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90_SB0645ham001
LRB9002758THdvam02
1 AMENDMENT TO SENATE BILL 645
2 AMENDMENT NO. . Amend Senate Bill 645 by replacing
3 the title with the following:
4 "AN ACT in relation to education, amending named Acts.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The State Finance Act is amended by adding
9 Sections 5.499 and 5.550 as follows:
10 (30 ILCS 105/5.449 new)
11 Sec. 5.449. The Education Property Tax Relief Fund.
12 (30 ILCS 105/5.550 new)
13 Sec. 5.550. The School Capital and Technology
14 Infrastructure Fund.
15 Section 10. The State Revenue Sharing Act is amended by
16 adding Section 7 as follows:
17 (30 ILCS 115/7 new)
18 Sec. 7. Education Property Tax Relief Fund. There is
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1 hereby created the Education Property Tax Relief Fund, a
2 special fund in the State Treasury.
3 For purposes of this Section, "Department" means the
4 Department of Revenue and "levy year" has the same meaning as
5 "year" under Section 1-155 of the Property Tax Code.
6 For purposes of this Section, "allocation basis levy
7 year" is the levy year 2 years prior to the distribution
8 year.
9 For purposes of this Section, the "operating tax rate"
10 shall consist of all school district property taxes extended
11 for all purposes, except community college educational
12 purposes for the payment of tuition under Section 6-1 of the
13 Public Community College Act, Bond and Interest, Summer
14 School, Rent, Capital Improvement, and Vocational Education
15 Building purposes.
16 By December 1 of each year, beginning December 1, 1997,
17 the Bureau of the Budget shall certify to the Department of
18 Revenue its estimate of the funds that will be available for
19 distribution from the Education Property Tax Relief Fund in
20 the next calendar year.
21 The Department shall determine the amount to be
22 distributed to the County Treasurer of each county for each
23 school district subject to the School Code in the county from
24 the Education Property Tax Relief Fund for each calendar
25 year, beginning in 1998. On or before January 1, 1998 and
26 each January 1 thereafter, the Department shall certify to
27 each county clerk the amount to be distributed for each
28 school district in the county that year. The amount shall
29 equal the Bureau of the Budget's estimate of the funds
30 available for the Education Property Tax Relief Fund for the
31 fiscal year in effect at the beginning of the calendar year
32 in which the funds will be distributed multiplied by an
33 allocation factor for each school district. The allocation
34 factor shall equal the amount extended for the operating tax
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1 rate of each county's portion of each school district on the
2 classes of property eligible for the School Tax Abatement
3 under Section 18-162 of the Property Tax Code divided by the
4 sum of the total of such extensions for all school districts
5 in the State. The data used in determining this factor shall
6 be the most recent available to the Department submitted by
7 the County Clerk of each county pursuant to Section 18-255 of
8 the Property Tax Code by October 1 prior to the Department's
9 certification to the county clerks under this Section.
10 On February 1, 1998 and on February 1 of each calendar
11 year thereafter, the Department shall certify to the State
12 Comptroller an amount to be paid over to the county treasurer
13 in any county with 3,000,000 or more inhabitants, which is
14 required by Section 21-30 of the Property Tax Code to send an
15 estimated property tax bill by January 31 annually and an
16 actual tax bill by June 30 annually, equal to 50% of the
17 amount certified by the Department to be distributed to the
18 school districts in that county under this Section. On May
19 15, 1998 and on May 15 of each calendar year thereafter, the
20 Department shall certify to the State Comptroller an amount
21 to be paid over to the county treasurer in each county of
22 fewer than 3,000,000 inhabitants equal to 50% of the amount
23 certified by the Department to be distributed to the school
24 districts in each such county under this Section. On August
25 15, 1998, and on August 15 of each calendar year thereafter,
26 the Department shall certify to the State Comptroller an
27 amount to be paid over to the county treasurer of each county
28 in the State equal to 50% of the amount certified by the
29 Department to be distributed to the school districts in each
30 county under this Section. The State Comptroller shall pay
31 from the Education Property Tax Relief Fund all amounts
32 certified to the State Comptroller under this Section.
33 The county treasurer shall promptly distribute the funds
34 to each school district based on the amount certified to the
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1 county clerk by the Department under this Section.
2 Beginning with the January 1, 1999 certification by the
3 Department to the county clerks under this Section, and each
4 January 1 thereafter, the Department shall recalculate the
5 previous year's allocation factor for each school district
6 using the most recent available extension information
7 supplied under Section 18-255 of the Property Tax Code for
8 property taxes extended for the allocation basis levy year
9 applicable to the previous year's allocation. The current
10 year's allocation shall be adjusted by the difference between
11 this recalculation of the previous year's allocation and the
12 actual allocation and distribution in the previous year.
13 Section 15. The Illinois Income Tax Act is amended by
14 changing Sections 201, 203, 804, and 901 and by adding
15 Section 202.5 as follows:
16 (35 ILCS 5/201) (from Ch. 120, par. 2-201)
17 Sec. 201. Tax Imposed.
18 (a) In general. A tax measured by net income is hereby
19 imposed on every individual, corporation, trust and estate
20 for each taxable year ending after July 31, 1969 on the
21 privilege of earning or receiving income in or as a resident
22 of this State. Such tax shall be in addition to all other
23 occupation or privilege taxes imposed by this State or by any
24 municipal corporation or political subdivision thereof.
25 (b) Rates. The tax imposed by subsection (a) of this
26 Section shall be determined as follows:
27 (1) In the case of an individual, trust or estate,
28 for taxable years ending prior to July 1, 1989, an amount
29 equal to 2 1/2% of the taxpayer's net income for the
30 taxable year.
31 (2) In the case of an individual, trust or estate,
32 for taxable years beginning prior to July 1, 1989 and
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1 ending after June 30, 1989, an amount equal to the sum of
2 (i) 2 1/2% of the taxpayer's net income for the period
3 prior to July 1, 1989, as calculated under Section 202.3,
4 and (ii) 3% of the taxpayer's net income for the period
5 after June 30, 1989, as calculated under Section 202.3.
6 (3) In the case of an individual, trust or estate,
7 for taxable years beginning after June 30, 1989, and
8 ending prior to July 1, 1997, an amount equal to 3% of
9 the taxpayer's net income for the taxable year.
10 (4) In the case of an individual, trust, or estate,
11 for taxable years beginning prior to July 1, 1997 and
12 ending after June 30, 1997, an amount equal to the sum of
13 (i) 3% of the taxpayer's net income for the period prior
14 to July 1, 1997, as calculated under Section 202.5, and
15 (ii) 3.75% of the taxpayer's net income for the period
16 after June 30, 1997, as calculated under Section 202.5
17 (Blank).
18 (5) In the case of an individual, trust, or estate,
19 for taxable years beginning after June 30, 1997, an
20 amount equal to 3.75% of the taxpayer's net income for
21 the taxable year (Blank).
22 (6) In the case of a corporation, for taxable years
23 ending prior to July 1, 1989, an amount equal to 4% of
24 the taxpayer's net income for the taxable year.
25 (7) In the case of a corporation, for taxable years
26 beginning prior to July 1, 1989 and ending after June 30,
27 1989, an amount equal to the sum of (i) 4% of the
28 taxpayer's net income for the period prior to July 1,
29 1989, as calculated under Section 202.3, and (ii) 4.8% of
30 the taxpayer's net income for the period after June 30,
31 1989, as calculated under Section 202.3.
32 (8) In the case of a corporation, for taxable years
33 beginning after June 30, 1989, an amount equal to 4.8% of
34 the taxpayer's net income for the taxable year.
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1 (c) Beginning on July 1, 1979 and thereafter, in
2 addition to such income tax, there is also hereby imposed the
3 Personal Property Tax Replacement Income Tax measured by net
4 income on every corporation (including Subchapter S
5 corporations), partnership and trust, for each taxable year
6 ending after June 30, 1979. Such taxes are imposed on the
7 privilege of earning or receiving income in or as a resident
8 of this State. The Personal Property Tax Replacement Income
9 Tax shall be in addition to the income tax imposed by
10 subsections (a) and (b) of this Section and in addition to
11 all other occupation or privilege taxes imposed by this State
12 or by any municipal corporation or political subdivision
13 thereof.
14 (d) Additional Personal Property Tax Replacement Income
15 Tax Rates. The personal property tax replacement income tax
16 imposed by this subsection and subsection (c) of this Section
17 in the case of a corporation, other than a Subchapter S
18 corporation, shall be an additional amount equal to 2.85% of
19 such taxpayer's net income for the taxable year, except that
20 beginning on January 1, 1981, and thereafter, the rate of
21 2.85% specified in this subsection shall be reduced to 2.5%,
22 and in the case of a partnership, trust or a Subchapter S
23 corporation shall be an additional amount equal to 1.5% of
24 such taxpayer's net income for the taxable year.
25 (e) Investment credit. A taxpayer shall be allowed a
26 credit against the Personal Property Tax Replacement Income
27 Tax for investment in qualified property.
28 (1) A taxpayer shall be allowed a credit equal to
29 .5% of the basis of qualified property placed in service
30 during the taxable year, provided such property is placed
31 in service on or after July 1, 1984. There shall be
32 allowed an additional credit equal to .5% of the basis of
33 qualified property placed in service during the taxable
34 year, provided such property is placed in service on or
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1 after July 1, 1986, and the taxpayer's base employment
2 within Illinois has increased by 1% or more over the
3 preceding year as determined by the taxpayer's employment
4 records filed with the Illinois Department of Employment
5 Security. Taxpayers who are new to Illinois shall be
6 deemed to have met the 1% growth in base employment for
7 the first year in which they file employment records with
8 the Illinois Department of Employment Security. The
9 provisions added to this Section by Public Act 85-1200
10 (and restored by Public Act 87-895) shall be construed as
11 declaratory of existing law and not as a new enactment.
12 If, in any year, the increase in base employment within
13 Illinois over the preceding year is less than 1%, the
14 additional credit shall be limited to that percentage
15 times a fraction, the numerator of which is .5% and the
16 denominator of which is 1%, but shall not exceed .5%.
17 The investment credit shall not be allowed to the extent
18 that it would reduce a taxpayer's liability in any tax
19 year below zero, nor may any credit for qualified
20 property be allowed for any year other than the year in
21 which the property was placed in service in Illinois. For
22 tax years ending on or after December 31, 1987, and on or
23 before December 31, 1988, the credit shall be allowed for
24 the tax year in which the property is placed in service,
25 or, if the amount of the credit exceeds the tax liability
26 for that year, whether it exceeds the original liability
27 or the liability as later amended, such excess may be
28 carried forward and applied to the tax liability of the 5
29 taxable years following the excess credit years if the
30 taxpayer (i) makes investments which cause the creation
31 of a minimum of 2,000 full-time equivalent jobs in
32 Illinois, (ii) is located in an enterprise zone
33 established pursuant to the Illinois Enterprise Zone Act
34 and (iii) is certified by the Department of Commerce and
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1 Community Affairs as complying with the requirements
2 specified in clause (i) and (ii) by July 1, 1986. The
3 Department of Commerce and Community Affairs shall notify
4 the Department of Revenue of all such certifications
5 immediately. For tax years ending after December 31,
6 1988, the credit shall be allowed for the tax year in
7 which the property is placed in service, or, if the
8 amount of the credit exceeds the tax liability for that
9 year, whether it exceeds the original liability or the
10 liability as later amended, such excess may be carried
11 forward and applied to the tax liability of the 5 taxable
12 years following the excess credit years. The credit shall
13 be applied to the earliest year for which there is a
14 liability. If there is credit from more than one tax year
15 that is available to offset a liability, earlier credit
16 shall be applied first.
17 (2) The term "qualified property" means property
18 which:
19 (A) is tangible, whether new or used,
20 including buildings and structural components of
21 buildings and signs that are real property, but not
22 including land or improvements to real property that
23 are not a structural component of a building such as
24 landscaping, sewer lines, local access roads,
25 fencing, parking lots, and other appurtenances;
26 (B) is depreciable pursuant to Section 167 of
27 the Internal Revenue Code, except that "3-year
28 property" as defined in Section 168(c)(2)(A) of that
29 Code is not eligible for the credit provided by this
30 subsection (e);
31 (C) is acquired by purchase as defined in
32 Section 179(d) of the Internal Revenue Code;
33 (D) is used in Illinois by a taxpayer who is
34 primarily engaged in manufacturing, or in mining
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1 coal or fluorite, or in retailing; and
2 (E) has not previously been used in Illinois
3 in such a manner and by such a person as would
4 qualify for the credit provided by this subsection
5 (e) or subsection (f).
6 (3) For purposes of this subsection (e),
7 "manufacturing" means the material staging and production
8 of tangible personal property by procedures commonly
9 regarded as manufacturing, processing, fabrication, or
10 assembling which changes some existing material into new
11 shapes, new qualities, or new combinations. For purposes
12 of this subsection (e) the term "mining" shall have the
13 same meaning as the term "mining" in Section 613(c) of
14 the Internal Revenue Code. For purposes of this
15 subsection (e), the term "retailing" means the sale of
16 tangible personal property or services rendered in
17 conjunction with the sale of tangible consumer goods or
18 commodities.
19 (4) The basis of qualified property shall be the
20 basis used to compute the depreciation deduction for
21 federal income tax purposes.
22 (5) If the basis of the property for federal income
23 tax depreciation purposes is increased after it has been
24 placed in service in Illinois by the taxpayer, the amount
25 of such increase shall be deemed property placed in
26 service on the date of such increase in basis.
27 (6) The term "placed in service" shall have the
28 same meaning as under Section 46 of the Internal Revenue
29 Code.
30 (7) If during any taxable year, any property ceases
31 to be qualified property in the hands of the taxpayer
32 within 48 months after being placed in service, or the
33 situs of any qualified property is moved outside Illinois
34 within 48 months after being placed in service, the
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1 Personal Property Tax Replacement Income Tax for such
2 taxable year shall be increased. Such increase shall be
3 determined by (i) recomputing the investment credit which
4 would have been allowed for the year in which credit for
5 such property was originally allowed by eliminating such
6 property from such computation and, (ii) subtracting such
7 recomputed credit from the amount of credit previously
8 allowed. For the purposes of this paragraph (7), a
9 reduction of the basis of qualified property resulting
10 from a redetermination of the purchase price shall be
11 deemed a disposition of qualified property to the extent
12 of such reduction.
13 (8) Unless the investment credit is extended by
14 law, the basis of qualified property shall not include
15 costs incurred after December 31, 2003, except for costs
16 incurred pursuant to a binding contract entered into on
17 or before December 31, 2003.
18 (f) Investment credit; Enterprise Zone.
19 (1) A taxpayer shall be allowed a credit against
20 the tax imposed by subsections (a) and (b) of this
21 Section for investment in qualified property which is
22 placed in service in an Enterprise Zone created pursuant
23 to the Illinois Enterprise Zone Act. For partners and for
24 shareholders of Subchapter S corporations, there shall be
25 allowed a credit under this subsection (f) to be
26 determined in accordance with the determination of income
27 and distributive share of income under Sections 702 and
28 704 and Subchapter S of the Internal Revenue Code. The
29 credit shall be .5% of the basis for such property. The
30 credit shall be available only in the taxable year in
31 which the property is placed in service in the Enterprise
32 Zone and shall not be allowed to the extent that it would
33 reduce a taxpayer's liability for the tax imposed by
34 subsections (a) and (b) of this Section to below zero.
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1 For tax years ending on or after December 31, 1985, the
2 credit shall be allowed for the tax year in which the
3 property is placed in service, or, if the amount of the
4 credit exceeds the tax liability for that year, whether
5 it exceeds the original liability or the liability as
6 later amended, such excess may be carried forward and
7 applied to the tax liability of the 5 taxable years
8 following the excess credit year. The credit shall be
9 applied to the earliest year for which there is a
10 liability. If there is credit from more than one tax year
11 that is available to offset a liability, the credit
12 accruing first in time shall be applied first.
13 (2) The term qualified property means property
14 which:
15 (A) is tangible, whether new or used,
16 including buildings and structural components of
17 buildings;
18 (B) is depreciable pursuant to Section 167 of
19 the Internal Revenue Code, except that "3-year
20 property" as defined in Section 168(c)(2)(A) of that
21 Code is not eligible for the credit provided by this
22 subsection (f);
23 (C) is acquired by purchase as defined in
24 Section 179(d) of the Internal Revenue Code;
25 (D) is used in the Enterprise Zone by the
26 taxpayer; and
27 (E) has not been previously used in Illinois
28 in such a manner and by such a person as would
29 qualify for the credit provided by this subsection
30 (f) or subsection (e).
31 (3) The basis of qualified property shall be the
32 basis used to compute the depreciation deduction for
33 federal income tax purposes.
34 (4) If the basis of the property for federal income
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1 tax depreciation purposes is increased after it has been
2 placed in service in the Enterprise Zone by the taxpayer,
3 the amount of such increase shall be deemed property
4 placed in service on the date of such increase in basis.
5 (5) The term "placed in service" shall have the
6 same meaning as under Section 46 of the Internal Revenue
7 Code.
8 (6) If during any taxable year, any property ceases
9 to be qualified property in the hands of the taxpayer
10 within 48 months after being placed in service, or the
11 situs of any qualified property is moved outside the
12 Enterprise Zone within 48 months after being placed in
13 service, the tax imposed under subsections (a) and (b) of
14 this Section for such taxable year shall be increased.
15 Such increase shall be determined by (i) recomputing the
16 investment credit which would have been allowed for the
17 year in which credit for such property was originally
18 allowed by eliminating such property from such
19 computation, and (ii) subtracting such recomputed credit
20 from the amount of credit previously allowed. For the
21 purposes of this paragraph (6), a reduction of the basis
22 of qualified property resulting from a redetermination of
23 the purchase price shall be deemed a disposition of
24 qualified property to the extent of such reduction.
25 (g) Jobs Tax Credit; Enterprise Zone and Foreign
26 Trade Zone or Sub-Zone.
27 (1) A taxpayer conducting a trade or business in an
28 enterprise zone or a High Impact Business designated by
29 the Department of Commerce and Community Affairs
30 conducting a trade or business in a federally designated
31 Foreign Trade Zone or Sub-Zone shall be allowed a credit
32 against the tax imposed by subsections (a) and (b) of
33 this Section in the amount of $500 per eligible employee
34 hired to work in the zone during the taxable year.
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1 (2) To qualify for the credit:
2 (A) the taxpayer must hire 5 or more eligible
3 employees to work in an enterprise zone or federally
4 designated Foreign Trade Zone or Sub-Zone during the
5 taxable year;
6 (B) the taxpayer's total employment within the
7 enterprise zone or federally designated Foreign
8 Trade Zone or Sub-Zone must increase by 5 or more
9 full-time employees beyond the total employed in
10 that zone at the end of the previous tax year for
11 which a jobs tax credit under this Section was
12 taken, or beyond the total employed by the taxpayer
13 as of December 31, 1985, whichever is later; and
14 (C) the eligible employees must be employed
15 180 consecutive days in order to be deemed hired for
16 purposes of this subsection.
17 (3) An "eligible employee" means an employee who
18 is:
19 (A) Certified by the Department of Commerce
20 and Community Affairs as "eligible for services"
21 pursuant to regulations promulgated in accordance
22 with Title II of the Job Training Partnership Act,
23 Training Services for the Disadvantaged or Title III
24 of the Job Training Partnership Act, Employment and
25 Training Assistance for Dislocated Workers Program.
26 (B) Hired after the enterprise zone or
27 federally designated Foreign Trade Zone or Sub-Zone
28 was designated or the trade or business was located
29 in that zone, whichever is later.
30 (C) Employed in the enterprise zone or Foreign
31 Trade Zone or Sub-Zone. An employee is employed in
32 an enterprise zone or federally designated Foreign
33 Trade Zone or Sub-Zone if his services are rendered
34 there or it is the base of operations for the
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1 services performed.
2 (D) A full-time employee working 30 or more
3 hours per week.
4 (4) For tax years ending on or after December 31,
5 1985 and prior to December 31, 1988, the credit shall be
6 allowed for the tax year in which the eligible employees
7 are hired. For tax years ending on or after December 31,
8 1988, the credit shall be allowed for the tax year
9 immediately following the tax year in which the eligible
10 employees are hired. If the amount of the credit exceeds
11 the tax liability for that year, whether it exceeds the
12 original liability or the liability as later amended,
13 such excess may be carried forward and applied to the tax
14 liability of the 5 taxable years following the excess
15 credit year. The credit shall be applied to the earliest
16 year for which there is a liability. If there is credit
17 from more than one tax year that is available to offset a
18 liability, earlier credit shall be applied first.
19 (5) The Department of Revenue shall promulgate such
20 rules and regulations as may be deemed necessary to carry
21 out the purposes of this subsection (g).
22 (6) The credit shall be available for eligible
23 employees hired on or after January 1, 1986.
24 (h) Investment credit; High Impact Business.
25 (1) Subject to subsection (b) of Section 5.5 of the
26 Illinois Enterprise Zone Act, a taxpayer shall be allowed
27 a credit against the tax imposed by subsections (a) and
28 (b) of this Section for investment in qualified property
29 which is placed in service by a Department of Commerce
30 and Community Affairs designated High Impact Business.
31 The credit shall be .5% of the basis for such property.
32 The credit shall not be available until the minimum
33 investments in qualified property set forth in Section
34 5.5 of the Illinois Enterprise Zone Act have been
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1 satisfied and shall not be allowed to the extent that it
2 would reduce a taxpayer's liability for the tax imposed
3 by subsections (a) and (b) of this Section to below zero.
4 The credit applicable to such minimum investments shall
5 be taken in the taxable year in which such minimum
6 investments have been completed. The credit for
7 additional investments beyond the minimum investment by a
8 designated high impact business shall be available only
9 in the taxable year in which the property is placed in
10 service and shall not be allowed to the extent that it
11 would reduce a taxpayer's liability for the tax imposed
12 by subsections (a) and (b) of this Section to below zero.
13 For tax years ending on or after December 31, 1987, the
14 credit shall be allowed for the tax year in which the
15 property is placed in service, or, if the amount of the
16 credit exceeds the tax liability for that year, whether
17 it exceeds the original liability or the liability as
18 later amended, such excess may be carried forward and
19 applied to the tax liability of the 5 taxable years
20 following the excess credit year. The credit shall be
21 applied to the earliest year for which there is a
22 liability. If there is credit from more than one tax
23 year that is available to offset a liability, the credit
24 accruing first in time shall be applied first.
25 Changes made in this subdivision (h)(1) by Public
26 Act 88-670 restore changes made by Public Act 85-1182 and
27 reflect existing law.
28 (2) The term qualified property means property
29 which:
30 (A) is tangible, whether new or used,
31 including buildings and structural components of
32 buildings;
33 (B) is depreciable pursuant to Section 167 of
34 the Internal Revenue Code, except that "3-year
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1 property" as defined in Section 168(c)(2)(A) of that
2 Code is not eligible for the credit provided by this
3 subsection (h);
4 (C) is acquired by purchase as defined in
5 Section 179(d) of the Internal Revenue Code; and
6 (D) is not eligible for the Enterprise Zone
7 Investment Credit provided by subsection (f) of this
8 Section.
9 (3) The basis of qualified property shall be the
10 basis used to compute the depreciation deduction for
11 federal income tax purposes.
12 (4) If the basis of the property for federal income
13 tax depreciation purposes is increased after it has been
14 placed in service in a federally designated Foreign Trade
15 Zone or Sub-Zone located in Illinois by the taxpayer, the
16 amount of such increase shall be deemed property placed
17 in service on the date of such increase in basis.
18 (5) The term "placed in service" shall have the
19 same meaning as under Section 46 of the Internal Revenue
20 Code.
21 (6) If during any taxable year ending on or before
22 December 31, 1996, any property ceases to be qualified
23 property in the hands of the taxpayer within 48 months
24 after being placed in service, or the situs of any
25 qualified property is moved outside Illinois within 48
26 months after being placed in service, the tax imposed
27 under subsections (a) and (b) of this Section for such
28 taxable year shall be increased. Such increase shall be
29 determined by (i) recomputing the investment credit which
30 would have been allowed for the year in which credit for
31 such property was originally allowed by eliminating such
32 property from such computation, and (ii) subtracting such
33 recomputed credit from the amount of credit previously
34 allowed. For the purposes of this paragraph (6), a
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1 reduction of the basis of qualified property resulting
2 from a redetermination of the purchase price shall be
3 deemed a disposition of qualified property to the extent
4 of such reduction.
5 (7) Beginning with tax years ending after December
6 31, 1996, if a taxpayer qualifies for the credit under
7 this subsection (h) and thereby is granted a tax
8 abatement and the taxpayer relocates its entire facility
9 in violation of the explicit terms and length of the
10 contract under Section 18-183 of the Property Tax Code,
11 the tax imposed under subsections (a) and (b) of this
12 Section shall be increased for the taxable year in which
13 the taxpayer relocated its facility by an amount equal to
14 the amount of credit received by the taxpayer under this
15 subsection (h).
16 (i) A credit shall be allowed against the tax imposed by
17 subsections (a) and (b) of this Section for the tax imposed
18 by subsections (c) and (d) of this Section. This credit
19 shall be computed by multiplying the tax imposed by
20 subsections (c) and (d) of this Section by a fraction, the
21 numerator of which is base income allocable to Illinois and
22 the denominator of which is Illinois base income, and further
23 multiplying the product by the tax rate imposed by
24 subsections (a) and (b) of this Section.
25 Any credit earned on or after December 31, 1986 under
26 this subsection which is unused in the year the credit is
27 computed because it exceeds the tax liability imposed by
28 subsections (a) and (b) for that year (whether it exceeds the
29 original liability or the liability as later amended) may be
30 carried forward and applied to the tax liability imposed by
31 subsections (a) and (b) of the 5 taxable years following the
32 excess credit year. This credit shall be applied first to
33 the earliest year for which there is a liability. If there
34 is a credit under this subsection from more than one tax year
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1 that is available to offset a liability the earliest credit
2 arising under this subsection shall be applied first.
3 If, during any taxable year ending on or after December
4 31, 1986, the tax imposed by subsections (c) and (d) of this
5 Section for which a taxpayer has claimed a credit under this
6 subsection (i) is reduced, the amount of credit for such tax
7 shall also be reduced. Such reduction shall be determined by
8 recomputing the credit to take into account the reduced tax
9 imposed by subsection (c) and (d). If any portion of the
10 reduced amount of credit has been carried to a different
11 taxable year, an amended return shall be filed for such
12 taxable year to reduce the amount of credit claimed.
13 (j) Training expense credit. Beginning with tax years
14 ending on or after December 31, 1986, a taxpayer shall be
15 allowed a credit against the tax imposed by subsection (a)
16 and (b) under this Section for all amounts paid or accrued,
17 on behalf of all persons employed by the taxpayer in Illinois
18 or Illinois residents employed outside of Illinois by a
19 taxpayer, for educational or vocational training in
20 semi-technical or technical fields or semi-skilled or skilled
21 fields, which were deducted from gross income in the
22 computation of taxable income. The credit against the tax
23 imposed by subsections (a) and (b) shall be 1.6% of such
24 training expenses. For partners and for shareholders of
25 subchapter S corporations, there shall be allowed a credit
26 under this subsection (j) to be determined in accordance with
27 the determination of income and distributive share of income
28 under Sections 702 and 704 and subchapter S of the Internal
29 Revenue Code.
30 Any credit allowed under this subsection which is unused
31 in the year the credit is earned may be carried forward to
32 each of the 5 taxable years following the year for which the
33 credit is first computed until it is used. This credit shall
34 be applied first to the earliest year for which there is a
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1 liability. If there is a credit under this subsection from
2 more than one tax year that is available to offset a
3 liability the earliest credit arising under this subsection
4 shall be applied first.
5 (k) Research and development credit.
6 Beginning with tax years ending after July 1, 1990, a
7 taxpayer shall be allowed a credit against the tax imposed by
8 subsections (a) and (b) of this Section for increasing
9 research activities in this State. The credit allowed
10 against the tax imposed by subsections (a) and (b) shall be
11 equal to 6 1/2% of the qualifying expenditures for increasing
12 research activities in this State.
13 For purposes of this subsection, "qualifying
14 expenditures" means the qualifying expenditures as defined
15 for the federal credit for increasing research activities
16 which would be allowable under Section 41 of the Internal
17 Revenue Code and which are conducted in this State,
18 "qualifying expenditures for increasing research activities
19 in this State" means the excess of qualifying expenditures
20 for the taxable year in which incurred over qualifying
21 expenditures for the base period, "qualifying expenditures
22 for the base period" means the average of the qualifying
23 expenditures for each year in the base period, and "base
24 period" means the 3 taxable years immediately preceding the
25 taxable year for which the determination is being made.
26 Any credit in excess of the tax liability for the taxable
27 year may be carried forward. A taxpayer may elect to have the
28 unused credit shown on its final completed return carried
29 over as a credit against the tax liability for the following
30 5 taxable years or until it has been fully used, whichever
31 occurs first.
32 If an unused credit is carried forward to a given year
33 from 2 or more earlier years, that credit arising in the
34 earliest year will be applied first against the tax liability
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1 for the given year. If a tax liability for the given year
2 still remains, the credit from the next earliest year will
3 then be applied, and so on, until all credits have been used
4 or no tax liability for the given year remains. Any
5 remaining unused credit or credits then will be carried
6 forward to the next following year in which a tax liability
7 is incurred, except that no credit can be carried forward to
8 a year which is more than 5 years after the year in which the
9 expense for which the credit is given was incurred.
10 Unless extended by law, the credit shall not include
11 costs incurred after December 31, 1999, except for costs
12 incurred pursuant to a binding contract entered into on or
13 before December 31, 1999.
14 (Source: P.A. 88-45; 88-89; 88-141; 88-547, eff. 6-30-94;
15 88-670, eff. 12-2-94; 89-235, eff. 8-4-95; 89-519, eff.
16 7-18-96; 89-591, eff. 8-1-96.)
17 (35 ILCS 5/203) (from Ch. 120, par. 2-203)
18 Sec. 203. Base income defined.
19 (a) Individuals.
20 (1) In general. In the case of an individual, base
21 income means an amount equal to the taxpayer's adjusted
22 gross income for the taxable year as modified by
23 paragraph (2).
24 (2) Modifications. The adjusted gross income
25 referred to in paragraph (1) shall be modified by adding
26 thereto the sum of the following amounts:
27 (A) An amount equal to all amounts paid or
28 accrued to the taxpayer as interest or dividends
29 during the taxable year to the extent excluded from
30 gross income in the computation of adjusted gross
31 income, except stock dividends of qualified public
32 utilities described in Section 305(e) of the
33 Internal Revenue Code;
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1 (B) An amount equal to the amount of tax
2 imposed by this Act to the extent deducted from
3 gross income in the computation of adjusted gross
4 income for the taxable year;
5 (C) An amount equal to the amount received
6 during the taxable year as a recovery or refund of
7 real property taxes paid with respect to the
8 taxpayer's principal residence under the Revenue Act
9 of 1939 and for which a deduction was previously
10 taken under subparagraph (L) of this paragraph (2)
11 prior to July 1, 1991, the retrospective application
12 date of Article 4 of Public Act 87-17. In the case
13 of multi-unit or multi-use structures and farm
14 dwellings, the taxes on the taxpayer's principal
15 residence shall be that portion of the total taxes
16 for the entire property which is attributable to
17 such principal residence;
18 (D) An amount equal to the amount of the
19 capital gain deduction allowable under the Internal
20 Revenue Code, to the extent deducted from gross
21 income in the computation of adjusted gross income;
22 and
23 (D-5) An amount, to the extent not included in
24 adjusted gross income, equal to the amount of money
25 withdrawn by the taxpayer in the taxable year from a
26 medical care savings account and the interest earned
27 on the account in the taxable year of a withdrawal
28 pursuant to subsection (b) of Section 20 of the
29 Medical Care Savings Account Act;
30 and by deducting from the total so obtained the sum of
31 the following amounts:
32 (E) Any amount included in such total in
33 respect of any compensation (including but not
34 limited to any compensation paid or accrued to a
-22- LRB9002758THdvam02
1 serviceman while a prisoner of war or missing in
2 action) paid to a resident by reason of being on
3 active duty in the Armed Forces of the United States
4 and in respect of any compensation paid or accrued
5 to a resident who as a governmental employee was a
6 prisoner of war or missing in action, and in respect
7 of any compensation paid to a resident in 1971 or
8 thereafter for annual training performed pursuant to
9 Sections 502 and 503, Title 32, United States Code
10 as a member of the Illinois National Guard;
11 (F) An amount equal to all amounts included in
12 such total pursuant to the provisions of Sections
13 402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
14 408 of the Internal Revenue Code, or included in
15 such total as distributions under the provisions of
16 any retirement or disability plan for employees of
17 any governmental agency or unit, or retirement
18 payments to retired partners, which payments are
19 excluded in computing net earnings from self
20 employment by Section 1402 of the Internal Revenue
21 Code and regulations adopted pursuant thereto;
22 (G) The valuation limitation amount;
23 (H) An amount equal to the amount of any tax
24 imposed by this Act which was refunded to the
25 taxpayer and included in such total for the taxable
26 year;
27 (I) An amount equal to all amounts included in
28 such total pursuant to the provisions of Section 111
29 of the Internal Revenue Code as a recovery of items
30 previously deducted from adjusted gross income in
31 the computation of taxable income;
32 (J) An amount equal to those dividends
33 included in such total which were paid by a
34 corporation which conducts business operations in an
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1 Enterprise Zone or zones created under the Illinois
2 Enterprise Zone Act, and conducts substantially all
3 of its operations in an Enterprise Zone or zones;
4 (K) An amount equal to those dividends
5 included in such total that were paid by a
6 corporation that conducts business operations in a
7 federally designated Foreign Trade Zone or Sub-Zone
8 and that is designated a High Impact Business
9 located in Illinois; provided that dividends
10 eligible for the deduction provided in subparagraph
11 (J) of paragraph (2) of this subsection shall not be
12 eligible for the deduction provided under this
13 subparagraph (K);
14 (L) For taxable years ending after December
15 31, 1983, an amount equal to all social security
16 benefits and railroad retirement benefits included
17 in such total pursuant to Sections 72(r) and 86 of
18 the Internal Revenue Code;
19 (M) With the exception of any amounts
20 subtracted under subparagraph (N), an amount equal
21 to the sum of all amounts disallowed as deductions
22 by Sections 171(a) (2), and 265(2) of the Internal
23 Revenue Code of 1954, as now or hereafter amended,
24 and all amounts of expenses allocable to interest
25 and disallowed as deductions by Section 265(1) of
26 the Internal Revenue Code of 1954, as now or
27 hereafter amended;
28 (N) An amount equal to all amounts included in
29 such total which are exempt from taxation by this
30 State either by reason of its statutes or
31 Constitution or by reason of the Constitution,
32 treaties or statutes of the United States; provided
33 that, in the case of any statute of this State that
34 exempts income derived from bonds or other
-24- LRB9002758THdvam02
1 obligations from the tax imposed under this Act, the
2 amount exempted shall be the interest net of bond
3 premium amortization;
4 (O) An amount equal to any contribution made
5 to a job training project established pursuant to
6 the Tax Increment Allocation Redevelopment Act;
7 (P) An amount equal to the amount of the
8 deduction used to compute the federal income tax
9 credit for restoration of substantial amounts held
10 under claim of right for the taxable year pursuant
11 to Section 1341 of the Internal Revenue Code of
12 1986;
13 (Q) An amount equal to any amounts included in
14 such total, received by the taxpayer as an
15 acceleration in the payment of life, endowment or
16 annuity benefits in advance of the time they would
17 otherwise be payable as an indemnity for a terminal
18 illness;
19 (R) An amount equal to the amount of any
20 federal or State bonus paid to veterans of the
21 Persian Gulf War;
22 (S) An amount, to the extent included in
23 adjusted gross income, equal to the amount of a
24 contribution made in the taxable year on behalf of
25 the taxpayer to a medical care savings account
26 established under the Medical Care Savings Account
27 Act to the extent the contribution is accepted by
28 the account administrator as provided in that Act;
29 (T) An amount, to the extent included in
30 adjusted gross income, equal to the amount of
31 interest earned in the taxable year on a medical
32 care savings account established under the Medical
33 Care Savings Account Act on behalf of the taxpayer,
34 other than interest added pursuant to item (D-5) of
-25- LRB9002758THdvam02
1 this paragraph (2);
2 (U) For one taxable year beginning on or after
3 January 1, 1994, an amount equal to the total amount
4 of tax imposed and paid under subsections (a) and
5 (b) of Section 201 of this Act on grant amounts
6 received by the taxpayer under the Nursing Home
7 Grant Assistance Act during the taxpayer's taxable
8 years 1992 and 1993; and
9 (V) Beginning with tax years ending on or
10 after December 31, 1995 and ending with tax years
11 ending on or before December 31, 1999, an amount
12 equal to the amount paid by a taxpayer who is a
13 self-employed taxpayer, a partner of a partnership,
14 or a shareholder in a Subchapter S corporation for
15 health insurance or long-term care insurance for
16 that taxpayer or that taxpayer's spouse or
17 dependents, to the extent that the amount paid for
18 that health insurance or long-term care insurance
19 may be deducted under Section 213 of the Internal
20 Revenue Code of 1986, has not been deducted on the
21 federal income tax return of the taxpayer, and does
22 not exceed the taxable income attributable to that
23 taxpayer's income, self-employment income, or
24 Subchapter S corporation income; except that no
25 deduction shall be allowed under this item (V) if
26 the taxpayer is eligible to participate in any
27 health insurance or long-term care insurance plan of
28 an employer of the taxpayer or the taxpayer's
29 spouse. The amount of the health insurance and
30 long-term care insurance subtracted under this item
31 (V) shall be determined by multiplying total health
32 insurance and long-term care insurance premiums paid
33 by the taxpayer times a number that represents the
34 fractional percentage of eligible medical expenses
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1 under Section 213 of the Internal Revenue Code of
2 1986 not actually deducted on the taxpayer's federal
3 income tax return; and.
4 (W) Beginning with tax years ending on or
5 after December 31, 1997 and ending with tax years
6 ending on or before December 31, 2001, an amount,
7 not to exceed $1,200, equal to 15% of the total
8 amount of rent paid by the taxpayer during the year
9 for the principal place of residence of the
10 taxpayer.
11 (b) Corporations.
12 (1) In general. In the case of a corporation, base
13 income means an amount equal to the taxpayer's taxable
14 income for the taxable year as modified by paragraph (2).
15 (2) Modifications. The taxable income referred to
16 in paragraph (1) shall be modified by adding thereto the
17 sum of the following amounts:
18 (A) An amount equal to all amounts paid or
19 accrued to the taxpayer as interest and all
20 distributions received from regulated investment
21 companies during the taxable year to the extent
22 excluded from gross income in the computation of
23 taxable income;
24 (B) An amount equal to the amount of tax
25 imposed by this Act to the extent deducted from
26 gross income in the computation of taxable income
27 for the taxable year;
28 (C) In the case of a regulated investment
29 company or real estate investment trust, an amount
30 equal to the excess of (i) the net long-term capital
31 gain for the taxable year, over (ii) the amount of
32 the capital gain dividends designated as such in
33 accordance with Section 852(b)(3)(C) or Section
34 857(b)(3)(C) of the Internal Revenue Code and any
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1 amount designated under Section 852(b)(3)(D) of the
2 Internal Revenue Code, attributable to the taxable
3 year.
4 This amendatory Act of 1995 is declarative of existing
5 law and is not a new enactment.
6 (D) The amount of any net operating loss
7 deduction taken in arriving at taxable income, other
8 than a net operating loss carried forward from a
9 taxable year ending prior to December 31, 1986; and
10 (E) For taxable years in which a net operating
11 loss carryback or carryforward from a taxable year
12 ending prior to December 31, 1986 is an element of
13 taxable income under paragraph (1) of subsection (e)
14 or subparagraph (E) of paragraph (2) of subsection
15 (e), the amount by which addition modifications
16 other than those provided by this subparagraph (E)
17 exceeded subtraction modifications in such earlier
18 taxable year, with the following limitations applied
19 in the order that they are listed:
20 (i) the addition modification relating to
21 the net operating loss carried back or forward
22 to the taxable year from any taxable year
23 ending prior to December 31, 1986 shall be
24 reduced by the amount of addition modification
25 under this subparagraph (E) which related to
26 that net operating loss and which was taken
27 into account in calculating the base income of
28 an earlier taxable year, and
29 (ii) the addition modification relating
30 to the net operating loss carried back or
31 forward to the taxable year from any taxable
32 year ending prior to December 31, 1986 shall
33 not exceed the amount of such carryback or
34 carryforward;
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1 For taxable years in which there is a net
2 operating loss carryback or carryforward from more
3 than one other taxable year ending prior to December
4 31, 1986, the addition modification provided in this
5 subparagraph (E) shall be the sum of the amounts
6 computed independently under the preceding
7 provisions of this subparagraph (E) for each such
8 taxable year,
9 and by deducting from the total so obtained the sum of
10 the following amounts:
11 (F) An amount equal to the amount of any tax
12 imposed by this Act which was refunded to the
13 taxpayer and included in such total for the taxable
14 year;
15 (G) An amount equal to any amount included in
16 such total under Section 78 of the Internal Revenue
17 Code;
18 (H) In the case of a regulated investment
19 company, an amount equal to the amount of exempt
20 interest dividends as defined in subsection (b) (5)
21 of Section 852 of the Internal Revenue Code, paid to
22 shareholders for the taxable year;
23 (I) With the exception of any amounts
24 subtracted under subparagraph (J), an amount equal
25 to the sum of all amounts disallowed as deductions
26 by Sections 171(a) (2), and 265(a)(2) and amounts
27 disallowed as interest expense by Section 291(a)(3)
28 of the Internal Revenue Code, as now or hereafter
29 amended, and all amounts of expenses allocable to
30 interest and disallowed as deductions by Section
31 265(a)(1) of the Internal Revenue Code, as now or
32 hereafter amended;
33 (J) An amount equal to all amounts included in
34 such total which are exempt from taxation by this
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1 State either by reason of its statutes or
2 Constitution or by reason of the Constitution,
3 treaties or statutes of the United States; provided
4 that, in the case of any statute of this State that
5 exempts income derived from bonds or other
6 obligations from the tax imposed under this Act, the
7 amount exempted shall be the interest net of bond
8 premium amortization;
9 (K) An amount equal to those dividends
10 included in such total which were paid by a
11 corporation which conducts business operations in an
12 Enterprise Zone or zones created under the Illinois
13 Enterprise Zone Act and conducts substantially all
14 of its operations in an Enterprise Zone or zones;
15 (L) An amount equal to those dividends
16 included in such total that were paid by a
17 corporation that conducts business operations in a
18 federally designated Foreign Trade Zone or Sub-Zone
19 and that is designated a High Impact Business
20 located in Illinois; provided that dividends
21 eligible for the deduction provided in subparagraph
22 (K) of paragraph 2 of this subsection shall not be
23 eligible for the deduction provided under this
24 subparagraph (L);
25 (M) For any taxpayer that is a financial
26 organization within the meaning of Section 304(c) of
27 this Act, an amount included in such total as
28 interest income from a loan or loans made by such
29 taxpayer to a borrower, to the extent that such a
30 loan is secured by property which is eligible for
31 the Enterprise Zone Investment Credit. To determine
32 the portion of a loan or loans that is secured by
33 property eligible for a Section 201(h) investment
34 credit to the borrower, the entire principal amount
-30- LRB9002758THdvam02
1 of the loan or loans between the taxpayer and the
2 borrower should be divided into the basis of the
3 Section 201(h) investment credit property which
4 secures the loan or loans, using for this purpose
5 the original basis of such property on the date that
6 it was placed in service in the Enterprise Zone.
