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90_HB1640enr
35 ILCS 200/18-185
105 ILCS 5/34A-501.2 new
105 ILCS 5/34A-502 from Ch. 122, par. 34A-502
Amends the School Code and the Property Tax Code.
Authorizes the Chicago School Finance Authority to incur
indebtedness by the issuance of bonds for constructing new
and rehabilitating existing school buildings in an aggregate
additional principal amount outstanding at any time not
exceeding $1.2 billion. Defines the Authority's "debt
service extension base" (as used in the Property Tax
Extension Limitation Law relative to a source from which
limited bonds may be made payable) to mean an amount equal to
the portion of the 1994 taxes that were levied by the
Authority to pay debt service on bonds issued by the
Authority and that had not yet been abated as a result of the
refunding of those bonds, without regard to subsequent
additional abatements by the Authority of that tax levy.
Effective immediately.
LRB9004005THpk
HB1640 Enrolled LRB9004005THpk
1 AN ACT concerning education, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The General Obligation Bond Act is amended by
5 changing Section 12 as follows:
6 (30 ILCS 330/12) (from Ch. 127, par. 662)
7 Sec. 12. Allocation of Proceeds from Sale of Bonds.
8 (a) Proceeds from the sale of Bonds, authorized by
9 Section 3 of this Act, shall be deposited in the separate
10 fund known as the Capital Development Fund.
11 (b) Proceeds from the sale of Bonds, authorized by
12 paragraph (a) of Section 4 of this Act, shall be deposited in
13 the separate fund known as the Transportation Bond, Series A
14 Fund.
15 (c) Proceeds from the sale of Bonds, authorized by
16 paragraphs (b) and (c) of Section 4 of this Act, shall be
17 deposited in the separate fund known as the Transportation
18 Bond, Series B Fund.
19 (d) Proceeds from the sale of Bonds, authorized by
20 Section 5 of this Act, shall be deposited in the separate
21 fund known as the School Construction Fund, except that
22 proceeds from the sale of the additional $1,100,000,000 of
23 bonds authorized in subsection (e) of Section 5 pursuant to
24 this amendatory Act of 1997 shall be deposited into the
25 School Infrastructure Fund.
26 (e) Proceeds from the sale of Bonds, authorized by
27 Section 6 of this Act, shall be deposited in the separate
28 fund known as the Anti-Pollution Fund.
29 (f) Proceeds from the sale of Bonds, authorized by
30 Section 7 of this Act, shall be deposited in the separate
31 fund known as the Coal Development Fund.
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1 (g) Proceeds from the sale of Bonds, authorized by
2 Section 8 of this Act, shall be deposited in the Capital
3 Development Fund.
4 (h) Subsequent to the issuance of any Bonds for the
5 purposes described in Sections 2 through 8 of this Act, the
6 Governor and the Director of the Bureau of the Budget may
7 provide for the reallocation of unspent proceeds of such
8 Bonds to any other purposes authorized under said Sections of
9 this Act, subject to the limitations on aggregate principal
10 amounts contained therein. Upon any such reallocation, such
11 unspent proceeds shall be transferred to the appropriate
12 funds as determined by reference to paragraphs (a) through
13 (g) of this Section.
14 (Source: P.A. 90-549, eff. 12-8-97.)
15 Section 10. The School Code is amended by changing
16 Sections 1C-2, 1D-1, 17-1.5, 18-8.05, 21-2, 21-2a, 21-4,
17 21-14, 24-11, and 24A-5 as follows:
18 (105 ILCS 5/1C-2)
19 Sec. 1C-2. Block grants.
20 (a) For fiscal year 1999, and each fiscal year
21 thereafter, the State Board of Education shall award to
22 school districts block grants as described in subsections (b)
23 and (c). The State Board of Education may adopt rules and
24 regulations necessary to implement this Section. In
25 accordance with Section 2-3.32, all state block grants are
26 subject to an audit. Therefore, block grant receipts and
27 block grant expenditures shall be recorded to the appropriate
28 fund code.
29 (b) A Professional Development Block Grant shall be
30 created by combining the existing School Improvement Block
31 Grant and the REI Initiative. These funds shall be
32 distributed to school districts based on the number of
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1 full-time certified instructional staff employed in the
2 district.
3 (c) An Early Childhood Education Block Grant shall be
4 created by combining the following programs: Preschool
5 Education, Parental Training and Prevention Initiative.
6 These funds shall be distributed to school districts and
7 other entities on a competitive basis. Eight percent of this
8 grant shall be used to fund programs for children ages 0-3.
9 (Source: P.A. 89-397, eff. 8-20-95; 90-548, eff. 1-1-98.)
10 (105 ILCS 5/1D-1)
11 Sec. 1D-1. Block grant funding.
12 (a) For fiscal year 1996 and each fiscal year
13 thereafter, the State Board of Education shall award to a
14 school district having a population exceeding 500,000
15 inhabitants a general education block grant and an
16 educational services block grant, determined as provided in
17 this Section, in lieu of distributing to the district
18 separate State funding for the programs described in
19 subsections (b) and (c). The provisions of this Section,
20 however, do not apply to any federal funds that the district
21 is entitled to receive. In accordance with Section 2-3.32,
22 all block grants are subject to an audit. Therefore, block
23 grant receipts and block grant expenditures shall be recorded
24 to the appropriate fund code for the designated block grant.
25 (b) The general education block grant shall include the
26 following programs: REI Initiative, Preschool At Risk, K-6
27 Comprehensive Arts, School Improvement Support, Urban
28 Education, Scientific Literacy, Substance Abuse Prevention,
29 Second Language Planning, Staff Development, Outcomes and
30 Assessment, K-6 Reading Improvement, Truants' Optional
31 Education, Hispanic Programs, Agriculture Education, Gifted
32 Education, Parental Education, Prevention Initiative, Report
33 Cards, and Criminal Background Investigations.
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1 Notwithstanding any other provision of law, all amounts paid
2 under the general education block grant from State
3 appropriations to a school district in a city having a
4 population exceeding 500,000 inhabitants shall be
5 appropriated and expended by the board of that district for
6 any of the programs included in the block grant or any of the
7 board's lawful purposes.
8 (c) The educational services block grant shall include
9 the following programs: Bilingual, Regular and Vocational
10 Transportation, State Lunch and Free Breakfast Program,
11 Special Education (Personnel, Extraordinary, Transportation,
12 Orphanage, Private Tuition), Summer School, Educational
13 Service Centers, and Administrator's Academy. This
14 subsection (c) does not relieve the district of its
15 obligation to provide the services required under a program
16 that is included within the educational services block grant.
17 It is the intention of the General Assembly in enacting the
18 provisions of this subsection (c) to relieve the district of
19 the administrative burdens that impede efficiency and
20 accompany single-program funding. The General Assembly
21 encourages the board to pursue mandate waivers pursuant to
22 Section 2-3.25g.
23 (d) For fiscal year 1996 and each fiscal year
24 thereafter, the amount of the district's block grants shall
25 be determined as follows: (i) with respect to each program
26 that is included within each block grant, the district shall
27 receive an amount equal to the same percentage of the current
28 fiscal year appropriation made for that program as the
29 percentage of the appropriation received by the district from
30 the 1995 fiscal year appropriation made for that program, and
31 (ii) the total amount that is due the district under the
32 block grant shall be the aggregate of the amounts that the
33 district is entitled to receive for the fiscal year with
34 respect to each program that is included within the block
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1 grant that the State Board of Education shall award the
2 district under this Section for that fiscal year.
3 (e) The district is not required to file any application
4 or other claim in order to receive the block grants to which
5 it is entitled under this Section. The State Board of
6 Education shall make payments to the district of amounts due
7 under the district's block grants on a schedule determined by
8 the State Board of Education.
9 (f) A school district to which this Section applies
10 shall report to the State Board of Education on its use of
11 the block grants in such form and detail as the State Board
12 of Education may specify.
13 (g) This paragraph provides for the treatment of block
14 grants under Article 1C for purposes of calculating the
15 amount of block grants for a district under this Section.
16 Those block grants under Article IC are, for this purpose,
17 treated as included in the amount of appropriation for the
18 various programs set forth in paragraph (b) above. The
19 appropriation in each current fiscal year for each block
20 grant under Article 1C shall be treated for these purposes as
21 appropriations for the individual program included in that
22 block grant. The proportion of each block grant so allocated
23 to each such program included in it shall be the proportion
24 which the appropriation for that program was of all
25 appropriations for such purposes now in that block grant, in
26 fiscal 1995.
27 (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97;
28 90-566, eff. 1-2-98.)
29 (105 ILCS 5/17-1.5)
30 Sec. 17-1.5. Limitation of administrative costs.
31 (a) It is the purpose of this Section to establish
32 limitations on the growth of administrative expenditures in
33 order to maximize the proportion of school district resources
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1 available for the instructional program, building
2 maintenance, and safety services for the students of each
3 district.
4 (b) Definitions. For the purposes of this Section:
5 "Administrative expenditures" mean the annual
6 expenditures of school districts properly attributable to
7 expenditure functions defined by the rules of the State Board
8 of Education as: 2310 (Board of Education Services); 2320
9 (Executive Administration Services); 2330 (Special Area
10 Administration Services); 2490 (Other Support Services -
11 School Administration); 2510 (Direction of Business Support
12 Services); 2520 (Fiscal Services); 2570 (Internal Services);
13 and 2610 (Direction of Central Support Services); provided,
14 however, that "administrative expenditures" shall not include
15 early retirement or other pension system obligations required
16 by State law 2600 (Total Support Services - Central); and
17 all expenditures properly attributable for the Service Area
18 Direction of functions 2540 (Operations and Maintenance of
19 Plant Services), 2550 (Pupil Transportation Services), and
20 2560 (Food Services).
