Public Act 90-0566 of the 90th General Assembly
Public Act 90-0566
HB1005 Enrolled LRB9004521THpk
AN ACT relating to education, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Illinois Pension Code is amended by
changing Sections 17-106, 17-114, 17-115, 17-116, 17-116.1,
17-117, 17-117.1, 17-118, 17-119, 17-120, 17-122, 17-123,
17-124, 17-125, 17-126, 17-127, 17-127.1, 17-129, 17-130,
17-130.1, 17-131, 17-132, 17-133, 17-134, 17-135, 17-137,
17-138, 17-139, 17-140, 17-141, 17-142, 17-142.1, 17-143.1,
17-144, 17-145, 17-146, 17-146.1, 17-146.2, 17-147, 17-149,
17-150, 17-151, 17-153, 17-154, 17-156, and 17-158 and adding
Section 17-105.1 as follows:
(40 ILCS 5/17-105.1 new)
Sec. 17-105.1. Employer. "Employer": The Board of
Education and a charter school as defined under the
provisions of Section 27a-5 of the School Code.
(40 ILCS 5/17-106) (from Ch. 108 1/2, par. 17-106)
Sec. 17-106. Contributor, member or teacher.
"Contributor", "member" or "teacher": All members of the
teaching force of the city, including principals, assistant
principals, the general superintendent of schools, deputy
superintendents of schools, associate superintendents of
schools, assistant and district superintendents of schools,
members of the Board of Examiners, all other persons whose
employment requires a teaching certificate issued under the
laws governing the certification of teachers by the Board of
Examiners, any educational, administrative, professional, or
other staff employed in a charter school operating in
compliance with the Charter Schools Law who is certified
under the law governing the certification of teachers, and
employees of the Board of Trustees, but excluding persons
contributing concurrently to any other public employee
pension system in Illinois or receiving retirement pensions
under another Article of this Code (unless the person's
eligibility to participate in that other pension system
arises from the holding of an elective public office, and the
person has held that public office for at least 10 years),
persons employed on an hourly basis, and persons receiving
pensions from the Fund fund who are employed temporarily by
an Employer the Board of Education for 100 days or less in
any school year and not on an annual basis.
In the case of a person who has been making contributions
and otherwise participating in this Fund prior to the
effective date of this amendatory Act of 1991, and whose
right to participate in the Fund is established or confirmed
by this amendatory Act, such prior participation in the Fund,
including all contributions previously made and service
credits previously earned by the person, are hereby
validated.
(Source: P.A. 89-450, eff. 4-10-96; 90-32, eff. 6-27-97.)
(40 ILCS 5/17-114) (from Ch. 108 1/2, par. 17-114)
Sec. 17-114. Computation of service.
When computing validated service, 10 months or more shall
constitute one year of service unless a lesser number of
months is established as a school year by an Employer the
Board of Education. Salary representing 5 days' or more
employment paid in a semi-monthly or bi-weekly payroll
period, whichever the case may be, shall be considered for
the purpose of computing service credit and shall entitle a
contributor to 1/2 month of service. When computing total
service rendered, 3 to 10 days' employment in the final total
of such service shall entitle a contributor to 1/2 month of
service.
(Source: P. A. 76-742.)
(40 ILCS 5/17-115) (from Ch. 108 1/2, par. 17-115)
Sec. 17-115. Eligibility for service retirement pension.
(a) The Board shall find a contributor eligible for
service retirement pension when he has:
(1) Left the employment of an Employer the Board of
Education or the board after completing 5 or more years
of service.
(2) Contributed to the Fund fund the total sums
provided in this Article.
(3) Contributed as a member of the teaching force
in the public schools of the City or to the State
Universities Retirement System or to the Teachers'
Retirement System of the State of Illinois during the
last 5 years of his term of service.
(4) Filed a written application for pension.
(b) In computing the years of service for which annuity
is granted, the following conditions shall apply:
(1) No more than 10 years of teaching service in
public schools of the several states or in schools
operated by or under the auspices of the United States
shall be allowed. This maximum shall be reduced by the
service credit which is validated under paragraph (i) of
Section 15-113 and paragraph (3) of Section 16-127 of
this Code. Three-fifths of the term of service for which
an annuity is granted shall have been rendered in the
public schools of the city. No portion of any such
service shall be included in the total period of service
for which a pension is payable or paid by some other
public retirement system; provided that this shall not
apply to any benefit payable only after the teacher's
death or to any compensation or annuity paid by an
employer the Board of Education after retirement from
active service.
(2) Up to 5 years of military active service, if
preceded by service as a teacher under this Fund fund or
under Article 16, shall be included in the total period
of service even though it can otherwise be used in the
computation of a pension or other benefit provided for
service in any branch of the armed forces of the United
States.
(Source: P.A. 90-32, eff. 6-27-97.)
(40 ILCS 5/17-116) (from Ch. 108 1/2, par. 17-116)
Sec. 17-116. Service retirement pension. Each teacher
having 20 years of service upon attainment of age 55, or who
thereafter attains age 55 shall be entitled to a service
retirement pension upon or after attainment of age 55; and
each teacher in service on or after July 1, 1971, with 5 or
more but less than 20 years of service shall be entitled to
receive a service retirement pension upon or after attainment
of age 62. Such pension is to be calculated as follows:
Beginning as of June 25, 1971, the service retirement
pension for a teacher who retires on or after such date, at
age 60 or over, shall be 1.67% for each of the first 10 years
of service; 1.90% for each of the next 10 years of service;
2.10% for each year of service in excess of 20 but not
exceeding 30; and 2.30% for each year of service in excess of
30, based upon average salary as herein defined. When
computing such service retirement pensions, the following
conditions shall apply:
1. Average salary shall consist of the average annual
rate of salary for the 4 consecutive years of validated
service within the last 10 years of service when such average
annual rate was highest. In the determination of average
salary for retirement allowance purposes, for members who
commenced employment after August 31, 1979, that part of the
salary for any year shall be excluded which exceeds the
annual full-time salary rate for the preceding year by more
than 20%. In the case of a member who commenced employment
before August 31, 1979 and who receives salary during any
year after September 1, 1983 which exceeds the annual full
time salary rate for the preceding year by more than 20%, an
Employer and other employers of eligible contributors as
defined in Section 17-106 the Board of Education or employer
shall pay to the Fund an amount equal to the present value of
the additional service retirement pension resulting from such
excess salary. The present value of the additional service
retirement pension shall be computed by the Board on the
basis of actuarial tables adopted by the Board. If a member
elects to receive a pension from this Fund fund provided by
Section 20-121, his salary under the State Universities
Retirement System and the Teachers' Retirement System of the
State of Illinois shall be considered in determining such
average salary. Amounts paid after the effective date of
this amendatory Act of 1991 for unused vacation time earned
after that effective date shall not under any circumstances
be included in the calculation of average salary or the
annual rate of salary for the purposes of this Article.
2. Proportionate credit shall be given for validated
service of less than one year.
3. For retirement at age 60 or over the pension shall be
payable at the full rate.
4. For separation from service below age 60 to a minimum
age of 55, the pension shall be discounted at the rate of
1/2 of one per cent for each month that the age of the
contributor is less than 60, but a teacher may elect to defer
the effective date of pension in order to eliminate or reduce
this discount. This discount shall not be applicable to any
participant who has at least 35 years of service on the date
the retirement annuity begins.
5. No additional pension shall be granted for service
exceeding 45 years. Beginning June 26, 1971 no pension shall
exceed the greater of $1,500 per month or 75% of average
salary as herein defined.
6. Service retirement pensions shall begin on the
effective date of resignation, retirement, the day following
the close of the payroll period for which service credit was
validated, or the time the person resigning or retiring
attains age 55, or on a date elected by the teacher,
whichever shall be latest.
(Source: P.A. 86-1488.)
(40 ILCS 5/17-116.1) (from Ch. 108 1/2, par. 17-116.1)
(Text of Section from P.A. 90-32)
Sec. 17-116.1. Early retirement without discount.
(a) A member retiring after June 1, 1980 and before June
30, 1995 and within 6 months of the last day of teaching for
which retirement contributions were required, may elect at
the time of application to make a one time employee
contribution to the system and thereby avoid the early
retirement reduction in allowance specified in paragraph (4)
of Section 17-116 of this Article. The exercise of the
election shall obligate the last Employer employer to also
make a one time non-refundable contribution to the Fund fund.
(b) Subject to authorization by the Employer employer as
provided in subsection (c), a member retiring on or after
June 30, 1995 and on or before June 30, 2000 and within 6
months of the last day of teaching for which retirement
contributions were required may elect at the time of
application to make a one-time employee contribution to the
Fund and thereby avoid the early retirement reduction in
allowance specified in paragraph (4) of Section 17-116. The
exercise of the election shall obligate the last Employer
employer to also make a one-time nonrefundable contribution
to the Fund.
(c) The benefits provided in subsection (b) are
available only to members who retire, during a specified
period, from employment with an Employer employer that has
adopted and filed with the Board board of the Fund a
resolution expressly providing for the creation of an early
retirement without discount program under this Section for
that period.
The Employer employer has the full discretion and
authority to determine whether an early retirement without
discount program is in its best interest and to provide such
a program to its eligible employees in accordance with this
Section. The Employer employer may decide to authorize such
a program for one or more of the following periods: for the
period beginning July 1, 1997 and ending June 30, 1998, in
which case the resolution must be adopted by January 1, 1998;
for the period beginning July 1, 1998 and ending June 30,
1999, in which case the resolution must be adopted by March
31, 1998; and for the period beginning July 1, 1999 and
ending June 30, 2000, in which case the resolution must be
adopted by March 31, 1999. The resolution must be filed with
the Board board of the Fund within 10 days after it is
adopted. A single resolution may authorize an early
retirement without discount program as provided in this
Section for more than one period.
Notwithstanding Section 17-157, the Employer employer
shall also have full discretion and authority to determine
whether to allow its employees who withdrew from service on
or after June 30, 1995 and before June 27, the effective date
of this amendatory Act of 1997 to participate in an early
retirement without discount program under subsection (b). An
early retirement without discount program for those who
withdrew from service on or after June 30, 1995 and before
June 27, the effective date of this amendatory Act of 1997
may be authorized only by a resolution of the Employer
employer that is adopted by January 1, 1998 and filed with
the Board board of the Fund within 10 days after its
adoption. If such a resolution is duly adopted and filed, a
person who (i) withdrew from service with the Employer
employer on or after June 30, 1995 and before June 27, the
effective date of this amendatory Act of 1997, (ii) qualifies
for early retirement without discount under subsection (b),
(iii) applies to the Fund within 90 days after the
authorizing resolution is adopted, and (iv) pays the required
employee contribution shall have his or her retirement
pension recalculated in accordance with subsection (b). The
resulting increase shall be effective retroactively to the
starting date of the retirement pension.
(d) The one-time employee contribution shall be equal to
7% of the retiring member's highest full-time annual salary
rate used in the determination of the average salary rate for
retirement pension, or if not full-time then the full-time
equivalent, multiplied by (1) the number of years the teacher
is under age 60, or (2) the number of years the employee's
creditable service is less than 35 years, whichever is less.
The Employer employer contribution shall be 20% of such
salary multiplied by such number of years.
(e) Upon receipt of the application and election, the
Board board shall determine the one time employee and
Employer employer contributions. The provisions of this
Section shall not be applicable until all the above outlined
contributions have been received by the Fund fund; however,
the date such contributions are received shall not be
considered in determining the effective date of retirement.
(f) The number of employees who may retire under this
Section in any year may be limited at the option of the
Employer employer to a specified percentage of those
eligible, not lower than 30%, with the right to participate
to be allocated among those applying on the basis of
seniority in the service of the Employer employer.
(Source: P.A. 90-32, eff. 6-27-97.)
(Text of Section from P.A. 90-448)
Sec. 17-116.1. Early retirement without discount.
(a) A member retiring after June 1, 1980 and before June
30, 1995 2005 and within 6 months of the last day of teaching
for which retirement contributions were required, may elect
at the time of application to make a one time employee
contribution to the system and thereby avoid the early
retirement reduction in allowance specified in paragraph (4)
of Section 17-116 of this Article. The exercise of the
election shall obligate the last Employer employer to also
make a one time non-refundable contribution to the Fund fund.
(b) Subject to authorization by the Employer as provided
in subsection (c), a member retiring on or after June 30,
1995 and on or before June 30, 2000 and within 6 months of
the last day of teaching for which retirement contributions
were required may elect at the time of application to make a
one-time employee contribution to the Fund and thereby avoid
the early retirement reduction in allowance specified in
paragraph (4) of Section 17-116. The exercise of the
election shall obligate the last Employer to also make a
one-time nonrefundable contribution to the Fund.
(c) The benefits provided in subsection (b) are
available only to members who retire, during a specified
period, from employment with an Employer that has adopted and
filed with the Board a resolution expressly providing for the
creation of an early retirement without discount program
under this Section for that period.
The Employer has the full discretion and authority to
determine whether an early retirement without discount
program is in its best interest and to provide such a program
to its eligible employees in accordance with this Section.
The Employer may decide to authorize such a program for one
or more of the following periods: for the period beginning
July 1, 1997 and ending June 30, 1998, in which case the
resolution must be adopted by January 1, 1998; for the period
beginning July 1, 1998 and ending June 30, 1999, in which
case the resolution must be adopted by March 31, 1998; and
for the period beginning July 1, 1999 and ending June 30,
2000, in which case the resolution must be adopted by March
31, 1999. The resolution must be filed with the Board within
10 days after it is adopted. A single resolution may
authorize an early retirement without discount program as
provided in this Section for more than one period.
Notwithstanding Section 17-157, the Employer shall also
have full discretion and authority to determine whether to
allow its employees who withdrew from service on or after
June 30, 1995 and before June 27, 1997 to participate in an
early retirement without discount program under subsection
(b). An early retirement without discount program for those
who withdrew from service on or after June 30, 1995 and
before June 27, 1997 may be authorized only by a resolution
of the Employer that is adopted by January 1, 1998 and filed
with the Board within 10 days after its adoption. If such a
resolution is duly adopted and filed, a person who (i)
withdrew from service with the Employer on or after June 30,
1995 and before June 27, 1997, (ii) qualifies for early
retirement without discount under subsection (b), (iii)
applies to the Fund within 90 days after the authorizing
resolution is adopted, and (iv) pays the required employee
contribution shall have his or her retirement pension
recalculated in accordance with subsection (b). The
resulting increase shall be effective retroactively to the
starting date of the retirement pension.
(d) The one-time employee contribution shall be equal to
7% of the retiring member's highest full-time annual salary
rate used in the determination of the average salary rate for
retirement pension, or if not full-time then the full-time
equivalent, multiplied by (1) the number of years the teacher
is under age 60, or (2) the number of years the employee's
creditable service is less than 35 years, whichever is less.
The Employer employer contribution shall be 20% of such
salary multiplied by such number of years.
(e) Upon receipt of the application and election, the
Board board shall determine the one time employee and
Employer employer contributions. The provisions of this
Section shall not be applicable until all the above outlined
contributions have been received by the Fund fund; however,
the date such contributions are received shall not be
considered in determining the effective date of retirement.
(f) The number of employees who may retire under this
Section in any year may be limited at the option of the
Employer employer to a specified percentage of those
eligible, not lower than 30%, with the right to participate
to be allocated among those applying on the basis of
seniority in the service of the Employer employer.
Notwithstanding Section 17-157, the extension of the
deadline for early retirement without discount under this
Section effected by this amendatory Act of 1997 also applies
to persons who withdrew from service on or after June 30,
1995 and before the effective date of this amendatory Act of
1997. Any such person who qualifies for early retirement
without discount under this Section, applies to the Fund
within 90 days after the effective date of this amendatory
Act of 1997, and pays the required employee contribution may
have his or her retirement pension recalculated in accordance
with this Section; the resulting increase shall be effective
retroactively to the starting date of the retirement pension.
(Source: P.A. 90-448, eff. 8-16-97.)
(40 ILCS 5/17-117) (from Ch. 108 1/2, par. 17-117)
Sec. 17-117. Disability retirement pension.
(a) The conditions prescribed in items 1 and 2 in
Section 17-116 for computing service retirement pensions
shall apply in the computation of disability retirement
pensions.
(1) Each teacher retired or retiring after 10 years
of service and with less than 20 years of service because
of permanent disability not incurred as a proximate
result of the performance of duty shall receive a
disability retirement pension equal to 1 2/3% of average
salary for each year of service.
(2) If the total service is 20 years and less than
25 years and the teacher's age is under 55, the
disability retirement pension shall equal a service
retirement pension discounted 1/2 of 1% for each month
the age of the contributor is less than 55 down to a
minimum age of 50 years, provided the disability
retirement pension so computed shall not be less than the
amount payable under paragraph 1.
(3) If the total service is 20 years or more and
the teacher has attained age 55, and is under age 60, a
disability retirement pension shall equal a service
retirement pension without discount.
(4) If the total service is 25 years or more
regardless of age, a disability pension shall equal a
service retirement pension without discount.
(5) If the total service is 20 years or more and
the teacher is age 60 or over, a service retirement
pension shall be payable.
(b) For disability retirement pensions, the following
further conditions shall apply:
(1) Written application shall be submitted within 3
years from the date of separation.
(2) The applicant shall submit to examination by
physicians appointed by the Board board within one year
from the date of their appointment.
(3) Two physicians, appointed by the Board board,
shall declare the applicant to be suffering from a
disability which wholly and presumably permanently
incapacitates him for teaching or for service as an
employee of the Board board. In the event of
disagreement by the physicians, a third physician,
appointed by the Board board, shall declare the applicant
wholly and presumably permanently incapacitated.
(c) Disability retirement pensions shall begin on the
effective date of resignation or the day following the close
of the payroll period for which credit was validated,
whichever is later.
(Source: P.A. 90-32; eff. 6-27-97.)
(40 ILCS 5/17-117.1) (from Ch. 108 1/2, par. 17-117.1)
Sec. 17-117.1. Duty disability. A teacher who becomes
wholly and presumably permanently incapacitated for duty
while under age 65 as the proximate result of injuries
sustained or a hazardous condition encountered in the
performance and within the scope of his duties, if such
injury or hazard was not the result of his own negligence,
shall be entitled to a duty disability benefit, provided:
(1) application for the benefit is made to the
Board not more than 6 months after a final settlement or
an award from the Industrial Commission or within 6
months of the manifestation of an injury or illness that
can be traced directly to an injury or illness for which
a claim was filed with the Industrial Commission;
(2) certification is received from 2 or more
physicians designated by the Board board that the teacher
is physically incapacitated for teaching service; and
(3) the teacher provides the Board with a copy of
the notice of the occurrence that was filed with the
Employer Board of Education within the time provided by
law.
The benefit shall be payable during disability and shall
be 75% of the salary in effect at date of disability, payable
until the teacher's attainment of age 65. At such time if
disability still exists, the teacher shall become entitled to
a service retirement pension. Creditable service shall accrue
during the period the disability benefit is payable.
Before any action is taken by the Board board on an
application for a duty disability benefit, the teacher shall
file a claim with the Industrial Commission to establish that
the disability was incurred while the teacher was acting
within the scope of and in the course of his duties under the
terms of the Workers' Compensation or Occupational Diseases
Acts, whichever may be applicable. The benefit shall be
payable after a finding by the Commission that the claim was
compensable under either of the aforesaid Acts; but if such
finding is appealed the benefit shall be payable only upon
affirmance of the Commission's finding. After the teacher has
made timely application for a duty disability benefit
supported by the certificate of two or more physicians, he
shall be entitled to a disability retirement pension provided
in Section 17-117 of this Act until such time as the
Industrial Commission award finding that his disability is
duty-connected as provided in this Section becomes final.
Any amounts provided for the teacher under such Acts
shall be applied as an offset to the duty disability benefit
payable hereunder in such manner as may be prescribed by the
rules of the Board board.
(Source: P.A. 90-32, eff. 6-27-97.)
(40 ILCS 5/17-118) (from Ch. 108 1/2, par. 17-118)
Sec. 17-118. Disability pension administration. A
disability pensioner may be required to submit to an
examination periodically by a physician or physicians
appointed by the Board board. The purpose of the examination
is to establish whether the disability still exists and to
determine whether the person is still incapacitated for
teaching service or service as an employee of the Board
board. The Board board may require disability pensioners to
submit evidence of the continued existence of the disability.
The Board board may also employ investigative services to
determine whether such pensioners are employed elsewhere as
teachers or to establish whether they are still disabled.
The Board board shall cancel a disability pension upon
evidence that a pensioner is no longer incapacitated for
teaching or service as an employee of the Board board.
However, if a pensioner has attained age 55 and has 20 or
more years of service, the pension shall not be cancelled
unless he is re-employed as a teacher or as a
pensioner-substitute. If a disability pensioner is
re-employed as a teacher or pensioner-substitute, the pension
shall be cancelled on the first day of re-employment. The
pensioner shall reimburse the Fund for pension payments
received after the date of re-employment (if any), plus 5%
interest compounded annually beginning one year after the
Fund's notification of the cancellation and indebtedness.
Upon cancellation of a disability pension, unless such person
re-enters service and becomes a contributor, a refund shall
be payable of the excess, if any, of the refundable
contributions paid by him over the amount paid in disability
pension.
(Source: P.A. 81-1536.)
(40 ILCS 5/17-119) (from Ch. 108 1/2, par. 17-119)
Sec. 17-119. Automatic annual increase in pension. Each
teacher retiring on or after September 1, 1959, is entitled
to the annual increase in pension, defined herein, while he
is receiving a pension from the Fund fund.
1. The term "base pension" means a service retirement or
disability retirement pension in the amount fixed and payable
at the date of retirement of a teacher.
2. The annual increase in pension shall be at the rate
of 1 1/2% of base pension. This increase shall first occur in
January of the year next following the first anniversary of
retirement. At such time the Fund fund shall pay the pro rata
part of the increase for the period from the first
anniversary date to the date of the first increase in
pension. Beginning January 1, 1972, the rate of annual
increase in pension shall be 2% of the base pension.
