activities. The board may further utilize | 16 | | volunteer non-certificated
personnel or employ | 17 | | non-certificated personnel to
assist in the instruction of | 18 | | pupils under the immediate supervision of a
teacher holding | 19 | | a valid certificate, directly engaged in teaching
subject | 20 | | matter or conducting activities; provided that the teacher
| 21 | | shall be continuously aware of the non-certificated | 22 | | persons' activities and
shall be able to control or modify | 23 | | them. The general superintendent shall
determine | 24 | | qualifications of such personnel and shall prescribe rules | 25 | | for
determining the duties and activities to be assigned to | 26 | | such personnel;
|
| | | 09700SB0628sam001 | - 51 - | LRB097 04412 NHT 54075 a |
|
| 1 | | 10.5. To utilize volunteer personnel from a regional | 2 | | School Crisis
Assistance Team (S.C.A.T.), created as part | 3 | | of the Safe to Learn Program
established pursuant to | 4 | | Section 25 of the Illinois Violence Prevention Act
of 1995, | 5 | | to provide assistance to schools in times of violence or | 6 | | other
traumatic incidents within a school community by | 7 | | providing crisis
intervention services to lessen the | 8 | | effects of emotional trauma on
individuals and the | 9 | | community; the School Crisis Assistance Team
Steering | 10 | | Committee shall determine the qualifications for | 11 | | volunteers;
| 12 | | 11. To provide television studio facilities in not to | 13 | | exceed one
school building and to provide programs for | 14 | | educational purposes,
provided, however, that the board | 15 | | shall not construct, acquire, operate,
or maintain a | 16 | | television transmitter; to grant the use of its studio
| 17 | | facilities to a licensed television station located in the | 18 | | school
district; and to maintain and operate not to exceed | 19 | | one school radio
transmitting station and provide programs | 20 | | for educational purposes;
| 21 | | 12. To offer, if deemed appropriate, outdoor education | 22 | | courses,
including field trips within the State of | 23 | | Illinois, or adjacent states,
and to use school educational | 24 | | funds for the expense of the said outdoor
educational | 25 | | programs, whether within the school district or not;
| 26 | | 13. During that period of the calendar year not |
| | | 09700SB0628sam001 | - 52 - | LRB097 04412 NHT 54075 a |
|
| 1 | | embraced within the
regular school term, to provide and | 2 | | conduct courses in subject matters
normally embraced in the | 3 | | program of the schools during the regular
school term and | 4 | | to give regular school credit for satisfactory
completion | 5 | | by the student of such courses as may be approved for | 6 | | credit
by the State Board of Education;
| 7 | | 14. To insure against any loss or liability of the | 8 | | board,
the former School Board Nominating Commission, | 9 | | Local School Councils, the
Chicago Schools Academic | 10 | | Accountability Council, or the former Subdistrict
Councils | 11 | | or of any member, officer, agent or employee thereof, | 12 | | resulting
from alleged violations of civil rights arising | 13 | | from incidents occurring on
or after September 5, 1967 or | 14 | | from the wrongful or negligent act or
omission of any such | 15 | | person whether occurring within or without the school
| 16 | | premises, provided the officer, agent or employee was, at | 17 | | the time of the
alleged violation of civil rights or | 18 | | wrongful act or omission, acting
within the scope of his | 19 | | employment or under direction of the board, the
former | 20 | | School
Board Nominating Commission, the Chicago Schools | 21 | | Academic Accountability
Council, Local School Councils, or | 22 | | the former Subdistrict Councils;
and to provide for or | 23 | | participate in insurance plans for its officers and
| 24 | | employees, including but not limited to retirement | 25 | | annuities, medical,
surgical and hospitalization benefits | 26 | | in such types and amounts as may be
determined by the |
| | | 09700SB0628sam001 | - 53 - | LRB097 04412 NHT 54075 a |
|
| 1 | | board; provided, however, that the board shall contract
for | 2 | | such insurance only with an insurance company authorized to | 3 | | do business
