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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 1. This Act may be referred to as the | ||||||
5 | Evidence-Based Funding for Student Success Act. | ||||||
6 | Section 5. The Economic Development Area Tax Increment | ||||||
7 | Allocation Act is amended by changing Section 7 as follows:
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8 | (20 ILCS 620/7) (from Ch. 67 1/2, par. 1007)
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9 | Sec. 7. Creation of special tax allocation fund. If a | ||||||
10 | municipality
has adopted tax increment allocation financing | ||||||
11 | for an economic development
project area by ordinance, the | ||||||
12 | county clerk has thereafter certified the "total
initial | ||||||
13 | equalized assessed value" of the taxable real property within | ||||||
14 | such
economic development project area in the manner provided | ||||||
15 | in Section 6 of this
Act, and the Department has approved and | ||||||
16 | certified the economic development
project area, each year | ||||||
17 | after the date of the certification by the county clerk
of the | ||||||
18 | "total initial equalized assessed value" until economic | ||||||
19 | development
project costs and all municipal obligations | ||||||
20 | financing economic development
project costs have been paid, | ||||||
21 | the ad valorem taxes, if any, arising from the
levies upon the | ||||||
22 | taxable real property in the economic development project area
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1 | by taxing districts and tax rates determined in the manner | ||||||
2 | provided in
subsection (b) of Section 6 of this Act shall be | ||||||
3 | divided as follows:
| ||||||
4 | (1) That portion of the taxes levied upon each taxable lot, | ||||||
5 | block, tract
or parcel of real property which is attributable | ||||||
6 | to the lower of the current
equalized assessed value or the | ||||||
7 | initial equalized assessed value of each such
taxable lot, | ||||||
8 | block, tract, or parcel of real property existing at the time | ||||||
9 | tax
increment allocation financing was adopted, shall be | ||||||
10 | allocated to and when
collected shall be paid by the county | ||||||
11 | collector to the respective affected
taxing districts in the | ||||||
12 | manner required by law in the absence of the adoption
of tax | ||||||
13 | increment allocation financing.
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14 | (2) That portion, if any, of those taxes which is | ||||||
15 | attributable to the
increase in the current equalized assessed | ||||||
16 | valuation of each taxable lot,
block, tract, or parcel of real | ||||||
17 | property in the economic development project
area, over and | ||||||
18 | above the initial equalized assessed value of each property
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19 | existing at the time tax increment allocation financing was | ||||||
20 | adopted,
shall be allocated to and when collected shall be paid | ||||||
21 | to the municipal
treasurer, who shall deposit those taxes into | ||||||
22 | a special fund called the special
tax allocation fund of the | ||||||
23 | municipality for the purpose of paying economic
development | ||||||
24 | project costs and obligations incurred in the payment thereof.
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25 | The municipality, by an ordinance adopting tax increment | ||||||
26 | allocation
financing, may pledge the funds in and to be |
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1 | deposited in the special tax
allocation fund for the payment of | ||||||
2 | obligations issued under this Act and for
the payment of | ||||||
3 | economic development project costs. No part of the current
| ||||||
4 | equalized assessed valuation of each property in the economic | ||||||
5 | development
project area attributable to any increase above the | ||||||
6 | total initial equalized
assessed value, of such properties | ||||||
7 | shall be used in calculating the general
State school aid | ||||||
8 | formula, provided for in Section 18-8 of the School Code, or | ||||||
9 | the evidence-based funding formula, provided for in Section | ||||||
10 | 18-8.15 of the School Code,
until such time as all economic | ||||||
11 | development projects costs have been paid as
provided for in | ||||||
12 | this Section.
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13 | When the economic development project costs, including | ||||||
14 | without
limitation all municipal obligations financing | ||||||
15 | economic development project
costs incurred under this Act, | ||||||
16 | have been paid, all surplus funds then
remaining in the special | ||||||
17 | tax allocation fund shall be distributed by being
paid by the | ||||||
18 | municipal treasurer to the county collector, who shall
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19 | immediately thereafter pay those funds to the taxing districts | ||||||
20 | having
taxable property in the economic development project | ||||||
21 | area in the same
manner and proportion as the most recent | ||||||
22 | distribution by the county
collector to those taxing districts | ||||||
23 | of real property taxes from real
property in the economic | ||||||
24 | development project area.
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25 | Upon the payment of all economic development project costs, | ||||||
26 | retirement of
obligations and the distribution of any excess |
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1 | monies pursuant to this
Section the municipality shall adopt an | ||||||
2 | ordinance dissolving the special
tax allocation fund for the | ||||||
3 | economic development project area,
terminating the economic | ||||||
4 | development project area, and terminating the use
of tax | ||||||
5 | increment allocation financing for the economic development | ||||||
6 | project
area. Thereafter the rates of the taxing districts | ||||||
7 | shall be extended and taxes
levied, collected and distributed | ||||||
8 | in the manner applicable in the absence of
the adoption of tax | ||||||
9 | increment allocation financing.
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10 | Nothing in this Section shall be construed as relieving | ||||||
11 | property in
economic development project areas from being | ||||||
12 | assessed as provided in the
Property Tax Code, or as relieving
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13 | owners of that property from paying a uniform rate of taxes, as | ||||||
14 | required by
Section 4 of Article IX of the Illinois | ||||||
15 | Constitution.
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16 | (Source: P.A. 98-463, eff. 8-16-13.)
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17 | Section 10. The State Finance Act is amended by changing | ||||||
18 | Section 13.2 as follows:
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19 | (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
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20 | Sec. 13.2. Transfers among line item appropriations. | ||||||
21 | (a) Transfers among line item appropriations from the same
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22 | treasury fund for the objects specified in this Section may be | ||||||
23 | made in
the manner provided in this Section when the balance | ||||||
24 | remaining in one or
more such line item appropriations is |
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1 | insufficient for the purpose for
which the appropriation was | ||||||
2 | made. | ||||||
3 | (a-1) No transfers may be made from one
agency to another | ||||||
4 | agency, nor may transfers be made from one institution
of | ||||||
5 | higher education to another institution of higher education | ||||||
6 | except as provided by subsection (a-4).
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7 | (a-2) Except as otherwise provided in this Section, | ||||||
8 | transfers may be made only among the objects of expenditure | ||||||
9 | enumerated
in this Section, except that no funds may be | ||||||
10 | transferred from any
appropriation for personal services, from | ||||||
11 | any appropriation for State
contributions to the State | ||||||
12 | Employees' Retirement System, from any
separate appropriation | ||||||
13 | for employee retirement contributions paid by the
employer, nor | ||||||
14 | from any appropriation for State contribution for
employee | ||||||
15 | group insurance. During State fiscal year 2005, an agency may | ||||||
16 | transfer amounts among its appropriations within the same | ||||||
17 | treasury fund for personal services, employee retirement | ||||||
18 | contributions paid by employer, and State Contributions to | ||||||
19 | retirement systems; notwithstanding and in addition to the | ||||||
20 | transfers authorized in subsection (c) of this Section, the | ||||||
21 | fiscal year 2005 transfers authorized in this sentence may be | ||||||
22 | made in an amount not to exceed 2% of the aggregate amount | ||||||
23 | appropriated to an agency within the same treasury fund. During | ||||||
24 | State fiscal year 2007, the Departments of Children and Family | ||||||
25 | Services, Corrections, Human Services, and Juvenile Justice | ||||||
26 | may transfer amounts among their respective appropriations |
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1 | within the same treasury fund for personal services, employee | ||||||
2 | retirement contributions paid by employer, and State | ||||||
3 | contributions to retirement systems. During State fiscal year | ||||||
4 | 2010, the Department of Transportation may transfer amounts | ||||||
5 | among their respective appropriations within the same treasury | ||||||
6 | fund for personal services, employee retirement contributions | ||||||
7 | paid by employer, and State contributions to retirement | ||||||
8 | systems. During State fiscal years 2010 and 2014 only, an | ||||||
9 | agency may transfer amounts among its respective | ||||||
10 | appropriations within the same treasury fund for personal | ||||||
11 | services, employee retirement contributions paid by employer, | ||||||
12 | and State contributions to retirement systems. | ||||||
13 | Notwithstanding, and in addition to, the transfers authorized | ||||||
14 | in subsection (c) of this Section, these transfers may be made | ||||||
15 | in an amount not to exceed 2% of the aggregate amount | ||||||
16 | appropriated to an agency within the same treasury fund.
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17 | (a-2.5) During State fiscal year 2015 only, the State's | ||||||
18 | Attorneys Appellate Prosecutor may transfer amounts among its | ||||||
19 | respective appropriations contained in operational line items | ||||||
20 | within the same treasury fund. Notwithstanding, and in addition | ||||||
21 | to, the transfers authorized in subsection (c) of this Section, | ||||||
22 | these transfers may be made in an amount not to exceed 4% of | ||||||
23 | the aggregate amount appropriated to the State's Attorneys | ||||||
24 | Appellate Prosecutor within the same treasury fund. | ||||||
25 | (a-3) Further, if an agency receives a separate
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26 | appropriation for employee retirement contributions paid by |
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1 | the employer,
any transfer by that agency into an appropriation | ||||||
2 | for personal services
must be accompanied by a corresponding | ||||||
3 | transfer into the appropriation for
employee retirement | ||||||
4 | contributions paid by the employer, in an amount
sufficient to | ||||||
5 | meet the employer share of the employee contributions
required | ||||||
6 | to be remitted to the retirement system. | ||||||
7 | (a-4) Long-Term Care Rebalancing. The Governor may | ||||||
8 | designate amounts set aside for institutional services | ||||||
9 | appropriated from the General Revenue Fund or any other State | ||||||
10 | fund that receives monies for long-term care services to be | ||||||
11 | transferred to all State agencies responsible for the | ||||||
12 | administration of community-based long-term care programs, | ||||||
13 | including, but not limited to, community-based long-term care | ||||||
14 | programs administered by the Department of Healthcare and | ||||||
15 | Family Services, the Department of Human Services, and the | ||||||
16 | Department on Aging, provided that the Director of Healthcare | ||||||
17 | and Family Services first certifies that the amounts being | ||||||
18 | transferred are necessary for the purpose of assisting persons | ||||||
19 | in or at risk of being in institutional care to transition to | ||||||
20 | community-based settings, including the financial data needed | ||||||
21 | to prove the need for the transfer of funds. The total amounts | ||||||
22 | transferred shall not exceed 4% in total of the amounts | ||||||
23 | appropriated from the General Revenue Fund or any other State | ||||||
24 | fund that receives monies for long-term care services for each | ||||||
25 | fiscal year. A notice of the fund transfer must be made to the | ||||||
26 | General Assembly and posted at a minimum on the Department of |
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1 | Healthcare and Family Services website, the Governor's Office | ||||||
2 | of Management and Budget website, and any other website the | ||||||
3 | Governor sees fit. These postings shall serve as notice to the | ||||||
4 | General Assembly of the amounts to be transferred. Notice shall | ||||||
5 | be given at least 30 days prior to transfer. | ||||||
6 | (b) In addition to the general transfer authority provided | ||||||
7 | under
subsection (c), the following agencies have the specific | ||||||
8 | transfer authority
granted in this subsection: | ||||||
9 | The Department of Healthcare and Family Services is | ||||||
10 | authorized to make transfers
representing savings attributable | ||||||
11 | to not increasing grants due to the
births of additional | ||||||
12 | children from line items for payments of cash grants to
line | ||||||
13 | items for payments for employment and social services for the | ||||||
14 | purposes
outlined in subsection (f) of Section 4-2 of the | ||||||
15 | Illinois Public Aid Code. | ||||||
16 | The Department of Children and Family Services is | ||||||
17 | authorized to make
transfers not exceeding 2% of the aggregate | ||||||
18 | amount appropriated to it within
the same treasury fund for the | ||||||
19 | following line items among these same line
items: Foster Home | ||||||
20 | and Specialized Foster Care and Prevention, Institutions
and | ||||||
21 | Group Homes and Prevention, and Purchase of Adoption and | ||||||
22 | Guardianship
Services. | ||||||
23 | The Department on Aging is authorized to make transfers not
| ||||||
24 | exceeding 2% of the aggregate amount appropriated to it within | ||||||
25 | the same
treasury fund for the following Community Care Program | ||||||
26 | line items among these
same line items: purchase of services |
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1 | covered by the Community Care Program and Comprehensive Case | ||||||
2 | Coordination. | ||||||
3 | The State Treasurer is authorized to make transfers among | ||||||
4 | line item
appropriations
from the Capital Litigation Trust | ||||||
5 | Fund, with respect to costs incurred in
fiscal years 2002 and | ||||||
6 | 2003 only, when the balance remaining in one or
more such
line | ||||||
7 | item appropriations is insufficient for the purpose for which | ||||||
8 | the
appropriation was
made, provided that no such transfer may | ||||||
9 | be made unless the amount transferred
is no
longer required for | ||||||
10 | the purpose for which that appropriation was made. | ||||||
11 | The State Board of Education is authorized to make | ||||||
12 | transfers from line item appropriations within the same | ||||||
13 | treasury fund for General State Aid , and General State Aid - | ||||||
14 | Hold Harmless, Evidence-Based Funding, provided that no such | ||||||
15 | transfer may be made unless the amount transferred is no longer | ||||||
16 | required for the purpose for which that appropriation was made, | ||||||
17 | to the line item appropriation for Transitional Assistance when | ||||||
18 | the balance remaining in such line item appropriation is | ||||||
19 | insufficient for the purpose for which the appropriation was | ||||||
20 | made. | ||||||
21 | The State Board of Education is authorized to make | ||||||
22 | transfers between the following line item appropriations | ||||||
23 | within the same treasury fund: Disabled Student | ||||||
24 | Services/Materials (Section 14-13.01 of the School Code), | ||||||
25 | Disabled Student Transportation Reimbursement (Section | ||||||
26 | 14-13.01 of the School Code), Disabled Student Tuition - |
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1 | Private Tuition (Section 14-7.02 of the School Code), | ||||||
2 | Extraordinary Special Education (Section 14-7.02b of the | ||||||
3 | School Code), Reimbursement for Free Lunch/Breakfast Program, | ||||||