Beginning January 1, 1979, the rate of annual increase in
pension shall be 3% of the base pension. Beginning January 1,
1990, all automatic annual increases payable under this
Section shall be calculated as a percentage of the total
pension payable at the time of the increase, including all
increases previously granted under this Article,
notwithstanding Section 17-157.
3. An increase in pension shall be granted only if the
retired teacher is age 60 or over. If the teacher attains age
60 after retirement, the increase in pension shall begin in
January of the year following the 61st birthday. At such time
the Fund fund also shall pay the pro rata part of the
increase from the 61st birthday to the date of first increase
in pension.
In addition to other increases which may be provided by
this Section, on January 1, 1981 any teacher who was
receiving a retirement pension on or before January 1, 1971
shall have his retirement pension then being paid increased
$1 per month for each year of creditable service. On January
1, 1982, any teacher whose retirement pension began on or
before January 1, 1977, shall have his retirement pension
then being paid increased $1 per month for each year of
creditable service.
On January 1, 1987, any teacher whose retirement pension
began on or before January 1, 1977, shall have the monthly
retirement pension increased by an amount equal to 8¢ per
year of creditable service times the number of years that
have elapsed since the retirement pension began.
(Source: P.A. 86-273.)
(40 ILCS 5/17-120) (from Ch. 108 1/2, par. 17-120)
Sec. 17-120. Reversionary pension. Any contributor, at
any time prior to retirement on a service retirement pension,
may exercise an option of taking a lesser amount of service
retirement pension and providing with the remainder of his
equity, determined on an actuarial equivalent basis, a
reversionary pension benefit for any person named in a
written designation filed by the contributor with the Board
board, provided that the pension resulting from such election
is not less than $40 per month, or more than the reduced
pension payable after the exercise of the option. If the
reduced pension to the retired teacher is less than that
provided for a beneficiary, whether or not the aforesaid
minimum amount is payable, the election shall be void.
The pension to a beneficiary shall begin on the first day
of the month next following the month in which the retired
teacher dies.
If the beneficiary survives the date of retirement of the
teacher, but does not survive the retired teacher, no
reversionary pensions shall be payable, and the teacher's
service pension shall be restored to the full service pension
amount beginning on the first day of the month next following
the month in which the beneficiary dies or on the effective
date of this amendatory Act of 1997, whichever occurs later.
If the beneficiary dies after the election but before the
retirement of the teacher, the election shall be void. No
change shall be permitted in the written designation filed
with the Board board.
In the case of a reversionary annuity elected on or after
January 1, 1984, no reversionary annuity shall be paid if the
teacher dies before the expiration of 730 days from the date
that a written designation was filed with the Board board,
even though the teacher was receiving a reduced annuity.
Sections 1-103.1 and 17-157 do not apply to the changes
made to this Section by this amendatory Act of 1997.
(Source: P.A. 90-32, eff. 6-27-97.)
(40 ILCS 5/17-122) (from Ch. 108 1/2, par. 17-122)
Sec. 17-122. Survivor's and children's pensions - Amount.
Upon the death of a teacher who has completed at least 1 1/2
years of contributing service with either this Fund or the
State Universities Retirement System or the Teachers'
Retirement System of the State of Illinois, provided his
death occurred while (a) in active service covered by the
Fund fund or during his first 18 months of continuous
employment without a break in service under any other
participating system as defined in the Illinois Retirement
Systems Reciprocal Act except the State Universities
Retirement System and the Teachers' Retirement System of the
State of Illinois, (b) on a creditable leave of absence, (c)
on a noncreditable leave of absence of no more than one year,
or (d) a pension was deferred or pending provided the teacher
had at least 10 years of validated service credit, or upon
the death of a pensioner otherwise qualified for such
benefit, the surviving spouse and unmarried minor children of
the deceased teacher under age 18 shall be entitled to
pensions, under the conditions stated hereinafter. Such
survivor's and children's pensions shall be based on the
average of the 4 highest consecutive years of salary in the
last 10 years of service or on the average salary for total
service, if total service has been less than 4 years,
according to the following percentages:
30% of average salary or 50% of the retirement pension
earned by the teacher, whichever is larger, subject to the
prescribed maximum monthly payment, for a surviving spouse
alone on attainment of age 50;
60% of average salary for a surviving spouse and
eligible minor children of the deceased teacher.
If no eligible spouse survives, or the surviving spouse
remarries, or the parent of the children of the deceased
member is otherwise ineligible for a survivor's pension, a
children's pension for eligible minor children under age 18
shall be paid to their parent or legal guardian for their
benefit according to the following percentages:
30% of average salary for one child;
60% of average salary for 2 or more children.
On January 1, 1981, any survivor or child who was
receiving a survivor's or children's pension on or before
January 1, 1971, shall have his survivor's or children's
pension then being paid increased by 1% for each full year
which has elapsed from the date the pension began. On January
1, 1982, any survivor or child whose pension began after
January 1, 1971, but before January 1, 1981, shall have his
survivor's or children's pension then being paid increased 1%
for each full year which has elapsed from the date the
pension began. On January 1, 1987, any survivor or child
whose pension began on or before January 1, 1977, shall have
the monthly survivor's or children's pension increased by $1
for each full year which has elapsed since the pension began.
Beginning January 1, 1990, every survivor's and
children's pension shall be increased (1) on each January 1
occurring on or after the commencement of the pension if the
deceased teacher died while receiving a retirement pension,
or (2) in other cases, on each January 1 occurring on or
after the first anniversary of the commencement of the
pension, by an amount equal to 3% of the current amount of
the pension, including all increases previously granted under
this Article, notwithstanding Section 17-157. Such increases
shall apply without regard to whether the deceased teacher
was in service on or after the effective date of this
amendatory Act of 1991, but shall not accrue for any period
prior to January 1, 1990.
Subject to the minimum established below, the maximum
amount of pension for a surviving spouse alone or one minor
child shall be $400 per month, and the maximum combined
pensions for a surviving spouse and children of the deceased
teacher shall be $600 per month, with individual pensions
adjusted for all beneficiaries pro rata to conform with this
limitation. If proration is unnecessary the minimum
survivor's and children's pensions shall be $40 per month.
The minimum total survivor's and children's pension payable
upon the death of a contributor or annuitant which occurs
after December 31, 1986, shall be 50% of the earned
retirement pension of such contributor or annuitant,
calculated without early retirement discount in the case of
death in service.
On death after retirement, the total survivor's and
children's pensions shall not exceed the monthly retirement
or disability pension paid to the deceased retirant.
Survivor's and children's benefits described in this Section
shall apply to all service and disability pensioners eligible
for a pension as of July 1, 1981.
(Source: P.A. 90-32, eff. 6-27-97.)
(40 ILCS 5/17-123) (from Ch. 108 1/2, par. 17-123)
Sec. 17-123. Death benefits - Death in service. If a
teacher dies (a) in service, (b) after resignation or (c)
after retirement but before receiving any pension payment,
his estate shall be paid a refund of the amounts he
contributed to the Fund fund less (1) any former refund that
has not been repaid, (2) the amount contributed for a
survivor's pension in the event such pension is payable under
Sections 121 and 122 of this Article and (3) pension payments
received; but if a written direction, signed by the
contributor before an officer authorized to take
acknowledgments and stating that the refund shall be paid to
named beneficiaries, was filed with the Board board prior to
his death, the refund shall be paid to such named
beneficiaries. If any of several named beneficiaries does not
survive the contributor and no directive was furnished by the
member to cover this contingency, the deceased beneficiary's
share of the refund shall be paid to the estate of the
contributor.
In addition to the payment provided in the foregoing
paragraph, if such teacher has received service credit within
13 calendar months of the date of death or was on a sick
leave authorized by the Employer Board of Education at the
time of death, and if no other pensions or benefits were
payable under the provisions of this Article or any other
participating system, as defined in the Illinois Retirement
Systems Reciprocal Act, except a refund of contributions or a
survivor's pension, there shall be paid a single payment
death benefit. For a teacher who dies on or after the
effective date of this amendatory Act of 1991, this benefit
shall be equal to the last month's base rate of salary,
subject to the limitations and conditions set forth in this
Article, for each year of validated service, not to exceed 6
times such salary, or $10,000, whichever is less. The single
payment death benefit shall be paid in the manner prescribed
for a refund of contributions to the Fund fund.
Death benefits shall be paid only on written application
to the Board board.
(Source: P.A. 86-1488.)
(40 ILCS 5/17-124) (from Ch. 108 1/2, par. 17-124)
Sec. 17-124. Death Benefits - Death on pension. On
written application to the Board board, there shall be paid
to the estate of a deceased teacher-pensioner pension
payments, accrued, temporarily withheld or represented by
checks uncashed at the date of his death and the excess, if
any, of an amount equal to his refundable contributions for
service or disability retirement pension over pension to the
date of death; provided, that if there be filed with the
Board board prior to the death of the pensioner his written
direction, signed and acknowledged before an officer
authorized to take acknowledgments, that such payments be
paid to designated beneficiaries, they shall be so paid on
written application therefor to the Board board. If none of
several named beneficiaries survives the pensioner and no
directive was furnished by the member to cover this
contingency, the deceased beneficiary's share shall be paid
to the estate of the pensioner.
If a reversionary pension is payable upon death of a
pensioner, the determination and payment of any refund of
contributions payable under this Section shall be made upon
death of the reversionary pensioner. At such time a refund of
contributions less (1) the amount contributed for annual
increases in pension and (2) total pension payments to the
teacher-pensioner and survivor shall be paid in the manner
provided in this Section to the designated beneficiaries, or
estate of the deceased survivor.
If a pension is payable to a surviving spouse and/or
minor children upon death of a pensioner, the determination
of any refund of contributions payable under this Section
shall be made upon death of the survivor and marriage or
attainment of age 18 of minor children. At that time a refund
of contributions for retirement and survivors' and children's
pensions less total pension payments to teacher-pensioner,
survivor and minor children shall be paid in the manner
provided in this Section to the designated beneficiaries, or
estate of the deceased survivor.
If eligible beneficiaries for survivors' or children's
benefits existed at the time of a pensioner's retirement but
not on the date of his death thereafter, the excess of total
contributions for retirement and survivors' and children's
pensions over pensions paid shall be determined upon death of
the pensioner and paid in the manner provided in this Section
to the designated beneficiaries, or estate of the deceased
teacher-pensioner.
Reversionary or survivor's pension payments accrued,
temporarily withheld, or represented by uncashed checks to
the date of death shall be paid to the reversionary
pensioner's or survivor's designated beneficiaries, or estate
in the manner provided in this Section.
On death of a retired teacher whose death occurs on or
after the effective date of this amendatory Act of 1991,
there shall be payable a lump sum death benefit equal to 6
times the teacher's salary rate for his last month of service
or $10,000, whichever is less, upon death during the first
year on pension minus 1/5 of the death benefit, as defined
herein, for each year or fraction thereof on pension after
the first full year, to a minimum of $5,000.
Notwithstanding Section 17-157, the changes made in this
Section and Section 17-123 by this amendatory Act of 1991
shall apply to teachers dying on or after the effective date
of this amendatory Act of 1991 without regard to whether
service terminated prior to that date.
(Source: P.A. 86-1488.)
(40 ILCS 5/17-125) (from Ch. 108 1/2, par. 17-125)
Sec. 17-125. Refund of contributions. Upon certification
by the Employer On approval of his resignation by the Board
of Education or cancellation of his teaching certificate
prior to completion of the minimum term of service required
to establish eligibility for a pension and on written
application therefor, a teacher shall be paid a refund of all
the amounts he has contributed to the Fund fund, less any
former refund that has not been repaid.
Upon certification by the Employer On approval of his
resignation by the Board of Education or cancellation of his
teaching certificate after completion of the minimum term of
service required to establish eligibility for a pension and
on written application therefor, a teacher shall be paid a
refund of all the amounts he has contributed, less (1) any
former refund that has not been repaid, and (2) pension
payments received, provided he has executed and delivered to
the Board board his written receipt and release in that
behalf. Thereupon, he shall have no further interest in or
claim against the Fund fund.
A request for refund under either of the preceding
paragraphs shall be considered valid if withdrawal from
service occurred at least 2 months prior to the filing of
such request.
Upon retirement of a teacher either on immediate or
deferred pension, if the teacher is not then married, or if
his spouse or children do not meet the qualifying conditions
for survivor's or children's pensions, the total amount
contributed by him or otherwise paid by deductions from
salary for survivor's pension, shall be refunded to him,
without interest. No survivor's or children's pension rights
shall be effective thereafter in such a case.
During a teacher's term of service, no refund is payable
except contributions made in error.
(Source: P.A. 84-1028.)
(40 ILCS 5/17-126) (from Ch. 108 1/2, par. 17-126)
Sec. 17-126. Repayment of refund. If any person who has
received a refund is reemployed by an Employer the Board of
Education and again becomes a contributor for a period of at
least 2 years, or has established credit of at least 2 years
of service subsequent to the date of such refund, in a
retirement system which has subscribed to the "Retirement
Systems Reciprocal Act" and is a contributor thereto, he may
repay to the Fund fund the amount he received as a refund,
together with interest thereon at 5% per annum compounded
annually from the time the refund was paid to the date of
repayment.
(Source: P.A. 80-570.)
(40 ILCS 5/17-127) (from Ch. 108 1/2, par. 17-127)
Sec. 17-127. Financing; revenues for the Fund.
(a) The revenues for the Fund shall consist of: (1)
amounts paid into the Fund by contributors thereto and from
taxes and State appropriations in accordance with this
Article; (2) amounts contributed to the Fund by an Employer;
(3) amounts contributed to the Fund pursuant to any law now
in force or hereafter to be enacted; (4) (3) contributions
from any other source; and (5) (4) the earnings on
investments.
(b) The General Assembly finds that for many years the
State has contributed to the Fund an annual amount that is
between 20% and 30% of the amount of the annual State
contribution to the Article 16 retirement system, and the
General Assembly declares that it is its goal and intention
to continue this level of contribution to the Fund in the
future.
(Source: P.A. 88-593, eff. 8-22-94.)
(40 ILCS 5/17-127.1) (from Ch. 108 1/2, par. 17-127.1)
Sec. 17-127.1. Special revenues. Donations, gifts, and
legacies received by the fund shall be held and accounted for
as the Board so provides of Trustees so provide by
appropriate resolution. Nothing in this Article shall be so
construed as to prevent the Board of Trustees from directing
such resources to be used for memorial or other commemorative
purposes honoring the grantors, while alive or posthumously,
of such special revenues.
(Source: P.A. 83-388.)
(40 ILCS 5/17-129) (from Ch. 108 1/2, par. 17-129)
Sec. 17-129. Employer contributions; deficiency in Fund.
(a) If in any fiscal year the total amounts paid to the
Fund from the Board board of Education education (other than
under this subsection, and other than amounts used for making
or "picking up" contributions on behalf of teachers) and from
the State do not equal the total contributions made by or on
behalf of the teachers for such year, or if the total income
of the Fund in any fiscal year from all sources is less than
the total expenditures by the Fund for such year, the Board
of Education shall, in the next succeeding year, in addition
to any other payment to the Fund set apart and appropriate
from moneys from its tax levy for educational purposes, a sum
sufficient to remove such deficiency or deficiencies, and
promptly pay such sum into the Fund in order to restore any
of the reserves of the Fund that may have been so temporarily
applied.
(b) For fiscal years 2011 through 2045, the minimum
contribution to the Fund to be made by the Board board of
Education education in each fiscal year shall be an amount
determined by the Fund to be sufficient to bring the total
assets of the Fund up to 90% of the total actuarial
liabilities of the Fund by the end of fiscal year 2045. In
making these determinations, the required Board board of
Education education contribution shall be calculated each
year as a level percentage of the applicable employee
payrolls payroll over the years remaining to and including
fiscal year 2045 and shall be determined under the projected
unit credit actuarial cost method.
For fiscal years 1999 through 2010, the Board board of
Education's education's contribution to the Fund, as a
percentage of the applicable employee payroll, shall be
increased in equal annual increments so that by fiscal year
2011, the Board board of Education education is contributing
at the rate required under this subsection.
Beginning in fiscal year 2046, the minimum Board board of
Education education contribution for each fiscal year shall
be the amount needed to maintain the total assets of the Fund
at 90% of the total actuarial liabilities of the Fund.
(c) The Board of Trustees shall determine the amount of
Board board of Education education contributions required for
each fiscal year on the basis of the actuarial tables and
other assumptions adopted by the Board and the
recommendations of the actuary, in order to meet the minimum
contribution requirements of subsections (a) and (b).
Annually, on or before February 28 November 15, the Board
shall certify to the Board board of Education education the
amount of the required Board board of Education education
contribution for the coming fiscal year. The certification
shall include a copy of the actuarial recommendations upon
which it is based.
(Source: P.A. 89-15, eff. 5-30-95.)
(40 ILCS 5/17-130) (from Ch. 108 1/2, par. 17-130)
Sec. 17-130. Participants' contributions by payroll
deductions. There shall be deducted from the salary of each
teacher 6 1/2% of his salary for service or disability
retirement pension and 1/2 of 1% of salary for the annual
increase in base pension.
In addition, there shall be deducted from the salary of
each teacher 1% of his salary for survivors' and children's
pensions.
An Employer and any employer of eligible contributors as
defined in Section 17-106 The board is authorized to make the
necessary deductions from the salaries of its teachers, to
receive any other contributions required to be made by them,
and to certify to the city treasurer the amounts so deducted
and contributed by them. Such amounts shall be included as a
part of the Fund fund. An Employer and any employer of
eligible contributors as defined in Section 17-106 The board
shall formulate such rules and regulations as may be
necessary to give effect to the provisions of this Section.
All persons employed as teachers shall, by such
employment, accept the provisions of this Article and of
Sections 34-83 to 34-87, inclusive, of "The School Code",
approved March 18, 1961, as amended, and thereupon become
contributors to the Fund fund in accordance with the terms
thereof. The provisions of this Article and of those Sections
shall become a part of the contract of employment.
(Source: P.A. 81-1536.)
(40 ILCS 5/17-130.1) (from Ch. 108 1/2, par. 17-130.1)
Sec. 17-130.1. Employer contributions on behalf of
employees. An Employer and the Board The Board of Education
may make and may incur an obligation to make contributions on
behalf of its employees in an amount not to exceed the
employee contributions required by Section 17-130 for all
compensation earned after September 21, 1981. If the
Employer or the Board of Education determines not to make
such contributions or incur an obligation to make such
contributions, the amount that it could have contributed on
behalf of its employees shall continue to be deducted from
salary. If contributions are made by an Employer or the
Board of Education on behalf of its employees they shall be
treated as employer contributions in determining tax
treatment under the United States Internal Revenue Code. An
Employer or the The Board of Education may make these
contributions on behalf of its employees by a reduction in
the cash salary of the employee or by an offset against a
future salary increase or by a combination of a reduction in
salary and offset against a future salary increase. An
Employer or the Board The employer shall pay these employee
contributions from the same source of funds which is used in
paying salary to the employee, or it may also or
alternatively make such contributions from the proceeds of
the tax authorized by Section 34-60 of the School Code.
Such If employee contributions are made by the Board of
Education on behalf of its employees, they shall be treated
for all purposes of this Article 17 in the same manner and to
the same extent as employee contributions made by employees
and deducted from salary; provided, however, that
contributions made by the Board of Education on behalf of its
employees which are to be paid from the proceeds of the tax,
as provided in Section 34-60 of the School Code, shall not be
treated as teachers' pension contributions for the purposes
of Section 17-132 of the Illinois Pension Code, and provided
further, that contributions which are made by the Board of
Education on behalf of its employees shall not be treated as
a pension or retirement obligation of the Board of Education
for purposes of Section 12 of "An Act in relation to State
revenue sharing with local governmental entities", approved
July 31, 1969.
(Source: P.A. 86-1471; 86-1488.)
(40 ILCS 5/17-131) (from Ch. 108 1/2, par. 17-131)
Sec. 17-131. Administration of payroll deductions.
During any period in which salaries are paid, such deductions
by an Employer or the Board of Education or the board shall
be made on the basis of the full salary rates, exclusive of
salaries for overtime, special services or any employment on
an optional basis, such as in summer school. If salaries
represent adjustments on account of error, deductions by the
Employer or the Board of Education shall be at rates in force
during the applicable payroll period. If teachers receive
salaries for the school year, as established by an Employer
the Board of Education, or if they receive salaries for more
than 10 calendar months, the amount required for each year of
service shall be deducted by such Employer the Board of
Education in installments. The total amounts for each
semimonthly payroll period, or bi-weekly payroll period, as
the case may be, shall be deducted only when salary payments
represent 5 days' pay or more. If an Employer or the Board
of Education pays salaries to members of the teaching force
for vacation periods, the salary shall be considered part of
the teacher's annual salary, shall be subject to the standard
deductions for pension contributions, and shall be considered
to represent pay for 5 or more days' employment in a
bi-weekly or semi-monthly payroll period for purposes set
forth in this Section. If deductions from salaries result in
amounts of less than one cent, the fractional sums shall be
increased to the next higher cent. Any excess of these
fractional increases over the prescribed annual contributions
shall be credited to the teachers' accounts.
In the event that, pursuant to Section 17-130.1, employee
employer contributions are picked up or made by the Board of
Education on behalf of its employees from the proceeds of the
tax levied under Section 34-60 of the School Code, then the
amount of the employee contributions which are picked up or
made in that manner shall not be deducted from the salaries
of such employees.
(Source: P.A. 86-1471; 86-1488.)