21 "Instructional expenditures" mean the annual expenditures
22 of school districts properly attributable to expenditure
23 functions defined by the rules of the State Board of
24 Education as: 1100 (Regular Programs); 1200 (Special
25 Education Programs); 1250 (Educational Deprived/Remedial
26 Programs); 1300 (Adult/Continuing Education Programs); 1400
27 (Vocational Programs); 1500 (Interscholastic Programs); 1600
28 (Summer School Programs); 1650 (Gifted Programs); 1800
29 (Bilingual Programs); and 1900 (Truants' Alternative and
30 Optional Programs).
31 "School district" means all school districts having a
32 population of less than 500,000.
33 (c) For the 1998-99 school year and each school year
34 thereafter, each school district shall undertake budgetary
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1 and expenditure control actions so that the increase in
2 administrative expenditures for that school year over the
3 prior school year does do not exceed the lesser of 5% or the
4 percentage increase in instructional expenditures for that
5 school year over the prior school year. School districts
6 with administrative expenditures per pupil in the 25th
7 percentile and below for all districts of the same type, as
8 defined by the State Board of Education, may waive the
9 limitation imposed under this Section for any year following
10 a public hearing and with the affirmative vote of at least
11 two-thirds of the members of the school board of the
12 district. Any district waiving the limitation shall notify
13 the State Board within 45 days of such action.
14 (d) School districts shall file with the State Board of
15 Education by November October 15, 1998 and by each November
16 October 15th thereafter a one-page report that lists (i) the
17 actual administrative expenditures and the actual
18 instructional expenditures for the prior year from the
19 district's audited Annual Financial Report, and (ii) the
20 projected administrative expenditures and the projected
21 instructional expenditures for the current year from the
22 budget adopted by the school board pursuant to Section 17-1
23 of this Code.
24 If a school district that is ineligible to waive the
25 limitation imposed by subsection (c) of this Section by board
26 action exceeds the limitation solely because of circumstances
27 beyond the control of the district and the district has
28 exhausted all available and reasonable remedies to comply
29 with the limitation, the district may request a waiver
30 pursuant to Section 2-3.25g. The waiver application shall
31 specify the amount, nature, and reason for the relief
32 requested, as well as all remedies the district has exhausted
33 to comply with the limitation. Any emergency relief so
34 requested shall apply only to the specific school year for
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1 which the request is made. The State Board of Education
2 shall analyze all such waivers submitted and shall recommend
3 that the General Assembly disapprove any such waiver
4 requested that is not due solely to circumstances beyond the
5 control of the district and for which the district has not
6 exhausted all available and reasonable remedies to comply
7 with the limitation. The State Superintendent shall have no
8 authority to impose any sanctions pursuant to this Section
9 for any expenditures for which a waiver has been requested
10 until such waiver has been reviewed by the General Assembly.
11 If the report and information required under this
12 subsection (d) are is not provided by the school district in
13 a timely manner, or are is initially or subsequently
14 determined by the State Superintendent of Education to be
15 incomplete or inaccurate, the State Superintendent shall
16 notify the district in writing of reporting deficiencies.
17 The school district shall, within 60 days of the notice,
18 address the reporting deficiencies identified. If the State
19 Superintendent does not receive a satisfactory response to
20 these reporting deficiencies within these 60 days, the next
21 payment of general State aid due the district under Section
22 18-8 of this Code, and all subsequent payments, may be
23 withheld until the deficiencies have been addressed.
24 (e) If the State Superintendent determines that a school
25 district has failed to comply with the administrative
26 expenditure limitation imposed in subsection (c) of this
27 Section by adopting a budget in violation of the limitation
28 or by having actual administrative expenditures for the prior
29 year in excess of the limitation, the State Superintendent
30 shall notify the district of the violation and direct the
31 district to undertake corrective action to bring the
32 district's budget into compliance with the administrative
33 expenditure limitation. The district shall, within 60 days
34 of the notice, provide adequate assurance to the State
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1 Superintendent that appropriate corrective actions have been
2 or will be taken. If the district fails to provide adequate
3 assurance or fails to undertake the necessary corrective
4 actions, the State Superintendent may impose progressive
5 sanctions against the district that may culminate in
6 withholding withhold all subsequent payments of general State
7 aid due the district under Section 18-8.05 18-8 of this Code
8 until the assurance is provided or the corrective actions
9 taken.
10 (f) The State Superintendent shall publish a list each
11 year of the school districts that violate the limitation
12 imposed by subsection (c) of this Section and a list of the
13 districts that waive the limitation by board action as
14 provided in subsection (c) of this Section. The State Board
15 of Education may recommend to the General Assembly and the
16 Governor any additional sanctions or remedial actions that
17 they determine necessary to deter non-compliance with the
18 limitation.
19 (Source: P.A. 90-548, eff. 1-1-98.)
20 (105 ILCS 5/18-8.05)
21 (This Section may contain text from a Public Act with a
22 delayed effective date.)
23 Sec. 18-8.05. Basis for apportionment of general State
24 financial aid and supplemental general State aid to the
25 common schools for the 1998-1999 and subsequent school years.
26 (A) General Provisions.
27 (1) The provisions of this Section apply to the
28 1998-1999 and subsequent school years. The system of general
29 State financial aid provided for in this Section is designed
30 to assure that, through a combination of State financial aid
31 and required local resources, the financial support provided
32 each pupil in Average Daily Attendance equals or exceeds a
33 prescribed per pupil Foundation Level. This formula approach
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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
4 Local Resources, equals or exceeds the Foundation Level. The
5 amount of per pupil general State financial aid for school
6 districts, in general, varies in inverse relation to
7 Available Local Resources. Per pupil amounts are based upon
8 each school district's Average Daily Attendance as that term
9 is defined in 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
13 supplemental general State financial aid grants as provided
14 pursuant to subsection (H). The supplemental State aid grants
15 provided for school districts under subsection (H) shall be
16 appropriated for distribution to school districts as part of
17 the same line item in which the general State financial aid
18 of school districts is 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.
26 In case of nonrecognition of one or more attendance
27 centers in a school district otherwise operating
28 recognized schools, the claim of the district shall be
29 reduced in the proportion which the Average Daily
30 Attendance in the attendance center or centers bear to
31 the Average Daily Attendance in the school district. A
32 "recognized school" means any public school which meets
33 the standards as established for recognition by the State
34 Board of Education. A school district or attendance
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1 center not having recognition status at the end of a
2 school term is entitled to receive State aid payments due
3 upon a legal claim which was filed while it was
4 recognized.
5 (b) School district claims filed under this Section
6 are subject to Sections 18-9, 18-10, and 18-12, except as
7 otherwise provided in this Section.
8 (c) If a school district operates a full year
9 school under Section 10-19.1, the general State aid to
10 the school district shall be determined by the State
11 Board of Education in accordance with this Section as
12 near as may be applicable.
13 (d) (Blank). Claims for financial assistance under
14 this Section shall not be recomputed except as expressly
15 provided under this Section.
16 (4) Except as provided in subsections (H) and (L), the
17 board of any district receiving any of the grants provided
18 for in this Section may apply those funds to any fund so
19 received for which that board is authorized to make
20 expenditures by law.
21 School districts are not required to exert a minimum
22 Operating Tax Rate in order to qualify for assistance under
23 this Section.
24 (5) As used in this Section the following terms, when
25 capitalized, shall have the meaning ascribed herein:
26 (a) "Average Daily Attendance": A count of pupil
27 attendance in school, averaged as provided for in
28 subsection (C) and utilized in deriving per pupil
29 financial support levels.
30 (b) "Available Local Resources": A computation of
31 local financial support, calculated on the basis Average
32 Daily Attendance and derived as provided pursuant to
33 subsection (D).
34 (c) "Corporate Personal Property Replacement
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1 Taxes": Funds paid to local school districts pursuant to
2 "An Act in relation to the abolition of ad valorem
3 personal property tax and the replacement of revenues
4 lost thereby, and amending and repealing certain Acts and
5 parts of Acts in connection therewith", certified August
6 14, 1979, as amended (Public Act 81-1st S.S.-1).
7 (d) "Foundation Level": A prescribed level of per
8 pupil financial support as provided for in subsection
9 (B).
10 (e) "Operating Tax Rate": All school district
11 property taxes extended for all purposes, except
12 community college educational purposes for the payment of
13 tuition under Section 6-1 of the Public Community College
14 Act, Bond and Interest, Summer School, Rent, Capital
15 Improvement, and Vocational Education Building purposes.
16 (B) Foundation Level.
17 (1) The Foundation Level is a figure established by the
18 State representing the minimum level of per pupil financial
19 support that should be available to provide for the basic
20 education of each pupil in Average Daily Attendance. As set
21 forth in this Section, each school district is assumed to
22 exert a sufficient local taxing effort such that, in
23 combination with the aggregate of general State financial aid
24 provided the district, an aggregate of State and local
25 resources are available to meet the basic education needs of
26 pupils in the district.
27 (2) For the 1998-1999 school year, the Foundation Level
28 of support is $4,225. For the 1999-2000 school year, the
29 Foundation Level of support is $4,325. For the 2000-2001
30 school year, the Foundation Level of support is $4,425.
31 (3) For the 2001-2002 school year and each school year
32 thereafter, the Foundation Level of support is $4,425 or such
33 greater amount as may be established by law by the General
34 Assembly.
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1 (C) Average Daily Attendance.
2 (1) For purposes of calculating general State aid
3 pursuant to subsection (E), an Average Daily Attendance
4 figure shall be utilized. The Average Daily Attendance
5 figure for formula calculation purposes shall be the monthly
6 average of the actual number of pupils in attendance of each
7 school district, as further averaged for the best 3 months of
8 pupil attendance for each school district. In compiling the
9 figures for the number of pupils in attendance, school
10 districts and the State Board of Education shall, for
11 purposes of general State aid funding, conform attendance
12 figures to the requirements of subsection (F).
13 (2) The Average Daily Attendance figures utilized in
14 subsection (E) shall be the requisite attendance data for the
15 school year immediately preceding the school year for which
16 general State aid is being calculated.
17 (D) Available Local Resources.