7 The subtraction modification available to taxpayer
8 in any year under this subsection shall be that
9 portion of the total interest paid by the borrower
10 with respect to such loan attributable to the
11 eligible property as calculated under the previous
12 sentence;
13 (M-1) For any taxpayer that is a financial
14 organization within the meaning of Section 304(c) of
15 this Act, an amount included in such total as
16 interest income from a loan or loans made by such
17 taxpayer to a borrower, to the extent that such a
18 loan is secured by property which is eligible for
19 the High Impact Business Investment Credit. To
20 determine the portion of a loan or loans that is
21 secured by property eligible for a Section 201(i)
22 investment credit to the borrower, the entire
23 principal amount of the loan or loans between the
24 taxpayer and the borrower should be divided into the
25 basis of the Section 201(i) investment credit
26 property which secures the loan or loans, using for
27 this purpose the original basis of such property on
28 the date that it was placed in service in a
29 federally designated Foreign Trade Zone or Sub-Zone
30 located in Illinois. No taxpayer that is eligible
31 for the deduction provided in subparagraph (M) of
32 paragraph (2) of this subsection shall be eligible
33 for the deduction provided under this subparagraph
34 (M-1). The subtraction modification available to
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1 taxpayers in any year under this subsection shall be
2 that portion of the total interest paid by the
3 borrower with respect to such loan attributable to
4 the eligible property as calculated under the
5 previous sentence;
6 (N) Two times any contribution made during the
7 taxable year to a designated zone organization to
8 the extent that the contribution (i) qualifies as a
9 charitable contribution under subsection (c) of
10 Section 170 of the Internal Revenue Code and (ii)
11 must, by its terms, be used for a project approved
12 by the Department of Commerce and Community Affairs
13 under Section 11 of the Illinois Enterprise Zone
14 Act;
15 (O) An amount equal to: (i) 85% for taxable
16 years ending on or before December 31, 1992, or, a
17 percentage equal to the percentage allowable under
18 Section 243(a)(1) of the Internal Revenue Code of
19 1986 for taxable years ending after December 31,
20 1992, of the amount by which dividends included in
21 taxable income and received from a corporation that
22 is not created or organized under the laws of the
23 United States or any state or political subdivision
24 thereof, including, for taxable years ending on or
25 after December 31, 1988, dividends received or
26 deemed received or paid or deemed paid under
27 Sections 951 through 964 of the Internal Revenue
28 Code, exceed the amount of the modification provided
29 under subparagraph (G) of paragraph (2) of this
30 subsection (b) which is related to such dividends;
31 plus (ii) 100% of the amount by which dividends,
32 included in taxable income and received, including,
33 for taxable years ending on or after December 31,
34 1988, dividends received or deemed received or paid
-32- LRB9002758THdvam02
1 or deemed paid under Sections 951 through 964 of the
2 Internal Revenue Code, from any such corporation
3 specified in clause (i) that would but for the
4 provisions of Section 1504 (b) (3) of the Internal
5 Revenue Code be treated as a member of the
6 affiliated group which includes the dividend
7 recipient, exceed the amount of the modification
8 provided under subparagraph (G) of paragraph (2) of
9 this subsection (b) which is related to such
10 dividends;
11 (P) An amount equal to any contribution made
12 to a job training project established pursuant to
13 the Tax Increment Allocation Redevelopment Act; and
14 (Q) An amount equal to the amount of the
15 deduction used to compute the federal income tax
16 credit for restoration of substantial amounts held
17 under claim of right for the taxable year pursuant
18 to Section 1341 of the Internal Revenue Code of
19 1986.
20 (3) Special rule. For purposes of paragraph (2)
21 (A), "gross income" in the case of a life insurance
22 company, for tax years ending on and after December 31,
23 1994, shall mean the gross investment income for the
24 taxable year.
25 (c) Trusts and estates.
26 (1) In general. In the case of a trust or estate,
27 base income means an amount equal to the taxpayer's
28 taxable income for the taxable year as modified by
29 paragraph (2).
30 (2) Modifications. Subject to the provisions of
31 paragraph (3), the taxable income referred to in
32 paragraph (1) shall be modified by adding thereto the sum
33 of the following amounts:
34 (A) An amount equal to all amounts paid or
-33- LRB9002758THdvam02
1 accrued to the taxpayer as interest or dividends
2 during the taxable year to the extent excluded from
3 gross income in the computation of taxable income;
4 (B) In the case of (i) an estate, $600; (ii) a
5 trust which, under its governing instrument, is
6 required to distribute all of its income currently,
7 $300; and (iii) any other trust, $100, but in each
8 such case, only to the extent such amount was
9 deducted in the computation of taxable income;
10 (C) An amount equal to the amount of tax
11 imposed by this Act to the extent deducted from
12 gross income in the computation of taxable income
13 for the taxable year;
14 (D) The amount of any net operating loss
15 deduction taken in arriving at taxable income, other
16 than a net operating loss carried forward from a
17 taxable year ending prior to December 31, 1986;
18 (E) For taxable years in which a net operating
19 loss carryback or carryforward from a taxable year
20 ending prior to December 31, 1986 is an element of
21 taxable income under paragraph (1) of subsection (e)
22 or subparagraph (E) of paragraph (2) of subsection
23 (e), the amount by which addition modifications
24 other than those provided by this subparagraph (E)
25 exceeded subtraction modifications in such taxable
26 year, with the following limitations applied in the
27 order that they are listed:
28 (i) the addition modification relating to
29 the net operating loss carried back or forward
30 to the taxable year from any taxable year
31 ending prior to December 31, 1986 shall be
32 reduced by the amount of addition modification
33 under this subparagraph (E) which related to
34 that net operating loss and which was taken
-34- LRB9002758THdvam02
1 into account in calculating the base income of
2 an earlier taxable year, and
3 (ii) the addition modification relating
4 to the net operating loss carried back or
5 forward to the taxable year from any taxable
6 year ending prior to December 31, 1986 shall
7 not exceed the amount of such carryback or
8 carryforward;
9 For taxable years in which there is a net
10 operating loss carryback or carryforward from more
11 than one other taxable year ending prior to December
12 31, 1986, the addition modification provided in this
13 subparagraph (E) shall be the sum of the amounts
14 computed independently under the preceding
15 provisions of this subparagraph (E) for each such
16 taxable year;
17 (F) For taxable years ending on or after
18 January 1, 1989, an amount equal to the tax deducted
19 pursuant to Section 164 of the Internal Revenue Code
20 if the trust or estate is claiming the same tax for
21 purposes of the Illinois foreign tax credit under
22 Section 601 of this Act; and
23 (G) An amount equal to the amount of the
24 capital gain deduction allowable under the Internal
25 Revenue Code, to the extent deducted from gross
26 income in the computation of taxable income;
27 and by deducting from the total so obtained the sum of
28 the following amounts:
29 (H) An amount equal to all amounts included in
30 such total pursuant to the provisions of Sections
31 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and
32 408 of the Internal Revenue Code or included in such
33 total as distributions under the provisions of any
34 retirement or disability plan for employees of any
-35- LRB9002758THdvam02
1 governmental agency or unit, or retirement payments
2 to retired partners, which payments are excluded in
3 computing net earnings from self employment by
4 Section 1402 of the Internal Revenue Code and
5 regulations adopted pursuant thereto;
6 (I) The valuation limitation amount;
7 (J) An amount equal to the amount of any tax
8 imposed by this Act which was refunded to the
9 taxpayer and included in such total for the taxable
10 year;
11 (K) An amount equal to all amounts included in
12 taxable income as modified by subparagraphs (A),
13 (B), (C), (D), (E), (F) and (G) which are exempt
14 from taxation by this State either by reason of its
15 statutes or Constitution or by reason of the
16 Constitution, treaties or statutes of the United
17 States; provided that, in the case of any statute of
18 this State that exempts income derived from bonds or
19 other obligations from the tax imposed under this
20 Act, the amount exempted shall be the interest net
21 of bond premium amortization;
22 (L) With the exception of any amounts
23 subtracted under subparagraph (K), an amount equal
24 to the sum of all amounts disallowed as deductions
25 by Sections 171(a) (2) and 265(a)(2) of the Internal
26 Revenue Code, as now or hereafter amended, and all
27 amounts of expenses allocable to interest and
28 disallowed as deductions by Section 265(1) of the
29 Internal Revenue Code of 1954, as now or hereafter
30 amended;
31 (M) An amount equal to those dividends
32 included in such total which were paid by a
33 corporation which conducts business operations in an
34 Enterprise Zone or zones created under the Illinois
-36- LRB9002758THdvam02
1 Enterprise Zone Act and conducts substantially all
2 of its operations in an Enterprise Zone or Zones;
3 (N) An amount equal to any contribution made
4 to a job training project established pursuant to
5 the Tax Increment Allocation Redevelopment Act;
6 (O) An amount equal to those dividends
7 included in such total that were paid by a
8 corporation that conducts business operations in a
9 federally designated Foreign Trade Zone or Sub-Zone
10 and that is designated a High Impact Business
11 located in Illinois; provided that dividends
12 eligible for the deduction provided in subparagraph
13 (M) of paragraph (2) of this subsection shall not be
14 eligible for the deduction provided under this
15 subparagraph (O); and
16 (P) An amount equal to the amount of the
17 deduction used to compute the federal income tax
18 credit for restoration of substantial amounts held
19 under claim of right for the taxable year pursuant
20 to Section 1341 of the Internal Revenue Code of
21 1986.
22 (3) Limitation. The amount of any modification
23 otherwise required under this subsection shall, under
24 regulations prescribed by the Department, be adjusted by
25 any amounts included therein which were properly paid,
26 credited, or required to be distributed, or permanently
27 set aside for charitable purposes pursuant to Internal
28 Revenue Code Section 642(c) during the taxable year.
29 (d) Partnerships.
30 (1) In general. In the case of a partnership, base
31 income means an amount equal to the taxpayer's taxable
32 income for the taxable year as modified by paragraph (2).
33 (2) Modifications. The taxable income referred to
34 in paragraph (1) shall be modified by adding thereto the
-37- LRB9002758THdvam02
1 sum of the following amounts:
2 (A) An amount equal to all amounts paid or
3 accrued to the taxpayer as interest or dividends
4 during the taxable year to the extent excluded from
5 gross income in the computation of taxable income;
6 (B) An amount equal to the amount of tax
7 imposed by this Act to the extent deducted from
8 gross income for the taxable year; and
9 (C) The amount of deductions allowed to the
10 partnership pursuant to Section 707 (c) of the
11 Internal Revenue Code in calculating its taxable
12 income;
13 (D) An amount equal to the amount of the
14 capital gain deduction allowable under the Internal
15 Revenue Code, to the extent deducted from gross
16 income in the computation of taxable income;
17 and by deducting from the total so obtained the following
18 amounts:
19 (E) The valuation limitation amount;
20 (F) An amount equal to the amount of any tax
21 imposed by this Act which was refunded to the
22 taxpayer and included in such total for the taxable
23 year;
24 (G) An amount equal to all amounts included in
25 taxable income as modified by subparagraphs (A),
26 (B), (C) and (D) which are exempt from taxation by
27 this State either by reason of its statutes or
28 Constitution or by reason of the Constitution,
29 treaties or statutes of the United States; provided
30 that, in the case of any statute of this State that
31 exempts income derived from bonds or other
32 obligations from the tax imposed under this Act, the
33 amount exempted shall be the interest net of bond
34 premium amortization;
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1 (H) Any income of the partnership which
2 constitutes personal service income as defined in
3 Section 1348 (b) (1) of the Internal Revenue Code
4 (as in effect December 31, 1981) or a reasonable
5 allowance for compensation paid or accrued for
6 services rendered by partners to the partnership,
7 whichever is greater;
8 (I) An amount equal to all amounts of income
9 distributable to an entity subject to the Personal
10 Property Tax Replacement Income Tax imposed by
11 subsections (c) and (d) of Section 201 of this Act
12 including amounts distributable to organizations
13 exempt from federal income tax by reason of Section
14 501(a) of the Internal Revenue Code;
15 (J) With the exception of any amounts
16 subtracted under subparagraph (G), an amount equal
17 to the sum of all amounts disallowed as deductions
18 by Sections 171(a) (2), and 265(2) of the Internal
19 Revenue Code of 1954, as now or hereafter amended,
20 and all amounts of expenses allocable to interest
21 and disallowed as deductions by Section 265(1) of
22 the Internal Revenue Code, as now or hereafter
23 amended;
24 (K) An amount equal to those dividends
25 included in such total which were paid by a
26 corporation which conducts business operations in an
27 Enterprise Zone or zones created under the Illinois
28 Enterprise Zone Act, enacted by the 82nd General
29 Assembly, and which does not conduct such operations
30 other than in an Enterprise Zone or Zones;
31 (L) An amount equal to any contribution made
32 to a job training project established pursuant to
33 the Real Property Tax Increment Allocation
34 Redevelopment Act;
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1 (M) An amount equal to those dividends
2 included in such total that were paid by a
3 corporation that conducts business operations in a
4 federally designated Foreign Trade Zone or Sub-Zone
5 and that is designated a High Impact Business
6 located in Illinois; provided that dividends
7 eligible for the deduction provided in subparagraph
8 (K) of paragraph (2) of this subsection shall not be
9 eligible for the deduction provided under this
10 subparagraph (M); and
11 (N) An amount equal to the amount of the
12 deduction used to compute the federal income tax
13 credit for restoration of substantial amounts held
14 under claim of right for the taxable year pursuant
15 to Section 1341 of the Internal Revenue Code of
16 1986.
17 (e) Gross income; adjusted gross income; taxable income.
18 (1) In general. Subject to the provisions of
19 paragraph (2) and subsection (b) (3), for purposes of
20 this Section and Section 803(e), a taxpayer's gross
21 income, adjusted gross income, or taxable income for the
22 taxable year shall mean the amount of gross income,
23 adjusted gross income or taxable income properly
24 reportable for federal income tax purposes for the
25 taxable year under the provisions of the Internal Revenue
26 Code. Taxable income may be less than zero. However, for
27 taxable years ending on or after December 31, 1986, net
28 operating loss carryforwards from taxable years ending
29 prior to December 31, 1986, may not exceed the sum of
30 federal taxable income for the taxable year before net
31 operating loss deduction, plus the excess of addition
32 modifications over subtraction modifications for the
33 taxable year. For taxable years ending prior to December
34 31, 1986, taxable income may never be an amount in excess
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1 of the net operating loss for the taxable year as defined
2 in subsections (c) and (d) of Section 172 of the Internal
3 Revenue Code, provided that when taxable income of a
4 corporation (other than a Subchapter S corporation),
5 trust, or estate is less than zero and addition
6 modifications, other than those provided by subparagraph
7 (E) of paragraph (2) of subsection (b) for corporations
8 or subparagraph (E) of paragraph (2) of subsection (c)
9 for trusts and estates, exceed subtraction modifications,
10 an addition modification must be made under those
11 subparagraphs for any other taxable year to which the
12 taxable income less than zero (net operating loss) is
13 applied under Section 172 of the Internal Revenue Code or
14 under subparagraph (E) of paragraph (2) of this
15 subsection (e) applied in conjunction with Section 172 of
16 the Internal Revenue Code.
17 (2) Special rule. For purposes of paragraph (1) of
18 this subsection, the taxable income properly reportable
19 for federal income tax purposes shall mean:
20 (A) Certain life insurance companies. In the
21 case of a life insurance company subject to the tax
22 imposed by Section 801 of the Internal Revenue Code,
23 life insurance company taxable income, plus the
24 amount of distribution from pre-1984 policyholder
25 surplus accounts as calculated under Section 815a of
26 the Internal Revenue Code;
27 (B) Certain other insurance companies. In the
28 case of mutual insurance companies subject to the
29 tax imposed by Section 831 of the Internal Revenue
30 Code, insurance company taxable income;
31 (C) Regulated investment companies. In the
32 case of a regulated investment company subject to
33 the tax imposed by Section 852 of the Internal
34 Revenue Code, investment company taxable income;
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1 (D) Real estate investment trusts. In the
2 case of a real estate investment trust subject to
3 the tax imposed by Section 857 of the Internal
4 Revenue Code, real estate investment trust taxable
5 income;
6 (E) Consolidated corporations. In the case of
7 a corporation which is a member of an affiliated
8 group of corporations filing a consolidated income
9 tax return for the taxable year for federal income
10 tax purposes, taxable income determined as if such
11 corporation had filed a separate return for federal
12 income tax purposes for the taxable year and each
13 preceding taxable year for which it was a member of
14 an affiliated group. For purposes of this
15 subparagraph, the taxpayer's separate taxable income
16 shall be determined as if the election provided by
17 Section 243(b) (2) of the Internal Revenue Code had
18 been in effect for all such years;
19 (F) Cooperatives. In the case of a
20 cooperative corporation or association, the taxable
21 income of such organization determined in accordance
22 with the provisions of Section 1381 through 1388 of
23 the Internal Revenue Code;
24 (G) Subchapter S corporations. In the case
25 of: (i) a Subchapter S corporation for which there
26 is in effect an election for the taxable year under
27 Section 1362 of the Internal Revenue Code, the
28 taxable income of such corporation determined in
29 accordance with Section 1363(b) of the Internal
30 Revenue Code, except that taxable income shall take
31 into account those items which are required by
32 Section 1363(b)(1) of the Internal Revenue Code to
33 be separately stated; and (ii) a Subchapter S
34 corporation for which there is in effect a federal
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1 election to opt out of the provisions of the
2 Subchapter S Revision Act of 1982 and have applied
3 instead the prior federal Subchapter S rules as in
4 effect on July 1, 1982, the taxable income of such
5 corporation determined in accordance with the
6 federal Subchapter S rules as in effect on July 1,
7 1982; and
8 (H) Partnerships. In the case of a
9 partnership, taxable income determined in accordance
10 with Section 703 of the Internal Revenue Code,
11 except that taxable income shall take into account
12 those items which are required by Section 703(a)(1)
13 to be separately stated but which would be taken
14 into account by an individual in calculating his
15 taxable income.
16 (f) Valuation limitation amount.
17 (1) In general. The valuation limitation amount
18 referred to in subsections (a) (2) (G), (c) (2) (I) and
19 (d)(2) (E) is an amount equal to:
20 (A) The sum of the pre-August 1, 1969
21 appreciation amounts (to the extent consisting of
22 gain reportable under the provisions of Section 1245
23 or 1250 of the Internal Revenue Code) for all
24 property in respect of which such gain was reported
25 for the taxable year; plus
26 (B) The lesser of (i) the sum of the
27 pre-August 1, 1969 appreciation amounts (to the
28 extent consisting of capital gain) for all property
29 in respect of which such gain was reported for
30 federal income tax purposes for the taxable year, or
31 (ii) the net capital gain for the taxable year,
32 reduced in either case by any amount of such gain
33 included in the amount determined under subsection
34 (a) (2) (F) or (c) (2) (H).
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1 (2) Pre-August 1, 1969 appreciation amount.
2 (A) If the fair market value of property
3 referred to in paragraph (1) was readily
4 ascertainable on August 1, 1969, the pre-August 1,
5 1969 appreciation amount for such property is the
6 lesser of (i) the excess of such fair market value
7 over the taxpayer's basis (for determining gain) for
8 such property on that date (determined under the
9 Internal Revenue Code as in effect on that date), or
10 (ii) the total gain realized and reportable for
11 federal income tax purposes in respect of the sale,
12 exchange or other disposition of such property.
13 (B) If the fair market value of property
14 referred to in paragraph (1) was not readily
15 ascertainable on August 1, 1969, the pre-August 1,
16 1969 appreciation amount for such property is that
17 amount which bears the same ratio to the total gain
18 reported in respect of the property for federal
19 income tax purposes for the taxable year, as the
20 number of full calendar months in that part of the
21 taxpayer's holding period for the property ending
22 July 31, 1969 bears to the number of full calendar
23 months in the taxpayer's entire holding period for
24 the property.
25 (C) The Department shall prescribe such
26 regulations as may be necessary to carry out the
27 purposes of this paragraph.
28 (g) Double deductions. Unless specifically provided
29 otherwise, nothing in this Section shall permit the same item
30 to be deducted more than once.
31 (h) Legislative intention. Except as expressly provided
32 by this Section there shall be no modifications or
33 limitations on the amounts of income, gain, loss or deduction
34 taken into account in determining gross income, adjusted
-44- LRB9002758THdvam02
1 gross income or taxable income for federal income tax
2 purposes for the taxable year, or in the amount of such items
3 entering into the computation of base income and net income
4 under this Act for such taxable year, whether in respect of
5 property values as of August 1, 1969 or otherwise.
6 (Source: P.A. 88-195; 88-648, eff. 9-16-94; 88-669, eff.
7 11-29-94; 88-670, eff. 12-2-94; 89-89, eff. 6-30-95; 89-235,
8 eff. 8-4-95; 89-418, eff. 11-15-95; 89-460, eff. 5-24-96;
9 89-626, eff. 8-9-96.)
10 (35 ILCS 5/202.5 new)
11 Sec. 202.5. Net income attributable to the period prior
12 to July 1, 1997 and net income attributable to the period
13 after June 30, 1997.
14 (a) In general. With respect to the taxable year of a
15 taxpayer beginning prior to July 1, 1997 and ending after
16 June 30, 1997, net income for the period after June 30, 1997
17 shall be that amount which bears the same ratio to the
18 taxpayer's net income for the entire taxable year as the
19 number of days in such year after June 30, 1997 bears to the
20 total number of days in such year, and the net income for the
21 period prior to July 1, 1997 shall be that amount which bears
22 the same ratio to the taxpayer's net income for the entire
23 taxable year as the number of days in such year prior to July
24 1, 1997 bears to the total number of days in such year.
25 (b) Election to attribute income and deduction items
26 specifically to the respective portions of a taxable year
27 prior to July 1, 1997 and after June 30, 1997. In the case of
28 a taxpayer with a taxable year beginning prior to July 1,
29 1997 and ending after June 30, 1997, the taxpayer may elect,
30 in lieu of the procedure established in subsection (a) of
31 this Section, to determine net income on a specific
32 accounting basis for the 2 portions of his taxable year:
33 (i) from the beginning of the taxable year through
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1 June 30, 1997, and
2 (ii) from July 1, 1997 through the end of the
3 taxable year.
4 If the taxpayer elects specific accounting under this
5 subsection, there shall be taken into account in computing
6 base income for each of the 2 portions of the taxable year
7 only those items earned, received, paid, incurred, or accrued
8 in each such period. The standard exemption provided by
9 Section 204 shall be divided between the respective periods
10 in amounts which bear the same ratio to the total exemption
11 allowable under Section 204 (determined without regard to
12 this Section) as the total number of days in each such period
13 bears to the total number of days in the taxable year. The
14 election provided by this subsection shall be made in such
15 manner and at such time as the Department may by forms or
16 regulations prescribe, but shall be made not later than the
17 due date (including any extensions thereof) for the filing of
18 the return for the taxable year, and shall be irrevocable.
19 (35 ILCS 5/804) (from Ch. 120, par. 8-804)
20 Sec. 804. Failure to Pay Estimated Tax.
21 (a) In general. In case of any underpayment of estimated
22 tax by a taxpayer, except as provided in subsection (d) or
23 (e), the taxpayer shall be liable to a penalty in an amount
24 determined at the rate prescribed by Section 3-3 of the
25 Uniform Penalty and Interest Act upon the amount of the
26 underpayment (determined under subsection (b)) for each
27 required installment.
28 (b) Amount of underpayment. For purposes of subsection
29 (a), the amount of the underpayment shall be the excess of:
30 (1) the amount of the installment which would be
31 required to be paid under subsection (c), over
32 (2) the amount, if any, of the installment paid on
33 or before the last date prescribed for payment.
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1 (c) Amount of Required Installments.
2 (1) Amount.
3 (A) In General. Except as provided in
4 paragraph (2), the amount of any required
5 installment shall be 25% of the required annual
6 payment.
7 (B) Required Annual Payment. For purposes of
8 subparagraph (A), the term "required annual payment"
9 means the lesser of
10 (i) 90% of the tax shown on the return
11 for the taxable year, or if no return is filed,
12 90% of the tax for such year, or
13 (ii) 100% of the tax shown on the return
14 of the taxpayer for the preceding taxable year
15 if a return showing a liability for tax was
16 filed by the taxpayer for the preceding taxable
17 year and such preceding year was a taxable year
18 of 12 months.
19 (2) Lower Required Installment where Annualized
20 Income Installment is Less Than Amount Determined Under
21 Paragraph (1).
22 (A) In General. In the case of any required
23 installment if a taxpayer establishes that the
24 annualized income installment is less than the
25 amount determined under paragraph (1),
26 (i) the amount of such required
27 installment shall be the annualized income
28 installment, and
29 (ii) any reduction in a required
30 installment resulting from the application of
31 this subparagraph shall be recaptured by
32 increasing the amount of the next required
33 installment determined under paragraph (1) by
34 the amount of such reduction, and by increasing
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1 subsequent required installments to the extent
2 that the reduction has not previously been
3 recaptured under this clause.
4 (B) Determination of Annualized Income
5 Installment. In the case of any required
6 installment, the annualized income installment is
7 the excess, if any, of
8 (i) an amount equal to the applicable
9 percentage of the tax for the taxable year
10 computed by placing on an annualized basis the
11 net income for months in the taxable year
12 ending before the due date for the installment,
13 over
14 (ii) the aggregate amount of any prior
15 required installments for the taxable year.
16 (C) Applicable Percentage.
17 In the case of the following The applicable
18 required installments: percentage is:
19 1st ............................... 22.5%
20 2nd ............................... 45%
21 3rd ............................... 67.5%
22 4th ............................... 90%
23 (D) Annualized Net Income; Individuals. For
24 individuals, net income shall be placed on an
25 annualized basis by:
26 (i) multiplying by 12, or in the case of
27 a taxable year of less than 12 months, by the
28 number of months in the taxable year, the net
29 income computed without regard to the standard
30 exemption for the months in the taxable year
31 ending before the month in which the
32 installment is required to be paid;
33 (ii) dividing the resulting amount by the
34 number of months in the taxable year ending
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1 before the month in which such installment date
2 falls; and
3 (iii) deducting from such amount the
4 standard exemption allowable for the taxable
5 year, such standard exemption being determined
6 as of the last date prescribed for payment of
7 the installment.
8 (E) Annualized Net Income; Corporations. For
9 corporations, net income shall be placed on an
10 annualized basis by multiplying by 12 the taxable
11 income
12 (i) for the first 3 months of the taxable
13 year, in the case of the installment required
14 to be paid in the 4th month,
15 (ii) for the first 3 months or for the
16 first 5 months of the taxable year, in the case
17 of the installment required to be paid in the
18 6th month,
19 (iii) for the first 6 months or for the
20 first 8 months of the taxable year, in the case
21 of the installment required to be paid in the
22 9th month, and
23 (iv) for the first 9 months or for the
24 first 11 months of the taxable year, in the
25 case of the installment required to be paid in
26 the 12th month of the taxable year,
27 then dividing the resulting amount by the number of
28 months in the taxable year (3, 5, 6, 8, 9, or 11 as
29 the case may be).
30 (d) Exceptions. Notwithstanding the provisions of the
31 preceding subsections, the penalty imposed by subsection (a)
32 shall not be imposed if the taxpayer was not required to file
33 an Illinois income tax return for the preceding taxable year,
34 or if the taxpayer has underpaid taxes solely because of the
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1 increased rate in effect during the period from July 1, 1997
2 1989 through December 1997 1989, or, for individuals, if the
3 taxpayer had no tax liability for the preceding taxable year
4 and such year was a taxable year of 12 months.
5 (e) The penalty imposed for underpayment of estimated
6 tax by subsection (a) of this Section shall not be imposed to
7 the extent that the Department or his designate determines,
8 pursuant to Section 3-8 of the Uniform Penalty and Interest
9 Act that the penalty should not be imposed.
10 (f) Definition of tax. For purposes of subsections (b)
11 and (c), the term "tax" means the excess of the tax imposed
12 under Article 2 of this Act, over the amounts credited
13 against such tax under Sections 601(b) (3) and (4).
14 (g) Application of Section in case of tax withheld on
15 compensation. For purposes of applying this Section in the
16 case of an individual, tax withheld under Article 7 for the
17 taxable year shall be deemed a payment of estimated tax, and
18 an equal part of such amount shall be deemed paid on each
19 installment date for such taxable year, unless the taxpayer
20 establishes the dates on which all amounts were actually
21 withheld, in which case the amounts so withheld shall be
22 deemed payments of estimated tax on the dates on which such
23 amounts were actually withheld.
24 (i) Short taxable year. The application of this Section
25 to taxable years of less than 12 months shall be in
26 accordance with regulations prescribed by the Department.
27 The changes in this Section made by Public Act 84-127
28 shall apply to taxable years ending on or after January 1,
29 1986.
30 (Source: P.A. 86-678; 86-953; 86-1028; 87-205.)
31 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
32 Sec. 901. Collection Authority.
33 (a) In general.
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1 The Department shall collect the taxes imposed by this
2 Act. The Department shall collect certified past due child
3 support amounts under Section 39b52 of the Civil
4 Administrative Code of Illinois. Except as provided in
5 subsections (c) and (e) of this Section, money collected
6 pursuant to subsections (a) and (b) of Section 201 of this
7 Act shall be paid into the General Revenue Fund in the State
8 treasury; money collected pursuant to subsections (c) and (d)
9 of Section 201 of this Act shall be paid into the Personal
10 Property Tax Replacement Fund, a special fund in the State
11 Treasury; and money collected under Section 39b52 of the
12 Civil Administrative Code of Illinois shall be paid into the
13 Child Support Enforcement Trust Fund, a special fund outside
14 the State Treasury.
15 (b) Local Governmental Distributive Fund.
16 Beginning August 1, 1969, and continuing through June 30,
17 1994, the Treasurer shall transfer each month from the
18 General Revenue Fund to a special fund in the State treasury,
19 to be known as the "Local Government Distributive Fund", an
20 amount equal to 1/12 of the net revenue realized from the tax
21 imposed by subsections (a) and (b) of Section 201 of this Act
22 during the preceding month. Beginning July 1, 1994, and
23 continuing through June 30, 1995, the Treasurer shall
24 transfer each month from the General Revenue Fund to the
25 Local Government Distributive Fund an amount equal to 1/11 of
26 the net revenue realized from the tax imposed by subsections
27 (a) and (b) of Section 201 of this Act during the preceding
28 month. Beginning July 1, 1995, the Treasurer shall transfer
29 each month from the General Revenue Fund to the Local
30 Government Distributive Fund an amount equal to 1/10 of the
31 net revenue realized from the tax imposed by subsections (a)
32 and (b) of Section 201 of the Illinois Income Tax Act during
33 the preceding month. Net revenue realized for a month shall
34 be defined as the revenue from the tax imposed by subsections
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1 (a) and (b) of Section 201 of this Act which is deposited in
2 the General Revenue Fund, the Educational Assistance Fund and
3 the Income Tax Surcharge Local Government Distributive Fund
4 during the month (but not including revenue attributable to
5 the increase in tax rates imposed under this amendatory Act
6 of 1997) minus the amount paid out of the General Revenue
7 Fund in State warrants during that same month as refunds to
8 taxpayers for overpayment of liability under the tax imposed
9 by subsections (a) and (b) of Section 201 of this Act.
10 (c) Deposits Into Income Tax Refund Fund.
11 (1) Beginning on January 1, 1989 and thereafter,
12 the Department shall deposit a percentage of the amounts
13 collected pursuant to subsections (a) and (b)(1), (2),
14 and (3), (4), and (5) of Section 201 of this Act into a
15 fund in the State treasury known as the Income Tax Refund
16 Fund. The Department shall deposit 6% of such amounts
17 during the period beginning January 1, 1989 and ending on
18 June 30, 1989. Beginning with State fiscal year 1990 and
19 for each fiscal year thereafter, the percentage deposited
20 into the Income Tax Refund Fund during a fiscal year
21 shall be the Annual Percentage. The Annual Percentage
22 shall be calculated as a fraction, the numerator of which
23 shall be the amount of refunds approved for payment by
24 the Department during the preceding fiscal year as a
25 result of overpayment of tax liability under subsections
26 (a) and (b)(1), (2), and (3), (4), and (5) of Section 201
27 of this Act plus the amount of such refunds remaining
28 approved but unpaid at the end of the preceding fiscal
29 year minus any surplus which remains on deposit in the
30 Income Tax Refund Fund at the end of the preceding year,
31 the denominator of which shall be the amounts which will
32 be collected pursuant to subsections (a) and (b)(1), (2),
33 and (3), (4), and (5) of Section 201 of this Act during
34 the preceding fiscal year. The Director of Revenue shall
-52- LRB9002758THdvam02
1 certify the Annual Percentage to the Comptroller on the
2 last business day of the fiscal year immediately
3 preceding the fiscal year for which is it to be
4 effective.
5 (2) Beginning on January 1, 1989 and thereafter,
6 the Department shall deposit a percentage of the amounts
7 collected pursuant to subsections (a) and (b)(6), (7),
8 and (8), (c) and (d) of Section 201 of this Act into a
9 fund in the State treasury known as the Income Tax Refund
10 Fund. The Department shall deposit 18% of such amounts
11 during the period beginning January 1, 1989 and ending on
12 June 30, 1989. Beginning with State fiscal year 1990 and
13 for each fiscal year thereafter, the percentage deposited
14 into the Income Tax Refund Fund during a fiscal year
15 shall be the Annual Percentage. The Annual Percentage
16 shall be calculated as a fraction, the numerator of which
17 shall be the amount of refunds approved for payment by
18 the Department during the preceding fiscal year as a
19 result of overpayment of tax liability under subsections
20 (a) and (b)(6), (7), and (8), (c) and (d) of Section 201
21 of this Act plus the amount of such refunds remaining
22 approved but unpaid at the end of the preceding fiscal
23 year, the denominator of which shall be the amounts which
24 will be collected pursuant to subsections (a) and (b)(6),
25 (7), and (8), (c) and (d) of Section 201 of this Act
26 during the preceding fiscal year. The Director of
27 Revenue shall certify the Annual Percentage to the
28 Comptroller on the last business day of the fiscal year
29 immediately preceding the fiscal year for which it is to
30 be effective.
31 (d) Expenditures from Income Tax Refund Fund.
32 (1) Beginning January 1, 1989, money in the Income
33 Tax Refund Fund shall be expended exclusively for the
34 purpose of paying refunds resulting from overpayment of
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1 tax liability under Section 201 of this Act and for
2 making transfers pursuant to this subsection (d).
3 (2) The Director shall order payment of refunds
4 resulting from overpayment of tax liability under Section
5 201 of this Act from the Income Tax Refund Fund only to
6 the extent that amounts collected pursuant to Section 201
7 of this Act and transfers pursuant to this subsection (d)
8 have been deposited and retained in the Fund.
9 (3) On the last business day of each fiscal year,
10 the Director shall order transferred and the State
11 Treasurer and State Comptroller shall transfer from the
12 Income Tax Refund Fund to the Personal Property Tax
13 Replacement Fund an amount, certified by the Director to
14 the Comptroller, equal to the excess of the amount
15 collected pursuant to subsections (c) and (d) of Section
16 201 of this Act deposited into the Income Tax Refund Fund
17 during the fiscal year over the amount of refunds
18 resulting from overpayment of tax liability under
19 subsections (c) and (d) of Section 201 of this Act paid
20 from the Income Tax Refund Fund during the fiscal year.
21 (4) On the last business day of each fiscal year,
22 the Director shall order transferred and the State
23 Treasurer and State Comptroller shall transfer from the
24 Personal Property Tax Replacement Fund to the Income Tax
25 Refund Fund an amount, certified by the Director to the
26 Comptroller, equal to the excess of the amount of refunds
27 resulting from overpayment of tax liability under
28 subsections (c) and (d) of Section 201 of this Act paid
29 from the Income Tax Refund Fund during the fiscal year
30 over the amount collected pursuant to subsections (c) and
31 (d) of Section 201 of this Act deposited into the Income
32 Tax Refund Fund during the fiscal year.
33 (5) This Act shall constitute an irrevocable and
34 continuing appropriation from the Income Tax Refund Fund
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1 for the purpose of paying refunds upon the order of the
2 Director in accordance with the provisions of this
3 Section.
4 (e) Deposits into the Education Assistance Fund and the
5 Income Tax Surcharge Local Government Distributive Fund.
6 On July 1, 1991, and thereafter until August 1, 1997, of
7 the amounts collected pursuant to subsections (a) and (b) of
8 Section 201 of this Act, minus deposits into the Income Tax
9 Refund Fund, the Department shall deposit 7.3% into the
10 Education Assistance Fund in the State Treasury. On August 1,
11 1997 and thereafter, of the amounts collected pursuant to
12 subsections (a) and (b) of Section 201 of this Act, minus
13 deposits into the Income Tax Refund Fund, the Department
14 shall deposit 5.84% into the Education Assistance Fund in the
15 State Treasury.
16 Beginning July 1, 1991, and continuing through January
17 31, 1993, of the amounts collected pursuant to subsections
18 (a) and (b) of Section 201 of the Illinois Income Tax Act,
19 minus deposits into the Income Tax Refund Fund, the
20 Department shall deposit 3.0% into the Income Tax Surcharge
21 Local Government Distributive Fund in the State Treasury.
22 Beginning February 1, 1993 and continuing through June 30,
23 1993, of the amounts collected pursuant to subsections (a)
24 and (b) of Section 201 of the Illinois Income Tax Act, minus
25 deposits into the Income Tax Refund Fund, the Department
26 shall deposit 4.4% into the Income Tax Surcharge Local
27 Government Distributive Fund in the State Treasury. Beginning
28 July 1, 1993, and continuing through June 30, 1994, of the
29 amounts collected under subsections (a) and (b) of Section
30 201 of this Act, minus deposits into the Income Tax Refund
31 Fund, the Department shall deposit 1.475% into the Income Tax
32 Surcharge Local Government Distributive Fund in the State
33 Treasury.
34 (f) Deposits into the Education Property Tax Relief
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1 Fund.
2 On August 1, 1997 and thereafter, of the amounts
3 collected pursuant to subsections (a), (b)(4)(ii), and (b)(5)
4 of Section 201 of this Act, minus deposits into the Income
5 Tax Refund Fund, the Department shall deposit 12.00% into the
6 Education Property Tax Relief Fund.
7 (g) Deposits into the Common School Fund.
8 On August 1, 1997 and thereafter, of the amounts
9 collected pursuant to subsections (a), (b)(4)(ii), and (b)(5)
10 of Section 201 of this Act, minus deposits into the Income
11 Tax Refund Fund, the Department shall deposit 8.00% into the
12 Common School Fund.
13 (h) Deposits into the School Capital and Technology
14 Infrastructure Fund.
15 On August 1, 1997 and thereafter, of the amounts
16 collected pursuant to subsections (a), (b)(4)(ii), and (b)(5)
17 of Section 201 of this Act, minus deposits into the Income
18 Tax Refund Fund, the Department shall deposit 1.33% into the
19 School Capital and Technology Infrastructure Fund.
20 (Source: P.A. 88-89; 89-6, eff. 12-31-95.)
21 Section 20. The Property Tax Code is amended by changing
22 Sections 18-249, 18-255, 20-15, and 21-30 and adding Section
23 18-162 as follows:
24 (35 ILCS 200/18-162 new)
25 Section 18-162. School Tax Abatement. Beginning with
26 taxes levied for 1997 and extended in 1998, after determining
27 the final extension for a parcel or that portion of a parcel
28 that is eligible for the General Homestead Exemption under
29 Section 15-175, or for that parcel or that portion of a
30 parcel or farm improvement that is eligible for assessment as
31 a farm under Sections 10-110 through 10-140, the county clerk
32 shall abate part of that extension for each school district
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1 subject to the School Code in which the parcel or portion of
2 a parcel or farm improvement is located. The rate for this
3 abatement shall be calculated by the county clerk by dividing
4 the amount certified by the Department under Section 7 of the
5 State Revenue Sharing Act to be distributed from the
6 Education Property Tax Relief Fund for the county's portion
7 of the school district divided by the equalized assessed
8 valuation used in calculating tax rates under Section 18-45
9 in the school district in the county of those parcels or
10 portions of parcels or farm improvements eligible for
11 abatement under this Section.
12 (35 ILCS 200/18-249)
13 Sec. 18-249. Miscellaneous provisions.
14 (a) Certification of new property. For the 1994 levy
15 year, the chief county assessment officer shall certify to
16 the county clerk, after all changes by the board of review or
17 board of appeals, as the case may be, the assessed value of
18 new property by taxing district for the 1994 levy year under
19 rules promulgated by the Department.
20 (b) (Blank). School Code. A school district's State aid
21 shall not be reduced under the computation under subsections
22 5(a) through 5(h) of Part A of Section 18-8 of the School
23 Code due to the operating tax rate falling from above the
24 minimum requirement of that Section of the School Code to
25 below the minimum requirement of that Section of the School
26 Code due to the operation of this Law.
27 (c) Rules. The Department shall make and promulgate
28 reasonable rules relating to the administration of the
29 purposes and provisions of Sections 18-246 through 18-249 as
30 may be necessary or appropriate.
31 (Source: P.A. 89-1, eff. 2-12-95.)
32 (35 ILCS 200/18-255)
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1 Sec. 18-255. Abstract of assessments and extensions.
2 Within 30 days of completing the When the collector's books
3 are completed, the county clerk shall make a complete
4 statement of the assessment and extensions, in conformity to
5 the instructions of the Department. The clerk shall certify
6 the statement to the Department. Beginning with the 1996 levy
7 year, the Department shall require the statement to include a
8 separate listing of the extensions subject to abatement
9 pursuant to Section 18-162. If the county clerk is unable to
10 complete the statement for the 1996 levy year prior to
11 September 1, 1997, the county clerk shall provide such
12 separate listing for the 1995 levy year by September 1, 1997.
13 (Source: Laws 1943, vol. 1, p. 1136; P.A. 88-455.)
14 (35 ILCS 200/20-15)
15 Sec. 20-15. Information on bill or separate statement.
16 The amount of tax due and rates shown on the tax bill
17 pursuant to this Section shall be net of any abatement under
18 Section 18-162 of the Property Tax Code. There shall be
19 printed on each bill, or on a separate slip which shall be
20 mailed with the bill:
21 (a) a statement itemizing the rate at which taxes
22 have been extended for each of the taxing districts in
23 the county in whose district the property is located, and
24 in those counties utilizing electronic data processing
25 equipment the dollar amount of tax due from the person
26 assessed allocable to each of those taxing districts,
27 including a separate statement of the dollar amount of
28 tax due which is allocable to a tax levied under the
29 Illinois Local Library Act or to any other tax levied by
30 a municipality or township for public library purposes,
31 (b) a separate statement for each of the taxing
32 districts of the dollar amount of tax due which is
33 allocable to a tax levied under the Illinois Pension Code
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1 or to any other tax levied by a municipality or township
2 for public pension or retirement purposes,
3 (c) the total tax rate,
4 (d) the total amount of tax due, and
5 (e) the amount by which the total tax and the tax
6 allocable to each taxing district differs from the
7 taxpayer's last prior tax bill, and.
8 (f) the amount of tax abated under Section 18-162
9 labeled "Your School Tax Refund".
10 The county treasurer shall ensure that only those taxing
11 districts in which a parcel of property is located shall be
12 listed on the bill for that property.
13 In all counties the statement shall also provide:
14 (1) the property index number or other suitable
15 description,
16 (2) the assessment of the property,
17 (3) the equalization factors imposed by the county
18 and by the Department, and
19 (4) the equalized assessment resulting from the
20 application of the equalization factors to the basic
21 assessment.
22 In all counties which do not classify property for
23 purposes of taxation, for property on which a single family
24 residence is situated the statement shall also include a
25 statement to reflect the fair cash value determined for the
26 property. In all counties which classify property for
27 purposes of taxation in accordance with Section 4 of Article
28 IX of the Illinois Constitution, for parcels of residential
29 property in the lowest assessment classification the
30 statement shall also include a statement to reflect the fair
31 cash value determined for the property.
32 In counties which use the estimated or accelerated
33 billing methods, these statements shall only be provided with
34 the final installment of taxes due, except that the statement
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1 under item (f) shall be included with both installments in
2 those counties under estimated or accelerated billing
3 methods, the first billing showing the amount deducted from
4 the first installment, and the final billing showing the
5 total tax abated for the levy year under Section 18-162. The
6 provisions of this Section create a mandatory statutory duty.
7 They are not merely directory or discretionary. The failure
8 or neglect of the collector to mail the bill, or the failure
9 of the taxpayer to receive the bill, shall not affect the
10 validity of any tax, or the liability for the payment of any
11 tax.