in this State. Such insurance may include | 4 | | provision for employees who rely
on treatment by prayer or | 5 | | spiritual means alone for healing, in accordance
with the | 6 | | tenets and practice of a recognized religious | 7 | | denomination;
| 8 | | 15. To contract with the corporate authorities of any | 9 | | municipality
or the county board of any county, as the case | 10 | | may be, to provide for
the regulation of traffic in parking | 11 | | areas of property used for school
purposes, in such manner | 12 | | as is provided by Section 11-209 of The
Illinois Vehicle | 13 | | Code, approved September 29, 1969, as amended;
| 14 | | 16. (a) To provide, on an equal basis, access to a high
| 15 | | school campus and student directory information to the
| 16 | | official recruiting representatives of the armed forces of | 17 | | Illinois and
the United States for the purposes of | 18 | | informing students of the educational
and career | 19 | | opportunities available in the military if the board has | 20 | | provided
such access to persons or groups whose purpose is | 21 | | to acquaint students with
educational or occupational | 22 | | opportunities available to them. The board
is not required | 23 | | to give greater notice regarding the right of access to
| 24 | | recruiting representatives than is given to other persons | 25 | | and groups. In
this paragraph 16, "directory information" | 26 | | means a high school
student's name, address, and telephone |
| | | 09700SB0628sam001 | - 54 - | LRB097 04412 NHT 54075 a |
|
| 1 | | number.
| 2 | | (b) If a student or his or her parent or guardian | 3 | | submits a signed,
written request to the high school before | 4 | | the end of the student's sophomore
year (or if the student | 5 | | is a transfer student, by another time set by
the high | 6 | | school) that indicates that the student or his or her | 7 | | parent or
guardian does
not want the student's directory | 8 | | information to be provided to official
recruiting | 9 | | representatives under subsection (a) of this Section, the | 10 | | high
school may not provide access to the student's | 11 | | directory information to
these recruiting representatives. | 12 | | The high school shall notify its
students and their parents | 13 | | or guardians of the provisions of this
subsection (b).
| 14 | | (c) A high school may require official recruiting | 15 | | representatives of
the armed forces of Illinois and the | 16 | | United States to pay a fee for copying
and mailing a | 17 | | student's directory information in an amount that is not
| 18 | | more than the actual costs incurred by the high school.
| 19 | | (d) Information received by an official recruiting | 20 | | representative
under this Section may be used only to | 21 | | provide information to students
concerning educational and | 22 | | career opportunities available in the military
and may not | 23 | | be released to a person who is not involved in recruiting
| 24 | | students for the armed forces of Illinois or the United | 25 | | States;
| 26 | | 17. (a) To sell or market any computer program |
| | | 09700SB0628sam001 | - 55 - | LRB097 04412 NHT 54075 a |
|
| 1 | | developed by an employee
of the school district, provided | 2 | | that such employee developed the computer
program as a | 3 | | direct result of his or her duties with the school district
| 4 | | or through the utilization of the school district resources | 5 | | or facilities.
The employee who developed the computer | 6 | | program shall be entitled to share
in the proceeds of such | 7 | | sale or marketing of the computer program. The
distribution | 8 | | of such proceeds between the employee and the school | 9 | | district
shall be as agreed upon by the employee and the | 10 | | school district, except
that neither the employee nor the | 11 | | school district may receive more than 90%
of such proceeds. | 12 | | The negotiation for an employee who is represented by an
| 13 | | exclusive bargaining representative may be conducted by | 14 | | such bargaining
representative at the employee's request.
| 15 | | (b) For the purpose of this paragraph 17:
| 16 | | (1) "Computer" means an internally programmed, | 17 | | general purpose digital
device capable of | 18 | | automatically accepting data, processing data and | 19 | | supplying
the results of the operation.