(40 ILCS 5/17-132) (from Ch. 108 1/2, par. 17-132)
Sec. 17-132. Payments and certification of salary
deductions. An Employer The Board of Education shall cause
the Fund to receive all teachers' pension contributions
within 15 business days of the predesignated paydays. Amount
not received by the fifth day shall be deemed delinquent and
subject to late interest penalty (calculated at the average
short-term rate of interest earned by the Fund for the
calendar month preceding the calendar month in which the
delinquency occurs) starting from the predesignated payday
and ending on the date payment is received. The appropriate
officers of the Employer president and the secretary of the
Board of Education shall certify at least monthly to the Fund
city treasurer all amounts deducted from the salaries of
contributors. The certification shall constitute a
confirmation of the accuracy of such deductions according to
the provisions of this Article. For the purpose of this
Section the predesignated payday shall be determined in
accordance with each Employer's the Board of Education
official payroll schedule for contributions to the Fund.
The Board has the authority to conduct payroll audits of
a charter school to determine the existence of any
delinquencies in contributions to the Fund, and such charter
school shall be required to provide such books and records
and contribution information as the Board or its authorized
representative may require. The Board is also authorized to
collect delinquent contributions from charter schools and
develop procedures for the collection of such delinquencies.
Collection procedures may include legal proceedings in the
courts of the State of Illinois. Expenses, including
reasonable attorneys' fees, incurred in the collection of
delinquent contributions may be assessed by the Board against
the charter school.
(Source: P.A. 82-581.)
(40 ILCS 5/17-133) (from Ch. 108 1/2, par. 17-133)
Sec. 17-133. Contributions for periods of outside and
other service. Regularly certified and appointed teachers who
desire to have the following described services credited for
pension purposes shall submit to the Board board evidence
thereof and pay into the Fund fund the amounts prescribed
herein:
1. For teaching service by a certified teacher in
the public schools of the several states or in schools
operated by or under the auspices of the United States, a
teacher shall pay the contributions at the rates in force
(a) on the date of appointment as a regularly certified
teacher after salary adjustments are completed, or (b) at
the time of reappointment after salary adjustments are
completed, whichever is later, but not less than $450 per
year of service. Upon the Board's board's approval of
such service and the payment of the required
contributions, service credit of not more than 10 years
shall be granted.
2. For service as a playground instructor in public
school playgrounds, teachers shall pay the contributions
prescribed in this Article (a) at the time of
appointment, as a regularly certified teacher after
salary adjustments are completed, or (b) on return to
service as a full time regularly certified teacher, as
the case may be, provided such rates or amounts shall not
be less than $450 per year.
3. For service prior to September 1, 1955, in the
public schools of the City as a substitute, evening
school or temporary teacher, or for service as an
Americanization teacher prior to December 31, 1955,
teachers shall pay the contributions prescribed in this
Article (a) at the time of appointment, as a regularly
certified teacher after salary adjustments are completed,
(b) on return to service as a full time regularly
certified teacher, as the case may be, provided such
rates or amounts shall not be less than $450 per year;
and provided further that for teachers employed on or
after September 1, 1953, rates shall not include
contributions for widows' pensions if the service
described in this sub-paragraph 3 was rendered before
that date. Any teacher entitled to repay a refund of
contributions under Section 126 of this Article may
validate service described in this paragraph by payment
of the amounts prescribed herein, together with the
repayment of the refund, provided that if such creditable
service was the last service rendered in the public
schools of the City and is not automatically reinstated
by repayment of the refund, the rates or amounts shall
not be less than $450 per year.
4. For service after June 30, 1982 as a member of
the Board of Education, if required to resign from an
administrative or teaching position in order to qualify
as a member of the Board of Education.
For service described in sub-paragraphs 1, 2 and 3 of
this Section, interest shall be charged beginning one year
after the effective date of appointment or reappointment.
Effective September 1, 1974, the interest rate to be
charged by the Fund fund on contributions provided in
sub-paragraphs 1, 2, 3 and 4 shall be 5% per annum compounded
annually.
(Source: P.A. 87-794.)
(40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134)
Sec. 17-134. Contributions for leaves of absence;
military service; computing service. In computing service
for pension purposes the following periods of service shall
stand in lieu of a like number of years of teaching service
upon payment therefor in the manner hereinafter provided: (a)
time spent on sabbatical leaves of absence, sick leaves or
maternity or paternity leaves; (b) service with teacher or
labor organizations based upon special leaves of absence
therefor granted by an Employer the Board of Education; (c) a
maximum of 5 years spent in the military service of the
United States, of which up to 2 years may have been served
outside the pension period; (d) unused sick days at
termination of service to a maximum of 244 days; (e) time
lost due to layoff and curtailment of the school term from
June 6 through June 21, 1976; and (f) time spent after June
30, 1982 as a member of the Board of Education, if required
to resign from an administrative or teaching position in
order to qualify as a member of the Board of Education.
(1) For time spent on or after September 6, 1948 on
sabbatical leaves of absence or sick leaves, for which
salaries are paid, an Employer the Board of Education
shall make payroll deductions at the applicable rates in
effect during such periods.
(2) For time spent on sabbatical or sick leaves
commencing on or after September 1, 1961, and for time
spent on maternity or paternity leaves, for which no
salaries are paid, teachers desiring credit therefor
shall pay the required contributions at the rates in
effect during such periods as though they were in
teaching service. If an Employer the Board of Education
pays salary for vacations which occur during a teacher's
sick leave or maternity or paternity leave without
salary, vacation pay for which the teacher would have
qualified while in active service shall be considered
part of the teacher's total salary for pension purposes.
No more than 12 months of sick leave or maternity or
paternity leave credit may be allowed any person during
the entire term of service. Sabbatical leave credit shall
be limited to the time the person on leave without salary
under an Employer's Board of Education rules is allowed
to engage in an activity for which he receives salary or
compensation.
(3) For time spent prior to September 6, 1948, on
sabbatical leaves of absence or sick leaves for which
salaries were paid, teachers desiring service credit
therefor shall pay the required contributions at the
maximum applicable rates in effect during such periods.
(4) For service with teacher or labor organizations
authorized by special leaves of absence, for which no
payroll deductions are made by an Employer the Board of
Education, teachers desiring service credit therefor
shall contribute to the Fund fund upon the basis of the
actual salary received from such organizations at the
percentage rates in effect during such periods for
certified positions with such Employer the Board of
Education. To the extent the actual salary exceeds the
regular salary, which shall be defined as the salary
rate, as calculated by the Board board of trustees, in
effect for the teacher's regular position in teaching
service on September 1, 1983 or on the effective date of
the leave with the organization, whichever is later, the
organization shall pay to the Fund the employer's normal
cost as set by the Board fund the employer's normal cost
as set by the board of trustees on the increment.
(5) For time spent in the military service,
teachers entitled to and desiring credit therefor shall
contribute the amount required for each year of service
or fraction thereof at the rates in force (a) at the date
of appointment, or (b) on return to teaching service as a
regularly certified teacher, as the case may be; provided
such rates shall not be less than $450 per year of
service. These conditions shall apply unless an Employer
the Board of Education elects to and does pay into the
Fund fund the amount which would have been due from such
person had he been employed as a teacher during such
time. In the case of credit for military service not
during the pension period, the teacher must also pay to
the Fund an amount determined by the Board board to be
equal to the employer's normal cost of the benefits
accrued from such service, plus interest thereon at 5%
per year, compounded annually, from the date of
appointment to the date of payment.
The changes to this Section made by Public Act
87-795 shall apply not only to persons who on or after
its effective date are in service under the Fund, but
also to persons whose status as a teacher terminated
prior to that date, whether or not the person is an
annuitant on that date. In the case of an annuitant who
applies for credit allowable under this Section for a
period of military service that did not immediately
follow employment, and who has made the required
contributions for such credit, the annuity shall be
recalculated to include the additional service credit,
with the increase taking effect on the date the Fund
received written notification of the annuitant's intent
to purchase the credit, if payment of all the required
contributions is made within 60 days of such notice, or
else on the first annuity payment date following the date
of payment of the required contributions. In calculating
the automatic annual increase for an annuity that has
been recalculated under this Section, the increase
attributable to the additional service allowable under
this amendatory Act of 1991 shall be included in the
calculation of automatic annual increases accruing after
the effective date of the recalculation.
The total credit for military service shall not
exceed 5 years, except that any teacher who on July 1,
1963, had validated credit for more than 5 years of
military service shall be entitled to the total amount of
such credit.
(6) A maximum of 244 unused sick days credited to
his account by an Employer the Board of Education on the
date of termination of employment. Members, upon
verification of unused sick days, may add this service
time to total creditable service.
(7) In all cases where time spent on leave is
creditable and no payroll deductions therefor are made by
an Employer the Board of Education, persons desiring
service credit shall make the required contributions
directly to the Fund fund.
(8) For time lost without pay due to layoff and
curtailment of the school term from June 6 through June
21, 1976, as provided in item (e) of the first paragraph
of this Section, persons who were contributors on the
days immediately preceding such layoff shall receive
credit upon paying to the Fund a contribution based on
the rates of compensation and employee contributions in
effect at the time of such layoff, together with an
additional amount equal to 12.2% of the compensation
computed for such period of layoff, plus interest on the
entire amount at 5% per annum from January 1, 1978 to the
date of payment. If such contribution is paid, salary
for pension purposes for any year in which such a layoff
occurred shall include the compensation recognized for
purposes of computing that contribution.
(9) For time spent after June 30, 1982, as a
nonsalaried member of the Board of Education, if required
to resign from an administrative or teaching position in
order to qualify as a member of the Board of Education,
an administrator or teacher desiring credit therefor
shall pay the required contributions at the rates and
salaries in effect during such periods as though the
member were in service.
Effective September 1, 1974, the interest charged for
validation of service described in paragraphs (2) through (5)
of this Section shall be compounded annually at a rate of 5%
commencing one year after the termination of the leave or
return to service.
(Source: P.A. 90-32, eff. 6-27-97.)
(40 ILCS 5/17-135) (from Ch. 108 1/2, par. 17-135)
Sec. 17-135. Contributions for other service credits. On
payment at the rates prescribed herein on the date of
appointment or employment as teachers, or as such rates are
adjusted by the Board of Education, but not less than $450
per year of service, members shall be entitled to have
credited for pension purposes service as: (a) a civil service
librarian in the public schools of the city, or in such city;
(b) a playground or recreational instructor for such city or
the Park District in such city; (c) a school clerk, employed
by the Board of Education; and (d) a lunchroom manager for
the Board of Education. Interest on such payments shall be
charged commencing one year after the date of such
appointment or employment.
Effective September 1, 1974, the interest rate to be
charged by the Fund fund shall be 5% per annum compounded
annually.
(Source: P.A. 80-570.)
(40 ILCS 5/17-137) (from Ch. 108 1/2, par. 17-137)
Sec. 17-137. Board created. There shall be elected a
Board of Trustees, herein also referred to as the "Board"
"board", to administer and control the Fund fund created by
this Article. The Board of Trustees shall consist of 12
members, 2 of whom shall be members of the Board of
Education, 6 of whom shall be contributors who are not
principals, one of whom shall be a contributor who is a
principal, and 3 of whom shall be pensioners, all to be
chosen as provided in this Article.
(Source: P.A. 89-136, eff. 7-14-95.)
(40 ILCS 5/17-138) (from Ch. 108 1/2, par. 17-138)
Sec. 17-138. Board membership. At the first meeting of
the Board of Education in November of each year, the Board of
Education shall appoint one of its members to serve, while a
member of the Board of Education, on the Board of Trustees
for a term of 2 years.
On the last school day of the 4th week of October of each
year there shall be elected 2 members of the Board of
Trustees from the teachers other than principals, who shall
hold office for terms of 3 years while retaining their status
as teachers other than principals, and other members to fill
unexpired terms. In the event that schools are not in
session on or during the week prior to the last Friday in
October, this election shall be held on the Friday of the
first subsequent full week of school. The election shall be
by secret ballot and shall be held in such manner as the
Board of Trustees by bylaws or rules shall provide. Only
teachers who are not principals shall be eligible to vote in
the election.
During the first week of November of 1995 and every third
year thereafter, one contributor who is a principal shall be
elected a member of the Board of Trustees. This trustee
shall hold office for a term of 3 years while retaining his
or her status as a principal. The election shall be by mail
ballot and only contributors who are principals shall be
eligible to vote. The election shall be held in the manner
provided by the Board of Trustees by rule or bylaw.
During the first week of November of each odd-numbered
year there shall be elected 3 members of the Board of
Trustees from the pensioners, who shall hold office for a
term of 2 years while retaining their status as pensioners.
The election shall be by mail ballot to all service and
disability pensioners, and shall be held in such manner as
the Board of Trustees by bylaws or rules shall provide.
All trustees, while members of the Board of Education or
while principals, teachers other than principals, or
pensioners, as the case may be, shall hold their offices
until their successors shall have been appointed or elected
and qualified by subscribing to the constitutional oath of
office at the immediately succeeding regular meeting of the
Board board.
(Source: P.A. 89-136, eff. 7-14-95.)
(40 ILCS 5/17-139) (from Ch. 108 1/2, par. 17-139)
Sec. 17-139. Board elections and vacancies.
(1) Contributors other than principals election. Every
member who is not a principal may vote at the election for as
many persons as there are trustees to be elected by the
contributors who are not principals. The name of a candidate
shall not be printed upon the ballot unless he or she has
been assigned on a regular certificate for at least 10 years
in the Chicago public schools or charter schools and
nominated by a petition signed by not less than 200
contributors who are not principals.
Petitions shall be filed with the recording secretary of
the Fund fund on or after September 15 of each year and not
later than October 1st of that year. No more than one
candidate may be nominated by any one petition. If the
nominations do not exceed the number of candidates to be
elected, the canvassing board shall declare the nominated
candidates elected. Otherwise, candidates receiving the
highest number of votes cast for their respective terms shall
be declared elected. The location and number of polling
places shall be designated by the Board board. The election
shall be conducted by the teachers who are not principals,
and the judges of the election shall be selected from the
teachers who are not principals, in such manner as the board
in its bylaws or rules provides.
Elections to fill vacancies on the Board board shall be
held at the next annual election.
(2) Pensioners election. The name of a candidate shall
not be printed on the ballot unless he or she has been
nominated by a petition signed by not less than 100
pensioners of the Fund fund. Petitions shall be filed with
the recording secretary of the Fund fund on or before October
1 of the odd-numbered year. If the nominations do not exceed
3 2, the mailing of ballots shall be eliminated and the
nominated candidates shall be declared elected. Otherwise,
the 3 2 candidates receiving the highest number of votes cast
shall be declared elected. The mailing and counting of the
ballots shall be conducted by the office of the Fund fund
with volunteer assistance from pensioners at the request of
the Board trustees.
(3) Principals election. The name of a candidate shall
not be printed on the ballot unless he or she has been
nominated by a petition signed by at least 25 contributors
who are principals. Petitions shall be filed with the
recording secretary of the Fund on or before October 1 of the
election year. If only one eligible candidate is nominated,
the election shall not be held and the nominated candidate
shall be declared elected. Otherwise, the candidate
receiving the highest number of votes cast shall be declared
elected. The mailing and counting of the ballots shall be
conducted by the office of the Fund.
(4) Vacancies. The Board of Trustees may fill vacancies
occurring in the membership of the Board elected by the
principals, teachers other than principals, or pensioners at
any regular meeting of the Board. The Board of Education may
fill vacancies occurring in the membership of the Board of
Trustees appointed by the Board of Education at any regular
meeting of the Board of Education.
(Source: P.A. 89-136, eff. 7-14-95.)
(40 ILCS 5/17-140) (from Ch. 108 1/2, par. 17-140)
Sec. 17-140. Board officers.
The president, recording secretary and other officers of
the Board board shall be elected by and from the members of
the board at the first meeting of the Board board after the
election of trustees.
In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article, ceases
(after attaching his signature) to hold his office before the
delivery thereof to the payee, his signature nevertheless
shall be valid and sufficient for all purposes with the same
effect as if he had remained in office until delivery
thereof.
(Source: P. A. 78-638.)
(40 ILCS 5/17-141) (from Ch. 108 1/2, par. 17-141)
Sec. 17-141. Board's powers and duties.
The Board board shall have the powers and duties stated
in Sections 17-142 to 17-146, inclusive, in addition to the
other powers and duties provided in this Article.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/17-142) (from Ch. 108 1/2, par. 17-142)
Sec. 17-142. To make payments.
To make payments from the Fund fund of pensions and other
benefits provided in this Article.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/17-142.1) (from Ch. 108 1/2, par. 17-142.1)
Sec. 17-142.1. To defray health insurance costs. To
provide for the partial reimbursement of health insurance
costs.
(1) On the first day of September of each year,
beginning in 1988, the Board board may, by separate warrant,
pay to each recipient of a service retirement, disability
retirement or survivor's pension an amount to be determined
by the Board board, which shall represent partial
reimbursement for the cost of the recipient's health
insurance coverage.
(2) In lieu of the annual payment authorized in
subdivision (1), for pensioners enrolled in the Fund's
regular health care deduction plans, the Fund may pay the
health insurance premium reimbursement on a monthly rather
than annual basis, at the percentage rate established from
time to time by the Board. If the Board so directs, these
monthly payments may be made in the form of a direct payment
of premium and a reduction in the amount deducted from the
annuity, rather than in the form of reimbursement by separate
warrant.
(3) Total payments under this Section in any year may
not exceed $25,000,000 plus any amount that was authorized to
be paid under this Section in the preceding year but was not
actually paid by the Board.
(Source: P.A. 86-1488; 87-794; 87-1265.)
(40 ILCS 5/17-143.1) (from Ch. 108 1/2, par. 17-143.1)
Sec. 17-143.1. Office. To rent, lease, or acquire office
space as may be necessary for the proper administration of
the Fund fund.
(Source: P.A. 83-792.)
(40 ILCS 5/17-144) (from Ch. 108 1/2, par. 17-144)
Sec. 17-144. To fill vacancies. To fill any vacancies
occurring in the Board of Trustees of members elected from
the teachers or pensioners, until the next annual election,
when the vacancies shall be filled as provided by this
Article.
(Source: P.A. 82-260.)
(40 ILCS 5/17-145) (from Ch. 108 1/2, par. 17-145)
Sec. 17-145. To adopt rules.
To adopt such by-laws and rules for the administration of
the Fund fund as it deems advisable.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/17-146) (from Ch. 108 1/2, par. 17-146)
Sec. 17-146. To make investments. To invest the moneys
of the Fund fund, subject to the requirements and
restrictions set forth in this Article and in Sections 1-109,
1-109.1, 1-109.2, 1-110, 1-111, 1-114 and 1-115.
No bank or savings and loan association shall receive
investment funds as permitted by this Section, unless it has
complied with the requirements established pursuant to
Section 6 of the Public Funds Investment Act. Those
requirements shall be applicable only at the time of
investment and shall not require the liquidation of any
investment at any time.
The Board board shall have the authority to enter into
any agreements and to execute any documents that it
determines to be necessary to complete any investment
transaction.
All investments shall be clearly held and accounted for
to indicate ownership by the Fund fund. The Board board may
direct the registration of securities or the holding of
interests in real property in the name of the Fund fund or in
the name of a nominee created for the express purpose of
registering securities or holding interests in real property
by a national or state bank or trust company authorized to
conduct a trust business in the State of Illinois. The Board
board may hold title to interests in real property in the
name of the fund or in the name of a title holding
corporation created for the express purpose of holding title
to interests in real property.
Investments shall be carried at cost or at a value
determined in accordance with generally accepted accounting
principles and accounting procedures approved by the Board
board.
The value of investments held by the Fund fund in one or
more commingled investment accounts shall be determined in
accordance with generally accepted accounting principles.
The Board board of trustees of any fund established under
this Article may not transfer its investment authority, nor
transfer the assets of the Fund fund to any other person or
entity for the purpose of consolidating or merging its assets
and management with any other pension fund or public
investment authority, unless the Board board resolution
authorizing such transfer is submitted for approval to the
contributors and pensioners of the Fund fund at elections
held not less than 30 days after the adoption of such
resolution by the Board board, and such resolution is
approved by a majority of the votes cast on the question in
both the contributors election and the pensioners election.
The election procedures and qualifications governing the
election of trustees shall govern the submission of
resolutions for approval under this paragraph, insofar as
they may be made applicable.
(Source: P.A. 89-636, eff. 8-9-96; 90-19, eff. 6-20-97;
90-32, eff. 6-27-97.)
(40 ILCS 5/17-146.1) (from Ch. 108 1/2, par. 17-146.1)
Sec. 17-146.1. Participation in commingled investment
funds; transfer of investment functions and securities.
(a) The Board retirement board may invest in any
commingled investment fund or funds established and
maintained by the Illinois State Board of Investment under
the provisions of Article 22A of this Code. All commingled
fund participations shall be subject to the law governing the
Illinois State Board of Investment and the rules, policies
and directives of that Board.
(b) The Board retirement board may, by resolution duly
adopted by a majority vote of its membership, transfer to the
Illinois State Board of Investment created by Article 22A of
this Code, for management and administration, all investments
owned by the Fund of every kind and character. Upon
completion of such transfer, the authority of the Board
retirement board to make investments shall terminate.
Thereafter, all investments of the reserves of the Fund shall
be made by the Illinois State Board of Investment in
accordance with the provisions of Article 22A of this Code.
Such transfer shall be made not later than the first day
of the fourth month next following the date of such
resolution. Before such transfer an audit of such
investments shall be completed by a certified public
accountant selected by the Illinois State Board of Investment
and approved by the Auditor General of the State of Illinois.
The expense of such audit shall be defrayed by the retirement
Board board.
(Source: P.A. 90-19, eff. 6-20-97; 90-32, eff. 6-27-97.)