4 | Summer School Payments (Section 18-4.3 of the School Code), and | ||||||
5 | Transportation - Regular/Vocational Reimbursement (Section | ||||||
6 | 29-5 of the School Code). Such transfers shall be made only | ||||||
7 | when the balance remaining in one or more such line item | ||||||
8 | appropriations is insufficient for the purpose for which the | ||||||
9 | appropriation was made and provided that no such transfer may | ||||||
10 | be made unless the amount transferred is no longer required for | ||||||
11 | the purpose for which that appropriation was made. | ||||||
12 | The Department of Healthcare and Family Services is | ||||||
13 | authorized to make transfers not exceeding 4% of the aggregate | ||||||
14 | amount appropriated to it, within the same treasury fund, among | ||||||
15 | the various line items appropriated for Medical Assistance. | ||||||
16 | (c) The sum of such transfers for an agency in a fiscal | ||||||
17 | year shall not
exceed 2% of the aggregate amount appropriated | ||||||
18 | to it within the same treasury
fund for the following objects: | ||||||
19 | Personal Services; Extra Help; Student and
Inmate | ||||||
20 | Compensation; State Contributions to Retirement Systems; State
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21 | Contributions to Social Security; State Contribution for | ||||||
22 | Employee Group
Insurance; Contractual Services; Travel; | ||||||
23 | Commodities; Printing; Equipment;
Electronic Data Processing; | ||||||
24 | Operation of Automotive Equipment;
Telecommunications | ||||||
25 | Services; Travel and Allowance for Committed, Paroled
and | ||||||
26 | Discharged Prisoners; Library Books; Federal Matching Grants |
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1 | for
Student Loans; Refunds; Workers' Compensation, | ||||||
2 | Occupational Disease, and
Tort Claims; and, in appropriations | ||||||
3 | to institutions of higher education,
Awards and Grants. | ||||||
4 | Notwithstanding the above, any amounts appropriated for
| ||||||
5 | payment of workers' compensation claims to an agency to which | ||||||
6 | the authority
to evaluate, administer and pay such claims has | ||||||
7 | been delegated by the
Department of Central Management Services | ||||||
8 | may be transferred to any other
expenditure object where such | ||||||
9 | amounts exceed the amount necessary for the
payment of such | ||||||
10 | claims. | ||||||
11 | (c-1) Special provisions for State fiscal year 2003. | ||||||
12 | Notwithstanding any
other provision of this Section to the | ||||||
13 | contrary, for State fiscal year 2003
only, transfers among line | ||||||
14 | item appropriations to an agency from the same
treasury fund | ||||||
15 | may be made provided that the sum of such transfers for an | ||||||
16 | agency
in State fiscal year 2003 shall not exceed 3% of the | ||||||
17 | aggregate amount
appropriated to that State agency for State | ||||||
18 | fiscal year 2003 for the following
objects: personal services, | ||||||
19 | except that no transfer may be approved which
reduces the | ||||||
20 | aggregate appropriations for personal services within an | ||||||
21 | agency;
extra help; student and inmate compensation; State
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22 | contributions to retirement systems; State contributions to | ||||||
23 | social security;
State contributions for employee group | ||||||
24 | insurance; contractual services; travel;
commodities; | ||||||
25 | printing; equipment; electronic data processing; operation of
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26 | automotive equipment; telecommunications services; travel and |
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1 | allowance for
committed, paroled, and discharged prisoners; | ||||||
2 | library books; federal matching
grants for student loans; | ||||||
3 | refunds; workers' compensation, occupational disease,
and tort | ||||||
4 | claims; and, in appropriations to institutions of higher | ||||||
5 | education,
awards and grants. | ||||||
6 | (c-2) Special provisions for State fiscal year 2005. | ||||||
7 | Notwithstanding subsections (a), (a-2), and (c), for State | ||||||
8 | fiscal year 2005 only, transfers may be made among any line | ||||||
9 | item appropriations from the same or any other treasury fund | ||||||
10 | for any objects or purposes, without limitation, when the | ||||||
11 | balance remaining in one or more such line item appropriations | ||||||
12 | is insufficient for the purpose for which the appropriation was | ||||||
13 | made, provided that the sum of those transfers by a State | ||||||
14 | agency shall not exceed 4% of the aggregate amount appropriated | ||||||
15 | to that State agency for fiscal year 2005.
| ||||||
16 | (c-3) Special provisions for State fiscal year 2015. | ||||||
17 | Notwithstanding any other provision of this Section, for State | ||||||
18 | fiscal year 2015, transfers among line item appropriations to a | ||||||
19 | State agency from the same State treasury fund may be made for | ||||||
20 | operational or lump sum expenses only, provided that the sum of | ||||||
21 | such transfers for a State agency in State fiscal year 2015 | ||||||
22 | shall not exceed 4% of the aggregate amount appropriated to | ||||||
23 | that State agency for operational or lump sum expenses for | ||||||
24 | State fiscal year 2015. For the purpose of this subsection, | ||||||
25 | "operational or lump sum expenses" includes the following | ||||||
26 | objects: personal services; extra help; student and inmate |
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1 | compensation; State contributions to retirement systems; State | ||||||
2 | contributions to social security; State contributions for | ||||||
3 | employee group insurance; contractual services; travel; | ||||||
4 | commodities; printing; equipment; electronic data processing; | ||||||
5 | operation of automotive equipment; telecommunications | ||||||
6 | services; travel and allowance for committed, paroled, and | ||||||
7 | discharged prisoners; library books; federal matching grants | ||||||
8 | for student loans; refunds; workers' compensation, | ||||||
9 | occupational disease, and tort claims; lump sum and other | ||||||
10 | purposes; and lump sum operations. For the purpose of this | ||||||
11 | subsection (c-3), "State agency" does not include the Attorney | ||||||
12 | General, the Secretary of State, the Comptroller, the | ||||||
13 | Treasurer, or the legislative or judicial branches. | ||||||
14 | (d) Transfers among appropriations made to agencies of the | ||||||
15 | Legislative
and Judicial departments and to the | ||||||
16 | constitutionally elected officers in the
Executive branch | ||||||
17 | require the approval of the officer authorized in Section 10
of | ||||||
18 | this Act to approve and certify vouchers. Transfers among | ||||||
19 | appropriations
made to the University of Illinois, Southern | ||||||
20 | Illinois University, Chicago State
University, Eastern | ||||||
21 | Illinois University, Governors State University, Illinois
| ||||||
22 | State University, Northeastern Illinois University, Northern | ||||||
23 | Illinois
University, Western Illinois University, the Illinois | ||||||
24 | Mathematics and Science
Academy and the Board of Higher | ||||||
25 | Education require the approval of the Board of
Higher Education | ||||||
26 | and the Governor. Transfers among appropriations to all other
|
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| |||||||
1 | agencies require the approval of the Governor. | ||||||
2 | The officer responsible for approval shall certify that the
| ||||||
3 | transfer is necessary to carry out the programs and purposes | ||||||
4 | for which
the appropriations were made by the General Assembly | ||||||
5 | and shall transmit
to the State Comptroller a certified copy of | ||||||
6 | the approval which shall
set forth the specific amounts | ||||||
7 | transferred so that the Comptroller may
change his records | ||||||
8 | accordingly. The Comptroller shall furnish the
Governor with | ||||||
9 | information copies of all transfers approved for agencies
of | ||||||
10 | the Legislative and Judicial departments and transfers | ||||||
11 | approved by
the constitutionally elected officials of the | ||||||
12 | Executive branch other
than the Governor, showing the amounts | ||||||
13 | transferred and indicating the
dates such changes were entered | ||||||
14 | on the Comptroller's records. | ||||||
15 | (e) The State Board of Education, in consultation with the | ||||||
16 | State Comptroller, may transfer line item appropriations for | ||||||
17 | General State Aid or Evidence-Based Funding between the Common | ||||||
18 | School Fund and the Education Assistance Fund. With the advice | ||||||
19 | and consent of the Governor's Office of Management and Budget, | ||||||
20 | the State Board of Education, in consultation with the State | ||||||
21 | Comptroller, may transfer line item appropriations between the | ||||||
22 | General Revenue Fund and the Education Assistance Fund for the | ||||||
23 | following programs: | ||||||
24 | (1) Disabled Student Personnel Reimbursement (Section | ||||||
25 | 14-13.01 of the School Code); | ||||||
26 | (2) Disabled Student Transportation Reimbursement |
| |||||||
| |||||||
1 | (subsection (b) of Section 14-13.01 of the School Code); | ||||||
2 | (3) Disabled Student Tuition - Private Tuition | ||||||
3 | (Section 14-7.02 of the School Code); | ||||||
4 | (4) Extraordinary Special Education (Section 14-7.02b | ||||||
5 | of the School Code); | ||||||
6 | (5) Reimbursement for Free Lunch/Breakfast Programs; | ||||||
7 | (6) Summer School Payments (Section 18-4.3 of the | ||||||
8 | School Code); | ||||||
9 | (7) Transportation - Regular/Vocational Reimbursement | ||||||
10 | (Section 29-5 of the School Code); | ||||||
11 | (8) Regular Education Reimbursement (Section 18-3 of | ||||||
12 | the School Code); and | ||||||
13 | (9) Special Education Reimbursement (Section 14-7.03 | ||||||
14 | of the School Code). | ||||||
15 | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-2, | ||||||
16 | eff. 3-26-15.)
| ||||||
17 | Section 15. The Property Tax Code is amended by changing | ||||||
18 | Sections 18-200 and 18-249 as follows:
| ||||||
19 | (35 ILCS 200/18-200)
| ||||||
20 | Sec. 18-200. School Code. A school district's State aid | ||||||
21 | shall not be
reduced under the computation under subsections | ||||||
22 | 5(a) through 5(h) of Part A of
Section 18-8 of the School Code | ||||||
23 | or under Section 18-8.15 of the School Code due to the | ||||||
24 | operating tax rate falling from
above the minimum requirement |
| |||||||
| |||||||
1 | of that Section of the School Code to below the
minimum | ||||||
2 | requirement of that Section of the School Code due to the | ||||||
3 | operation of
this Law.
| ||||||
4 | (Source: P.A. 87-17; 88-455.)
| ||||||
5 | (35 ILCS 200/18-249)
| ||||||
6 | Sec. 18-249. Miscellaneous provisions.
| ||||||
7 | (a) Certification of new property. For the 1994 levy year, | ||||||
8 | the chief county
assessment officer shall certify to the county | ||||||
9 | clerk, after all changes by the
board of review or board of | ||||||
10 | appeals, as the case may be, the assessed value of
new property | ||||||
11 | by taxing district for the 1994 levy year under rules | ||||||
12 | promulgated
by the Department.
| ||||||
13 | (b) School Code. A school district's State aid shall not be | ||||||
14 | reduced under
the computation under subsections 5(a) through | ||||||
15 | 5(h) of Part A of Section 18-8
of the School Code or under | ||||||
16 | Section 18-8.15 of the School Code due to the
operating tax | ||||||
17 | rate falling from above the minimum requirement of that Section
| ||||||
18 | of the School Code to below the minimum requirement of that | ||||||
19 | Section of the
School Code due to the operation of this Law.
| ||||||
20 | (c) Rules. The Department shall make and promulgate | ||||||
21 | reasonable rules
relating to the administration of the purposes | ||||||
22 | and provisions of Sections
18-246 through 18-249 as may be | ||||||
23 | necessary or appropriate.
| ||||||
24 | (Source: P.A. 89-1, eff. 2-12-95.)
|
| |||||||
| |||||||
1 | Section 17. The Illinois Pension Code is amended by | ||||||
2 | changing Sections 16-158 and 17-127 as follows:
| ||||||
3 | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
| ||||||
4 | (Text of Section WITHOUT the changes made by P.A. 98-599, | ||||||
5 | which has been held unconstitutional)
| ||||||
6 | Sec. 16-158. Contributions by State and other employing | ||||||
7 | units.
| ||||||
8 | (a) The State shall make contributions to the System by | ||||||
9 | means of
appropriations from the Common School Fund and other | ||||||
10 | State funds of amounts
which, together with other employer | ||||||
11 | contributions, employee contributions,
investment income, and | ||||||
12 | other income, will be sufficient to meet the cost of
| ||||||
13 | maintaining and administering the System on a 90% funded basis | ||||||
14 | in accordance
with actuarial recommendations.
| ||||||
15 | The Board shall determine the amount of State contributions | ||||||
16 | required for
each fiscal year on the basis of the actuarial | ||||||
17 | tables and other assumptions
adopted by the Board and the | ||||||
18 | recommendations of the actuary, using the formula
in subsection | ||||||
19 | (b-3).
| ||||||
20 | (a-1) Annually, on or before November 15 until November 15, | ||||||
21 | 2011, the Board shall certify to the
Governor the amount of the | ||||||
22 | required State contribution for the coming fiscal
year. The | ||||||
23 | certification under this subsection (a-1) shall include a copy | ||||||
24 | of the actuarial recommendations
upon which it is based and | ||||||
25 | shall specifically identify the System's projected State |
| |||||||
| |||||||
1 | normal cost for that fiscal year.
| ||||||
2 | On or before May 1, 2004, the Board shall recalculate and | ||||||
3 | recertify to
the Governor the amount of the required State | ||||||
4 | contribution to the System for
State fiscal year 2005, taking | ||||||
5 | into account the amounts appropriated to and
received by the | ||||||
6 | System under subsection (d) of Section 7.2 of the General
| ||||||
7 | Obligation Bond Act.
| ||||||
8 | On or before July 1, 2005, the Board shall recalculate and | ||||||
9 | recertify
to the Governor the amount of the required State
| ||||||
10 | contribution to the System for State fiscal year 2006, taking | ||||||
11 | into account the changes in required State contributions made | ||||||
12 | by this amendatory Act of the 94th General Assembly.
| ||||||
13 | On or before April 1, 2011, the Board shall recalculate and | ||||||
14 | recertify to the Governor the amount of the required State | ||||||
15 | contribution to the System for State fiscal year 2011, applying | ||||||
16 | the changes made by Public Act 96-889 to the System's assets | ||||||
17 | and liabilities as of June 30, 2009 as though Public Act 96-889 | ||||||
18 | was approved on that date. | ||||||
19 | (a-5) On or before November 1 of each year, beginning | ||||||
20 | November 1, 2012, the Board shall submit to the State Actuary, | ||||||
21 | the Governor, and the General Assembly a proposed certification | ||||||
22 | of the amount of the required State contribution to the System | ||||||
23 | for the next fiscal year, along with all of the actuarial | ||||||
24 | assumptions, calculations, and data upon which that proposed | ||||||
25 | certification is based. On or before January 1 of each year, | ||||||
26 | beginning January 1, 2013, the State Actuary shall issue a |
| |||||||
| |||||||
1 | preliminary report concerning the proposed certification and | ||||||
2 | identifying, if necessary, recommended changes in actuarial | ||||||
3 | assumptions that the Board must consider before finalizing its | ||||||
4 | certification of the required State contributions. On or before | ||||||
5 | January 15, 2013 and each January 15 thereafter, the Board | ||||||
6 | shall certify to the Governor and the General Assembly the | ||||||
7 | amount of the required State contribution for the next fiscal | ||||||
8 | year. The Board's certification must note any deviations from | ||||||
9 | the State Actuary's recommended changes, the reason or reasons | ||||||
10 | for not following the State Actuary's recommended changes, and | ||||||
11 | the fiscal impact of not following the State Actuary's | ||||||
12 | recommended changes on the required State contribution. | ||||||
13 | (b) Through State fiscal year 1995, the State contributions | ||||||
14 | shall be
paid to the System in accordance with Section 18-7 of | ||||||
15 | the School Code.
| ||||||
16 | (b-1) Beginning in State fiscal year 1996, on the 15th day | ||||||
17 | of each month,
or as soon thereafter as may be practicable, the | ||||||
18 | Board shall submit vouchers
for payment of State contributions | ||||||
19 | to the System, in a total monthly amount of
one-twelfth of the | ||||||
20 | required annual State contribution certified under
subsection | ||||||
21 | (a-1).