| 20 | | (2) "Computer program" means a series of coded | 21 | | instructions or
statements in a form acceptable to a | 22 | | computer, which causes the computer to
process data in | 23 | | order to achieve a certain result.
| 24 | | (3) "Proceeds" means profits derived from | 25 | | marketing or sale of a product
after deducting the | 26 | | expenses of developing and marketing such product;
|
| | | 09700SB0628sam001 | - 56 - | LRB097 04412 NHT 54075 a |
|
| 1 | | 18. To delegate to the general superintendent of
| 2 | | schools, by resolution, the authority to approve contracts | 3 | | and expenditures
in amounts of $10,000 or less;
| 4 | | 19. Upon the written request of an employee, to | 5 | | withhold from
the compensation of that employee any dues, | 6 | | payments or contributions
payable by such employee to any | 7 | | labor organization as defined in the
Illinois Educational | 8 | | Labor Relations Act. Under such arrangement, an
amount | 9 | | shall be withheld from each regular payroll period which is | 10 | | equal to
the pro rata share of the annual dues plus any | 11 | | payments or contributions,
and the board shall transmit | 12 | | such withholdings to the specified labor
organization | 13 | | within 10 working days from the time of the withholding;
| 14 | | 19a. Upon receipt of notice from the comptroller of a | 15 | | municipality with
a population of 500,000 or more, a county | 16 | | with a population of 3,000,000 or
more, the Cook County | 17 | | Forest Preserve District, the Chicago Park District, the
| 18 | | Metropolitan Water Reclamation District, the Chicago | 19 | | Transit Authority, or
a housing authority of a municipality | 20 | | with a population of 500,000 or more
that a debt is due and | 21 | | owing the municipality, the county, the Cook County
Forest | 22 | | Preserve District, the Chicago Park District, the | 23 | | Metropolitan Water
Reclamation District, the Chicago | 24 | | Transit Authority, or the housing authority
by an employee | 25 | | of the Chicago Board of Education, to withhold, from the
| 26 | | compensation of that employee, the amount of the debt that |
| | | 09700SB0628sam001 | - 57 - | LRB097 04412 NHT 54075 a |
|
| 1 | | is due and owing
and pay the amount withheld to the | 2 | | municipality, the county, the Cook County
Forest Preserve | 3 | | District, the Chicago Park District, the Metropolitan | 4 | | Water
Reclamation District, the Chicago Transit Authority, | 5 | | or the housing authority;
provided, however, that the | 6 | | amount
deducted from any one salary or wage payment shall | 7 | | not exceed 25% of the net
amount of the payment. Before the | 8 | | Board deducts any amount from any salary or
wage of an | 9 | | employee under this paragraph, the municipality, the | 10 | | county, the
Cook County Forest Preserve District, the | 11 | | Chicago Park District, the
Metropolitan Water Reclamation | 12 | | District, the Chicago Transit Authority, or the
housing | 13 | | authority shall certify that (i) the employee has been | 14 | | afforded an
opportunity for a hearing to dispute the debt | 15 | | that is due and owing the
municipality, the county, the | 16 | | Cook County Forest Preserve District, the Chicago
Park | 17 | | District, the Metropolitan Water Reclamation District, the | 18 | | Chicago Transit
Authority, or the housing authority and | 19 | | (ii) the employee has received notice
of a wage deduction | 20 | | order and has been afforded an opportunity for a hearing to
| 21 | | object to the order. For purposes of this paragraph, "net | 22 | | amount" means that
part of the salary or wage payment | 23 | | remaining after the deduction of any amounts
required by | 24 | | law to be deducted and "debt due and owing" means (i) a | 25 | | specified
sum of money owed to the municipality, the | 26 | | county, the Cook County Forest
Preserve District, the |
| | | 09700SB0628sam001 | - 58 - | LRB097 04412 NHT 54075 a |
|
| 1 | | Chicago Park District, the Metropolitan Water
Reclamation | 2 | | District, the Chicago Transit Authority, or the housing | 3 | | authority
for services, work, or goods, after the period | 4 | | granted for payment has expired,
or (ii) a specified sum of | 5 | | money owed to the municipality, the county, the Cook
County | 6 | | Forest Preserve District, the Chicago Park District, the | 7 | | Metropolitan
Water Reclamation District, the Chicago | 8 | | Transit Authority, or the housing