(40 ILCS 5/17-146.2) (from Ch. 108 1/2, par. 17-146.2)
Sec. 17-146.2. To lend securities. The Board board of
trustees may lend securities owned by the Fund to a borrower
upon such written terms and conditions as may be mutually
agreed. The agreement shall provide that during the period
of the loan the Fund (or the custodian of the Fund, or agent
thereof, as applicable) shall retain the right to receive or
collect from the borrower all dividends, interest and
distributions to which the Fund would have otherwise been
entitled. The borrower shall deposit with the Fund
collateral for the loan equal to the market value of the
securities at the time the loan is made, and shall increase
the amount of collateral if the Board requests an additional
amount because of subsequent increased market value of the
securities. The Board may accept from the borrower cash
collateral or collateral consisting of assets described in
Section 1-113 of this Act. To the extent that the Fund
participates in a securities lending program established and
maintained by (1) a national or State bank which is
authorized to do business in the State of Illinois, or (2) an
investment manager, the Board may accept collateral
consisting of an undivided interest in a pool of commingled
collateral that has been established by the bank or
investment manager for the purpose of pooling collateral
received for the loans of securities owned by substantially
all of the participants in such bank's or investment
manager's securities lending program. Nothing in Sections
1-109, 1-110 or 1-113 of this Act shall be construed to
prohibit the Fund's lending of securities in accordance with
this Section.
(Source: P.A. 86-1488.)
(40 ILCS 5/17-147) (from Ch. 108 1/2, par. 17-147)
Sec. 17-147. Custody of Fund fund - Bonds - Legal
proceedings. The city treasurer, ex-officio, shall be the
custodian of the Fund fund, and shall secure and safely keep
it, subject to the control and direction of the Board board.
He shall keep his books and accounts concerning the Fund fund
in the manner prescribed by the Board board. The books and
accounts shall always be subject to the inspection of the
Board board or any member thereof. The city treasurer shall
be liable on his official bond for the proper performance of
his duties and the conservation of the Fund fund.
Payments from the Fund fund shall be made upon warrants
signed by the president and the secretary of the Board of
Education, the president of the Board of Trustees, and
countersigned by the executive director or by such person as
the Board of Trustees may designate from time to time by
appropriate resolution.
Neither the treasurer nor any other officer having the
custody of the Fund fund is entitled to retain any interest
accruing thereon, but such interest shall accrue and inure to
the benefit of such Fund fund, become a part thereof, subject
to the purposes of this Article.
Any legal proceedings necessary for the enforcement of
the provisions of this Article shall be brought by and in the
name of the Board of Trustees of the Fund fund.
(Source: P.A. 80-570.)
(40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
Sec. 17-149. Cancellation of pensions.
If any person receiving a service or disability
retirement pension from the Fund fund is re-employed as a
teacher by an Employer the Board of Education, the pension
shall be cancelled on the date the re-employment begins, or
on the first day of a payroll period for which service credit
was validated, whichever is earlier. However, beginning
August 23, 1989, the pension shall not be cancelled in case
of a service retirement pensioner who is temporarily
re-employed for not more than 100 days during any school year
or on an hourly basis, provided the pensioner does not
receive salary in any school year of an amount more than that
payable to a substitute teacher for 100 days' employment. A
service retirement pensioner who is temporarily re-employed
for not more than 100 days during any school year or on an
hourly basis shall be entitled, at the end of the school
year, to a refund of any contributions made to the Fund fund
during that school year.
If the pensioner does receive salary from an Employer the
Board of Education in any school year for more than 100 days'
employment, the pensioner shall be deemed to have returned to
service on the first day of employment as a
pensioner-substitute. The pensioner shall reimburse the Fund
fund for pension payments received after the return to
service and shall pay to the Fund fund the participant's
contributions prescribed in Section 17-130 of this Article.
If the date of re-employment occurs within 5 school
months after the date of previous retirement, exclusive of
any vacation period, the member shall be deemed to have been
out of service only temporarily and not permanently retired.
Such person shall be entitled to pension payments for the
time he could have been employed as a teacher and received
salary, but shall not be entitled to pension for or during
the summer vacation prior to his return to service.
When the member again retires on pension, the time of
service and the money contributed by him during re-employment
shall be added to the time and money previously credited.
Such person must acquire 3 consecutive years of additional
contributing service before he may retire again on a pension
at a rate and under conditions other than those in force or
attained at the time of his previous retirement.
Notwithstanding Sections 1-103.1 and 17-157, the changes
to this Section made by this amendatory Act of 1997 shall
apply without regard to whether termination of service
occurred before the effective date of this amendatory Act and
shall apply retroactively to August 23, 1989.
(Source: P.A. 90-32, eff. 6-27-97.)
(40 ILCS 5/17-150) (from Ch. 108 1/2, par. 17-150)
Sec. 17-150. Suspension of pensions. Pension payments,
exclusive of those made to the survivors of persons who were
contributors, shall be suspended while the recipient is
employed in a teaching capacity, outside the City in which
the Fund fund exists, by any public school or charter school
in this State, unless the recipient is so employed
temporarily as a substitute teacher for 100 days or less in a
school year or on an hourly basis with earnings not in excess
of the sum payable for 100 days' substitute service.
(Source: P.A. 86-273; 87-794.)
(40 ILCS 5/17-151) (from Ch. 108 1/2, par. 17-151)
Sec. 17-151. Annuities, etc. - Exempt. All pensions,
annuities, refunds, or death benefits granted under the
provisions of this Article are exempt from State and
municipal taxes and are exempt from attachment or garnishment
process. They shall not be seized or levied upon by virtue of
any judgment or any process or proceedings issued out of or
by any court for the payment or satisfaction in whole or in
part of any debt, claim, damage, demand or judgment.
No pensioner has the right to transfer or assign his
pension or any part thereof by way of mortgage or otherwise
except for the purpose (1) of establishing and maintaining
membership in nonprofit group health or hospital plans
approved by the Board board and (2) of establishing a living
trust, the trustee of which is authorized to engage in the
trust business, provided all pension payments so assigned are
required to be paid monthly to the trustor or, in the event
of his incapacity, expended for his benefit. The Board board
is hereby authorized to administer all the details involved
in establishing and maintaining membership in such health or
hospital plans for the benefit of the annuitants, but it
shall not be obligated to do so or to continue doing so, if
in its judgment such continuance is not desirable.
(Source: P.A. 84-546.)
(40 ILCS 5/17-153) (from Ch. 108 1/2, par. 17-153)
Sec. 17-153. Accounting - Audits. The assets of the Fund
fund shall be held for the express purposes set forth in the
provisions of this Article subject to the conditions
prescribed herein. An adequate system of accounts and records
shall be established and maintained that will give effect to
the requirements hereof. All assets of the Fund fund shall be
credited to designated reserve accounts according to the
purposes for which they are held.
Appropriate reserves shall be maintained representing
member contributions and other revenues accruing from taxes,
state appropriations and miscellaneous sources.
At the end of each fiscal year the Board board of
trustees shall have the accounts and records of the Fund fund
audited by certified public accountants selected by the Board
board. Within 2 weeks after receiving the audit report, the
Board board shall file a copy of the audit report with the
State Superintendent of Education and the Auditor General.
(Source: P.A. 82-581.)
(40 ILCS 5/17-154) (from Ch. 108 1/2, par. 17-154)
Sec. 17-154. Retired teachers supplementary payments.
All persons who were on June 30, 1975, entitled to a service
retirement pension or disability retirement pension, under
this Fund fund or any fund of which this Fund fund is a
continuation, and who meet the conditions prescribed
hereinafter, shall receive supplementary payments as follows:
(1) In the case of any such retired person, who attained
or shall attain after June 30, 1975, the age of 60 years, who
was in receipt of a service retirement pension, the payment
pursuant to this section shall be an amount equal to the
difference between (a) his annual service retirement pension
from the Fund fund plus any annual payment received under the
provisions of Section 34-87 of "The School Code", approved
March 18, 1961, as amended, if the total of such amounts is
less than $4500 per year, and (b) an amount equal to $100 for
each year of validated teaching service forming the basis of
the service retirement pension up to a maximum of 45 years of
such service;
(2) In the case of any such retired person, who was in
receipt on June 30, 1975, of a disability retirement pension,
the payment shall be equal to the difference between (a) his
total annual disability retirement pension and (b) an amount
equal to $100 for each year of validated teaching service
forming the basis of the disability retirement pension.
(Source: P.A. 79-206.)
(40 ILCS 5/17-156) (from Ch. 108 1/2, par. 17-156)
Sec. 17-156. Retired Teachers Supplementary Payment
Fund.) A fund to be known as the Retired Teachers
Supplementary Payment Fund shall be established for the
purpose of making the supplementary payments for service and
disability retirement under Section 17-154.
1. This fund shall be credited with:
(a) the contributions made by retired persons to
establish their right to the supplementary payment;
(b) amounts appropriated by the State of Illinois for
the purpose of providing for the supplementary payment;
(c) any interest accruing to this fund.
2. This fund shall be charged with all supplementary
payments as they are made.
3. All supplementary payments shall be paid in the order
that the payments become due and payable from the Retired
Teachers Supplementary Payment Fund. In the event that the
moneys in the fund are insufficient to make full
supplementary payments to all persons entitled thereto, a
proportionate amount, determined by the ratio of the moneys
available in the fund to the total supplementary payments
then due, shall be payable. Thereafter supplementary payments
shall cease and shall not be resumed until further funds are
made available for this purpose through appropriation by the
State of Illinois. After all supplementary payments to all
persons entitled thereto have been completed, any remaining
moneys in this fund shall be transferred to the Public School
Teachers' Pension and Retirement Fund established by this
Article; provided that, notwithstanding any provision of law
to the contrary, in the event such a transfer shall have been
made in prior biennia, and there is insufficient moneys
available in the supplementary payment fund to make full
statutory payments to persons entitled thereto in the current
biennium, the Public School Teachers' Pension and Retirement
Fund established by this Article may transfer back to the
supplemental payment fund moneys in an amount not exceeding
the amount so transferred to it at the close of prior
biennia.
4. Supplementary payments shall be suspended while the
recipient is employed by the City in which the fund exists,
by any other municipal corporation coterminous with the City
or by any public school or charter school in this State,
unless the recipient is so employed temporarily as a
substitute teacher for 100 days or less in a school year or
on an hourly basis with earnings not in excess of the sum
payable for 100 days' substitute service.
5. The Retired Teachers Supplementary Payment Fund shall
be held and administered by the Public School Teachers'
Pension and Retirement Fund established by this Article.
(Source: P.A. 79-1055.)
(40 ILCS 5/17-158) (from Ch. 108 1/2, par. 17-158)
Sec. 17-158. Administrative review. The provisions of
the Administrative Review Law, and all amendments and
modifications thereof and the rules adopted pursuant thereto,
shall apply to and govern all proceedings for the judicial
review of final administrative decisions of the Board
retirement board provided for under this Article. The term
"administrative decision" is as defined in Section 3-101 of
the Code of Civil Procedure.
(Source: P.A. 82-783.)
Section 5. The School Code is amended by changing
Sections 1D-1, 2-3.64, 2-3.117, 2-3.120 (as added by Public
Act 90-463), 10-20.12b, 10-21.9, 14-15.01, 18-8, 22-23,
34-2.4b, 34-4.5, and 34-18.5 and adding Sections 2-3.109a,
2-3.122, 10-22.13a, 14-8.02b, 17-2.11b, and 27-20.6 as
follows:
(105 ILCS 5/1D-1)
Sec. 1D-1. Block grant funding.
(a) For fiscal year 1996 and each fiscal year
thereafter, the State Board of Education shall award to a
school district having a population exceeding 500,000
inhabitants a general education block grant and an
educational services block grant, determined as provided in
this Section, in lieu of distributing to the district
separate State funding for the programs described in
subsections (b) and (c). The provisions of this Section,
however, do not apply to any federal funds that the district
is entitled to receive.
(b) The general education block grant shall include the
following programs: REI Initiative, Preschool At Risk, K-6
Comprehensive Arts, School Improvement Support, Urban
Education, Scientific Literacy, Substance Abuse Prevention,
Second Language Planning, Staff Development, Outcomes and
Assessment, K-6 Reading Improvement, Truants' Optional
Education, Hispanic Programs, Agriculture Education, Gifted
Education, Parental Education, Prevention Initiative, Report
Cards, and Criminal Background Investigations.
Notwithstanding any other provision of law, all amounts paid
under the general education block grant from State
appropriations to a school district in a city having a
population exceeding 500,000 inhabitants shall be
appropriated and expended by the board of that district for
any of the programs included in the block grant or any of the
board's lawful purposes.
(c) The educational services block grant shall include
the following programs: Bilingual, Regular and Vocational
Transportation, State Lunch and Free Breakfast Program,
Preschool At Risk, Special Education (Personnel,
Extraordinary, Transportation, Orphanage, Private Tuition),
Summer School, Educational Service Centers, and
Administrator's Academy. This subsection (c) does not
relieve the district of its obligation to provide the
services required under a program that is included within the
educational services block grant. It is the intention of the
General Assembly in enacting the provisions of this
subsection (c) to relieve the district of the administrative
burdens that impede efficiency and accompany single-program
funding. The General Assembly encourages the board to pursue
mandate waivers pursuant to Section 2-3.25g.
(d) For fiscal year 1996 and each fiscal year
thereafter, the amount of the district's block grants shall
be determined as follows: (i) with respect to each program
that is included within each block grant, the district shall
receive an amount equal to the same percentage of the current
fiscal year appropriation made for that program as the
percentage of the appropriation received by the district from
the 1995 fiscal year appropriation made for that program, and
(ii) the total amount that is due the district under the
block grant shall be the aggregate of the amounts that the
district is entitled to receive for the fiscal year with
respect to each program that is included within the block
grant that the State Board of Education shall award the
district under this Section for that fiscal year.
(e) The district is not required to file any application
or other claim in order to receive the block grants to which
it is entitled under this Section. The State Board of
Education shall make payments to the district of amounts due
under the district's block grants on a schedule determined by
the State Board of Education.
(f) A school district to which this Section applies
shall report to the State Board of Education on its use of
the block grants in such form and detail as the State Board
of Education may specify.
(g) This paragraph provides for the treatment of block
grants under Article 1C for purposes of calculating the
amount of block grants for a district under this Section.
Those block grants under Article IC are, for this purpose,
treated as included in the amount of appropriation for the
various programs set forth in paragraph (b) above. The
appropriation in each current fiscal year for each block
grant under Article 1C shall be treated for these purposes as
appropriations for the individual program included in that
block grant. The proportion of each block grant so allocated
to each such program included in it shall be the proportion
which the appropriation for that program was of all
appropriations for such purposes now in that block grant, in
fiscal 1995.
(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
(105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
Sec. 2-3.64. State goals and assessment.
(a) Beginning in the 1992-93 school year, the State
Board of Education shall establish standards and annually,
through the 1997-1998 school year, assess the performance
of: (i) all pupils enrolled in the 3rd, 6th, 8th, and 10th
grades in language arts (reading and writing) and
mathematics; and (ii) all pupils enrolled in the 4th, 7th,
and 11th grades in the biological, physical, and social
sciences. Beginning in the 1998-1999 1995-96 school year,
the State Board of Education shall establish standards and
periodically, in collaboration with local school districts,
conduct, through the 1997-1998 school year, studies of
student performance in the learning areas of fine arts and
physical development/health. Beginning with the 1998-1999
school year, the State Board of Education shall annually
assess the performance of: (i) all pupils enrolled in the
3rd, and 5th, 8th, and 10th grades in English language arts
(reading and writing) the basic subjects of reading, writing,
and mathematics; and (ii) all pupils enrolled in the 4th,
7th, and 11th grades in the biological and physical sciences
and the social sciences. The State Board of Education shall
establish, in final form and within one year after the
effective date of this amendatory Act of 1996, the academic
standards that are to be applicable to pupils who are subject
to State assessment under this Section beginning with the
1998-1999 school year. However, the State Board of Education
shall not establish any such standards in final form without
first providing opportunities for public participation and
local input in the development of the final academic
standards. Those opportunities shall include a
well-publicized period of public comment, public hearings
throughout the State, and opportunities to file written
comments. Beginning with the 1998-99 school year and
thereafter, the State assessment will identify pupils in the
3rd grade or 5th grade who do not meet the State standards.
If, by performance on the State assessment tests or local
assessments or by teacher judgment, a student's performance
is determined to be judgement, demonstrate a proficiency
level comparable to the average pupil performance 2 or more
grades below current placement, the student shall be provided
a remediation program developed by the district in
consultation with a parent or guardian. Such remediation
programs may include, but shall not be limited to, increased
or concentrated instructional time, a remedial summer school
program of not less than 90 hours, improved instructional
approaches, tutorial sessions, retention in grade, and
modifications to instructional materials. Each pupil for whom
a remediation program is developed under this subsection
shall be required to enroll in and attend whatever program
the district determines is appropriate for the pupil.
Districts may combine students in remediation programs where
appropriate and may cooperate with other districts in the
design and delivery of those programs. The parent or
guardian of a student required to attend a remediation
program under this Section shall be given written notice of
that requirement by the school district a reasonable time
prior to commencement of the remediation program that the
student is to attend. The State shall be responsible for
providing school districts with the new and additional
funding, under Section 2-3.51.5 or by other or additional
means, that is required to enable the districts to operate
remediation programs for the pupils who are required to
enroll in and attend those programs under this Section. Every
individualized educational program as described in Article 14
shall identify if the State test or components thereof are
appropriate for that student. For those pupils for whom the
State test or components thereof are not appropriate, the
State Board of Education shall develop rules and regulations
governing the administration of alternative assessments
prescribed within each student's individualized educational
program which are appropriate to the disability of each
student. All pupils who are in a State approved transitional
bilingual education program or transitional program of
instruction shall participate in the State assessment. Any
student who has been enrolled in a State approved bilingual
education program less than 3 academic years shall be
exempted if the student's lack of English as determined by an
English language proficiency test would keep the student from
understanding the test, and that student's district shall
have an alternative assessment program in place for that
student. The State Board of Education shall appoint a task
force of concerned parents, teachers, school administrators
and other professionals to assist in identifying such
alternative assessment programs. Reasonable accommodations as
prescribed by the State Board of Education shall be provided
for individual students in the assessment procedure. All
assessment procedures prescribed by the State Board of
Education shall require: (i) that each test used for State
and local student assessment testing under this Section
identify by name the pupil taking the test; (ii) that the
name of the pupil taking the test be placed on the test at
the time the test is taken; (iii) that the results or scores
of each test taken under this Section by a pupil of the
school district be reported to that district and identify by
name the pupil who received the reported results or of
scores; and (iv) that the results or scores of each test
taken under this Section be made available to the parents of
the pupil. In addition, beginning with the 1998-1999 school
year and in each school year thereafter, all scores received
by a student on the Illinois Goals and Assessment Program
tests administered in grades 10 and 11 by the State Board of
Education under this Section and, beginning with the
1999-2000 school year and in each school year thereafter, the
scores received by a student on the Prairie State Achievement
Examination administered under subsection (c) of this Section
shall become part of the student's permanent record and shall
be entered therein pursuant to regulations that the State
Board of Education shall promulgate for that purpose in
accordance with Section 3 and subsection (e) of Section 2 of
the Illinois School Student Records Act. Scores received by
students on the Illinois Goals and Assessment Program tests
administered in other grades shall be placed into students'
temporary records. Except as provided in subsection (c) of
this Section, the State Board of Education shall establish a
common month in each school year for which State testing
shall occur to meet the objectives of this Section. However,
if the schools of a district are closed and classes are not
scheduled during any week that is established by the State
Board of Education as the week of the month when State
testing under this Section shall occur, the school district
may administer the required State testing at any time up to 2
weeks following the week established by the State Board of
Education for the testing, so long as the school district
gives the State Board of Education written notice of its
intention to deviate from the established schedule by January
2 of the year in which falls the week established by the
State Board of Education for the testing. The maximum time
allowed for all actual testing required under this subsection
during the school year shall not exceed 25 hours as allocated
among the required tests by the State Board of Education.
(a-5) Any IGAP test administered pursuant to this
Section shall be academically based. The State Board of
Education shall review the current assessment testing
schedule applicable under subsection (a) on the effective
date of this amendatory Act of 1996 and submit a plan to the
General Assembly, on or before December 31, 1996, to increase
the effectiveness of the State assessment tests administered
under that subsection with respect to student diagnosis and
to reduce the amount of classroom time spent administering
those tests. The General Assembly may enact the
recommendations made by the State Board of Education to
maximize effectiveness and minimize the hours and grade
levels of testing.
(b) It shall be the policy of the State to encourage
school districts to continuously assess pupil proficiency in
the fundamental learning areas in order to: (i) provide
timely information on individual students' performance
relative to State standards that is adequate to guide
instructional strategies; (ii) improve future instruction;
and (iii) complement the information provided by the State
assessment system described in this Section. Each district's
school improvement plan must address specific activities the
district intends to implement to assist pupils who by teacher
judgment judgement and assessment results as prescribed in
subsection (a) of this Section demonstrate that they are not
meeting State goals or local objectives. Such activities may
include, but shall not be limited to, summer school, extended
school day, special homework, tutorial sessions, modified
instructional materials, other modifications in the
instructional program, reduced class size or retention in
grade. To assist school districts in assessing pupil
proficiency in reading in the primary grades, the State Board
shall make optional reading inventories for diagnostic
purposes available to each school district that requests such
assistance. Districts that administer the reading
inventories may develop remediation programs for students who
perform in the bottom half of the student population. Those
remediation programs may be funded by moneys provided under
the School Safety and Educational Improvement Block Grant
Program established under Section 2-3.51.5. Nothing in this
Section shall prevent school districts from implementing
testing and remediation policies for grades not required
under this Section.