From the
effective date of this amendatory Act of the | ||||||
22 | 93rd General Assembly
through June 30, 2004, the Board shall | ||||||
23 | not submit vouchers for the
remainder of fiscal year 2004 in | ||||||
24 | excess of the fiscal year 2004
certified contribution amount | ||||||
25 | determined under this Section
after taking into consideration | ||||||
26 | the transfer to the System
under subsection (a) of Section |
| |||||||
| |||||||
1 | 6z-61 of the State Finance Act.
These vouchers shall be paid by | ||||||
2 | the State Comptroller and
Treasurer by warrants drawn on the | ||||||
3 | funds appropriated to the System for that
fiscal year.
| ||||||
4 | If in any month the amount remaining unexpended from all | ||||||
5 | other appropriations
to the System for the applicable fiscal | ||||||
6 | year (including the appropriations to
the System under Section | ||||||
7 | 8.12 of the State Finance Act and Section 1 of the
State | ||||||
8 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
9 | amount
lawfully vouchered under this subsection, the | ||||||
10 | difference shall be paid from the
Common School Fund under the | ||||||
11 | continuing appropriation authority provided in
Section 1.1 of | ||||||
12 | the State Pension Funds Continuing Appropriation Act.
| ||||||
13 | (b-2) Allocations from the Common School Fund apportioned | ||||||
14 | to school
districts not coming under this System shall not be | ||||||
15 | diminished or affected by
the provisions of this Article.
| ||||||
16 | (b-3) For State fiscal years 2012 through 2045, the minimum | ||||||
17 | contribution
to the System to be made by the State for each | ||||||
18 | fiscal year shall be an amount
determined by the System to be | ||||||
19 | sufficient to bring the total assets of the
System up to 90% of | ||||||
20 | the total actuarial liabilities of the System by the end of
| ||||||
21 | State fiscal year 2045. In making these determinations, the | ||||||
22 | required State
contribution shall be calculated each year as a | ||||||
23 | level percentage of payroll
over the years remaining to and | ||||||
24 | including fiscal year 2045 and shall be
determined under the | ||||||
25 | projected unit credit actuarial cost method.
| ||||||
26 | For State fiscal years 1996 through 2005, the State |
| |||||||
| |||||||
1 | contribution to the
System, as a percentage of the applicable | ||||||
2 | employee payroll, shall be increased
in equal annual increments | ||||||
3 | so that by State fiscal year 2011, the State is
contributing at | ||||||
4 | the rate required under this Section; except that in the
| ||||||
5 | following specified State fiscal years, the State contribution | ||||||
6 | to the System
shall not be less than the following indicated | ||||||
7 | percentages of the applicable
employee payroll, even if the | ||||||
8 | indicated percentage will produce a State
contribution in | ||||||
9 | excess of the amount otherwise required under this subsection
| ||||||
10 | and subsection (a), and notwithstanding any contrary | ||||||
11 | certification made under
subsection (a-1) before the effective | ||||||
12 | date of this amendatory Act of 1998:
10.02% in FY 1999;
10.77% | ||||||
13 | in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% in FY | ||||||
14 | 2003; and
13.56% in FY 2004.
| ||||||
15 | Notwithstanding any other provision of this Article, the | ||||||
16 | total required State
contribution for State fiscal year 2006 is | ||||||
17 | $534,627,700.
| ||||||
18 | Notwithstanding any other provision of this Article, the | ||||||
19 | total required State
contribution for State fiscal year 2007 is | ||||||
20 | $738,014,500.
| ||||||
21 | For each of State fiscal years 2008 through 2009, the State | ||||||
22 | contribution to
the System, as a percentage of the applicable | ||||||
23 | employee payroll, shall be
increased in equal annual increments | ||||||
24 | from the required State contribution for State fiscal year | ||||||
25 | 2007, so that by State fiscal year 2011, the
State is | ||||||
26 | contributing at the rate otherwise required under this Section.
|
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Article, the | ||||||
2 | total required State contribution for State fiscal year 2010 is | ||||||
3 | $2,089,268,000 and shall be made from the proceeds of bonds | ||||||
4 | sold in fiscal year 2010 pursuant to Section 7.2 of the General | ||||||
5 | Obligation Bond Act, less (i) the pro rata share of bond sale | ||||||
6 | expenses determined by the System's share of total bond | ||||||
7 | proceeds, (ii) any amounts received from the Common School Fund | ||||||
8 | in fiscal year 2010, and (iii) any reduction in bond proceeds | ||||||
9 | due to the issuance of discounted bonds, if applicable. | ||||||
10 | Notwithstanding any other provision of this Article, the
| ||||||
11 | total required State contribution for State fiscal year 2011 is
| ||||||
12 | the amount recertified by the System on or before April 1, 2011 | ||||||
13 | pursuant to subsection (a-1) of this Section and shall be made | ||||||
14 | from the proceeds of bonds
sold in fiscal year 2011 pursuant to | ||||||
15 | Section 7.2 of the General
Obligation Bond Act, less (i) the | ||||||
16 | pro rata share of bond sale
expenses determined by the System's | ||||||
17 | share of total bond
proceeds, (ii) any amounts received from | ||||||
18 | the Common School Fund
in fiscal year 2011, and (iii) any | ||||||
19 | reduction in bond proceeds
due to the issuance of discounted | ||||||
20 | bonds, if applicable. This amount shall include, in addition to | ||||||
21 | the amount certified by the System, an amount necessary to meet | ||||||
22 | employer contributions required by the State as an employer | ||||||
23 | under paragraph (e) of this Section, which may also be used by | ||||||
24 | the System for contributions required by paragraph (a) of | ||||||
25 | Section 16-127. | ||||||
26 | Beginning in State fiscal year 2046, the minimum State |
| |||||||
| |||||||
1 | contribution for
each fiscal year shall be the amount needed to | ||||||
2 | maintain the total assets of
the System at 90% of the total | ||||||
3 | actuarial liabilities of the System.
| ||||||
4 | Amounts received by the System pursuant to Section 25 of | ||||||
5 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
6 | Finance Act in any fiscal year do not reduce and do not | ||||||
7 | constitute payment of any portion of the minimum State | ||||||
8 | contribution required under this Article in that fiscal year. | ||||||
9 | Such amounts shall not reduce, and shall not be included in the | ||||||
10 | calculation of, the required State contributions under this | ||||||
11 | Article in any future year until the System has reached a | ||||||
12 | funding ratio of at least 90%. A reference in this Article to | ||||||
13 | the "required State contribution" or any substantially similar | ||||||
14 | term does not include or apply to any amounts payable to the | ||||||
15 | System under Section 25 of the Budget Stabilization Act. | ||||||
16 | Notwithstanding any other provision of this Section, the | ||||||
17 | required State
contribution for State fiscal year 2005 and for | ||||||
18 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
19 | under this Section and
certified under subsection (a-1), shall | ||||||
20 | not exceed an amount equal to (i) the
amount of the required | ||||||
21 | State contribution that would have been calculated under
this | ||||||
22 | Section for that fiscal year if the System had not received any | ||||||
23 | payments
under subsection (d) of Section 7.2 of the General | ||||||
24 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
25 | total debt service payments for that fiscal
year on the bonds | ||||||
26 | issued in fiscal year 2003 for the purposes of that Section |
| |||||||
| |||||||
1 | 7.2, as determined
and certified by the Comptroller, that is | ||||||
2 | the same as the System's portion of
the total moneys | ||||||
3 | distributed under subsection (d) of Section 7.2 of the General
| ||||||
4 | Obligation Bond Act. In determining this maximum for State | ||||||
5 | fiscal years 2008 through 2010, however, the amount referred to | ||||||
6 | in item (i) shall be increased, as a percentage of the | ||||||
7 | applicable employee payroll, in equal increments calculated | ||||||
8 | from the sum of the required State contribution for State | ||||||
9 | fiscal year 2007 plus the applicable portion of the State's | ||||||
10 | total debt service payments for fiscal year 2007 on the bonds | ||||||
11 | issued in fiscal year 2003 for the purposes of Section 7.2 of | ||||||
12 | the General
Obligation Bond Act, so that, by State fiscal year | ||||||
13 | 2011, the
State is contributing at the rate otherwise required | ||||||
14 | under this Section.
| ||||||
15 | (c) Payment of the required State contributions and of all | ||||||
16 | pensions,
retirement annuities, death benefits, refunds, and | ||||||
17 | other benefits granted
under or assumed by this System, and all | ||||||
18 | expenses in connection with the
administration and operation | ||||||
19 | thereof, are obligations of the State.
| ||||||
20 | If members are paid from special trust or federal funds | ||||||
21 | which are
administered by the employing unit, whether school | ||||||
22 | district or other
unit, the employing unit shall pay to the | ||||||
23 | System from such
funds the full accruing retirement costs based | ||||||
24 | upon that
service, which, beginning July 1, 2018 2014 , shall be | ||||||
25 | at a rate, expressed as a percentage of salary, equal to the | ||||||
26 | total employer's minimum contribution
to the System to be made |
| |||||||
| |||||||
1 | by the State for that fiscal year, including both normal cost | ||||||
2 | and unfunded liability components , expressed as a percentage of | ||||||
3 | payroll, as determined by the System under subsection (b-3) of | ||||||
4 | this Section . Employer contributions, based on
salary paid to | ||||||
5 | members from federal funds, may be forwarded by the | ||||||
6 | distributing
agency of the State of Illinois to the System | ||||||
7 | prior to allocation, in an
amount determined in accordance with | ||||||
8 | guidelines established by such
agency and the System. Any | ||||||
9 | contribution for fiscal year 2015 collected as a result of the | ||||||
10 | change made by this amendatory Act of the 98th General Assembly | ||||||
11 | shall be considered a State contribution under subsection (b-3) | ||||||
12 | of this Section.
| ||||||
13 | (d) Effective July 1, 1986, any employer of a teacher as | ||||||
14 | defined in
paragraph (8) of Section 16-106 shall pay the | ||||||
15 | employer's normal cost
of benefits based upon the teacher's | ||||||
16 | service, in addition to
employee contributions, as determined | ||||||
17 | by the System. Such employer
contributions shall be forwarded | ||||||
18 | monthly in accordance with guidelines
established by the | ||||||
19 | System.
| ||||||
20 | However, with respect to benefits granted under Section | ||||||
21 | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) | ||||||
22 | of Section 16-106, the
employer's contribution shall be 12% | ||||||
23 | (rather than 20%) of the member's
highest annual salary rate | ||||||
24 | for each year of creditable service granted, and
the employer | ||||||
25 | shall also pay the required employee contribution on behalf of
| ||||||
26 | the teacher. For the purposes of Sections 16-133.4 and |
| |||||||
| |||||||
1 | 16-133.5, a teacher
as defined in paragraph (8) of Section | ||||||
2 | 16-106 who is serving in that capacity
while on leave of | ||||||
3 | absence from another employer under this Article shall not
be | ||||||
4 | considered an employee of the employer from which the teacher | ||||||
5 | is on leave.
| ||||||
6 | (e) Beginning July 1, 1998, every employer of a teacher
| ||||||
7 | shall pay to the System an employer contribution computed as | ||||||
8 | follows:
| ||||||
9 | (1) Beginning July 1, 1998 through June 30, 1999, the | ||||||
10 | employer
contribution shall be equal to 0.3% of each | ||||||
11 | teacher's salary.
| ||||||
12 | (2) Beginning July 1, 1999 and thereafter, the employer
| ||||||
13 | contribution shall be equal to 0.58% of each teacher's | ||||||
14 | salary.
| ||||||
15 | The school district or other employing unit may pay these | ||||||
16 | employer
contributions out of any source of funding available | ||||||
17 | for that purpose and
shall forward the contributions to the | ||||||
18 | System on the schedule established
for the payment of member | ||||||
19 | contributions.
| ||||||
20 | These employer contributions are intended to offset a | ||||||
21 | portion of the cost
to the System of the increases in | ||||||
22 | retirement benefits resulting from this
amendatory Act of 1998.