18 (1) For purposes of calculating general State aid
19 pursuant to subsection (E), a representation of Available
20 Local Resources per pupil, as that term is defined and
21 determined in this subsection, shall be utilized. Available
22 Local Resources per pupil shall include a calculated dollar
23 amount representing local school district revenues from local
24 property taxes and from Corporate Personal Property
25 Replacement Taxes, expressed on the basis of pupils in
26 Average Daily Attendance.
27 (2) In determining a school district's revenue from
28 local property taxes, the State Board of Education shall
29 utilize the equalized assessed valuation of all taxable
30 property of each school district as of September 30 of the
31 previous year. The equalized assessed valuation utilized
32 shall be obtained and determined as provided in subsection
33 (G).
34 (3) For school districts maintaining grades kindergarten
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1 through 12, local property tax revenues per pupil shall be
2 calculated as the product of the applicable equalized
3 assessed valuation for the district multiplied by 3.00%, and
4 divided by the district's Average Daily Attendance figure.
5 For school districts maintaining grades kindergarten through
6 8, local property tax revenues per pupil shall be calculated
7 as the product of the applicable equalized assessed valuation
8 for the district multiplied by 2.30%, and divided by the
9 district's Average Daily Attendance figure. For school
10 districts maintaining grades 9 through 12, local property tax
11 revenues per pupil shall be the applicable equalized assessed
12 valuation of the district multiplied by 1.20%, and divided by
13 the district's Average Daily Attendance figure.
14 (4) The Corporate Personal Property Replacement Taxes
15 paid to each school district during the calendar year 2 years
16 before the calendar year in which a school year begins,
17 divided by the Average Daily Attendance figure for that
18 district, shall be added to the local property tax revenues
19 per pupil as derived by the application of the immediately
20 preceding paragraph (3). The sum of these per pupil figures
21 for each school district shall constitute Available Local
22 Resources as that term is utilized in subsection (E) in the
23 calculation of general State aid.
24 (E) Computation of General State Aid.
25 (1) For each school year, the amount of general State
26 aid allotted to a school district shall be computed by the
27 State Board of Education as provided in this subsection.
28 (2) For any school district for which Available Local
29 Resources per pupil is less than the product of 0.93 times
30 the Foundation Level, general State aid for that district
31 shall be calculated as an amount equal to the Foundation
32 Level minus Available Local Resources, multiplied by the
33 Average Daily Attendance of the school district.
34 (3) For any school district for which Available Local
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1 Resources per pupil is equal to or greater than the product
2 of 0.93 times the Foundation Level and less than the product
3 of 1.75 times the Foundation Level, the general State aid per
4 pupil shall be a decimal proportion of the Foundation Level
5 derived using a linear algorithm. Under this linear
6 algorithm, the calculated general State aid per pupil shall
7 decline in direct linear fashion from 0.07 times the
8 Foundation Level for a school district with Available Local
9 Resources equal to the product of 0.93 times the Foundation
10 Level, to 0.05 times the Foundation Level for a school
11 district with Available Local Resources equal to the product
12 of 1.75 times the Foundation Level. The allocation of
13 general State aid for school districts subject to this
14 paragraph 3 shall be the calculated general State aid per
15 pupil figure multiplied by the Average Daily Attendance of
16 the school district.
17 (4) For any school district for which Available Local
18 Resources per pupil equals or exceeds the product of 1.75
19 times the Foundation Level, the general State aid for the
20 school district shall be calculated as the product of $218
21 multiplied by the Average Daily Attendance of the school
22 district.
23 (F) Compilation of Average Daily Attendance.
24 (1) Each school district shall, by July 1 of each year,
25 submit to the State Board of Education, on forms prescribed
26 by the State Board of Education, attendance figures for the
27 school year that began in the preceding calendar year. The
28 attendance information so transmitted shall identify the
29 average daily attendance figures for each month of the school
30 year, except that any days of attendance in August shall be
31 added to the month of September and any days of attendance in
32 June shall be added to the month of May.
33 Except as otherwise provided in this Section, days of
34 attendance by pupils shall be counted only for sessions of
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1 not less than 5 clock hours of school work per day under
2 direct supervision of: (i) teachers, or (ii) non-teaching
3 personnel or volunteer personnel when engaging in
4 non-teaching duties and supervising in those instances
5 specified in subsection (a) of Section 10-22.34 and paragraph
6 10 of Section 34-18, with pupils of legal school age and in
7 kindergarten and grades 1 through 12.
8 Days of attendance by tuition pupils shall be accredited
9 only to the districts that pay the tuition to a recognized
10 school.
11 (2) Days of attendance by pupils of less than 5 clock
12 hours of school shall be subject to the following provisions
13 in the compilation of Average Daily Attendance.
14 (a) Pupils regularly enrolled in a public school
15 for only a part of the school day may be counted on the
16 basis of 1/6 day for every class hour of instruction of
17 40 minutes or more attended pursuant to such enrollment.
18 (b) Days of attendance may be less than 5 clock
19 hours on the opening and closing of the school term, and
20 upon the first day of pupil attendance, if preceded by a
21 day or days utilized as an institute or teachers'
22 workshop.
23 (c) A session of 4 or more clock hours may be
24 counted as a day of attendance upon certification by the
25 regional superintendent, and approved by the State
26 Superintendent of Education to the extent that the
27 district has been forced to use daily multiple sessions.
28 (d) A session of 3 or more clock hours may be
29 counted as a day of attendance (1) when the remainder of
30 the school day or at least 2 hours in the evening of that
31 day is utilized for an in-service training program for
32 teachers, up to a maximum of 5 days per school year of
33 which a maximum of 4 days of such 5 days may be used for
34 parent-teacher conferences, provided a district conducts
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1 an in-service training program for teachers which has
2 been approved by the State Superintendent of Education;
3 or, in lieu of 4 such days, 2 full days may be used, in
4 which event each such day may be counted as a day of
5 attendance; and (2) when days in addition to those
6 provided in item (1) are scheduled by a school pursuant
7 to its school improvement plan adopted under Article 34
8 or its revised or amended school improvement plan adopted
9 under Article 2, provided that (i) such sessions of 3 or
10 more clock hours are scheduled to occur at regular
11 intervals, (ii) the remainder of the school days in which
12 such sessions occur are utilized for in-service training
13 programs or other staff development activities for
14 teachers, and (iii) a sufficient number of minutes of
15 school work under the direct supervision of teachers are
16 added to the school days between such regularly scheduled
17 sessions to accumulate not less than the number of
18 minutes by which such sessions of 3 or more clock hours
19 fall short of 5 clock hours. Any full days used for the
20 purposes of this paragraph shall not be considered for
21 computing average daily attendance. Days scheduled for
22 in-service training programs, staff development
23 activities, or parent-teacher conferences may be
24 scheduled separately for different grade levels and
25 different attendance centers of the district.
26 (e) A session of not less than one clock hour
27 teaching of hospitalized or homebound pupils on-site or
28 by telephone to the classroom may be counted as 1/2 day
29 of attendance, however these pupils must receive 4 or
30 more clock hours of instruction to be counted for a full
31 day of attendance.
32 (f) A session of at least 4 clock hours may be
33 counted as a day of attendance for first grade pupils,
34 and pupils in full day kindergartens, and a session of 2
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1 or more hours may be counted as 1/2 day of attendance by
2 pupils in kindergartens which provide only 1/2 day of
3 attendance.
4 (g) For children with disabilities who are below
5 the age of 6 years and who cannot attend 2 or more clock
6 hours because of their disability or immaturity, a
7 session of not less than one clock hour may be counted as
8 1/2 day of attendance; however for such children whose
9 educational needs so require a session of 4 or more clock
10 hours may be counted as a full day of attendance.
11 (h) A recognized kindergarten which provides for
12 only 1/2 day of attendance by each pupil shall not have
13 more than 1/2 day of attendance counted in any 1 day.
14 However, kindergartens may count 2 1/2 days of attendance
15 in any 5 consecutive school days. When a pupil attends
16 such a kindergarten for 2 half days on any one school
17 day, the pupil shall have the following day as a day
18 absent from school, unless the school district obtains
19 permission in writing from the State Superintendent of
20 Education. Attendance at kindergartens which provide for
21 a full day of attendance by each pupil shall be counted
22 the same as attendance by first grade pupils. Only the
23 first year of attendance in one kindergarten shall be
24 counted, except in case of children who entered the
25 kindergarten in their fifth year whose educational
26 development requires a second year of kindergarten as
27 determined under the rules and regulations of the State
28 Board of Education.
29 (G) Equalized Assessed Valuation Data.
30 (1) For purposes of the calculation of Available Local
31 Resources required pursuant to subsection (D), the State
32 Board of Education shall secure from the Department of
33 Revenue the value as equalized or assessed by the Department
34 of Revenue of all taxable property of every school district
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1 together with the applicable tax rate used in extending taxes
2 for the funds of the district as of September 30 of the
3 previous year.
4 This equalized assessed valuation, as adjusted further by
5 the requirements of this subsection, shall be utilized in the
6 calculation of Available Local Resources.
7 (2) The equalized assessed valuation in paragraph (1)
8 shall be adjusted, as applicable, in the following manner:
9 (a) For the purposes of calculating State aid under
10 this Section, with respect to any part of a school
11 district within a redevelopment project area in respect
12 to which a municipality has adopted tax increment
13 allocation financing pursuant to the Tax Increment
14 Allocation Redevelopment Act, Sections 11-74.4-1 through
15 11-74.4-11 of the Illinois Municipal Code or the
16 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
17 11-74.6-50 of the Illinois Municipal Code, no part of the
18 current equalized assessed valuation of real property
19 located in any such project area which is attributable to
20 an increase above the total initial equalized assessed
21 valuation of such property shall be used as part of the
22 equalized assessed valuation of the district, until such
23 time as all redevelopment project costs have been paid,
24 as provided in Section 11-74.4-8 of the Tax Increment
25 Allocation Redevelopment Act or in Section 11-74.6-35 of
26 the Industrial Jobs Recovery Law. For the purpose of the
27 equalized assessed valuation of the district, the total
28 initial equalized assessed valuation or the current
29 equalized assessed valuation, whichever is lower, shall
30 be used until such time as all redevelopment project
31 costs have been paid.