(c) Beginning with the 1999-2000 school year, each
school district that operates a high school program for
students in grades 9 through 12 shall annually administer the
a Prairie State Achievement Examination established under
this subsection to its 12th grade students as set forth below
each year to its 12th grade students. The Prairie State
Achievement Examination shall be developed by the State Board
of Education to measure student performance in the 5
fundamental academic areas of reading, writing, mathematics,
science, and social sciences studies. The State Board of
Education shall establish the academic standards that are to
apply in measuring student performance on the Prairie State
Achievement Examination in those 5 fundamental academic
areas, including the minimum composite examination score and
the minimum score in each area that, taken together, will
qualify a student to for purposes of this Section as a score
that is excellent. A student whose score on the Prairie State
Achievement Examination is determined to be excellent by the
State Board of Education shall receive the Prairie State
Achievement Award from the State in recognition of the
student's excellent performance. Each school district that is
subject to the requirements of this subsection (c) shall
afford a graduating student 2 opportunities to take the
Prairie State Achievement Examination during the semester in
which the student will graduate. The State Board of
Education shall annually notify districts of the weeks during
which these test administrations shall be required to occur.
Each 12th grade student, exclusive of a student whose
individualized educational program developed under Article 14
identifies does not identify the Prairie State Achievement
Examination as inappropriate appropriate for the student,
shall be required to take the examination in the final
semester before his or her graduation. Score reports for
each fundamental academic area shall indicate the score that
qualifies as an excellent score on that portion of the
examination. Any student who attains a satisfactory
composite score but who fails to earn a qualifying score in
any one or more of the fundamental academic areas on the
initial test administration for the semester during which the
student will graduate from high school shall be permitted to
retake such portion or portions of the examination during the
second test of that semester. Districts shall inform their
students of the timelines and procedures applicable to their
optional participation in such additional administrations of
the Prairie State Achievement Examination., which each school
district shall administer to its 12th grade students in
January of each school year. The Prairie State Achievement
Examination shall be administered by each school district a
second time, in March of each school year, for those 12th
grade students who fail to receive a score on the January
examination that would qualify them to receive the Prairie
State Achievement Award and who elect to take the March
examination for the purpose of attempting to earn a score
that will qualify them to receive that award. Students who
will graduate from high school before entering grade 12 shall
take the Prairie State Achievement Examination during the
school year in which they will graduate from high school.
Students receiving special education services whose
individualized educational programs do not identify the
Prairie State Achievement Examination as inappropriate
appropriate for them nevertheless shall have the option of
taking the examination, which shall be administered to those
students in accordance with standards adopted by the State
Board of Education to accommodate the respective disabilities
of those students. A student who successfully completes all
other applicable high school graduation requirements but
fails to receive a score on the Prairie State Achievement
Examination that qualifies the student for receipt of the
Prairie State Achievement Award shall nevertheless qualify
for the receipt of a regular high school diploma.
(Source: P.A. 88-192; 88-227; 88-670, eff. 12-2-94; 88-686,
eff. 1-24-95; 89-610, eff. 8-6-96.)
(105 ILCS 5/2-3.109a new)
Sec. 2-3.109a. Laboratory schools grant eligibility. A
laboratory school as defined in Section 18-8 may apply for
and be eligible to receive, subject to the same restrictions
applicable to school districts, any grant administered by the
State Board of Education that is available for school
districts.
(105 ILCS 5/2-3.117)
Sec. 2-3.117. School Technology Program.
(a) The State Board of Education is authorized to
provide technology-based learning resources, including
matching grants, to school districts to improve educational
opportunities and student achievement throughout the State.
School districts may use grants for technology-related
investments, including computer hardware, software, optical
media networks, and related wiring, to educate staff to use
that equipment in a learning context, and for other items
defined under rules adopted by the State Board of Education.
(b) The State Board of Education is authorized, to the
extent funds are available, to establish a statewide support
system for information, professional development, technical
assistance, network design consultation, leadership,
technology planning consultation, and information exchange;
to expand school district connectivity; and to increase the
quantity and quality of student and educator access to
on-line resources, experts, and communications avenues from
moneys appropriated for the purposes of this Section.
(b-5) The State Board of Education may enter into
intergovernmental contracts or agreements with other State
agencies, public community colleges, public libraries, public
and private colleges and universities, museums on public
land, and other public agencies in the areas of technology,
telecommunications, and information access, under such terms
as the parties may agree, provided that those contracts and
agreements are in compliance with the Department of Central
Management Services' mandate to provide telecommunications
services to all State agencies.
(c) The State Board of Education shall adopt all rules
necessary for the administration of the School Technology
Program, including but not limited to rules defining the
technology-related investments that qualify for funding, the
content of grant applications and reports, and the
requirements for the local match.
(d) The State Board of Education may establish by rule
provisions to waive the local matching requirement for school
districts determined unable to finance the local match.
(Source: P.A. 89-21, eff. 7-1-95; 90-388, eff. 8-15-97.)
(105 ILCS 5/2-3.120)
Sec. 2-3.120. Non-Public school students' access to
technology.
(a) The General Assembly finds and declares that the
Constitution of the State of Illinois provides that a
"fundamental goal of the People of the State is the
educational development of all persons to the limit of their
capacities", and that the educational development of every
elementary and secondary school student serves the public
purposes of the State. In order to enable Illinois students
to leave school with the basic skills and knowledge that will
enable them to find and hold jobs and otherwise function as
productive members of society in the 21st Century, all
students must have access to the vast educational resources
provided by computers. The provisions of this Section are in
the public interest, for the public benefit, and serve a
secular public purpose.
(b) The State Board of Education shall provide
non-public schools with ports to the Board's statewide
educational network, provided that this access does not
diminish the services available to public schools and
students. The State Board of Education shall charge for this
access in an amount necessary to offset its cost. Amounts
received by the State Board of Education under this Section
shall be deposited in the School Technology Revolving Fund as
described in Section 2-3.121. The statewide network may be
used only for secular educational purposes.
(c) For purposes of this Section, a non-public school
means: (i) any non-profit, non-public college; or (ii) any
non-profit, non-home-based, non-public elementary or
secondary school that is in compliance with Title VI of the
Civil Rights Act of 1964, and attendance at which satisfies
the requirements of Section 26-1 of the School Code.
(Source: P.A. 90-463, eff. 8-17-97.)
(105 ILCS 5/2-3.122 new)
Sec. 2-3.122. Dissection alternatives. The State Board
of Education shall make available to school districts sources
of information concerning alternatives to the dissection of
animals. Such information may include, but need not be
limited to, names, addresses, and contact personnel of
organizations that offer free instructional and teaching
materials as alternatives to dissection.
(105 ILCS 5/10-20.12b)
Sec. 10-20.12b. Residency; payment of tuition; hearing;
criminal penalty.
(a) For purposes of this Section:
(1) The residence of a person who has legal custody
of a pupil is deemed to be the residence of the pupil.
(2) "Legal custody" means one of the following:
(i) Custody exercised by a natural or adoptive
parent with whom the pupil resides.
(ii) Custody granted by order of a court of
competent jurisdiction to a person with whom the
pupil resides for reasons other than to have access
to the educational programs of the district.
(iii) Custody exercised under a statutory
short-term guardianship, provided that within 60
days of the pupil's enrollment a court order is
entered that establishes a permanent guardianship
and grants custody to a person with whom the pupil
resides for reasons other than to have access to the
educational programs of the district.
(iv) Custody exercised by an adult caretaker
relative who is receiving aid under the Illinois
Public Aid Code for the pupil who resides with that
adult caretaker relative for purposes other than to
have access to the educational programs of the
district.
(v) Custody exercised by an adult who
demonstrates that, in fact, he or she has assumed
and exercises legal responsibility for the pupil and
provides the pupil with a regular fixed night-time
abode for purposes other than to have access to the
educational programs of the district.
(b) Except as otherwise provided under Section 10-22.5a,
only resident pupils of a school district may attend the
schools of the district without payment of the tuition
required to be charged under Section 10-20.12a. However,
children for whom the Guardianship Administrator of the
Department of Children and Family Services has been appointed
temporary custodian or guardian of the person of a child
shall not be charged tuition as a nonresident pupil if the
child was placed by the Department of Children and Family
Services with a foster parent or placed in another type of
child care facility and the foster parent or child care
facility is located in a school district other than the
child's former school district and it is determined by the
Department of Children and Family Services to be in the
child's best interest to maintain attendance at his or her
former school district.
(c) The provisions of this subsection do not apply in
school districts having a population of 500,000 or more. If a
school board in a school district with a population of less
than 500,000 determines that a pupil who is attending school
in the district on a tuition free basis is a nonresident of
the district for whom tuition is required to be charged under
Section 10-20.12a, the board shall notify the person who
enrolled the pupil of the amount of the tuition charged under
Section 10-20.12a that is due to the district for the
nonresident pupil's attendance in the district's schools.
The notice shall be given by certified mail, return receipt
requested. Within 10 days after receipt of the notice, the
person who enrolled the pupil may request a hearing to review
the determination of the school board. The request shall be
sent by certified mail, return receipt requested, to the
district superintendent. Within 10 days after receipt of the
request, the board shall notify, by certified mail, return
receipt requested, the person requesting the hearing of the
time and place of the hearing, which shall be held not less
than 10 nor more than 20 days after the notice of hearing is
given. The board or a hearing officer designated by the
board shall conduct the hearing. The board and the person
who enrolled the pupil may be represented at the hearing by
representatives of their choice. At the hearing, the person
who enrolled the pupil shall have the burden of going forward
with the evidence concerning the pupil's residency. If the
hearing is conducted by a hearing officer, the hearing
officer, within 5 days after the conclusion of the hearing,
shall send a written report of his or her findings by
certified mail, return receipt requested, to the school board
and to the person who enrolled the pupil. The person who
enrolled the pupil may, within 5 days after receiving the
findings, file written objections to the findings with the
school board by sending the objections by certified mail,
return receipt requested, addressed to the district
superintendent. Whether the hearing is conducted by the
school board or a hearing officer, the school board shall,
within 15 days after the conclusion of the hearing, decide
whether or not the pupil is a resident of the district and
the amount of any tuition required to be charged under
Section 10-20.12a as a result of the pupil's attendance in
the schools of the district. The school board shall send a
copy of its decision to the person who enrolled the pupil,
and the decision of the school board shall be final.
(c-5) The provisions of this subsection apply only in
school districts having a population of 500,000 or more. If
the board of education of a school district with a population
of 500,000 or more determines that a pupil who is attending
school in the district on a tuition free basis is a
nonresident of the district for whom tuition is required to
be charged under Section 10-20.12a, the board shall notify
the person who enrolled the pupil of the amount of the
tuition charged under Section 10-20.12a that is due to the
district for the nonresident pupil's attendance in the
district's schools. The notice shall be given by certified
mail, return receipt requested. Within 10 days after receipt
of the notice, the person who enrolled the pupil may request
a hearing to review the determination of the school board.
The request shall be sent by certified mail, return receipt
requested, to the district superintendent. Within 30 days
after receipt of the request, the board shall notify, by
certified mail, return receipt requested, the person
requesting the hearing of the time and place of the hearing,
which shall be held not less than 10 nor more than 30 days
after the notice of hearing is given. The board or a hearing
officer designated by the board shall conduct the hearing.
The board and the person who enrolled the pupil may each be
represented at the hearing by a representative of their
choice. At the hearing, the person who enrolled the pupil
shall have the burden of going forward with the evidence
concerning the pupil's residency. If the hearing is
conducted by a hearing officer, the hearing officer, within
20 days after the conclusion of the hearing, shall serve a
written report of his or her findings by personal service or
by certified mail, return receipt requested, to the school
board and to the person who enrolled the pupil. The person
who enrolled the pupil may, within 10 days after receiving
the findings, file written objections to the findings with
the board of education by sending the objections by certified
mail, return receipt requested, addressed to the general
superintendent of schools. If the hearing is conducted by
the board of education, the board shall, within 45 days after
the conclusion of the hearing, decide whether or not the
pupil is a resident of the district and the amount of any
tuition required to be charged under Section 10-20.12a as a
result of the pupil's attendance in the schools of the
district. If the hearing is conducted by a hearing officer,
the board of education shall, within 45 days after the
receipt of the hearing officer's findings, decide whether or
not the pupil is a resident of the district and the amount of
any tuition required to be charged under Section 10-20.12a as
a result of the pupil's attendance in the schools of the
district. The board of education shall send, by certified
mail, return receipt requested, a copy of its decision to the
person who enrolled the pupil, and the decision of the board
shall be final.
(d) If a hearing is requested under subsection (c) or
(c-5) to review the determination of the school board or
board of education board's determination that a nonresident
pupil is attending the schools of the district without
payment of the tuition required to be charged under Section
10-20.12a, the pupil may, at the request of a person who
enrolled the pupil, continue attendance at the schools of the
district pending a final decision of the school board
following the hearing. However, attendance of that pupil in
the schools of the district as authorized by this subsection
(d) shall not relieve any person who enrolled the pupil of
the obligation to pay the tuition charged for that attendance
under Section 10-20.12a if the final decision of the school
board is that the pupil is a nonresident of the district. If
a pupil is determined to be a nonresident of the district for
whom tuition is required to be charged pursuant to this
Section, the school board shall refuse to permit the pupil to
continue attending the schools of the district unless the
required tuition is paid for the pupil.
(e) Except for a pupil referred to in subsection (b) of
Section 10-22.5a, a pupil referred to in Section 10-20.12a,
or a pupil referred to in subsection (b) of this Section, a
person who knowingly enrolls or attempts to enroll in the
schools of a school district on a tuition free basis a pupil
known by that person to be a nonresident of the district
shall be guilty of a Class C misdemeanor.
(f) A person who knowingly or wilfully presents to any
school district any false information regarding the residency
of a pupil for the purpose of enabling that pupil to attend
any school in that district without the payment of a
nonresident tuition charge shall be guilty of a Class C
misdemeanor.
(g) The provisions of this Section are subject to the
provisions of the Education for Homeless Children Act.
Nothing in this Section shall be construed to apply to or
require the payment of tuition by a parent or guardian of a
"homeless child" (as that term is defined in Section 1-5 of
the Education for Homeless Children Act) in connection with
or as a result of the homeless child's continued education or
enrollment in a school that is chosen in accordance with any
of the options provided in Section 1-10 of that Act.
(Source: P.A. 89-480, eff. 1-1-97.)
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
Sec. 10-21.9. Criminal background investigations.
(a) After August 1, 1985, certified and noncertified
applicants for employment with a school district, except
school bus driver applicants, are required as a condition of
employment to authorize an investigation to determine if such
applicants have been convicted of any of the enumerated
criminal or drug offenses in subsection (c) of this Section.
Authorization for the investigation shall be furnished by the
applicant to the school district, except that if the
applicant is a substitute teacher seeking employment in more
than one school district, a teacher seeking concurrent
part-time employment positions with more than one school
district (as a reading specialist, special education teacher
or otherwise), or an educational support personnel employee
seeking employment positions with more than one district, any
such district may require the applicant to furnish
authorization for the investigation to the regional
superintendent of the educational service region in which are
located the school districts in which the applicant is
seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee.
Upon receipt of this authorization, the school district or
the appropriate regional superintendent, as the case may be,
shall submit the applicant's name, sex, race, date of birth
and social security number to the Department of State Police
on forms prescribed by the Department. The regional
superintendent submitting the requisite information to the
Department of State Police shall promptly notify the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee that the investigation
of the applicant has been requested. The Department of State
Police shall conduct an investigation to ascertain if the
applicant being considered for employment has been convicted
of any of the enumerated criminal or drug offenses in
subsection (c). The Department shall charge the school
district or the appropriate regional superintendent a fee for
conducting such investigation, which fee shall be deposited
in the State Police Services Fund and shall not exceed the
cost of the inquiry; and the applicant shall not be charged a
fee for such investigation by the school district or by the
regional superintendent. The regional superintendent may
seek reimbursement from the State Board of Education or the
appropriate school district or districts for fees paid by the
regional superintendent to the Department for the criminal
background investigations required by this Section.
(b) The Department shall furnish, pursuant to positive
identification, records of convictions, until expunged, to
the president of the school board for the school district
which requested the investigation, or to the regional
superintendent who requested the investigation. Any
information concerning the record of convictions obtained by
the president of the school board or the regional
superintendent shall be confidential and may only be
transmitted to the superintendent of the school district or
his designee, the appropriate regional superintendent if the
investigation was requested by the school district, the
presidents of the appropriate school boards if the
investigation was requested from the Department of State
Police by the regional superintendent, the State
Superintendent of Education, the State Teacher Certification
Board or any other person necessary to the decision of hiring
the applicant for employment. A copy of the record of
convictions obtained from the Department of State Police
shall be provided to the applicant for employment. If an
investigation of an applicant for employment as a substitute
or concurrent part-time teacher or concurrent educational
support personnel employee in more than one school district
was requested by the regional superintendent, and the
Department of State Police upon investigation ascertains that
the applicant has not been convicted of any of the enumerated
criminal or drug offenses in subsection (c) and so notifies
the regional superintendent, then the regional superintendent
shall issue to the applicant a certificate evidencing that as
of the date specified by the Department of State Police the
applicant has not been convicted of any of the enumerated
criminal or drug offenses in subsection (c). The school
board of any school district located in the educational
service region served by the regional superintendent who
issues such a certificate to an applicant for employment as a
substitute teacher in more than one such district may rely on
the certificate issued by the regional superintendent to that
applicant, or may initiate its own investigation of the
applicant through the Department of State Police as provided
in subsection (a). Any person who releases any confidential
information concerning any criminal convictions of an
applicant for employment shall be guilty of a Class A
misdemeanor, unless the release of such information is
authorized by this Section.
(c) No school board shall knowingly employ a person who
has been convicted for committing attempted first degree
murder or for committing or attempting to commit first degree
murder or a Class X felony or any one or more of the
following offenses: (i) those defined in Sections 11-6, 11-9,
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
and 12-16 of the "Criminal Code of 1961"; (ii) those defined
in the "Cannabis Control Act" except those defined in
Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined
in the "Illinois Controlled Substances Act"; and (iv) any
offense committed or attempted in any other state or against
the laws of the United States, which if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses. Further, no school board
shall knowingly employ a person who has been found to be the
perpetrator of sexual or physical abuse of any minor under 18
years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987.
(d) No school board shall knowingly employ a person for
whom a criminal background investigation has not been
initiated.
(e) Upon receipt of the record of a conviction of or a
finding of child abuse by a holder of any certificate issued
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School Code, the appropriate regional superintendent of
schools or the State Superintendent of Education shall
initiate the certificate suspension and revocation
proceedings authorized by law.
(f) After January 1, 1990 the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal background investigations on employees of persons or
firms holding contracts with more than one school district
and assigned to more than one school district, the regional
superintendent of the educational service region in which the
contracting school districts are located may, at the request
of any such school district, be responsible for receiving the
authorization for investigation prepared by each such
employee and submitting the same to the Department of State
Police. Any information concerning the record of conviction
of any such employee obtained by the regional superintendent
shall be promptly reported to the president of the
appropriate school board or school boards.
(Source: P.A. 88-612, eff. 7-1-95; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 89-610, eff. 8-6-96.)
(105 ILCS 5/10-22.13a new)
Sec. 10-22.13a. Zoning changes, variations, and special
uses for school district property. To seek zoning changes,
variations, or special uses for property held or controlled
by the school district.
(105 ILCS 5/14-8.02b new)
Sec. 14-8.02b. Expedited Hearings. Unless otherwise
provided by this Section, the provisions of Section 14-8.02a
are applicable to this Section. The State Board of
Education shall provide for the conduct of expedited hearings
in accordance with the Individuals with Disabilities
Education Act, Public Law 105-17, 20 USC Sections 1400 et
seq. (hereafter IDEA).
An expedited hearing may be requested by:
(i) a parent or guardian or student if the student
is at least 18 years of age or emancipated, if there is a
disagreement with regard to a determination that the
student's behavior was not a manifestation of the
student's disability, or if there is a disagreement
regarding the district's decision to move the student to
an interim alternative educational setting for a weapon
and drug violation as defined by IDEA pursuant to Section
615 (k)(1)(A)(ii); and
(ii) a school district, if school personnel maintain
that it is dangerous for the student to be in the current
placement (i.e. placement prior to removal to the interim
alternative education setting) during the pendency of a
due process hearing pursuant to Section 615(K)(F) of
IDEA.
A school district shall make a request in writing to the
State Board of Education and promptly mail a copy of the
request to the parents or guardian of the student at the last
known address of the parents or guardian. A request made by
the parent, guardian, or student shall be made in writing to
the superintendent of the school district in which the
student resides, who shall forward the request to the State
Board of Education within one day of receipt of the request.
Upon receipt of the request, the State Board of Education
shall appoint a due process hearing officer using a rotating
appointment system and shall notify the hearing officer of
his or her appointment.
A request for an expedited hearing initiated by a
district for the sole purpose of moving a student from his or
her current placement to an interim alternative educational
setting because of dangerous misconduct must be accompanied
by all documentation that substantiates the district's
position that maintaining the student in his or her current
placement is substantially likely to result in injury to the
student or to others. Also, the documentation shall include
(1) whether the district is represented by legal counsel or
intends to retain legal counsel; (2) the matters the
district believes to be in dispute in the case and the
specific relief being sought; and (3) the names of all
witnesses the district intends to call to testify at the
hearing.
An expedited hearing requested by the student's parent or
guardian to challenge the removal of the student from his or
her current placement to an interim alternative educational
setting or a manifestation determination made by the district
as described in IDEA shall include a written statement as to
the reason the parent or guardian believes that the action
taken by the district is not supported by substantial
evidence and all relevant documentation in the parent's or
guardian's possession. Also, the documentation shall include
(1) whether the parent or guardian is represented by legal
counsel or intends to retain legal counsel; (2) the matters
the parent or guardian believes to be in dispute in the case
and the specific relief being sought; and (3) the names of
all witnesses the parent or guardian intends to call to
testify at the hearing.
The hearing officer shall not initiate or participate in
any ex parte communications with the parties, except to
arrange the date, time, and location of the expedited
hearing. The hearing officer shall contact the parties one
day after appointment and set a hearing date which shall be
no later than 4 days after contacting parties. The hearing
officer shall disclose and provide to each party any evidence
which is intended to be submitted into the hearing record no
later than 2 days before the hearing. The length of the
hearing shall not exceed 2 days unless good cause is shown.