| ||||||
23 | Each employer of teachers is entitled to a credit against | ||||||
24 | the contributions
required under this subsection (e) with | ||||||
25 | respect to salaries paid to teachers
for the period January 1, | ||||||
26 | 2002 through June 30, 2003, equal to the amount paid
by that |
| |||||||
| |||||||
1 | employer under subsection (a-5) of Section 6.6 of the State | ||||||
2 | Employees
Group Insurance Act of 1971 with respect to salaries | ||||||
3 | paid to teachers for that
period.
| ||||||
4 | The additional 1% employee contribution required under | ||||||
5 | Section 16-152 by
this amendatory Act of 1998 is the | ||||||
6 | responsibility of the teacher and not the
teacher's employer, | ||||||
7 | unless the employer agrees, through collective bargaining
or | ||||||
8 | otherwise, to make the contribution on behalf of the teacher.
| ||||||
9 | If an employer is required by a contract in effect on May | ||||||
10 | 1, 1998 between the
employer and an employee organization to | ||||||
11 | pay, on behalf of all its full-time
employees
covered by this | ||||||
12 | Article, all mandatory employee contributions required under
| ||||||
13 | this Article, then the employer shall be excused from paying | ||||||
14 | the employer
contribution required under this subsection (e) | ||||||
15 | for the balance of the term
of that contract. The employer and | ||||||
16 | the employee organization shall jointly
certify to the System | ||||||
17 | the existence of the contractual requirement, in such
form as | ||||||
18 | the System may prescribe. This exclusion shall cease upon the
| ||||||
19 | termination, extension, or renewal of the contract at any time | ||||||
20 | after May 1,
1998.
| ||||||
21 | (f) If the amount of a teacher's salary for any school year | ||||||
22 | used to determine final average salary exceeds the member's | ||||||
23 | annual full-time salary rate with the same employer for the | ||||||
24 | previous school year by more than 6%, the teacher's employer | ||||||
25 | shall pay to the System, in addition to all other payments | ||||||
26 | required under this Section and in accordance with guidelines |
| |||||||
| |||||||
1 | established by the System, the present value of the increase in | ||||||
2 | benefits resulting from the portion of the increase in salary | ||||||
3 | that is in excess of 6%. This present value shall be computed | ||||||
4 | by the System on the basis of the actuarial assumptions and | ||||||
5 | tables used in the most recent actuarial valuation of the | ||||||
6 | System that is available at the time of the computation. If a | ||||||
7 | teacher's salary for the 2005-2006 school year is used to | ||||||
8 | determine final average salary under this subsection (f), then | ||||||
9 | the changes made to this subsection (f) by Public Act 94-1057 | ||||||
10 | shall apply in calculating whether the increase in his or her | ||||||
11 | salary is in excess of 6%. For the purposes of this Section, | ||||||
12 | change in employment under Section 10-21.12 of the School Code | ||||||
13 | on or after June 1, 2005 shall constitute a change in employer. | ||||||
14 | The System may require the employer to provide any pertinent | ||||||
15 | information or documentation.
The changes made to this | ||||||
16 | subsection (f) by this amendatory Act of the 94th General | ||||||
17 | Assembly apply without regard to whether the teacher was in | ||||||
18 | service on or after its effective date.
| ||||||
19 | Whenever it determines that a payment is or may be required | ||||||
20 | under this subsection, the System shall calculate the amount of | ||||||
21 | the payment and bill the employer for that amount. The bill | ||||||
22 | shall specify the calculations used to determine the amount | ||||||
23 | due. If the employer disputes the amount of the bill, it may, | ||||||
24 | within 30 days after receipt of the bill, apply to the System | ||||||
25 | in writing for a recalculation. The application must specify in | ||||||
26 | detail the grounds of the dispute and, if the employer asserts |
| |||||||
| |||||||
1 | that the calculation is subject to subsection (g) or (h) of | ||||||
2 | this Section, must include an affidavit setting forth and | ||||||
3 | attesting to all facts within the employer's knowledge that are | ||||||
4 | pertinent to the applicability of that subsection. Upon | ||||||
5 | receiving a timely application for recalculation, the System | ||||||
6 | shall review the application and, if appropriate, recalculate | ||||||
7 | the amount due.
| ||||||
8 | The employer contributions required under this subsection | ||||||
9 | (f) may be paid in the form of a lump sum within 90 days after | ||||||
10 | receipt of the bill. If the employer contributions are not paid | ||||||
11 | within 90 days after receipt of the bill, then interest will be | ||||||
12 | charged at a rate equal to the System's annual actuarially | ||||||
13 | assumed rate of return on investment compounded annually from | ||||||
14 | the 91st day after receipt of the bill. Payments must be | ||||||
15 | concluded within 3 years after the employer's receipt of the | ||||||
16 | bill.
| ||||||
17 | (g) This subsection (g) applies only to payments made or | ||||||
18 | salary increases given on or after June 1, 2005 but before July | ||||||
19 | 1, 2011. The changes made by Public Act 94-1057 shall not | ||||||
20 | require the System to refund any payments received before
July | ||||||
21 | 31, 2006 (the effective date of Public Act 94-1057). | ||||||
22 | When assessing payment for any amount due under subsection | ||||||
23 | (f), the System shall exclude salary increases paid to teachers | ||||||
24 | under contracts or collective bargaining agreements entered | ||||||
25 | into, amended, or renewed before June 1, 2005.
| ||||||
26 | When assessing payment for any amount due under subsection |
| |||||||
| |||||||
1 | (f), the System shall exclude salary increases paid to a | ||||||
2 | teacher at a time when the teacher is 10 or more years from | ||||||
3 | retirement eligibility under Section 16-132 or 16-133.2.
| ||||||
4 | When assessing payment for any amount due under subsection | ||||||
5 | (f), the System shall exclude salary increases resulting from | ||||||
6 | overload work, including summer school, when the school | ||||||
7 | district has certified to the System, and the System has | ||||||
8 | approved the certification, that (i) the overload work is for | ||||||
9 | the sole purpose of classroom instruction in excess of the | ||||||
10 | standard number of classes for a full-time teacher in a school | ||||||
11 | district during a school year and (ii) the salary increases are | ||||||
12 | equal to or less than the rate of pay for classroom instruction | ||||||
13 | computed on the teacher's current salary and work schedule.
| ||||||
14 | When assessing payment for any amount due under subsection | ||||||
15 | (f), the System shall exclude a salary increase resulting from | ||||||
16 | a promotion (i) for which the employee is required to hold a | ||||||
17 | certificate or supervisory endorsement issued by the State | ||||||
18 | Teacher Certification Board that is a different certification | ||||||
19 | or supervisory endorsement than is required for the teacher's | ||||||
20 | previous position and (ii) to a position that has existed and | ||||||
21 | been filled by a member for no less than one complete academic | ||||||
22 | year and the salary increase from the promotion is an increase | ||||||
23 | that results in an amount no greater than the lesser of the | ||||||
24 | average salary paid for other similar positions in the district | ||||||
25 | requiring the same certification or the amount stipulated in | ||||||
26 | the collective bargaining agreement for a similar position |
| |||||||
| |||||||
1 | requiring the same certification.
| ||||||
2 | When assessing payment for any amount due under subsection | ||||||
3 | (f), the System shall exclude any payment to the teacher from | ||||||
4 | the State of Illinois or the State Board of Education over | ||||||
5 | which the employer does not have discretion, notwithstanding | ||||||
6 | that the payment is included in the computation of final | ||||||
7 | average salary.
| ||||||
8 | (h) When assessing payment for any amount due under | ||||||
9 | subsection (f), the System shall exclude any salary increase | ||||||
10 | described in subsection (g) of this Section given on or after | ||||||
11 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
12 | collective bargaining agreement entered into, amended, or | ||||||
13 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
14 | Notwithstanding any other provision of this Section, any | ||||||
15 | payments made or salary increases given after June 30, 2014 | ||||||
16 | shall be used in assessing payment for any amount due under | ||||||
17 | subsection (f) of this Section.
| ||||||
18 | (i) The System shall prepare a report and file copies of | ||||||
19 | the report with the Governor and the General Assembly by | ||||||
20 | January 1, 2007 that contains all of the following information: | ||||||
21 | (1) The number of recalculations required by the | ||||||
22 | changes made to this Section by Public Act 94-1057 for each | ||||||
23 | employer. | ||||||
24 | (2) The dollar amount by which each employer's | ||||||
25 | contribution to the System was changed due to | ||||||
26 | recalculations required by Public Act 94-1057. |
| |||||||
| |||||||
1 | (3) The total amount the System received from each | ||||||
2 | employer as a result of the changes made to this Section by | ||||||
3 | Public Act 94-4. | ||||||
4 | (4) The increase in the required State contribution | ||||||
5 | resulting from the changes made to this Section by Public | ||||||
6 | Act 94-1057.
| ||||||
7 | (j) For purposes of determining the required State | ||||||
8 | contribution to the System, the value of the System's assets | ||||||
9 | shall be equal to the actuarial value of the System's assets, | ||||||
10 | which shall be calculated as follows: | ||||||
11 | As of June 30, 2008, the actuarial value of the System's | ||||||
12 | assets shall be equal to the market value of the assets as of | ||||||
13 | that date. In determining the actuarial value of the System's | ||||||
14 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
15 | gains or losses from investment return incurred in a fiscal | ||||||
16 | year shall be recognized in equal annual amounts over the | ||||||
17 | 5-year period following that fiscal year. | ||||||
18 | (k) For purposes of determining the required State | ||||||
19 | contribution to the system for a particular year, the actuarial | ||||||
20 | value of assets shall be assumed to earn a rate of return equal | ||||||
21 | to the system's actuarially assumed rate of return. | ||||||
22 | (Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; | ||||||
23 | 96-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-694, eff. | ||||||
24 | 6-18-12; 97-813, eff. 7-13-12; 98-674, eff. 6-30-14.)
| ||||||
25 | (40 ILCS 5/17-127) (from Ch. 108 1/2, par. 17-127)
|
| |||||||
| |||||||
1 | Sec. 17-127. Financing; revenues for the Fund.
| ||||||
2 | (a) The revenues for the Fund shall consist of: (1) amounts | ||||||
3 | paid into
the Fund by contributors thereto and from employer | ||||||
4 | contributions and State
appropriations in accordance with this | ||||||
5 | Article; (2) amounts contributed to the
Fund by an Employer; | ||||||
6 | (3) amounts contributed to the Fund pursuant to any law
now in | ||||||
7 | force or hereafter to be enacted; (4) contributions from any | ||||||
8 | other
source; and (5) the earnings on investments.
| ||||||
9 | (b) The General Assembly finds that for many years the | ||||||
10 | State has
contributed to the Fund an annual amount that is | ||||||
11 | between 20% and 30% of the
amount of the annual State | ||||||
12 | contribution to the Article 16 retirement system,
and the | ||||||
13 | General Assembly declares that it is its goal and intention to | ||||||
14 | continue
this level of contribution to the Fund in the future.
| ||||||
15 | (c) Beginning in State fiscal year 1999, the State shall | ||||||
16 | include in its annual
contribution to the Fund an additional | ||||||
17 | amount equal to 0.544% of the Fund's
total teacher payroll; | ||||||
18 | except that this additional contribution need not be
made in a | ||||||
19 | fiscal year if the Board has certified in the previous fiscal | ||||||
20 | year
that the Fund is at least 90% funded, based on actuarial | ||||||
21 | determinations. These
additional State contributions are | ||||||
22 | intended to offset a portion of the cost to
the Fund of the | ||||||
23 | increases in retirement benefits resulting from this | ||||||
24 | amendatory
Act of 1998.
| ||||||
25 | (d) In addition to any other contribution required under | ||||||
26 | this Article, including the contribution required under |
| |||||||
| |||||||
1 | subsection (c), the State shall contribute to the Fund the | ||||||
2 | following amounts: | ||||||
3 | (1) For State fiscal year 2017, the State shall
| ||||||
4 | contribute $215,200,000. | ||||||
5 | (2) For State fiscal year 2018, the State shall | ||||||
6 | contribute $221,300,000. | ||||||
7 | (3) Beginning in State fiscal year 2019, the State
| ||||||
8 | shall contribute for each fiscal year an amount to be
| ||||||
9 | determined by the Fund, equal to the employer normal cost
| ||||||
10 | for that fiscal year, plus the amount allowed pursuant to | ||||||
11 | paragraph (3) of Section 17-142.1, to defray health | ||||||
12 | insurance costs. | ||||||
13 | (e) The Board shall determine the amount of State | ||||||
14 | contributions required for each fiscal year on the basis of the | ||||||
15 | actuarial tables and other assumptions adopted by the Board and | ||||||
16 | the recommendations of the actuary. On or before November 1 of | ||||||
17 | each year, beginning November 1, 2017, the Board shall submit | ||||||
18 | to the State Actuary, the Governor, and the General Assembly a | ||||||
19 | proposed certification of the amount of the required State | ||||||
20 | contribution to the Fund for the next fiscal year, along with | ||||||
21 | all of the actuarial assumptions, calculations, and data upon | ||||||
22 | which that proposed certification is based. | ||||||
23 | On or before January 1 of each year, beginning January 1,
| ||||||
24 | 2018, the State Actuary shall issue a preliminary report
| ||||||
25 | concerning the proposed certification and identifying, if
| ||||||
26 | necessary, recommended changes in actuarial assumptions that
|
| |||||||
| |||||||
1 | the Board must consider before finalizing its certification of
| ||||||
2 | the required State contributions. | ||||||
3 | (f) On or before January 15, 2018 and each January 15 | ||||||
4 | thereafter, the Board shall certify to the Governor and the
| ||||||
5 | General Assembly the amount of the required State contribution
| ||||||
6 | for the next fiscal year. The certification shall include a
| ||||||
7 | copy of the actuarial recommendations upon which it is based
| ||||||
8 | and shall specifically identify the Fund's projected employer
| ||||||
9 | normal cost for that fiscal year. The Board's certification
| ||||||
10 | must note any deviations from the State Actuary's recommended
| ||||||
11 | changes, the reason or reasons for not following the State
| ||||||
12 | Actuary's recommended changes, and the fiscal impact of not
| ||||||
13 | following the State Actuary's recommended changes on the
| ||||||
14 | required State contribution. | ||||||
15 | For the purposes of this Article, including issuing | ||||||
16 | vouchers, and for the purposes of subsection (h) of Section 1.1 | ||||||
17 | of the State Pension Funds Continuing Appropriation Act, the | ||||||
18 | State contribution specified for State fiscal years 2017 and | ||||||
19 | 2018 shall be deemed to have been certified, by operation of | ||||||
20 | law and without official action by the Board or the State | ||||||
21 | Actuary, in the amount provided in subsection (d) of this | ||||||
22 | Section. | ||||||
23 | (g) Beginning in State fiscal year 2017, on the 15th day of
| ||||||
24 | each month, or as soon thereafter as may be practicable, the
| ||||||
25 | Board shall submit vouchers for payment of State contributions | ||||||
26 | to the Fund, in a total monthly amount of one-twelfth of the
|
| |||||||
| |||||||
1 | required annual State contribution under subsection (d).