32 (b) The real property equalized assessed valuation
33 for a school district shall be adjusted by subtracting
34 from the real property value as equalized or assessed by
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1 the Department of Revenue for the district an amount
2 computed by dividing the amount of any abatement of taxes
3 under Section 18-170 of the Property Tax Code by 3.00%
4 for a district maintaining grades kindergarten through 12
5 or by 2.30% for a district maintaining grades
6 kindergarten through 8, or by 1.20% for a district
7 maintaining grades 9 through 12 and adjusted by an amount
8 computed by dividing the amount of any abatement of taxes
9 under subsection (a) of Section 18-165 of the Property
10 Tax Code by the same percentage rates for district type
11 as specified in this subparagraph (c).
12 (H) Supplemental General State Aid.
13 (1) In addition to the general State aid a school
14 district is allotted pursuant to subsection (E), qualifying
15 school districts shall receive a grant, paid in conjunction
16 with a district's payments of general State aid, for
17 supplemental general State aid based upon the concentration
18 level of children from low-income households within the
19 school district. Supplemental State aid grants provided for
20 school districts under this subsection shall be appropriated
21 for distribution to school districts as part of the same line
22 item in which the general State financial aid of school
23 districts is appropriated under this Section. For purposes of
24 this subsection, the term "Low-Income Concentration Level"
25 shall be the low-income eligible pupil count from the most
26 recently available federal census divided by the Average
27 Daily Attendance of the school district.
28 (2) Supplemental general State aid pursuant to this
29 subsection shall be provided as follows:
30 (a) For any school district with a Low Income
31 Concentration Level of at least 20% and less than 35%,
32 the grant for any school year shall be $800 multiplied by
33 the low income eligible pupil count.
34 (b) For any school district with a Low Income
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1 Concentration Level of at least 35% and less than 50%,
2 the grant for the 1998-1999 school year shall be $1,100
3 multiplied by the low income eligible pupil count.
4 (c) For any school district with a Low Income
5 Concentration Level of at least 50% and less than 60%,
6 the grant for the 1998-99 school year shall be $1,500
7 multiplied by the low income eligible pupil count.
8 (d) For any school district with a Low Income
9 Concentration Level of 60% or more, the grant for the
10 1998-99 school year shall be $1,900 multiplied by the low
11 income eligible pupil count.
12 (e) For the 1999-2000 school year, the per pupil
13 amount specified in subparagraphs (b), (c), and (d),
14 immediately above shall be increased by $100 to $1,200,
15 $1,600, and $2,000, respectively.
16 (f) For the 2000-2001 school year, the per pupil
17 amounts specified in subparagraphs (b), (c) and (d)
18 immediately above shall be increased to $1,230, $1,640,
19 and $2,050, respectively.
20 (3) School districts with an Average Daily Attendance of
21 more than 1,000 and less than 50,000 that qualify for
22 supplemental general State aid pursuant to this subsection
23 shall submit a plan to the State Board of Education prior to
24 October 30 of each year for the use of the funds resulting
25 from this grant of supplemental general State aid for the
26 improvement of instruction in which priority is given to
27 meeting the education needs of disadvantaged children. Such
28 plan shall be submitted in accordance with rules and
29 regulations promulgated by the State Board of Education.
30 (4) School districts with an Average Daily Attendance of
31 50,000 or more that qualify for supplemental general State
32 aid pursuant to this subsection shall be required to
33 distribute from funds available pursuant to this Section, no
34 less than $261,000,000 in accordance with the following
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1 requirements:
2 (a) The required amounts shall be distributed to
3 the attendance centers within the district in proportion
4 to the number of pupils enrolled at each attendance
5 center who are eligible to receive free or reduced-price
6 lunches or breakfasts under the federal Child Nutrition
7 Act of 1966 and under the National School Lunch Act
8 during the immediately preceding school year.
9 (b) The distribution of these portions of
10 supplemental and general State aid among attendance
11 centers according to these requirements shall not be
12 compensated for or contravened by adjustments of the
13 total of other funds appropriated to any attendance
14 centers, and the Board of Education shall utilize funding
15 from one or several sources in order to fully implement
16 this provision annually prior to the opening of school.
17 (c) Each attendance center shall be provided by the
18 school district a distribution of noncategorical funds
19 and other categorical funds to which an attendance center
20 is entitled under law in order that the general State aid
21 and supplemental general State aid provided by
22 application of this subsection supplements rather than
23 supplants the noncategorical funds and other categorical
24 funds provided by the school district to the attendance
25 centers.
26 (d) Any funds made available under this subsection
27 that by reason of the provisions of this subsection are
28 not required to be allocated and provided to attendance
29 centers may be used and appropriated by the board of the
30 district for any lawful school purpose.
31 (e) Funds received by an attendance center pursuant
32 to this subsection shall be used by the attendance center
33 at the discretion of the principal and local school
34 council for programs to improve educational opportunities
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1 at qualifying schools through the following programs and
2 services: early childhood education, reduced class size
3 or improved adult to student classroom ratio, enrichment
4 programs, remedial assistance, attendance improvement and
5 other educationally beneficial expenditures which
6 supplement the regular and basic programs as determined
7 by the State Board of Education. Funds provided shall
8 not be expended for any political or lobbying purposes as
9 defined by board rule.
10 (f) Each district subject to the provisions of this
11 subdivision (H)(4) shall submit an acceptable plan to
12 meet the educational needs of disadvantaged children, in
13 compliance with the requirements of this paragraph, to
14 the State Board of Education prior to July 15 of each
15 year. This plan shall be consistent with the decisions of
16 local school councils concerning the school expenditure
17 plans developed in accordance with part 4 of Section
18 34-2.3. The State Board shall approve or reject the plan
19 within 60 days after its submission. If the plan is
20 rejected, the district shall give written notice of
21 intent to modify the plan within 15 days of the
22 notification of rejection and then submit a modified plan
23 within 30 days after the date of the written notice of
24 intent to modify. Districts may amend approved plans
25 pursuant to rules promulgated by the State Board of
26 Education.
27 Upon notification by the State Board of Education
28 that the district has not submitted a plan prior to July
29 15 or a modified plan within the time period specified
30 herein, the State aid funds affected by that plan or
31 modified plan shall be withheld by the State Board of
32 Education until a plan or modified plan is submitted.
33 If the district fails to distribute State aid to
34 attendance centers in accordance with an approved plan,
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1 the plan for the following year shall allocate funds, in
2 addition to the funds otherwise required by this
3 subsection, to those attendance centers which were
4 underfunded during the previous year in amounts equal to
5 such underfunding.
6 For purposes of determining compliance with this
7 subsection in relation to the requirements of attendance
8 center funding, each district subject to the provisions
9 of this subsection shall submit as a separate document by
10 December 1 of each year a report of expenditure data for
11 the prior year in addition to any modification of its
12 current plan. If it is determined that there has been a
13 failure to comply with the expenditure provisions of this
14 subsection regarding contravention or supplanting, the
15 State Superintendent of Education shall, within 60 days
16 of receipt of the report, notify the district and any
17 affected local school council. The district shall within
18 45 days of receipt of that notification inform the State
19 Superintendent of Education of the remedial or corrective
20 action to be taken, whether by amendment of the current
21 plan, if feasible, or by adjustment in the plan for the
22 following year. Failure to provide the expenditure
23 report or the notification of remedial or corrective
24 action in a timely manner shall result in a withholding
25 of the affected funds.
26 The State Board of Education shall promulgate rules
27 and regulations to implement the provisions of this
28 subsection. No funds shall be released under this
29 subdivision (H)(4) to any district that has not submitted
30 a plan that has been approved by the State Board of
31 Education.
32 (I) General State Aid for Newly Configured School Districts.
33 (1) For a new school district formed by combining
34 property included totally within 2 or more previously
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1 existing school districts, for its first year of existence
2 the general State aid and supplemental general State aid
3 calculated under this Section shall be computed for the new
4 district and for the previously existing districts for which
5 property is totally included within the new district. If the
6 computation on the basis of the previously existing districts
7 is greater, a supplementary payment equal to the difference
8 shall be made for the first 4 years of existence of the new
9 district.
10 (2) For a school district which annexes all of the
11 territory of one or more entire other school districts, for
12 the first year during which the change of boundaries
13 attributable to such annexation becomes effective for all
14 purposes as determined under Section 7-9 or 7A-8, the general
15 State aid and supplemental general State aid calculated under
16 this Section shall be computed for the annexing district as
17 constituted after the annexation and for the annexing and
18 each annexed district as constituted prior to the annexation;
19 and if the computation on the basis of the annexing and
20 annexed districts as constituted prior to the annexation is
21 greater, a supplementary payment equal to the difference
22 shall be made for the first 4 years of existence of the
23 annexing school district as constituted upon such annexation.