Any party to the hearing shall have the right to (1) be
represented by counsel and be accompanied and advised by
individuals with special knowledge or training with respect
to the problems of children with disabilities, at the party's
own expense; (2) present evidence and confront and
cross-examine witnesses; (3) move for the exclusion of
witnesses from the hearing until they are called to testify,
provided, however, that this provision may not be invoked to
exclude the individual designated by a party to assist that
party or its representative in the presentation of the case;
(4) in accord with the provisions of subsection (g) of
Section 14-8.02a, obtain a written or electronic verbatim
record of the proceedings; and (5) obtain a written decision,
including findings of fact and conclusions of law, within 2
days after the conclusion of the hearing.
The State Board of Education and the school district
shall share equally the costs of providing a written or
electronic verbatim record of the proceedings. Any party may
request that the hearing officer issue a subpoena to compel
the testimony of witnesses or the production of documents
relevant to the resolution of the hearing. Whenever a person
refuses to comply with any subpoena issued under this
Section, the circuit court of the county in which that
hearing is pending, on application of the impartial hearing
officer or the party requesting the issuance of the subpoena,
may compel compliance through the contempt powers of the
court in the same manner as if the requirements of a subpoena
issued by the court had been disobeyed.
The impartial hearing officer shall issue a final written
decision, including findings of fact and conclusions of law,
within 2 days after the conclusion of the hearing and mail a
copy of the decision to the parents, guardian, or student (if
the student requests the hearing), the school district, the
director of special education, legal representatives of the
parties, and the State Board of Education.
The hearing officer presiding over the expedited hearing
shall hear only that issue or issues identified by IDEA as
proper for expedited hearings, leaving all other issues to be
heard under a separate request to be initiated and processed
in accordance with the hearing procedures provided for in
this Article and in accordance with the implementing
regulations.
(105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
Sec. 14-15.01. Community and Residential Services
Authority.
(a) (1) The Community and Residential Services Authority
for Behavior Disturbed and Severe Emotionally Disturbed
Individuals is hereby created and shall consist of the
following members:
A representative of the State Board of Education;
Three representatives of the Department of Human
Services;
A representative of the Department of Children and Family
Services;
A representative of the Department of Public Health;
A representative of the Department of Corrections;
A representative of the Department of Public Aid;
A representative of the Attorney General's Disability
Rights Advocacy Division;
The Chairperson and Minority Spokesperson of the House
and Senate Committees on Elementary and Secondary Education
or their designees; and
Six persons appointed by the Governor. Five of such
appointees shall be experienced or knowledgeable relative to
provision of services for individuals with a who are behavior
disorder disturbed or a severe emotional disturbance
emotionally disturbed students and shall include
representatives of both the private and public sectors,
except that no more than 2 of those 5 appointees may be from
the public sector and at least 2 must be or have been
directly involved in provision of services to such
individuals. The remaining member appointed by the Governor
shall be or shall have been a parent of an individual with a
behavior disorder disturbed or a severe emotional disturbance
emotionally disturbed child or adolescent, and that appointee
may be from either the private or the public sector.
(2) Members appointed by the Governor shall be appointed
for terms of 4 years and shall continue to serve until their
respective successors are appointed; provided that the terms
of the original appointees shall expire on August 1, 1990,
and the term of the additional member appointed under this
amendatory Act of 1992 shall commence upon the appointment
and expire August 1, 1994. Any vacancy in the office of a
member appointed by the Governor shall be filled by
appointment of the Governor for the remainder of the term.
A vacancy in the office of a member appointed by the
Governor exists when one or more of the following events
occur:
(i) An appointee dies;
(ii) An appointee files a written resignation with
the Governor;
(iii) An appointee ceases to be a legal resident of
the State of Illinois; or
(iv) An appointee fails to attend a majority of
regularly scheduled Authority meetings in a fiscal year.
Members who are representatives of an agency shall serve
at the will of the agency head. Membership on the Authority
shall cease immediately upon cessation of their affiliation
with the agency. If such a vacancy occurs, the appropriate
agency head shall appoint another person to represent the
agency.
If a legislative member of the Authority ceases to be
Chairperson or Minority Spokesperson of the designated
Committees, they shall automatically be replaced on the
Authority by the person who assumes the position of
Chairperson or Minority Spokesperson.
(b) The Community and Residential Services Authority
shall have the following powers and duties:
(1) To conduct surveys to determine the extent of
need, the degree to which documented need is currently
being met and feasible alternatives for matching need
with resources.
(2) To develop policy statements for interagency
cooperation to cover all aspects of service delivery,
including laws, regulations and procedures, and clear
guidelines for determining responsibility at all times.
(3) To recommend policy statements and provide
information regarding effective programs for delivery of
services to all individuals with a who are behavior
disorder or a disturbed and severe emotional disturbance
emotionally disturbed of all ages in public or private
situations.
(4) To review the criteria for service eligibility,
provision and availability established by the
governmental agencies represented on this Authority, and
to recommend changes, additions or deletions to such
criteria.
(5) To develop and submit to the Governor, the
General Assembly, the Directors of the agencies
represented on the Authority, and the State Board of
Education a master plan for individuals with a who are
behavior disorder or a disturbed and severe emotional
disturbance emotionally disturbed, including detailed
plans of service for day schools and residential schools
ranging from the least to the most restrictive placement
options; and to assist local communities, upon request,
in developing or strengthening collaborative interagency
networks.
(6) To develop a process for making determinations
in situations where there is a dispute relative to a plan
of service for placements of individuals or funding for a
plan of service services for individual placements.
(7) To provide technical assistance to parents,
service consumers, and providers, and member agency
personnel regarding statutory responsibilities of human
service and educational agencies, and to provide such
assistance as deemed necessary to appropriately access
needed services.
(c) (1) The members of the Authority shall receive no
compensation for their services but shall be entitled to
reimbursement of reasonable expenses incurred while
performing their duties.
(2) The Authority may appoint special study groups to
operate under the direction of the Authority and persons
appointed to such groups shall receive only reimbursement of
reasonable expenses incurred in the performance of their
duties.
(3) The Authority shall elect from its membership a
chairperson, vice-chairperson and secretary.
(4) The Authority may employ and fix the compensation of
such employees and technical assistants as it deems necessary
to carry out its powers and duties under this Act. Staff
assistance for the Authority shall be provided by the State
Board of Education.
(5) Funds for the ordinary and contingent expenses of
the Authority shall be appropriated to the State Board of
Education in a separate line item.
(d) (1) The Authority shall have power to promulgate
rules and regulations to carry out its powers and duties
under this Act.
(2) The Authority may accept monetary gifts or grants
from the federal government or any agency thereof, from any
charitable foundation or professional association or from any
other reputable source for implementation of any program
necessary or desirable to the carrying out of the general
purposes of the Authority. Such gifts and grants may be held
in trust by the Authority and expended in the exercise of its
powers and performance of its duties as prescribed by law.
(3) The Authority shall submit an annual report of its
activities and expenditures to the Governor, the General
Assembly, the directors of agencies represented on the
Authority, and the State Superintendent of Education.
(Source: P.A. 88-386; 89-21, eff. 7-1-95; 89-507, eff.
7-1-97.)
(105 ILCS 5/17-2.11b new)
Sec. 17-2.11b. Validation. Whenever prior to the
effective date of this amendatory Act of 1997, a community
unit school district having a 1995-96 enrollment of fewer
than 450 and a 1995 equalized assessed valuation of less than
$12,000,000 has levied and the county clerk has extended
taxes for the purposes described in Section 17-2.11 without
the certificates of the regional superintendent of schools
and the State Superintendent of Education required by that
Section, the tax levies and extensions and the expenditures
by the school district of the extended amounts are hereby
validated for all purposes to the same extent as if the
district had received and filed the necessary certifications
prior to the tax levies and extensions and had expended the
funds in full compliance with Section 17-2.11.
(105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
Sec. 18-8. Basis for apportionment to districts,
laboratory schools and alternative schools.
A. The amounts to be apportioned shall be determined for
each educational service region by school districts, as
follows:
1. General Provisions.
(a) In the computation of the amounts to be apportioned,
the average daily attendance of all pupils in grades 9
through 12 shall be multiplied by 1.25. The average daily
attendance of all pupils in grades 7 and 8 shall be
multiplied by 1.05.
(b) The actual number of pupils in average daily
attendance shall be computed in a one-teacher school district
by dividing the total aggregate days of pupil attendance by
the actual number of days school is in session but not more
than 30 such pupils shall be accredited for such type of
district; and in districts of 2 or more teachers, or in
districts where records of attendance are kept by session
teachers, by taking the sum of the respective averages of the
units composing the group.
(c) Pupils in average daily attendance shall be computed
upon the average of the best 3 months of pupils attendance of
the current school year except as district claims may be
later amended as provided hereinafter in this Section.
However, for any school district maintaining grades
kindergarten through 12, the "average daily attendance" shall
be computed on the average of the best 3 months of pupils
attendance of the current year in grades kindergarten through
8, added together with the average of the best 3 months of
pupils attendance of the current year in grades 9 through 12,
except as district claims may be later amended as provided in
this Section. Days of attendance shall be kept by regular
calendar months, except any days of attendance in August
shall be added to the month of September and any days of
attendance in June shall be added to the month of May.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of
not less than 5 clock hours of school work per day under
direct supervision of: (i) teachers, or (ii) non-teaching
personnel or volunteer personnel when engaging in
non-teaching duties and supervising in those instances
specified in subsection (a) of Section 10-22.34 and paragraph
10 of Section 34-18, with pupils of legal school age and in
kindergarten and grades 1 through 12.
(d) Pupils regularly enrolled in a public school for
only a part of the school day may be counted on the basis of
1/6 day for every class hour of instruction of 40 minutes or
more attended pursuant to such enrollment.
(e) Days of attendance may be less than 5 clock hours on
the opening and closing of the school term, and upon the
first day of pupil attendance, if preceded by a day or days
utilized as an institute or teachers' workshop.
(f) A session of 4 or more clock hours may be counted as
a day of attendance upon certification by the regional
superintendent, and approved by the State Superintendent of
Education to the extent that the district has been forced to
use daily multiple sessions.
(g) A session of 3 or more clock hours may be counted as
a day of attendance (1) when the remainder of the school day
or at least 2 hours in the evening of that day is utilized
for an in-service training program for teachers, up to a
maximum of 5 days per school year of which a maximum of 4
days of such 5 days may be used for parent-teacher
conferences, provided a district conducts an in-service
training program for teachers which has been approved by the
State Superintendent of Education; or, in lieu of 4 such
days, 2 full days may be used, in which event each such day
may be counted as a day of attendance; and (2) when days in
addition to those provided in item (1) are scheduled by a
school pursuant to its school improvement plan adopted under
Article 34 or its revised or amended school improvement plan
adopted under Article 2, provided that (i) such sessions of 3
or more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which
such sessions occur are utilized for in-service training
programs or other staff development activities for teachers,
and (iii) a sufficient number of minutes of school work under
the direct supervision of teachers are added to the school
days between such regularly scheduled sessions to accumulate
not less than the number of minutes by which such sessions of
3 or more clock hours fall short of 5 clock hours. Any full
days used for the purposes of this paragraph shall not be
considered for computing average daily attendance. Days
scheduled for in-service training programs, staff development
activities, or parent-teacher conferences may be scheduled
separately for different grade levels and different
attendance centers of the district.
(h) A session of not less than one clock hour teaching
of hospitalized or homebound pupils on-site or by telephone
to the classroom may be counted as 1/2 day of attendance,
however these pupils must receive 4 or more clock hours of
instruction to be counted for a full day of attendance.
(i) A session of at least 4 clock hours may be counted
as a day of attendance for first grade pupils, and pupils in
full day kindergartens, and a session of 2 or more hours may
be counted as 1/2 day of attendance by pupils in
kindergartens which provide only 1/2 day of attendance.
(j) For children with disabilities who are below the age
of 6 years and who cannot attend two or more clock hours
because of their disability or immaturity, a session of not
less than one clock hour may be counted as 1/2 day of
attendance; however for such children whose educational needs
so require a session of 4 or more clock hours may be counted
as a full day of attendance.
(k) A recognized kindergarten which provides for only
1/2 day of attendance by each pupil shall not have more than
1/2 day of attendance counted in any 1 day. However,
kindergartens may count 2 1/2 days of attendance in any 5
consecutive school days. Where a pupil attends such a
kindergarten for 2 half days on any one school day, such
pupil shall have the following day as a day absent from
school, unless the school district obtains permission in
writing from the State Superintendent of Education.
Attendance at kindergartens which provide for a full day of
attendance by each pupil shall be counted the same as
attendance by first grade pupils. Only the first year of
attendance in one kindergarten shall be counted except in
case of children who entered the kindergarten in their fifth
year whose educational development requires a second year of
kindergarten as determined under the rules and regulations of
the State Board of Education.
(l) Days of attendance by tuition pupils shall be
accredited only to the districts that pay the tuition to a
recognized school.
(m) The greater of the immediately preceding year's
weighted average daily attendance or the average of the
weighted average daily attendance of the immediately
preceding year and the previous 2 years shall be used.
For any school year beginning July 1, 1986 or thereafter,
if the weighted average daily attendance in either grades
kindergarten through 8 or grades 9 through 12 of a district
as computed for the first calendar month of the current
school year exceeds by more than 5%, but not less than 25
pupils, the district's weighted average daily attendance for
the first calendar month of the immediately preceding year
in, respectively, grades kindergarten through 8 or grades 9
through 12, a supplementary payment shall be made to the
district equal to the difference in the amount of aid the
district would be paid under this Section using the weighted
average daily attendance in the district as computed for the
first calendar month of the current school year and the
amount of aid the district would be paid using the weighted
average daily attendance in the district for the first
calendar month of the immediately preceding year. Such
supplementary State aid payment shall be paid to the district
as provided in Section 18-8.4 and shall be treated as
separate from all other payments made pursuant to this
Section 18-8.
(n) The number of low income eligible pupils in a
district shall result in an increase in the weighted average
daily attendance calculated as follows: The number of low
income pupils shall increase the weighted ADA by .53 for each
student adjusted by dividing the percent of low income
eligible pupils in the district by the ratio of eligible low
income pupils in the State to the best 3 months' weighted
average daily attendance in the State. In no case may the
adjustment under this paragraph result in a greater weighting
than .625 for each eligible low income student. The number
of low income eligible pupils in a district shall be the
low-income eligible count from the most recently available
federal census and the weighted average daily attendance
shall be calculated in accordance with the other provisions
of this paragraph.
(o) Any school district which fails for any given school
year to maintain school as required by law, or to maintain a
recognized school is not eligible to file for such school
year any claim upon the common school fund. In case of
nonrecognition of one or more attendance centers in a school
district otherwise operating recognized schools, the claim of
the district shall be reduced in the proportion which the
average daily attendance in the attendance center or centers
bear to the average daily attendance in the school district.
A "recognized school" means any public school which meets the
standards as established for recognition by the State Board
of Education. A school district or attendance center not
having recognition status at the end of a school term is
entitled to receive State aid payments due upon a legal claim
which was filed while it was recognized.
(p) School district claims filed under this Section are
subject to Sections 18-9, 18-10 and 18-12, except as herein
otherwise provided.
(q) The State Board of Education shall secure from the
Department of Revenue the value as equalized or assessed by
the Department of Revenue of all taxable property of every
school district together with the applicable tax rate used in
extending taxes for the funds of the district as of September
30 of the previous year. The Department of Revenue shall add
to the equalized assessed value of all taxable property of
each school district situated entirely or partially within a
county with 2,000,000 or more inhabitants an amount equal to
the total amount by which the homestead exemptions allowed
under Sections 15-170 and 15-175 of the Property Tax Code for
real property situated in that school district exceeds the
total amount that would have been allowed in that school
district as homestead exemptions under those Sections if the
maximum reduction under Section 15-170 of the Property Tax
Code was $2,000 and the maximum reduction under Section
15-175 of the Property Tax Code was $3,500. The county clerk
of any county with 2,000,000 or more inhabitants shall
annually calculate and certify to the Department for each
school district all homestead exemption amounts required by
this amendatory Act of 1992. In a new district which has not
had any tax rates yet determined for extension of taxes, a
leveled uniform rate shall be computed from the latest amount
of the fund taxes extended on the several areas within such
new district.
(r) If a school district operates a full year school
under Section 10-19.1, the general state aid to the school
district shall be determined by the State Board of Education
in accordance with this Section as near as may be applicable.
2. New or recomputed claim. The general State aid
entitlement for a newly created school district or a district
which has annexed an entire school district shall be computed
using attendance, compensatory pupil counts, equalized
assessed valuation, and tax rate data which would have been
used had the district been in existence for 3 years. General
State aid entitlements shall not be recomputed except as
permitted herein.
3. Impaction. Impaction payments shall be made as
provided for in Section 18-4.2.
4. Summer school. Summer school payments shall be made
as provided in Section 18-4.3.
5. Computation of State aid. The State grant shall be
determined as follows:
(a) The State shall guarantee the amount of money that a
district's operating tax rate as limited in other Sections of
this Act would produce if every district maintaining grades
kindergarten through 12 had an equalized assessed valuation
equal to $74,791 per weighted ADA pupil; every district
maintaining grades kindergarten through 8 had an equalized
assessed valuation of $108,644 per weighted ADA pupil; and
every district maintaining grades 9 through 12 had an
equalized assessed valuation of $187,657 per weighted ADA
pupil. The State Board of Education shall adjust the
equalized assessed valuation amounts stated in this
paragraph, if necessary, to conform to the amount of the
appropriation approved for any fiscal year.
(b) The operating tax rate to be used shall consist of
all district taxes extended for all purposes except community
college educational purposes for the payment of tuition under
Section 6-1 of the Public Community College Act, Bond and
Interest, Summer School, Rent, Capital Improvement and
Vocational Education Building. Any district may elect to
exclude Transportation from the calculation of its operating
tax rate. Districts may include taxes extended for the
payment of principal and interest on bonds issued under the
provisions of Sections 17-2.11a and 20-2 at a rate of .05%
per year for each purpose or the actual rate extended,
whichever is less.
(c) For calculation of aid under this Act a district
shall use the combined authorized tax rates of all funds not
exempt in (b) above, not to exceed 2.76% of the value of all
its taxable property as equalized or assessed by the
Department of Revenue for districts maintaining grades
kindergarten through 12; 1.90% of the value of all its
taxable property as equalized or assessed by the Department
of Revenue for districts maintaining grades kindergarten
through 8 only; 1.10% of the value of all its taxable
property as equalized or assessed by the Department of
Revenue for districts maintaining grades 9 through 12 only.
A district may, however, as provided in Article 17, increase
its operating tax rate above the maximum rate provided in
this subsection without affecting the amount of State aid to
which it is entitled under this Act.
(d) (1) For districts maintaining grades kindergarten
through 12 with an operating tax rate as described in
subsections 5(b) and (c) of less than 2.18%, and districts
maintaining grades kindergarten through 8 with an operating
tax rate of less than 1.28%, State aid shall be computed by
multiplying the difference between the guaranteed equalized
assessed valuation per weighted ADA pupil in subsection 5(a)
and the equalized assessed valuation per weighted ADA pupil
in the district by the operating tax rate, multiplied by the
weighted average daily attendance of the district; provided,
however, that for the 1989-1990 school year only, a school
district maintaining grades kindergarten through 8 whose
operating tax rate with reference to which its general State
aid for the 1989-1990 school year is determined is less than
1.28% and more than 1.090%, and which had an operating tax
rate of 1.28% or more for the previous year, shall have its
general State aid computed according to the provisions of
subsection 5(d)(2).
(2) For districts maintaining grades kindergarten
through 12 with an operating tax rate as described in
subsection 5(b) and (c) of 2.18% and above, the State aid
shall be computed as provided in subsection (d) (1) but as
though the district had an operating tax rate of 2.76%; in
K-8 districts with an operating tax rate of 1.28% and above,
the State aid shall be computed as provided in subsection (d)
(1) but as though the district had an operating tax rate of
1.90%; and in 9-12 districts, the State aid shall be computed
by multiplying the difference between the guaranteed
equalized assessed valuation per weighted average daily
attendance pupil in subsection 5(a) and the equalized
assessed valuation per weighted average daily attendance
pupil in the district by the operating tax rate, not to
exceed 1.10%, multiplied by the weighted average daily
attendance of the district. State aid computed under the
provisions of this subsection (d) (2) shall be treated as
separate from all other payments made pursuant to this
Section. The State Comptroller and State Treasurer shall
transfer from the General Revenue Fund to the Common School
Fund the amounts necessary to permit these claims to be paid
in equal installments along with other State aid payments
remaining to be made for the 1983-1984 school year under this
Section.
(3) For any school district whose 1995 equalized
assessed valuation is at least 6% less than its 1994
equalized assessed valuation as the result of a reduction in
the equalized assessed valuation of the taxable property
within such district of any one taxpayer whose taxable
property within the district has a 1994 equalized assessed
valuation constituting at least 20% of the 1994 equalized
assessed valuation of all taxable property within the
district, the 1996-97 State aid of such district shall be
computed using its 1995 equalized assessed valuation.
(4) For any school district whose 1988 equalized
assessed valuation is 55% or less of its 1981 equalized
assessed valuation, the 1990-91 State aid of such district
shall be computed by multiplying the 1988 equalized assessed
valuation by a factor of .8. Any such school district which
is reorganized effective for the 1991-92 school year shall
use the formula provided in this subparagraph for purposes of
the calculation made pursuant to subsection (m) of this
Section.
(e) The amount of State aid shall be computed under the
provisions of subsections 5(a) through 5(d) provided the
equalized assessed valuation per weighted ADA pupil is less
than .87 of the amounts in subsection 5(a). If the equalized
assessed valuation per weighted ADA pupil is equal to or
greater than .87 of the amounts in subsection 5(a), the State
aid shall be computed under the provisions of subsection
5(f).