These | ||||||
2 | vouchers shall be paid by the State Comptroller and
Treasurer | ||||||
3 | by warrants drawn on the funds appropriated to the
Fund for | ||||||
4 | that fiscal year. If in any month the amount remaining
| ||||||
5 | unexpended from all other State appropriations to the Fund for
| ||||||
6 | the applicable fiscal year is less than the amount lawfully
| ||||||
7 | vouchered under this subsection, the difference shall be paid
| ||||||
8 | from the Common School Fund under the continuing appropriation
| ||||||
9 | authority provided in Section 1.1 of the State Pension Funds
| ||||||
10 | Continuing Appropriation Act. | ||||||
11 | (Source: P.A. 90-548, eff. 12-4-97; 90-566, eff. 1-2-98; | ||||||
12 | 90-582, eff.
5-27-98; 90-655, eff. 7-30-98.)
| ||||||
13 | Section 18. The State Pension Funds Continuing | ||||||
14 | Appropriation Act is amended by changing Section 1.1 as | ||||||
15 | follows:
| ||||||
16 | (40 ILCS 15/1.1)
| ||||||
17 | Sec. 1.1. Appropriations to certain retirement systems.
| ||||||
18 | (a) There is hereby appropriated from the General Revenue | ||||||
19 | Fund to the
General Assembly Retirement System, on a continuing | ||||||
20 | monthly basis, the amount,
if any, by which the total available | ||||||
21 | amount of all other appropriations to that
retirement system | ||||||
22 | for the payment of State contributions is less than the total
| ||||||
23 | amount of the vouchers for required State contributions | ||||||
24 | lawfully submitted by
the retirement system for that month |
| |||||||
| |||||||
1 | under Section 2-134 of the Illinois
Pension Code.
| ||||||
2 | (b) There is hereby appropriated from the General Revenue | ||||||
3 | Fund to the
State Universities Retirement System, on a | ||||||
4 | continuing monthly basis, the
amount, if any, by which the | ||||||
5 | total available amount of all other appropriations
to that | ||||||
6 | retirement system for the payment of State contributions, | ||||||
7 | including
any deficiency in the required contributions of the | ||||||
8 | optional
retirement program established under Section 15-158.2 | ||||||
9 | of the Illinois Pension
Code,
is less than
the total amount of | ||||||
10 | the vouchers for required State contributions lawfully
| ||||||
11 | submitted by the retirement system for that month under Section | ||||||
12 | 15-165 of the
Illinois Pension Code.
| ||||||
13 | (c) There is hereby appropriated from the Common School | ||||||
14 | Fund to the
Teachers' Retirement System of the State of | ||||||
15 | Illinois,
on a continuing monthly basis, the amount, if any, by | ||||||
16 | which the total
available amount of all other appropriations to | ||||||
17 | that retirement system for the
payment of State contributions | ||||||
18 | is less than the total amount of the vouchers
for required | ||||||
19 | State contributions lawfully submitted by the retirement | ||||||
20 | system
for that month under Section 16-158 of the Illinois | ||||||
21 | Pension Code.
| ||||||
22 | (d) There is hereby appropriated from the General Revenue | ||||||
23 | Fund to the Judges
Retirement System of Illinois, on a | ||||||
24 | continuing monthly basis, the amount, if
any, by which the | ||||||
25 | total available amount of all other appropriations to that
| ||||||
26 | retirement system for the payment of State contributions is |
| |||||||
| |||||||
1 | less than the total
amount of the vouchers for required State | ||||||
2 | contributions lawfully submitted by
the retirement system for | ||||||
3 | that month under Section 18-140 of the Illinois
Pension Code.
| ||||||
4 | (e) The continuing appropriations provided by subsections | ||||||
5 | (a), (b), (c), and (d) of this Section shall first
be available | ||||||
6 | in State fiscal year 1996. The continuing appropriations | ||||||
7 | provided by subsection (h) of this Section shall first
be | ||||||
8 | available as provided in that subsection (h).
| ||||||
9 | (f) For State fiscal year 2010 only, the continuing | ||||||
10 | appropriations provided by this Section are equal to the amount | ||||||
11 | certified by each System on or before December 31, 2008, less | ||||||
12 | (i) the gross proceeds of the bonds sold in fiscal year 2010 | ||||||
13 | under the authorization contained in subsection (a) of Section | ||||||
14 | 7.2 of the General Obligation Bond Act and (ii) any amounts | ||||||
15 | received from the State Pensions Fund. | ||||||
16 | (g) For State fiscal year 2011 only, the continuing | ||||||
17 | appropriations provided by this Section are equal to the amount
| ||||||
18 | certified by each System on or before April 1, 2011, less
(i) | ||||||
19 | the gross proceeds of the bonds sold in fiscal year 2011
under | ||||||
20 | the authorization contained in subsection (a) of Section
7.2 of | ||||||
21 | the General Obligation Bond Act and (ii) any amounts
received | ||||||
22 | from the State Pensions Fund. | ||||||
23 | (h) There is hereby appropriated from the Common School | ||||||
24 | Fund to the
Public School Teachers' Pension and Retirement Fund | ||||||
25 | of Chicago,
on a continuing monthly basis, the amount, if any, | ||||||
26 | by which the total
available amount of all other State |
| |||||||
| |||||||
1 | appropriations to that Retirement Fund for the
payment of State | ||||||
2 | contributions under subsection (d) of Section 17-127 of the | ||||||
3 | Illinois Pension Code is less than the total amount of the | ||||||
4 | vouchers
for required State contributions lawfully submitted | ||||||
5 | by the Retirement Fund
for that month under that Section | ||||||
6 | 17-127. | ||||||
7 | (Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; | ||||||
8 | 96-1511, eff. 1-27-11.)
| ||||||
9 | Section 20. The Innovation Development and Economy Act is | ||||||
10 | amended by changing Section 33 as follows: | ||||||
11 | (50 ILCS 470/33)
| ||||||
12 | Sec. 33. STAR Bonds School Improvement and Operations Trust | ||||||
13 | Fund. | ||||||
14 | (a) The STAR Bonds School Improvement and Operations Trust | ||||||
15 | Fund is created as a trust fund in the State treasury. Deposits | ||||||
16 | into the Trust Fund shall be made as provided under this | ||||||
17 | Section. Moneys in the Trust Fund shall be used by the | ||||||
18 | Department of Revenue only for the purpose of making payments | ||||||
19 | to school districts in educational service regions that include | ||||||
20 | or are adjacent to the STAR bond district. Moneys in the Trust | ||||||
21 | Fund are not subject to appropriation and shall be used solely | ||||||
22 | as provided in this Section. All deposits into the Trust Fund | ||||||
23 | shall be held in the Trust Fund by the State Treasurer as ex | ||||||
24 | officio custodian separate and apart from all public moneys or |
| |||||||
| |||||||
1 | funds of this State and shall be administered by the Department | ||||||
2 | exclusively for the purposes set forth in this Section. All | ||||||
3 | moneys in the Trust Fund shall be invested and reinvested by | ||||||
4 | the State Treasurer. All interest accruing from these | ||||||
5 | investments shall be deposited in the Trust Fund. | ||||||
6 | (b) Upon approval of a STAR bond district, the political | ||||||
7 | subdivision shall immediately transmit to the county clerk of | ||||||
8 | the county in which the district is located a certified copy of | ||||||
9 | the ordinance creating the district, a legal description of the | ||||||
10 | district, a map of the district, identification of the year | ||||||
11 | that the county clerk shall use for determining the total | ||||||
12 | initial equalized assessed value of the district consistent | ||||||
13 | with subsection (c), and a list of the parcel or tax | ||||||
14 | identification number of each parcel of property included in | ||||||
15 | the district. | ||||||
16 | (c) Upon approval of a STAR bond district, the county clerk | ||||||
17 | immediately thereafter shall determine (i) the most recently | ||||||
18 | ascertained equalized assessed value of each lot, block, tract, | ||||||
19 | or parcel of real property within the STAR bond district, from | ||||||
20 | which shall be deducted the homestead exemptions under Article | ||||||
21 | 15 of the Property Tax Code, which value shall be the initial | ||||||
22 | equalized assessed value of each such piece of property, and | ||||||
23 | (ii) the total equalized assessed value of all taxable real | ||||||
24 | property within the district by adding together the most | ||||||
25 | recently ascertained equalized assessed value of each taxable | ||||||
26 | lot, block, tract, or parcel of real property within the |
| |||||||
| |||||||
1 | district, from which shall be deducted the homestead exemptions | ||||||
2 | under Article 15 of the Property Tax Code, and shall certify | ||||||
3 | that amount as the total initial equalized assessed value of | ||||||
4 | the taxable real property within the STAR bond district. | ||||||
5 | (d) In reference to any STAR bond district created within | ||||||
6 | any political subdivision, and in respect to which the county | ||||||
7 | clerk has certified the total initial equalized assessed value | ||||||
8 | of the property in the area, the political subdivision may | ||||||
9 | thereafter request the clerk in writing to adjust the initial | ||||||
10 | equalized value of all taxable real property within the STAR | ||||||
11 | bond district by deducting therefrom the exemptions under | ||||||
12 | Article 15 of the Property Tax Code applicable to each lot, | ||||||
13 | block, tract, or parcel of real property within the STAR bond | ||||||
14 | district. The county clerk shall immediately, after the written | ||||||
15 | request to adjust the total initial equalized value is | ||||||
16 | received, determine the total homestead exemptions in the STAR | ||||||
17 | bond district as provided under Article 15 of the Property Tax | ||||||
18 | Code by adding together the homestead exemptions provided by | ||||||
19 | said Article on each lot, block, tract, or parcel of real | ||||||
20 | property within the STAR bond district and then shall deduct | ||||||
21 | the total of said exemptions from the total initial equalized | ||||||
22 | assessed value. The county clerk shall then promptly certify | ||||||
23 | that amount as the total initial equalized assessed value as | ||||||
24 | adjusted of the taxable real property within the STAR bond | ||||||
25 | district. | ||||||
26 | (e) The county clerk or other person authorized by law |
| |||||||
| |||||||
1 | shall compute the tax rates for each taxing district with all | ||||||
2 | or a portion of its equalized assessed value located in the | ||||||
3 | STAR bond district. The rate per cent of tax determined shall | ||||||
4 | be extended to the current equalized assessed value of all | ||||||
5 | property in the district in the same manner as the rate per | ||||||
6 | cent of tax is extended to all other taxable property in the | ||||||
7 | taxing district. | ||||||
8 | (f) Beginning with the assessment year in which the first | ||||||
9 | destination user in the first STAR bond project in a STAR bond | ||||||
10 | district makes its first retail sales and for each assessment | ||||||
11 | year thereafter until final maturity of the last STAR bonds | ||||||
12 | issued in the district, the county clerk or other person | ||||||
13 | authorized by law shall determine the increase in equalized | ||||||
14 | assessed value of all real property within the STAR bond | ||||||
15 | district by subtracting the initial equalized assessed value of | ||||||
16 | all property in the district certified under subsection (c) | ||||||
17 | from the current equalized assessed value of all property in | ||||||
18 | the district. Each year, the property taxes arising from the | ||||||
19 | increase in equalized assessed value in the STAR bond district | ||||||
20 | shall be determined for each taxing district and shall be | ||||||
21 | certified to the county collector. | ||||||
22 | (g) Beginning with the year in which taxes are collected | ||||||
23 | based on the assessment year in which the first destination | ||||||
24 | user in the first STAR bond project in a STAR bond district | ||||||
25 | makes its first retail sales and for each year thereafter until | ||||||
26 | final maturity of the last STAR bonds issued in the district, |
| |||||||
| |||||||
1 | the county collector shall, within 30 days after receipt of | ||||||
2 | property taxes, transmit to the Department to be deposited into | ||||||
3 | the STAR Bonds School Improvement and Operations Trust Fund 15% | ||||||
4 | of property taxes attributable to the increase in equalized | ||||||
5 | assessed value within the STAR bond district from each taxing | ||||||
6 | district as certified in subsection (f). | ||||||
7 | (h) The Department shall pay to the regional superintendent | ||||||
8 | of schools whose educational service region includes Franklin | ||||||
9 | and Williamson Counties, for each year for which money is | ||||||
10 | remitted to the Department and paid into the STAR Bonds School | ||||||
11 | Improvement and Operations Trust Fund, the money in the Fund as | ||||||
12 | provided in this Section. The amount paid to each school | ||||||
13 | district shall be allocated
proportionately, based on each | ||||||
14 | qualifying school district's
fall enrollment for the | ||||||
15 | then-current school year, such that the school
district with | ||||||
16 | the largest fall enrollment receives the largest
proportionate | ||||||
17 | share of money paid out of the Fund or by any other method or | ||||||
18 | formula that the regional superintendent of schools deems fit, | ||||||
19 | equitable, and in the public interest. The regional | ||||||
20 | superintendent may allocate moneys to school districts that are | ||||||
21 | outside of his or her educational service region or to other | ||||||
22 | regional superintendents. | ||||||
23 | The Department shall determine the distributions under | ||||||
24 | this Section using its best judgment and information. The | ||||||
25 | Department shall be held harmless for the distributions made | ||||||
26 | under this Section and all distributions shall be final. |
| |||||||
| |||||||
1 | (i) In any year that an assessment appeal is filed, the | ||||||
2 | extension of taxes on any assessment so appealed shall not be | ||||||
3 | delayed. In the case of an assessment that is altered, any | ||||||
4 | taxes extended upon the unauthorized assessment or part thereof | ||||||
5 | shall be abated, or, if already paid, shall be refunded with | ||||||
6 | interest as provided in Section 23-20 of the Property Tax Code. | ||||||
7 | In the case of an assessment appeal, the county collector shall | ||||||
8 | notify the Department that an assessment appeal has been filed | ||||||
9 | and the amount of the tax that would have been deposited in the | ||||||
10 | STAR Bonds School Improvement and Operations Trust Fund. The | ||||||
11 | county collector shall hold that amount in a separate fund | ||||||
12 | until the appeal process is final. After the appeal process is | ||||||
13 | finalized, the county collector shall transmit to the | ||||||
14 | Department the amount of tax that remains, if any, after all | ||||||
15 | required refunds are made. The Department shall pay any amount | ||||||
16 | deposited into the Trust Fund under this Section in the same | ||||||
17 | proportion as determined for payments for that taxable year | ||||||
18 | under subsection (h). | ||||||
19 | (j) In any year that ad valorem taxes are allocated to the | ||||||
20 | STAR Bonds School Improvement and Operations Trust Fund, that | ||||||
21 | allocation shall not reduce or otherwise impact the school aid | ||||||
22 | provided to any school district under the general State school | ||||||
23 | aid formula provided for in Section 18-8.05 of the School Code | ||||||
24 | or the evidence-based funding formula provided for in Section | ||||||
25 | 18-8.15 of the School Code .