12 (Source: P.A. 87-818; 88-455; incorporates 88-262; 88-670,
13 eff. 12-2-94.)
14 (35 ILCS 200/21-30)
15 Sec. 21-30. Accelerated billing. Except as provided in
16 this Section and Section 21-40, in counties with 3,000,000 or
17 more inhabitants, by January 31 annually, estimated tax bills
18 setting out the first installment of property taxes for the
19 preceding year, payable in that year, shall be prepared and
20 mailed. The first installment of taxes on the estimated tax
21 bills shall be computed at 50% of the total of each tax bill
22 before the abatement of taxes under Section 18-162 for the
23 preceding year, less an estimate of half of the School Tax
24 Abatement for the current year for eligible parcels and
25 portions of parcels and farm improvements based on a rate
26 calculated by the county clerk by dividing 50% of the amount
27 certified by the Department under Section 7 of the State
28 Revenue Sharing Act to be distributed from the Education
29 Property Tax Relief Fund for the county's portion of the
30 school district by the equalized assessed valuation used in
31 calculating tax rates for the preceding year under Section
32 18-45 in the school district in the county of those parcels
33 or portions of parcels or farm improvements eligible for an
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1 abatement under this Section. By June 30 annually, actual
2 tax bills shall be prepared and mailed. These bills shall set
3 out total taxes due and the amount of estimated taxes billed
4 in the first installment, and shall state the balance of
5 taxes due for that year as represented by the sum derived
6 from subtracting the amount of the first installment from the
7 total taxes due for that year.
8 The county board may provide by ordinance, in counties
9 with 3,000,000 or more inhabitants, for taxes to be paid in 4
10 installments. For the levy year for which the ordinance is
11 first effective and each subsequent year, estimated tax bills
12 setting out the first, second, and third installment of taxes
13 for the preceding year, payable in that year, shall be
14 prepared and mailed not later than the date specified by
15 ordinance. Each installment on estimated tax bills shall be
16 computed at 25% of the total of each tax bill for the
17 preceding year. By the date specified in the ordinance,
18 actual tax bills shall be prepared and mailed. These bills
19 shall set out total taxes due and the amount of estimated
20 taxes billed in the first, second, and third installments and
21 shall state the balance of taxes due for that year as
22 represented by the sum derived from subtracting the amount of
23 the estimated installments from the total taxes due for that
24 year.
25 The county board of any county with less than 3,000,000
26 inhabitants may, by ordinance or resolution, adopt an
27 accelerated method of tax billing. The county board may
28 subsequently rescind the ordinance or resolution and revert
29 to the method otherwise provided for in this Code.
30 Taxes levied on homestead property in which a member of
31 the National Guard or reserves of the armed forces of the
32 United States who was called to active duty on or after
33 August 1, 1990, and who has an ownership interest shall not
34 be deemed delinquent and no interest shall accrue or be
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1 charged as a penalty on such taxes due and payable in 1991 or
2 1992 until one year after that member returns to civilian
3 status.
4 (Source: P.A. 87-17; 87-340; 87-895; 88-455.)
5 (35 ILCS 200/18-200 rep.)
6 Section 21. The Property Tax Code is amended by
7 repealing Section 18-200.
8 Section 30. The Illinois Pension Code is amended by
9 changing Sections 17-108, 17-127, and 17-129 as follows:
10 (40 ILCS 5/17-108) (from Ch. 108 1/2, par. 17-108)
11 Sec. 17-108. Fiscal year and school year.
12 "Fiscal year" and "school year": Beginning July 1, 1999,
13 the period beginning on the 1st day of July September of one
14 calendar year and ending on the 30th 31st day of June August
15 of the next calendar year. Each fiscal year and each school
16 year shall be designated for convenience with the same number
17 as the calendar year in which that fiscal year or school year
18 ends. The fiscal year that begins September 1, 1998 shall
19 end June 30, 1999.
20 (Source: P.A. 83-792.)
21 (40 ILCS 5/17-127) (from Ch. 108 1/2, par. 17-127)
22 Sec. 17-127. Financing; revenues for the Fund.
23 (a) The revenues for the Fund shall consist of: (1)
24 amounts paid into the Fund by contributors thereto and from
25 employer contributions, including taxes and State
26 appropriations in accordance with this Article; (2) amounts
27 contributed to the Fund pursuant to any law now in force or
28 hereafter to be enacted; (3) contributions from any other
29 source; and (4) the earnings on investments.
30 (b) The State shall make contributions to the Fund by
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1 means of appropriations from the Common School Fund and other
2 State funds of amounts which, together with other employer
3 contributions, employee contributions, investment income, and
4 other income, will be sufficient to meet the cost of
5 maintaining and administering the Fund on a 90% funded basis
6 in accordance with actuarial recommendations. The Board of
7 Trustees shall determine the total base amount for each State
8 fiscal year beginning in State fiscal year 1999, on the basis
9 of the actuarial tables and other assumptions adopted by the
10 Board of Trustees and the recommendations of the actuary,
11 using the formula in subsection (c) of this Section.
12 Beginning in State fiscal year 2007, the State shall be
13 responsible for and shall contribute 100% of the total base
14 amount determined under subsection (c), minus amounts paid by
15 the Board of Education with federal program contributions, as
16 determined and certified by the Board of Trustees. In fiscal
17 years 1999 through 2006, the State shall be responsible for
18 and shall contribute the following specified percentages of
19 the amount determined by subtracting from the total base
20 amount, the amounts to be paid by the Board of Education with
21 federal program contributions, as determined and certified by
22 the Board of Trustees:
23 Fiscal Year 1999: 77%
24 Fiscal Year 2000: 81%
25 Fiscal Year 2001: 84%
26 Fiscal Year 2002: 87%
27 Fiscal Year 2003: 90%
28 Fiscal Year 2004: 93%
29 Fiscal Year 2005: 95%
30 Fiscal Year 2006: 98%
31 (c) For State fiscal years 2011 through 2045, the total
32 base amount in each fiscal year shall be an amount determined
33 by the Fund to be sufficient to bring the total assets of the
34 Fund up to 90% of the total actuarial liabilities of the Fund
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1 by the end of fiscal year 2045. In making these
2 determinations, the total base amount shall be calculated
3 each year as a level percentage of payroll over the years
4 remaining to and including fiscal year 2045 and shall be
5 determined under the projected unit credit actuarial cost
6 method.
7 For State fiscal years 1999 through 2010, the total base
8 amount, as a percentage of the applicable employee payroll,
9 shall be increased in equal annual increments so that by
10 State fiscal year 2011, the total base amount is the amount
11 then required under this subsection.
12 Beginning in State fiscal year 2046, the total base
13 amount for each State fiscal year shall be the amount needed
14 to maintain the total assets of the Fund at 90% of the total
15 actuarial liabilities of the Fund.
16 The Board of Trustees shall determine (i) the total base
17 amount for each fiscal year on the basis of the actuarial
18 tables and other assumptions adopted by the Board and the
19 recommendations of the actuary, (ii) the portion of that
20 total base amount that is the responsibility of the State
21 under this Section, and (iii) the portion of that total base
22 amount that will be paid by the Board of Education with
23 federal program contributions. Annually, on or before
24 November 15, the Board of Trustees shall certify to the
25 Governor the amounts so determined for the coming fiscal
26 year. The certification shall include a copy of the
27 actuarial recommendations upon which it is based.
28 (d) Beginning in State fiscal year 1999, on the 15th day
29 of each month, or as soon thereafter as may be practicable,
30 the Board of Trustees shall submit vouchers for payment of
31 State contributions to the Fund, in a total monthly amount of
32 one-twelfth of the required annual State contribution
33 certified under this Section. These vouchers shall be paid
34 by the State Comptroller and Treasurer by warrants drawn on
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1 the funds appropriated to the Fund for that fiscal year.
2 If in any month the amount remaining unexpended from all
3 other appropriations to the Fund for the applicable State
4 fiscal year is less than the amount lawfully vouchered under
5 this subsection, the difference shall be paid from the Common
6 School Fund under the continuing appropriation authority
7 provided in Section 1.1 of the State Pension Funds Continuing
8 Appropriation Act.
9 (e) Payment of pensions, retirement annuities, death
10 benefits, refunds, and other benefits granted under or
11 assumed by this Fund, and of expenses in connection with the
12 administration and operation of the Fund, are not obligations
13 or liabilities of the State.
14 The General Assembly finds that for many years the State has
15 contributed to the Fund an annual amount that is between 20%
16 and 30% of the amount of the annual State contribution to the
17 Article 16 retirement system, and the General Assembly
18 declares that it is its goal and intention to continue this
19 level of contribution to the Fund in the future.
20 (Source: P.A. 88-593, eff. 8-22-94.)
21 (40 ILCS 5/17-129) (from Ch. 108 1/2, par. 17-129)
22 Sec. 17-129. Employer contributions; deficiency in Fund.
23 (a) If in any fiscal year of the Board of Education
24 ending prior to 1998 the total amounts paid to the Fund from
25 the Board of Education (other than under this subsection, and
26 other than amounts used for making or "picking up"
27 contributions on behalf of teachers) and from the State do
28 not equal the total contributions made by or on behalf of the
29 teachers for such year, or if the total income of the Fund in
30 any fiscal year of the Board of Education from all sources is
31 less than the total expenditures by the Fund for such year,
32 the Board of Education shall, in the next succeeding year, in
33 addition to any other payment to the Fund set apart and
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1 appropriate from moneys from its tax levy for educational
2 purposes, a sum sufficient to remove such deficiency or
3 deficiencies, and promptly pay such sum into the Fund in
4 order to restore any of the reserves of the Fund that may
5 have been so temporarily applied.
6 (b) Blank. For fiscal years 2011 through 2045, the
7 minimum contribution to the Fund to be made by the board of
8 education in each fiscal year shall be an amount determined
9 by the Fund to be sufficient to bring the total assets of the
10 Fund up to 90% of the total actuarial liabilities of the Fund
11 by the end of fiscal year 2045. In making these
12 determinations, the required board of education contribution
13 shall be calculated each year as a level percentage of
14 payroll over the years remaining to and including fiscal year
15 2045 and shall be determined under the projected unit credit
16 actuarial cost method.
17 For fiscal years 1999 through 2010, the board of
18 education's contribution to the Fund, as a percentage of the
19 applicable employee payroll, shall be increased in equal
20 annual increments so that by fiscal year 2011, the board of
21 education is contributing at the rate required under this
22 subsection.
23 Beginning in fiscal year 2046, the minimum board of
24 education contribution for each fiscal year shall be the
25 amount needed to maintain the total assets of the Fund at 90%
26 of the total actuarial liabilities of the Fund.
27 (c) The Board of Trustees shall determine the amount of
28 board of education contributions required for each fiscal
29 year on the basis of the actuarial tables and other
30 assumptions adopted by the Board and the recommendations of
31 the actuary, in order to meet the minimum contribution
32 requirements of subsections (a) and (b). Annually, on or
33 before November 15, the Board shall certify to the Board of
34 Education the amount of the required board of education
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1 contribution for the coming fiscal year. The certification
2 shall include a copy of the actuarial recommendations upon
3 which it is based.
4 (Source: P.A. 89-15, eff. 5-30-95.)
5 Section 35. The State Pension Funds Continuing
6 Appropriation Act is amended by changing Section 1.1 as
7 follows:
8 (40 ILCS 15/1.1)
9 Sec. 1.1. Appropriations to certain retirement systems.
10 (a) There is hereby appropriated from the General
11 Revenue Fund to the General Assembly Retirement System, on a
12 continuing monthly basis, the amount, if any, by which the
13 total available amount of all other appropriations to that
14 retirement system for the payment of State contributions is
15 less than the total amount of the vouchers for required State
16 contributions lawfully submitted by the retirement system for
17 that month under Section 2-134 of the Illinois Pension Code.
18 (b) There is hereby appropriated from the General
19 Revenue Fund to the State Universities Retirement System, on
20 a continuing monthly basis, the amount, if any, by which the
21 total available amount of all other appropriations to that
22 retirement system for the payment of State contributions is
23 less than the total amount of the vouchers for required State
24 contributions lawfully submitted by the retirement system for
25 that month under Section 15-165 of the Illinois Pension Code.
26 (c) There is hereby appropriated from the Common School
27 Fund to the Teachers' Retirement System of the State of
28 Illinois, on a continuing monthly basis, the amount, if any,
29 by which the total available amount of all other
30 appropriations to that retirement system for the payment of
31 State contributions is less than the total amount of the
32 vouchers for required State contributions lawfully submitted
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1 by the retirement system for that month under Section 16-158
2 of the Illinois Pension Code.
3 (d) There is hereby appropriated from the General
4 Revenue Fund to the Judges Retirement System of Illinois, on
5 a continuing monthly basis, the amount, if any, by which the
6 total available amount of all other appropriations to that
7 retirement system for the payment of State contributions is
8 less than the total amount of the vouchers for required State
9 contributions lawfully submitted by the retirement system for
10 that month under Section 18-140 of the Illinois Pension Code.
11 (e) There is hereby appropriated from the Common School
12 Fund of the State of Illinois to the Public School Teachers'
13 Pension and Retirement Fund of Chicago, on a continuing
14 monthly basis, the amount, if any, by which the total
15 available amount of all other appropriations to that
16 retirement system for the payment of State contributions is
17 less than the total amount of the vouchers for required State
18 contributions lawfully submitted by the retirement system for
19 that month under Section 17-127 of the Illinois Pension Code.
20 (f) The continuing appropriations provided by this
21 Section shall first be available in State fiscal year 1996,
22 except that the appropriations provided under subsection (e)
23 shall first be available in State fiscal year 1999.
24 (Source: P.A. 88-593, eff. 8-22-94.)
25 Section 40. The School Code is amended by changing
26 Sections 1A-2, 1C-2, 1D-1, 10-22.6, 10-22.23, 10-22.23a,
27 10-23.5, 10-23.8, 10-23.8a, 18-7, 18-8, 18-8.2, 21-1a, 21-2,
28 21-2.1, 21-2a, 21-3, 21-4, 21-5, 21-5a, 21-5b, 21-7.1, 21-10,
29 21-11.1, 21-11.3, 21-11.4, 21-14, 24-11, 24-12, and 34-84 and
30 adding Sections 2-3.120, 2-3.121, 2-3.122, 21-0.01, 21-0.02,
31 21-0.03, 21-5c, and 21-5d as follows:
32 (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
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1 Sec. 1A-2. Qualifications. The members of the State
2 Board of Education shall be citizens of the United States and
3 residents of the State of Illinois and shall be selected as
4 far as may be practicable on the basis of their knowledge of,
5 or interest and experience in, problems of public education.
6 No member of the State Board of Education shall be gainfully
7 employed or administratively connected with any school
8 system, nor have any interest in or benefit from funds
9 provided by the State Board of Education to an or institution
10 of higher learning, public or private, within Illinois, nor
11 shall they be members of a school board or board of school
12 trustees of a public or nonpublic school, college, university
13 or technical institution within Illinois. No member shall
14 be appointed to more than 2 six year terms. Members shall be
15 reimbursed for all ordinary and necessary expenses incurred
16 in performing their duties as members of the Board. Expenses
17 shall be approved by the Board and be consistent with the
18 laws, policies, and requirements of the State of Illinois
19 regarding such expenditures, plus any member may include in
20 his claim for expenses $50 per day for meeting days.
21 (Source: P.A. 80-1513.)
22 (105 ILCS 5/1C-2)
23 Sec. 1C-2. Block grants.
24 (a) For fiscal year 1998, and each fiscal year
25 thereafter, the State Board of Education shall award to
26 school districts block grants as described in subsections
27 (b), (c), and (d). The State Board of Education may adopt
28 rules and regulations necessary to implement this Section.
29 (b) A School Improvement Block Grant shall be created by
30 combining the following programs: the School Safety and
31 Improvement Block Grant, K-6 Arts Planning, Scientific
32 Literacy, Substance Abuse/Violence Prevention, Urban
33 Education Partnership, Report Cards, and Background Checks.
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1 The State Board of Education may make grants to community
2 organizations, institutions of higher learning, and other
3 entities on a competitive basis. The remainder of the funds
4 shall be distributed to school districts based on average
5 daily attendance.
6 (c) A Professional Development Block Grant shall be
7 created by combining the existing School Improvement Block
8 Grant, the REI Initiative, and the Leadership Development
9 Institute. The State Board of Education may make grants to
10 community organizations, institutions of higher learning, and
11 other entities on a competitive basis. The remainder of the
12 funds shall be distributed to school districts based on the
13 number of instructional and related services staff employed
14 in the district.
15 (d) An Early Childhood Education Block Grant shall be
16 created by combining the following programs: Preschool
17 Education, Parental Training and Prevention Initiative.
18 These funds shall be distributed to school districts and
19 other entities on a competitive basis. Six percent of this
20 grant shall be used to fund programs for children ages 0-3.
21 From appropriations made for block grant purposes, the State
22 Board of Education is authorized to award funds to eligible
23 recipients upon application. Semiannual installment payments
24 shall be made and semiannual expenditure reports shall be
25 required.
26 (Source: P.A. 88-555, eff. 7-27-94; 89-397, eff. 8-20-95.)
27 (105 ILCS 5/1D-1)
28 Sec. 1D-1. Block grant funding.
29 (a) For fiscal year 1996 and each fiscal year
30 thereafter, the State Board of Education shall award to a
31 school district having a population exceeding 500,000
32 inhabitants a general education block grant and an
33 educational services block grant, determined as provided in
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1 this Section, in lieu of distributing to the district
2 separate State funding for the programs described in
3 subsections (b) and (c). The provisions of this Section,
4 however, do not apply to any federal funds that the district
5 is entitled to receive.
6 (b) The general education block grant shall include the
7 following programs: School Safety and Improvement Block
8 Grant, the REI Initiative, the Leadership Development
9 Institute, K-6 Comprehensive Arts, School Improvement
10 Support, Urban Education, Scientific Literacy, Substance
11 Abuse Prevention, Second Language Planning, Staff
12 Development, Outcomes and Assessment, K-6 Reading
13 Improvement, Truants' Optional Education, Hispanic Programs,
14 Agriculture Education, Gifted Education, Parental Education,
15 Prevention Initiative, Report Cards, and Criminal Background
16 Investigations. Notwithstanding any other provision of law,
17 all amounts paid under the general education block grant from
18 State appropriations to a school district in a city having a
19 population exceeding 500,000 inhabitants shall be
20 appropriated and expended by the board of that district for
21 any of the programs included in the block grant or any of the
22 board's lawful purposes.
23 (c) The educational services block grant shall include
24 the following programs: Bilingual, Regular and Vocational
25 Transportation, State Lunch and Free Breakfast Program,
26 Preschool At Risk, Special Education (Personnel,
27 Extraordinary, Transportation, Orphanage, Private Tuition),
28 Summer School, Educational Service Centers, and
29 Administrator's Academy. This subsection (c) does not
30 relieve the district of its obligation to provide the
31 services required under a program that is included within the
32 educational services block grant. It is the intention of the
33 General Assembly in enacting the provisions of this
34 subsection (c) to relieve the district of the administrative
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1 burdens that impede efficiency and accompany single-program
2 funding. The General Assembly encourages the board to pursue
3 mandate waivers pursuant to Section 2-3.25g.
4 (d) For fiscal year 1998 1996 and each fiscal year
5 thereafter, the amount of the district's block grants shall
6 be determined as follows: (i) with respect to each program
7 that is included within each block grant, the district shall
8 receive an amount equal to the same percentage of the current
9 fiscal year appropriation made for that program as the
10 percentage of the appropriation received by the district from
11 the 1997 1995 fiscal year appropriation made for that
12 program, and (ii) the total amount that is due the district
13 under the block grant shall be the aggregate of the amounts
14 that the district is entitled to receive for the fiscal year
15 with respect to each program that is included within the
16 block grant that the State Board of Education shall award the
17 district under this Section for that fiscal year.
18 (e) The district is not required to file any application
19 or other claim in order to receive the block grants to which
20 it is entitled under this Section. The State Board of
21 Education shall make payments to the district of amounts due
22 under the district's block grants on a schedule determined by
23 the State Board of Education.
24 (f) A school district to which this Section applies
25 shall report to the State Board of Education on its use of
26 the block grants in such form and detail as the State Board
27 of Education may specify.
28 (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
29 (105 ILCS 5/2-3.120 new)
30 Sec. 2-3.120. Task force on block grants. The State
31 Board of Education shall appoint the members of and convene a
32 task force, to consist of no more than 9 members, to study
33 the State's largest categorical programs of special eduction,
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1 bilingual education, transportation, vocational education,
2 and pre-kindergarten and to determine the best means of
3 improving educational results and the efficiency in the
4 delivery of services. The task force may form advisory
5 groups to consider the individual programs if the task force
6 deems such groups necessary. The task force shall conduct a
7 full financial review of program costs (both State and local
8 funds) and shall review and make recommendations for changes,
9 program contents (including approaches), service delivery
10 mechanisms, mandates, regulations, and overall effectiveness
11 with respect to student results and school accountability.
12 The task force shall include representatives from
13 education, business, and the general public and shall be
14 established by appointments made no later than 60 days after
15 the effective date of this amendatory Act of 1997. The State
16 Board of Education shall forward the recommendations of the
17 task force to the General Assembly no later than December 31,
18 1998. The recommendations shall include a review of the
19 current cost of the programs as well as a review of the
20 current regulations and mandates (including those of federal
21 laws that apply in these areas). The recommendations shall
22 also include suggestions for improvements in the programs,
23 including the service delivery mechanisms and overall
24 effectiveness.
25 (105 ILCS 5/2-3.121 new)
26 Sec. 2-3.121. School Capital and Technology
27 Infrastructure Fund and Program.
28 (a) The State Board of Education shall make quarterly
29 grants from the School Capital and Technology Infrastructure
30 Fund to school districts for school capital and technology
31 infrastructure purposes. School districts may use the grants
32 to finance, acquire, construct, reconstruct, rehabilitate,
33 improve, develop, and install capital facilities consisting
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1 of buildings, structures, durable equipment, and
2 instructional technology including computer hardware and
3 network infrastructure.
4 (b) Beginning November 1, 1997, school districts are
5 eligible to receive quarterly State grants from the School
6 Capital and Technology Infrastructure Fund, a special fund
7 that is hereby created in the State treasury. The State
8 Board of Education shall distribute to school districts in
9 the form of grants under this Section, on the first day of
10 the second calendar month following the end of each quarter
11 of the State fiscal year, an aggregate amount equal to the
12 amount that was deposited into the School Capital and
13 Technology Infrastructure Fund in that quarter.
14 (c) The aggregate amount of the quarterly grant shall be
15 divided among the school districts by the State Board of
16 Education on the basis of the districts' Average Daily
17 Attendance for general State aid purposes.
18 (d) For each grant to a school district under this
19 Section, the school district shall provide a local match at
20 least equal to 50% of the amount of that State grant. The
21 school district may count toward the match required for the
22 State grants received in any year all amounts that have been
23 or will be expended from bond proceeds by the district for
24 capital projects (or expended by a public building commission
25 for projects for lease to the school district) in that year,
26 or in any of the 5 previous school years to the extent that
27 those amounts have not already been used as a match under
28 this Section. The matching amounts need not have been
29 expended on projects that were supported in part by a grant
30 under this Section. The State Board of Education may waive
31 or reduce the match requirement in cases of hardship.
32 (e) A school district must report annually to the State
33 Board of Education regarding the actual use of the grants and
34 the required match.
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1 (f) The State Board of Education shall adopt rules for
2 the administration of the School Capital and Technology
3 Infrastructure Program, including rules defining the types of
4 instructional equipment and capital projects that qualify for
5 funding, the contents of spending reports, the types of
6 acceptable local match, and the waiver or reduction of local
7 match.
8 (g) For the purpose of making grants under this Section,
9 there is hereby appropriated from the School Capital and
10 Technology Infrastructure Fund to the State Board of
11 Education, on a continuing basis in each quarter of each
12 State fiscal year, an amount equal to the amount deposited
13 into the School Capital and Technology Infrastructure Fund
14 during the previous quarter. The appropriations made by this
15 subsection (g) shall begin in State fiscal year 1998.
16 (105 ILCS 5/2-3.122 new)
17 Sec. 2-3.122. Career Development and Preparation Block
18 Grant Program. The Career Development and Preparation Block
19 Grant Program is hereby created. Under that program, the
20 following programs shall be combined for block grant funding
21 purposes: Career Awareness and Development, Vocational
22 Education - State, Vocational Education - Staff Development,
23 Student Apprentice Program, Tech Prep, and Partnership
24 Academies. Block grants under the program shall be available
25 pursuant to appropriation and distributed as determined by
26 the State Board of Education. The State Board of Education
27 may require school districts to file applications in order to
28 receive their block grant under this Section.
29 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
30 (Text of Section before amendment by P.A. 89-507)
31 Sec. 10-22.6. Suspension or expulsion of pupils; school
32 searches.
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1 (a) To expel pupils guilty of gross disobedience or
2 misconduct, and no action shall lie against them for such
3 expulsion. Expulsion shall take place only after the parents
4 have been requested to appear at a meeting of the board, or
5 with a hearing officer appointed by it, to discuss their
6 child's behavior. Such request shall be made by registered or
7 certified mail and shall state the time, place and purpose of
8 the meeting. The board, or a hearing officer appointed by it,
9 at such meeting shall state the reasons for dismissal and the
10 date on which the expulsion is to become effective. If a
11 hearing officer is appointed by the board he shall report to
12 the board a written summary of the evidence heard at the
13 meeting and the board may take such action thereon as it
14 finds appropriate.
15 (b) To suspend or by regulation to authorize the
16 superintendent of the district or the principal, assistant
17 principal, or dean of students of any school to suspend
18 pupils guilty of gross disobedience or misconduct, or to
19 suspend pupils guilty of gross disobedience or misconduct on
20 the school bus from riding the school bus, and no action
21 shall lie against them for such suspension. The board may by
22 regulation authorize the superintendent of the district or
23 the principal, assistant principal, or dean of students of
24 any school to suspend pupils guilty of such acts for a period
25 not to exceed 10 school days. If a pupil is suspended due to
26 gross disobedience or misconduct on a school bus, the board
27 may suspend the pupil in excess of 10 school days for safety
28 reasons. Any suspension shall be reported immediately to the
29 parents or guardian of such pupil along with a full statement
30 of the reasons for such suspension and a notice of their
31 right to a review, a copy of which shall be given to the
32 school board. Upon request of the parents or guardian the
33 school board or a hearing officer appointed by it shall
34 review such action of the superintendent or principal,
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1 assistant principal, or dean of students. At such review the
2 parents or guardian of the pupil may appear and discuss the
3 suspension with the board or its hearing officer. If a
4 hearing officer is appointed by the board he shall report to
5 the board a written summary of the evidence heard at the
6 meeting. After its hearing or upon receipt of the written
7 report of its hearing officer, the board may take such action
8 as it finds appropriate.
9 (c) The Department of Mental Health and Developmental
10 Disabilities shall be invited to send a representative to
11 consult with the board at such meeting whenever there is
12 evidence that mental illness may be the cause for expulsion
13 or suspension.
14 (d) The board may expel a student for a definite period
15 of time not to exceed 2 calendar years, as determined on a
16 case by case basis. A student who is determined to have
17 brought a weapon to school, any school-sponsored activity or
18 event, or any activity or event which bears a reasonable
19 relationship to school shall be expelled for a period of not
20 less than one year, except that the expulsion period may be
21 modified by the board on a case by case basis. For purposes
22 of this Section, the term "weapon" means possession, use,
23 control or transfer of any object which may be used to cause
24 bodily harm, including but not limited to a weapon as defined
25 by Section 921 of Title 18, United States Code, firearm as
26 defined in Section 1.1 of the Firearm Owners Identification
27 Act, use of weapon as defined in Section 24-1 of the Criminal
28 Code, knives, guns, firearms, rifles, shotguns, brass
29 knuckles, billy clubs, or "look-alikes" thereof. Such items
30 as baseball bats, pipes, bottles, locks, sticks, pencils, and
31 pens may be considered weapons if used or attempted to be
32 used to cause bodily harm. Expulsion or suspension shall be
33 construed in a manner consistent with the Federal Individuals
34 with Disabilities Education Act. A student who is subject to
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1 suspension or expulsion as provided in this Section may be
2 eligible for a transfer to an alternative school program in
3 accordance with Article 13A of the School Code. The
4 provisions of this subsection (d) apply in all school
5 districts, including special charter districts and districts
6 organized under Article 34.
7 (e) To maintain order and security in the schools,
8 school authorities may inspect and search places and areas
9 such as lockers, desks, parking lots, and other school
10 property and equipment owned or controlled by the school, as
11 well as personal effects left in those places and areas by
12 students, without notice to or the consent of the student,
13 and without a search warrant. As a matter of public policy,
14 the General Assembly finds that students have no reasonable
15 expectation of privacy in these places and areas or in their
16 personal effects left in these places and areas. School
17 authorities may request the assistance of law enforcement
18 officials for the purpose of conducting inspections and
19 searches of lockers, desks, parking lots, and other school
20 property and equipment owned or controlled by the school for
21 illegal drugs, weapons, or other illegal or dangerous
22 substances or materials, including searches conducted through
23 the use of specially trained dogs. If a search conducted in
24 accordance with this Section produces evidence that the
25 student has violated or is violating either the law, local
26 ordinance, or the school's policies or rules, such evidence
27 may be seized by school authorities, and disciplinary action
28 may be taken. School authorities may also turn over such
29 evidence to law enforcement authorities. The provisions of
30 this subsection (e) apply in all school districts, including
31 special charter districts and districts organized under
32 Article 34.
33 (f) Suspension or expulsion may include suspension or
34 expulsion from school and all school activities and a
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1 prohibition from being present on school grounds.
2 (Source: P.A. 89-371, eff. 1-1-96; 89-610, eff. 8-6-96;
3 revised 9-9-96.)
4 (Text of Section after amendment by P.A. 89-507)
5 Sec. 10-22.6. Suspension or expulsion of pupils; school
6 searches.
7 (a) To expel pupils guilty of gross disobedience or
8 misconduct, and no action shall lie against them for such
9 expulsion. Expulsion shall take place only after the parents
10 have been requested to appear at a meeting of the board, or
11 with a hearing officer appointed by it, to discuss their
12 child's behavior. Such request shall be made by registered or
13 certified mail and shall state the time, place and purpose of
14 the meeting. The board, or a hearing officer appointed by it,
15 at such meeting shall state the reasons for dismissal and the
16 date on which the expulsion is to become effective. If a
17 hearing officer is appointed by the board he shall report to
18 the board a written summary of the evidence heard at the
19 meeting and the board may take such action thereon as it
20 finds appropriate.
21 (b) To suspend or by regulation to authorize the
22 superintendent of the district or the principal, assistant
23 principal, or dean of students of any school to suspend
24 pupils guilty of gross disobedience or misconduct, or to
25 suspend pupils guilty of gross disobedience or misconduct on
26 the school bus from riding the school bus, and no action
27 shall lie against them for such suspension. The board may by
28 regulation authorize the superintendent of the district or
29 the principal, assistant principal, or dean of students of
30 any school to suspend pupils guilty of such acts for a period
31 not to exceed 10 school days. If a pupil is suspended due to
32 gross disobedience or misconduct on a school bus, the board
33 may suspend the pupil in excess of 10 school days for safety
34 reasons. Any suspension shall be reported immediately to the
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1 parents or guardian of such pupil along with a full statement
2 of the reasons for such suspension and a notice of their
3 right to a review, a copy of which shall be given to the
4 school board. Upon request of the parents or guardian the
5 school board or a hearing officer appointed by it shall
6 review such action of the superintendent or principal,
7 assistant principal, or dean of students. At such review the
8 parents or guardian of the pupil may appear and discuss the
9 suspension with the board or its hearing officer. If a
10 hearing officer is appointed by the board he shall report to
11 the board a written summary of the evidence heard at the
12 meeting. After its hearing or upon receipt of the written
13 report of its hearing officer, the board may take such action
14 as it finds appropriate.
15 (c) The Department of Human Services shall be invited to
16 send a representative to consult with the board at such
17 meeting whenever there is evidence that mental illness may be
18 the cause for expulsion or suspension.
19 (d) The board may expel a student for a definite period
20 of time not to exceed 2 calendar years, as determined on a
21 case by case basis. A student who is determined to have
22 brought a weapon to school, any school-sponsored activity or
23 event, or any activity or event which bears a reasonable
24 relationship to school shall be expelled for a period of not
25 less than one year, except that the expulsion period may be
26 modified by the board on a case by case basis. For purposes
27 of this Section, the term "weapon" means possession, use,
28 control or transfer of any object which may be used to cause
29 bodily harm, including but not limited to a weapon as defined
30 by Section 921 of Title 18, United States Code, firearm as
31 defined in Section 1.1 of the Firearm Owners Identification
32 Act, use of weapon as defined in Section 24-1 of the Criminal
33 Code, knives, guns, firearms, rifles, shotguns, brass
34 knuckles, billy clubs, or "look-alikes" thereof. Such items
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1 as baseball bats, pipes, bottles, locks, sticks, pencils, and
2 pens may be considered weapons if used or attempted to be
3 used to cause bodily harm. Expulsion or suspension shall be
4 construed in a manner consistent with the Federal Individuals
5 with Disabilities Education Act. A student who is subject to
6 suspension or expulsion as provided in this Section may be
7 eligible for a transfer to an alternative school program in
8 accordance with Article 13A of the School Code. The
9 provisions of this subsection (d) apply in all school
10 districts, including special charter districts and districts
11 organized under Article 34.
12 (e) To maintain order and security in the schools,
13 school authorities may inspect and search places and areas
14 such as lockers, desks, parking lots, and other school
15 property and equipment owned or controlled by the school, as
16 well as personal effects left in those places and areas by
17 students, without notice to or the consent of the student,
18 and without a search warrant. As a matter of public policy,
19 the General Assembly finds that students have no reasonable
20 expectation of privacy in these places and areas or in their
21 personal effects left in these places and areas. School
22 authorities may request the assistance of law enforcement
23 officials for the purpose of conducting inspections and
24 searches of lockers, desks, parking lots, and other school
25 property and equipment owned or controlled by the school for
26 illegal drugs, weapons, or other illegal or dangerous
27 substances or materials, including searches conducted through
28 the use of specially trained dogs. If a search conducted in
29 accordance with this Section produces evidence that the
30 student has violated or is violating either the law, local
31 ordinance, or the school's policies or rules, such evidence
32 may be seized by school authorities, and disciplinary action
33 may be taken. School authorities may also turn over such
34 evidence to law enforcement authorities. The provisions of
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1 this subsection (e) apply in all school districts, including
2 special charter districts and districts organized under
3 Article 34.
4 (f) Suspension or expulsion may include suspension or
5 expulsion from school and all school activities and a
6 prohibition from being present on school grounds.
7 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
8 89-610, eff. 8-6-96; revised 9-9-96.)
9 (105 ILCS 5/10-22.23) (from Ch. 122, par. 10-22.23)
10 Sec. 10-22.23. School Nurse. To employ a registered
11 professional nurse and define the duties of the school nurse
12 within the guidelines of rules and regulations promulgated by
13 the State Board of Education. Any nurse first employed on or
14 after July 1, 1976 must be certificated under Section 21-25
15 of this Act. Effective July 1, 1997, a school board may
16 employ non-certificated registered professional nurses to
17 perform the following duties of a school nurse: (i) nursing
18 evaluation and care of the ill, injured, or infirmed,
19 including first aid care; (ii) screening for deficits in
20 vision, hearing, growth and development, immunization status
21 and other physical defects; (iii) administering and
22 monitoring medication and treatment given in the school; (iv)
23 collecting and analyzing health-related data; and (v)
24 maintaining accurate school health records. A school board
25 may not employ non-certificated nurses to perform any other
26 duties of a school nurse. The provisions of this Section and
27 any rules or regulations promulgated related to this Section
28 are not subject to waiver or modification under Section
29 2-3.25 g of the School Code.
30 (Source: P.A. 81-1508.)
31 (105 ILCS 5/10-22.23a) (from Ch. 122, par. 10-22.23a)
32 Sec. 10-22.23a. Chief school business official. To
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1 employ a chief school business official and define the duties
2 of the chief school business official. Any chief school
3 business official first employed on or after July 1, 1977
4 shall be certificated under either Section 21-7.1 or Section
5 21-5d. For the purposes of this Section, experience as a
6 school business official in an Illinois public school
7 district prior to July 1, 1977 shall be deemed the equivalent
8 of certification.
9 (Source: P.A. 82-387.)
10 (105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
11 Sec. 10-23.5. Educational support personnel employees.
12 To employ such educational support personnel employees as it
13 deems advisable and to define their employment duties;
14 provided that residency within any school district shall not
15 be considered in determining the employment or the
16 compensation of any such employee, or whether to retain,
17 promote, assign or transfer such employee. If an educational
18 support personnel employee is removed or dismissed as a
19 result of a decision of the school board to decrease the
20 number of educational support personnel employees employed by
21 the board or to discontinue some particular type of
22 educational support service, written notice shall be mailed
23 to the employee and also given the employee either by
24 certified mail, return receipt requested or personal delivery
25 with receipt at least 45 60 days before the end of the school
26 term, together with a statement of honorable dismissal and
27 the reason therefor. The employee with the shorter length of
28 continuing service with the district, within the respective
29 category of position, shall be dismissed first unless an
30 alternative method of determining the sequence of dismissal
31 is established in a collective bargaining agreement or
32 contract between the board and any exclusive bargaining agent
33 and except that this provision shall not impair the operation
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1 of any affirmative action program in the district, regardless
2 of whether it exists by operation of law or is conducted on a
3 voluntary basis by the board. If the board has any vacancies
4 for the following school term or within one calendar year
5 from the beginning of the following school term, the
6 positions thereby becoming available within a specific
7 category of position shall be tendered to the employees so
8 removed or dismissed from that category of position, so far
9 as they are qualified to hold such positions. Each board
10 shall, in consultation with any exclusive employee
11 representative or bargaining agent, each year establish a
12 list, categorized by positions, showing the length of
13 continuing service of each full time educational support
14 personnel employee who is qualified to hold any such
15 positions, unless an alternative method of determining a
16 sequence of dismissal is established as provided for in this
17 Section, in which case a list shall be made in accordance
18 with the alternative method. Copies of the list shall be
19 distributed to the exclusive employee representative or
20 bargaining agent on or before February 1 of each year. Where
21 an educational support personnel employee is dismissed by the
22 board as a result of a decrease in the number of employees or
23 the discontinuance of the employee's job, the employee shall
24 be paid all earned compensation on or before the third
25 business day following his or her last day of employment.
26 The provisions of this amendatory Act of 1986 relating to
27 residency within any school district shall not apply to
28 cities having a population exceeding 500,000 inhabitants.
29 (Source: P.A. 89-618, eff. 8-9-96.)
30 (105 ILCS 5/10-23.8) (from Ch. 122, par. 10-23.8)
31 Sec. 10-23.8. Superintendent under multi-year contract.
32 To employ a superintendent under a multi-year contract for a
33 period not exceeding 5 years. A multi-year contract No such
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1 contract can be offered or accepted for less than or more
2 than three years, except for a person serving as
3 superintendent for the first time in Illinois. In such case,
4 the initial contract shall be for a two year period. Such
5 contract may be discontinued at any time by mutual agreement
6 of the contracting parties and, or may be extended for an
7 additional 3 years at the end of any year.
8 The contract year is July 1 through the following June
9 30, unless the contract specifically provides otherwise.
10 Multi-year contracts may contain components that tie the
11 superintendent's compensation to improvements in student
12 performance or other measures that may be specified in the
13 contract. Notice of intent not to renew the contract must be
14 given by the board or by the superintendent by April 1 of the
15 year in which the contract expires, unless the contract
16 specifically provides otherwise. Failure to do so will
17 automatically extend the contract for 1 additional year. The
18 provisions of this paragraph shall not apply to a district
19 under a Financial Oversight Panel pursuant to Section 1A-8
20 for violating a financial plan.
21 Notice of intent not to renew a contract when given by a
22 board must be in writing, stating the specific reason
23 therefor. Within 10 days after receipt of such notice of
24 intent not to renew a contract, the superintendent may
25 request a closed session hearing on the dismissal. At the
26 hearing the superintendent has the privilege of presenting
27 evidence, witnesses and defenses on the grounds for
28 dismissal. The provisions of this paragraph shall not apply
29 to a district under a Financial Oversight Panel pursuant to
30 Section 1A-8 for violating a financial plan.
31 By accepting the terms of a multi-year contract, the
32 superintendent waives all rights granted him or her under
33 Sections 24-11 through 24-16 of this Act for the duration of
34 his or her employment as superintendent in the district.
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1 (Source: P.A. 89-572, eff. 7-30-96.)
2 (105 ILCS 5/10-23.8a) (from Ch. 122, par. 10-23.8a)
3 Sec. 10-23.8a. Principal and other administrators under
4 multi-year contract. To employ a principal or any other
5 administrator under a multi-year contract for a period not to
6 exceed 5 years. A multi-year No such contract can be offered
7 or accepted for less than or more than 3 years, except for a
8 person serving as principal for the first time in Illinois.
9 In such case, the initial contract shall be for a 2 year
10 period. Such contract may be discontinued at any time by
11 mutual agreement of the contracting parties and, or may be
12 extended for an additional 3 years at the end of any year.
13 The contract year is July 1 through the following June
14 30, unless the contract specifically provides otherwise.
15 Notice of intent not to renew the contract must be given by
16 the board or by the principal at least 90 days before the
17 contract expires. Failure to do so will automatically extend
18 the contract for 1 additional year. If offered by a school
19 board, each individual principal shall have the option to
20 accept or refuse a multi-year contract. The provisions of
21 this paragraph shall not apply to a district under a
22 Financial Oversight Panel pursuant to Section 1A-8 for
23 violating a financial plan.
24 By accepting the terms of a multi-year contract, the
25 principal or administrator waives all rights granted him or
26 her under Sections 24-11 through 24-16 of this Act for the
27 duration of his or her employment as principal or
28 administrator in the district.
29 (Source: P.A. 89-572, eff. 7-30-96.)
30 (105 ILCS 5/18-7) (from Ch. 122, par. 18-7)
31 Sec. 18-7. Payments for benefit of teacher retirement
32 systems.
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1 (a) In each fiscal year until fiscal year 1999, the
2 State Board of Education shall distribute to the Public
3 School Teachers' Pension and Retirement Fund of Chicago the
4 sum, if any, appropriated for that fiscal year from the
5 Common School Fund for the benefit of the Retirement Fund, in
6 the manner provided in this Section, the Illinois Pension
7 Code, the State Finance Act, and other applicable provisions
8 of law. In making this distribution, the State Board of
9 Education shall present vouchers to the State Comptroller on
10 the 10th and 20th days of each month beginning in August.
11 Each payment shall equal 1/24 of the annual amount
12 appropriated in the months of August through May and 1/12 of
13 the annual amount appropriated in June.
14 Vouchers submitted under this subsection shall be paid by
15 the State Comptroller and Treasurer by warrants drawn on
16 funds appropriated to the State Board of Education for that
17 purpose.
18 (b) The State Board of Education shall, in State fiscal
19 year 1995, pay to the Teachers' Retirement System of the
20 State of Illinois the amount appropriated for the required
21 State contribution to the System for that fiscal year. The
22 State Board of Education shall present vouchers to the State
23 Comptroller for this purpose on the 10th and 20th days of
24 each month of the fiscal year, other than the month of July.
25 Each payment in the months of August through May shall equal
26 1/24 of the amount appropriated for that fiscal year; each
27 payment in the month of June shall equal 1/12 of the amount
28 appropriated for that fiscal year.
29 Vouchers submitted under this subsection shall be paid by
30 the State Comptroller and Treasurer by warrants drawn on
31 funds appropriated to the State Board of Education for that
32 purpose.
33 (c) Beginning in State fiscal year 1996, the required
34 State contributions to the Teachers' Retirement System of the
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1 State of Illinois shall be appropriated directly to the
2 System and paid on vouchers submitted by the board of
3 trustees of the retirement system, as provided in Section
4 16-158 of the Illinois Pension Code. These vouchers shall be
5 paid by the State Comptroller and Treasurer by warrants drawn
6 on funds appropriated to the retirement system for that
7 purpose.