24 (3) For 2 or more school districts which annex all of
25 the territory of one or more entire other school districts,
26 and for 2 or more community unit districts which result upon
27 the division (pursuant to petition under Section 11A-2) of
28 one or more other unit school districts into 2 or more parts
29 and which together include all of the parts into which such
30 other unit school district or districts are so divided, for
31 the first year during which the change of boundaries
32 attributable to such annexation or division becomes effective
33 for all purposes as determined under Section 7-9 or 11A-10,
34 as the case may be, the general State aid and supplemental
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1 general State aid calculated under this Section shall be
2 computed for each annexing or resulting district as
3 constituted after the annexation or division and for each
4 annexing and annexed district, or for each resulting and
5 divided district, as constituted prior to the annexation or
6 division; and if the aggregate of the general State aid and
7 supplemental general State aid as so computed for the
8 annexing or resulting districts as constituted after the
9 annexation or division is less than the aggregate of the
10 general State aid and supplemental general State aid as so
11 computed for the annexing and annexed districts, or for the
12 resulting and divided districts, as constituted prior to the
13 annexation or division, then a supplementary payment equal to
14 the difference shall be made and allocated between or among
15 the annexing or resulting districts, as constituted upon such
16 annexation or division, for the first 4 years of their
17 existence. The total difference payment shall be allocated
18 between or among the annexing or resulting districts in the
19 same ratio as the pupil enrollment from that portion of the
20 annexed or divided district or districts which is annexed to
21 or included in each such annexing or resulting district bears
22 to the total pupil enrollment from the entire annexed or
23 divided district or districts, as such pupil enrollment is
24 determined for the school year last ending prior to the date
25 when the change of boundaries attributable to the annexation
26 or division becomes effective for all purposes. The amount
27 of the total difference payment and the amount thereof to be
28 allocated to the annexing or resulting districts shall be
29 computed by the State Board of Education on the basis of
30 pupil enrollment and other data which shall be certified to
31 the State Board of Education, on forms which it shall provide
32 for that purpose, by the regional superintendent of schools
33 for each educational service region in which the annexing and
34 annexed districts, or resulting and divided districts are
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1 located.
2 (3.5) Claims for financial assistance under this
3 subsection (I) shall not be recomputed except as expressly
4 provided under this Section.
5 (4) Any supplementary payment made under this subsection
6 (I) shall be treated as separate from all other payments made
7 pursuant to this Section.
8 (J) Supplementary Grants in Aid.
9 (1) Notwithstanding any other provisions of this
10 Section, the amount of the aggregate general State aid in
11 combination with supplemental general State aid under this
12 Section for which each school district is eligible for the
13 1998-1999 school year shall be no less than the amount of the
14 aggregate general State aid entitlement that was received by
15 the district under Section 18-8 (exclusive of amounts
16 received under subsections 5(p) and 5(p-5) of that Section)
17 for the 1997-98 school year, pursuant to the provisions of
18 that Section as it was then in effect. If a school district
19 qualifies to receive a supplementary payment made under this
20 subsection (J) for the 1998-1999 school year, the amount of
21 the aggregate general State aid in combination with
22 supplemental general State aid under this Section which that
23 district is eligible to receive for each school year
24 subsequent to the 1998-1999 school year shall be no less than
25 the amount of the aggregate general State aid entitlement
26 that was received by the district under Section 18-8
27 (exclusive of amounts received under subsections 5(p) and
28 5(p-5) of that Section) for the 1997-1998 school year,
29 pursuant to the provisions of that Section as it was then in
30 effect.
31 (2) If, as provided in paragraph (1) of this subsection
32 (J), a school district is to receive aggregate general State
33 aid in combination with supplemental general State aid under
34 this Section for the 1998-99 school year, or for the 1998-99
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1 school year and any subsequent school year, that in any such
2 school year is less than the amount of the aggregate general
3 State aid entitlement that the district received for the
4 1997-98 school year, the school district shall also receive,
5 from a separate appropriation made for purposes of this
6 subsection (J), a supplementary payment that is equal to the
7 amount of the difference in the aggregate State aid figures
8 as described in paragraph (1).
9 (3) (Blank). If the amount appropriated for
10 supplementary payments to school districts under this
11 subsection (J) is insufficient for that purpose, the
12 supplementary payments that districts are to receive under
13 this subsection shall be prorated according to the aggregate
14 amount of the appropriation made for purposes of this
15 subsection.
16 (K) Grants to Laboratory and Alternative Schools.
17 In calculating the amount to be paid to the governing
18 board of a public university that operates a laboratory
19 school under this Section or to any alternative school that
20 is operated by a regional superintendent, the State Board of
21 Education shall require by rule such reporting requirements
22 as it deems necessary.
23 As used in this Section, "laboratory school" means a
24 public school which is created and operated by a public
25 university and approved by the State Board of Education. The
26 governing board of a public university which receives funds
27 from the State Board under this subsection (K) may not
28 increase the number of students enrolled in its laboratory
29 school from a single district, if that district is already
30 sending 50 or more students, except under a mutual agreement
31 between the school board of a student's district of residence
32 and the university which operates the laboratory school. A
33 laboratory school may not have more than 1,000 students,
34 excluding students with disabilities in a special education
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1 program.
2 As used in this Section, "alternative school" means a
3 public school which is created and operated by a Regional
4 Superintendent of Schools and approved by the State Board of
5 Education. Such alternative schools may offer courses of
6 instruction for which credit is given in regular school
7 programs, courses to prepare students for the high school
8 equivalency testing program or vocational and occupational
9 training. A regional superintendent of schools may contract
10 with a school district or a public community college district
11 to operate an alternative school. An alternative school
12 serving more than one educational service region may be
13 established by the regional superintendents of schools of the
14 affected educational service regions.
15 Each laboratory and alternative school shall file, on
16 forms provided by the State Superintendent of Education, an
17 annual State aid claim which states the Average Daily
18 Attendance of the school's students by month. The best 3
19 months' Average Daily Attendance shall be computed for each
20 school. The general State aid entitlement shall be computed
21 by multiplying the applicable Average Daily Attendance by the
22 Foundation Level as determined under this Section.
23 (L) Payments, Additional Grants in Aid and Other
24 Requirements.
25 (1) For a school district operating under the financial
26 supervision of an Authority created under Article 34A, the
27 general State aid otherwise payable to that district under
28 this Section, but not the supplemental general State aid,
29 shall be reduced by an amount equal to the budget for the
30 operations of the Authority as certified by the Authority to
31 the State Board of Education, and an amount equal to such
32 reduction shall be paid to the Authority created for such
33 district for its operating expenses in the manner provided in
34 Section 18-11. The remainder of general State school aid for
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1 any such district shall be paid in accordance with Article
2 34A when that Article provides for a disposition other than
3 that provided by this Article.
4 (2) Impaction. Impaction payments shall be made as
5 provided for in Section 18-4.2.
6 (3) Summer school. Summer school payments shall be made
7 as provided in Section 18-4.3.
8 (M) Education Funding Advisory Board.
9 The Education Funding Advisory Board, hereinafter in this
10 subsection (M) referred to as the "Board", is hereby created.
11 The Board shall consist of 5 members who are appointed by the
12 Governor, by and with the advice and consent of the Senate.
13 The members appointed shall include representatives of
14 education, business, and the general public. One of the
15 members so appointed shall be designated by the Governor at
16 the time the appointment is made as the chairperson of the
17 Board. The initial members of the Board may be appointed any
18 time after the effective date of this amendatory Act of 1997.
19 The regular term of each member of the Board shall be for 4
20 years from the third Monday of January of the year in which
21 the term of the member's appointment is to commence, except
22 that of the 5 initial members appointed to serve on the
23 Board, the member who is appointed as the chairperson shall
24 serve for a term that commences on the date of his or her
25 appointment and expires on the third Monday of January, 2002,
26 and the remaining 4 members, by lots drawn at the first
27 meeting of the Board that is held after all 5 members are
28 appointed, shall determine 2 of their number to serve for
29 terms that commence on the date of their respective
30 appointments and expire on the third Monday of January, 2001,
31 and 2 of their number to serve for terms that commence on the
32 date of their respective appointments and expire on the third
33 Monday of January, 2000. All members appointed to serve on
34 the Board shall serve until their respective successors are
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1 appointed and confirmed. Vacancies shall be filled in the
2 same manner as original appointments. If a vacancy in
3 membership occurs at a time when the Senate is not in
4 session, the Governor shall make a temporary appointment
5 until the next meeting of the Senate, when he or she shall
6 appoint, by and with the advice and consent of the Senate, a
7 person to fill that membership for the unexpired term. If
8 the Senate is not in session when the initial appointments
9 are made, those appointments shall be made as in the case of
10 vacancies.
11 The Education Funding Advisory Board shall be deemed
12 established, and the initial members appointed by the
13 Governor to serve as members of the Board shall take office,
14 on the date that the Governor makes his or her appointment of
15 the fifth initial member of the Board, whether those initial
16 members are then serving pursuant to appointment and
17 confirmation or pursuant to temporary appointments that are
18 made by the Governor as in the case of vacancies.
19 The State Board of Education shall provide such staff
20 assistance to the Education Funding Advisory Board as is
21 reasonably required for the proper performance by the Board
22 of its responsibilities.
23 For school years after the 2000-2001 school year, the
24 Education Funding Advisory Board, in consultation with the
25 State Board of Education, shall make recommendations as
26 provided in this subsection (M) to the General Assembly for
27 the foundation level under subdivision (B)(3) of this Section
28 and for the supplemental general State aid grant level under
29 subsection (H) of this Section for districts with high
30 concentrations of children from poverty. The recommended
31 foundation level shall be determined based on a methodology
32 which incorporates the basic education expenditures of
33 low-spending schools exhibiting high academic performance.
34 The Education Funding Advisory Board shall make such
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1 recommendations to the General Assembly on January 1 of odd
2 numbered years, beginning January 1, 2001.
3 (N) General State Aid Adjustment Grant.
4 (1) Any school district subject to property tax
5 extension limitations as imposed under the provisions of the
6 Property Tax Extension Limitation Law shall be entitled to
7 receive, subject to the qualifications and requirements of
8 this subsection, a general State aid adjustment grant.
9 Eligibility for this grant shall be determined on an annual
10 basis and claims for grant payments shall be paid subject to
11 appropriations made specific to this subsection. For
12 purposes of this subsection the following terms shall have
13 the following meanings:
14 "Budget Year": The school year for which general State
15 aid is calculated and awarded under subsection (E).
16 "Current Year": The school year immediately preceding
17 the Budget Year.
18 "Base Tax Year": The property tax levy year used to
19 calculate the Budget Year allocation of general State aid.
20 "Preceding Tax Year": The property tax levy year
21 immediately preceding the Base Tax Year.
22 "Extension Limitation Ratio": A numerical ratio,
23 certified by a school district's County Clerk, in which the
24 numerator is the Base Tax Year's tax extension amount
25 resulting from the Limiting Operating Tax Rate and the
26 denominator is the Preceding Tax Year's tax extension amount
27 resulting from the Limiting Operating Tax Rate.