| ||||||
26 | (Source: P.A. 96-939, eff. 6-24-10.) |
| |||||||
| |||||||
1 | Section 25. The County Economic Development Project Area | ||||||
2 | Property
Tax Allocation Act is amended by changing Section 7 as | ||||||
3 | follows:
| ||||||
4 | (55 ILCS 85/7) (from Ch. 34, par. 7007)
| ||||||
5 | Sec. 7. Creation of special tax allocation fund. If a | ||||||
6 | county has
adopted property tax allocation financing by | ||||||
7 | ordinance for an economic
development project area, the | ||||||
8 | Department has approved and certified the
economic development | ||||||
9 | project area, and the county clerk has thereafter
certified the | ||||||
10 | "total initial equalized value" of the taxable real property
| ||||||
11 | within such economic development project area in the manner | ||||||
12 | provided in
subsection (b) of Section 6 of this Act, each year | ||||||
13 | after the date of the
certification by the county clerk of the | ||||||
14 | "initial equalized assessed value"
until economic development | ||||||
15 | project costs and all county obligations
financing economic | ||||||
16 | development project costs have been paid, the ad valorem
taxes, | ||||||
17 | if any, arising from the levies upon the taxable real property | ||||||
18 | in
the economic development project area by taxing districts | ||||||
19 | and tax rates
determined in the manner provided in subsection | ||||||
20 | (b) of Section 6 of this Act
shall be divided as follows:
| ||||||
21 | (1) That portion of the taxes levied upon each taxable | ||||||
22 | lot, block, tract
or parcel of real property which is | ||||||
23 | attributable to the lower of the current
equalized assessed | ||||||
24 | value or the initial equalized assessed value of each
such |
| |||||||
| |||||||
1 | taxable lot, block, tract, or parcel of real property | ||||||
2 | existing at the
time property tax allocation financing was | ||||||
3 | adopted shall be allocated and
when collected shall be paid | ||||||
4 | by the county collector to the respective
affected taxing | ||||||
5 | districts in the manner required by the law in the absence
| ||||||
6 | of the adoption of property tax allocation financing.
| ||||||
7 | (2) That portion, if any, of those taxes which is | ||||||
8 | attributable to the
increase in the current equalized | ||||||
9 | assessed valuation of each taxable lot,
block, tract, or | ||||||
10 | parcel of real property in the economic development
project | ||||||
11 | are, over and above the initial equalized assessed value of | ||||||
12 | each
property existing at the time property tax allocation | ||||||
13 | financing was
adopted shall be allocated to and when | ||||||
14 | collected shall be paid to the
county treasurer, who shall | ||||||
15 | deposit those taxes into a special fund called
the special | ||||||
16 | tax allocation fund of the county for the purpose of paying
| ||||||
17 | economic development project costs and obligations | ||||||
18 | incurred in the payment
thereof.
| ||||||
19 | The county, by an ordinance adopting property tax | ||||||
20 | allocation financing,
may pledge the funds in and to be | ||||||
21 | deposited in the special tax allocation
fund for the payment of | ||||||
22 | obligations issued under this Act and for the
payment of | ||||||
23 | economic development project costs. No part of the current
| ||||||
24 | equalized assessed valuation of each property in the economic | ||||||
25 | development
project area attributable to any increase above the | ||||||
26 | total initial equalized
assessed value of such properties shall |
| |||||||
| |||||||
1 | be used in calculating the general
State school aid formula, | ||||||
2 | provided for in Section 18-8 of the School Code, or the | ||||||
3 | evidence-based funding formula, provided for in Section | ||||||
4 | 18-8.15 of the School Code,
until such time as all economic | ||||||
5 | development projects costs have been paid
as provided for in | ||||||
6 | this Section.
| ||||||
7 | Whenever a county issues bonds for the purpose of financing | ||||||
8 | economic
development project costs, the county may provide by | ||||||
9 | ordinance for the
appointment of a trustee, which may be any | ||||||
10 | trust company within the State,
and for the establishment of | ||||||
11 | the funds or accounts to be maintained by such
trustee as the | ||||||
12 | county shall deem necessary to provide for the security and
| ||||||
13 | payment of the bonds. If the county provides for the | ||||||
14 | appointment of a
trustee, the trustee shall be considered the | ||||||
15 | assignee of any payments
assigned by the county pursuant to the | ||||||
16 | ordinance and this Section. Any
amounts paid to the trustee as | ||||||
17 | assignee shall be deposited in the funds or
accounts | ||||||
18 | established pursuant to the trust agreement, and shall be held | ||||||
19 | by
the trustee in trust for the benefit of the holders of the | ||||||
20 | bonds, and the
holders shall have a lien on and a security | ||||||
21 | interest in those bonds or
accounts so long as the bonds remain | ||||||
22 | outstanding and unpaid. Upon
retirement of the bonds, the | ||||||
23 | trustee shall pay over any excess amounts held
to the county | ||||||
24 | for deposit in the special tax allocation fund.
| ||||||
25 | When the economic development project costs, including | ||||||
26 | without limitation
all county obligations financing economic |
| |||||||
| |||||||
1 | development project costs
incurred under this Act, have been | ||||||
2 | paid, all surplus funds then remaining
in the special tax | ||||||
3 | allocation funds shall be distributed by being paid by
the | ||||||
4 | county treasurer to the county collector, who shall immediately
| ||||||
5 | thereafter pay those funds to the taxing districts having | ||||||
6 | taxable property
in the economic development project area in | ||||||
7 | the same manner and proportion
as the most recent distribution | ||||||
8 | by the county collector to those taxing
districts of real | ||||||
9 | property taxes from real property in the economic
development | ||||||
10 | project area.
| ||||||
11 | Upon the payment of all economic development project costs, | ||||||
12 | retirement of
obligations and the distribution of any excess | ||||||
13 | monies pursuant to this
Section and not later than 23 years | ||||||
14 | from the date of adoption of the
ordinance adopting property | ||||||
15 | tax allocation financing, the county shall
adopt an ordinance | ||||||
16 | dissolving the special tax allocation fund for the
economic | ||||||
17 | development project area and terminating the designation of the
| ||||||
18 | economic development project area as an economic development | ||||||
19 | project area; however, in relation to one or more contiguous | ||||||
20 | parcels not exceeding a total area of 120 acres within which an | ||||||
21 | electric generating facility is intended to be constructed, and | ||||||
22 | with respect to which the owner of that proposed electric | ||||||
23 | generating facility has entered into a redevelopment agreement | ||||||
24 | with Grundy County on or before July 25, 2017, the ordinance of | ||||||
25 | the county required in this paragraph shall not dissolve the | ||||||
26 | special tax allocation fund for the existing economic |
| |||||||
| |||||||
1 | development project area and shall only terminate the | ||||||
2 | designation of the economic development project area as to | ||||||
3 | those portions of the economic development project area | ||||||
4 | excluding the area covered by the redevelopment agreement | ||||||
5 | between the owner of the proposed electric generating facility | ||||||
6 | and Grundy County; the county shall adopt an ordinance | ||||||
7 | dissolving the special tax allocation fund for the economic | ||||||
8 | development project area and terminating the designation of the | ||||||
9 | economic development project area as an economic development | ||||||
10 | project area with regard to the electric generating facility | ||||||
11 | property not later than 35 years from the date of adoption of | ||||||
12 | the ordinance adopting property tax allocation financing.
| ||||||
13 | Thereafter the rates of the taxing districts shall be extended | ||||||
14 | and taxes
levied, collected and distributed in the manner | ||||||
15 | applicable in the absence
of the adoption of property tax | ||||||
16 | allocation financing.
| ||||||
17 | Nothing in this Section shall be construed as relieving | ||||||
18 | property in
economic development project areas from being | ||||||
19 | assessed as provided in the
Property Tax Code or as relieving | ||||||
20 | owners of that
property from paying a uniform rate of taxes, as | ||||||
21 | required by Section 4 of
Article IX of the Illinois | ||||||
22 | Constitution of 1970.
| ||||||
23 | (Source: P.A. 98-463, eff. 8-16-13; 99-513, eff. 6-30-16.)
| ||||||
24 | Section 30. The County Economic Development Project Area | ||||||
25 | Tax Increment
Allocation Act of 1991 is amended by changing |
| |||||||
| |||||||
1 | Section 50 as follows:
| ||||||
2 | (55 ILCS 90/50) (from Ch. 34, par. 8050)
| ||||||
3 | Sec. 50. Special tax allocation fund.
| ||||||
4 | (a) If a county clerk has certified the "total initial | ||||||
5 | equalized
assessed value" of the taxable real property within | ||||||
6 | an economic development
project area in the manner provided in | ||||||
7 | Section 45, each year
after the date of the certification by | ||||||
8 | the county clerk of the "total
initial equalized assessed | ||||||
9 | value", until economic development project costs
and all county | ||||||
10 | obligations financing economic development
project costs have | ||||||
11 | been paid, the ad valorem taxes, if any, arising from
the | ||||||
12 | levies upon the taxable real property in the economic | ||||||
13 | development
project area by taxing districts and tax rates | ||||||
14 | determined in the manner
provided in subsection (b) of Section | ||||||
15 | 45 shall be divided as follows:
| ||||||
16 | (1) That portion of the taxes levied upon each taxable | ||||||
17 | lot, block,
tract, or parcel of real property that is | ||||||
18 | attributable to the lower of the
current equalized assessed | ||||||
19 | value or the initial equalized assessed value of
each | ||||||
20 | taxable lot, block, tract, or parcel of real property | ||||||
21 | existing at
the time tax increment financing was adopted | ||||||
22 | shall be allocated to (and
when collected shall be paid by | ||||||
23 | the county collector to) the respective
affected taxing | ||||||
24 | districts in the manner required by law in the absence of
| ||||||
25 | the adoption of tax increment allocation financing.
|
| |||||||
| |||||||
1 | (2) That portion, if any, of the taxes that is | ||||||
2 | attributable to the
increase in the current equalized | ||||||
3 | assessed valuation of each taxable lot,
block, tract, or | ||||||
4 | parcel of real property in the economic development
project | ||||||
5 | area, over and above the initial equalized assessed value | ||||||
6 | of each
property existing at the time tax increment | ||||||
7 | financing was adopted, shall be
allocated to (and when | ||||||
8 | collected shall be paid to) the county treasurer,
who shall | ||||||
9 | deposit the taxes into a special fund (called the special | ||||||
10 | tax
allocation fund of the county) for the purpose of | ||||||
11 | paying economic development
project costs and obligations | ||||||
12 | incurred in the payment of those costs.
| ||||||
13 | (b) The county, by an ordinance adopting tax increment
| ||||||
14 | allocation financing, may pledge the monies in and to be | ||||||
15 | deposited into the
special tax allocation fund for the payment | ||||||
16 | of obligations issued under
this Act and for the payment of | ||||||
17 | economic development project costs. No
part of the current | ||||||
18 | equalized assessed valuation of each property in the
economic | ||||||
19 | development project area attributable to any increase above the
| ||||||
20 | total initial equalized assessed value of those properties | ||||||
21 | shall be used in
calculating the general State school aid | ||||||
22 | formula under Section
18-8 of the School Code or the | ||||||
23 | evidence-based funding formula under Section 18-8.15 of the | ||||||
24 | School Code until all economic development
projects costs have | ||||||
25 | been paid as provided for in this Section.
| ||||||
26 | (c) When the economic development projects costs, |
| |||||||
| |||||||
1 | including without
limitation all county obligations financing | ||||||
2 | economic
development project costs incurred under this Act, | ||||||
3 | have been paid, all
surplus monies then remaining in the | ||||||
4 | special tax allocation fund shall be
distributed by being paid | ||||||
5 | by the county treasurer to the
county collector, who shall | ||||||
6 | immediately pay the monies to the
taxing districts having | ||||||
7 | taxable property in the economic development
project area in | ||||||
8 | the same manner and proportion as the most recent
distribution | ||||||
9 | by the county collector to those taxing districts of real
| ||||||
10 | property taxes from real property in the economic development | ||||||
11 | project area.
| ||||||
12 | (d) Upon the payment of all economic development project | ||||||
13 | costs,
retirement of obligations, and distribution of any | ||||||
14 | excess monies
under this Section, the county shall adopt an | ||||||
15 | ordinance dissolving the
special tax allocation fund for the | ||||||
16 | economic development project area and
terminating the | ||||||
17 | designation of the economic development project area as an
| ||||||
18 | economic development project area. Thereafter, the rates of the | ||||||
19 | taxing
districts shall be extended and taxes shall be levied, | ||||||
20 | collected, and
distributed in the manner applicable in the | ||||||
21 | absence of the adoption of tax
increment allocation financing.