8 (d) Beginning in State fiscal year 1999, the required
9 State contributions to the Public School Teachers' Pension
10 and Retirement Fund of Chicago shall be appropriated directly
11 to the Fund and paid on vouchers submitted by the Board of
12 Trustees of the Fund, as provided in Section 17-127 of the
13 Illinois Pension Code. These vouchers shall be paid by the
14 State Comptroller and Treasurer by warrants drawn on funds
15 appropriated to the retirement fund for that purpose.
16 (Source: P.A. 88-593, eff. 8-22-94.)
17 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
18 Sec. 18-8. Basis for apportionment of general State
19 financial aid and supplemental general State aid to the
20 common schools.
21 (A) General Provisions.
22 (1) The system of general State financial aid provided
23 for in this Section is designed to assure that, through a
24 combination of State financial aid and required local
25 resources, the financial support provided each pupil in
26 Average Daily Attendance equals or exceeds a prescribed per
27 pupil Foundation Level. This formula approach imputes a
28 level of per pupil Available Local Resources and provides for
29 the basis to calculate a per pupil level of general State
30 financial aid that, when added to Available Local Resources,
31 equals or exceeds the Foundation Level. The amount of per
32 pupil general State financial aid for school districts, in
33 general, varies in inverse relation to Available Local
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1 Resources. Per pupil amounts are based upon each school
2 district's Average Daily Attendance as that term is defined
3 in this Section.
4 (2) In addition to general State financial aid, school
5 districts with specified levels or concentrations of pupils
6 from low income households are eligible to receive
7 supplemental general State financial aid grants as provided
8 pursuant to subsection (H). The supplemental State aid grants
9 provided for school districts under subsection (H) shall be
10 appropriated for distribution to school districts as part of
11 the same line item in which the general State financial aid
12 of school districts is appropriated under this Section.
13 (3) To receive financial assistance under this Section,
14 school districts are required to file claims with the State
15 Board of Education, subject to the following requirements:
16 (a) Any school district which fails for any given
17 school year to maintain school as required by law, or to
18 maintain a recognized school is not eligible to file for
19 such school year any claim upon the Common School Fund.
20 In case of nonrecognition of one or more attendance
21 centers in a school district otherwise operating
22 recognized schools, the claim of the district shall be
23 reduced in the proportion which the Average Daily
24 Attendance in the attendance center or centers bear to
25 the Average Daily Attendance in the school district. A
26 "recognized school" means any public school which meets
27 the standards as established for recognition by the State
28 Board of Education. A school district or attendance
29 center not having recognition status at the end of a
30 school term is entitled to receive State aid payments due
31 upon a legal claim which was filed while it was
32 recognized.
33 (b) School district claims filed under this Section
34 are subject to Sections 18-9, 18-10, and 18-12, except as
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1 otherwise provided in this Section.
2 (c) If a school district operates a full year
3 school under Section 10-19.1, the general State aid to
4 the school district shall be determined by the State
5 Board of Education in accordance with this Section as
6 near as may be applicable.
7 (d) Claims for financial assistance under this
8 Section shall not be recomputed except as expressly
9 provided under this Section.
10 (4) Except as provided in subsections (H) and (L), the
11 board of any district receiving any of the grants provided
12 for in this Section may apply those funds to any fund so
13 received for which that board is authorized to make
14 expenditures by law.
15 School districts are not required to exert a minimum
16 Operating Tax Rate in order to qualify for assistance under
17 this Section.
18 (5) As used in this Section the following terms, when
19 capitalized, shall have the meaning ascribed herein:
20 (a) "Average Daily Attendance": A count of pupil
21 attendance in school, averaged as provided for in
22 subsection (C) and utilized in deriving per pupil
23 financial support levels.
24 (b) "Available Local Resources": A computation of
25 local financial support, calculated on the basis Average
26 Daily Attendance and derived as provided pursuant to
27 subsection (D).
28 (c) "Corporate Personal Property Replacement
29 Taxes": Funds paid to local school districts pursuant to
30 "An Act in relation to the abolition of ad valorem
31 personal property tax and the replacement of revenues
32 lost thereby, and amending and repealing certain Acts and
33 parts of Acts in connection therewith", certified August
34 14, 1979, as amended (Public Act 81-1st S.S.-1).
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1 (d) "Foundation Level": A prescribed level of per
2 pupil financial support as provided for in subsection
3 (B).
4 (e) "Operating Tax Rate": All school district
5 property taxes extended for all purposes, except
6 community college educational purposes for the payment of
7 tuition under Section 6-1 of the Public Community College
8 Act, Bond and Interest, Summer School, Rent, Capital
9 Improvement, and Vocational Education Building purposes.
10 (B) Foundation Level.
11 (1) The Foundation Level is a figure established by the
12 State representing the minimum level of per pupil financial
13 support that should be available to provide for the basic
14 education of each pupil in Average Daily Attendance. As set
15 forth in this Section, each school district is assumed to
16 exert a sufficient local taxing effort such that, in
17 combination with the aggregate of general State financial aid
18 provided the district, an aggregate of State and local
19 resources are available to meet the basic education needs of
20 pupils in the district.
21 (2) For the 1997-1998 school year, the Foundation Level
22 of support is $4,200. For the 1998-1999 school year, the
23 Foundation Level of support is $4,300. For the 1999-2000
24 school year, the Foundation Level of support is $4,400. For
25 the 2000-2001 school year, the Foundation Level of support is
26 $4,500.
27 (3) For the 2001-2002 school year and each school year
28 thereafter, the Foundation Level of support is $4,500 or such
29 greater amount as may be established by law by the General
30 Assembly.
31 (C) Average Daily Attendance.
32 (1) For purposes of calculating general State aid
33 pursuant to subsection (E), an Average Daily Attendance
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1 figure shall be utilized. The Average Daily Attendance
2 figure for formula calculation purposes shall be the monthly
3 average of the actual number of pupils in attendance of each
4 school district, as further averaged for the best 3 months of
5 pupil attendance for each school district. In compiling the
6 figures for the number of pupils in attendance, school
7 districts and the State Board of Education shall, for
8 purposes of general State aid funding, conform attendance
9 figures to the requirements of subsection (F).
10 (2) The Average Daily Attendance figures utilized in
11 subsection (E) shall be the requisite attendance data for the
12 school year immediately preceding the school year for which
13 general State aid is being calculated, except that a district
14 with a best 3 months Average Daily Attendance figure lower
15 than that of the same Average Daily Attendance for the
16 preceding school year, when such preceding year Average Daily
17 Attendance is calculated on an unweighted basis, shall be
18 entitled to have its general State aid based upon the
19 unweighted best 3 months Average Daily Attendance figure that
20 is an average of the 3 school years preceding the year for
21 which general State aid is being calculated, if that produces
22 a greater amount.
23 (D) Available Local Resources.
24 (1) For purposes of calculating general State aid
25 pursuant to subsection (E), a representation of Available
26 Local Resources per pupil, as that term is defined and
27 determined in this subsection, shall be utilized. Available
28 Local Resources per pupil shall include a calculated dollar
29 amount representing local school district revenues from local
30 property taxes and from Corporate Personal Property
31 Replacement Taxes, expressed on the basis of pupils in
32 Average Daily Attendance.
33 (2) In determining a school district's revenue from
34 local property taxes, the State Board of Education shall
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1 utilize the equalized assessed valuation of all taxable
2 property of each school district as of September 30 of the
3 previous year. The equalized assessed valuation utilized
4 shall be obtained and determined as provided in subsection
5 (G).
6 (3) For school districts maintaining grades kindergarten
7 through 12, local property tax revenues per pupil shall be
8 calculated as the product of the applicable equalized
9 assessed valuation for the district multiplied by 3.00%, and
10 divided by the district's Average Daily Attendance figure.
11 For school districts maintaining grades kindergarten through
12 8, local property tax revenues per pupil shall be calculated
13 as the product of the applicable equalized assessed valuation
14 for the district multiplied by 2.20%, and divided by the
15 district's Average Daily Attendance figure. For school
16 districts maintaining grades 9 through 12, local property tax
17 revenues per pupil shall be the applicable equalized assessed
18 valuation of the district multiplied by 1.10%, and divided by
19 the district's Average Daily Attendance figure.
20 (4) The Corporate Personal Property Replacement Taxes
21 paid to each school district during the calendar year 2 years
22 before the calendar year in which a school year begins,
23 divided by the Average Daily Attendance figure for that
24 district, shall be added to the local property tax revenues
25 per pupil as derived by the application of the immediately
26 preceding paragraph (3). The sum of these per pupil figures
27 for each school district shall constitute Available Local
28 Resources as that term is utilized in subsection (E) in the
29 calculation of general State aid.
30 (E) Computation of General State Aid.
31 (1) For each school year, the amount of general State
32 aid allotted to a school district shall be computed by the
33 State Board of Education as provided in this subsection.
34 (2) For any school district for which Available Local
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1 Resources per pupil is less than the product of 0.93 times
2 the Foundation Level, general State aid for that district
3 shall be calculated as an amount equal to the Foundation
4 Level minus Available Local Resources, multiplied by the
5 Average Daily Attendance of the school district.
6 (3) For any school district for which Available Local
7 Resources per pupil is equal to or greater than the product
8 of 0.93 times the Foundation Level and less than the product
9 of 1.75 times the Foundation Level, the general State aid per
10 pupil shall be a decimal proportion of the Foundation Level
11 derived using a linear algorithm. Under this linear
12 algorithm, the calculated general State aid per pupil shall
13 decline in direct linear fashion from 0.07 times the
14 Foundation Level for a school district with Available Local
15 Resources equal to the product of 0.93 times the Foundation
16 Level, to 0.05 times the Foundation Level for a school
17 district with Available Local Resources equal to the product
18 of 1.75 times the Foundation Level. The allocation of
19 general State aid for school districts subject to this
20 paragraph 3 shall be the calculated general State aid per
21 pupil figure multiplied by the Average Daily Attendance of
22 the school district.
23 (4) For any school district for which Available Local
24 Resources per pupil equals or exceeds the product of 1.75
25 times the Foundation Level, the general State aid for the
26 school district shall be calculated as the product of $214
27 multiplied by the Average Daily Attendance of the school
28 district.
29 (F) Compilation of Average Daily Attendance.
30 (1) Each school district shall, by July 1 of each year,
31 submit to the State Board of Education, on forms prescribed
32 by the State Board of Education, attendance figures for the
33 school year that began in the preceding calendar year. The
34 attendance information so transmitted shall identify the
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1 average daily attendance figures for each month of the school
2 year, except that any days of attendance in August shall be
3 added to the month of September and any days of attendance in
4 June shall be added to the month of May.
5 Except as otherwise provided in this Section, days of
6 attendance by pupils shall be counted only for sessions of
7 not less than 5 clock hours of school work per day under
8 direct supervision of: (i) teachers, or (ii) non-teaching
9 personnel or volunteer personnel when engaging in
10 non-teaching duties and supervising in those instances
11 specified in subsection (a) of Section 10-22.34 and paragraph
12 10 of Section 34-18, with pupils of legal school age and in
13 kindergarten and grades 1 through 12.
14 Days of attendance by tuition pupils shall be accredited
15 only to the districts that pay the tuition to a recognized
16 school.
17 (2) Days of attendance by pupils of less than 5 clock
18 hours of school shall be subject to the following provisions
19 in the compilation of Average Daily Attendance.
20 (a) Pupils regularly enrolled in a public school
21 for only a part of the school day may be counted on the
22 basis of 1/6 day for every class hour of instruction of
23 40 minutes or more attended pursuant to such enrollment.
24 (b) Days of attendance may be less than 5 clock
25 hours on the opening and closing of the school term, and
26 upon the first day of pupil attendance, if preceded by a
27 day or days utilized as an institute or teachers'
28 workshop.
29 (c) A session of 4 or more clock hours may be
30 counted as a day of attendance upon certification by the
31 regional superintendent, and approved by the State
32 Superintendent of Education to the extent that the
33 district has been forced to use daily multiple sessions.
34 (d) A session of 3 or more clock hours may be
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1 counted as a day of attendance (1) when the remainder of
2 the school day or at least 2 hours in the evening of that
3 day is utilized for an in-service training program for
4 teachers, up to a maximum of 5 days per school year of
5 which a maximum of 4 days of such 5 days may be used for
6 parent-teacher conferences, provided a district conducts
7 an in-service training program for teachers which has
8 been approved by the State Superintendent of Education;
9 or, in lieu of 4 such days, 2 full days may be used, in
10 which event each such day may be counted as a day of
11 attendance; and (2) when days in addition to those
12 provided in item (1) are scheduled by a school pursuant
13 to its school improvement plan adopted under Article 34
14 or its revised or amended school improvement plan adopted
15 under Article 2, provided that (i) such sessions of 3 or
16 more clock hours are scheduled to occur at regular
17 intervals, (ii) the remainder of the school days in which
18 such sessions occur are utilized for in-service training
19 programs or other staff development activities for
20 teachers, and (iii) a sufficient number of minutes of
21 school work under the direct supervision of teachers are
22 added to the school days between such regularly scheduled
23 sessions to accumulate not less than the number of
24 minutes by which such sessions of 3 or more clock hours
25 fall short of 5 clock hours. Any full days used for the
26 purposes of this paragraph shall not be considered for
27 computing average daily attendance. Days scheduled for
28 in-service training programs, staff development
29 activities, or parent-teacher conferences may be
30 scheduled separately for different grade levels and
31 different attendance centers of the district.
32 (e) A session of not less than one clock hour
33 teaching of hospitalized or homebound pupils on-site or
34 by telephone to the classroom may be counted as 1/2 day
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1 of attendance, however these pupils must receive 4 or
2 more clock hours of instruction to be counted for a full
3 day of attendance.
4 (f) A session of at least 4 clock hours may be
5 counted as a day of attendance for first grade pupils,
6 and pupils in full day kindergartens, and a session of 2
7 or more hours may be counted as 1/2 day of attendance by
8 pupils in kindergartens which provide only 1/2 day of
9 attendance.
10 (g) For children with disabilities who are below
11 the age of 6 years and who cannot attend 2 or more clock
12 hours because of their disability or immaturity, a
13 session of not less than one clock hour may be counted as
14 1/2 day of attendance; however for such children whose
15 educational needs so require a session of 4 or more clock
16 hours may be counted as a full day of attendance.
17 (h) A recognized kindergarten which provides for
18 only 1/2 day of attendance by each pupil shall not have
19 more than 1/2 day of attendance counted in any 1 day.
20 However, kindergartens may count 2 1/2 days of attendance
21 in any 5 consecutive school days. When a pupil attends
22 such a kindergarten for 2 half days on any one school
23 day, the pupil shall have the following day as a day
24 absent from school, unless the school district obtains
25 permission in writing from the State Superintendent of
26 Education. Attendance at kindergartens which provide for
27 a full day of attendance by each pupil shall be counted
28 the same as attendance by first grade pupils. Only the
29 first year of attendance in one kindergarten shall be
30 counted, except in case of children who entered the
31 kindergarten in their fifth year whose educational
32 development requires a second year of kindergarten as
33 determined under the rules and regulations of the State
34 Board of Education.
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1 (G) Equalized Assessed Valuation Data.
2 (1) For purposes of the calculation of Available Local
3 Resources required pursuant to subsection (D), the State
4 Board of Education shall secure from the Department of
5 Revenue the value as equalized or assessed by the Department
6 of Revenue of all taxable property of every school district
7 together with the applicable tax rate used in extending taxes
8 for the funds of the district as of September 30 of the
9 previous year.
10 This equalized assessed valuation, as adjusted further by
11 the requirements of this subsection, shall be utilized in the
12 calculation of Available Local Resources.
13 (2) The equalized assessed valuation in paragraph (1)
14 shall be adjusted, as applicable, in the following manner:
15 (a) The Department of Revenue shall add to the
16 equalized assessed value of all taxable property of each
17 school district situated entirely or partially within a
18 county with 3,000,000 or more inhabitants an amount equal
19 to the total amount by which the homestead exemptions
20 allowed under Sections 15-170 and 15-175 of the Property
21 Tax Code for real property situated in that school
22 district exceeds the total amount that would have been
23 allowed in that school district as homestead exemptions
24 under those Sections if the maximum reduction under
25 Section 15-170 of the Property Tax Code was $2,500 and
26 the maximum reduction under Section 15-175 of the
27 Property Tax Code was $4,500. The county clerk of any
28 county with 3,000,000 or more inhabitants shall annually
29 calculate and certify to the Department for each school
30 district all homestead exemption amounts required by
31 Public Act 87-894. In a new district which has not had
32 any tax rates yet determined for extension of taxes, a
33 leveled uniform rate shall be computed from the latest
34 amount of the fund taxes extended on the several areas
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1 within the new district.
2 (b) For the purposes of calculating State aid under
3 this Section, with respect to any part of a school
4 district within a redevelopment project area in respect
5 to which a municipality has adopted tax increment
6 allocation financing pursuant to the Tax Increment
7 Allocation Redevelopment Act, Sections 11-74.4-1 through
8 11-74.4-11 of the Illinois Municipal Code or the
9 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
10 11-74.6-50 of the Illinois Municipal Code, no part of the
11 current equalized assessed valuation of real property
12 located in any such project area which is attributable to
13 an increase above the total initial equalized assessed
14 valuation of such property shall be used as part of the
15 equalized assessed valuation of the district, until such
16 time as all redevelopment project costs have been paid,
17 as provided in Section 11-74.4-8 of the Tax Increment
18 Allocation Redevelopment Act or in Section 11-74.6-35 of
19 the Industrial Jobs Recovery Law. For the purpose of the
20 equalized assessed valuation of the district, the total
21 initial equalized assessed valuation or the current
22 equalized assessed valuation, whichever is lower, shall
23 be used until such time as all redevelopment project
24 costs have been paid.
25 (c) The real property equalized assessed valuation
26 for a school district shall be adjusted by subtracting
27 from the real property value as equalized or assessed by
28 the Department of Revenue for the district an amount
29 computed by dividing the amount of any abatement of taxes
30 under Section 18-170 of the Property Tax Code by 3.00%
31 for a district maintaining grades kindergarten through 12
32 or by 2.20% for a district maintaining grades
33 kindergarten through 8, or by 1.10% for a district
34 maintaining grades 9 through 12 and adjusted by an amount
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1 computed by dividing the amount of any abatement of taxes
2 under subsection (a) of Section 18-165 of the Property
3 Tax Code by the same percentage rates for district type
4 as specified in this subparagraph (c).
5 (H) Supplemental General State Aid.
6 (1) In addition to the general State aid a school
7 district is allotted pursuant to subsection (E), qualifying
8 school districts shall receive a grant, paid in conjunction
9 with a district's payments of general State aid, for
10 supplemental general State aid based upon the concentration
11 level of children from low-income households within the
12 school district. Supplemental State aid grants provided for
13 school districts under this subsection shall be appropriated
14 for distribution to school districts as part of the same line
15 item in which the general State financial aid of school
16 districts is appropriated under this Section. For purposes of
17 this subsection, the term "Low-Income Concentration Level"
18 shall be the low-income eligible pupil count from the most
19 recently available federal census divided by the Average
20 Daily Attendance of the school district.
21 (2) Supplemental general State aid pursuant to this
22 subsection shall be provided as follows:
23 (a) For any school district with a Low Income
24 Concentration Level of at least 20% and less than 35%,
25 the grant for any school year shall be $800 multiplied by
26 the low income eligible pupil count.
27 (b) For any school district with a Low Income
28 Concentration Level of at least 35% and less than 50%,
29 the grant for the 1997-1998 school year shall be $1,100
30 multiplied by the low income eligible pupil count.
31 (c) For any school district with a Low Income
32 Concentration Level of at least 50% and less than 60%,
33 the grant for the 1997-98 school year shall be $1,500
34 multiplied by the low income eligible pupil count.
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1 (d) For any school district with a Low Income
2 Concentration Level of 60% or more, the grant for the
3 1997-98 school year shall be $1,900 multiplied by the low
4 income eligible pupil count.
5 (e) For the 1998-1999 school year, the per pupil
6 amount specified in subparagraphs (b), (c), and (d),
7 immediately above shall be increased by $100 to $1,200,
8 $1,600, and $2,000, respectively.
9 (f) For each school year after the 1998-1999 school
10 year, the per pupil amounts specified in subparagraph (e)
11 immediately above shall be increased by the same
12 percentage as the percentage increase, if any, in the
13 Foundation Level as provided under subsection (B).
14 (3) School districts with an Average Daily Attendance of
15 more than 1,000 and less than 50,000 that qualify for
16 supplemental general State aid pursuant to this subsection
17 shall submit a plan to the State Board of Education prior to
18 October 30 of each year for the use of the funds resulting
19 from this grant of supplemental general State aid for the
20 improvement of instruction in which priority is given to
21 meeting the education needs of disadvantaged children. Such
22 plan shall be submitted in accordance with rules and
23 regulations promulgated by the State Board of Education.
24 (4) School districts with an Average Daily Attendance of
25 50,000 or more that qualify for supplemental general State
26 aid pursuant to this subsection shall be required to
27 distribute from funds available pursuant to this Section, no
28 less than $261,000,000 in accordance with the following
29 requirements:
30 (a) The required amounts shall be distributed to
31 the attendance centers within the district in proportion
32 to the number of pupils enrolled at each attendance
33 center who are eligible to receive free or reduced-price
34 lunches or breakfasts under the federal Child Nutrition
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1 Act of 1966 and under the National School Lunch Act
2 during the immediately preceding school year.
3 (b) The distribution of these portions of
4 supplemental and general State aid among attendance
5 centers according to these requirements shall not be
6 compensated for or contravened by adjustments of the
7 total of other funds appropriated to any attendance
8 centers, and the Board of Education shall utilize funding
9 from one or several sources in order to fully implement
10 this provision annually prior to the opening of school.
11 (c) Each attendance center shall be provided by the
12 school district a distribution of noncategorical funds
13 and other categorical funds to which an attendance center
14 is entitled under law in order that the general State aid
15 and supplemental general State aid provided by
16 application of this subsection supplements rather than
17 supplants the noncategorical funds and other categorical
18 funds provided by the school district to the attendance
19 centers.
20 (d) Any funds made available under this subsection
21 that by reason of the provisions of this subsection are
22 not required to be allocated and provided to attendance
23 centers may be used and appropriated by the board of the
24 district for any lawful school purpose.
25 (e) Funds received by an attendance center pursuant
26 to this subsection shall be used by the attendance center
27 at the discretion of the principal and local school
28 council for programs to improve educational opportunities
29 at qualifying schools through the following programs and
30 services: early childhood education, reduced class size
31 or improved adult to student classroom ratio, enrichment
32 programs, remedial assistance, attendance improvement and
33 other educationally beneficial expenditures which
34 supplement the regular and basic programs as determined
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1 by the State Board of Education. Funds provided shall
2 not be expended for any political or lobbying purposes as
3 defined by board rule.
4 (f) Each district subject to the provisions of this
5 subdivision (H)(4) shall submit an acceptable plan to
6 meet the educational needs of disadvantaged children, in
7 compliance with the requirements of this paragraph, to
8 the State Board of Education prior to July 15 of each
9 year. This plan shall be consistent with the decisions of
10 local school councils concerning the school expenditure
11 plans developed in accordance with part 4 of Section
12 34-2.3. The State Board shall approve or reject the plan
13 within 60 days after its submission. If the plan is
14 rejected, the district shall give written notice of
15 intent to modify the plan within 15 days of the
16 notification of rejection and then submit a modified plan
17 within 30 days after the date of the written notice of
18 intent to modify. Districts may amend approved plans
19 pursuant to rules promulgated by the State Board of
20 Education.
21 Upon notification by the State Board of Education
22 that the district has not submitted a plan prior to July
23 15 or a modified plan within the time period specified
24 herein, the State aid funds affected by that plan or
25 modified plan shall be withheld by the State Board of
26 Education until a plan or modified plan is submitted.
27 If the district fails to distribute State aid to
28 attendance centers in accordance with an approved plan,
29 the plan for the following year shall allocate funds, in
30 addition to the funds otherwise required by this
31 subsection, to those attendance centers which were
32 underfunded during the previous year in amounts equal to
33 such underfunding.
34 For purposes of determining compliance with this
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1 subsection in relation to the requirements of attendance
2 center funding, each district subject to the provisions
3 of this subsection shall submit as a separate document by
4 December 1 of each year a report of expenditure data for
5 the prior year in addition to any modification of its
6 current plan. If it is determined that there has been a
7 failure to comply with the expenditure provisions of this
8 subsection regarding contravention or supplanting, the
9 State Superintendent of Education shall, within 60 days
10 of receipt of the report, notify the district and any
11 affected local school council. The district shall within
12 45 days of receipt of that notification inform the State
13 Superintendent of Education of the remedial or corrective
14 action to be taken, whether by amendment of the current
15 plan, if feasible, or by adjustment in the plan for the
16 following year. Failure to provide the expenditure
17 report or the notification of remedial or corrective
18 action in a timely manner shall result in a withholding
19 of the affected funds.
20 The State Board of Education shall promulgate rules
21 and regulations to implement the provisions of this
22 subsection. No funds shall be released under this
23 subdivision (H)(4) to any district that has not submitted
24 a plan that has been approved by the State Board of
25 Education.
26 (I) General State Aid for Newly Configured School Districts.
27 (1) For a new school district formed by combining
28 property included totally within 2 or more previously
29 existing school districts, for its first year of existence
30 the general State aid and supplemental general State aid
31 calculated under this Section shall be computed for the new
32 district and for the previously existing districts for which
33 property is totally included within the new district. If the
34 computation on the basis of the previously existing districts
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1 is greater, a supplementary payment equal to the difference
2 shall be made for the first 4 years of existence of the new
3 district.
4 (2) For a school district which annexes all of the
5 territory of one or more entire other school districts, for
6 the first year during which the change of boundaries
7 attributable to such annexation becomes effective for all
8 purposes as determined under Section 7-9 or 7A-8, the general
9 State aid and supplemental general State aid calculated under
10 this Section shall be computed for the annexing district as
11 constituted after the annexation and for the annexing and
12 each annexed district as constituted prior to the annexation;
13 and if the computation on the basis of the annexing and
14 annexed districts as constituted prior to the annexation is
15 greater, a supplementary payment equal to the difference
16 shall be made for the first 4 years of existence of the
17 annexing school district as constituted upon such annexation.
18 (3) For 2 or more school districts which annex all of
19 the territory of one or more entire other school districts,
20 and for 2 or more community unit districts which result upon
21 the division (pursuant to petition under Section 11A-2) of
22 one or more other unit school districts into 2 or more parts
23 and which together include all of the parts into which such
24 other unit school district or districts are so divided, for
25 the first year during which the change of boundaries
26 attributable to such annexation or division becomes effective
27 for all purposes as determined under Section 7-9 or 11A-10,
28 as the case may be, the general State aid and supplemental
29 general State aid calculated under this Section shall be
30 computed for each annexing or resulting district as
31 constituted after the annexation or division and for each
32 annexing and annexed district, or for each resulting and
33 divided district, as constituted prior to the annexation or
34 division; and if the aggregate of the general State aid and
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1 supplemental general State aid as so computed for the
2 annexing or resulting districts as constituted after the
3 annexation or division is less than the aggregate of the
4 general State aid and supplemental general State aid as so
5 computed for the annexing and annexed districts, or for the
6 resulting and divided districts, as constituted prior to the
7 annexation or division, then a supplementary payment equal to
8 the difference shall be made and allocated between or among
9 the annexing or resulting districts, as constituted upon such
10 annexation or division, for the first 4 years of their
11 existence. The total difference payment shall be allocated
12 between or among the annexing or resulting districts in the
13 same ratio as the pupil enrollment from that portion of the
14 annexed or divided district or districts which is annexed to
15 or included in each such annexing or resulting district bears
16 to the total pupil enrollment from the entire annexed or
17 divided district or districts, as such pupil enrollment is
18 determined for the school year last ending prior to the date
19 when the change of boundaries attributable to the annexation
20 or division becomes effective for all purposes. The amount
21 of the total difference payment and the amount thereof to be
22 allocated to the annexing or resulting districts shall be
23 computed by the State Board of Education on the basis of
24 pupil enrollment and other data which shall be certified to
25 the State Board of Education, on forms which it shall provide
26 for that purpose, by the regional superintendent of schools
27 for each educational service region in which the annexing and
28 annexed districts, or resulting and divided districts are
29 located.
30 (4) Any supplementary payment made under this subsection
31 (I) shall be treated as separate from all other payments made
32 pursuant to this Section.
33 (J) Supplementary Grants in Aid.
34 (1) Notwithstanding any other provisions of this
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1 Section, the amount of the aggregate general State aid in
2 combination with supplemental general State aid under this
3 Section, as revised under this amendatory Act of 1997, for
4 which each school district is eligible for the 1997-1998
5 school year shall be no less than the amount of the aggregate
6 general State aid entitlement that was received by the
7 district under this Section for the 1996-97 school year,
8 pursuant to the provisions of this Section as it was then in
9 effect. If a school district qualifies to receive a
10 supplementary payment made under this subsection (J) for the
11 1997-1998 school year, the amount of the aggregate general
12 State aid in combination with supplemental general State aid
13 under this Section, as revised under this amendatory Act of
14 1997, which that district is eligible to receive for each
15 school year subsequent to the 1997-1998 school year shall be
16 no less than the amount of the aggregate general State aid
17 entitlement that was received by the district under this
18 Section for the 1996-1997 school year, pursuant to the
19 provisions of this Section as it was then in effect.
20 (2) If, as provided in paragraph (1) of this subsection
21 (J), a school district is to receive aggregate general State
22 aid in combination with supplemental general State aid under
23 this Section for the 1997-98 school year, or for the 1997-98
24 school year and any subsequent school year, that in any such
25 school year is less than the amount of the aggregate general
26 State aid entitlement that the district received for the
27 1996-97 school year, the school district shall also receive,
28 from a separate appropriation made for purposes of this
29 subsection (J), a supplementary payment that is equal to the
30 amount of the difference in the aggregate State aid figures
31 as described in paragraph (1).
32 (3) If the amount appropriated for supplementary
33 payments to school districts under this subsection (J) is
34 insufficient for that purpose, the supplementary payments
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1 that districts are to receive under this subsection shall be
2 prorated according to the aggregate amount of the
3 appropriation made for purposes of this subsection.
4 (K) Grants to Laboratory and Alternative Schools.
5 In calculating the amount to be paid to the governing
6 board of a public university that operates a laboratory
7 school under this Section or to any alternative school that
8 is operated by a regional superintendent, the State Board of
9 Education shall require by rule such reporting requirements
10 as it deems necessary.
11 As used in this Section, "laboratory school" means a
12 public school which is created and operated by a public
13 university and approved by the State Board of Education. The
14 governing board of a public university which receives funds
15 from the State Board under this subsection (K) may not
16 increase the number of students enrolled in its laboratory
17 school from a single district, if that district is already
18 sending 50 or more students, except under a mutual agreement
19 between the school board of a student's district of residence
20 and the university which operates the laboratory school. A
21 laboratory school may not have more than 1,000 students,
22 excluding students with disabilities in a special education
23 program.
24 As used in this Section, "alternative school" means a
25 public school which is created and operated by a Regional
26 Superintendent of Schools and approved by the State Board of
27 Education. Such alternative schools may offer courses of
28 instruction for which credit is given in regular school
29 programs, courses to prepare students for the high school
30 equivalency testing program or vocational and occupational
31 training.
32 Each laboratory and alternative school shall file, on
33 forms provided by the State Superintendent of Education, an
34 annual State aid claim which states the Average Daily
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1 Attendance of the school's students by month. The best 3
2 months' Average Daily Attendance shall be computed for each
3 school. The Average Daily Attendance shall be computed and
4 the unweighted Average Daily Attendance for the school's most
5 recent 3-year average shall be compared to the most recent
6 Average Daily Attendance, and the greater of the 2 shall be
7 used for the calculation under this subsection (K). The
8 general State aid entitlement shall be computed by
9 multiplying the applicable Average Daily Attendance by the
10 Foundation Level as determined under this Section.
11 (L) Payments, Additional Grants in Aid and Other
12 Requirements.
13 (1) For a school district operating under the financial
14 supervision of an Authority created under Article 34A, the
15 general State aid otherwise payable to that district under
16 this Section, but not the supplemental general State aid,
17 shall be reduced by an amount equal to the budget for the
18 operations of the Authority as certified by the Authority to
19 the State Board of Education, and an amount equal to such
20 reduction shall be paid to the Authority created for such
21 district for its operating expenses in the manner provided in
22 Section 18-11. The remainder of general State school aid for
23 any such district shall be paid in accordance with Article
24 34A when that Article provides for a disposition other than
25 that provided by this Article.
26 (2) Impaction. Impaction payments shall be made as
27 provided for in Section 18-4.2.
28 (3) Summer school. Summer school payments shall be made
29 as provided in Section 18-4.3.
30 (M) Education Funding Advisory Board.
31 The Education Funding Advisory Board, hereinafter in this
32 subsection (M) referred to as the "Board", is hereby created.
33 The Board shall consist of 5 members who are appointed by the
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1 Governor, by and with the advice and consent of the Senate.
2 The members appointed shall include representatives of
3 education, business, and the general public. One of the
4 members so appointed shall be designated by the Governor at
5 the time the appointment is made as the chairperson of the
6 Board. The initial members of the Board may be appointed any
7 time after the effective date of this amendatory Act of 1997.
8 The regular term of each member of the Board shall be for 4
9 years from the third Monday of January of the year in which
10 the term of the member's appointment is to commence, except
11 that of the 5 initial members appointed to serve on the
12 Board, the member who is appointed as the chairperson shall
13 serve for a term that commences on the date of his or her
14 appointment and expires on the third Monday of January, 2002,
15 and the remaining 4 members, by lots drawn at the first
16 meeting of the Board that is held after all 5 members are
17 appointed, shall determine 2 of their number to serve for
18 terms that commence on the date of their respective
19 appointments and expire on the third Monday of January, 2001,
20 and 2 of their number to serve for terms that commence on the
21 date of their respective appointments and expire on the third
22 Monday of January, 2000. All members appointed to serve on
23 the Board shall serve until their respective successors are
24 appointed and confirmed. Vacancies shall be filled in the
25 same manner as original appointments. If a vacancy in
26 membership occurs at a time when the Senate is not in
27 session, the Governor shall make a temporary appointment
28 until the next meeting of the Senate, when he or she shall
29 appoint, by and with the advice and consent of the Senate, a
30 person to fill that membership for the unexpired term. If
31 the Senate is not in session when the initial appointments
32 are made, those appointments shall be made as in the case of
33 vacancies.
34 The Education Funding Advisory Board shall be deemed
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1 established, and the initial members appointed by the
2 Governor to serve as members of the Board shall take office,
3 on the date that the Governor makes his or her appointment of
4 the fifth initial member of the Board, whether those initial
5 members are then serving pursuant to appointment and
6 confirmation or pursuant to temporary appointments that are
7 made by the Governor as in the case of vacancies.
8 The State Board of Education shall provide such staff
9 assistance to the Education Funding Advisory Board as is
10 reasonably required for the proper performance by the Board
11 of its responsibilities.
12 For school years subsequent to the 2000-2001 school year,
13 the Education Funding Advisory Board, in consultation with
14 the State Board of Education, shall make recommendations as
15 provided in this subsection (M) to the General Assembly for
16 the foundation level under subdivision (B)(3) of this Section
17 and for the supplemental general State aid grant level under
18 subsection (H) of this Section for districts with high
19 concentrations of children from poverty. The recommended
20 foundation level shall be determined based on a methodology
21 which incorporates the basic education expenditures of
22 low-spending schools exhibiting high academic performance.
23 The Education Funding Advisory Board shall make such
24 recommendations to the General Assembly on January 1 of even
25 numbered years, beginning January 1, 2000.
26 (N) General State Aid Adjustment Grant.
27 (1) Any school district subject to property tax
28 extension limitations as imposed under the provisions of the
29 Property Tax Extension Limitation Law shall be entitled to
30 receive, subject to the qualifications and requirements of
31 this subsection, a general State aid adjustment grant.
32 Eligibility for this grant shall be determined on an annual
33 basis and claims for grant payments shall be paid subject to
34 appropriations made specific to this subsection. For
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1 purposes of this subsection the following terms shall have
2 the following meanings:
3 "Budget Year": The school year for which general State
4 aid is calculated and awarded under subsection (E).
5 "Current Year": The school year immediately preceding
6 the Budget Year.
7 "Base Tax Year": The property tax levy year used to
8 calculate the Budget Year allocation of general State aid.
9 "Preceding Tax Year": The property tax levy year
10 immediately preceding the Base Tax Year.
11 "Extension Limitation Ratio": A numerical ratio,
12 certified by a school district's County Clerk, in which the
13 numerator is the Base Tax Year's tax extension amount
14 resulting from the Operating Tax Rate and the denominator is
15 the Preceding Tax Year's tax extension amount resulting from
16 the Operating Tax Rate.
17 "Operating Tax Rate": The operating tax rate as defined
18 in subsection (A).
19 (2) To qualify for a general State aid adjustment grant,
20 a school district must meet all of the following eligibility
21 criteria for each Budget Year for which a grant is claimed:
22 (a) The Operating Tax Rate of the school district
23 in the Preceding Tax Year was at least 3.00% in the case
24 of a school district maintaining grades kindergarten
25 through 12, at least 2.20% in the case of a school
26 district maintaining grades kindergarten through 8, or at
27 least 1.41% in the case of a school district maintaining
28 grades 9 through 12.
29 (b) The Operating Tax Rate of the school district
30 for the Base Tax Year was reduced by the Clerk of the
31 County as a result of the requirements of the Property
32 Tax Extension Limitation Law.
33 (c) The Available Local Resources per pupil of the
34 school district as calculated pursuant to subsection (D)
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1 using the Base Tax Year are less than the product of 1.75
2 times the Foundation Level for the Budget Year.
3 (d) The school district has filed a proper and
4 timely claim for a general State aid adjustment grant as
5 required under this subsection.
6 (3) A claim for grant assistance under this subsection
7 shall be filed with the State Board of Education on or before
8 January 1 of the Current Year for a grant for the Budget
9 Year. The claim shall be made on forms prescribed by the
10 State Board of Education and must be accompanied by a written
11 statement from the Clerk of the County, certifying:
12 (a) That the school district has its extension for
13 the Base Tax Year reduced as a result of the Property Tax
14 Extension Limitation Law.
15 (b) That the Operating Tax Rate of the school
16 district for the Preceding Tax Year met the tax rate
17 requirements of subdivision (N)(2) of this Section.
18 (c) The Extension Limitation Ratio as that term is
19 defined in this subsection.
20 (4) On or before August 1 of the Budget Year the State
21 Board of Education shall calculate, for all school districts
22 meeting the other requirements of this subsection, the amount
23 of the general State aid adjustment grant, if any, that the
24 school districts are eligible to receive in the Budget Year.
25 The amount of the general State aid adjustment grant shall be
26 calculated as follows:
27 (a) Determine the school district's general State
28 aid grant for the Budget Year as provided in accordance
29 with the provisions of subsection (E).
30 (b) Determine the school district's adjusted level
31 of general State aid by utilizing in the calculation of
32 Available Local Resources an equalized assessed valuation
33 that is the equalized assessed valuation of the Preceding
34 Tax Year multiplied by the Extension Limitation Ratio.
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1 (c) Subtract the sum derived in subparagraph (a)
2 from the sum derived in subparagraph (b). If the result
3 is a positive number, that amount shall be the general
4 State aid adjustment grant that the district is eligible
5 to receive.
6 (5) The State Board of Education shall in the Current
7 Year, based upon claims filed in the Current Year, recommend
8 to the General Assembly an appropriation amount for the
9 general State aid adjustment grants to be made in the Budget
10 Year.
11 (6) Claims for general State aid adjustment grants shall
12 be paid in a lump sum on or before January 1 of the Budget
13 Year only from appropriations made by the General Assembly
14 expressly for claims under this subsection. No such claims
15 may be paid from amounts appropriated for any other purpose
16 provided for under this Section. In the event that the
17 appropriation for claims under this subsection is
18 insufficient to meet all Budget Year claims for a general
19 State aid adjustment grant, the appropriation available shall
20 be proportionately prorated by the State Board of Education
21 amongst all districts filing for and entitled to payments.
22 (7) The State Board of Education shall promulgate the
23 required claim forms and rules necessary to implement the
24 provisions of this subsection.
25 (O) References.
26 (1) References in other laws to the various subdivisions
27 of this Section as it existed before its reorganization by
28 this amendatory Act of 1997 shall be deemed to refer to the
29 corresponding provisions of this Section as amended and
30 reorganized by this amendatory Act of 1997, to the extent
31 that those references remain applicable.
32 (2) References in other laws to State Chapter 1 funds
33 shall be deemed to refer to the supplemental general State
34 aid provided under subsection (H) of this Section.
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1 Basis for apportionment to districts, laboratory schools
2 and alternative schools.
3 A. The amounts to be apportioned shall be determined for
4 each educational service region by school districts, as
5 follows:
6 1. General Provisions.
7 (a) In the computation of the amounts to be apportioned,
8 the average daily attendance of all pupils in grades 9
9 through 12 shall be multiplied by 1.25. The average daily
10 attendance of all pupils in grades 7 and 8 shall be
11 multiplied by 1.05.
12 (b) The actual number of pupils in average daily
13 attendance shall be computed in a one-teacher school district
14 by dividing the total aggregate days of pupil attendance by
15 the actual number of days school is in session but not more
16 than 30 such pupils shall be accredited for such type of
17 district; and in districts of 2 or more teachers, or in
18 districts where records of attendance are kept by session
19 teachers, by taking the sum of the respective averages of the
20 units composing the group.
21 (c) Pupils in average daily attendance shall be computed
22 upon the average of the best 3 months of pupils attendance of
23 the current school year except as district claims may be
24 later amended as provided hereinafter in this Section.
25 However, for any school district maintaining grades
26 kindergarten through 12, the "average daily attendance" shall
27 be computed on the average of the best 3 months of pupils
28 attendance of the current year in grades kindergarten through
29 8, added together with the average of the best 3 months of
30 pupils attendance of the current year in grades 9 through 12,
31 except as district claims may be later amended as provided in
32 this Section. Days of attendance shall be kept by regular
33 calendar months, except any days of attendance in August
34 shall be added to the month of September and any days of
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1 attendance in June shall be added to the month of May.
2 Except as otherwise provided in this Section, days of
3 attendance by pupils shall be counted only for sessions of
4 not less than 5 clock hours of school work per day under
5 direct supervision of: (i) teachers, or (ii) non-teaching
6 personnel or volunteer personnel when engaging in
7 non-teaching duties and supervising in those instances
8 specified in subsection (a) of Section 10-22.34 and paragraph
9 10 of Section 34-18, with pupils of legal school age and in
10 kindergarten and grades 1 through 12.
11 (d) Pupils regularly enrolled in a public school for
12 only a part of the school day may be counted on the basis of
13 1/6 day for every class hour of instruction of 40 minutes or
14 more attended pursuant to such enrollment.
15 (e) Days of attendance may be less than 5 clock hours on
16 the opening and closing of the school term, and upon the
17 first day of pupil attendance, if preceded by a day or days
18 utilized as an institute or teachers' workshop.
19 (f) A session of 4 or more clock hours may be counted as
20 a day of attendance upon certification by the regional
21 superintendent, and approved by the State Superintendent of
22 Education to the extent that the district has been forced to
23 use daily multiple sessions.
24 (g) A session of 3 or more clock hours may be counted as
25 a day of attendance (1) when the remainder of the school day
26 or at least 2 hours in the evening of that day is utilized
27 for an in-service training program for teachers, up to a
28 maximum of 5 days per school year of which a maximum of 4
29 days of such 5 days may be used for parent-teacher
30 conferences, provided a district conducts an in-service
31 training program for teachers which has been approved by the
32 State Superintendent of Education; or, in lieu of 4 such
33 days, 2 full days may be used, in which event each such day
34 may be counted as a day of attendance; and (2) when days in
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1 addition to those provided in item (1) are scheduled by a
2 school pursuant to its school improvement plan adopted under
3 Article 34 or its revised or amended school improvement plan
4 adopted under Article 2, provided that (i) such sessions of 3
5 or more clock hours are scheduled to occur at regular
6 intervals, (ii) the remainder of the school days in which
7 such sessions occur are utilized for in-service training
8 programs or other staff development activities for teachers,
9 and (iii) a sufficient number of minutes of school work under
10 the direct supervision of teachers are added to the school
11 days between such regularly scheduled sessions to accumulate
12 not less than the number of minutes by which such sessions of
13 3 or more clock hours fall short of 5 clock hours. Any full
14 days used for the purposes of this paragraph shall not be
15 considered for computing average daily attendance. Days
16 scheduled for in-service training programs, staff development
17 activities, or parent-teacher conferences may be scheduled
18 separately for different grade levels and different
19 attendance centers of the district.