(f) If the equalized assessed valuation per weighted ADA
pupil is equal to or greater than .87 of the amounts in
subsection 5(a), the State aid per weighted ADA pupil shall
be computed by multiplying the product of .13 times the
maximum per pupil amount computed under the provisions of
subsections 5(a) through 5(d) by an amount equal to the
quotient of .87 times the equalized assessed valuation per
weighted ADA pupil in subsection 5(a) for that type of
district divided by the district equalized valuation per
weighted ADA pupil except in no case shall the district
receive State aid per weighted ADA pupil of less than .07
times the maximum per pupil amount computed under the
provisions of subsections 5(a) through 5(d).
(g) In addition to the above grants, summer school
grants shall be made based upon the calculation as provided
in subsection 4 of this Section.
(h) The board of any district receiving any of the
grants provided for in this Section may apply those funds to
any fund so received for which that board is authorized to
make expenditures by law.
(i) (1) (a) In school districts with an average daily
attendance of 50,000 or more, the amount which is provided
under subsection 1(n) of this Section by the application of a
base Chapter 1 weighting factor of .375 shall be distributed
to the attendance centers within the district in proportion
to the number of pupils enrolled at each attendance center
who are eligible to receive free or reduced-price lunches or
breakfasts under the federal Child Nutrition Act of 1966 and
under the National School Lunch Act during the immediately
preceding school year. The amount of State aid provided
under subsection 1(n) of this Section by the application of
the Chapter 1 weighting factor in excess of .375 shall be
distributed to the attendance centers within the district in
proportion to the total enrollment at each attendance center.
Beginning with school year 1989-90, and each school year
thereafter, all funds provided under subsection 1 (n) of this
Section by the application of the Chapter 1 weighting factor
which are in excess of the level of non-targeted Chapter 1
funds in school year 1988-89 shall be distributed to
attendance centers, and only to attendance centers, within
the district in proportion to the number of pupils enrolled
at each attendance center who are eligible to receive free or
reduced price lunches or breakfasts under the Federal Child
Nutrition Act and under the National School Lunch Act during
the immediately preceding school year. Beginning in school
year 1989-90, 25% of the previously non-targeted Chapter 1
funds as established for school year 1988-89 shall also be
distributed to the attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive free or reduced price lunches or breakfasts under the
Federal Child Nutrition Act and under the National School
Lunch Act during the immediately preceding school year; in
school year 1990-91, 50% of the previously non-targeted
Chapter 1 funds as established for school year 1988-89 shall
be distributed to attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive such free or reduced price lunches or breakfasts
during the immediately preceding school year; in school year
1991-92, 75% of the previously non-targeted Chapter 1 funds
as established for school year 1988-89 shall be distributed
to attendance centers, and only to attendance centers, in the
district in proportion to the number of pupils enrolled at
each attendance center who are eligible to receive such free
or reduced price lunches or breakfasts during the immediately
preceding school year; in school year 1992-93 and thereafter,
all funds provided under subsection 1 (n) of this Section by
the application of the Chapter 1 weighting factor shall be
distributed to attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive free or reduced price lunches or breakfasts under the
Federal Child Nutrition Act and under the National School
Lunch Act during the immediately preceding school year;
provided, however, that the distribution formula in effect
beginning with school year 1989-90 shall not be applicable to
such portion of State aid provided under subsection 1 (n) of
this Section by the application of the Chapter 1 weighting
formula as is set aside and appropriated by the school
district for the purpose of providing desegregation programs
and related transportation to students (which portion shall
not exceed 5% of the total amount of State aid which is
provided under subsection 1 (n) of this Section by
application of the Chapter 1 weighting formula), and the
relevant percentages shall be applied to the remaining
portion of such State aid. The distribution of these
portions of general State aid among attendance centers
according to these requirements shall not be compensated for
or contravened by adjustments of the total of other funds
appropriated to any attendance centers. (b) The Board of
Education shall utilize funding from one or several sources
in order to fully implement this provision annually prior to
the opening of school. The Board of Education shall apply
savings from reduced administrative costs required under
Section 34-43.1 and growth in non-Chapter 1 State and local
funds to assure that all attendance centers receive funding
to replace losses due to redistribution of Chapter 1 funding.
The distribution formula and funding to replace losses due to
the distribution formula shall occur, in full, using any and
all sources available, including, if necessary, revenue from
administrative reductions beyond those required in Section
34-43.1, in order to provide the necessary funds. (c) Each
attendance center shall be provided by the school district a
distribution of noncategorical funds and other categorical
funds to which an attendance center is entitled under law in
order that the State aid provided by application of the
Chapter 1 weighting factor and required to be distributed
among attendance centers according to the requirements of
this paragraph supplements rather than supplants the
noncategorical funds and other categorical funds provided by
the school district to the attendance centers.
Notwithstanding the foregoing provisions of this subsection
5(i)(1) or any other law to the contrary, beginning with the
1995-1996 school year and for each school year thereafter,
the board of a school district to which the provisions of
this subsection apply shall be required to allocate or
provide to attendance centers of the district in any such
school year, from the State aid provided for the district
under this Section by application of the Chapter 1 weighting
factor, an aggregate amount of not less than $261,000,000 of
State Chapter 1 funds. Any State Chapter 1 funds that by
reason of the provisions of this paragraph are not required
to be allocated and provided to attendance centers may be
used and appropriated by the board of the district for any
lawful school purpose. Chapter 1 funds received by an
attendance center (except those funds set aside for
desegregation programs and related transportation to
students) shall be used on the schedule cited in this Section
at the attendance center at the discretion of the principal
and local school council for programs to improve educational
opportunities at qualifying schools through the following
programs and services: early childhood education, reduced
class size or improved adult to student classroom ratio,
enrichment programs, remedial assistance, attendance
improvement and other educationally beneficial expenditures
which supplement the regular and basic programs as determined
by the State Board of Education. Chapter 1 funds shall not
be expended for any political or lobbying purposes as defined
by board rule. (d) Each district subject to the provisions of
this paragraph shall submit an acceptable plan to meet the
educational needs of disadvantaged children, in compliance
with the requirements of this paragraph, to the State Board
of Education prior to July 15 of each year. This plan shall
be consistent with the decisions of local school councils
concerning the school expenditure plans developed in
accordance with part 4 of Section 34-2.3. The State Board
shall approve or reject the plan within 60 days after its
submission. If the plan is rejected the district shall give
written notice of intent to modify the plan within 15 days of
the notification of rejection and then submit a modified plan
within 30 days after the date of the written notice of intent
to modify. Districts may amend approved plans pursuant to
rules promulgated by the State Board of Education.
Upon notification by the State Board of Education that
the district has not submitted a plan prior to July 15 or a
modified plan within the time period specified herein, the
State aid funds affected by said plan or modified plan shall
be withheld by the State Board of Education until a plan or
modified plan is submitted.
If the district fails to distribute State aid to
attendance centers in accordance with an approved plan, the
plan for the following year shall allocate funds, in addition
to the funds otherwise required by this subparagraph, to
those attendance centers which were underfunded during the
previous year in amounts equal to such underfunding.
For purposes of determining compliance with this
subsection in relation to Chapter 1 expenditures, each
district subject to the provisions of this subsection shall
submit as a separate document by December 1 of each year a
report of Chapter 1 expenditure data for the prior year in
addition to any modification of its current plan. If it is
determined that there has been a failure to comply with the
expenditure provisions of this subsection regarding
contravention or supplanting, the State Superintendent of
Education shall, within 60 days of receipt of the report,
notify the district and any affected local school council.
The district shall within 45 days of receipt of that
notification inform the State Superintendent of Education of
the remedial or corrective action to be taken, whether by
amendment of the current plan, if feasible, or by adjustment
in the plan for the following year. Failure to provide the
expenditure report or the notification of remedial or
corrective action in a timely manner shall result in a
withholding of the affected funds.
The State Board of Education shall promulgate rules and
regulations to implement the provisions of this subsection
5(i)(1). No funds shall be released under subsection 1(n) of
this Section or under this subsection 5(i)(1) to any district
which has not submitted a plan which has been approved by the
State Board of Education.
(2) School districts with an average daily attendance of
more than 1,000 and less than 50,000 and having a low income
pupil weighting factor in excess of .53 shall submit a plan
to the State Board of Education prior to October 30 of each
year for the use of the funds resulting from the application
of subsection 1(n) of this Section for the improvement of
instruction in which priority is given to meeting the
education needs of disadvantaged children. Such plan shall
be submitted in accordance with rules and regulations
promulgated by the State Board of Education.
(j) For the purposes of calculating State aid under this
Section, with respect to any part of a school district within
a redevelopment project area in respect to which a
municipality has adopted tax increment allocation financing
pursuant to the Tax Increment Allocation Redevelopment Act,
Sections 11-74.4-1 through 11-74.4-11 of the Illinois
Municipal Code or the Industrial Jobs Recovery Law, Sections
11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
no part of the current equalized assessed valuation of real
property located in any such project area which is
attributable to an increase above the total initial equalized
assessed valuation of such property shall be used in
computing the equalized assessed valuation per weighted ADA
pupil in the district, until such time as all redevelopment
project costs have been paid, as provided in Section
11-74.4-8 of the Tax Increment Allocation Redevelopment Act
or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
For the purpose of computing the equalized assessed valuation
per weighted ADA pupil in the district the total initial
equalized assessed valuation or the current equalized
assessed valuation, whichever is lower, shall be used until
such time as all redevelopment project costs have been paid.
(k) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
State aid otherwise payable to that district under this
Section, other than State aid attributable to Chapter 1
students, shall be reduced by an amount equal to the budget
for the operations of the Authority as certified by the
Authority to the State Board of Education, and an amount
equal to such reduction shall be paid to the Authority
created for such district for its operating expenses in the
manner provided in Section 18-11. The remainder of State
school aid for any such district shall be paid in accordance
with Article 34A when that Article provides for a disposition
other than that provided by this Article.
(l) For purposes of calculating State aid under this
Section, the equalized assessed valuation for a school
district used to compute State aid shall be determined by
adding to the real property equalized assessed valuation for
the district an amount computed by dividing the amount of
money received by the district under the provisions of "An
Act in relation to the abolition of ad valorem personal
property tax and the replacement of revenues lost thereby",
certified August 14, 1979, by the total tax rate for the
district. For purposes of this subsection 1976 tax rates
shall be used for school districts in the county of Cook and
1977 tax rates shall be used for school districts in all
other counties.
(m) (1) For a new school district formed by combining
property included totally within 2 or more previously
existing school districts, for its first year of existence or
if the new district was formed after October 31, 1982 and
prior to September 23, 1985, for the year immediately
following September 23, 1985, the State aid calculated under
this Section shall be computed for the new district and for
the previously existing districts for which property is
totally included within the new district. If the computation
on the basis of the previously existing districts is greater,
a supplementary payment equal to the difference shall be made
for the first 3 years of existence of the new district or if
the new district was formed after October 31, 1982 and prior
to September 23, 1985, for the 3 years immediately following
September 23, 1985.
(2) For a school district which annexes all of the
territory of one or more entire other school districts, for
the first year during which the change of boundaries
attributable to such annexation becomes effective for all
purposes as determined under Section 7-9 or 7A-8, the State
aid calculated under this Section shall be computed for the
annexing district as constituted after the annexation and for
the annexing and each annexed district as constituted prior
to the annexation; and if the computation on the basis of the
annexing and annexed districts as constituted prior to the
annexation is greater, a supplementary payment equal to the
difference shall be made for the first 3 years of existence
of the annexing school district as constituted upon such
annexation.
(3) For 2 or more school districts which annex all of
the territory of one or more entire other school districts,
and for 2 or more community unit districts which result upon
the division (pursuant to petition under Section 11A-2) of
one or more other unit school districts into 2 or more parts
and which together include all of the parts into which such
other unit school district or districts are so divided, for
the first year during which the change of boundaries
attributable to such annexation or division becomes effective
for all purposes as determined under Section 7-9 or 11A-10,
as the case may be, the State aid calculated under this
Section shall be computed for each annexing or resulting
district as constituted after the annexation or division and
for each annexing and annexed district, or for each resulting
and divided district, as constituted prior to the annexation
or division; and if the aggregate of the State aid as so
computed for the annexing or resulting districts as
constituted after the annexation or division is less than the
aggregate of the State aid as so computed for the annexing
and annexed districts, or for the resulting and divided
districts, as constituted prior to the annexation or
division, then a supplementary payment equal to the
difference shall be made and allocated between or among the
annexing or resulting districts, as constituted upon such
annexation or division, for the first 3 years of their
existence. The total difference payment shall be allocated
between or among the annexing or resulting districts in the
same ratio as the pupil enrollment from that portion of the
annexed or divided district or districts which is annexed to
or included in each such annexing or resulting district bears
to the total pupil enrollment from the entire annexed or
divided district or districts, as such pupil enrollment is
determined for the school year last ending prior to the date
when the change of boundaries attributable to the annexation
or division becomes effective for all purposes. The amount
of the total difference payment and the amount thereof to be
allocated to the annexing or resulting districts shall be
computed by the State Board of Education on the basis of
pupil enrollment and other data which shall be certified to
the State Board of Education, on forms which it shall provide
for that purpose, by the regional superintendent of schools
for each educational service region in which the annexing and
annexed districts, or resulting and divided districts are
located.
(4) If a unit school district annexes all the territory
of another unit school district effective for all purposes
pursuant to Section 7-9 on July 1, 1988, and if part of the
annexed territory is detached within 90 days after July 1,
1988, then the detachment shall be disregarded in computing
the supplementary State aid payments under this paragraph (m)
for the entire 3 year period and the supplementary State aid
payments shall not be diminished because of the detachment.
(5) Any supplementary State aid payment made under this
paragraph (m) shall be treated as separate from all other
payments made pursuant to this Section.
(n) For the purposes of calculating State aid under this
Section, the real property equalized assessed valuation for a
school district used to compute State aid shall be determined
by subtracting from the real property value as equalized or
assessed by the Department of Revenue for the district an
amount computed by dividing the amount of any abatement of
taxes under Section 18-170 of the Property Tax Code by the
maximum operating tax rates specified in subsection 5(c) of
this Section and an amount computed by dividing the amount of
any abatement of taxes under subsection (a) of Section 18-165
of the Property Tax Code by the maximum operating tax rates
specified in subsection 5(c) of this Section.
(o) Notwithstanding any other provisions of this
Section, for the 1996-1997 school year the amount of the
aggregate general State aid entitlement that is received
under this Section by each school district for that school
year shall be not less than the amount of the aggregate
general State aid entitlement that was received by the
district under this Section for the 1995-1996 school year.
If a school district is to receive an aggregate general State
aid entitlement under this Section for the 1996-1997 school
year that is less than the amount of the aggregate general
State aid entitlement that the district received under this
Section for the 1995-1996 school year, the school district
shall also receive, from a separate appropriation made for
purposes of this paragraph (o), a supplementary payment that
is equal to the amount by which the general State aid
entitlement received by the district under this Section for
the 1995-1996 school year exceeds the general State aid
entitlement that the district is to receive under this
Section for the 1996-1997 school year.
Notwithstanding any other provisions of this Section, for
the 1997-1998 school year the amount of the aggregate general
State aid entitlement that is received under this Section by
each school district for that school year shall be not less
than the amount of the aggregate general State aid
entitlement that was received by the district under this
Section for the 1996-1997 school year. If a school district
is to receive an aggregate general State aid entitlement
under this Section for the 1997-1998 school year that is less
than the amount of the aggregate general State aid
entitlement that the district received under this Section for
the 1996-1997 school year, the school district shall also
receive, from a separate appropriation made for purposes of
this paragraph (o), a supplementary payment that is equal to
the amount by which the general State aid entitlement
received by the district under this Section for the 1996-1997
school year exceeds the general State aid entitlement that
the district is to receive under this Section for the
1997-1998 school year.
If the amount appropriated for supplementary payments to
school districts under this paragraph (o) is insufficient for
that purpose, the supplementary payments that districts are
to receive under this paragraph shall be prorated according
to the aggregate amount of the appropriation made for
purposes of this paragraph.
(p) For the 1997-1998 school year, a supplemental
general State aid grant shall be provided for school
districts as follows:
(i) The general State aid received by a school
district under this Section for the 1997-1998 school year
shall be added to the sum of (A) the result obtained by
multiplying the 1995 equalized valuation of all taxable
property in the district by the fixed calculation tax
rates of 3.0% for unit districts, 2.0% for elementary
districts and 1.0% for high school districts plus (B) the
aggregate corporate personal property replacement
revenues received by the district during the 1996-1997
school year;
(ii) The aggregate amount determined under item (i)
of this subsection 5(p) shall be divided by the average
of the best 3 months of pupil attendance in the district
for the 1996-1997 school year; and
(iii) If the result obtained by dividing the
aggregate amount determined under item (i) of this
subsection 5(p) by the average of the best 3 months of
pupil attendance in the district as provided in item (ii)
of this subsection 5(p) is less than $3,600, the
supplemental general State aid grant that the district
shall receive under this subsection 5(p) for the
1997-1998 school year shall be equal to the amount
determined by subtracting from $3,600 the result obtained
by dividing the aggregate amount determined under item
(i) of this subsection by the average of the best 3
months of pupil attendance in the district as provided in
item (ii) of this subsection, and by multiplying that
difference by the average of the best 3 months of pupil
attendance in the district for the 1996-1997 school year.
If the moneys appropriated in a separate line item by the
General Assembly to the State Board of Education for
supplementary payments required to be made and distributed to
school districts for any school year under this subsection
5(p) are insufficient, the amount of the supplementary
payments required to be made and distributed to those school
districts under this subsection 5(p) for that school year
shall abate proportionately.
B. In calculating the amount to be paid to the governing
board of a public university that operates a laboratory
school under this Section or to any alternative school that
is operated by a regional superintendent of schools, the
State Board of Education shall require by rule such reporting
requirements as it deems necessary.
As used in this Section, "laboratory school" means a
public school which is created and operated by a public
university and approved by the State Board of Education. The
governing board of a public university which receives funds
from the State Board under this subsection B may not increase
the number of students enrolled in its laboratory school from
a single district, if that district is already sending 50 or
more students, except under a mutual agreement between the
school board of a student's district of residence and the
university which operates the laboratory school. A
laboratory school may not have more than 1,000 students,
excluding students with disabilities in a special education
program.
As used in this Section, "alternative school" means a
public school which is created and operated by a regional
superintendent of schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational
training. A regional superintendent of schools may contract
with a school district or a public community college district
to operate an alternative school. An alternative school
serving more than one educational service region may be
operated under such terms as the regional superintendents of
schools of those educational service regions may agree.
Each laboratory and alternative school shall file, on
forms provided by the State Superintendent of Education, an
annual State aid claim which states the average daily
attendance of the school's students by month. The best 3
months' average daily attendance shall be computed for each
school. The weighted average daily attendance shall be
computed and the weighted average daily attendance for the
school's most recent 3 year average shall be compared to the
most recent weighted average daily attendance, and the
greater of the 2 shall be used for the calculation under this
subsection B. The general State aid entitlement shall be
computed by multiplying the school's student count by the
foundation level as determined under this Section.
(Source: P.A. 89-15, eff. 5-30-95; 89-235, eff. 8-4-95;
89-397, eff. 8-20-95; 89-610, eff. 8-6-96; 89-618, eff.
8-9-96; 89-626, eff. 8-9-96; 89-679, eff. 8-16-96; 90-9, eff.
7-1-97; 90-14, eff. 7-1-97.)
(105 ILCS 5/22-23) (from Ch. 122, par. 22-23)
Sec. 22-23. Sprinkler systems.
(a) The provisions of this Section apply to the school
board, board of education, board of school directors, board
of school inspectors or other governing body of each school
district in this State, including special charter districts
and districts organized under Article 34.
(b) As used in this Section, the term "school
construction" means (1) the construction of a new school
building, or addition to an existing building, within any
period of 30 months, having 7,200 or more square feet the
construction of an addition to a school building, and (2) any
alteration, as defined in 71 Illinois Administrative Code,
Section 400.210, within any period of 30 months, remodeling,
renovation or reconstruction project affecting one or more
areas of a school building which cumulatively are equal to
50% or more of the square footage of the school building.
(c) New areas or uses of buildings not required to be
sprinklered under this Section shall be protected with the
installation of an automatic fire detection system.
(d) (c) Notwithstanding any other provisions of this
Act, no school construction shall be commenced in any school
district on or after the effective date of this amendatory
Act of 1991 unless sprinkler systems are required by, and are
installed in accordance with approved plans and
specifications in the school building, addition or project
areas which constitute school construction as defined in
subsection (b). Plans and specifications shall comply with
rules and regulations established by the State Board of
Education, and such rules and regulations shall be consistent
so far as practicable with nationally recognized standards
such as those established by the National Fire Protection
Association.
(d) Prior to the award of any contract for, or
commencement of any school construction, the school board or
other governing body of the school district shall submit
plans and specifications for installation of sprinkler
systems as required by this Section to the appropriate
regional superintendent of schools, who shall forward the
plans and specifications to the State Board of Education for
review and approval.
(Source: P.A. 87-652.)
(105 ILCS 5/27-20.6 new)
Sec. 27-20.6 "Irish Famine" Study. Every public
elementary school and high school may include in its
curriculum a unit of instruction studying the causes and
effects of mass starvation in mid-19th century Ireland. This
period in world history is known as the "Irish Famine", in
which millions of Irish died or emigrated. The study of this
material is a reaffirmation of the commitment of free people
of all nations to eradicate the causes of famine that exist
in the modern world.
The State Superintendent of Education may prepare and
make available to all school boards instructional materials
that may be used as guidelines for development of a unit of
instruction under this Section; provided, however, that each
school board shall itself determine the minimum amount of
instruction time that shall qualify as a unit of instruction
satisfying the requirements of this Section.