| ||||||
22 | (e) Nothing in this Section shall be construed as relieving | ||||||
23 | property in
the economic development project areas from being | ||||||
24 | assessed as provided in
the Property Tax Code or as relieving | ||||||
25 | owners of
that property from paying a uniform rate of taxes as | ||||||
26 | required by Section 4 of
Article IX of the Illinois |
| |||||||
| |||||||
1 | Constitution.
| ||||||
2 | (Source: P.A. 98-463, eff. 8-16-13.)
| ||||||
3 | Section 35. The Illinois Municipal Code is amended by | ||||||
4 | changing Sections 11-74.4-3, 11-74.4-8, and 11-74.6-35 as | ||||||
5 | follows:
| ||||||
6 | (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
| ||||||
7 | Sec. 11-74.4-3. Definitions. The following terms, wherever | ||||||
8 | used or
referred to in this Division 74.4 shall have the | ||||||
9 | following respective meanings,
unless in any case a different | ||||||
10 | meaning clearly appears from the context.
| ||||||
11 | (a) For any redevelopment project area that has been | ||||||
12 | designated pursuant
to this
Section by an ordinance adopted | ||||||
13 | prior to November 1, 1999 (the effective
date of Public Act
| ||||||
14 | 91-478), "blighted area" shall have the meaning set
forth in | ||||||
15 | this Section
prior to that date.
| ||||||
16 | On and after November 1, 1999,
"blighted area" means any | ||||||
17 | improved or vacant area within the boundaries
of a | ||||||
18 | redevelopment project area located within the territorial | ||||||
19 | limits of
the municipality where:
| ||||||
20 | (1) If improved, industrial, commercial, and | ||||||
21 | residential buildings or
improvements are detrimental to | ||||||
22 | the public safety, health, or welfare
because of a | ||||||
23 | combination of 5 or more of the following factors, each of | ||||||
24 | which
is (i) present, with that presence documented, to a |
| |||||||
| |||||||
1 | meaningful extent so
that a municipality may reasonably | ||||||
2 | find that the factor is clearly
present within the intent | ||||||
3 | of the Act and (ii) reasonably distributed throughout
the | ||||||
4 | improved part of the redevelopment project area:
| ||||||
5 | (A) Dilapidation. An advanced state of disrepair | ||||||
6 | or neglect of
necessary
repairs to the primary | ||||||
7 | structural components of buildings or improvements in
| ||||||
8 | such a combination that a documented building | ||||||
9 | condition analysis determines
that major repair is | ||||||
10 | required or the defects are so serious and so extensive
| ||||||
11 | that the buildings must be removed.
| ||||||
12 | (B) Obsolescence. The condition or process of | ||||||
13 | falling into disuse.
Structures have become ill-suited | ||||||
14 | for the original use.
| ||||||
15 | (C) Deterioration. With respect to buildings, | ||||||
16 | defects
including, but not limited to, major defects in
| ||||||
17 | the secondary building components such as doors, | ||||||
18 | windows, porches, gutters and
downspouts, and fascia. | ||||||
19 | With respect to surface improvements, that the
| ||||||
20 | condition of roadways, alleys, curbs, gutters, | ||||||
21 | sidewalks, off-street parking,
and surface storage | ||||||
22 | areas evidence deterioration, including, but not | ||||||
23 | limited
to, surface cracking, crumbling, potholes, | ||||||
24 | depressions, loose paving material,
and weeds | ||||||
25 | protruding through paved surfaces.
| ||||||
26 | (D) Presence of structures below minimum code |
| |||||||
| |||||||
1 | standards. All structures
that do not meet the | ||||||
2 | standards of zoning, subdivision, building, fire, and
| ||||||
3 | other governmental codes applicable to property, but | ||||||
4 | not including housing and
property maintenance codes.
| ||||||
5 | (E) Illegal use of individual structures. The use | ||||||
6 | of structures in
violation of applicable federal, | ||||||
7 | State, or local laws, exclusive of those
applicable to | ||||||
8 | the presence of structures below minimum code | ||||||
9 | standards.
| ||||||
10 | (F) Excessive vacancies. The presence of
buildings | ||||||
11 | that are unoccupied or under-utilized and that | ||||||
12 | represent an adverse
influence on the area because of | ||||||
13 | the frequency, extent, or duration of the
vacancies.
| ||||||
14 | (G) Lack of ventilation, light, or sanitary | ||||||
15 | facilities. The absence of
adequate ventilation for | ||||||
16 | light or air circulation in spaces or rooms without
| ||||||
17 | windows, or that require the removal of dust, odor, | ||||||
18 | gas, smoke, or other
noxious airborne materials. | ||||||
19 | Inadequate natural light and ventilation means
the | ||||||
20 | absence of skylights or windows for interior spaces or | ||||||
21 | rooms and improper
window sizes and amounts by room | ||||||
22 | area to window area ratios. Inadequate
sanitary | ||||||
23 | facilities refers to the absence or inadequacy of | ||||||
24 | garbage storage and
enclosure,
bathroom facilities, | ||||||
25 | hot water and kitchens, and structural inadequacies
| ||||||
26 | preventing ingress and egress to and from all rooms and |
| |||||||
| |||||||
1 | units within a
building.
| ||||||
2 | (H) Inadequate utilities. Underground and overhead | ||||||
3 | utilities
such as storm sewers and storm drainage, | ||||||
4 | sanitary sewers, water lines, and
gas, telephone, and
| ||||||
5 | electrical services that are shown to be inadequate. | ||||||
6 | Inadequate utilities are
those that are: (i) of | ||||||
7 | insufficient capacity to serve the uses in the
| ||||||
8 | redevelopment project area, (ii) deteriorated,
| ||||||
9 | antiquated, obsolete, or in disrepair, or (iii) | ||||||
10 | lacking within the
redevelopment project area.
| ||||||
11 | (I) Excessive land coverage and overcrowding of | ||||||
12 | structures and community
facilities. The | ||||||
13 | over-intensive use of property and the crowding of | ||||||
14 | buildings
and accessory facilities onto a site. | ||||||
15 | Examples of problem conditions
warranting the | ||||||
16 | designation of an area as one exhibiting excessive land | ||||||
17 | coverage
are: (i) the presence of buildings either | ||||||
18 | improperly situated on parcels or
located
on parcels of | ||||||
19 | inadequate size and shape in relation to present-day | ||||||
20 | standards of
development for health and safety and (ii) | ||||||
21 | the presence of multiple buildings
on a
single parcel. | ||||||
22 | For there to be a finding of excessive land coverage,
| ||||||
23 | these parcels must exhibit one or more of the following | ||||||
24 | conditions:
insufficient provision for
light and air | ||||||
25 | within or around buildings, increased threat of spread | ||||||
26 | of fire
due to the close proximity of buildings, lack |
| |||||||
| |||||||
1 | of adequate or proper access to a
public right-of-way, | ||||||
2 | lack of reasonably required off-street parking, or
| ||||||
3 | inadequate provision for loading and service.
| ||||||
4 | (J) Deleterious land use or layout. The existence | ||||||
5 | of incompatible
land-use
relationships, buildings | ||||||
6 | occupied by inappropriate mixed-uses, or uses
| ||||||
7 | considered to be noxious, offensive, or unsuitable for | ||||||
8 | the
surrounding area.
| ||||||
9 | (K) Environmental clean-up. The proposed | ||||||
10 | redevelopment project area
has incurred Illinois | ||||||
11 | Environmental Protection Agency or United States
| ||||||
12 | Environmental Protection Agency remediation costs for, | ||||||
13 | or a study conducted by
an independent consultant | ||||||
14 | recognized as having expertise in environmental
| ||||||
15 | remediation has determined a need for, the
clean-up of | ||||||
16 | hazardous
waste, hazardous substances, or underground | ||||||
17 | storage tanks required by State or
federal law, | ||||||
18 | provided that the remediation costs constitute a | ||||||
19 | material
impediment to the development or | ||||||
20 | redevelopment of the redevelopment project
area.
| ||||||
21 | (L) Lack of community planning. The proposed | ||||||
22 | redevelopment project area
was
developed prior to or | ||||||
23 | without the benefit or guidance of a community plan.
| ||||||
24 | This means that the development occurred prior to the | ||||||
25 | adoption by the
municipality of a comprehensive or | ||||||
26 | other community plan or that the plan was
not followed |
| |||||||
| |||||||
1 | at the time of the area's development. This factor must | ||||||
2 | be
documented by evidence of adverse or incompatible | ||||||
3 | land-use relationships,
inadequate street layout, | ||||||
4 | improper subdivision, parcels of inadequate shape and
| ||||||
5 | size to meet contemporary development standards, or | ||||||
6 | other evidence
demonstrating
an absence of effective | ||||||
7 | community planning.
| ||||||
8 | (M) The total equalized assessed value of the | ||||||
9 | proposed redevelopment
project area has declined for 3 | ||||||
10 | of the last 5 calendar years
prior to the year in which | ||||||
11 | the redevelopment project area is designated
or is | ||||||
12 | increasing at an
annual rate that is less
than the | ||||||
13 | balance of the municipality for 3 of the last 5 | ||||||
14 | calendar years
for which
information is available or is | ||||||
15 | increasing at an annual rate that is less than
the | ||||||
16 | Consumer Price Index
for All Urban Consumers published | ||||||
17 | by the United States Department of Labor or
successor | ||||||
18 | agency for 3 of the last 5 calendar years
prior to the | ||||||
19 | year in which the redevelopment project area is | ||||||
20 | designated.
| ||||||
21 | (2) If vacant, the sound growth of the redevelopment | ||||||
22 | project area
is impaired by a
combination of 2 or more of | ||||||
23 | the following factors, each of which
is (i) present, with | ||||||
24 | that presence documented, to a meaningful extent so
that
a | ||||||
25 | municipality may reasonably find that the factor is clearly | ||||||
26 | present
within the intent of the Act and (ii) reasonably |
| |||||||
| |||||||
1 | distributed throughout the
vacant part of the
| ||||||
2 | redevelopment project area to which it pertains:
| ||||||
3 | (A) Obsolete platting of vacant land that results | ||||||
4 | in parcels of
limited or
narrow size or configurations | ||||||
5 | of parcels of irregular size or shape that would
be | ||||||
6 | difficult to develop on
a planned basis and in a manner | ||||||
7 | compatible with contemporary standards and
| ||||||
8 | requirements, or platting that failed to create | ||||||
9 | rights-of-ways for streets or
alleys or that created | ||||||
10 | inadequate right-of-way widths for streets, alleys, or
| ||||||
11 | other public rights-of-way or that omitted easements | ||||||
12 | for public utilities.
| ||||||
13 | (B) Diversity of ownership of parcels of vacant | ||||||
14 | land sufficient in
number to
retard or impede the | ||||||
15 | ability to assemble the land for development.
| ||||||
16 | (C) Tax and special assessment delinquencies exist | ||||||
17 | or the property has
been the subject of tax sales under | ||||||
18 | the Property Tax Code within the last 5
years.
| ||||||
19 | (D) Deterioration of structures or site | ||||||
20 | improvements in neighboring
areas adjacent to the | ||||||
21 | vacant land.
| ||||||
22 | (E) The area has incurred Illinois Environmental | ||||||
23 | Protection Agency or
United States Environmental | ||||||
24 | Protection Agency remediation costs for, or a study
| ||||||
25 | conducted by an independent consultant recognized as | ||||||
26 | having expertise in
environmental remediation has |
| |||||||
| |||||||
1 | determined a need for, the
clean-up of hazardous
waste, | ||||||
2 | hazardous substances, or underground storage tanks | ||||||
3 | required by State or
federal law, provided that the | ||||||
4 | remediation costs
constitute a material impediment to | ||||||
5 | the development or redevelopment of
the
redevelopment | ||||||
6 | project area.
| ||||||
7 | (F) The total equalized assessed value of the | ||||||
8 | proposed redevelopment
project area has declined for 3 | ||||||
9 | of the last 5 calendar years
prior to the year in which | ||||||
10 | the redevelopment project area is designated
or is | ||||||
11 | increasing at an
annual rate that is less
than the | ||||||
12 | balance of the municipality for 3 of the last 5 | ||||||
13 | calendar years for
which information is available or is | ||||||
14 | increasing at an annual rate that is less
than
the | ||||||
15 | Consumer Price Index
for All Urban Consumers published | ||||||
16 | by the United States Department of Labor or
successor | ||||||
17 | agency for 3 of the last 5 calendar years
prior to the | ||||||
18 | year in which the redevelopment project area is | ||||||
19 | designated.
| ||||||
20 | (3) If vacant, the sound growth of the redevelopment | ||||||
21 | project area is
impaired by one of the
following factors | ||||||
22 | that (i) is present, with that presence documented, to a
| ||||||
23 | meaningful extent so that a municipality may reasonably | ||||||
24 | find that the factor is
clearly
present within the intent | ||||||
25 | of the Act and (ii) is reasonably distributed
throughout | ||||||
26 | the vacant part of the
redevelopment project area to which |
| |||||||
| |||||||
1 | it pertains:
| ||||||
2 | (A) The area consists of one or more unused | ||||||
3 | quarries, mines, or strip
mine ponds.
| ||||||
4 | (B) The area consists of unused rail yards, rail | ||||||
5 | tracks, or railroad
rights-of-way.
| ||||||
6 | (C) The area, prior to its designation, is subject | ||||||
7 | to (i) chronic
flooding
that adversely impacts on real | ||||||
8 | property in the area as certified by a
registered
| ||||||
9 | professional engineer or appropriate regulatory agency | ||||||
10 | or (ii) surface water
that
discharges from all or a | ||||||
11 | part of the area and contributes to flooding within
the
| ||||||
12 | same watershed, but only if the redevelopment project | ||||||
13 | provides for facilities
or
improvements to contribute | ||||||
14 | to the alleviation of all or part of the
flooding.
| ||||||
15 | (D) The area consists of an unused or illegal | ||||||
16 | disposal site containing
earth,
stone, building | ||||||
17 | debris, or similar materials that were removed from
| ||||||
18 | construction, demolition, excavation, or dredge sites.
| ||||||
19 | (E) Prior to November 1, 1999, the area
is not less | ||||||
20 | than 50 nor more than 100 acres and 75%
of which is | ||||||
21 | vacant (notwithstanding that the area has been used
for | ||||||
22 | commercial agricultural purposes within 5 years prior | ||||||
23 | to the designation
of the redevelopment project area), | ||||||
24 | and the area meets at least one of
the factors itemized | ||||||
25 | in paragraph (1) of this subsection, the area
has been | ||||||
26 | designated as a town or village center by ordinance or |
| |||||||
| |||||||
1 | comprehensive
plan adopted prior to January 1, 1982, | ||||||
2 | and the area has not been developed
for that designated | ||||||
3 | purpose.
| ||||||
4 | (F) The area qualified as a blighted improved area | ||||||
5 | immediately prior to
becoming vacant, unless there has | ||||||
6 | been substantial private investment in the
immediately | ||||||
7 | surrounding area.
| ||||||
8 | (b) For any redevelopment project area that has been | ||||||
9 | designated pursuant
to this
Section by an ordinance adopted | ||||||
10 | prior to November 1, 1999 (the effective
date of Public Act
| ||||||
11 | 91-478), "conservation area" shall have the meaning
set forth | ||||||
12 | in this
Section prior to that date.
| ||||||
13 | On and after November 1, 1999,
"conservation area" means | ||||||
14 | any improved area within the boundaries
of a redevelopment | ||||||
15 | project area located within the territorial limits of
the | ||||||
16 | municipality in which 50% or more of the structures in the area | ||||||
17 | have
an age of 35 years or more.