20 (h) A session of not less than one clock hour teaching
21 of hospitalized or homebound pupils on-site or by telephone
22 to the classroom may be counted as 1/2 day of attendance,
23 however these pupils must receive 4 or more clock hours of
24 instruction to be counted for a full day of attendance.
25 (i) A session of at least 4 clock hours may be counted
26 as a day of attendance for first grade pupils, and pupils in
27 full day kindergartens, and a session of 2 or more hours may
28 be counted as 1/2 day of attendance by pupils in
29 kindergartens which provide only 1/2 day of attendance.
30 (j) For children with disabilities who are below the age
31 of 6 years and who cannot attend two or more clock hours
32 because of their disability or immaturity, a session of not
33 less than one clock hour may be counted as 1/2 day of
34 attendance; however for such children whose educational needs
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1 so require a session of 4 or more clock hours may be counted
2 as a full day of attendance.
3 (k) A recognized kindergarten which provides for only
4 1/2 day of attendance by each pupil shall not have more than
5 1/2 day of attendance counted in any 1 day. However,
6 kindergartens may count 2 1/2 days of attendance in any 5
7 consecutive school days. Where a pupil attends such a
8 kindergarten for 2 half days on any one school day, such
9 pupil shall have the following day as a day absent from
10 school, unless the school district obtains permission in
11 writing from the State Superintendent of Education.
12 Attendance at kindergartens which provide for a full day of
13 attendance by each pupil shall be counted the same as
14 attendance by first grade pupils. Only the first year of
15 attendance in one kindergarten shall be counted except in
16 case of children who entered the kindergarten in their fifth
17 year whose educational development requires a second year of
18 kindergarten as determined under the rules and regulations of
19 the State Board of Education.
20 (l) Days of attendance by tuition pupils shall be
21 accredited only to the districts that pay the tuition to a
22 recognized school.
23 (m) The greater of the immediately preceding year's
24 weighted average daily attendance or the average of the
25 weighted average daily attendance of the immediately
26 preceding year and the previous 2 years shall be used.
27 For any school year beginning July 1, 1986 or thereafter,
28 if the weighted average daily attendance in either grades
29 kindergarten through 8 or grades 9 through 12 of a district
30 as computed for the first calendar month of the current
31 school year exceeds by more than 5%, but not less than 25
32 pupils, the district's weighted average daily attendance for
33 the first calendar month of the immediately preceding year
34 in, respectively, grades kindergarten through 8 or grades 9
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1 through 12, a supplementary payment shall be made to the
2 district equal to the difference in the amount of aid the
3 district would be paid under this Section using the weighted
4 average daily attendance in the district as computed for the
5 first calendar month of the current school year and the
6 amount of aid the district would be paid using the weighted
7 average daily attendance in the district for the first
8 calendar month of the immediately preceding year. Such
9 supplementary State aid payment shall be paid to the district
10 as provided in Section 18-8.4 and shall be treated as
11 separate from all other payments made pursuant to this
12 Section 18-8.
13 (n) The number of low income eligible pupils in a
14 district shall result in an increase in the weighted average
15 daily attendance calculated as follows: The number of low
16 income pupils shall increase the weighted ADA by .53 for each
17 student adjusted by dividing the percent of low income
18 eligible pupils in the district by the ratio of eligible low
19 income pupils in the State to the best 3 months' weighted
20 average daily attendance in the State. In no case may the
21 adjustment under this paragraph result in a greater weighting
22 than .625 for each eligible low income student. The number
23 of low income eligible pupils in a district shall be the
24 low-income eligible count from the most recently available
25 federal census and the weighted average daily attendance
26 shall be calculated in accordance with the other provisions
27 of this paragraph.
28 (o) Any school district which fails for any given school
29 year to maintain school as required by law, or to maintain a
30 recognized school is not eligible to file for such school
31 year any claim upon the Common School Fund. In case of
32 nonrecognition of one or more attendance centers in a school
33 district otherwise operating recognized schools, the claim of
34 the district shall be reduced in the proportion which the
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1 average daily attendance in the attendance center or centers
2 bear to the average daily attendance in the school district.
3 A "recognized school" means any public school which meets the
4 standards as established for recognition by the State Board
5 of Education. A school district or attendance center not
6 having recognition status at the end of a school term is
7 entitled to receive State aid payments due upon a legal claim
8 which was filed while it was recognized.
9 (p) School district claims filed under this Section are
10 subject to Sections 18-9, 18-10 and 18-12, except as herein
11 otherwise provided.
12 (q) The State Board of Education shall secure from the
13 Department of Revenue the value as equalized or assessed by
14 the Department of Revenue of all taxable property of every
15 school district together with the applicable tax rate used in
16 extending taxes for the funds of the district as of September
17 30 of the previous year. The Department of Revenue shall add
18 to the equalized assessed value of all taxable property of
19 each school district situated entirely or partially within a
20 county with 2,000,000 or more inhabitants an amount equal to
21 the total amount by which the homestead exemptions allowed
22 under Sections 15-170 and 15-175 of the Property Tax Code for
23 real property situated in that school district exceeds the
24 total amount that would have been allowed in that school
25 district as homestead exemptions under those Sections if the
26 maximum reduction under Section 15-170 of the Property Tax
27 Code was $2,000 and the maximum reduction under Section
28 15-175 of the Property Tax Code was $3,500. The county clerk
29 of any county with 2,000,000 or more inhabitants shall
30 annually calculate and certify to the Department for each
31 school district all homestead exemption amounts required by
32 this amendatory Act of 1992. In a new district which has not
33 had any tax rates yet determined for extension of taxes, a
34 leveled uniform rate shall be computed from the latest amount
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1 of the fund taxes extended on the several areas within such
2 new district.
3 (r) If a school district operates a full year school
4 under Section 10-19.1, the general state aid to the school
5 district shall be determined by the State Board of Education
6 in accordance with this Section as near as may be applicable.
7 2. New or recomputed claim. The general State aid
8 entitlement for a newly created school district or a district
9 which has annexed an entire school district shall be computed
10 using attendance, compensatory pupil counts, equalized
11 assessed valuation, and tax rate data which would have been
12 used had the district been in existence for 3 years. General
13 State aid entitlements shall not be recomputed except as
14 permitted herein.
15 3. Impaction. Impaction payments shall be made as
16 provided for in Section 18-4.2.
17 4. Summer school. Summer school payments shall be made
18 as provided in Section 18-4.3.
19 5. Computation of State aid. The State grant shall be
20 determined as follows:
21 (a) The State shall guarantee the amount of money that a
22 district's operating tax rate as limited in other Sections of
23 this Act would produce if every district maintaining grades
24 kindergarten through 12 had an equalized assessed valuation
25 equal to $74,791 per weighted ADA pupil; every district
26 maintaining grades kindergarten through 8 had an equalized
27 assessed valuation of $108,644 per weighted ADA pupil; and
28 every district maintaining grades 9 through 12 had an
29 equalized assessed valuation of $187,657 per weighted ADA
30 pupil. The State Board of Education shall adjust the
31 equalized assessed valuation amounts stated in this
32 paragraph, if necessary, to conform to the amount of the
33 appropriation approved for any fiscal year.
34 (b) The operating tax rate to be used shall consist of
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1 all district taxes extended for all purposes except community
2 college educational purposes for the payment of tuition under
3 Section 6-1 of the Public Community College Act, Bond and
4 Interest, Summer School, Rent, Capital Improvement and
5 Vocational Education Building. Any district may elect to
6 exclude Transportation from the calculation of its operating
7 tax rate. Districts may include taxes extended for the
8 payment of principal and interest on bonds issued under the
9 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
10 per year for each purpose or the actual rate extended,
11 whichever is less.
12 (c) For calculation of aid under this Act a district
13 shall use the combined authorized tax rates of all funds not
14 exempt in (b) above, not to exceed 2.76% of the value of all
15 its taxable property as equalized or assessed by the
16 Department of Revenue for districts maintaining grades
17 kindergarten through 12; 1.90% of the value of all its
18 taxable property as equalized or assessed by the Department
19 of Revenue for districts maintaining grades kindergarten
20 through 8 only; 1.10% of the value of all its taxable
21 property as equalized or assessed by the Department of
22 Revenue for districts maintaining grades 9 through 12 only.
23 A district may, however, as provided in Article 17, increase
24 its operating tax rate above the maximum rate provided in
25 this subsection without affecting the amount of State aid to
26 which it is entitled under this Act.
27 (d) (1) For districts maintaining grades kindergarten
28 through 12 with an operating tax rate as described in
29 subsections 5(b) and (c) of less than 2.18%, and districts
30 maintaining grades kindergarten through 8 with an operating
31 tax rate of less than 1.28%, State aid shall be computed by
32 multiplying the difference between the guaranteed equalized
33 assessed valuation per weighted ADA pupil in subsection 5(a)
34 and the equalized assessed valuation per weighted ADA pupil
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1 in the district by the operating tax rate, multiplied by the
2 weighted average daily attendance of the district; provided,
3 however, that for the 1989-1990 school year only, a school
4 district maintaining grades kindergarten through 8 whose
5 operating tax rate with reference to which its general State
6 aid for the 1989-1990 school year is determined is less than
7 1.28% and more than 1.090%, and which had an operating tax
8 rate of 1.28% or more for the previous year, shall have its
9 general State aid computed according to the provisions of
10 subsection 5(d)(2).
11 (2) For districts maintaining grades kindergarten
12 through 12 with an operating tax rate as described in
13 subsection 5(b) and (c) of 2.18% and above, the State aid
14 shall be computed as provided in subsection (d) (1) but as
15 though the district had an operating tax rate of 2.76%; in
16 K-8 districts with an operating tax rate of 1.28% and above,
17 the State aid shall be computed as provided in subsection (d)
18 (1) but as though the district had an operating tax rate of
19 1.90%; and in 9-12 districts, the State aid shall be computed
20 by multiplying the difference between the guaranteed
21 equalized assessed valuation per weighted average daily
22 attendance pupil in subsection 5(a) and the equalized
23 assessed valuation per weighted average daily attendance
24 pupil in the district by the operating tax rate, not to
25 exceed 1.10%, multiplied by the weighted average daily
26 attendance of the district. State aid computed under the
27 provisions of this subsection (d) (2) shall be treated as
28 separate from all other payments made pursuant to this
29 Section. The State Comptroller and State Treasurer shall
30 transfer from the General Revenue Fund to the Common School
31 Fund the amounts necessary to permit these claims to be paid
32 in equal installments along with other State aid payments
33 remaining to be made for the 1983-1984 school year under this
34 Section.
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1 (3) For any school district whose 1995 equalized
2 assessed valuation is at least 6% less than its 1994
3 equalized assessed valuation as the result of a reduction in
4 the equalized assessed valuation of the taxable property
5 within such district of any one taxpayer whose taxable
6 property within the district has a 1994 equalized assessed
7 valuation constituting at least 20% of the 1994 equalized
8 assessed valuation of all taxable property within the
9 district, the 1996-97 State aid of such district shall be
10 computed using its 1995 equalized assessed valuation.
11 (4) For any school district whose 1988 equalized
12 assessed valuation is 55% or less of its 1981 equalized
13 assessed valuation, the 1990-91 State aid of such district
14 shall be computed by multiplying the 1988 equalized assessed
15 valuation by a factor of .8. Any such school district which
16 is reorganized effective for the 1991-92 school year shall
17 use the formula provided in this subparagraph for purposes of
18 the calculation made pursuant to subsection (m) of this
19 Section.
20 (e) The amount of State aid shall be computed under the
21 provisions of subsections 5(a) through 5(d) provided the
22 equalized assessed valuation per weighted ADA pupil is less
23 than .87 of the amounts in subsection 5(a). If the equalized
24 assessed valuation per weighted ADA pupil is equal to or
25 greater than .87 of the amounts in subsection 5(a), the State
26 aid shall be computed under the provisions of subsection
27 5(f).
28 (f) If the equalized assessed valuation per weighted ADA
29 pupil is equal to or greater than .87 of the amounts in
30 subsection 5(a), the State aid per weighted ADA pupil shall
31 be computed by multiplying the product of .13 times the
32 maximum per pupil amount computed under the provisions of
33 subsections 5(a) through 5(d) by an amount equal to the
34 quotient of .87 times the equalized assessed valuation per
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1 weighted ADA pupil in subsection 5(a) for that type of
2 district divided by the district equalized valuation per
3 weighted ADA pupil except in no case shall the district
4 receive State aid per weighted ADA pupil of less than .07
5 times the maximum per pupil amount computed under the
6 provisions of subsections 5(a) through 5(d).
7 (g) In addition to the above grants, summer school
8 grants shall be made based upon the calculation as provided
9 in subsection 4 of this Section.
10 (h) The board of any district receiving any of the
11 grants provided for in this Section may apply those funds to
12 any fund so received for which that board is authorized to
13 make expenditures by law.
14 (i) (1) (a) In school districts with an average daily
15 attendance of 50,000 or more, the amount which is provided
16 under subsection 1(n) of this Section by the application of a
17 base Chapter 1 weighting factor of .375 shall be distributed
18 to the attendance centers within the district in proportion
19 to the number of pupils enrolled at each attendance center
20 who are eligible to receive free or reduced-price lunches or
21 breakfasts under the federal Child Nutrition Act of 1966 and
22 under the National School Lunch Act during the immediately
23 preceding school year. The amount of State aid provided
24 under subsection 1(n) of this Section by the application of
25 the Chapter 1 weighting factor in excess of .375 shall be
26 distributed to the attendance centers within the district in
27 proportion to the total enrollment at each attendance center.
28 Beginning with school year 1989-90, and each school year
29 thereafter, all funds provided under subsection 1 (n) of this
30 Section by the application of the Chapter 1 weighting factor
31 which are in excess of the level of non-targeted Chapter 1
32 funds in school year 1988-89 shall be distributed to
33 attendance centers, and only to attendance centers, within
34 the district in proportion to the number of pupils enrolled
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1 at each attendance center who are eligible to receive free or
2 reduced price lunches or breakfasts under the Federal Child
3 Nutrition Act and under the National School Lunch Act during
4 the immediately preceding school year. Beginning in school
5 year 1989-90, 25% of the previously non-targeted Chapter 1
6 funds as established for school year 1988-89 shall also be
7 distributed to the attendance centers, and only to attendance
8 centers, in the district in proportion to the number of
9 pupils enrolled at each attendance center who are eligible to
10 receive free or reduced price lunches or breakfasts under the
11 Federal Child Nutrition Act and under the National School
12 Lunch Act during the immediately preceding school year; in
13 school year 1990-91, 50% of the previously non-targeted
14 Chapter 1 funds as established for school year 1988-89 shall
15 be distributed to attendance centers, and only to attendance
16 centers, in the district in proportion to the number of
17 pupils enrolled at each attendance center who are eligible to
18 receive such free or reduced price lunches or breakfasts
19 during the immediately preceding school year; in school year
20 1991-92, 75% of the previously non-targeted Chapter 1 funds
21 as established for school year 1988-89 shall be distributed
22 to attendance centers, and only to attendance centers, in the
23 district in proportion to the number of pupils enrolled at
24 each attendance center who are eligible to receive such free
25 or reduced price lunches or breakfasts during the immediately
26 preceding school year; in school year 1992-93 and thereafter,
27 all funds provided under subsection 1 (n) of this Section by
28 the application of the Chapter 1 weighting factor shall be
29 distributed to attendance centers, and only to attendance
30 centers, in the district in proportion to the number of
31 pupils enrolled at each attendance center who are eligible to
32 receive free or reduced price lunches or breakfasts under the
33 Federal Child Nutrition Act and under the National School
34 Lunch Act during the immediately preceding school year;
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1 provided, however, that the distribution formula in effect
2 beginning with school year 1989-90 shall not be applicable to
3 such portion of State aid provided under subsection 1 (n) of
4 this Section by the application of the Chapter 1 weighting
5 formula as is set aside and appropriated by the school
6 district for the purpose of providing desegregation programs
7 and related transportation to students (which portion shall
8 not exceed 5% of the total amount of State aid which is
9 provided under subsection 1 (n) of this Section by
10 application of the Chapter 1 weighting formula), and the
11 relevant percentages shall be applied to the remaining
12 portion of such State aid. The distribution of these
13 portions of general State aid among attendance centers
14 according to these requirements shall not be compensated for
15 or contravened by adjustments of the total of other funds
16 appropriated to any attendance centers. (b) The Board of
17 Education shall utilize funding from one or several sources
18 in order to fully implement this provision annually prior to
19 the opening of school. The Board of Education shall apply
20 savings from reduced administrative costs required under
21 Section 34-43.1 and growth in non-Chapter 1 State and local
22 funds to assure that all attendance centers receive funding
23 to replace losses due to redistribution of Chapter 1 funding.
24 The distribution formula and funding to replace losses due to
25 the distribution formula shall occur, in full, using any and
26 all sources available, including, if necessary, revenue from
27 administrative reductions beyond those required in Section
28 34-43.1, in order to provide the necessary funds. (c) Each
29 attendance center shall be provided by the school district a
30 distribution of noncategorical funds and other categorical
31 funds to which an attendance center is entitled under law in
32 order that the State aid provided by application of the
33 Chapter 1 weighting factor and required to be distributed
34 among attendance centers according to the requirements of
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1 this paragraph supplements rather than supplants the
2 noncategorical funds and other categorical funds provided by
3 the school district to the attendance centers.
4 Notwithstanding the foregoing provisions of this subsection
5 5(i)(1) or any other law to the contrary, beginning with the
6 1995-1996 school year and for each school year thereafter,
7 the board of a school district to which the provisions of
8 this subsection apply shall be required to allocate or
9 provide to attendance centers of the district in any such
10 school year, from the State aid provided for the district
11 under this Section by application of the Chapter 1 weighting
12 factor, an aggregate amount of not less than $261,000,000 of
13 State Chapter 1 funds. Any State Chapter 1 funds that by
14 reason of the provisions of this paragraph are not required
15 to be allocated and provided to attendance centers may be
16 used and appropriated by the board of the district for any
17 lawful school purpose. Chapter 1 funds received by an
18 attendance center (except those funds set aside for
19 desegregation programs and related transportation to
20 students) shall be used on the schedule cited in this Section
21 at the attendance center at the discretion of the principal
22 and local school council for programs to improve educational
23 opportunities at qualifying schools through the following
24 programs and services: early childhood education, reduced
25 class size or improved adult to student classroom ratio,
26 enrichment programs, remedial assistance, attendance
27 improvement and other educationally beneficial expenditures
28 which supplement the regular and basic programs as determined
29 by the State Board of Education. Chapter 1 funds shall not
30 be expended for any political or lobbying purposes as defined
31 by board rule. (d) Each district subject to the provisions of
32 this paragraph shall submit an acceptable plan to meet the
33 educational needs of disadvantaged children, in compliance
34 with the requirements of this paragraph, to the State Board
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1 of Education prior to July 15 of each year. This plan shall
2 be consistent with the decisions of local school councils
3 concerning the school expenditure plans developed in
4 accordance with part 4 of Section 34-2.3. The State Board
5 shall approve or reject the plan within 60 days after its
6 submission. If the plan is rejected the district shall give
7 written notice of intent to modify the plan within 15 days of
8 the notification of rejection and then submit a modified plan
9 within 30 days after the date of the written notice of intent
10 to modify. Districts may amend approved plans pursuant to
11 rules promulgated by the State Board of Education.
12 Upon notification by the State Board of Education that
13 the district has not submitted a plan prior to July 15 or a
14 modified plan within the time period specified herein, the
15 State aid funds affected by said plan or modified plan shall
16 be withheld by the State Board of Education until a plan or
17 modified plan is submitted.
18 If the district fails to distribute State aid to
19 attendance centers in accordance with an approved plan, the
20 plan for the following year shall allocate funds, in addition
21 to the funds otherwise required by this subparagraph, to
22 those attendance centers which were underfunded during the
23 previous year in amounts equal to such underfunding.
24 For purposes of determining compliance with this
25 subsection in relation to Chapter 1 expenditures, each
26 district subject to the provisions of this subsection shall
27 submit as a separate document by December 1 of each year a
28 report of Chapter 1 expenditure data for the prior year in
29 addition to any modification of its current plan. If it is
30 determined that there has been a failure to comply with the
31 expenditure provisions of this subsection regarding
32 contravention or supplanting, the State Superintendent of
33 Education shall, within 60 days of receipt of the report,
34 notify the district and any affected local school council.
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1 The district shall within 45 days of receipt of that
2 notification inform the State Superintendent of Education of
3 the remedial or corrective action to be taken, whether by
4 amendment of the current plan, if feasible, or by adjustment
5 in the plan for the following year. Failure to provide the
6 expenditure report or the notification of remedial or
7 corrective action in a timely manner shall result in a
8 withholding of the affected funds.
9 The State Board of Education shall promulgate rules and
10 regulations to implement the provisions of this subsection
11 5(i)(1). No funds shall be released under subsection 1(n) of
12 this Section or under this subsection 5(i)(1) to any district
13 which has not submitted a plan which has been approved by the
14 State Board of Education.
15 (2) School districts with an average daily attendance of
16 more than 1,000 and less than 50,000 and having a low income
17 pupil weighting factor in excess of .53 shall submit a plan
18 to the State Board of Education prior to October 30 of each
19 year for the use of the funds resulting from the application
20 of subsection 1(n) of this Section for the improvement of
21 instruction in which priority is given to meeting the
22 education needs of disadvantaged children. Such plan shall
23 be submitted in accordance with rules and regulations
24 promulgated by the State Board of Education.
25 (j) For the purposes of calculating State aid under this
26 Section, with respect to any part of a school district within
27 a redevelopment project area in respect to which a
28 municipality has adopted tax increment allocation financing
29 pursuant to the Tax Increment Allocation Redevelopment Act,
30 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
31 Municipal Code or the Industrial Jobs Recovery Law, Sections
32 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
33 no part of the current equalized assessed valuation of real
34 property located in any such project area which is
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1 attributable to an increase above the total initial equalized
2 assessed valuation of such property shall be used in
3 computing the equalized assessed valuation per weighted ADA
4 pupil in the district, until such time as all redevelopment
5 project costs have been paid, as provided in Section
6 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
7 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
8 For the purpose of computing the equalized assessed valuation
9 per weighted ADA pupil in the district the total initial
10 equalized assessed valuation or the current equalized
11 assessed valuation, whichever is lower, shall be used until
12 such time as all redevelopment project costs have been paid.
13 (k) For a school district operating under the financial
14 supervision of an Authority created under Article 34A, the
15 State aid otherwise payable to that district under this
16 Section, other than State aid attributable to Chapter 1
17 students, shall be reduced by an amount equal to the budget
18 for the operations of the Authority as certified by the
19 Authority to the State Board of Education, and an amount
20 equal to such reduction shall be paid to the Authority
21 created for such district for its operating expenses in the
22 manner provided in Section 18-11. The remainder of State
23 school aid for any such district shall be paid in accordance
24 with Article 34A when that Article provides for a disposition
25 other than that provided by this Article.
26 (l) For purposes of calculating State aid under this
27 Section, the equalized assessed valuation for a school
28 district used to compute State aid shall be determined by
29 adding to the real property equalized assessed valuation for
30 the district an amount computed by dividing the amount of
31 money received by the district under the provisions of "An
32 Act in relation to the abolition of ad valorem personal
33 property tax and the replacement of revenues lost thereby",
34 certified August 14, 1979, by the total tax rate for the
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1 district. For purposes of this subsection 1976 tax rates
2 shall be used for school districts in the county of Cook and
3 1977 tax rates shall be used for school districts in all
4 other counties.
5 (m) (1) For a new school district formed by combining
6 property included totally within 2 or more previously
7 existing school districts, for its first year of existence or
8 if the new district was formed after October 31, 1982 and
9 prior to September 23, 1985, for the year immediately
10 following September 23, 1985, the State aid calculated under
11 this Section shall be computed for the new district and for
12 the previously existing districts for which property is
13 totally included within the new district. If the computation
14 on the basis of the previously existing districts is greater,
15 a supplementary payment equal to the difference shall be made
16 for the first 3 years of existence of the new district or if
17 the new district was formed after October 31, 1982 and prior
18 to September 23, 1985, for the 3 years immediately following
19 September 23, 1985.
20 (2) For a school district which annexes all of the
21 territory of one or more entire other school districts, for
22 the first year during which the change of boundaries
23 attributable to such annexation becomes effective for all
24 purposes as determined under Section 7-9 or 7A-8, the State
25 aid calculated under this Section shall be computed for the
26 annexing district as constituted after the annexation and for
27 the annexing and each annexed district as constituted prior
28 to the annexation; and if the computation on the basis of the
29 annexing and annexed districts as constituted prior to the
30 annexation is greater, a supplementary payment equal to the
31 difference shall be made for the first 3 years of existence
32 of the annexing school district as constituted upon such
33 annexation.
34 (3) For 2 or more school districts which annex all of
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1 the territory of one or more entire other school districts,
2 and for 2 or more community unit districts which result upon
3 the division (pursuant to petition under Section 11A-2) of
4 one or more other unit school districts into 2 or more parts
5 and which together include all of the parts into which such
6 other unit school district or districts are so divided, for
7 the first year during which the change of boundaries
8 attributable to such annexation or division becomes effective
9 for all purposes as determined under Section 7-9 or 11A-10,
10 as the case may be, the State aid calculated under this
11 Section shall be computed for each annexing or resulting
12 district as constituted after the annexation or division and
13 for each annexing and annexed district, or for each resulting
14 and divided district, as constituted prior to the annexation
15 or division; and if the aggregate of the State aid as so
16 computed for the annexing or resulting districts as
17 constituted after the annexation or division is less than the
18 aggregate of the State aid as so computed for the annexing
19 and annexed districts, or for the resulting and divided
20 districts, as constituted prior to the annexation or
21 division, then a supplementary payment equal to the
22 difference shall be made and allocated between or among the
23 annexing or resulting districts, as constituted upon such
24 annexation or division, for the first 3 years of their
25 existence. The total difference payment shall be allocated
26 between or among the annexing or resulting districts in the
27 same ratio as the pupil enrollment from that portion of the
28 annexed or divided district or districts which is annexed to
29 or included in each such annexing or resulting district bears
30 to the total pupil enrollment from the entire annexed or
31 divided district or districts, as such pupil enrollment is
32 determined for the school year last ending prior to the date
33 when the change of boundaries attributable to the annexation
34 or division becomes effective for all purposes. The amount
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1 of the total difference payment and the amount thereof to be
2 allocated to the annexing or resulting districts shall be
3 computed by the State Board of Education on the basis of
4 pupil enrollment and other data which shall be certified to
5 the State Board of Education, on forms which it shall provide
6 for that purpose, by the regional superintendent of schools
7 for each educational service region in which the annexing and
8 annexed districts, or resulting and divided districts are
9 located.
10 (4) If a unit school district annexes all the territory
11 of another unit school district effective for all purposes
12 pursuant to Section 7-9 on July 1, 1988, and if part of the
13 annexed territory is detached within 90 days after July 1,
14 1988, then the detachment shall be disregarded in computing
15 the supplementary State aid payments under this paragraph (m)
16 for the entire 3 year period and the supplementary State aid
17 payments shall not be diminished because of the detachment.
18 (5) Any supplementary State aid payment made under this
19 paragraph (m) shall be treated as separate from all other
20 payments made pursuant to this Section.
21 (n) For the purposes of calculating State aid under this
22 Section, the real property equalized assessed valuation for a
23 school district used to compute State aid shall be determined
24 by subtracting from the real property value as equalized or
25 assessed by the Department of Revenue for the district an
26 amount computed by dividing the amount of any abatement of
27 taxes under Section 18-170 of the Property Tax Code by the
28 maximum operating tax rates specified in subsection 5(c) of
29 this Section and an amount computed by dividing the amount of
30 any abatement of taxes under subsection (a) of Section 18-165
31 of the Property Tax Code by the maximum operating tax rates
32 specified in subsection 5(c) of this Section.
33 (o) Notwithstanding any other provisions of this
34 Section, for the 1996-1997 school year the amount of the
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1 aggregate general State aid entitlement that is received
2 under this Section by each school district for that school
3 year shall be not less than the amount of the aggregate
4 general State aid entitlement that was received by the
5 district under this Section for the 1995-1996 school year. If
6 a school district is to receive an aggregate general State
7 aid entitlement under this Section for the 1996-1997 school
8 year that is less than the amount of the aggregate general
9 State aid entitlement that the district received under this
10 Section for the 1995-1996 school year, the school district
11 shall also receive, from a separate appropriation made for
12 purposes of this paragraph (o), a supplementary payment that
13 is equal to the amount by which the general State aid
14 entitlement received by the district under this Section for
15 the 1995-1996 school year exceeds the general State aid
16 entitlement that the district is to receive under this
17 Section for the 1996-1997 school year. If the amount
18 appropriated for supplementary payments to school districts
19 under this paragraph (o) is insufficient for that purpose,
20 the supplementary payments that districts are to receive
21 under this paragraph shall be prorated according to the
22 aggregate amount of the appropriation made for purposes of
23 this paragraph.
24 B. In calculating the amount to be paid to the governing
25 board of a public university that operates a laboratory
26 school under this Section or to any alternative school that
27 is operated by a regional superintendent, the State Board of
28 Education shall require by rule such reporting requirements
29 as it deems necessary.
30 As used in this Section, "laboratory school" means a
31 public school which is created and operated by a public
32 university and approved by the State Board of Education. The
33 governing board of a public university which receives funds
34 from the State Board under this subsection B may not increase
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1 the number of students enrolled in its laboratory school from
2 a single district, if that district is already sending 50 or
3 more students, except under a mutual agreement between the
4 school board of a student's district of residence and the
5 university which operates the laboratory school. A
6 laboratory school may not have more than 1,000 students,
7 excluding students with disabilities in a special education
8 program.
9 As used in this Section, "alternative school" means a
10 public school which is created and operated by a Regional
11 Superintendent of Schools and approved by the State Board of
12 Education. Such alternative schools may offer courses of
13 instruction for which credit is given in regular school
14 programs, courses to prepare students for the high school
15 equivalency testing program or vocational and occupational
16 training.
17 Each laboratory and alternative school shall file, on
18 forms provided by the State Superintendent of Education, an
19 annual State aid claim which states the average daily
20 attendance of the school's students by month. The best 3
21 months' average daily attendance shall be computed for each
22 school. The weighted average daily attendance shall be
23 computed and the weighted average daily attendance for the
24 school's most recent 3 year average shall be compared to the
25 most recent weighted average daily attendance, and the
26 greater of the 2 shall be used for the calculation under this
27 subsection B. The general State aid entitlement shall be
28 computed by multiplying the school's student count by the
29 foundation level as determined under this Section.
30 (Source: P.A. 88-9; 88-45; 88-89; 88-386; 88-511; 88-537;
31 88-555; 88-641; 88-670, eff. 12-2-94; 89-15, eff. 5-30-95;
32 89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 89-610, eff.
33 8-6-96; 89-618, eff. 8-9-96; 89-626, eff. 8-9-96; 89-679,
34 eff. 8-16-96; revised 9-10-96.)
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1 (105 ILCS 5/18-8.2) (from Ch. 122, par. 18-8.2)
2 Sec. 18-8.2. Supplementary State aid for new and for
3 certain annexing districts.
4 (a) After the formation of a new district, a computation
5 shall be made to determine the difference between the
6 salaries effective in each of the previously existing
7 districts on June 30, prior to the creation of the new
8 district. For the first 4 3 years after the formation of the
9 new district or if the new district was formed after October
10 31, 1982 and prior to the effective date of this amendatory
11 Act of 1985, for the 3 years immediately following such
12 effective date, a supplementary State aid reimbursement shall
13 be paid to the new district equal to the difference between
14 the sum of the salaries earned by each of the certificated
15 members of the new district while employed in one of the
16 previously existing districts during the year immediately
17 preceding the formation of the new district and the sum of
18 the salaries those certificated members would have been paid
19 during the year immediately prior to the formation of the new
20 district if placed on the salary schedule of the previously
21 existing district with the highest salary schedule.
22 (b) After the territory of one or more school districts
23 is annexed by one or more other school districts, or after
24 the division (pursuant to petition under Section 11A-2) of a
25 unit school district or districts into 2 or more parts which
26 all are included in 2 or more other community unit districts
27 resulting upon that division, a computation shall be made to
28 determine the difference between the salaries effective in
29 each such annexed or divided district and in the annexing or
30 resulting district or districts as they each were constituted
31 on June 30 preceding the date when the change of boundaries
32 attributable to such annexation or division became effective
33 for all purposes as determined under Section 7-9, 7A-8 or
34 11A-10. For the first 4 3 years after any such annexation or
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1 division, a supplementary State aid reimbursement shall be
2 paid to each annexing or resulting district as constituted
3 after the annexation or division equal to the difference
4 between the sum of the salaries earned by each of the
5 certificated members of such annexing or resulting district
6 as constituted after the annexation or division while
7 employed in an annexed or annexing district, or in a divided
8 or resulting district, during the year immediately preceding
9 the annexation or division, and the sum of the salaries those
10 certificated members would have been paid during such
11 immediately preceding year if placed on the salary schedule
12 of whichever of such annexing or annexed districts, or
13 resulting or divided districts, had the highest salary
14 schedule during such immediately preceding year.
15 (c) Such supplementary State aid reimbursement shall be
16 treated as separate from all other payments made pursuant to
17 Section 18-8. In the case of the formation of a new district,
18 reimbursement shall begin during the first year of operation
19 of the new district; and in the case of an annexation of the
20 territory of one or more school districts by one or more
21 other school districts, or the division (pursuant to petition
22 under Section 11A-2) of a unit school district or districts
23 into 2 or more parts which all are included in 2 or more
24 other community unit districts resulting upon that division,
25 reimbursement shall begin during the first year when the
26 change in boundaries attributable to such annexation or
27 division becomes effective for all purposes as determined
28 pursuant to Section 7-9, 7A-8 or 11A-10. Each year any such
29 new, annexing or resulting district, as the case may be, is
30 entitled to receive reimbursement, the number of eligible
31 certified members who are employed on October 1 in any such
32 district shall be certified to the State Board of Education
33 on prescribed forms by October 15 and payment shall be made
34 on or before November 15 of that year.
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1 (d) If a unit school district annexes all the territory
2 of another unit school district effective for all purposes
3 pursuant to Section 7-9 on July 1, 1988, and if part of the
4 annexed territory is detached within 90 days after July 1,
5 1988, then the detachment shall be disregarded in computing
6 the supplementary State aid reimbursements under this Section
7 for the entire 3 year period and the supplementary State aid
8 reimbursements shall not be diminished because of the
9 detachment.
10 (e) The changes made by this amendatory Act of 1989 are
11 intended to be retroactive and applicable to any annexation
12 taking effect after August 1, 1987.
13 (Source: P.A. 86-13; 86-1334.)
14 (105 ILCS 5/21-0.01 new)
15 Sec. 21-0.01. Professional Teacher Standards Board.
16 (a) The Professional Teacher Standards Board is hereby
17 created and shall consist of 15 members who are appointed by
18 the Governor, by and with the advice and consent of the
19 Senate. One of the members so appointed shall be designated
20 by the Governor at the time the appointment is made as the
21 chairperson of the Professional Teacher Standards Board. At
22 the time appointments are made to the Professional Teacher
23 Standards Board, 7 of the appointed members shall be
24 classroom teachers employed in the public schools of the
25 State, one shall be a certified, non-administrative,
26 non-teaching public school employee, one shall be an
27 administrative or faculty member of a private college or
28 university located in the State, one shall be an
29 administrative or faculty member of a public university
30 located in the State, one shall be a school superintendent
31 employed in the public schools of the State, one shall be a
32 principal employed in the public schools of the State, and 3
33 shall be representatives of the business community. The
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1 initial members of the Professional Teacher Standards Board
2 may be appointed any time after the effective date of this
3 amendatory Act of 1997. The regular term of each member of
4 the Professional Teacher Standards Board shall be for 4 years
5 from the third Monday of January of the year in which the
6 term of the member's appointment is to commence, except that
7 of the 15 initial members appointed to serve on the
8 Professional Teacher Standards Board, the member who is
9 appointed as the chairperson shall serve for a term that
10 commences on the date of his or her appointment and expires
11 on the third Monday of January, 2002, and the remaining 14
12 members, by lots drawn at the first meeting of the
13 Professional Teacher Standards Board that is held after all
14 15 members are appointed, shall determine 4 of their number
15 to serve for terms that commence on the date of their
16 respective appointments and expire on the third Monday of
17 January, 2002, 5 of their number to serve for terms that
18 commence on the date of their respective appointments and
19 expire on the third Monday of January, 2001, and 5 of their
20 number to serve for terms that commence on the date of their
21 respective appointments and expire on the third Monday of
22 January, 2000. All members appointed to serve on the
23 Professional Teacher Standards Board shall serve until their
24 respective successors are appointed and confirmed. Vacancies
25 shall be filled in the same manner as original appointments.
26 If a vacancy in membership occurs at a time when the Senate
27 is not in session, the Governor shall make a temporary
28 appointment until the next meeting of the Senate, when he or
29 she shall appoint, by and with the advice and consent of the
30 Senate, a person to fill that membership for the unexpired
31 term. If the Senate is not in session when the initial
32 appointments are made, those appointments shall be made as in
33 the case of vacancies.
34 (b) The Professional Teacher Standards Board shall be
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1 deemed established on the date that the Governor makes his
2 appointment of the 15th initial member of the Professional
3 Teacher Standards Board, whether those initial members are
4 then serving pursuant to appointment and confirmation or
5 pursuant to temporary appointments that are made by the
6 Governor as in the case of vacancies. Upon the establishment
7 of the Professional Teacher Standards Board and until the
8 State Teacher Certification Board is abolished as provided in
9 subsection (c), the Professional Teacher Standards Board
10 shall have the power and authority to prepare for the
11 implementation and administration of the new system of
12 teacher certification and the other changes made to this
13 Article by this amendatory Act of 1997. That power and
14 authority shall include the authority (i) to prepare and
15 propose rules and regulations to take effect on July 1, 1998,
16 and (ii) to design and develop systems and procedures
17 necessary to enable the Professional Teacher Standards Board
18 to prepare for the immediate and efficient exercise of its
19 powers and authority under subsection (c) beginning on July
20 1, 1998.
21 (c) On July 1, 1998, the Professional Teacher Standards
22 Board shall succeed to, exercise, and assume all powers and
23 duties of the State Teacher Certification Board and all
24 powers and duties that, prior to July 1, 1998, were delegated
25 to or exercised by the State Board of Education under this
26 Article, and the State Teacher Certification Board shall be
27 abolished and the terms of all of its members shall terminate
28 at midnight on June 30, 1998. Beginning on July 1, 1998 and
29 thereafter, the Professional Teacher Standards Board shall
30 have the power and authority to do all of the following:
31 (1) set standards for teaching, supervising, or
32 holding other certificated employment in the public
33 schools, and administer the certification process,
34 including but not limited to the issuance and renewal of
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1 certificates, as provided in this Article;
2 (2) approve and evaluate teacher and administrator
3 preparation programs;
4 (3) revoke and suspend certificates issued for
5 teaching, supervising, or holding other certificated
6 employment in the public schools;
7 (4) enter into agreements with other states
8 relative to reciprocal approval of teacher and
9 administrator preparation programs;
10 (5) establish standards for the issuance of new
11 types of certificates; and
12 (6) take such other action relating to the
13 improvement of instruction in the public schools through
14 teacher education and professional development and that
15 attracts qualified candidates into teacher training
16 programs as is appropriate and consistent with applicable
17 laws.
18 (d) Notwithstanding any other provisions of this Section
19 or Article, the power and authority of the Professional
20 Teacher Standards Board to establish, implement, and
21 administer standards for administrative certification,
22 issuance and renewal of administrative certificates and
23 endorsements, and evaluation and approval of administrator
24 preparation programs and to promulgate rules and regulations
25 relating to those matters shall be exercised with the advice
26 and consultation, and subject to the consent and approval, of
27 the School Administrator Standards Board.
28 (e) Beginning with the date on which the Professional
29 Teacher Standards Board is established as provided in
30 subsection (c), and at all times thereafter, the Professional
31 Teacher Standards Board is authorized to employ an Executive
32 Director and such other staff as it deems necessary to carry
33 out its duties.
34 (f) The Professional Teacher Standards Board, as a State
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1 agency that is eligible for appropriations, shall comply with
2 the provisions of the Bureau of the Budget Act applicable to
3 State agencies.
4 (g) Members of the Professional Teacher Standards Board
5 shall be reimbursed for all ordinary and necessary expenses
6 incurred in performing their duties as members of the Board.
7 (h) The Professional Teacher Standards Board may create
8 standing committees and establish advisory committees if it
9 deems that action to be advisable.
10 (105 ILCS 5/21-0.02 new)
11 Sec. 21-0.02. School Administrator Standards Board.
12 (a) The School Administrator Standards Board is hereby
13 created and shall consist of 5 members who are appointed by
14 the Governor, by and with the advice and consent of the
15 Senate. One of the members so appointed shall be designated
16 by the Governor at the time the appointment is made as the
17 chairperson of the School Administrator Standards Board. All
18 persons appointed to the School Administrator Standards Board
19 shall be currently employed as school administrators in the
20 public schools of this State, and at least 3 of those
21 appointed members shall be employed as superintendents of
22 public school districts located in this State. The initial
23 members of the School Administrator Standards Board may be
24 appointed any time after the effective date of this
25 amendatory Act of 1997. The regular term of each member of
26 the School Administrator Standards Board shall be for 4 years
27 from the third Monday of January of the year in which the
28 term of the member's appointment is to commence, except that
29 of the 5 initial members appointed to serve on the School
30 Administrator Standards Board, the member who is appointed as
31 the chairperson shall serve for a term that commences on the
32 date of his or her appointment and expires on the third
33 Monday of January, 2002, and the remaining 4 members, by lots
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1 drawn at the first meeting of the School Administrator
2 Standards Board that is held after all 5 members are
3 appointed, shall determine one of their number to serve for a
4 term that commences on the date of his or her appointment and
5 expires on the third Monday of January, 2002, 2 of their
6 number to serve for terms that commence on the date of their
7 respective appointments and expire on the third Monday of
8 January, 2001, and one of their number to serve for a term
9 that commences on the date of his or her appointment and
10 expires on the third Monday of January, 2000. All members
11 appointed to serve on the School Administrator Standards
12 Board shall serve until their respective successors are
13 appointed and confirmed. Vacancies shall be filled in the
14 same manner as original appointments. If a vacancy in
15 membership occurs at a time when the Senate is not in
16 session, the Governor shall make a temporary appointment
17 until the next meeting of the Senate, when he or she shall
18 appoint, by and with the advice and consent of the Senate, a
19 person to fill that membership for the unexpired term. If
20 the Senate is not in session when the initial appointments
21 are made, those appointments shall be made as in the case of
22 vacancies.
23 (b) The School Administrator Standards Board shall be
24 deemed established on the date that the Governor makes his
25 appointment of the 5th initial member of the School
26 Administrator Standards Board, whether those initial members
27 are then serving pursuant to appointment and confirmation or
28 pursuant to temporary appointments that are made by the
29 Governor as in the case of vacancies. Upon the establishment
30 of the School Administrator Standards Board and until the
31 State Teacher Certification Board is abolished as provided in
32 subsection (c) of Section 21-0.01, the School Administrator
33 Standards Board shall have the power and authority to design
34 and prepare for the establishment of a new system for the
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1 issuance and renewal of administrative certificates and
2 endorsements under this Article. That power and authority
3 shall include the authority, in consultation with the
4 Professional Teacher Standards Board, to prepare and propose
5 rules and regulations to take effect on July 1, 1998,
6 relating to the issuance and renewal of administrative
7 certificates and endorsements under this Article.