(105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
Sec. 34-2.4b. Limitation upon applicability. The
provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a,
34-2.4 and 34-8.3, and those provisions of paragraph 1 of
Section 34-18 and paragraph (c) of Section 34A-201a relating
to the allocation or application -- by formula or otherwise
-- of lump sum amounts and other funds to attendance centers,
shall not apply to attendance centers that have applied for
and been designated as a "Small School" by the Board, the
Cook County Juvenile Detention Center and Cook County Jail
schools, nor to the district's alternative schools for
pregnant girls, nor to alternative schools established under
Article 13A, nor to Washburne Trade School, the Industrial
Skills Center or Michael R. Durso School, Jackson Adult
Center, Hillard Adult Center, or the Alternative Transitional
School; and the board of education shall have and exercise
with respect to those schools and with respect to the
conduct, operation, affairs and budgets of those schools, and
with respect to the principals, teachers and other school
staff there employed, the same powers which are exercisable
by local school councils with respect to the other attendance
centers, principals, teachers and school staff within the
district, together with all powers and duties generally
exercisable by the board of education with respect to all
attendance centers within the district. The board of
education shall develop appropriate alternative methods for
involving parents, community members and school staff to the
maximum extent possible in all of the activities of those
schools, and may delegate to the parents, community members
and school staff so involved the same powers which are
exercisable by local school councils with respect to other
attendance centers.
(Source: P.A. 89-15, eff. 5-30-95; 89-636, eff. 8-9-96.)
(105 ILCS 5/34-4.5)
Sec. 34-4.5. Chronic truants.
(a) Office of Chronic Truant Adjudication. The board
shall establish and implement an Office of Chronic Truant
Adjudication, which shall be responsible for administratively
adjudicating cases of chronic truancy and imposing
appropriate sanctions. The board shall appoint or employ
hearing officers to perform the adjudicatory functions of
that Office. Principals and other appropriate personnel may
refer pupils suspected of being chronic truants, as defined
in Section 26-2a of this Code, to the Office of Chronic
Truant Adjudication.
(b) Notices. Before any hearing may be held under
subsection (c), the principal of the school attended by the
pupil or the principal's designee shall notify the pupil's
parent or guardian by personal visit, letter, or telephone of
each unexcused absence of the pupil. After giving the parent
or guardian notice of the tenth unexcused absence of the
pupil, the principal or the principal's designee shall send
the pupil's parent or guardian a letter, by certified mail,
return receipt requested, notifying the parent or guardian
that he or she is subjecting himself or herself to a hearing
procedure as provided under subsection (c) and clearly
describing any and all possible penalties that may be imposed
as provided for in subsections (d) and (e) of this Section.
(c) Hearing. Once a pupil has been referred to the
Office of Chronic Truant Adjudication, a hearing shall be
scheduled before an appointed hearing officer, and the pupil
and the pupil's parents or guardian shall be notified by
certified mail, return receipt requested stating the time,
place, and purpose of the hearing. The hearing officer shall
hold a hearing and render a written decision within 14 days
determining whether the pupil is a chronic truant as defined
in Section 26-2a of this Code and whether the parent or
guardian took reasonable steps to assure the pupil's
attendance at school. The hearing shall be private unless a
public hearing is requested by the pupil's parent or
guardian, and the pupil may be present at the hearing with a
representative in addition to the pupil's parent or guardian.
The board shall present evidence of the pupil's truancy, and
the pupil and the parent or guardian or representative of the
pupil may cross examine witnesses, present witnesses and
evidence, and present defenses to the charges. All testimony
at the hearing shall be taken under oath administered by the
hearing officer. The decision of the hearing officer shall
constitute an "administrative decision" for purposes of
judicial review under the Administrative Review Law.
(d) Penalties. The hearing officer may require the
pupil or the pupil's parent or guardian or both the pupil and
the pupil's parent or guardian to do any or all of the
following: perform reasonable school or community services
for a period not to exceed 30 days; complete a parenting
education program; obtain counseling or other supportive
services; and comply with an individualized educational plan
or service plan as provided by appropriate school officials.
If the parent or guardian of the chronic truant shows that he
or she took reasonable steps to insure attendance of the
pupil at school, he or she shall not be required to perform
services.
(e) Non-compliance with sanctions. If a pupil
determined by a hearing officer to be a chronic truant or the
parent or guardian of the pupil fails to comply with the
sanctions ordered by the hearing officer under subsection (c)
of this Section, the Office of Chronic Truant Adjudication
may refer the matter to the State's Attorney for prosecution
under Section 3-33 of the Juvenile Court Act of 1987.
(f) Limitation on applicability. Nothing in this
Section shall be construed to apply to a parent or guardian
of a pupil not required to attend a public school pursuant to
Section 26-1 in a valid home school program.
(Source: P.A. 90-143, eff. 7-23-97.)
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
Sec. 34-18.5. Criminal background investigations.
(a) After August 1, 1985, certified and noncertified
applicants for employment with the school district are
required as a condition of employment to authorize an
investigation to determine if such applicants have been
convicted of any of the enumerated criminal or drug offenses
in subsection (c) of this Section. Authorization for the
investigation shall be furnished by the applicant to the
school district, except that if the applicant is a substitute
teacher seeking employment in more than one school district,
or a teacher seeking concurrent part-time employment
positions with more than one school district (as a reading
specialist, special education teacher or otherwise), or an
educational support personnel employee seeking employment
positions with more than one district, any such district may
require the applicant to furnish authorization for the
investigation to the regional superintendent of the
educational service region in which are located the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee. Upon receipt of this
authorization, the school district or the appropriate
regional superintendent, as the case may be, shall submit the
applicant's name, sex, race, date of birth and social
security number to the Department of State Police on forms
prescribed by the Department. The regional superintendent
submitting the requisite information to the Department of
State Police shall promptly notify the school districts in
which the applicant is seeking employment as a substitute or
concurrent part-time teacher or concurrent educational
support personnel employee that the investigation of the
applicant has been requested. The Department of State Police
shall conduct an investigation to ascertain if the applicant
being considered for employment has been convicted of any of
the enumerated criminal or drug offenses in subsection (c).
The Department shall charge the school district or the
appropriate regional superintendent a fee for conducting such
investigation, which fee shall be deposited in the State
Police Services Fund and shall not exceed the cost of the
inquiry; and the applicant shall not be charged a fee for
such investigation by the school district or by the regional
superintendent. The regional superintendent may seek
reimbursement from the State Board of Education or the
appropriate school district or districts for fees paid by the
regional superintendent to the Department for the criminal
background investigations required by this Section.
(b) The Department shall furnish, pursuant to positive
identification, records of convictions, until expunged, to
the president of the board of education for the school
district which requested the investigation, or to the
regional superintendent who requested the investigation. Any
information concerning the record of convictions obtained by
the president of the board of education or the regional
superintendent shall be confidential and may only be
transmitted to the general superintendent of the school
district or his designee, the appropriate regional
superintendent if the investigation was requested by the
board of education for the school district, the presidents of
the appropriate board of education or school boards if the
investigation was requested from the Department of State
Police by the regional superintendent, the State
Superintendent of Education, the State Teacher Certification
Board or any other person necessary to the decision of hiring
the applicant for employment. A copy of the record of
convictions obtained from the Department of State Police
shall be provided to the applicant for employment. If an
investigation of an applicant for employment as a substitute
or concurrent part-time teacher or concurrent educational
support personnel employee in more than one school district
was requested by the regional superintendent, and the
Department of State Police upon investigation ascertains that
the applicant has not been convicted of any of the enumerated
criminal or drug offenses in subsection (c) and so notifies
the regional superintendent, then the regional superintendent
shall issue to the applicant a certificate evidencing that as
of the date specified by the Department of State Police the
applicant has not been convicted of any of the enumerated
criminal or drug offenses in subsection (c). The school
board of any school district located in the educational
service region served by the regional superintendent who
issues such a certificate to an applicant for employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee in more than one such
district may rely on the certificate issued by the regional
superintendent to that applicant, or may initiate its own
investigation of the applicant through the Department of
State Police as provided in subsection (a). Any person who
releases any confidential information concerning any criminal
convictions of an applicant for employment shall be guilty of
a Class A misdemeanor, unless the release of such information
is authorized by this Section.
(c) The board of education shall not knowingly employ a
person who has been convicted for committing attempted first
degree murder or for committing or attempting to commit first
degree murder or a Class X felony or any one or more of the
following offenses: (i) those defined in Sections 11-6,
11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii)
those defined in the Cannabis Control Act, except those
defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the Illinois Controlled Substances Act; and
(iv) any offense committed or attempted in any other state or
against the laws of the United States, which if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses. Further, the board of
education shall not knowingly employ a person who has been
found to be the perpetrator of sexual or physical abuse of
any minor under 18 years of age pursuant to proceedings under
Article II of the Juvenile Court Act of 1987.
(d) The board of education shall not knowingly employ a
person for whom a criminal background investigation has not
been initiated.
(e) Upon receipt of the record of a conviction of or a
finding of child abuse by a holder of any certificate issued
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School Code, the board of education or the State
Superintendent of Education shall initiate the certificate
suspension and revocation proceedings authorized by law.
(f) After March 19, 1990, the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal background investigations on employees of persons or
firms holding contracts with more than one school district
and assigned to more than one school district, the regional
superintendent of the educational service region in which the
contracting school districts are located may, at the request
of any such school district, be responsible for receiving the
authorization for investigation prepared by each such
employee and submitting the same to the Department of State
Police. Any information concerning the record of conviction
of any such employee obtained by the regional superintendent
shall be promptly reported to the president of the
appropriate school board or school boards.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
89-610, eff. 8-6-96.)
Section 7. The Illinois School Student Records Act is
amended by changing Section 6 as follows:
(105 ILCS 10/6) (from Ch. 122, par. 50-6)
Sec. 6. (a) No school student records or information
contained therein may be released, transferred, disclosed or
otherwise disseminated, except as follows:
(1) To a parent or student or person specifically
designated as a representative by a parent, as provided in
paragraph (a) of Section 5;
(2) To an employee or official of the school or school
district or State Board with current demonstrable educational
or administrative interest in the student, in furtherance of
such interest;
(3) To the official records custodian of another school
within Illinois or an official with similar responsibilities
of a school outside Illinois, in which the student has
enrolled, or intends to enroll, upon the request of such
official or student;
(4) To any person for the purpose of research,
statistical reporting or planning, provided that no student
or parent can be identified from the information released and
the person to whom the information is released signs an
affidavit agreeing to comply with all applicable statutes and
rules pertaining to school student records;
(5) Pursuant to a court order, provided that the parent
shall be given prompt written notice upon receipt of such
order of the terms of the order, the nature and substance of
the information proposed to be released in compliance with
such order and an opportunity to inspect and copy the school
student records and to challenge their contents pursuant to
Section 7;
(6) To any person as specifically required by State or
federal law;
(7) Subject to regulations of the State Board, in
connection with an emergency, to appropriate persons if the
knowledge of such information is necessary to protect the
health or safety of the student or other persons; or
(8) To any person, with the prior specific dated written
consent of the parent designating the person to whom the
records may be released, provided that at the time any such
consent is requested or obtained, the parent shall be advised
in writing that he has the right to inspect and copy such
records in accordance with Section 5, to challenge their
contents in accordance with Section 7 and to limit any such
consent to designated records or designated portions of the
information contained therein; or
(9) To a governmental agency, or social service agency
contracted by a governmental agency, in furtherance of an
investigation of a student's school attendance pursuant to
the compulsory student attendance laws of this State,
provided that the records are released to the employee or
agent designated by the agency.
(b) No information may be released pursuant to
subparagraphs (3) or (6) of paragraph (a) of this Section 6
unless the parent receives prior written notice of the nature
and substance of the information proposed to be released, and
an opportunity to inspect and copy such records in accordance
with Section 5 and to challenge their contents in accordance
with Section 7. Provided, however, that such notice shall be
sufficient if published in a local newspaper of general
circulation or other publication directed generally to the
parents involved where the proposed release of information is
pursuant to subparagraph 6 of paragraph (a) in this Section 6
and relates to more than 25 students.
(c) A record of any release of information pursuant to
this Section must be made and kept as a part of the school
student record and subject to the access granted by Section
5. Such record of release shall be maintained for the life of
the school student records and shall be available only to the
parent and the official records custodian. Each record of
release shall also include:
(1) The nature and substance of the information
released;
(2) The name and signature of the official records
custodian releasing such information;
(3) The name of the person requesting such information,
the capacity in which such a request has been made, and the
purpose of such request;
(4) The date of the release; and
(5) A copy of any consent to such release.
(d) Except for the student and his parents, no person to
whom information is released pursuant to this Section and no
person specifically designated as a representative by a
parent may permit any other person to have access to such
information without a prior consent of the parent obtained in
accordance with the requirements of subparagraph (8) of
paragraph (a) of this Section.
(e) Nothing contained in this Act shall prohibit the
publication of student directories which list student names,
addresses and other identifying information and similar
publications which comply with regulations issued by the
State Board.
(Source: P.A. 86-1028.)
Section 8. The Critical Health Problems and
Comprehensive Health Education Act is amended by changing
Section 3 as follows:
(105 ILCS 110/3) (from Ch. 122, par. 863)
Sec. 3. Comprehensive Health Education Program. The
program established under this Act shall include, but not be
limited to, the following major educational areas as a basis
for curricula in all elementary and secondary schools in this
State: human ecology and health, human growth and
development, the emotional, psychological, physiological,
hygienic and social responsibilities of family life,
including sexual abstinence until marriage, prevention and
control of disease, including instruction in grades 6 through
12 on the prevention, transmission and spread of AIDS, public
and environmental health, consumer health, safety education
and disaster survival, mental health and illness, personal
health habits, alcohol, drug use, and abuse including the
medical and legal ramifications of alcohol, drug, and tobacco
use, abuse during pregnancy, sexual abstinence until
marriage, tobacco, nutrition, and dental health.
Notwithstanding the above educational areas, the following
areas may also be included as a basis for curricula in all
elementary and secondary schools in this State: basic first
aid (including, but not limited to, cardiopulmonary
resuscitation and the Heimlich maneuver), early prevention
and detection of cancer, heart disease, diabetes, stroke, and
the prevention of child abuse, neglect, and suicide. The
school board of each public elementary and secondary school
in the State is encouraged to have in its employ, or on its
volunteer staff, at least one person who is certified, by the
American Red Cross or by another qualified certifying agency,
as qualified to administer first aid and cardiopulmonary
resuscitation. In addition, each school board is authorized
to allocate appropriate portions of its institute or
inservice days to conduct training programs for teachers and
other school personnel who have expressed an interest in
becoming qualified to administer emergency first aid or
cardiopulmonary resuscitation. School boards are urged to
encourage their teachers and other school personnel who coach
school athletic programs and other extracurricular school
activities to acquire, develop, and maintain the knowledge
and skills necessary to properly administer first aid and
cardiopulmonary resuscitation in accordance with standards
and requirements established by the American Red Cross or
another qualified certifying agency. However, No pupil shall
be required to take or participate in any class or course on
AIDS or family life instruction if his parent or guardian
submits written objection thereto, and refusal to take or
participate in the course or program shall not be reason for
suspension or expulsion of the pupil.
Curricula developed under programs established in
accordance with this Act in the major educational area of
alcohol and drug use and abuse shall include classroom
instruction in grades 5 through 12. The instruction, which
shall include matters relating to both the physical and legal
effects and ramifications of drug and substance abuse, shall
be integrated into existing curricula; and the State Board of
Education shall develop and make available to all elementary
and secondary schools in this State instructional materials
and guidelines which will assist the schools in incorporating
the instruction into their existing curricula. In addition,
school districts may offer, as part of existing curricula
during the school day or as part of an after school program,
support services and instruction for pupils or pupils whose
parent, parents, or guardians are chemically dependent.
(Source: P.A. 86-878; 86-941; 86-1028; 87-584; 87-1095.)
Section 10. The Juvenile Court Act of 1987 is amended by
changing Section 2-21 as follows:
(705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
(Text of Section before amendment by P.A. 89-704, 90-27,
and 90-28)
Sec. 2-21. Findings and adjudication.
(1) After hearing the evidence the court shall determine
whether or not the minor is abused, neglected, or dependent.
If it finds that the minor is not such a person, the court
shall order the petition dismissed and the minor discharged.
The court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the
factual basis supporting that determination.
If the court finds that the minor is abused, neglected,
or dependent, the court shall then determine and put in
writing the factual basis supporting the determination of
whether the abuse, neglect, or dependency is the result of
physical abuse to the minor inflicted by a parent, guardian,
or legal custodian. That finding shall appear in the order
of the court.
If the court determines that a person has inflicted
physical or sexual abuse upon a minor, the court shall report
that determination to the Department of State Police, which
shall include that information in its report to the President
of the school board for a school district that requests a
criminal background investigation of that person as required
under Section 10-21.9 or 34-18.5 of the School Code.
(2) If the court determines and puts in writing the
factual basis supporting the determination that the minor is
either abused or neglected or dependent, the court shall then
set a time not later than 30 days after the entry of the
finding for a dispositional hearing to be conducted under
Section 2-22 at which hearing the court shall determine
whether it is in the best interests of the minor and the
public that he be made a ward of the court. To assist the
court in making this and other determinations at the
dispositional hearing, the court may order that an
investigation be conducted and a dispositional report be
prepared concerning the minor's physical and mental history
and condition, family situation and background, economic
status, education, occupation, history of delinquency or
criminality, personal habits, and any other information that
may be helpful to the court. The dispositional hearing may
be continued once for a period not to exceed 30 days if the
court finds that such continuance is necessary to complete
the dispositional report.
(3) The time limits of this Section may be waived only
by consent of all parties and approval by the court, as
determined to be in the best interests of the minor.
(4) For all cases adjudicated prior to July 1, 1991, for
which no dispositional hearing has been held prior to that
date, a dispositional hearing under Section 2-22 shall be
held within 90 days of July 1, 1991.
(Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
12-2-94; 90-443, eff. 8-16-97.)
(Text of Section after amendment by P.A. 89-704, 90-27,
and 90-28)
Sec. 2-21. Findings and adjudication.
(1) The court shall state for the record the manner in
which the parties received service of process and shall note
whether the return or returns of service, postal return
receipt or receipts for notice by certified mail, or
certificate or certificates of publication have been filed in
the court record. The court shall enter any appropriate
orders of default against any parent who has been properly
served in any manner and fails to appear.
No further service of process as defined in Sections 2-15
and 2-16 is required in any subsequent proceeding for a
parent who was properly served in any manner, except as
required by Supreme Court Rule 11.
The caseworker shall testify about the diligent search
conducted for the parent.
After hearing the evidence the court shall determine
whether or not the minor is abused, neglected, or dependent.
If it finds that the minor is not such a person, the court
shall order the petition dismissed and the minor discharged.
The court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the
factual basis supporting that determination.
If the court finds that the minor is abused, neglected,
or dependent, the court shall then determine and put in
writing the factual basis supporting the determination of
whether the abuse, neglect, or dependency is the result of
physical abuse to the minor inflicted by a parent, guardian,
or legal custodian. That finding shall appear in the order
of the court.
If the court finds that the child has been abused,
neglected or dependent, the court shall admonish the parents
that they must cooperate with the Department of Children and
Family Services, comply with the terms of the service plan,
and correct the conditions that require the child to be in
care, or risk termination of parental rights.
If the court determines that a person has inflicted
physical or sexual abuse upon a minor, the court shall report
that determination to the Department of State Police, which
shall include that information in its report to the President
of the school board for a school district that requests a
criminal background investigation of that person as required
under Section 10-21.9 or 34-18.5 of the School Code.
(2) If the court determines and puts in writing the
factual basis supporting the determination that the minor is
either abused or neglected or dependent, the court shall then
set a time not later than 30 days after the entry of the
finding for a dispositional hearing to be conducted under
Section 2-22 at which hearing the court shall determine
whether it is consistent with the health, safety and best
interests of the minor and the public that he be made a ward
of the court. To assist the court in making this and other
determinations at the dispositional hearing, the court may
order that an investigation be conducted and a dispositional
report be prepared concerning the minor's physical and mental
history and condition, family situation and background,
economic status, education, occupation, history of
delinquency or criminality, personal habits, and any other
information that may be helpful to the court. The
dispositional hearing may be continued once for a period not
to exceed 30 days if the court finds that such continuance is
necessary to complete the dispositional report.
(3) The time limits of this Section may be waived only
by consent of all parties and approval by the court, as
determined to be consistent with the health, safety and best
interests of the minor.
(4) For all cases adjudicated prior to July 1, 1991, for
which no dispositional hearing has been held prior to that
date, a dispositional hearing under Section 2-22 shall be
held within 90 days of July 1, 1991.
(5) The court may terminate the parental rights of a
parent at the initial dispositional hearing if all of the
following conditions are met:
(i) the original or amended petition contains a
request for termination of parental rights and
appointment of a guardian with power to consent to
adoption; and
(ii) the court has found by a preponderance of
evidence, introduced or stipulated to at an adjudicatory
hearing, that the child comes under the jurisdiction of
the court as an abused, neglected, or dependent minor
under Section 2-18; and
(iii) the court finds, on the basis of clear and
convincing evidence admitted at the adjudicatory hearing
that the parent is an unfit person under subdivision D of
Section 1 of the Adoption Act; and
(iv) the court determines in accordance with the
rules of evidence for dispositional proceedings, that:
(A) it is in the best interest of the minor
and public that the child be made a ward of the
court;
(A-5) reasonable efforts under subsection
(l-1) of Section 5 of the Children and Family
Services Act are inappropriate or such efforts were
made and were unsuccessful; and
(B) termination of parental rights and
appointment of a guardian with power to consent to
adoption is in the best interest of the child
pursuant to Section 2-29.
(Source: P.A. 89-704, eff. 1-1-98; 90-27, eff. 1-1-98; 90-28,
eff. 1-1-98; 90-443, eff. 8-16-97.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.