authority pursuant to a | 9 | | court order or order of an administrative hearing
officer | 10 | | after the exhaustion of, or the failure to exhaust, | 11 | | judicial review;
| 12 | | 20. The board is encouraged to employ a sufficient | 13 | | number of
certified school counselors to maintain a | 14 | | student/counselor ratio of 250 to
1 by July 1, 1990. Each | 15 | | counselor shall spend at least 75% of his work
time in | 16 | | direct contact with students and shall maintain a record of | 17 | | such time;
| 18 | | 21. To make available to students vocational and career
| 19 | | counseling and to establish 5 special career counseling | 20 | | days for students
and parents. On these days | 21 | | representatives of local businesses and
industries shall | 22 | | be invited to the school campus and shall inform students
| 23 | | of career opportunities available to them in the various | 24 | | businesses and
industries. Special consideration shall be | 25 | | given to counseling minority
students as to career | 26 | | opportunities available to them in various fields.
For the |
| | | 09700SB0628sam001 | - 59 - | LRB097 04412 NHT 54075 a |
|
| 1 | | purposes of this paragraph, minority student means a person | 2 | | who is:
| 3 | | (a) Black (a person having origins in any of the | 4 | | black racial groups
in Africa);
| 5 | | (b) Hispanic (a person of Spanish or Portuguese | 6 | | culture with
origins in Mexico, South or Central | 7 | | America, or the Caribbean islands,
regardless of | 8 | | race);
| 9 | | (c) Asian American (a person having origins in any | 10 | | of the original
peoples of the Far East, Southeast | 11 | | Asia, the Indian Subcontinent or the
Pacific Islands); | 12 | | or
| 13 | | (d) American Indian or Alaskan Native (a person | 14 | | having origins in any of
the original peoples of North | 15 | | America).
| 16 | | Counseling days shall not be in lieu of regular school | 17 | | days;
| 18 | | 22. To report to the State Board of Education the | 19 | | annual
student dropout rate and number of students who | 20 | | graduate from, transfer
from or otherwise leave bilingual | 21 | | programs;
| 22 | | 23. Except as otherwise provided in the Abused and | 23 | | Neglected Child
Reporting Act or other applicable State or | 24 | | federal law, to permit school
officials to withhold, from | 25 | | any person, information on the whereabouts of
any child | 26 | | removed from school premises when the child has been taken |
| | | 09700SB0628sam001 | - 60 - | LRB097 04412 NHT 54075 a |
|
| 1 | | into
protective custody as a victim of suspected child | 2 | | abuse. School officials
shall direct such person to the | 3 | | Department of Children and Family Services,
or to the local | 4 | | law enforcement agency if appropriate;
| 5 | | 24. To develop a policy, based on the current state of | 6 | | existing school
facilities, projected enrollment and | 7 | | efficient utilization of available
resources, for capital | 8 | | improvement of schools and school buildings within
the | 9 | | district, addressing in that policy both the relative | 10 | | priority for
major repairs, renovations and additions to | 11 | | school facilities, and the
advisability or necessity of | 12 | | building new school facilities or closing
existing schools | 13 | | to meet current or projected demographic patterns within
| 14 | | the district;
| 15 | | 25. To make available to the students in every high | 16 | | school attendance
center the ability to take all courses | 17 | | necessary to comply with the Board
of Higher Education's | 18 | | college entrance criteria effective in 1993;
| 19 | | 26. To encourage mid-career changes into the teaching | 20 | | profession,
whereby qualified professionals become | 21 | | certified teachers, by allowing
credit for professional | 22 | | employment in related fields when determining point
of | 23 | | entry on teacher pay scale;
| 24 | | 27. To provide or contract out training programs for | 25 | | administrative
personnel and principals with revised or | 26 | | expanded duties pursuant to this
Act in order to assure |
| | | 09700SB0628sam001 | - 61 - | LRB097 04412 NHT 54075 a |
|
| 1 | | they have the knowledge and skills to perform
their duties;
| 2 | | 28. To establish a fund for the prioritized special | 3 | | needs programs, and
to allocate such funds and other lump | 4 | | sum amounts to each attendance center
in a manner | 5 | | consistent with the provisions of part 4 of Section 34-2.3.