8 (c) On July 1, 1998 and thereafter, the School
9 Administrator Standards Board shall advise and consult with
10 the Professional Teacher Standards Board relative to the
11 exercise by the Professional Teacher Standards Board of such
12 of that Board's powers and duties under this Article,
13 including those set forth in subsection (c) of Section
14 21-0.01, as relate to the establishment, implementation, and
15 administration of (i) standards for administrative
16 certification, (ii) issuance and renewal of administrative
17 certificates and endorsements, (iii) evaluation and approval
18 of administrator preparation programs, and (iv) rules and
19 regulations relating to the matters described in items (i),
20 (ii), and (iii) of this subsection. The powers and duties of
21 the Professional Teacher Standards Board as they relate to
22 the matters described in items (i), (ii), (iii), and (iv) of
23 this subsection are exercisable only with the consent and
24 approval of the School Administrator Standards Board.
25 (d) Beginning with the date on which the School
26 Administrator Standards Board is established as provided in
27 subsection (b) of this Section, and until July 1, 1998, the
28 State Board of Education shall provide the School
29 Administrator Standards Board with such staff as is
30 reasonably necessary to enable the School Administrator
31 Standards Board to perform its duties. On July 1, 1998 and
32 thereafter, the Professional Teacher Standards Board shall
33 provide to the School Administrator Standards Board such
34 staff as shall be agreed upon by those 2 boards.
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1 (e) Members of the Professional Teacher Standards Board
2 shall be reimbursed for all ordinary and necessary expenses
3 incurred in performing their duties as members of the Board.
4 (f) As used in this Section, the terms "administrative
5 certification" and "administrative certificates and
6 endorsements" refer to certificates and endorsements that are
7 issued and renewed on or after July 1, 1998 and that are
8 required for supervisors, curriculum directors, principals,
9 assistant principals, assistant or associate superintendents,
10 junior college deans, chief school business officials,
11 superintendents or a general superintendent of schools, and
12 such related or similar positions as are determined by the
13 State Superintendent of Education in consultation with the
14 School Administrator Standards Board and the Professional
15 Teacher Standards Board.
16 (105 ILCS 5/21-0.03 new)
17 Sec. 21-0.03. Terminology. Upon the abolition of the
18 State Teacher Certification Board as provided in subsection
19 (c) of Section 21-0.01, any reference in this Article or in
20 any other provision of this Code or law of this State to the
21 State Teacher Certification Board shall be deemed to mean and
22 refer to the Professional Teacher Standards Board created
23 under Section 21-0.01.
24 Until the State Teacher Certification Board is abolished
25 as provided in subsection (c) of Section 21-0.01, "Board" as
26 used in this Article shall be deemed to mean and refer to the
27 State Teacher Certification Board. From and after the date
28 on which the State Teacher Certification Board is abolished,
29 "Board" as used in this Article shall be deemed to mean and
30 refer to the Professional Teacher Standards Board.
31 (105 ILCS 5/21-1a) (from Ch. 122, par. 21-1a)
32 Sec. 21-1a. Tests required for certification.
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1 (a) After July 1, 1988, in addition to all other
2 requirements, early childhood, elementary, special, high
3 school, school service personnel, or, except as provided in
4 Section 34-6, administrative certificates shall be issued to
5 persons who have satisfactorily passed a test of basic skills
6 and subject matter knowledge. The tests of basic skills and
7 subject matter knowledge shall be the tests which from time
8 to time are designated by the State Board of Education in
9 consultation with the State Teacher Certification Board and
10 may be tests prepared by an educational testing organization
11 or tests designed by the State Board of Education in
12 consultation with the State Teacher Certification Board. The
13 areas to be covered by the test of basic skills shall include
14 the basic skills of reading, writing, grammar and
15 mathematics. The test of subject matter knowledge shall
16 assess content knowledge in the specific subject field. The
17 tests shall be designed to be racially neutral to assure that
18 no person in taking the tests is thereby discriminated
19 against on the basis of race, color, national origin or other
20 factors unrelated to the person's ability to perform as a
21 certificated employee. The score required to pass the tests
22 of basic skills and subject matter knowledge shall be fixed
23 by the State Board of Education in consultation with the
24 State Teacher Certification Board. The tests shall be held
25 not fewer than 3 times a year at such time and place as may
26 be designated by the State Board of Education in consultation
27 with the State Teacher Certification Board.
28 (b) Except as provided in Section 34-6, the provisions
29 of subsection (a) of this Section shall apply equally in any
30 school district subject to Article 34, provided that the
31 State Board of Education shall determine which certificates
32 issued under Sections 34-8.1 and 34-83 prior to July 1, 1988
33 are comparable to any early childhood certificate, elementary
34 school certificate, special certificate, high school
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1 certificate, school service personnel certificate or
2 administrative certificate issued under this Article as of
3 July 1, 1988.
4 (c) A person who holds an early childhood, elementary,
5 special, high school or school service personnel certificate
6 issued under this Article on or at any time before July 1,
7 1988, including a person who has been issued any such
8 certificate pursuant to Section 21-11.1 or in exchange for a
9 comparable certificate theretofore issued under Section
10 34-8.1 or Section 34-83, shall not be required to take or
11 pass the tests in order to thereafter have such certificate
12 renewed.
13 (d) The State Board of Education in consultation with
14 the State Teacher Certification Board shall conduct a pilot
15 administration of the tests by administering the test to
16 students completing teacher education programs in the 1986-87
17 school year for the purpose of determining the effect and
18 impact of testing candidates for certification.
19 (e) The rules and regulations developed to implement the
20 required test of basic skills and subject matter knowledge
21 shall include the requirements of subsections (a), (b), and
22 (c) and shall include specific regulations to govern test
23 selection; test validation and determination of a passing
24 score; administration of the tests; frequency of
25 administration; applicant fees; frequency of applicants'
26 taking the tests; the years for which a score is valid; and,
27 waiving certain additional tests for additional certificates
28 to individuals who have satisfactorily passed the test of
29 basic skills and subject matter knowledge as required in
30 subsection (a). The State Board of Education shall provide,
31 by rule, specific policies that assure uniformity in the
32 difficulty level of each form of the basic skills test and
33 each subject matter knowledge test from test-to-test and
34 year-to-year. The State Board of Education shall also set a
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1 passing score for the tests.
2 (f) The State Teacher Certification Board may issue a
3 nonrenewable temporary certificate between July 1, 1988 and
4 August 31, 1988 to individuals who have taken the tests of
5 basic skills and subject matter knowledge prescribed by this
6 Section but have not received such test scores by August 31,
7 1988. Such temporary certificates shall expire on December
8 31, 1988.
9 (g) Beginning July 1, 1998, the Professional Teacher
10 Standards Board shall implement and administer a new system
11 of certification for teachers and administrators in the State
12 of Illinois. The Professional Teacher Standards Board shall
13 design and implement a system of examinations which shall be
14 required prior to the issuance of Initial Teaching
15 Certificates and Standard Teaching Certificates. These
16 examinations shall be based on national professional teaching
17 standards, such as the standards developed by the Interstate
18 New Teacher Assessment and Support Consortium, the National
19 Board for Professional Teaching Standards, the National
20 Council for Accreditation of Teacher Education, and similar
21 organizations, as determined by the Professional Teacher
22 Standards Board. The Professional Teacher Standards Board may
23 adopt any and all regulations necessary to implement and
24 administer this Section. Notwithstanding the foregoing
25 provisions of this Section, the implementation and
26 administration of the system for certification of
27 administrators shall be accomplished by the Professional
28 Teacher Standards Board in consultation with the School
29 Administrator Standards Board, and the implementation and
30 administration by the Professional Teacher Standards Board of
31 that system as it relates to administrators shall be subject
32 to the consent and approval of the School Administrator
33 Standards Board, as provided in subsection (d) of Section
34 21-0.01 and subsection (c) of Section 21-0.02.
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1 (h) The Professional Teacher Standards Board shall
2 report to the Illinois General Assembly and the Governor with
3 recommendations for further changes and improvements to the
4 teacher certification system no later than March 1, 1998 and
5 on an annual basis until March 1, 2000.
6 (Source: P.A. 86-361; 86-734; 86-1028; 86-1471; 86-1488;
7 87-242.)
8 (105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
9 Sec. 21-2. Grades of certificates.
10 (a) Until July 1, 1998, all certificates issued under
11 this Article shall be State certificates valid, except as
12 limited in Section 21-1, in every school district coming
13 under the provisions of this Act and shall be limited in time
14 and designated as follows: Provisional vocational
15 certificate, temporary provisional vocational certificate,
16 early childhood certificate, elementary school certificate,
17 special certificate, high school certificate, school service
18 personnel certificate, administrative certificate,
19 provisional certificate, and substitute certificate. The
20 requirement of student teaching under close and competent
21 supervision for obtaining a teaching certificate may be
22 waived by the State Teacher Certification Board upon
23 presentation to the Board by the teacher of evidence of 5
24 years successful teaching experience on a valid certificate
25 and graduation from a recognized institution of higher
26 learning with a bachelor's degree with not less than 120
27 semester hours and a minimum of 16 semester hours in
28 professional education.
29 (b) Initial Teaching Certificate. Beginning July 1,
30 1998, persons who (1) have completed an approved teacher
31 preparation program, (2) are recommended by an approved
32 teacher preparation program, (3) have successfully completed
33 the Initial Teaching Certification examinations required by
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1 the Professional Teacher Standards Board, and (4) have met
2 all other requirements established by the Professional
3 Teacher Standards Board, shall be issued an Initial Teaching
4 Certificate valid for 4 years. Initial Teaching Certificates
5 shall be issued for the following categories: Early
6 Childhood Education, Elementary Education, Secondary
7 Education, and Special (including Special Education,
8 Bilingual, Music, Art, Physical Education, Reading, Foreign
9 Language, and other areas designated by the Professional
10 Teacher Standards Board).
11 (c) Standard Certificate. Beginning July 1, 1998,
12 persons who (1) have completed 4 years of teaching with an
13 Initial Certificate, (2) have successfully completed the
14 Standard Teaching Certificate examinations required by the
15 Professional Teacher Standards Board, and (3) have met all
16 other criteria established by the Professional Teacher
17 Standards Board shall be issued a Standard Certificate valid
18 for 5 years, which may be renewed thereafter every 5 years
19 based on compliance with requirements set forth by the
20 Professional Teacher Standards Board. Such requirements may
21 include proof of continuing education or professional
22 development, and other requirements. Standard Certificates
23 shall be issued for the following categories: Early
24 Childhood Education, Elementary Education, Secondary
25 Education, and Special (including Special Education,
26 Bilingual, Music, Art, Physical Education, Reading, Foreign
27 Language, and other areas designated by the Professional
28 Teacher Standards Board).
29 (d) Master Certificate. Beginning July 1, 1998, persons
30 who have successfully achieved National Board certification
31 through the National Board for Professional Teaching
32 Standards shall be issued a Master Certificate, valid for 7
33 years and renewable thereafter every 7 years through
34 compliance with requirements set forth by the Professional
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1 Teacher Standards Board. Teachers with a Master Certificate
2 shall receive an annual $2,000 stipend from the State of
3 Illinois.
4 (Source: P.A. 88-92.)
5 (105 ILCS 5/21-2.1) (from Ch. 122, par. 21-2.1)
6 Sec. 21-2.1. Early childhood certificate.
7 (a) An early childhood certificate shall be valid for 4
8 years for teaching children up to 6 years of age, exclusive
9 of children enrolled in kindergarten, in facilities approved
10 by the State Superintendent of Education. Beginning July 1,
11 1988, such certificate shall be valid for 4 years for
12 Teaching children through grade 3 in facilities approved by
13 the State Superintendent of Education. Subject to the
14 provisions of Section 21-1a, it shall be issued to persons
15 who have graduated from a recognized institution of higher
16 learning with a bachelor's degree and with not fewer than 120
17 semester hours including professional education or human
18 development or, until July 1, 1992, to persons who have early
19 childhood education instruction and practical experience
20 involving supervised work with children under 6 years of age
21 or with children through grade 3. Such persons shall be
22 recommended for the early childhood certificate by a
23 recognized institution as having completed an approved
24 program of preparation which includes the requisite hours and
25 academic and professional courses and practical experience
26 approved by the State Superintendent of Education in
27 consultation with the State Teacher Certification Board.
28 (b) Beginning July 1, 1998, Initial and Standard Early
29 Childhood Education Certificates shall be issued to persons
30 who meet the criteria established by the Professional Teacher
31 Standards Board.
32 (Source: P.A. 85-1389.)
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1 (105 ILCS 5/21-2a) (from Ch. 122, par. 21-2a)
2 Sec. 21-2a. Required curriculum for all teachers. After
3 September 1, 1981 and until July 1, 1998, in addition to all
4 other requirements, the successful completion of course work
5 which includes instruction on the psychology of the
6 exceptional child, the identification of the exceptional
7 child, including, but not limited to the learning disabled
8 and methods of instruction for the exceptional child,
9 including, but not limited to the learning disabled shall be
10 a prerequisite to a person receiving any of the following
11 certificates:; early childhood, elementary, special and high
12 school.
13 (Source: P.A. 81-1082.)
14 (105 ILCS 5/21-3) (from Ch. 122, par. 21-3)
15 Sec. 21-3. Elementary certificate.
16 (a) An elementary school certificate shall be valid for
17 4 years for teaching in the kindergarten and lower 9 grades
18 of 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 and with a
22 minimum of 16 semester hours in professional education,
23 including 5 semester hours in student teaching under
24 competent and close supervision. Such persons shall be
25 recommended for the elementary certificate by a recognized
26 institution as having completed an approved program of
27 preparation which includes intensive preservice training in
28 the humanities, natural sciences, mathematics and the
29 academic and professional courses approved by the State
30 Superintendent of Education in consultation with the State
31 Teacher Certification Board.
32 (b) Beginning July 1, 1998, Initial and Standard
33 Elementary Certificates shall be issued to persons who meet
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1 all of the criteria established by the Professional Teacher
2 Standards Board.
3 (Source: P.A. 84-126.)
4 (105 ILCS 5/21-4) (from Ch. 122, par. 21-4)
5 Sec. 21-4. Special certificate.
6 (a) A special certificate shall be valid for 4 years for
7 teaching the special subjects named therein in all grades of
8 the common schools. Subject to the provisions of Section
9 21-1a, it shall be issued to persons who have graduated from
10 a recognized institution of higher learning with a bachelor's
11 degree and with not fewer than 120 semester hours including a
12 minimum of 16 semester hours in professional education, 5 of
13 which shall be in student teaching under competent and close
14 supervision. When the holder of such certificate has earned a
15 master's degree, including eight semester hours of graduate
16 professional education from a recognized institution of
17 higher learning and with two years' teaching experience, it
18 may be endorsed for supervision.
19 Such persons shall be recommended for the special
20 certificate by a recognized institution as having completed
21 an approved program of preparation which includes academic
22 and professional courses approved by the State Superintendent
23 of Education in consultation with the State Teacher
24 Certification Board.
25 (b) Beginning July 1, 1998, Initial and Standard Special
26 Certificates shall be issued for the special subjects of
27 Special Education, Bilingual, Music, Art, Physical Education,
28 Reading, Foreign Language, and other areas designated by the
29 State Board of Education, to persons who meet all of the
30 criteria established by the Professional Teacher Standards
31 Board.
32 (Source: P.A. 84-126.)
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1 (105 ILCS 5/21-5) (from Ch. 122, par. 21-5)
2 Sec. 21-5. High school certificate.
3 (a) A high school certificate shall be valid for 4 years
4 for teaching in grades 6 to 12 inclusive of the common
5 schools. Subject to the provisions of Section 21-1a, it shall
6 be issued to persons who have graduated from a recognized
7 institution of higher learning with a bachelor's degree and
8 with not fewer than 120 semester hours including 16 semester
9 hours in professional education, 5 of which shall be in
10 student teaching under competent and close supervision and
11 with one or more teaching fields. Such persons shall be
12 recommended for the high school certificate by a recognized
13 institution as having completed an approved program of
14 preparation which includes the academic and professional
15 courses approved by the State Superintendent of Education in
16 consultation with the State Teacher Certification Board.
17 (b) Beginning July 1, 1998, Initial and Standard
18 Secondary Certificates shall be issued to persons who meet
19 all of the criteria established by the Professional Teacher
20 Standards Board.
21 (Source: P.A. 84-126.)
22 (105 ILCS 5/21-5a) (from Ch. 122, par. 21-5a)
23 Sec. 21-5a. Alternative math-science certification. The
24 State Board of Education, in consultation with the State
25 Teacher Certification Board, shall establish and implement an
26 alternative certification program under which persons who
27 qualify for admission to, and who successfully complete the
28 program and meet the additional requirements established by
29 this Section shall be issued an initial alternative teaching
30 certificate for teaching mathematics, science or mathematics
31 and science in grades 9 through 12 of the common schools. In
32 establishing an alternative certification program under this
33 Section, the State Board of Education shall designate an
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1 appropriate area within the State where the program shall be
2 offered and made available to persons qualified for admission
3 to the program. In addition, the State Board of Education,
4 in cooperation with one or more recognized institutions of
5 higher learning, shall develop a comprehensive course of
6 study that persons admitted to the program must successfully
7 complete in order to satisfy one criterion for issuance of an
8 initial alternative certificate under this Section. The
9 comprehensive course of study so developed shall include one
10 semester of practice teaching.
11 An initial alternative teaching certificate, valid for 4
12 years for teaching mathematics, science or mathematics and
13 science in grades 9 through 12 of the common schools and
14 renewable as provided in Section 21-14, shall be issued under
15 this Section 21-5a to persons who qualify for admission to
16 the alternative certification program and who at the time of
17 applying for an initial alternative teaching certificate
18 under this Section:
19 (1) have graduated with a master's degree in
20 mathematics or any science discipline from an institution
21 of higher learning whose scholarship standards are
22 approved by the State Board of Education for purposes of
23 the alternative certification program;
24 (2) have been employed for at least 10 years in an
25 area requiring knowledge and practical application of
26 their academic background in mathematics or a science
27 discipline;
28 (3) have successfully completed the alternative
29 certification program and the course of comprehensive
30 study, including one semester of practice teaching,
31 developed as part of the program as provided in this
32 Section and approved by the State Board of Education; and
33 (4) have passed the examinations required by test
34 of basic skills and subject matter knowledge required by
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1 Section 21-1a.
2 The alternative certification program shall be
3 implemented at the commencement of the 1992-1993 academic
4 year.
5 The State Board of Education shall establish criteria for
6 admission to the alternative certification program and shall
7 adopt rules and regulations that are consistent with this
8 Section and that the State Board of Education deems necessary
9 to establish and implement the program.
10 (Source: P.A. 87-446.)
11 (105 ILCS 5/21-5b)
12 Sec. 21-5b. Alternative certification. The State Board
13 of Education, in consultation with the State Teacher
14 Certification Board, shall establish and implement an
15 alternative certification program under which persons who
16 meet the requirements of and successfully complete the
17 program established by this Section shall be issued an
18 alternative teaching certificate for teaching in the schools
19 situated in a school district that is located in a city
20 having a population in excess of 500,000 inhabitants. The
21 program shall be limited to not more than 260 new
22 participants during each year that the program is in effect.
23 In establishing an alternative certification program under
24 this Section, the State Board of Education shall designate
25 the City of Chicago as the area in the State where the
26 program shall be made available. In addition, the State Board
27 of Education, in cooperation with a partnership formed with a
28 university that offers 4-year baccalaureate and masters
29 degree programs and that is a recognized institution as
30 defined in Section 21-21 and one or more not-for-profit
31 organizations in the State which support excellence in
32 teaching, shall within 30 days after submission by the
33 partnership approve a course of study developed by the
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1 partnership that persons in the program must successfully
2 complete in order to satisfy one criterion for issuance of an
3 alternative certificate under this Section. The Alternative
4 Teacher Certification program course of study must include
5 the current content and skills contained in the university's
6 current courses for State certification which have been
7 approved by the State Board of Education, in consultation
8 with the State Teacher Certification Board, as the
9 requirement for State teacher certification.
10 The alternative certification program established under
11 this Section shall be known as the Alternative Teacher
12 Certification program. The Alternative Teacher Certification
13 Program shall be offered by the submitting partnership and
14 may be offered in conjunction with one or more not-for-profit
15 organizations in the State which support excellence in
16 teaching. The program shall be comprised of the following 3
17 phases: (a) the first phase is the course of study offered on
18 an intensive basis in education theory, instructional
19 methods, and practice teaching; (b) the second phase is the
20 person's assignment to a full-time teaching position for one
21 school year; and (c) the third phase is a comprehensive
22 assessment of the person's teaching performance by school
23 officials and the partnership participants and a
24 recommendation by the partner institution of higher education
25 to the State Board of Education that the person be issued an
26 initial a standard alternative teaching certificate.
27 Successful completion of the Alternative Teacher
28 Certification program shall be deemed to satisfy any other
29 practice or student teaching and subject matter requirements
30 established by law.
31 A provisional alternative teaching certificate, valid for
32 one year of teaching in the common schools and not renewable,
33 shall be issued under this Section 21-5b to persons who at
34 the time of applying for the provisional alternative teaching
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1 certificate under this Section:
2 (1) have graduated from an accredited college or
3 university with a bachelor's degree;
4 (2) have successfully completed the first phase of
5 the Alternative Teacher Certification program as provided
6 in this Section; and
7 (3) have passed the tests of basic skills and
8 subject matter knowledge required by Section 21-1a.
9 A person possessing a provisional alternative certificate
10 under this Section shall be treated as a regularly certified
11 teacher for purposes of compensation, benefits, and other
12 terms and conditions of employment afforded teachers in the
13 school who are members of a bargaining unit represented by an
14 exclusive bargaining representative, if any.
15 An Initial A standard alternative Teaching Certificate,
16 valid for 4 years for teaching in the schools situated in a
17 school district that is located in a city having a population
18 in excess of 500,000 inhabitants and renewable as provided in
19 Section 21-14, shall be issued under this Section 21-5b to
20 persons who first complete the requirements for the
21 provisional alternative teaching certificate and who at the
22 time of applying for an Initial a standard alternative
23 Teaching Certificate under this Section have successfully
24 completed the second and third phases of the Alternative
25 Teacher Certification program as provided in this Section.
26 This alternative certification program shall be
27 implemented so that the first provisional alternative
28 teaching certificates issued under this Section are effective
29 upon the commencement of the 1997-1998 academic year and the
30 first Initial standard alternative Teaching Certificates
31 issued under this Section are effective upon the commencement
32 of the 1998-1999 academic year.
33 The State Board of Education, in cooperation with the
34 partnership establishing the Alternative Teacher
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1 Certification program, shall adopt rules and regulations that
2 are consistent with this Section and that the State Board of
3 Education deems necessary to establish and implement the
4 program.
5 (Source: P.A. 89-708, eff. 2-14-97.)
6 (105 ILCS 5/21-5c new)
7 Sec. 21-5c. Alternative route to teacher certification.
8 The Professional Teacher Standards Board shall establish and
9 implement an alternative route to teacher certification
10 program under which persons who meet the requirements of and
11 successfully complete the program shall be issued an initial
12 teaching certificate for teaching in schools in this State.
13 The program shall be designed to encourage and facilitate the
14 entrance into the field of teaching by individuals from other
15 professions. The Professional Teacher Standards Board shall
16 adopt such rules and regulations as are necessary to develop,
17 implement, and administer the alternative route to teacher
18 certification program authorized by this Section.
19 (105 ILCS 5/21-5d new)
20 Sec. 21-5d. Alternative route to administrative
21 certification. The School Administrator Standards Board
22 shall establish, adopt, and approve an alternative route to
23 administrative certification program under which persons who
24 meet the requirements of and successfully complete the
25 program established shall be issued a standard administrative
26 certificate with a general supervisory, general
27 administrative, chief school business official, or
28 superintendent endorsement under Section 21-7.1, renewable as
29 provided in Section 21-14. The alternative route to
30 administrator certification program, as established, adopted,
31 and approved by the School Administrator Standards Board,
32 shall be implemented and administered by the Professional
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1 Teacher Standards Board, with the advice, consent, and
2 approval of the School Administrator Standards Board.
3 (105 ILCS 5/21-7.1) (from Ch. 122, par. 21-7.1)
4 Sec. 21-7.1. Administrative certificate.
5 (a) After January 1, 1986, an administrative certificate
6 valid for 5 years of supervising and administering in the
7 public common schools may be issued to persons who have
8 graduated from a recognized institution of higher learning
9 with a master's degree and who have been certified by these
10 institutions of higher learning as having completed a program
11 of preparation for one or more of these endorsements. Such
12 programs of academic and professional preparation required
13 for endorsement shall be administered by the institution in
14 accordance with standards set forth by the State
15 Superintendent of Education in consultation with the State
16 Teacher Certification Board.
17 (b) No administrative certificate shall be issued for
18 the first time after June 30, 1987 and no endorsement
19 provided for by this Section shall be made or affixed to an
20 administrative certificate for the first time after June 30,
21 1987 unless the person to whom such administrative
22 certificate is to be issued or to whose administrative
23 certificate such endorsement is to be affixed has been
24 required to demonstrate as a part of a program of academic or
25 professional preparation for such certification or
26 endorsement: (i) an understanding of the knowledge called for
27 in establishing productive parent-school relationships and of
28 the procedures fostering the involvement which such
29 relationships demand; and (ii) an understanding of the
30 knowledge required for establishing a high quality school
31 climate and promoting good classroom organization and
32 management, including rules of conduct and instructional
33 procedures appropriate to accomplishing the tasks of
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1 schooling; and (iii) a demonstration of the knowledge and
2 skills called for in providing instructional leadership. The
3 standards for demonstrating an understanding of such
4 knowledge shall be set forth by the State Board of Education
5 in consultation with the State Teacher Certification Board,
6 and shall be administered by the recognized institutions of
7 higher learning as part of the programs of academic and
8 professional preparation required for certification and
9 endorsement under this Section. As used in this subsection:
10 "establishing productive parent-school relationships" means
11 the ability to maintain effective communication between
12 parents and school personnel, to encourage parental
13 involvement in schooling, and to motivate school personnel to
14 engage parents in encouraging student achievement, including
15 the development of programs and policies which serve to
16 accomplish this purpose; and "establishing a high quality
17 school climate" means the ability to promote academic
18 achievement, to maintain discipline, to recognize substance
19 abuse problems among students and utilize appropriate law
20 enforcement and other community resources to address these
21 problems, to support teachers and students in their education
22 endeavors, to establish learning objectives and to provide
23 instructional leadership, including the development of
24 policies and programs which serve to accomplish this purpose;
25 and "providing instructional leadership" means the ability to
26 effectively evaluate school personnel, to possess general
27 communication and interpersonal skills, and to establish and
28 maintain appropriate classroom learning environments. The
29 provisions of this subsection shall not apply to or affect
30 the initial issuance or making on or before June 30, 1987 of
31 any administrative certificate or endorsement provided for
32 under this Section, nor shall such provisions apply to or
33 affect the renewal after June 30, 1987 of any such
34 certificate or endorsement initially issued or made on or
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1 before June 30, 1987.
2 (c) Administrative certificates shall be renewed every
3 five years with the first renewal being five years following
4 the initial receipt of an administrative certificate. Renewal
5 requirements for administrators whose positions require
6 certification shall be based upon evidence of continuing
7 professional education which promotes the following goals:
8 (1) Improving administrators' knowledge of instructional
9 practices and administrative procedures; (2) Maintaining the
10 basic level of competence required for initial certification;
11 and (3) Improving the mastery of skills and knowledge
12 regarding the improvement of teaching performance in clinical
13 settings and assessment of the levels of student performance
14 in their schools. Evidence of continuing professional
15 education must include verification of biennial attendance in
16 a program developed by the Illinois Administrators' Academy
17 and verification of annual participation in a school district
18 approved activity which contributes to continuing
19 professional education. The State Board of Education, in
20 consultation with the State Teacher Certification Board,
21 shall develop procedures for implementing this Section and
22 shall administer the renewal of administrative certificates.
23 Failure to submit satisfactory evidence of continuing
24 professional education which contributes to promoting the
25 goals of this Section shall result in a loss of
26 administrative certification.
27 (d) Any limited or life supervisory certificate issued
28 prior to July 1, 1968 shall continue to be valid for all
29 administrative and supervisory positions in the public
30 schools for which it is valid as of that date as long as its
31 holder meets the requirements for registration or renewal as
32 set forth in the statutes or until revoked according to law.
33 (e) The administrative or supervisory positions for
34 which the certificate shall be valid shall be determined by
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1 one or more of 3 endorsements: general supervisory, general
2 administrative and superintendent.
3 Subject to the provisions of Section 21-1a, endorsements
4 shall be made under conditions set forth in this Section.
5 The State Board of Education shall, in consultation with the
6 State Teacher Certification Board, adopt rules pursuant to
7 the Illinois Administrative Procedure Act, establishing
8 requirements for obtaining administrative certificates where
9 the minimum administrative or supervisory requirements
10 surpass those set forth in this Section.
11 The State Teacher Certification Board shall file with the
12 State Board of Education a written recommendation when
13 considering additional administrative or supervisory
14 requirements. All additional requirements shall be based
15 upon the requisite knowledge necessary to perform those tasks
16 required by the certificate. The State Board of Education
17 shall in consultation with the State Teacher Certification
18 Board, establish standards within its rules which shall
19 include the academic and professional requirements necessary
20 for certification. These standards shall at a minimum
21 contain, but not be limited to, those used by the State Board
22 of Education in determining whether additional knowledge will
23 be required. Additionally, the State Board of Education
24 shall in consultation with the State Teacher Certification
25 Board, establish provisions within its rules whereby any
26 member of the educational community or the public may file a
27 formal written recommendation or inquiry regarding
28 requirements.
29 (1) The general supervisory endorsement shall be
30 affixed to the administrative certificate of any holder
31 who has at least 16 semester hours of graduate credit in
32 professional education including 8 semester hours of
33 graduate credit in curriculum and research and who has at
34 least 2 years of full-time teaching experience or school
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1 service personnel experience in public schools, schools
2 under the supervision of the Department of Corrections,
3 schools under the administration of the Department of
4 Rehabilitation Services, or nonpublic schools meeting the
5 standards established by the State Superintendent of
6 Education or comparable out-of-state recognition
7 standards approved by the State Superintendent of
8 Education.
9 Such endorsement shall be required for supervisors,
10 curriculum directors and for such similar and related
11 positions as determined by the State Superintendent of
12 Education in consultation with the State Teacher
13 Certification Board.
14 (2) The general administrative endorsement shall be
15 affixed to the administrative certificate of any holder
16 who has at least 20 semester hours of graduate credit in
17 educational administration and supervision and who has at
18 least 2 years of full-time teaching experience or school
19 service personnel experience in public schools, schools
20 under the supervision of the Department of Corrections,
21 schools under the administration of the Department of
22 Rehabilitation Services, or nonpublic schools meeting the
23 standards established by the State Superintendent of
24 Education or comparable out-of-state recognition
25 standards approved by the State Superintendent of
26 Education.
27 Such endorsement shall be required for principal,
28 assistant principal, assistant or associate
29 superintendent, junior college dean and for related or
30 similar positions as determined by the State
31 Superintendent of Education in consultation with the
32 State Teacher Certification Board.
33 Notwithstanding any other provisions of this Act,
34 after January 1, 1990 and until January 1, 1991, any
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1 teacher employed by a district subject to Article 34
2 shall be entitled to receive an administrative
3 certificate with a general administrative endorsement
4 affixed thereto if he or she: (i) had at least 3 years of
5 experience as a certified teacher for such district prior
6 to August 1, 1985; (ii) obtained a Master's degree prior
7 to August 1, 1985; (iii) completed at least 20 hours of
8 graduate credit in education courses (including at least
9 12 hours in educational administration and supervision)
10 prior to September 1, 1987; and (iv) has received a
11 rating of superior for at least each of the last 5 years.
12 Any person who obtains an administrative certificate with
13 a general administrative endorsement affixed thereto
14 under this paragraph shall not be qualified to serve in
15 any administrative position except assistant principal.
16 (3) The chief school business official endorsement
17 shall be affixed to the administrative certificate of any
18 holder who qualifies by having a Master's degree, two
19 years of administrative experience in school business
20 management, and a minimum of 20 semester hours of
21 graduate credit in a program established by the State
22 Superintendent of Education in consultation with the
23 State Teacher Certification Board for the preparation of
24 school business administrators. Such endorsement shall
25 also be affixed to the administrative certificate of any
26 holder who qualifies by having a Master's Degree in
27 Business Administration, Finance or Accounting from a
28 regionally accredited institution of higher education.
29 After June 30, 1977, such endorsement shall be
30 required for any individual first employed as a chief
31 school business official.
32 (4) The superintendent endorsement shall be affixed to
33 the administrative certificate of any holder who has
34 completed 30 semester hours of graduate credit beyond the
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1 master's degree in a program for the preparation of
2 superintendents of schools including 16 semester hours of
3 graduate credit in professional education and who has at
4 least 2 years experience as an administrator or supervisor in
5 the public schools or the State Board of Education or
6 education service regions or in nonpublic schools meeting the
7 standards established by the State Superintendent of
8 Education or comparable out-of-state recognition standards
9 approved by the State Superintendent of Education and holds
10 general supervisory or general administrative endorsement, or
11 who has had 2 years of experience as a supervisor or
12 administrator while holding an all-grade supervisory
13 certificate or a certificate comparable in validity and
14 educational and experience requirements.
15 After June 30, 1968, such endorsement shall be required
16 for a superintendent of schools, except as provided in the
17 second paragraph of this Section and in Section 34-6.
18 Any person appointed to the position of superintendent
19 between the effective date of this Act and June 30, 1993 in a
20 school district organized pursuant to Article 32 with an
21 enrollment of at least 20,000 pupils shall be exempt from the
22 provisions of this Subsection (4) until June 30, 1996.
23 (f) All official interpretations or acts of issuing or
24 denying administrative certificates or endorsements by the
25 State Teacher's Certification Board, State Board of Education
26 or the State Superintendent of Education, from the passage of
27 P.A. 81-1208 on November 8, 1979 through September 24, 1981
28 are hereby declared valid and legal acts in all respects and
29 further that the purported repeal of the provisions of this
30 Section by P.A. 81-1208 and P.A. 81-1509 is declared null and
31 void.
32 (g) Notwithstanding any other provisions of this
33 Section, July 1, 1998 and thereafter, all actions that are to
34 be taken and all responsibilities that are to be exercised by
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1 and all decisions that are to be made under this Section
2 before that date by the State Superintendent of Education a
3 State Board of Education in consultation with the State
4 Teacher Consultation with the State Teacher Certification
5 Board shall instead be taken, exercised, or made by the State
6 Superintendent of Education or State Board of Education, as
7 the case may be, in consultation with the School
8 Administrator Standards Board and the Professional Teacher
9 Standards Board.
10 (Source: P.A. 89-626, eff. 8-9-96.)
11 (105 ILCS 5/21-10) (from Ch. 122, par. 21-10)
12 Sec. 21-10. Provisional certificate.
13 (A) Until July 1, 1972, the State Teacher Certification
14 Board may issue a provisional certificate valid for teaching
15 in elementary, high school or special subject fields subject
16 to the following conditions:
17 A provisional certificate may be issued to a person who
18 presents certified evidence of having earned a bachelor's
19 degree from a recognized institution of higher learning. The
20 academic and professional courses offered as a basis of the
21 provisional certificate shall be courses approved by the
22 State Board of Education in consultation with the State
23 Teacher Certification Board.
24 A certificate earned under this plan may be renewed at
25 the end of each two-year period upon evidence filed with the
26 State Teacher Certification Board that the holder has earned
27 8 semester hours of credit within the period; provided the
28 requirements for the certificate of the same type issued for
29 the teaching position for which the teacher is employed shall
30 be met by the end of the second renewal period. A second
31 provisional certificate shall not be issued. The credits so
32 earned must be approved by the State Board of Education in
33 consultation with the State Teacher Certification Board and
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1 must meet the general pattern for a similar type of
2 certificate issued on the basis of credit. No more than 4
3 semester hours shall be chosen from elective subjects.
4 (B) After July 1, 1972, the State Teacher Certification
5 Board may issue a provisional certificate valid for teaching
6 in early childhood, elementary, high school or special
7 subject fields, or for providing service as school service
8 personnel or for administering schools subject to the
9 following conditions: A provisional certificate may be issued
10 to a person who meets the requirements for a regular
11 teaching, school service personnel or administrative
12 certificate in another State and who presents certified
13 evidence of having earned a bachelor's degree from a
14 recognized institution of higher learning. The academic and
15 professional courses offered as a basis of the provisional
16 certificate shall be courses approved by the State Board of
17 Education in consultation with the State Teacher
18 Certification Board. A certificate earned under this plan is
19 valid for a period of 2 years and shall not be renewed;
20 however, the individual to whom this certificate is issued
21 shall have passed or shall pass the examinations and other
22 criteria set forth by the State Board of Education basic
23 skills test and subject matter knowledge test or tests within
24 9 months of the date of issuance of the provisional
25 certificate. Failure to pass the tests, required in Section
26 21-1a, shall result in the cancellation of the provisional
27 certificate.
28 (C) The State Teacher Certification Board may also issue
29 a provisional vocational certificate and a temporary
30 provisional vocational certificate.
31 (1) The requirements for a provisional vocational
32 certificate shall be determined by the State Board of
33 Education in consultation with the State Teacher Board;
34 provided, the following minimum requirements are met: (a)
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1 after July 1, 1972, at least 30 semester hours of credit
2 from a recognized institution of higher learning; and (b)
3 after July 1, 1974, at least 60 semester hours of credit
4 from a recognized institution of higher learning.
5 (2) The requirements for a temporary provisional
6 vocational certificate shall be determined by the State
7 Board of Education in consultation with the State Teacher
8 Certification Board; provided, the following minimum
9 requirements are met: (a) after July 1, 1973, at least
10 4,000 hours of work experience in the skill to be
11 certified for teaching; and (b) after July 1, 1975, at
12 least 8,000 hours of work experience in the skill to be
13 certified for teaching. Any certificate issued under the
14 provisions of this paragraph shall expire on June 30
15 following the date of issue. Renewals may be granted on
16 a yearly basis, but shall not be granted to any person
17 who does not file with the State Teacher Certification
18 Board a transcript showing at least 3 semester hours of
19 credit earned during the previous year in a recognized
20 institution of learning. No such certificate shall be
21 issued except upon certification by the employing board,
22 subject to the approval of the regional superintendent of
23 schools, that no qualified teacher holding a regular
24 certificate or a provisional vocational certificate is
25 available and that actual circumstances and need require
26 such issuance.
27 The courses or work experience offered as a basis for the
28 issuance of the provisional vocational certificate or the
29 temporary provisional vocational certificate shall be
30 approved by the State Board of Education in consultation with
31 the State Teacher Certification Board.
32 (D) Until July 1, 1972, the State Teacher Certification
33 Board may also issue a provisional foreign language
34 certificate valid for 4 years for teaching the foreign
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1 language named therein in all grades of the common schools
2 and shall be issued to persons who have graduated from a
3 recognized institution of higher learning with not fewer than
4 120 semester hours of credit and who have met other
5 requirements as determined by the State Board of Education in
6 consultation with the State Teacher Certification Board. If
7 the holder of a provisional foreign language certificate is
8 not a citizen of the United States within 6 years of the date
9 of issuance of the original certificate, such certificate
10 shall be suspended by the regional superintendent of schools
11 of the region in which the holder is engaged to teach and
12 shall not be reinstated until the holder is a citizen of the
13 United States.
14 (E) Notwithstanding anything in this Act to the
15 contrary, the State Teacher Certification Board shall issue
16 part-time provisional certificates to eligible individuals
17 who are professionals and craftsmen.
18 The requirements for a part-time provisional teachers
19 certificate shall be determined by the State Board of
20 Education in consultation with the State Teacher
21 Certification Board, provided the following minimum
22 requirements are met: 60 semester hours of credit from a
23 recognized institution of higher learning or 4000 hours of
24 work experience in the skill to be certified for teaching.
25 A part-time provisional certificate may be issued for
26 teaching no more than 2 courses of study for grades 6 through
27 12.
28 A part-time provisional teachers certificate shall be
29 valid for 2 years and may be renewed at the end of each 2
30 year period.
31 (Source: P.A. 88-204.)
32 (105 ILCS 5/21-11.1) (from Ch. 122, par. 21-11.1)
33 Sec. 21-11.1. Certificates for equivalent
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1 qualifications. An applicant who holds or is eligible to hold
2 a teacher's certificate or license under the laws of another
3 state or territory of the United States may be granted a
4 corresponding teacher's certificate in Illinois on the
5 written authorization of the State Board of Education and the
6 State Teacher Certification Board upon the following
7 conditions:
8 (1) That the applicant is at least 19 years of age,
9 is of good character, good health and a citizen of the
10 United States; and
11 (2) That the requirements for a similar teacher's
12 certificate in the particular state or territory were, at
13 the date of issuance of the certificate, substantially
14 equal to the requirements in force at the time the
15 application is made for the certificate in this State.
16 After January 1, 1988, in addition to satisfying the
17 foregoing conditions and requirements, an applicant for a
18 corresponding teaching certificate in Illinois also shall be
19 required to pass the examinations test of basic skills and
20 subject matter knowledge required under the provisions of
21 Section 21-1a as directed by the State Board of Education.
22 In determining good character under this Section, any
23 felony conviction of the applicant may be taken into
24 consideration, but the conviction shall not operate as a bar
25 to registration.
26 The State Board of Education in consultation with the
27 State Teacher Certification Board shall prescribe rules and
28 regulations establishing the similarity of certificates in
29 other states and the standards for determining the
30 equivalence of requirements.
31 (Source: P.A. 87-242.)
32 (105 ILCS 5/21-11.3) (from Ch. 122, par. 21-11.3)
33 Sec. 21-11.3. Resident teacher certificate. A resident
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1 teacher certificate shall be valid for 2 years for employment
2 as a resident teacher in a public school. It shall be issued
3 only to persons who have graduated from a recognized
4 institution of higher education with a bachelor's degree, who
5 are enrolled in a program of preparation approved by the
6 State Superintendent of Education in consultation with the
7 State Teacher Certification Board, and who have passed the
8 appropriate tests as required in test of basic skills
9 required by Section 21-1a and as determined by the State
10 Board of Education. A resident teacher certificate may be
11 issued for teaching children through grade 3 or for grades
12 K-9, 6-12, or K-12 in a special subject area and may not be
13 renewed. A resident teacher may teach only in conjunction
14 with and under the direction of a certified teacher and shall
15 not teach in place of a certified teacher.
16 (Source: P.A. 87-222.)