28 "Limiting Rate": The limiting rate as defined in the
29 Property Tax Extension Limitation Law.
30 "Preliminary Tax Rate": The tax rate for all purposes
31 except bond and interest that would have been used to extend
32 those taxes absent the provisions of the Property Tax
33 Extension Limitation Law. "Operating Tax Rate": The
34 operating tax rate as defined in subsection (A).
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1 (2) To qualify for a general State aid adjustment grant,
2 a school district must meet all of the following eligibility
3 criteria for each Budget Year for which a grant is claimed:
4 (a) (Blank). The Operating Tax Rate of the school
5 district in the Preceding Tax Year was at least 3.00% in
6 the case of a school district maintaining grades
7 kindergarten through 12, at least 2.30% in the case of a
8 school district maintaining grades kindergarten through
9 8, or at least 1.41% in the case of a school district
10 maintaining grades 9 through 12.
11 (b) The Preliminary Operating Tax Rate of the
12 school district for the Base Tax Year was reduced by the
13 Clerk of the County as a result of the requirements of
14 the Property Tax Extension Limitation Law.
15 (c) The Available Local Resources per pupil of the
16 school district as calculated pursuant to subsection (D)
17 using the Base Tax Year are less than the product of 1.75
18 times the Foundation Level for the Budget Year.
19 (d) The school district has filed a proper and
20 timely claim for a general State aid adjustment grant as
21 required under this subsection.
22 (3) A claim for grant assistance under this subsection
23 shall be filed with the State Board of Education on or before
24 April January 1 of the Current Year for a grant for the
25 Budget Year. The claim shall be made on forms prescribed by
26 the State Board of Education and must be accompanied by a
27 written statement from the Clerk of the County, certifying:
28 (a) That the school district had has its
29 Preliminary Tax Rate extension for the Base Tax Year
30 reduced as a result of the Property Tax Extension
31 Limitation Law.
32 (b) (Blank). That the Operating Tax Rate of the
33 school district for the Preceding Tax Year met the tax
34 rate requirements of subdivision (N)(2) of this Section.
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1 (c) The Extension Limitation Ratio as that term is
2 defined in this subsection.
3 (4) On or before August 1 of the Budget Year the State
4 Board of Education shall calculate, for all school districts
5 meeting the other requirements of this subsection, the amount
6 of the general State aid adjustment grant, if any, that the
7 school districts are eligible to receive in the Budget Year.
8 The amount of the general State aid adjustment grant shall be
9 calculated as follows:
10 (a) Determine the school district's general State
11 aid grant for the Budget Year as provided in accordance
12 with the provisions of subsection (E).
13 (b) Determine the school district's adjusted level
14 of general State aid by utilizing in the calculation of
15 Available Local Resources an equalized assessed valuation
16 that is the equalized assessed valuation that was used to
17 calculate the general State aid for the preceding fiscal
18 year of the Preceding Tax Year multiplied by the
19 Extension Limitation Ratio.
20 (c) Subtract the sum derived in subparagraph (a)
21 from the sum derived in subparagraph (b). If the result
22 is a positive number, that amount shall be the general
23 State aid adjustment grant that the district is eligible
24 to receive.
25 (5) The State Board of Education shall in the Current
26 Year, based upon claims filed in the Current Year, recommend
27 to the General Assembly an appropriation amount for the
28 general State aid adjustment grants to be made in the Budget
29 Year.
30 (6) Claims for general State aid adjustment grants shall
31 be paid in a lump sum on or before January 1 of the Budget
32 Year only from appropriations made by the General Assembly
33 expressly for claims under this subsection. No such claims
34 may be paid from amounts appropriated for any other purpose
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1 provided for under this Section. In the event that the
2 appropriation for claims under this subsection is
3 insufficient to meet all Budget Year claims for a general
4 State aid adjustment grant, the appropriation available shall
5 be proportionately prorated by the State Board of Education
6 amongst all districts filing for and entitled to payments.
7 (7) The State Board of Education shall promulgate the
8 required claim forms and rules necessary to implement the
9 provisions of this subsection.
10 (O) References.
11 (1) References in other laws to the various subdivisions
12 of Section 18-8 as that Section existed before its repeal and
13 replacement by this Section 18-8.05 shall be deemed to refer
14 to the corresponding provisions of this Section 18-8.05, to
15 the extent that those references remain applicable.
16 (2) References in other laws to State Chapter 1 funds
17 shall be deemed to refer to the supplemental general State
18 aid provided under subsection (H) of this Section.
19 (Source: P.A. 90-548, eff. 7-1-98.)
20 (105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
21 Sec. 21-2. Grades of certificates.
22 (a) Until January 1, 1999, all certificates issued under
23 this Article shall be State certificates valid, except as
24 limited in Section 21-1, in every school district coming
25 under the provisions of this Act and shall be limited in time
26 and designated as follows: Provisional vocational
27 certificate, temporary provisional vocational certificate,
28 early childhood certificate, elementary school certificate,
29 special certificate, high school certificate, school service
30 personnel certificate, administrative certificate,
31 provisional certificate, and substitute certificate. The
32 requirement of student teaching under close and competent
33 supervision for obtaining a teaching certificate may be
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1 waived by the State Teacher Certification Board upon
2 presentation to the Board by the teacher of evidence of 5
3 years successful teaching experience on a valid certificate
4 and graduation from a recognized institution of higher
5 learning with a bachelor's degree with not less than 120
6 semester hours and a minimum of 16 semester hours in
7 professional education.
8 (b) Initial Teaching Certificate. Beginning January 1,
9 1999, persons who (1) have completed an approved teacher
10 preparation program, (2) are recommended by an approved
11 teacher preparation program, (3) have successfully completed
12 the Initial Teaching Certification examinations required by
13 the State Board of Education, and (4) have met all other
14 criteria established by the State Board of Education in
15 consultation with the State Teacher Certification Board,
16 shall be issued an Initial Teaching Certificate valid for 4
17 years of teaching. Initial Teaching Certificates shall be
18 issued for categories corresponding to Early Childhood
19 Education, Elementary Education, and Secondary Education, and
20 Special K-12, with special certification designations for
21 Special Education, Bilingual Education, fundamental learning
22 areas (including Language Arts, Reading, Mathematics,
23 Science, Social Science, Physical Development and Health,
24 Fine Arts, and Foreign Language), and other areas designated
25 by the State Board of Education, in consultation with the
26 State Teacher Certification Board.
27 (c) Standard Certificate. Beginning January 1, 1999,
28 persons who (1) have completed 4 years of teaching with an
29 Initial Certificate, have successfully completed the Standard
30 Teaching Certificate examinations, and have met all other
31 criteria established by the State Board of Education in
32 consultation with the State Teacher Certification Board, or
33 (2) were issued teaching certificates prior to January 1,
34 1999 and are renewing those certificates after January 1,
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1 1999, shall be issued a Standard Certificate valid for 5
2 years, which may be renewed thereafter every 5 years by the
3 State Teacher Certification Board based on proof of
4 continuing education or professional development. Standard
5 Certificates shall be issued for categories corresponding to
6 Early Childhood Education, Elementary Education, and
7 Secondary Education, and Special K-12, with special
8 certification designations for Special Education, Bilingual
9 Education, fundamental learning areas (including Language
10 Arts, Reading, Mathematics, Science, Social Science, Physical
11 Development and Health, Fine Arts, and Foreign Language), and
12 other areas designated by the State Board of Education, in
13 consultation with the State Teacher Certification Board.
14 (d) Master Certificate. Beginning January 1, 1999,
15 persons who have successfully achieved National Board
16 certification through the National Board for Professional
17 Teaching Standards shall be issued a Master Certificate,
18 valid for 7 years and renewable thereafter every 7 years
19 through compliance with requirements set forth by the State
20 Board of Education.
21 (Source: P.A. 90-548, eff. 1-1-98.)
22 (105 ILCS 5/21-2a) (from Ch. 122, par. 21-2a)
23 Sec. 21-2a. Required instruction curriculum for all
24 teachers. After September 1, 1981 and until January 1, 1999,
25 in addition to all other requirements, the successful
26 completion of course work which includes instruction on the
27 psychology of the exceptional child, the identification of
28 the exceptional child, including, but not limited to the
29 learning disabled and methods of instruction for the
30 exceptional child, including, but not limited to the learning
31 disabled shall be a prerequisite to a person receiving any of
32 the following certificates: early childhood, elementary,
33 special and high school.
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1 After January 1, 1999, the State Board of Education shall
2 ensure that the curriculum for all approved teacher
3 preparation programs includes, and that all prospective
4 teachers pursuing Early Childhood, Elementary, Secondary, or
5 Special K-12 certificates receive, instruction on the
6 psychology of, the identification of, and the methods of
7 instruction for the exceptional child, including without
8 limitation the learning disabled. This instruction on
9 exceptional children may be provided in one concentrated
10 course or may be integrated among other courses within the
11 teacher preparation program as shall be determined by the
12 State Board of Education.
13 (Source: P.A. 90-548, eff. 1-1-98.)
14 (105 ILCS 5/21-4) (from Ch. 122, par. 21-4)
15 Sec. 21-4. Special certificate.
16 (a) A special certificate shall be valid for 4 years for
17 teaching the special subjects named therein in all grades of
18 the common schools. Subject to the provisions of Section
19 21-1a, it shall be issued to persons who have graduated from
20 a recognized institution of higher learning with a bachelor's
21 degree and with not fewer than 120 semester hours including a
22 minimum of 16 semester hours in professional education, 5 of
23 which shall be in student teaching under competent and close
24 supervision. When the holder of such certificate has earned a
25 master's degree, including eight semester hours of graduate
26 professional education from a recognized institution of
27 higher learning and with two years' teaching experience, it
28 may be endorsed for supervision.