| 6 | | Nothing in this paragraph shall be construed to require any | 7 | | additional
appropriations of State funds for this purpose;
| 8 | | 29. (Blank);
| 9 | | 30. Notwithstanding any other provision of this Act or | 10 | | any other law to
the contrary, to contract with third | 11 | | parties for services otherwise performed
by employees, | 12 | | including those in a bargaining unit, and to layoff those
| 13 | | employees upon 14 days written notice to the affected | 14 | | employees. Those
contracts may be for a period not to | 15 | | exceed 5 years and may be awarded on a
system-wide basis. | 16 | | The board may not operate more than 30 contract schools, | 17 | | provided that the board may operate an additional 5 | 18 | | contract turnaround schools pursuant to item (5.5) of | 19 | | subsection (d) of Section 34-8.3 of this Code;
| 20 | | 31. To promulgate rules establishing procedures | 21 | | governing the layoff or
reduction in force of employees and | 22 | | the recall of such employees, including,
but not limited | 23 | | to, criteria for such layoffs, reductions in force or | 24 | | recall
rights of such employees and the weight to be given | 25 | | to any particular
criterion. Such criteria shall take into | 26 | | account factors including, but not be
limited to, |
| | | 09700SB0628sam001 | - 62 - | LRB097 04412 NHT 54075 a |
|
| 1 | | qualifications, certifications, experience, performance | 2 | | ratings or
evaluations, and any other factors relating to | 3 | | an employee's job performance;
| 4 | | 32. To develop a policy to prevent nepotism in the | 5 | | hiring of personnel
or the selection of contractors;
| 6 | | 33. To enter into a partnership agreement, as required | 7 | | by
Section 34-3.5 of this Code, and, notwithstanding any | 8 | | other
provision of law to the contrary, to promulgate | 9 | | policies, enter into
contracts, and take any other action | 10 | | necessary to accomplish the
objectives and implement the | 11 | | requirements of that agreement; and
| 12 | | 34. To establish a Labor Management Council to the | 13 | | board
comprised of representatives of the board, the chief | 14 | | executive
officer, and those labor organizations that are | 15 | | the exclusive
representatives of employees of the board and | 16 | | to promulgate
policies and procedures for the operation of | 17 | | the Council.
| 18 | | The specifications of the powers herein granted are not to | 19 | | be
construed as exclusive but the board shall also exercise all | 20 | | other
powers that they may be requisite or proper for the | 21 | | maintenance and the
development of a public school system, not | 22 | | inconsistent with the other
provisions of this Article or | 23 | | provisions of this Code which apply to all
school districts.
| 24 | | In addition to the powers herein granted and authorized to | 25 | | be exercised
by the board, it shall be the duty of the board to | 26 | | review or to direct
independent reviews of special education |
| | | 09700SB0628sam001 | - 63 - | LRB097 04412 NHT 54075 a |
|
| 1 | | expenditures and services.
The board shall file a report of | 2 | | such review with the General Assembly on
or before May 1, 1990.
| 3 | | (Source: P.A. 96-105, eff. 7-30-09.)
| 4 | | Section 99. Effective date. This Act takes effect July 1, | 5 | | 2011.".
|
|