17 (105 ILCS 5/21-11.4)
18 Sec. 21-11.4. Illinois Teacher Corps.
19 (a) The General Assembly finds and determines that (i)
20 it is important to encourage the entry of qualified
21 professionals into elementary and secondary teaching as a
22 second career; and (ii) there are a number of individuals who
23 have bachelors' degrees, experience in the work force, and an
24 interest in serving youth that creates a special talent pool
25 with great potential for enriching the lives of Illinois
26 children as teachers. To provide this talent pool with the
27 opportunity to serve children as teachers, school districts,
28 colleges, and universities are encouraged, as part of the
29 public policy of this State, to enter into collaborative
30 programs to educate and induct these non-traditional
31 candidates into the teaching profession. To facilitate the
32 certification of such candidates, the State Board of
33 Education, in consultation with the State Teacher
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1 Certification Board, shall assist institutions of higher
2 education and school districts with the implementation of the
3 Illinois Teacher Corps.
4 (b) Individuals who wish to become candidates for the
5 Illinois Teacher Corps program must earn a resident teacher
6 certificate as defined in Section 21-11.3, including:
7 (1) graduation from a recognized institution of
8 higher education with a bachelor's degree and at least a
9 3.00 out of a 4.00 grade point average;
10 (2) a minimum of 5 years of professional experience
11 in the area the candidate wishes to teach;
12 (3) passing the examinations required by the State
13 Board of Education test of basic skills and subject
14 matter required by Section 21-1a;
15 (4) enrollment in a Masters of Education Degree
16 program approved by the State Superintendent of Education
17 in consultation with the State Teacher Certification
18 Board; and
19 (5) completion of a 6 week summer intensive teacher
20 preparation course which is the first component of the
21 Masters Degree program.
22 (c) School districts may hire an Illinois Teacher Corps
23 candidate after the candidate has received his or her
24 resident teacher certificate. The school district has the
25 responsibility of ensuring that the candidates receive the
26 supports necessary to become qualified, competent and
27 productive teachers. To be eligible to participate in the
28 Illinois Teacher Corps program, school districts must provide
29 a minimum of the following supports to the candidates:
30 (1) a salary and benefits package as negotiated
31 through the teacher contracts;
32 (2) a mentor certified teacher who will provide
33 guidance to one or more candidates under a program
34 developed collaboratively by the school district and
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1 university;
2 (3) at least quarterly evaluations performed of
3 each candidate jointly by the mentor teacher and the
4 principal of the school or the principal's designee; and
5 (4) a written and signed document from the school
6 district outlining the support the district intends to
7 provide to the candidates, for approval by the State
8 Teacher Certification Board.
9 (d) Illinois institutions of higher education shall work
10 collaboratively with school districts and the State Teacher
11 Certification Board to academically prepare the candidates
12 for the teaching profession. To be eligible to participate,
13 the College or School of Education of a participating
14 Illinois institution of higher education must develop a
15 curriculum that provides, upon completion, a Masters Degree
16 in Education for the candidates. The Masters Degree program
17 must:
18 (1) receive approval from the State Teacher
19 Certification Board; and
20 (2) take no longer than 3 summers and 2 academic
21 years to complete, and balance the needs and time
22 constraints of the candidates.
23 (e) Upon successful completion of the Masters Degree
24 program, the candidate receives an Initial Teaching
25 Certificate becomes a fully certified teacher in the State of
26 Illinois and all other general education academic coursework
27 deficiencies are waived.
28 (f) If an individual wishes to become a candidate in the
29 Illinois Teacher Corps program, but does not possess 5 years
30 of professional experience, the individual may qualify for
31 the program by participating in a one year internship
32 teacher preparation program with a school district. The one
33 year internship shall be developed collaboratively by the
34 school district and the Illinois institution of higher
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1 education, and shall be approved by the State Teacher
2 Certification Board.
3 (g) The State Board of Education is authorized to award
4 grants to school districts that seek to prepare candidates
5 for the teaching profession who have bachelors' degrees and
6 professional work experience in subjects relevant to teaching
7 fields, but who do not have formal preparation for teaching.
8 Grants may be made to school districts for up to $3,000 per
9 candidate when the school district, in cooperation with a
10 public or private university and the school district's
11 teacher bargaining unit, develop a program designed to
12 prepare teachers pursuant to the Illinois Teacher Corps
13 program under this Section.
14 (Source: P.A. 88-204.)
15 (105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
16 Sec. 21-14. Registration and renewal of certificates.)
17 (a) A limited four-year certificate or a certificate
18 issued after July 1, 1955, shall be renewable at its
19 expiration or within 60 days thereafter by the county
20 superintendent of schools having supervision and control over
21 the school where the teacher is teaching upon certified
22 evidence of meeting the requirements for renewal as required
23 by this Act and prescribed by the State Board of Education in
24 consultation with the State Teacher Certification Board. An
25 elementary supervisory certificate shall not be renewed at
26 the end of the first four-year period covered by the
27 certificate unless the holder thereof has filed certified
28 evidence with the State Teacher Certification Board that he
29 has a master's degree or that he has earned 8 semester hours
30 of credit in the field of educational administration and
31 supervision in a recognized institution of higher learning.
32 The holder shall continue to earn 8 semester hours of credit
33 each four-year period until such time as he has earned a
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1 master's degree.
2 All certificates not renewed or registered as herein
3 provided shall lapse after a period of 4 years from the
4 expiration of the last year of registration. Such
5 certificates may be reinstated for a one year period upon
6 payment of all accumulated registration fees. Such
7 reinstated certificates shall only be renewed: (1) by earning
8 5 semester hours of credit in a recognized institution of
9 higher learning in the field of professional education or in
10 courses related to the holder's contractual teaching duties;
11 or (2) by presenting evidence of holding a valid regular
12 certificate of some other type. Any certificate may be
13 voluntarily surrendered by the certificate holder. A
14 voluntarily surrendered certificate shall be treated as a
15 revoked certificate.
16 The provisions of this subsection (a) are subject to the
17 provisions of subsection (b).
18 (b) Teaching and administrative certificates and
19 endorsements issued before July 1, 1998 that expire on or
20 after July 1, 2000 are renewable as Standard Teaching
21 Certificates or as administrative certificates or
22 endorsements, as the case may be, for additional 5-year
23 periods, provided that the teacher or administrator
24 successfully completes such additional requirements,
25 including examinations, continuing education, and such
26 evidence of professional growth as the Professional Teacher
27 Standards Board shall by rule establish. The Professional
28 Teacher Standards Board may set additional standards and
29 other criteria for renewal, which may include peer review and
30 other forms of evaluation. Teaching and administrative
31 certificates and endorsements issued before July 1, 1998 that
32 expire before July 1, 2000 are renewable as Standard Teaching
33 Certificates or as administrative certificates or
34 endorsements, as the case may be, for additional 5-year
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1 periods as provided in this subsection (b), except that the
2 Professional Teacher Standards Board shall afford the holders
3 of those certificates and endorsements such additional time
4 as the Board determines is reasonably required to enable
5 those certificate holders to satisfy the additional renewal
6 requirements established by this subsection (b). Initial
7 Teaching Certificates issued under this Article are
8 non-renewable, except that the Professional Teacher Standards
9 Board may, in appropriate cases extend the term of an Initial
10 Teaching Certificate if the individual to whom that
11 certificate is issued has not completed 4 years of teaching
12 under that certificate. A Standard Teaching Certificate
13 issued to replace an Initial Teaching Certificate which has
14 expired or an administrative certificate or endorsement that
15 is first issued on or after July 1, 1998 and thereafter
16 expires is valid for 5 years and renewable for additional
17 5-year periods, provided that the teacher or administrator
18 successfully completes such additional requirements,
19 including examinations, continuing education, evidence of
20 professional growth, and such other criteria (which may
21 include peer review and other forms of evaluation) as the
22 Professional Teacher Standards Board shall by rule establish.
23 A Master Certificate is renewable for additional 7-year
24 periods subject to such renewal requirements as the
25 Professional Teacher Standards Board shall by rule establish.
26 Notwithstanding the foregoing provisions of this Section, any
27 new or additional requirements that are applicable to the
28 renewal of administrative certificates or endorsements shall
29 be established by the Professional Teacher Standards Board in
30 consultation with the School Administrator Standards Board
31 and shall not be implemented or enforced except with the
32 consent and approval of the School Administrator Standards
33 Board.
34 (Source: P.A. 86-400.)
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1 (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
2 Sec. 24-11. Boards of Education - Boards of School
3 Inspectors - Contractual continued service. As used in this
4 and the succeeding Sections of this Article:,
5 "Teacher" means any or all school district employees
6 regularly required to be certified under laws relating to the
7 certification of teachers.,
8 "Board" means board of directors, board of education, or
9 board of school inspectors, as the case may be., and
10 "School term" means that portion of the school year, July
11 1 to the following June 30, when school is in actual session.
12 This Section and Sections 24-12 through 24-16 of this
13 Article apply only to school districts having less than
14 500,000 inhabitants.
15 Any teacher who has been employed in any district as a
16 full-time teacher for a probationary period of 2 consecutive
17 school terms shall enter upon contractual continued service
18 unless given written notice of dismissal stating the specific
19 reason therefor, by certified mail, return receipt requested
20 by the employing board at least 45 60 days before the end of
21 such period; except that for a teacher who is first employed
22 by a school district on or after July 1, 1997 and who has not
23 before that date already entered upon contractual continued
24 service in that district, the probationary period shall be 4
25 consecutive school terms before the teacher shall enter upon
26 contractual continued service. For the purpose of
27 determining contractual continued service, the first
28 probationary year shall be any full-time employment under an
29 initial or standard teaching certificate from a date before
30 November 1 through the end of the school year. If, however,
31 a teacher has not had one school term of full-time teaching
32 experience before the beginning of such probationary period,
33 the employing board may at its option extend such
34 probationary period for one additional school term by giving
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1 the teacher written notice by certified mail, return receipt
2 requested at least 60 days before the end of the second
3 school term of the period of 2 consecutive school terms
4 referred to above. Such notice must state the reasons for
5 the one year extension and must outline the corrective
6 actions which the teacher should take to satisfactorily
7 complete probation.
8 Any full-time teacher who is completing the first year of
9 the probationary period described in the preceding paragraph,
10 or any teacher employed on a full-time basis not later than
11 January 1 of the school term, shall receive written notice
12 from the employing board at least 45 60 days before the end
13 of any school term whether or not he will be re-employed for
14 the following school term. If the board fails to give such
15 notice, the employee shall be deemed reemployed, and not
16 later than the close of the then current school term the
17 board shall issue a regular contract to the employee as
18 though the board had reemployed him in the usual manner.
19 Contractual continued service shall continue in effect
20 the terms and provisions of the contract with the teacher
21 during the last school term of the probationary period,
22 subject to this Act and the lawful regulations of the
23 employing board. This Section and succeeding Sections do not
24 modify any existing power of the board except with respect to
25 the procedure of the discharge of a teacher and reductions in
26 salary as hereinafter provided. Contractual continued service
27 status shall not restrict the power of the board to transfer
28 a teacher to a position which the teacher is qualified to
29 fill or to make such salary adjustments as it deems
30 desirable, but unless reductions in salary are uniform or
31 based upon some reasonable classification, any teacher whose
32 salary is reduced shall be entitled to a notice and a hearing
33 as hereinafter provided in the case of certain dismissals or
34 removals.
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1 The employment of any teacher in a program of a special
2 education joint agreement established under Section 3-15.14,
3 10-22.31 or 10-22.31a shall be under this and succeeding
4 Sections of this Article. For purposes of attaining and
5 maintaining contractual continued service and computing
6 length of continuing service as referred to in this Section
7 and Section 24-12, employment in a special educational joint
8 program shall be deemed a continuation of all previous
9 certificated employment of such teacher for such joint
10 agreement whether the employer of the teacher was the joint
11 agreement, the regional superintendent, or one of the
12 participating districts in the joint agreement.
13 Any teacher employed after July 1, 1987 as a full-time
14 teacher in a program of a special education joint agreement,
15 whether the program is operated by the joint agreement or a
16 member district on behalf of the joint agreement, for a
17 probationary period of two consecutive years shall enter upon
18 contractual continued service in all of the programs
19 conducted by such joint agreement which the teacher is
20 legally qualified to hold; except that for a teacher who is
21 first employed on or after July 1, 1997 in a program of a
22 special education joint agreement and who has not before that
23 date already entered upon contractual continued service in
24 all of the programs conducted by the joint agreement that the
25 teacher is legally qualified to hold, the probationary period
26 shall be 4 consecutive years before the teacher enters upon
27 contractual continued service in all of those programs. In
28 the event of a reduction in the number of programs or
29 positions in the joint agreement, the teacher on contractual
30 continued service shall be eligible for employment in the
31 joint agreement programs for which the teacher is legally
32 qualified in order of greater length of continuing service in
33 the joint agreement unless an alternative method of
34 determining the sequence of dismissal is established in a
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1 collective bargaining agreement. In the event of the
2 dissolution of a joint agreement, the teacher on contractual
3 continued service who is legally qualified shall be assigned
4 to any comparable position in a member district currently
5 held by a teacher who has not entered upon contractual
6 continued service or held by a teacher who has entered upon
7 contractual continued service with shorter length of
8 contractual continued service.
9 The governing board of the joint agreement, or the
10 administrative district, if so authorized by the articles of
11 agreement of the joint agreement, rather than the board of
12 education of a school district, may carry out employment and
13 termination actions including dismissals under this Section
14 and Section 24-12.
15 For purposes of this and succeeding Sections of this
16 Article, a program of a special educational joint agreement
17 shall be defined as instructional, consultative, supervisory,
18 administrative, diagnostic, and related services which are
19 managed by the special educational joint agreement designed
20 to service two or more districts which are members of the
21 joint agreement.
22 Each joint agreement shall be required to post by
23 February 1, a list of all its employees in order of length of
24 continuing service in the joint agreement, unless an
25 alternative method of determining a sequence of dismissal is
26 established in an applicable collective bargaining agreement.
27 The employment of any teacher in a special education
28 program authorized by Section 14-1.01 through 14-14.01, or a
29 joint educational program established under Section
30 10-22.31a, shall be under this and the succeeding Sections of
31 this Article, and such employment shall be deemed a
32 continuation of the previous employment of such teacher in
33 any of the participating districts, regardless of the
34 participation of other districts in the program. Any teacher
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1 employed as a full-time teacher in a special education
2 program prior to September 23, 1987 in which 2 or more school
3 districts participate for a probationary period of 2
4 consecutive years shall enter upon contractual continued
5 service in each of the participating districts, subject to
6 this and the succeeding Sections of this Article, and in the
7 event of the termination of the program shall be eligible for
8 any vacant position in any of such districts for which such
9 teacher is qualified.
10 (Source: P.A. 85-1163; 85-1209; 85-1440.)
11 (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
12 Sec. 24-12. Removal or dismissal of teachers in
13 contractual continued service. If a teacher in contractual
14 continued service is removed or dismissed as a result of a
15 decision of the board to decrease the number of teachers
16 employed by the board or to discontinue some particular type
17 of teaching service, written notice shall be mailed to the
18 teacher and also given the teacher either by certified mail,
19 return receipt requested or personal delivery with receipt at
20 least 45 60 days before the end of the school term, together
21 with a statement of honorable dismissal and the reason
22 therefor, and in all such cases the board shall first remove
23 or dismiss all teachers who have not entered upon contractual
24 continued service before removing or dismissing any teacher
25 who has entered upon contractual continued service and who is
26 legally qualified to hold a position currently held by a
27 teacher who has not entered upon contractual continued
28 service. As between teachers who have entered upon
29 contractual continued service, the teacher or teachers with
30 the shorter length of continuing service with the district
31 shall be dismissed first unless an alternative method of
32 determining the sequence of dismissal is established in a
33 collective bargaining agreement or contract between the board
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1 and a professional faculty members' organization and except
2 that this provision shall not impair the operation of any
3 affirmative action program in the district, regardless of
4 whether it exists by operation of law or is conducted on a
5 voluntary basis by the board. Any teacher dismissed as a
6 result of such decrease or discontinuance shall be paid all
7 earned compensation on or before the third business day
8 following the last day of pupil attendance in the regular
9 school term. If the board has any vacancies for the
10 following school term or within one calendar year from the
11 beginning of the following school term, the positions thereby
12 becoming available shall be tendered to the teachers so
13 removed or dismissed so far as they are legally qualified to
14 hold such positions; provided, however, that if the number of
15 honorable dismissal notices based on economic necessity
16 exceeds 15% of the number of full time equivalent positions
17 filled by certified employees (excluding principals and
18 administrative personnel) during the preceding school year,
19 then if the board has any vacancies for the following school
20 term or within 2 calendar years from the beginning of the
21 following school term, the positions so becoming available
22 shall be tendered to the teachers who were so notified and
23 removed or dismissed whenever they are legally qualified to
24 hold such positions. Each board shall, in consultation with
25 any exclusive employee representatives, each year establish a
26 list, categorized by positions, showing the length of
27 continuing service of each teacher who is qualified to hold
28 any such positions, unless an alternative method of
29 determining a sequence of dismissal is established as
30 provided for in this Section, in which case a list shall be
31 made in accordance with the alternative method. Copies of
32 the list shall be distributed to the exclusive employee
33 representative on or before February 1 of each year.
34 Whenever the number of honorable dismissal notices based upon
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1 economic necessity exceeds 5, or 150% of the average number
2 of teachers honorably dismissed in the preceding 3 years,
3 whichever is more, then the board also shall hold a public
4 hearing on the question of the dismissals. Following the
5 hearing and board review the action to approve any such
6 reduction shall require a majority vote of the board members.
7 If a dismissal or removal is sought for any other reason
8 or cause, including those under Section 10-22.4, the board
9 must first approve a motion containing specific charges by a
10 majority vote of all its members. Written notice of such
11 charges shall be served upon the teacher within 5 days of the
12 adoption of the motion. Such notice shall contain a bill of
13 particulars. No hearing upon the charges is required unless
14 the teacher within 10 days after receiving notice requests in
15 writing of the board that a hearing be scheduled, in which
16 case the board shall schedule a hearing on those charges
17 before a disinterested hearing officer on a date no less than
18 15 nor more than 30 days after the enactment of the motion.
19 The secretary of the school board shall forward a copy of the
20 notice to the State Board of Education. Within 5 days after
21 receiving this notice of hearing, the State Board of
22 Education shall provide a list of 5 prospective, impartial
23 hearing officers. Each person on the list must be accredited
24 by a national arbitration organization, and have had a
25 minimum of 5 years experience directly related to labor and
26 employment relations matters between educational employers
27 and educational employees or their exclusive bargaining
28 representatives. No one on the list may be a resident of the
29 school district. The board and the teacher or their legal
30 representatives within 3 days shall alternately strike one
31 name from the list until only one name remains. Unless
32 waived by the teacher, the teacher shall have the right to
33 proceed first with the striking. Within 3 days of receipt of
34 the first list provided by the State Board of Education, the
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1 board and the teacher or their legal representatives shall
2 each have the right to reject all prospective hearing
3 officers named on the first list and to require the State
4 Board of Education to provide a second list of 5 prospective,
5 impartial hearing officers, none of whom were named on the
6 first list. Within 5 days after receiving this request for a
7 second list, the State Board of Education shall provide the
8 second list of 5 prospective, impartial hearing officers.
9 The procedure for selecting a hearing officer from the second
10 list shall be the same as the procedure for the first list.
11 In the alternative to selecting a hearing officer from the
12 first or second list received from the State Board of
13 Education, the board and the teacher or their legal
14 representatives may mutually agree to select an impartial
15 hearing officer who is not on a list received from the State
16 Board of Education either by direct appointment by the
17 parties or by using procedures for the appointment of an
18 arbitrator established by the Federal Mediation and
19 Conciliation Service or the American Arbitration Association.
20 The parties shall notify the State Board of Education of
21 their intent to select a hearing officer using an alternative
22 procedure within 3 days of receipt of a list of prospective
23 hearing officers provided by the State Board of Education.
24 Any person selected by the parties under this alternative
25 procedure for the selection of a hearing officer shall not be
26 a resident of the school district and shall have the same
27 qualifications and authority as a hearing officer selected
28 from a list provided by the State Board of Education. The
29 State Board of Education shall promulgate uniform standards
30 and rules of procedure for such hearings. As to prehearing
31 discovery, such rules and regulations shall, at a minimum,
32 allow for: (1) discovery of names and addresses of persons
33 who may be called as expert witnesses at the hearing, the
34 omission of any such name to result in a preclusion of the
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1 testimony of such witness in the absence of a showing of good
2 cause and the express permission of the hearing officer; (2)
3 bills of particulars; (3) written interrogatories; and (4)
4 production of relevant documents. The per diem allowance for
5 the hearing officer shall be determined and paid by the State
6 Board of Education and may not exceed $300. The hearing
7 officer shall hold a hearing and render a final decision.
8 The hearing shall be public at the request of either the
9 teacher or the board. The teacher has the privilege of being
10 present at the hearing with counsel and of cross-examining
11 witnesses and may offer evidence and witnesses and present
12 defenses to the charges. The hearing officer may issue
13 subpoenas and subpoenas duces tecum requiring the attendance
14 of witnesses and, at the request of the teacher against whom
15 a charge is made or the board, shall issue such subpoenas,
16 but the hearing officer may limit the number of witnesses to
17 be subpoenaed in behalf of the teacher or the board to not
18 more than 10. All testimony at the hearing shall be taken
19 under oath administered by the hearing officer. The hearing
20 officer shall cause a record of the proceedings to be kept
21 and shall employ a competent reporter to take stenographic or
22 stenotype notes of all the testimony. The costs of the
23 reporter's attendance and services at the hearing shall be
24 paid by the State Board of Education. Either party desiring a
25 transcript of the hearing shall pay for the cost thereof. If
26 in the opinion of the board the interests of the school
27 require it, the board may suspend the teacher pending the
28 hearing, but if acquitted the teacher shall not suffer the
29 loss of any salary by reason of the suspension.
30 Before setting a hearing on charges stemming from causes
31 that are considered remediable, a board must give the teacher
32 reasonable warning in writing, stating specifically the
33 causes which, if not removed, may result in charges; however,
34 no such written warning shall be required if the causes have
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1 been the subject of a remediation plan pursuant to Article
2 24A. The hearing officer shall consider and give weight to
3 all of the teacher's evaluations written pursuant to Article
4 24A. The hearing officer shall, within 30 days from the
5 conclusion of the hearing or closure of the record, whichever
6 is later with reasonable dispatch, make a decision as to
7 whether or not the teacher shall be dismissed and shall give
8 a copy of the decision to both the teacher and the school
9 board. If the hearing officer fails to render a decision
10 within 30 days, the State Board of Education shall
11 communicate with the hearing officer to determine the date
12 that the parties can reasonably expect to receive the
13 decision. The State Board of Education shall provide copies
14 of all such communications to the parties. In the event the
15 hearing officer fails without good cause to make a decision
16 within the 30-day period, the name of such hearing officer
17 shall be struck for a period of not more than 24 months from
18 the master list of hearing officers maintained by the State
19 Board of Education. If a hearing officer fails without good
20 cause to render a decision within 3 months after the hearing
21 is concluded or the record is closed, whichever is later, the
22 State Board of Education shall provide the parties with a new
23 list of prospective, impartial hearing officers, with the
24 same qualifications provided herein, one of whom shall be
25 selected, as provided in this Section, to review the record
26 and render a decision. The parties may mutually agree to
27 select a hearing officer pursuant to the alternative
28 procedure, as provided in this Section, to rehear the charges
29 heard by the hearing officer who failed to render a decision.
30 If the hearing officer fails without good cause to render a
31 decision within 3 months after the hearing is concluded or
32 the record is closed, whichever is later, the hearing officer
33 shall be removed from the master list of hearing officers
34 maintained by the State Board of Education. The Board of
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1 Education shall not lose jurisdiction to discharge the
2 teacher if the hearing officer fails to render a decision
3 within the time specified in this Section. The decision of
4 the hearing officer is final unless reviewed as provided in
5 Section 24-16 of this Act. In the event such review is
6 instituted, any costs of preparing and filing the record of
7 proceedings shall be paid by the board.
8 If a decision of the hearing officer is adjudicated upon
9 review or appeal in favor of the teacher, then the trial
10 court shall order reinstatement and shall determine the
11 amount for which the board is liable including but not
12 limited to loss of income and costs incurred therein.
13 Any teacher who is reinstated by any hearing or
14 adjudication brought under this Section shall be assigned by
15 the board to a position substantially similar to the one
16 which that teacher held prior to that teacher's suspension or
17 dismissal.
18 If, by reason of any change in the boundaries of school
19 districts, or by reason of the creation of a new school
20 district, the position held by any teacher having a
21 contractual continued service status is transferred from one
22 board to the control of a new or different board, the
23 contractual continued service status of such teacher is not
24 thereby lost, and such new or different board is subject to
25 this Act with respect to such teacher in the same manner as
26 if such teacher were its employee and had been its employee
27 during the time such teacher was actually employed by the
28 board from whose control the position was transferred.
29 (Source: P.A. 89-618, eff. 8-9-96.)
30 (105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
31 Sec. 34-84. Appointments and promotions of teachers.
32 Appointments and promotions of teachers shall be made for
33 merit only, and after satisfactory service for a probationary
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1 period of 3 years with respect to probationary employees
2 employed as full-time teachers in the public school system of
3 the district before July 1, 1997 and 4 years with respect to
4 probationary employees who are first employed as full-time
5 teachers in the public school system of the district on or
6 after July 1, 1997 (during which period the board may dismiss
7 or discharge any such probationary employee upon the
8 recommendation, accompanied by the written reasons therefor,
9 of the general superintendent of schools) appointments of
10 teachers shall become permanent, subject to removal for cause
11 in the manner provided by Section 34-85.
12 A probationary year shall consist of any full-time
13 employment under an initial or a standard teaching
14 certificate from a date before November 1 through the end of
15 the school year.
16 As used in this Article, "teachers" means and includes
17 all members of the teaching force excluding the general
18 superintendent and principals.
19 There shall be no reduction in teachers because of a
20 decrease in student membership or a change in subject
21 requirements within the attendance center organization after
22 the 20th day following the first day of the school year,
23 except that: (1) this provision shall not apply to
24 desegregation positions, special education positions, or any
25 other positions funded by State or federal categorical funds,
26 and (2) at attendance centers maintaining any of grades 9
27 through 12, there may be a second reduction in teachers on
28 the first day of the second semester of the regular school
29 term because of a decrease in student membership or a change
30 in subject requirements within the attendance center
31 organization.
32 The school principal shall make the decision in selecting
33 teachers to fill new and vacant positions consistent with
34 Section 34-8.1.
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1 (Source: P.A. 88-338; 88-511; 89-15, eff. 5-30-95.)
2 Section 41. The School Code is amended by changing
3 Sections 1B-8, 2-3.51.5, 7-11, 10-22.20, 18-4.3, 18-8.4,
4 29-5, 34-8.4, and 34-18 as follows:
5 (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
6 Sec. 1B-8. There is created in the State Treasury a
7 special fund to be known as the School District Emergency
8 Financial Assistance Fund (the "Fund"). The School District
9 Emergency Financial Assistance Fund shall consist of
10 appropriations, grants from the federal government and
11 donations from any public or private source. Moneys in the
12 Fund may be appropriated only to the State Board for the
13 purposes of this Article. The appropriation may be allocated
14 and expended by the State Board as loans to school districts
15 which are the subject of an approved petition for emergency
16 financial assistance under Section 1B-4. From the amount
17 allocated to each such school district the State Board shall
18 identify a sum sufficient to cover all approved costs of the
19 Financial Oversight Panel established for the respective
20 school district. If the State Board and State Superintendent
21 of Education have not approved emergency financial assistance
22 in conjunction with the appointment of a Financial Oversight
23 Panel, the Panel's approved costs shall be paid from
24 deductions from the district's general State aid.
25 The Financial Oversight Panel may prepare and file with
26 the State Superintendent a proposal for emergency financial
27 assistance for the school district and for the operations
28 budget of the Panel. No expenditures shall be authorized by
29 the State Superintendent until he has approved the proposal
30 of the Panel, either as submitted or in such lesser amount
31 determined by the State Superintendent.
32 The maximum amount of emergency financial assistance
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1 which may be allocated to any school district under this
2 Article, including moneys necessary for the operations of the
3 Panel, shall not exceed $1000 times the number of pupils
4 enrolled in the school district during the school year ending
5 June 30 prior to the date of approval by the State Board of
6 the petition for emergency financial assistance, as certified
7 to the local board and the Panel by the State Superintendent.
8 The payment of emergency State financial assistance shall
9 be subject to appropriation by the General Assembly.
10 Emergency State financial assistance allocated and paid to a
11 school district under this Article may be applied to any fund
12 or funds from which the local board of education of that
13 district is authorized to make expenditures by law.
14 Any emergency financial assistance proposed by the
15 Financial Oversight Panel and approved by the State
16 Superintendent may be paid in its entirety during the initial
17 year of the Panel's existence or spread in equal or declining
18 amounts over a period of years not to exceed the period of
19 the Panel's existence. All payments made from the School
20 District Emergency Financial Assistance Fund for a school
21 district shall be required to be repaid, with simple interest
22 at the rate of 4%, not later than the date the Financial
23 Oversight Panel ceases to exist. The Panel shall establish
24 and the State Superintendent shall approve the terms and
25 conditions, including the schedule, of repayments. The
26 schedule shall provide for repayments commencing July 1 of
27 each year. Repayment shall be incorporated into the annual
28 budget of the school district and may be made from any fund
29 or funds of the district in which there are moneys available.
30 When moneys are repaid as provided herein they shall not be
31 made available to the local board for further use as
32 emergency financial assistance under this Article at any time
33 thereafter. All repayments required to be made by a school
34 district shall be received by the State Board and deposited
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1 in the School District Emergency Financial Assistance Fund.
2 In establishing the terms and conditions for the
3 repayment obligation of the school district the Panel shall
4 annually determine whether a separate local property tax levy
5 is required. The board of any school district with a tax
6 rate for educational purposes for the prior year of less than
7 120% of the maximum rate for educational purposes authorized
8 by Section 17-2 shall provide for a separate tax levy for
9 emergency financial assistance repayment purposes. Such tax
10 levy shall not be subject to referendum approval. The amount
11 of the levy shall be equal to the amount necessary to meet
12 the annual repayment obligations of the district as
13 established by the Panel, or 20% of the amount levied for
14 educational purposes for the prior year, whichever is less.
15 However, no district shall be required to levy the tax if the
16 district's operating tax rate as determined under
17 subparagraph (A)(5)(b) of Section 18-8 exceeds 200% of the
18 district's tax rate for educational purposes for the prior
19 year.
20 (Source: P.A. 88-618, eff. 9-9-94.)
21 (105 ILCS 5/2-3.51.5)
22 Sec. 2-3.51.5. School Safety and Educational Improvement
23 Block Grant Program. To improve the level of education and
24 safety of students from kindergarten through grade 12 in
25 school districts. The State Board of Education is authorized
26 to fund a School Safety and Educational Improvement Block
27 Grant Program.
28 (1) The program shall provide funding for school safety,
29 textbooks and software, teacher training and curriculum
30 development, school improvements, and remediation programs
31 under subsection (a) of Section 2-3.64. A school district or
32 laboratory school as defined in subsection (K) of B of
33 Section 18-8 is not required to file an application in order
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1 to receive the categorical funding to which it is entitled
2 under this Section. Funds for the School Safety and
3 Educational Improvement Block Grant Program shall be
4 distributed to school districts and laboratory schools based
5 on the prior year's best 3 months average daily attendance.
6 The State Board of Education shall promulgate rules and
7 regulations necessary for the implementation of this program.
8 (2) Distribution of moneys to school districts shall be
9 made in 2 semi-annual installments, one payment on or before
10 October 30, and one payment prior to April 30, of each fiscal
11 year.
12 (3) Grants under the School Safety and Educational
13 Improvement Block Grant Program shall be awarded provided
14 there is an appropriation for the program, and funding levels
15 for each district shall be prorated according to the amount
16 of the appropriation.
17 (Source: P.A. 89-610, eff. 8-6-96.)
18 (105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
19 Sec. 7-11. Annexation of dissolved non-operating
20 districts. If any school district has become dissolved as
21 provided in Section 5-32, or if a petition for dissolution is
22 filed under subsection (b) of Section 7-2a, the regional
23 board of school trustees shall attach the territory of such
24 dissolved district to one or more districts and, if the
25 territory is added to 2 or more districts, shall divide the
26 property of the dissolved district among the districts to
27 which its territory is added, in the manner provided for the
28 division of property in case of the organization of a new
29 district from a part of another district. The regional board
30 of school trustees of the region in which the regional
31 superintendent has supervision over the school district that
32 is dissolved shall have all power necessary to annex the
33 territory of the dissolved district as provided in this
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1 Section, including the power to attach the territory to a
2 school district under the supervision of the regional
3 superintendent of another educational service region. The
4 annexation of the territory of a dissolved school district
5 under this Section shall entitle the school districts
6 involved in the annexation to payments from the State Board
7 of Education under subsection (I) (A)(5)(m) of Section 18-8
8 and Sections 18-8.2 and 18-8.3 in the same manner and to the
9 same extent authorized in the case of other annexations under
10 this Article. Other provisions of this Article 7 of The
11 School Code shall apply to and govern dissolutions and
12 annexations under this Section and Section 7-2a, except that
13 it is the intent of the General Assembly that in the case of
14 conflict the provisions of this Section and Section 7-2a
15 shall control over the other provisions of this Article.
16 The regional board of school trustees shall give notice
17 of a hearing, to be held not less than 50 days nor more than
18 70 days after a school district is dissolved under Section
19 5-32 or a petition is filed under subsection (b) of Section
20 7-2a, on the disposition of the territory of such school
21 district by publishing a notice thereof at least once each
22 week for 2 successive weeks in at least one newspaper having
23 a general circulation within the area of the territory
24 involved. At such hearing, the regional board of school
25 trustees shall hear evidence as to the school needs and
26 conditions of the territory and of the area within and
27 adjacent thereto, and shall take into consideration the
28 educational welfare of the pupils of the territory and the
29 normal high school attendance pattern of the children. In the
30 case of an elementary school district if all the eighth grade
31 graduates of such district customarily attend high school in
32 the same high school district, the regional board of school
33 trustees shall, unless it be impossible because of the
34 restrictions of a special charter district, annex the
-195- LRB9002758THdvam02
1 territory of the district to a contiguous elementary school
2 district whose eighth grade graduates customarily attend that
3 high school, and that has an elementary school building
4 nearest to the center of the territory to be annexed, but if
5 such eighth grade graduates customarily attend more than one
6 high school the regional board of school trustees shall
7 determine the attendance pattern of such graduates and divide
8 the territory of the district among the contiguous elementary
9 districts whose graduates attend the same respective high
10 schools.
11 The decision of the regional board of school trustees in
12 such matter shall be issued within 10 days after the
13 conclusion of the hearing and deemed an "administrative
14 decision" as defined in Section 3-101 of the Code of Civil
15 Procedure and any resident who appears at the hearing or any
16 petitioner may within 10 days after a copy of the decision
17 sought to be reviewed was served by registered mail upon the
18 party affected thereby file a complaint for the judicial
19 review of such decision in accordance with the
20 "Administrative Review Law", and all amendments and
21 modifications thereof and the rules adopted pursuant thereto.
22 The commencement of any action for review shall operate as a
23 stay of enforcement, and no further proceedings shall be had
24 until final disposition of such review. The final decision of
25 the regional board of school trustees or of any court upon
26 judicial review shall become effective under Section 7-9 in
27 the case of a petition for dissolution filed under subsection
28 (b) of Section 7-2a, and a final decision shall become
29 effective immediately following the date no further appeal is
30 allowable in the case of a district dissolved under Section
31 5-32.
32 Notwithstanding the foregoing provisions of this Section
33 or any other provision of law to the contrary, the school
34 board of the Mt. Morris School District is authorized to
-196- LRB9002758THdvam02
1 donate to the City of Mount Morris, Illinois the school
2 building and other real property used as a school site by the
3 Mt. Morris School District at the time of its dissolution, by
4 appropriate resolution adopted by the school board of the
5 district prior to the dissolution of the district; and upon
6 the adoption of a resolution by the school board donating the
7 school building and school site to the City of Mount Morris,
8 Illinois as authorized by this Section, the regional board of
9 school trustees or other school officials holding legal title
10 to the school building and school site so donated shall
11 immediately convey the same to the City of Mt. Morris,
12 Illinois.
13 (Source: P.A. 88-386.)
14 (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
15 (Text of Section before amendment by P.A. 89-507)
16 Sec. 10-22.20. Classes for adults and youths whose
17 schooling has been interrupted; Conditions for State
18 reimbursement; Use of child care facilities.
19 (a) To establish special classes for the instruction (1)
20 of persons of age 21 years or over, and (2) of persons less
21 than age 21 and not otherwise in attendance in public school,
22 for the purpose of providing adults in the community, and
23 youths whose schooling has been interrupted, with such
24 additional basic education, vocational skill training, and
25 other instruction as may be necessary to increase their
26 qualifications for employment or other means of self-support
27 and their ability to meet their responsibilities as citizens
28 including courses of instruction regularly accepted for
29 graduation from elementary or high schools and for
30 Americanization and General Educational Development Review
31 classes.
32 The board shall pay the necessary expenses of such
33 classes out of school funds of the district, including costs
-197- LRB9002758THdvam02
1 of student transportation and such facilities or provision
2 for child-care as may be necessary in the judgment of the
3 board to permit maximum utilization of the courses by
4 students with children, and other special needs of the
5 students directly related to such instruction. The expenses
6 thus incurred shall be subject to State reimbursement, as
7 provided in this Section. The board may make a tuition
8 charge for persons taking instruction who are not subject to
9 State reimbursement, such tuition charge not to exceed the
10 per capita cost of such classes.
11 The cost of such instruction, including the additional
12 expenses herein authorized, incurred for recipients of
13 financial aid under the Illinois Public Aid Code, or for
14 persons for whom education and training aid has been
15 authorized under Section 9-8 of that Code, shall be assumed
16 in its entirety from funds appropriated by the State to the
17 State Board of Education.
18 (b) The State Board of Education and the Illinois
19 Community College Board shall annually enter into an
20 interagency agreement to implement this Section. The
21 interagency agreement shall establish the standards for the
22 courses of instruction reimbursed under this Section. The
23 State Board of Education shall supervise the administration
24 of the programs. The State Board of Education shall
25 determine the cost of instruction in accordance with
26 standards jointly established by the State Board of Education
27 and the Illinois Community College Board as set forth in the
28 interagency agreement, including therein other incidental
29 costs as herein authorized, which shall serve as the basis of
30 State reimbursement in accordance with the provisions of
31 this Section. In the approval of programs and the
32 determination of the cost of instruction, the State Board of
33 Education shall provide for the maximum utilization of
34 federal funds for such programs. The interagency agreement
-198- LRB9002758THdvam02
1 shall also include:
2 (1) the development of an index of need for program
3 planning and for area funding allocations as defined by
4 the State Board of Education;
5 (2) the method for calculating hours of
6 instruction, as defined by the State Board of Education,
7 claimable for reimbursement and a method to phase in the
8 calculation and for adjusting the calculations in cases
9 where the services of a program are interrupted due to
10 circumstances beyond the control of the program provider;
11 (3) a plan for the reallocation of funds to
12 increase the amount allocated for grants based upon
13 program performance as set forth in subsection (d) below;
14 and
15 (4) the development of standards for determining
16 grants based upon performance as set forth in subsection
17 (d) below and a plan for the phased-in implementation of
18 those standards.
19 For instruction provided by school districts and
20 community college districts beginning July 1, 1996 and
21 thereafter, reimbursement provided by the State Board of
22 Education for classes authorized by this Section shall be
23 provided pursuant to the terms of the interagency agreement
24 from funds appropriated for the reimbursement criteria set
25 forth in subsection (c) below.
26 (c) Upon the annual approval of the interagency
27 agreement, reimbursement shall be first provided for
28 transportation, child care services, and other special needs
29 of the students directly related to instruction and then from
30 the funds remaining an amount equal to the product of the
31 total credit hours or units of instruction approved by the
32 State Board of Education, multiplied by the following:
33 (1) For adult basic education, the maximum
34 reimbursement per credit hour or per unit of instruction
-199- LRB9002758THdvam02
1 shall be equal to the general state aid per pupil
2 foundation level established in subsection (B)
3 subsections 5(a) through 5(d) of Section 18-8, divided by
4 60;
5 (2) The maximum reimbursement per credit hour or
6 per unit of instruction in subparagraph (1) above shall
7 be weighted for students enrolled in classes defined as
8 vocational skills and approved by the State Board of
9 Education by 1.25;
10 (3) The maximum reimbursement per credit hour or
11 per unit of instruction in subparagraph (1) above shall
12 be multiplied by .90 for students enrolled in classes
13 defined as adult secondary education programs and
14 approved by the State Board of Education;
15 (4) For community college districts the maximum
16 reimbursement per credit hour in subparagraphs (1), (2),
17 and (3) above shall be reduced by the Adult Basic
18 Education/Adult Secondary Education/English As A Second
19 Language credit hour grant rate prescribed in Section
20 2-16.02 of the Public Community College Act, as pro-rated
21 to the appropriation level; and
22 (5) Programs receiving funds under the formula that
23 was in effect during the 1994-1995 program year which
24 continue to be approved and which generate at least 80%
25 of the hours claimable in 1994-95, or in the case of
26 programs not approved in 1994-95 at least 80% of the
27 hours claimable in 1995-96, shall have funding for
28 subsequent years based upon 100% of the 1995-96 formula
29 funding level for 1996-97, 90% of the 1995-96 formula
30 funding level for 1997-98, 80% of the 1995-96 formula
31 funding level for 1998-99, and 70% of the 1995-96 formula
32 funding level for 1999-2000. For any approved program
33 which generates less than 80% of the claimable hours in
34 its base year, the level of funding pursuant to this
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1 paragraph shall be reduced proportionately. Funding for
2 program years after 1999-2000 shall be pursuant to the
3 interagency agreement.
4 (d) Upon the annual approval of the interagency
5 agreement, the State Board of Education shall provide grants
6 to eligible programs for supplemental activities to improve
7 or expand services under the Adult Education Act. Eligible
8 programs shall be determined based upon performance outcomes
9 of students in the programs as set forth in the interagency
10 agreement.
11 (e) Reimbursement under this Section shall not exceed
12 the actual costs of the approved program.
13 If the amount appropriated to the State Board of
14 Education for reimbursement under this Section is less than
15 the amount required under this Act, the apportionment shall
16 be proportionately reduced.
17 School districts and community college districts may
18 assess students up to $3.00 per credit hour, for classes
19 other than Adult Basic Education level programs, if needed to
20 meet program costs.
21 (f) An education plan shall be established for each
22 adult or youth whose schooling has been interrupted and who
23 is participating in the instructional programs provided under
24 this Section.
25 Each school board and community college shall keep an
26 accurate and detailed account of the students assigned to and
27 receiving instruction under this Section who are subject to
28 State reimbursement and shall submit reports of services
29 provided commencing with fiscal year 1997 as required in the
30 interagency agreement.
31 For classes authorized under this Section, a credit hour
32 or unit of instruction is equal to 15 hours of direct
33 instruction for students enrolled in approved adult education
34 programs at midterm and making satisfactory progress, in
-201- LRB9002758THdvam02
1 accordance with standards jointly established by the State
2 Board of Education and the Illinois Community College Board
3 as set forth in the interagency agreement.
4 (g) Upon proof submitted to the Illinois Department of
5 Public Aid of the payment of all claims submitted under this
6 Section, that Department shall apply for federal funds made
7 available therefor and any federal funds so received shall be
8 paid into the General Revenue Fund in the State Treasury.
9 School districts or community colleges providing classes
10 under this Section shall submit applications to the State
11 Board of Education for preapproval in accordance with the
12 standards jointly established by the State Board of Education
13 and the Illinois Community College Board as set forth in the
14 interagency agreement. Payments shall be made by the State
15 Board of Education based upon approved programs. Interim
16 expenditure reports may be required by the State Board of
17 Education as set forth in the interagency agreement. Final
18 claims for the school year shall be submitted to the regional
19 superintendents for transmittal to the State Board of
20 Education as set forth in the interagency agreement. Final
21 adjusted payments shall be made by September 30.
22 If a school district or community college district fails
23 to provide, or is providing unsatisfactory or insufficient
24 classes under this Section, the State Board of Education may
25 enter into agreements with public or private educational or
26 other agencies other than the public schools for the
27 establishment of such classes.
28 (h) If a school district or community college district
29 establishes child-care facilities for the children of
30 participants in classes established under this Section, it
31 may extend the use of these facilities to students who have
32 obtained employment and to other persons in the community
33 whose children require care and supervision while the parent
34 or other person in charge of the children is employed or
-202- LRB9002758THdvam02
1 otherwise absent from the home during all or part of the day.
2 It may make the facilities available before and after as well
3 as during regular school hours to school age and preschool
4 age children who may benefit thereby, including children who
5 require care and supervision pending the return of their
6 parent or other person in charge of their care from
7 employment or other activity requiring absence from the home.
8 The State Board of Education shall pay to the board the
9 cost of care in the facilities for any child who is a
10 recipient of financial aid under The Illinois Public Aid
11 Code.
12 The board may charge for care of children for whom it
13 cannot make claim under the provisions of this Section. The
14 charge shall not exceed per capita cost, and to the extent
15 feasible, shall be fixed at a level which will permit
16 utilization by employed parents of low or moderate income.
17 It may also permit any other State or local governmental
18 agency or private agency providing care for children to
19 purchase care.