29 Such persons shall be recommended for the special
30 certificate by a recognized institution as having completed
31 an approved program of preparation which includes academic
32 and professional courses approved by the State Superintendent
33 of Education in consultation with the State Teacher
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1 Certification Board.
2 (b) Those persons holding special certificates on
3 January 1, 1999 shall be eligible for one of the following:
4 (1) The issuance of Standard Elementary and
5 Standard Secondary Certificates with appropriate special
6 certification designations as determined by the State
7 Board of Education, in consultation with the State
8 Teacher Certification Board, and consistent with rules
9 adopted by the State Board of Education. These
10 certificates shall be renewed as provided in subsection
11 (c) of Section 21-2.
12 (2) The issuance of Standard Special K-12
13 Certificates with appropriate special certification
14 designations, which shall be renewed as provided in
15 subsection (c) of Section 21-2. These certificates shall
16 not be eligible for additional certification designations
17 except as approved by the State Board of Education, in
18 consultation with the State Teacher Certification Board.
19 (c) Those persons eligible to receive K-12 certification
20 after January 1, 1999 shall be issued Initial Elementary and
21 Initial Secondary Certificates with appropriate special
22 certification designations pursuant to this Section or
23 Initial Special K-12 Certificates with appropriate special
24 certification designations pursuant to this Section. These
25 Initial K-12 Special Certificates shall not be eligible for
26 additional certification designations except as approved by
27 the State Board of Education, in consultation with the State
28 Teacher Certification Board.
29 Beginning January 1, 1999, special certification designations
30 shall be issued for Special Education, Bilingual Education,
31 fundamental learning areas (Language Arts, Reading,
32 Mathematics, Science, Social Science, Physical Development
33 and Health, Fine Arts, and Foreign Language), and other areas
34 designated by the State Board of Education, to persons who
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1 meet all of the criteria established by the State Board of
2 Education, in consultation with the State Teacher
3 Certification Board.
4 (Source: P.A. 90-548, eff. 1-1-98.)
5 (105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
6 Sec. 21-14. Registration and renewal of certificates.
7 (a) A limited four-year certificate or a certificate
8 issued after July 1, 1955, shall be renewable at its
9 expiration or within 60 days thereafter by the county
10 superintendent of schools having supervision and control over
11 the school where the teacher is teaching upon certified
12 evidence of meeting the requirements for renewal as required
13 by this Act and prescribed by the State Board of Education in
14 consultation with the State Teacher Certification Board. An
15 elementary supervisory certificate shall not be renewed at
16 the end of the first four-year period covered by the
17 certificate unless the holder thereof has filed certified
18 evidence with the State Teacher Certification Board that he
19 has a master's degree or that he has earned 8 semester hours
20 of credit in the field of educational administration and
21 supervision in a recognized institution of higher learning.
22 The holder shall continue to earn 8 semester hours of credit
23 each four-year period until such time as he has earned a
24 master's degree.
25 All certificates not renewed or registered as herein
26 provided shall lapse after a period of 4 years from the
27 expiration of the last year of registration. Such
28 certificates may be reinstated for a one year period upon
29 payment of all accumulated registration fees. Such
30 reinstated certificates shall only be renewed: (1) by earning
31 5 semester hours of credit in a recognized institution of
32 higher learning in the field of professional education or in
33 courses related to the holder's contractual teaching duties;
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1 or (2) by presenting evidence of holding a valid regular
2 certificate of some other type. Any certificate may be
3 voluntarily surrendered by the certificate holder. A
4 voluntarily surrendered certificate shall be treated as a
5 revoked certificate.
6 (b) When those teaching certificates issued before
7 January 1, 1999 are renewed for the first time after January
8 1, 1999, all such teaching certificates shall be exchanged
9 for Standard Teaching Certificates as provided in subsection
10 (c) of Section 21-2. All Initial and Standard Teaching
11 Certificates, including those issued to persons who
12 previously held teaching certificates issued before January
13 1, 1999, shall be renewable under the conditions set forth in
14 this subsection (b).
15 Initial Teaching Certificates are valid for 4 years and
16 are nonrenewable and are valid for 4 years of teaching.
17 Standard Teaching Certificates are renewable every 5 years as
18 provided in subsection (c) of Section 21-2.
19 (Source: P.A. 90-548, eff. 1-1-98.)
20 (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
21 Sec. 24-11. Boards of Education - Boards of School
22 Inspectors - Contractual continued service. As used in this
23 and the succeeding Sections of this Article:
24 "Teacher" means any or all school district employees
25 regularly required to be certified under laws relating to the
26 certification of teachers.
27 "Board" means board of directors, board of education, or
28 board of school inspectors, as the case may be.
29 "School term" means that portion of the school year, July
30 1 to the following June 30, when school is in actual session.
31 This Section and Sections 24-12 through 24-16 of this
32 Article apply only to school districts having less than
33 500,000 inhabitants.
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1 Any teacher who has been employed in any district as a
2 full-time teacher for a probationary period of 2 consecutive
3 school terms shall enter upon contractual continued service
4 unless given written notice of dismissal stating the specific
5 reason therefor, by certified mail, return receipt requested
6 by the employing board at least 45 days before the end of
7 such period; except that for a teacher who is first employed
8 as a full-time teacher by a school district on or after
9 January 1, 1998 and who has not before that date already
10 entered upon contractual continued service in that district,
11 the probationary period shall be 4 consecutive school terms
12 before the teacher shall enter upon contractual continued
13 service. For the purpose of determining contractual
14 continued service, the first probationary year shall be any
15 full-time employment from a date before November 1 through
16 the end of the school year. If, however, a teacher who was
17 first employed prior to January 1, 1998 has not had one
18 school term of full-time teaching experience before the
19 beginning of a probationary period of 2 consecutive school
20 terms, the employing board may at its option extend the
21 probationary period for one additional school term by giving
22 the teacher written notice by certified mail, return receipt
23 requested, at least 45 days before the end of the second
24 school term of the period of 2 consecutive school terms
25 referred to above. This notice must state the reasons for
26 the one year extension and must outline the corrective
27 actions that the teacher must take to satisfactorily complete
28 probation. The changes made by this amendatory Act of 1998
29 are declaratory of existing law.
30 Any full-time teacher who is not completing the last year
31 of the probationary period described in the preceding
32 paragraph, or any teacher employed on a full-time basis not
33 later than January 1 of the school term, shall receive
34 written notice from the employing board at least 45 days
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1 before the end of any school term whether or not he will be
2 re-employed for the following school term. If the board fails
3 to give such notice, the employee shall be deemed reemployed,
4 and not later than the close of the then current school term
5 the board shall issue a regular contract to the employee as
6 though the board had reemployed him in the usual manner.
7 Contractual continued service shall continue in effect
8 the terms and provisions of the contract with the teacher
9 during the last school term of the probationary period,
10 subject to this Act and the lawful regulations of the
11 employing board. This Section and succeeding Sections do not
12 modify any existing power of the board except with respect to
13 the procedure of the discharge of a teacher and reductions in
14 salary as hereinafter provided. Contractual continued service
15 status shall not restrict the power of the board to transfer
16 a teacher to a position which the teacher is qualified to
17 fill or to make such salary adjustments as it deems
18 desirable, but unless reductions in salary are uniform or
19 based upon some reasonable classification, any teacher whose
20 salary is reduced shall be entitled to a notice and a hearing
21 as hereinafter provided in the case of certain dismissals or
22 removals.
23 The employment of any teacher in a program of a special
24 education joint agreement established under Section 3-15.14,
25 10-22.31 or 10-22.31a shall be under this and succeeding
26 Sections of this Article. For purposes of attaining and
27 maintaining contractual continued service and computing
28 length of continuing service as referred to in this Section
29 and Section 24-12, employment in a special educational joint
30 program shall be deemed a continuation of all previous
31 certificated employment of such teacher for such joint
32 agreement whether the employer of the teacher was the joint
33 agreement, the regional superintendent, or one of the
34 participating districts in the joint agreement.
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1 Any teacher employed after July 1, 1987 as a full-time
2 teacher in a program of a special education joint agreement,
3 whether the program is operated by the joint agreement or a
4 member district on behalf of the joint agreement, for a
5 probationary period of two consecutive years shall enter upon
6 contractual continued service in all of the programs
7 conducted by such joint agreement which the teacher is
8 legally qualified to hold; except that for a teacher who is
9 first employed on or after January 1, 1998 in a program of a
10 special education joint agreement and who has not before that
11 date already entered upon contractual continued service in
12 all of the programs conducted by the joint agreement that the
13 teacher is legally qualified to hold, the probationary period
14 shall be 4 consecutive years before the teacher enters upon
15 contractual continued service in all of those programs. In
16 the event of a reduction in the number of programs or
17 positions in the joint agreement, the teacher on contractual
18 continued service shall be eligible for employment in the
19 joint agreement programs for which the teacher is legally
20 qualified in order of greater length of continuing service in
21 the joint agreement unless an alternative method of
22 determining the sequence of dismissal is established in a
23 collective bargaining agreement. In the event of the
24 dissolution of a joint agreement, the teacher on contractual
25 continued service who is legally qualified shall be assigned
26 to any comparable position in a member district currently
27 held by a teacher who has not entered upon contractual
28 continued service or held by a teacher who has entered upon
29 contractual continued service with shorter length of
30 contractual continued service.
31 The governing board of the joint agreement, or the
32 administrative district, if so authorized by the articles of
33 agreement of the joint agreement, rather than the board of
34 education of a school district, may carry out employment and
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1 termination actions including dismissals under this Section
2 and Section 24-12.
3 For purposes of this and succeeding Sections of this
4 Article, a program of a special educational joint agreement
5 shall be defined as instructional, consultative, supervisory,
6 administrative, diagnostic, and related services which are
7 managed by the special educational joint agreement designed
8 to service two or more districts which are members of the
9 joint agreement.
10 Each joint agreement shall be required to post by
11 February 1, a list of all its employees in order of length of
12 continuing service in the joint agreement, unless an
13 alternative method of determining a sequence of dismissal is
14 established in an applicable collective bargaining agreement.