20 After July 1, 1970 when the provisions of Section
21 10-20.20 become operative in the district, children in a
22 child-care facility shall be transferred to the kindergarten
23 established under that Section for such portion of the day as
24 may be required for the kindergarten program, and only the
25 prorated costs of care and training provided in the Center
26 for the remaining period shall be charged to the Illinois
27 Department of Public Aid or other persons or agencies paying
28 for such care.
29 (i) The provisions of this Section shall also apply to
30 school districts having a population exceeding 500,000.
31 (Source: P.A. 89-524, eff. 7-19-96.)
32 (Text of Section after amendment by P.A. 89-507)
33 Sec. 10-22.20. Classes for adults and youths whose
34 schooling has been interrupted; Conditions for State
-203- LRB9002758THdvam02
1 reimbursement; Use of child care facilities.
2 (a) To establish special classes for the instruction (1)
3 of persons of age 21 years or over, and (2) of persons less
4 than age 21 and not otherwise in attendance in public school,
5 for the purpose of providing adults in the community, and
6 youths whose schooling has been interrupted, with such
7 additional basic education, vocational skill training, and
8 other instruction as may be necessary to increase their
9 qualifications for employment or other means of self-support
10 and their ability to meet their responsibilities as citizens
11 including courses of instruction regularly accepted for
12 graduation from elementary or high schools and for
13 Americanization and General Educational Development Review
14 classes.
15 The board shall pay the necessary expenses of such
16 classes out of school funds of the district, including costs
17 of student transportation and such facilities or provision
18 for child-care as may be necessary in the judgment of the
19 board to permit maximum utilization of the courses by
20 students with children, and other special needs of the
21 students directly related to such instruction. The expenses
22 thus incurred shall be subject to State reimbursement, as
23 provided in this Section. The board may make a tuition
24 charge for persons taking instruction who are not subject to
25 State reimbursement, such tuition charge not to exceed the
26 per capita cost of such classes.
27 The cost of such instruction, including the additional
28 expenses herein authorized, incurred for recipients of
29 financial aid under the Illinois Public Aid Code, or for
30 persons for whom education and training aid has been
31 authorized under Section 9-8 of that Code, shall be assumed
32 in its entirety from funds appropriated by the State to the
33 State Board of Education.
34 (b) The State Board of Education and the Illinois
-204- LRB9002758THdvam02
1 Community College Board shall annually enter into an
2 interagency agreement to implement this Section. The
3 interagency agreement shall establish the standards for the
4 courses of instruction reimbursed under this Section. The
5 State Board of Education shall supervise the administration
6 of the programs. The State Board of Education shall
7 determine the cost of instruction in accordance with
8 standards jointly established by the State Board of Education
9 and the Illinois Community College Board as set forth in the
10 interagency agreement, including therein other incidental
11 costs as herein authorized, which shall serve as the basis of
12 State reimbursement in accordance with the provisions of
13 this Section. In the approval of programs and the
14 determination of the cost of instruction, the State Board of
15 Education shall provide for the maximum utilization of
16 federal funds for such programs. The interagency agreement
17 shall also include:
18 (1) the development of an index of need for program
19 planning and for area funding allocations as defined by
20 the State Board of Education;
21 (2) the method for calculating hours of
22 instruction, as defined by the State Board of Education,
23 claimable for reimbursement and a method to phase in the
24 calculation and for adjusting the calculations in cases
25 where the services of a program are interrupted due to
26 circumstances beyond the control of the program provider;
27 (3) a plan for the reallocation of funds to
28 increase the amount allocated for grants based upon
29 program performance as set forth in subsection (d) below;
30 and
31 (4) the development of standards for determining
32 grants based upon performance as set forth in subsection
33 (d) below and a plan for the phased-in implementation of
34 those standards.
-205- LRB9002758THdvam02
1 For instruction provided by school districts and
2 community college districts beginning July 1, 1996 and
3 thereafter, reimbursement provided by the State Board of
4 Education for classes authorized by this Section shall be
5 provided pursuant to the terms of the interagency agreement
6 from funds appropriated for the reimbursement criteria set
7 forth in subsection (c) below.
8 (c) Upon the annual approval of the interagency
9 agreement, reimbursement shall be first provided for
10 transportation, child care services, and other special needs
11 of the students directly related to instruction and then from
12 the funds remaining an amount equal to the product of the
13 total credit hours or units of instruction approved by the
14 State Board of Education, multiplied by the following:
15 (1) For adult basic education, the maximum
16 reimbursement per credit hour or per unit of instruction
17 shall be equal to the general state aid per pupil
18 foundation level established in subsection (B)
19 subsections 5(a) through 5(d) of Section 18-8, divided by
20 60;
21 (2) The maximum reimbursement per credit hour or
22 per unit of instruction in subparagraph (1) above shall
23 be weighted for students enrolled in classes defined as
24 vocational skills and approved by the State Board of
25 Education by 1.25;
26 (3) The maximum reimbursement per credit hour or
27 per unit of instruction in subparagraph (1) above shall
28 be multiplied by .90 for students enrolled in classes
29 defined as adult secondary education programs and
30 approved by the State Board of Education;
31 (4) For community college districts the maximum
32 reimbursement per credit hour in subparagraphs (1), (2),
33 and (3) above shall be reduced by the Adult Basic
34 Education/Adult Secondary Education/English As A Second
-206- LRB9002758THdvam02
1 Language credit hour grant rate prescribed in Section
2 2-16.02 of the Public Community College Act, as pro-rated
3 to the appropriation level; and
4 (5) Programs receiving funds under the formula that
5 was in effect during the 1994-1995 program year which
6 continue to be approved and which generate at least 80%
7 of the hours claimable in 1994-95, or in the case of
8 programs not approved in 1994-95 at least 80% of the
9 hours claimable in 1995-96, shall have funding for
10 subsequent years based upon 100% of the 1995-96 formula
11 funding level for 1996-97, 90% of the 1995-96 formula
12 funding level for 1997-98, 80% of the 1995-96 formula
13 funding level for 1998-99, and 70% of the 1995-96 formula
14 funding level for 1999-2000. For any approved program
15 which generates less than 80% of the claimable hours in
16 its base year, the level of funding pursuant to this
17 paragraph shall be reduced proportionately. Funding for
18 program years after 1999-2000 shall be pursuant to the
19 interagency agreement.
20 (d) Upon the annual approval of the interagency
21 agreement, the State Board of Education shall provide grants
22 to eligible programs for supplemental activities to improve
23 or expand services under the Adult Education Act. Eligible
24 programs shall be determined based upon performance outcomes
25 of students in the programs as set forth in the interagency
26 agreement.
27 (e) Reimbursement under this Section shall not exceed
28 the actual costs of the approved program.
29 If the amount appropriated to the State Board of
30 Education for reimbursement under this Section is less than
31 the amount required under this Act, the apportionment shall
32 be proportionately reduced.
33 School districts and community college districts may
34 assess students up to $3.00 per credit hour, for classes
-207- LRB9002758THdvam02
1 other than Adult Basic Education level programs, if needed to
2 meet program costs.
3 (f) An education plan shall be established for each
4 adult or youth whose schooling has been interrupted and who
5 is participating in the instructional programs provided under
6 this Section.
7 Each school board and community college shall keep an
8 accurate and detailed account of the students assigned to and
9 receiving instruction under this Section who are subject to
10 State reimbursement and shall submit reports of services
11 provided commencing with fiscal year 1997 as required in the
12 interagency agreement.
13 For classes authorized under this Section, a credit hour
14 or unit of instruction is equal to 15 hours of direct
15 instruction for students enrolled in approved adult education
16 programs at midterm and making satisfactory progress, in
17 accordance with standards jointly established by the State
18 Board of Education and the Illinois Community College Board
19 as set forth in the interagency agreement.
20 (g) Upon proof submitted to the Illinois Department of
21 Human Services of the payment of all claims submitted under
22 this Section, that Department shall apply for federal funds
23 made available therefor and any federal funds so received
24 shall be paid into the General Revenue Fund in the State
25 Treasury.
26 School districts or community colleges providing classes
27 under this Section shall submit applications to the State
28 Board of Education for preapproval in accordance with the
29 standards jointly established by the State Board of Education
30 and the Illinois Community College Board as set forth in the
31 interagency agreement. Payments shall be made by the State
32 Board of Education based upon approved programs. Interim
33 expenditure reports may be required by the State Board of
34 Education as set forth in the interagency agreement. Final
-208- LRB9002758THdvam02
1 claims for the school year shall be submitted to the regional
2 superintendents for transmittal to the State Board of
3 Education as set forth in the interagency agreement. Final
4 adjusted payments shall be made by September 30.
5 If a school district or community college district fails
6 to provide, or is providing unsatisfactory or insufficient
7 classes under this Section, the State Board of Education may
8 enter into agreements with public or private educational or
9 other agencies other than the public schools for the
10 establishment of such classes.
11 (h) If a school district or community college district
12 establishes child-care facilities for the children of
13 participants in classes established under this Section, it
14 may extend the use of these facilities to students who have
15 obtained employment and to other persons in the community
16 whose children require care and supervision while the parent
17 or other person in charge of the children is employed or
18 otherwise absent from the home during all or part of the day.
19 It may make the facilities available before and after as well
20 as during regular school hours to school age and preschool
21 age children who may benefit thereby, including children who
22 require care and supervision pending the return of their
23 parent or other person in charge of their care from
24 employment or other activity requiring absence from the home.
25 The State Board of Education shall pay to the board the
26 cost of care in the facilities for any child who is a
27 recipient of financial aid under The Illinois Public Aid
28 Code.
29 The board may charge for care of children for whom it
30 cannot make claim under the provisions of this Section. The
31 charge shall not exceed per capita cost, and to the extent
32 feasible, shall be fixed at a level which will permit
33 utilization by employed parents of low or moderate income.
34 It may also permit any other State or local governmental
-209- LRB9002758THdvam02
1 agency or private agency providing care for children to
2 purchase care.
3 After July 1, 1970 when the provisions of Section
4 10-20.20 become operative in the district, children in a
5 child-care facility shall be transferred to the kindergarten
6 established under that Section for such portion of the day as
7 may be required for the kindergarten program, and only the
8 prorated costs of care and training provided in the Center
9 for the remaining period shall be charged to the Illinois
10 Department of Human Services or other persons or agencies
11 paying for such care.
12 (i) The provisions of this Section shall also apply to
13 school districts having a population exceeding 500,000.
14 (Source: P.A. 89-507, eff. 7-1-97; 89-524, eff. 7-19-96;
15 revised 8-15-96.)
16 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
17 Sec. 18-4.3. Summer school grants. Grants shall be
18 determined for pupil attendance in summer schools conducted
19 under Sections 10-22.33A and 34-18 and approved under Section
20 2-3.25 in the following manner.
21 The amount of grant for each accredited summer school
22 attendance pupil shall be obtained by dividing the total
23 amount of apportionments determined under subsections (1) and
24 (2) of Section 18-8 by the actual number of pupils in average
25 daily attendance used for such apportionments. The number of
26 credited summer school attendance pupils shall be determined
27 (a) by counting clock hours of class instruction by pupils
28 enrolled in grades 1 through 12 in approved courses conducted
29 at least 60 clock hours in summer sessions; (b) by dividing
30 such total of clock hours of class instruction by 4 to
31 produce days of credited pupil attendance; (c) by dividing
32 such days of credited pupil attendance by the actual number
33 of days in the regular term as used in computation in the
-210- LRB9002758THdvam02
1 general apportionment in Section 18-8; and (d) by multiplying
2 by 1.25.
3 The amount of the grant for a summer school program
4 approved by the State Superintendent of Education for
5 children with disabilities, as defined in Sections 14-1.02
6 through 14-1.07, shall be determined in the manner contained
7 above except that average daily membership shall be utilized
8 in lieu of average daily attendance.
9 In the case of an apportionment based on summer school
10 attendance or membership pupils, the claim therefor shall be
11 presented as a separate claim for the particular school year
12 in which such summer school session ends. On or before
13 October 15 of each year the superintendent of each eligible
14 school district shall certify to the regional superintendent
15 the claim of the district for the summer session just ended.
16 Failure on the part of the school board to so certify shall
17 constitute a forfeiture of its right to such payment. The
18 regional superintendent shall certify to the State
19 Superintendent of Education no later than November 1 the
20 regional report of claims for summer school. The State
21 Superintendent of Education shall transmit to the Comptroller
22 no later than December 15th of each year vouchers for payment
23 of amounts due school districts for summer school. The State
24 Superintendent of Education shall direct the Comptroller to
25 draw his warrants for payments thereof by the 30th day of
26 December. If the money appropriated by the General Assembly
27 for such purpose for any year is insufficient, it shall be
28 apportioned on the basis of claims approved.
29 However, notwithstanding the foregoing provisions, for
30 each fiscal year the money appropriated by the General
31 Assembly for the purposes of this Section shall only be used
32 for grants for approved summer school programs for those
33 children with disabilities served pursuant to Sections
34 14-7.02 and 14-7.02a of the School Code.
-211- LRB9002758THdvam02
1 (Source: P.A. 88-9; 88-641, eff. 9-9-94; 89-397, eff.
2 8-20-95.)
3 (105 ILCS 5/18-8.4) (from Ch. 122, par. 18-8.4)
4 Sec. 18-8.4. Supplementary State aid for districts with
5 an increasing weighted average daily attendance. School
6 districts which are entitled to a supplementary State aid
7 payment pursuant to subsection 1(m) of Part A of Section 18-8
8 because of an increase in their weighted average daily
9 attendance as computed for the first calendar month of a
10 current school year beginning July 1, 1986 or thereafter
11 shall file their claim for such supplementary aid on forms
12 prescribed by the State Board of Education. The State Board
13 of Education shall establish by rule the time and manner of
14 filing such claims and such reporting requirements as it
15 deems necessary to determine and compute the amount of the
16 supplementary State aid to be paid to districts pursuant to
17 subsection 1(m) of Part A of Section 18-8. Such
18 supplementary State aid payments shall be treated as separate
19 from all other payments made pursuant to Section 18-8. This
20 Section does not apply to the 1997-1998 school year or
21 thereafter.
22 (Source: P.A. 84-1243.)
23 (105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
24 Sec. 29-5. Reimbursement by State for transportation.
25 Any school district, maintaining a school, transporting
26 resident pupils to another school district's vocational
27 program, offered through a joint agreement approved by the
28 State Board of Education, as provided in Section 10-22.22 or
29 transporting its resident pupils to a school which meets the
30 standards for recognition as established by the State Board
31 of Education which provides transportation meeting the
32 standards of safety, comfort, convenience, efficiency and
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1 operation prescribed by the State Board of Education for
2 resident pupils in kindergarten or any of grades 1 through 12
3 who: (a) reside at least 1 1/2 miles as measured by the
4 customary route of travel, from the school attended; or (b)
5 reside in areas where conditions are such that walking
6 constitutes a hazard to the safety of the child when
7 determined under Section 29-3; and (c) are transported to the
8 school attended from pick-up points at the beginning of the
9 school day and back again at the close of the school day or
10 transported to and from their assigned attendance centers
11 during the school day, shall be reimbursed by the State as
12 hereinafter provided in this Section.
13 The State will pay the cost of transporting eligible
14 pupils less the assessed valuation in a dual school district
15 maintaining secondary grades 9 to 12 inclusive times a
16 qualifying rate of .05%; in elementary school districts
17 maintaining grades K to 8 times a qualifying rate of .06%; in
18 unit districts maintaining grades K to 12 times a qualifying
19 rate of .07%. To be eligible to receive reimbursement in
20 excess of 4/5 of the cost to transport eligible pupils, a
21 school district shall have a Transportation Fund tax rate of
22 at least .12%. If a school district does not have a .12%
23 Transportation Fund tax rate, the amount of its claim in
24 excess of 4/5 of the cost of transporting pupils shall be
25 reduced by the sum arrived at by subtracting the
26 Transportation Fund tax rate from .12% and multiplying that
27 amount by the districts equalized or assessed valuation,
28 provided, that in no case shall said reduction result in
29 reimbursement of less than 4/5 of the cost to transport
30 eligible pupils.
31 The minimum amount to be received by a district is $16
32 times the number of eligible pupils transported.
33 Any such district transporting resident pupils during the
34 school day to an area vocational school or another school
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1 district's vocational program more than 1 1/2 miles from the
2 school attended, as provided in Sections 10-22.20a and
3 10-22.22, shall be reimbursed by the State for 4/5 of the
4 cost of transporting eligible pupils.
5 School day means that period of time which the pupil is
6 required to be in attendance for instructional purposes.
7 If a pupil is at a location within the school district
8 other than his residence for child care purposes at the time
9 for transportation to school, that location may be considered
10 for purposes of determining the 1 1/2 miles from the school
11 attended.
12 Claims for reimbursement that include children who attend
13 any school other than a public school shall show the number
14 of such children transported.
15 Claims for reimbursement under this Section shall not be
16 paid for the transportation of pupils for whom transportation
17 costs are claimed for payment under other Sections of this
18 Act.
19 The allowable direct cost of transporting pupils for
20 regular, vocational, and special education pupil
21 transportation shall be limited to the sum of the cost of
22 physical examinations required for employment as a school bus
23 driver; the salaries of full or part-time drivers and school
24 bus maintenance personnel; employee benefits excluding
25 Illinois municipal retirement payments, social security
26 payments, unemployment insurance payments and workers'
27 compensation insurance premiums; expenditures to independent
28 carriers who operate school buses; payments to other school
29 districts for pupil transportation services; pre-approved
30 contractual expenditures for computerized bus scheduling; the
31 cost of gasoline, oil, tires, and other supplies necessary
32 for the operation of school buses; the cost of converting
33 buses' gasoline engines to more fuel efficient engines or to
34 engines which use alternative energy sources; the cost of
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1 travel to meetings and workshops conducted by the regional
2 superintendent or the State Superintendent of Education
3 pursuant to the standards established by the Secretary of
4 State under Section 6-106 of the Illinois Vehicle Code to
5 improve the driving skills of school bus drivers; the cost of
6 maintenance of school buses including parts and materials
7 used; expenditures for leasing transportation vehicles,
8 except interest and service charges; the cost of insurance
9 and licenses for transportation vehicles; expenditures for
10 the rental of transportation equipment; plus a depreciation
11 allowance of 20% for 5 years for school buses and vehicles
12 approved for transporting pupils to and from school and a
13 depreciation allowance of 10% for 10 years for other
14 transportation equipment so used. In addition to the above
15 allowable costs school districts shall also claim all
16 transportation supervisory salary costs, including Illinois
17 municipal retirement payments, and all transportation related
18 building and building maintenance costs without limitation.
19 Special education allowable costs shall also include
20 expenditures for the salaries of attendants or aides for that
21 portion of the time they assist special education pupils
22 while in transit and expenditures for parents and public
23 carriers for transporting special education pupils when
24 pre-approved by the State Superintendent of Education.
25 Indirect costs shall be included in the reimbursement
26 claim for districts which own and operate their own school
27 buses. Such indirect costs shall include administrative
28 costs, or any costs attributable to transporting pupils from
29 their attendance centers to another school building for
30 instructional purposes. No school district which owns and
31 operates its own school buses may claim reimbursement for
32 indirect costs which exceed 5% of the total allowable direct
33 costs for pupil transportation.
34 The State Board of Education shall prescribe uniform
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1 regulations for determining the above standards and shall
2 prescribe forms of cost accounting and standards of
3 determining reasonable depreciation. Such depreciation shall
4 include the cost of equipping school buses with the safety
5 features required by law or by the rules, regulations and
6 standards promulgated by the State Board of Education, and
7 the Department of Transportation for the safety and
8 construction of school buses provided, however, any equipment
9 cost reimbursed by the Department of Transportation for
10 equipping school buses with such safety equipment shall be
11 deducted from the allowable cost in the computation of
12 reimbursement under this Section in the same percentage as
13 the cost of the equipment is depreciated.
14 On or before July 10, annually, the board clerk or the
15 secretary of the district shall certify to the regional
16 superintendent of schools upon forms prescribed by the State
17 Superintendent of Education the district's claim for
18 reimbursement for the school year ended on June 30 next
19 preceding. The regional superintendent of schools shall
20 check all transportation claims to ascertain compliance with
21 the prescribed standards and upon his approval shall certify
22 not later than July 25 to the State Superintendent of
23 Education the regional report of claims for reimbursements.
24 The State Superintendent of Education shall check and approve
25 the claims and prepare the vouchers showing the amounts due
26 for district reimbursement claims. Beginning with the 1977
27 fiscal year, the State Superintendent of Education shall
28 prepare and transmit the first 3 vouchers to the Comptroller
29 on the 30th day of September, December and March,
30 respectively, and the final voucher, no later than June 15.
31 If the amount appropriated for transportation
32 reimbursement is insufficient to fund total claims for any
33 fiscal year, the State Board of Education shall reduce each
34 school district's allowable costs and flat grant amount
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1 proportionately to make total adjusted claims equal the total
2 amount appropriated.
3 For purposes of calculating claims for reimbursement
4 under this Section for any school year beginning July 1,
5 1980, or thereafter, the equalized assessed valuation for a
6 school district used to compute reimbursement shall be
7 determined by adding to the real property equalized assessed
8 valuation for the district an amount computed by dividing the
9 amount of money received by the district under the provisions
10 of "An Act in relation to the abolition of ad valorem
11 personal property tax and the replacement of revenues lost
12 thereby, and amending and repealing certain Acts and parts of
13 Acts in connection therewith", certified August 14, 1979, as
14 amended, by the total tax rate for the district. For
15 purposes of this subsection, 1976 tax rates shall be used for
16 school districts in the county of Cook, and 1977 tax rates
17 shall be used in all other counties. For the purposes of
18 calculating claims for reimbursement under this Section for
19 any school year beginning July 1, 1986, or thereafter, the
20 real property equalized assessed valuation for a school
21 district used to compute reimbursement shall be determined by
22 subtracting from the real property value as equalized or
23 assessed by the Department of Revenue for the district an
24 amount computed by dividing the amount of any abatement of
25 taxes under Section 18-170 of the Property Tax Code by the
26 following: in the case of a school district maintaining
27 grades kindergarten through 12, 3.00%; in the case of a
28 school district maintaining grades kindergarten through 8,
29 2.20%; in the case of a school district maintaining grades 9
30 through 12, 1.10% the maximum operating tax rates specified
31 in subsection 5(c) of Section 18-8.
32 All reimbursements received from the State shall be
33 deposited into the district's transportation fund or into the
34 fund from which the allowable expenditures were made.
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1 (Source: P.A. 88-612, eff. 7-1-95; 88-641, eff. 9-9-94;
2 88-670, eff. 12-2-94; 89-235, eff. 8-4-95.)
3 (105 ILCS 5/34-8.4)
4 Sec. 34-8.4. Intervention. The Chicago Schools Academic
5 Accountability Council may recommend to the Chicago School
6 Reform Board of Trustees that any school placed on
7 remediation or probation under Section 34-8.3 or schools that
8 for the 3 consecutive school years of 1992-1993, 1993-1994,
9 and 1994-1995 have met the State Board of Education's
10 category of "does not meet expectations" be made subject to
11 intervention under this Section 34-8.4. In addition to any
12 powers created under this Section, the Trustees shall have
13 all powers created under Section 34-8.3 with respect to
14 schools subjected to intervention.
15 Prior to subjecting a school to intervention, the
16 Trustees shall conduct a public hearing and make findings of
17 facts concerning the recommendation of the Chicago Schools
18 Academic Accountability Council and the factors causing the
19 failure of the school to adequately perform. The Trustees
20 shall afford an opportunity at the hearing for interested
21 persons to comment about the intervention recommendation.
22 After the hearing has been held and completion of findings of
23 fact, the Trustees shall make a determination whether to
24 subject the school to intervention.
25 If the Trustees determine that a school shall be subject
26 to intervention under this Section, the Trustees shall
27 develop an intervention implementation plan and shall cause a
28 performance evaluation to be made of each employee at the
29 school. Upon consideration of such evaluations, and
30 consistent with the intervention implementation plan, the
31 Trustees may reassign, layoff, or dismiss any employees at
32 the attendance center, notwithstanding the provisions of
33 Sections 24A-5 and 34-85.
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1 The chief educational officer shall appoint a principal
2 for the school and shall set the terms and conditions of the
3 principal's contract, which in no case may be longer than 2
4 years. The principal shall select all teachers and
5 non-certified personnel for the school as may be necessary.
6 Any provision of Section 34-8.1 that conflicts with this
7 Section shall not apply to a school subjected to intervention
8 under this Section.
9 If pursuant to this Section, the general superintendent,
10 with the approval of the board, orders new local school
11 council elections, the general superintendent shall carry out
12 the responsibilities of the local school council for a school
13 subject to intervention until the new local school council
14 members are elected and trained.
15 Each school year, 5% of the supplemental general State
16 aid Chapter 1 funds distributed to a school subject to
17 intervention during that school year under subsection (H)
18 5(i)(1)(a) of part A of Section 18-8 shall be used for
19 employee performance incentives. The Trustees shall prepare
20 a report evaluating the results of any interventions
21 undertaken pursuant to this Section and shall make
22 recommendations concerning implementation of special programs
23 for dealing with underperforming schools on an ongoing basis.
24 This report shall be submitted to the State Superintendent of
25 Education and Mayor of the City of Chicago by January 1,
26 1999.
27 (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
28 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
29 Sec. 34-18. Powers of the board. The board shall
30 exercise general supervision and jurisdiction over the public
31 education and the public school system of the city, and,
32 except as otherwise provided by this Article, shall have
33 power:
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1 1. To make suitable provision for the establishment
2 and maintenance throughout the year or for such portion
3 thereof as it may direct, not less than 9 months, of
4 schools of all grades and kinds, including normal
5 schools, high schools, night schools, schools for
6 defectives and delinquents, parental and truant schools,
7 schools for the blind, the deaf and the crippled, schools
8 or classes in manual training, constructural and
9 vocational teaching, domestic arts and physical culture,
10 vocation and extension schools and lecture courses, and
11 all other educational courses and facilities, including
12 establishing, equipping, maintaining and operating
13 playgrounds and recreational programs, when such programs
14 are conducted in, adjacent to, or connected with any
15 public school under the general supervision and
16 jurisdiction of the board; provided, however, that in
17 allocating funds from year to year for the operation of
18 all attendance centers within the district, the board
19 shall ensure that supplemental general State aid Chapter
20 1 funds are allocated and applied in accordance with
21 Section 18-8. To admit to such schools without charge
22 foreign exchange students who are participants in an
23 organized exchange student program which is authorized by
24 the board. The board shall permit all students to enroll
25 in apprenticeship programs in trade schools operated by
26 the board, whether those programs are union-sponsored or
27 not. No student shall be refused admission into or be
28 excluded from any course of instruction offered in the
29 common schools by reason of that student's sex. No
30 student shall be denied equal access to physical
31 education and interscholastic athletic programs supported
32 from school district funds or denied participation in
33 comparable physical education and athletic programs
34 solely by reason of the student's sex. Equal access to
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1 programs supported from school district funds and
2 comparable programs will be defined in rules promulgated
3 by the State Board of Education in consultation with the
4 Illinois High School Association. Notwithstanding any
5 other provision of this Article, neither the board of
6 education nor any local school council or other school
7 official shall recommend that children with disabilities
8 be placed into regular education classrooms unless those
9 children with disabilities are provided with
10 supplementary services to assist them so that they
11 benefit from the regular classroom instruction and are
12 included on the teacher's regular education class
13 register;
14 2. To furnish lunches to pupils, to make a
15 reasonable charge therefor, and to use school funds for
16 the payment of such expenses as the board may determine
17 are necessary in conducting the school lunch program;
18 3. To co-operate with the circuit court;
19 4. To make arrangements with the public or
20 quasi-public libraries and museums for the use of their
21 facilities by teachers and pupils of the public schools;
22 5. To employ dentists and prescribe their duties
23 for the purpose of treating the pupils in the schools,
24 but accepting such treatment shall be optional with
25 parents or guardians;
26 6. To grant the use of assembly halls and
27 classrooms when not otherwise needed, including light,
28 heat, and attendants, for free public lectures, concerts,
29 and other educational and social interests, free of
30 charge, under such provisions and control as the
31 principal of the affected attendance center may
32 prescribe;
33 7. To apportion the pupils to the several schools;
34 provided that no pupil shall be excluded from or
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1 segregated in any such school on account of his color,
2 race, sex, or nationality. The board shall take into
3 consideration the prevention of segregation and the
4 elimination of separation of children in public schools
5 because of color, race, sex, or nationality. Except that
6 children may be committed to or attend parental and
7 social adjustment schools established and maintained
8 either for boys or girls only. All records pertaining to
9 the creation, alteration or revision of attendance areas
10 shall be open to the public. Nothing herein shall limit
11 the board's authority to establish multi-area attendance
12 centers or other student assignment systems for
13 desegregation purposes or otherwise, and to apportion the
14 pupils to the several schools. Furthermore, beginning in
15 school year 1994-95, pursuant to a board plan adopted by
16 October 1, 1993, the board shall offer, commencing on a
17 phased-in basis, the opportunity for families within the
18 school district to apply for enrollment of their children
19 in any attendance center within the school district which
20 does not have selective admission requirements approved
21 by the board. The appropriate geographical area in which
22 such open enrollment may be exercised shall be determined
23 by the board of education. Such children may be admitted
24 to any such attendance center on a space available basis
25 after all children residing within such attendance
26 center's area have been accommodated. If the number of
27 applicants from outside the attendance area exceed the
28 space available, then successful applicants shall be
29 selected by lottery. The board of education's open
30 enrollment plan must include provisions that allow low
31 income students to have access to transportation needed
32 to exercise school choice. Open enrollment shall be in
33 compliance with the provisions of the Consent Decree and
34 Desegregation Plan cited in Section 34-1.01.
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1 8. To approve programs and policies for providing
2 transportation services to students. Nothing herein shall
3 be construed to permit or empower the State Board of
4 Education to order, mandate, or require busing or other
5 transportation of pupils for the purpose of achieving
6 racial balance in any school;
7 9. Subject to the limitations in this Article, to
8 establish and approve system-wide curriculum objectives
9 and standards, including graduation standards, which
10 reflect the multi-cultural diversity in the city and are
11 consistent with State law, provided that for all purposes
12 of this Article courses or proficiency in American Sign
13 Language shall be deemed to constitute courses or
14 proficiency in a foreign language; and to employ
15 principals and teachers, appointed as provided in this
16 Article, and fix their compensation. The board shall
17 prepare such reports related to minimal competency
18 testing as may be requested by the State Board of
19 Education, and in addition shall monitor and approve
20 special education and bilingual education programs and
21 policies within the district to assure that appropriate
22 services are provided in accordance with applicable State
23 and federal laws to children requiring services and
24 education in those areas;
25 10. To employ non-teaching personnel or utilize
26 volunteer personnel for: (i) non-teaching duties not
27 requiring instructional judgment or evaluation of pupils,
28 including library duties; and (ii) supervising study
29 halls, long distance teaching reception areas used
30 incident to instructional programs transmitted by
31 electronic media such as computers, video, and audio,
32 detention and discipline areas, and school-sponsored
33 extracurricular activities. The board may further utilize
34 volunteer non-certificated personnel or employ
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1 non-certificated personnel to assist in the instruction
2 of pupils under the immediate supervision of a teacher
3 holding a valid certificate, directly engaged in teaching
4 subject matter or conducting activities; provided that
5 the teacher shall be continuously aware of the
6 non-certificated persons' activities and shall be able to
7 control or modify them. The general superintendent shall
8 determine qualifications of such personnel and shall
9 prescribe rules for determining the duties and activities
10 to be assigned to such personnel;
11 11. To provide television studio facilities in not
12 to exceed one school building and to provide programs for
13 educational purposes, provided, however, that the board
14 shall not construct, acquire, operate, or maintain a
15 television transmitter; to grant the use of its studio
16 facilities to a licensed television station located in
17 the school district; and to maintain and operate not to
18 exceed one school radio transmitting station and provide
19 programs for educational purposes;
20 12. To offer, if deemed appropriate, outdoor
21 education courses, including field trips within the State
22 of Illinois, or adjacent states, and to use school
23 educational funds for the expense of the said outdoor
24 educational programs, whether within the school district
25 or not;
26 13. During that period of the calendar year not
27 embraced within the regular school term, to provide and
28 conduct courses in subject matters normally embraced in
29 the program of the schools during the regular school term
30 and to give regular school credit for satisfactory
31 completion by the student of such courses as may be
32 approved for credit by the State Board of Education;
33 14. To insure against any loss or liability of the
34 board, the former School Board Nominating Commission,
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1 Local School Councils, the Chicago Schools Academic
2 Accountability Council, or the former Subdistrict
3 Councils or of any member, officer, agent or employee
4 thereof, resulting from alleged violations of civil
5 rights arising from incidents occurring on or after
6 September 5, 1967 or from the wrongful or negligent act
7 or omission of any such person whether occurring within
8 or without the school premises, provided the officer,
9 agent or employee was, at the time of the alleged
10 violation of civil rights or wrongful act or omission,
11 acting within the scope of his employment or under
12 direction of the board, the former School Board
13 Nominating Commission, the Chicago Schools Academic
14 Accountability Council, Local School Councils, or the
15 former Subdistrict Councils; and to provide for or
16 participate in insurance plans for its officers and
17 employees, including but not limited to retirement
18 annuities, medical, surgical and hospitalization benefits
19 in such types and amounts as may be determined by the
20 board; provided, however, that the board shall contract
21 for such insurance only with an insurance company
22 authorized to do business in this State. Such insurance
23 may include provision for employees who rely on treatment
24 by prayer or spiritual means alone for healing, in
25 accordance with the tenets and practice of a recognized
26 religious denomination;
27 15. To contract with the corporate authorities of
28 any municipality or the county board of any county, as
29 the case may be, to provide for the regulation of traffic
30 in parking areas of property used for school purposes, in
31 such manner as is provided by Section 11-209 of The
32 Illinois Vehicle Code, approved September 29, 1969, as
33 amended;
34 16. To provide, on an equal basis, access to the
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1 school campus to the official recruiting representatives
2 of the armed forces of Illinois and the United States for
3 the purposes of informing students of the educational and
4 career opportunities available in the military if the
5 board has provided such access to persons or groups whose
6 purpose is to acquaint students with educational or
7 occupational opportunities available to them. The board
8 is not required to give greater notice regarding the
9 right of access to recruiting representatives than is
10 given to other persons and groups;
11 17. (a) To sell or market any computer program
12 developed by an employee of the school district, provided
13 that such employee developed the computer program as a
14 direct result of his or her duties with the school
15 district or through the utilization of the school
16 district resources or facilities. The employee who
17 developed the computer program shall be entitled to share
18 in the proceeds of such sale or marketing of the computer
19 program. The distribution of such proceeds between the
20 employee and the school district shall be as agreed upon
21 by the employee and the school district, except that
22 neither the employee nor the school district may receive
23 more than 90% of such proceeds. The negotiation for an
24 employee who is represented by an exclusive bargaining
25 representative may be conducted by such bargaining
26 representative at the employee's request.
27 (b) For the purpose of this paragraph 17:
28 (1) "Computer" means an internally programmed,
29 general purpose digital device capable of
30 automatically accepting data, processing data and
31 supplying the results of the operation.
32 (2) "Computer program" means a series of coded
33 instructions or statements in a form acceptable to a
34 computer, which causes the computer to process data
-226- LRB9002758THdvam02
1 in order to achieve a certain result.
2 (3) "Proceeds" means profits derived from
3 marketing or sale of a product after deducting the
4 expenses of developing and marketing such product;
5 18. To delegate to the general superintendent of
6 schools, by resolution, the authority to approve
7 contracts and expenditures in amounts of $10,000 or less;
8 19. Upon the written request of an employee, to
9 withhold from the compensation of that employee any dues,
10 payments or contributions payable by such employee to any
11 labor organization as defined in the Illinois Educational
12 Labor Relations Act. Under such arrangement, an amount
13 shall be withheld from each regular payroll period which
14 is equal to the pro rata share of the annual dues plus
15 any payments or contributions, and the board shall
16 transmit such withholdings to the specified labor
17 organization within 10 working days from the time of the
18 withholding;
19 20. The board is encouraged to employ a sufficient
20 number of certified school counselors to maintain a
21 student/counselor ratio of 250 to 1 by July 1, 1990.
22 Each counselor shall spend at least 75% of his work time
23 in direct contact with students and shall maintain a
24 record of such time;
25 21. To make available to students vocational and
26 career counseling and to establish 5 special career
27 counseling days for students and parents. On these days
28 representatives of local businesses and industries shall
29 be invited to the school campus and shall inform students
30 of career opportunities available to them in the various
31 businesses and industries. Special consideration shall
32 be given to counseling minority students as to career
33 opportunities available to them in various fields. For
34 the purposes of this paragraph, minority student means a
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1 person who is:
2 (a) Black (a person having origins in any of
3 the black racial groups in Africa);
4 (b) Hispanic (a person of Spanish or
5 Portuguese culture with origins in Mexico, South or
6 Central America, or the Caribbean islands,
7 regardless of race);
8 (c) Asian American (a person having origins in
9 any of the original peoples of the Far East,
10 Southeast Asia, the Indian Subcontinent or the
11 Pacific Islands); or
12 (d) American Indian or Alaskan Native (a
13 person having origins in any of the original peoples
14 of North America).
15 Counseling days shall not be in lieu of regular
16 school days;
17 22. To report to the State Board of Education the
18 annual student dropout rate and number of students who
19 graduate from, transfer from or otherwise leave bilingual
20 programs;
21 23. Except as otherwise provided in the Abused and
22 Neglected Child Reporting Act or other applicable State
23 or federal law, to permit school officials to withhold,
24 from any person, information on the whereabouts of any
25 child removed from school premises when the child has
26 been taken into protective custody as a victim of
27 suspected child abuse. School officials shall direct
28 such person to the Department of Children and Family
29 Services, or to the local law enforcement agency if
30 appropriate;
31 24. To develop a policy, based on the current state
32 of existing school facilities, projected enrollment and
33 efficient utilization of available resources, for capital
34 improvement of schools and school buildings within the
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1 district, addressing in that policy both the relative
2 priority for major repairs, renovations and additions to
3 school facilities, and the advisability or necessity of
4 building new school facilities or closing existing
5 schools to meet current or projected demographic patterns
6 within the district;
7 25. To make available to the students in every high
8 school attendance center the ability to take all courses
9 necessary to comply with the Board of Higher Education's
10 college entrance criteria effective in 1993;
11 26. To encourage mid-career changes into the
12 teaching profession, whereby qualified professionals
13 become certified teachers, by allowing credit for
14 professional employment in related fields when
15 determining point of entry on teacher pay scale;
16 27. To provide or contract out training programs
17 for administrative personnel and principals with revised
18 or expanded duties pursuant to this Act in order to
19 assure they have the knowledge and skills to perform
20 their duties;
21 28. To establish a fund for the prioritized special
22 needs programs, and to allocate such funds and other lump
23 sum amounts to each attendance center in a manner
24 consistent with the provisions of part 4 of Section
25 34-2.3. Nothing in this paragraph shall be construed to
26 require any additional appropriations of State funds for
27 this purpose;
28 29. (Blank);
29 30. Notwithstanding any other provision of this Act
30 or any other law to the contrary, to contract with third
31 parties for services otherwise performed by employees,
32 including those in a bargaining unit, and to layoff those
33 employees upon 14 days written notice to the affected
34 employees. Those contracts may be for a period not to
-229- LRB9002758THdvam02
1 exceed 5 years and may be awarded on a system-wide basis;
2 31. To promulgate rules establishing procedures
3 governing the layoff or reduction in force of employees
4 and the recall of such employees, including, but not
5 limited to, criteria for such layoffs, reductions in
6 force or recall rights of such employees and the weight
7 to be given to any particular criterion. Such criteria
8 shall take into account factors including, but not be
9 limited to, qualifications, certifications, experience,
10 performance ratings or evaluations, and any other factors
11 relating to an employee's job performance; and
12 32. To develop a policy to prevent nepotism in the
13 hiring of personnel or the selection of contractors.
14 The specifications of the powers herein granted are not
15 to be construed as exclusive but the board shall also
16 exercise all other powers that they may be requisite or
17 proper for the maintenance and the development of a public
18 school system, not inconsistent with the other provisions of
19 this Article or provisions of this Code which apply to all
20 school districts.
21 In addition to the powers herein granted and authorized
22 to be exercised by the board, it shall be the duty of the
23 board to review or to direct independent reviews of special
24 education expenditures and services. The board shall file a
25 report of such review with the General Assembly on or before
26 May 1, 1990.
27 (Source: P.A. 88-89; 88-511; 88-686, eff. 1-24-95; 89-15,
28 eff. 5-30-95; 89-397, eff. 8-20-95; 89-626, eff. 8-9-96.)
29 (105 ILCS 5/1C-3 rep.)
30 (105 ILCS 5/1C-4 rep.)
31 Section 42. The School Code is amended by repealing
32 Sections 1C-3 and 1C-4.
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1 Section 50. The Illinois Educational Labor Relations Act
2 is amended by changing Section 13 as follows:
3 (115 ILCS 5/13) (from Ch. 48, par. 1713)
4 Sec. 13. Strikes.
5 (a) Notwithstanding the existence of any other provision
6 in this Act or other law, educational employees employed in
7 school districts organized under Article 34 of the School
8 Code shall not engage in a strike at any time during the 18
9 month period that commences on the effective date of this
10 amendatory Act of 1995. An educational employee employed in
11 a school district organized under Article 34 of the School
12 Code who participates in a strike in violation of this
13 Section is subject to discipline by the employer. In
14 addition, no educational employer organized under Article 34
15 of the School Code may pay or cause to be paid to an
16 educational employee who participates in a strike in
17 violation of this subsection any wages or other compensation
18 for any period during which an educational employee
19 participates in the strike, except for wages or compensation
20 earned before participation in the strike. Notwithstanding
21 the existence of any other provision in this Act or other
22 law, during the 18-month period that strikes are prohibited
23 under this subsection nothing in this subsection shall be
24 construed to require an educational employer to submit to a
25 binding dispute resolution process.
26 (b) Notwithstanding the existence of any other provision
27 in this Act or any other law, educational employees other
28 than those employed in a school district organized under
29 Article 34 of the School Code and, after the expiration of
30 the 18 month period that commences on the effective date of
31 this amendatory Act of 1995, educational employees in a
32 school district organized under Article 34 of the School Code
33 shall not engage in a strike except under the following
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1 conditions:
2 (1) they are represented by an exclusive
3 bargaining representative;
4 (2) mediation has been used without success;
5 (3) at least 10 5 days have elapsed after a notice
6 of intent to strike has been given by the exclusive
7 bargaining representative to the educational employer,
8 the regional superintendent and the Illinois Educational
9 Labor Relations Board.
10 (4) the collective bargaining agreement between
11 the educational employer and educational employees, if
12 any, has expired; and
13 (5) the employer and the exclusive bargaining
14 representative have not mutually submitted the unresolved
15 issues to arbitration.
16 If, however, in the opinion of an employer the strike is
17 or has become a clear and present danger to the health or
18 safety of the public, the employer may initiate in the
19 circuit court of the county in which such danger exists an
20 action for relief which may include, but is not limited to,
21 injunction. The court may grant appropriate relief upon the
22 finding that such clear and present danger exists. An unfair
23 practice or other evidence of lack of clean hands by the
24 educational employer is a defense to such action. Except as
25 provided for in this paragraph, the jurisdiction of the court
26 under this Section is limited by the Labor Dispute Act.
27 (Source: P.A. 89-15, eff. 5-30-95.)
28 Section 95. No acceleration or delay. Where this Act
29 makes changes in a statute that is represented in this Act by
30 text that is not yet or no longer in effect (for example, a
31 Section represented by multiple versions), the use of that
32 text does not accelerate or delay the taking effect of (i)
33 the changes made by this Act or (ii) provisions derived from
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1 any other Public Act.
2 Section 98. Severability. If any provision of this
3 amendatory Act of 1997 or its application to any person or
4 circumstances is held invalid, the invalidity of that
5 provision or application does not affect other provisions or
6 applications of this amendatory Act that can be given effect
7 without the invalid provision or application.
8 Section 99. Effective date. This Act takes effect July
9 1, 1997.".