15 The employment of any teacher in a special education
16 program authorized by Section 14-1.01 through 14-14.01, or a
17 joint educational program established under Section
18 10-22.31a, shall be under this and the succeeding Sections of
19 this Article, and such employment shall be deemed a
20 continuation of the previous employment of such teacher in
21 any of the participating districts, regardless of the
22 participation of other districts in the program. Any teacher
23 employed as a full-time teacher in a special education
24 program prior to September 23, 1987 in which 2 or more school
25 districts participate for a probationary period of 2
26 consecutive years shall enter upon contractual continued
27 service in each of the participating districts, subject to
28 this and the succeeding Sections of this Article, and in the
29 event of the termination of the program shall be eligible for
30 any vacant position in any of such districts for which such
31 teacher is qualified.
32 (Source: P.A. 90-548, eff. 1-1-98.)
33 (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5)
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1 Sec. 24A-5. Content of evaluation plans. Each school
2 district to which this Article applies shall establish a
3 teacher evaluation plan which ensures that each teacher in
4 contractual continued service is evaluated at least once in
5 the course of every 2 school years, beginning with the
6 1986-87 school year.
7 The evaluation plan shall comply with the requirements of
8 this Section and of any rules adopted by the State Board of
9 Education pursuant to this Section.
10 The plan shall include a description of each teacher's
11 duties and responsibilities and of the standards to which
12 that teacher is expected to conform.
13 The plan may provide for evaluation of personnel whose
14 positions require administrative certification by independent
15 evaluators not employed by or affiliated with the school
16 district. The results of the school district administrators'
17 evaluations shall be reported to the employing school board,
18 together with such recommendations for remediation as the
19 evaluator or evaluators may deem appropriate.
20 Evaluation of teachers whose positions do not require
21 administrative certification shall be conducted by an
22 administrator qualified under Section 24A-3, or -- in school
23 districts having a population exceeding 500,000 -- by either
24 an administrator qualified under Section 24A-3 or an
25 assistant principal under the supervision of an administrator
26 qualified under Section 24A-3, and shall include at least the
27 following components:
28 (a) personal observation of the teacher in the
29 classroom (on at least 2 different school days in school
30 districts having a population exceeding 500,000) by a
31 district administrator qualified under Section 24A-3, or
32 -- in school districts having a population exceeding
33 500,000 -- by either an administrator qualified under
34 Section 24A-3 or an assistant principal under the
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1 supervision of an administrator qualified under Section
2 24A-3, unless the teacher has no classroom duties.
3 (b) consideration of the teacher's attendance,
4 planning, and instructional methods, classroom
5 management, where relevant, and competency in the subject
6 matter taught, where relevant.
7 (c) rating of the teacher's performance as
8 "excellent", "satisfactory" or "unsatisfactory".
9 (d) specification as to the teacher's strengths and
10 weaknesses, with supporting reasons for the comments
11 made.
12 (e) inclusion of a copy of the evaluation in the
13 teacher's personnel file and provision of a copy to the
14 teacher.
15 (f) within 30 days after completion of an
16 evaluation rating a teacher as "unsatisfactory",
17 development and commencement by the district, or by an
18 administrator qualified under Section 24A-3 or an
19 assistant principal under the supervision of an
20 administrator qualified under Section 24A-3 in school
21 districts having a population exceeding 500,000, of a
22 remediation plan designed to correct deficiencies cited,
23 provided the deficiencies are deemed remediable. In all
24 school districts the remediation plan for unsatisfactory,
25 tenured teachers shall provide for 90 school days of
26 remediation within the classroom. In all school
27 districts evaluations issued pursuant to this Section
28 shall be issued within 10 days after the conclusion of
29 the respective remediation plan. However, the school
30 board or other governing authority of the district shall
31 not lose jurisdiction to discharge a teacher in the event
32 the evaluation is not issued within 10 days after the
33 conclusion of the respective remediation plan.
34 (g) participation in the remediation plan by the
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1 teacher rated "unsatisfactory", a district administrator
2 qualified under Section 24A-3 (or -- in a school district
3 having a population exceeding 500,000 -- an administrator
4 qualified under Section 24A-3 or an assistant principal
5 under the supervision of an administrator qualified under
6 Section 24A-3), and a consulting teacher, selected by the
7 participating administrator or by the principal, or -- in
8 school districts having a population exceeding 500,000 --
9 by an administrator qualified under Section 24A-3 or by
10 an assistant principal under the supervision of an
11 administrator qualified under Section 24A-3, of the
12 teacher who was rated "unsatisfactory", which consulting
13 teacher is an educational employee as defined in the
14 Educational Labor Relations Act, has at least 5 years'
15 teaching experience and a reasonable familiarity with the
16 assignment of the teacher being evaluated, and who
17 received an "excellent" rating on his or her most recent
18 evaluation. Where no teachers who meet these criteria
19 are available within the district, the district shall
20 request and the State Board of Education shall supply, to
21 participate in the remediation process, an individual who
22 meets these criteria.
23 In a district having a population of less than
24 500,000 with an exclusive bargaining agent, the
25 bargaining agent may, if it so chooses, supply a roster
26 of qualified teachers from whom the consulting teacher is
27 to be selected. That roster shall, however, contain the
28 names of at least 5 teachers, each of whom meets the
29 criteria for consulting teacher with regard to the
30 teacher being evaluated, or the names of all teachers so
31 qualified if that number is less than 5. In the event of
32 a dispute as to qualification, the State Board shall
33 determine qualification.
34 (h) quarterly evaluations and ratings once every 30
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1 school days for the 90 school day remediation period one
2 year immediately following receipt of an "unsatisfactory"
3 rating of a teacher for whom a remediation plan provided
4 for under subsections (f) and (g) of this Section has
5 been developed; provided that in school districts having
6 a population exceeding 500,000 there shall be monthly
7 evaluations and ratings for the first 6 months and
8 quarterly evaluations and ratings for the next 6 months
9 immediately following completion of the remediation
10 program of a teacher for whom a remediation plan has been
11 developed. These subsequent evaluations shall be
12 conducted by the participating administrator, or -- in
13 school districts having a population exceeding 500,000 --
14 by either the principal or by an assistant principal
15 under the supervision of an administrator qualified under
16 Section 24A-3. The consulting teacher shall provide
17 advice to the teacher rated "unsatisfactory" on how to
18 improve teaching skills and to successfully complete the
19 remediation plan. The consulting teacher shall
20 participate in developing the remediation plan, but the
21 final decision as to the evaluation shall be done solely
22 by the administrator, or -- in school districts having a
23 population exceeding 500,000 -- by either the principal
24 or by an assistant principal under the supervision of an
25 administrator qualified under Section 24A-3, unless an
26 applicable collective bargaining agreement provides to
27 the contrary. Teachers in the remediation process in a
28 school district having a population exceeding 500,000 are
29 not subject to the annual evaluations described in
30 paragraphs (a) through (e) of this Section. Evaluations
31 at the conclusion of the remediation process shall be
32 separate and distinct from the required annual
33 evaluations of teachers and shall not be subject to the
34 guidelines and procedures relating to those annual
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1 evaluations. The evaluator may but is not required to
2 use the forms provided for the annual evaluation of
3 teachers in the district's evaluation plan.
4 (i) in school districts having a population of less
5 than 500,000, reinstatement to a schedule of biennial
6 evaluation for any teacher who completes the 90 school
7 day 1-year remediation plan with a "satisfactory" or
8 better rating, unless the district's plan regularly
9 requires more frequent evaluations; and in school
10 districts having a population exceeding 500,000,
11 reinstatement to a schedule of biennial evaluation for
12 any teacher who completes the 90 school day remediation
13 plan with a "satisfactory" or better rating and the one
14 year intensive review schedule as provided in paragraph
15 (h) of this Section with a "satisfactory" or better
16 rating, unless such district's plan regularly requires
17 more frequent evaluations.
18 (j) dismissal in accordance with Section 24-12 or
19 34-85 of The School Code of any teacher who fails to
20 complete any applicable remediation plan with a
21 "satisfactory" or better rating. Districts and teachers
22 subject to dismissal hearings are precluded from
23 compelling the testimony of consulting teachers at such
24 hearings under Section 24-12 or 34-85, either as to the
25 rating process or for opinions of performances by
26 teachers under remediation.
27 In a district subject to a collective bargaining
28 agreement as of the effective date of this amendatory Act of
29 1997, any changes made by this amendatory Act to the
30 provisions of this Section that are contrary to the express
31 terms and provisions of that agreement shall go into effect
32 in that district only upon expiration of that agreement.
33 Thereafter, collectively bargained evaluation plans shall at
34 a minimum meet the standards of this Article. If such a
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1 district has an evaluation plan, however, whether pursuant to
2 the collective bargaining agreement or otherwise, a copy of
3 that plan shall be submitted to the State Board of Education
4 for review and comment, in accordance with Section 24A-4.
5 Nothing in this Section shall be construed as preventing
6 immediate dismissal of a teacher for deficiencies which are
7 deemed irremediable or for actions which are injurious to or
8 endanger the health or person of students in the classroom or
9 school. Failure to strictly comply with the time requirements
10 contained in Section 24A-5 shall not invalidate the results
11 of the remediation plan.
12 (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)
13 Section 15. The School Construction Law is amended by
14 adding Section 5-37 as follows:
15 (105 ILCS 230/5-37 new)
16 Sec. 5-37. Carry over projects. If a school district has
17 been issued a grant entitlement for a school construction
18 project, has arranged and approved all local financing, and
19 is eligible to receive a school construction project grant
20 award in any fiscal year, but does not receive such award in
21 that year due to lack of adequate appropriations, such school
22 construction projects shall be placed ahead of any new school
23 construction projects within the same priority category as
24 defined in Section 5-30 that are approved for grant awards
25 for the following year.
26 Section 99. This Act takes effect upon becoming law,
27 except the changes to Sec. 18-8.05 of the School Code which
28 shall take effect July 1, 1998.