Such an area is not yet a | ||||||
18 | blighted area but
because of a combination of 3 or more of the | ||||||
19 | following factors is detrimental
to the public safety, health, | ||||||
20 | morals
or welfare and such an area may become a blighted area:
| ||||||
21 | (1) Dilapidation. An advanced state of disrepair or | ||||||
22 | neglect of
necessary
repairs to the primary structural | ||||||
23 | components of buildings or improvements in
such a | ||||||
24 | combination that a documented building condition analysis | ||||||
25 | determines
that major repair is required or the defects are | ||||||
26 | so serious and so extensive
that the buildings must be |
| |||||||
| |||||||
1 | removed.
| ||||||
2 | (2) Obsolescence. The condition or process of falling | ||||||
3 | into disuse.
Structures have become ill-suited for the | ||||||
4 | original use.
| ||||||
5 | (3) Deterioration. With respect to buildings, defects
| ||||||
6 | including, but not limited to, major defects in
the | ||||||
7 | secondary building components such as doors, windows, | ||||||
8 | porches, gutters and
downspouts, and fascia. With respect | ||||||
9 | to surface improvements, that the
condition of roadways, | ||||||
10 | alleys, curbs, gutters, sidewalks, off-street parking,
and | ||||||
11 | surface storage areas evidence deterioration, including, | ||||||
12 | but not limited
to, surface cracking, crumbling, potholes, | ||||||
13 | depressions, loose paving material,
and weeds protruding | ||||||
14 | through paved surfaces.
| ||||||
15 | (4) Presence of structures below minimum code | ||||||
16 | standards. All structures
that do not meet the standards of | ||||||
17 | zoning, subdivision, building, fire, and
other | ||||||
18 | governmental codes applicable to property, but not | ||||||
19 | including housing and
property maintenance codes.
| ||||||
20 | (5) Illegal use of individual structures. The use of | ||||||
21 | structures in
violation of applicable federal, State, or | ||||||
22 | local laws, exclusive of those
applicable to the presence | ||||||
23 | of structures below minimum code standards.
| ||||||
24 | (6) Excessive vacancies. The presence of
buildings | ||||||
25 | that are unoccupied or under-utilized and that represent an | ||||||
26 | adverse
influence on the area because of the frequency, |
| |||||||
| |||||||
1 | extent, or duration of the
vacancies.
| ||||||
2 | (7) Lack of ventilation, light, or sanitary | ||||||
3 | facilities. The absence of
adequate ventilation for light | ||||||
4 | or air circulation in spaces or rooms without
windows, or | ||||||
5 | that require the removal of dust, odor, gas, smoke, or | ||||||
6 | other
noxious airborne materials. Inadequate natural light | ||||||
7 | and ventilation means
the absence or inadequacy of | ||||||
8 | skylights or windows for interior spaces or rooms
and | ||||||
9 | improper
window sizes and amounts by room area to window | ||||||
10 | area ratios. Inadequate
sanitary facilities refers to the | ||||||
11 | absence or inadequacy of garbage storage and
enclosure,
| ||||||
12 | bathroom facilities, hot water and kitchens, and | ||||||
13 | structural inadequacies
preventing ingress and egress to | ||||||
14 | and from all rooms and units within a
building.
| ||||||
15 | (8) Inadequate utilities. Underground and overhead | ||||||
16 | utilities
such as storm sewers and storm drainage, sanitary | ||||||
17 | sewers, water lines, and gas,
telephone, and
electrical | ||||||
18 | services that are shown to be inadequate. Inadequate | ||||||
19 | utilities are
those that are: (i) of insufficient capacity | ||||||
20 | to serve the uses in the
redevelopment project area, (ii) | ||||||
21 | deteriorated,
antiquated, obsolete, or in disrepair, or | ||||||
22 | (iii) lacking within the
redevelopment project area.
| ||||||
23 | (9) Excessive land coverage and overcrowding of | ||||||
24 | structures and community
facilities. The over-intensive | ||||||
25 | use of property and the crowding of buildings
and accessory | ||||||
26 | facilities onto a site. Examples of problem conditions
|
| |||||||
| |||||||
1 | warranting the designation of an area as one exhibiting | ||||||
2 | excessive land coverage
are: the presence of buildings | ||||||
3 | either improperly situated on parcels or located
on parcels | ||||||
4 | of inadequate size and shape in relation to present-day | ||||||
5 | standards of
development for health and safety and the | ||||||
6 | presence of multiple buildings on a
single parcel. For | ||||||
7 | there to be a finding of excessive land coverage,
these | ||||||
8 | parcels must exhibit one or more of the following | ||||||
9 | conditions:
insufficient provision for
light and air | ||||||
10 | within or around buildings, increased threat of spread of | ||||||
11 | fire
due to the close proximity of buildings, lack of | ||||||
12 | adequate or proper access to a
public right-of-way, lack of | ||||||
13 | reasonably required off-street parking, or
inadequate | ||||||
14 | provision for loading and service.
| ||||||
15 | (10) Deleterious land use or layout. The existence of | ||||||
16 | incompatible
land-use
relationships, buildings occupied by | ||||||
17 | inappropriate mixed-uses, or uses
considered to be | ||||||
18 | noxious, offensive, or unsuitable for the
surrounding | ||||||
19 | area.
| ||||||
20 | (11) Lack of community planning. The proposed | ||||||
21 | redevelopment project area
was
developed prior to or | ||||||
22 | without the benefit or guidance of a community plan.
This | ||||||
23 | means that the development occurred prior to the adoption | ||||||
24 | by the
municipality of a comprehensive or other community | ||||||
25 | plan or that the plan was
not followed at the time of the | ||||||
26 | area's development. This factor must be
documented by |
| |||||||
| |||||||
1 | evidence of adverse or incompatible land-use | ||||||
2 | relationships,
inadequate street layout, improper | ||||||
3 | subdivision, parcels of inadequate shape and
size to meet | ||||||
4 | contemporary development standards, or other evidence
| ||||||
5 | demonstrating
an absence of effective community planning.
| ||||||
6 | (12) The area has incurred Illinois Environmental | ||||||
7 | Protection Agency or
United
States Environmental | ||||||
8 | Protection Agency remediation costs for, or a study
| ||||||
9 | conducted by an independent consultant recognized as | ||||||
10 | having expertise in
environmental remediation has | ||||||
11 | determined a need for, the clean-up of hazardous
waste, | ||||||
12 | hazardous substances, or underground storage tanks | ||||||
13 | required by State
or federal law, provided that the | ||||||
14 | remediation costs constitute a material
impediment to the | ||||||
15 | development or redevelopment of the redevelopment project
| ||||||
16 | area.
| ||||||
17 | (13) The total equalized assessed value of the proposed | ||||||
18 | redevelopment
project area has declined for 3 of the last 5 | ||||||
19 | calendar years
for which information is
available or is | ||||||
20 | increasing at an annual rate that is less than the balance | ||||||
21 | of
the municipality for 3 of the last 5 calendar years for | ||||||
22 | which information is
available or is increasing at an | ||||||
23 | annual rate that is less
than the Consumer Price Index for | ||||||
24 | All Urban Consumers published by the United
States | ||||||
25 | Department of Labor or successor agency for 3 of the last 5 | ||||||
26 | calendar
years for which information is available.
|
| |||||||
| |||||||
1 | (c) "Industrial park" means an area in a blighted or | ||||||
2 | conservation
area suitable for use by any manufacturing, | ||||||
3 | industrial, research or
transportation enterprise, of | ||||||
4 | facilities to include but not be limited to
factories, mills, | ||||||
5 | processing plants, assembly plants, packing plants,
| ||||||
6 | fabricating plants, industrial distribution centers, | ||||||
7 | warehouses, repair
overhaul or service facilities, freight | ||||||
8 | terminals, research facilities,
test facilities or railroad | ||||||
9 | facilities.
| ||||||
10 | (d) "Industrial park conservation area" means an area | ||||||
11 | within the
boundaries of a redevelopment project area located | ||||||
12 | within the territorial
limits of a municipality that is a labor | ||||||
13 | surplus municipality or within 1
1/2 miles of the territorial | ||||||
14 | limits of a municipality that is a labor
surplus municipality | ||||||
15 | if the area is annexed to the municipality; which
area is zoned | ||||||
16 | as industrial no later than at the time the municipality by
| ||||||
17 | ordinance designates the redevelopment project area, and which | ||||||
18 | area
includes both vacant land suitable for use as an | ||||||
19 | industrial park and a
blighted area or conservation area | ||||||
20 | contiguous to such vacant land.
| ||||||
21 | (e) "Labor surplus municipality" means a municipality in | ||||||
22 | which, at any
time during the 6 months before the municipality | ||||||
23 | by ordinance designates
an industrial park conservation area, | ||||||
24 | the unemployment rate was over 6% and was
also 100% or more of | ||||||
25 | the national average unemployment rate for that same
time as | ||||||
26 | published in the United States Department of Labor Bureau of |
| |||||||
| |||||||
1 | Labor
Statistics publication entitled "The Employment | ||||||
2 | Situation" or its successor
publication. For the purpose of | ||||||
3 | this subsection, if unemployment rate
statistics for the | ||||||
4 | municipality are not available, the unemployment rate in
the | ||||||
5 | municipality shall be deemed to be the same as the unemployment | ||||||
6 | rate in
the principal county in which the municipality is | ||||||
7 | located.
| ||||||
8 | (f) "Municipality" shall mean a city, village, | ||||||
9 | incorporated town, or a township that is located in the | ||||||
10 | unincorporated portion of a county with 3 million or more | ||||||
11 | inhabitants, if the county adopted an ordinance that approved | ||||||
12 | the township's redevelopment plan.
| ||||||
13 | (g) "Initial Sales Tax Amounts" means the amount of taxes | ||||||
14 | paid under
the Retailers' Occupation Tax Act, Use Tax Act, | ||||||
15 | Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
16 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
17 | Service Occupation Tax Act by
retailers and servicemen on | ||||||
18 | transactions at places located in a
State Sales Tax Boundary | ||||||
19 | during the calendar year 1985.
| ||||||
20 | (g-1) "Revised Initial Sales Tax Amounts" means the amount | ||||||
21 | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax | ||||||
22 | Act, Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
23 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
24 | Service Occupation Tax Act by retailers and servicemen on
| ||||||
25 | transactions at places located within the State Sales Tax | ||||||
26 | Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.
|
| |||||||
| |||||||
1 | (h) "Municipal Sales Tax Increment" means an amount equal | ||||||
2 | to the
increase in the aggregate amount of taxes paid to a | ||||||
3 | municipality from the
Local Government Tax Fund arising from | ||||||
4 | sales by retailers and servicemen
within the redevelopment | ||||||
5 | project area or State Sales Tax Boundary, as
the case may be, | ||||||
6 | for as long as the redevelopment project area or State
Sales | ||||||
7 | Tax Boundary, as the case may be, exist over and above the | ||||||
8 | aggregate
amount of taxes as certified by the Illinois | ||||||
9 | Department of Revenue and paid
under the Municipal Retailers' | ||||||
10 | Occupation Tax Act and the Municipal Service
Occupation Tax Act | ||||||
11 | by retailers and servicemen, on transactions at places
of | ||||||
12 | business located in the redevelopment project area or State | ||||||
13 | Sales Tax
Boundary, as the case may be, during the
base year | ||||||
14 | which shall be the calendar year immediately prior to the year | ||||||
15 | in
which the municipality adopted tax increment allocation | ||||||
16 | financing. For
purposes of computing the aggregate amount of | ||||||
17 | such taxes for base years
occurring prior to 1985, the | ||||||
18 | Department of Revenue shall determine the
Initial Sales Tax | ||||||
19 | Amounts for such taxes and deduct therefrom an amount
equal to | ||||||
20 | 4% of the aggregate amount of taxes per year for each year the
| ||||||
21 | base year is prior to 1985, but not to exceed a total deduction | ||||||
22 | of 12%.
The amount so determined shall be known as the | ||||||
23 | "Adjusted Initial Sales Tax
Amounts". For purposes of | ||||||
24 | determining the Municipal Sales Tax Increment,
the Department | ||||||
25 | of Revenue shall for each period subtract from the amount
paid | ||||||
26 | to the municipality from the Local Government Tax Fund arising |
| |||||||
| |||||||
1 | from
sales by retailers and servicemen on transactions
located | ||||||
2 | in the redevelopment project area or the State Sales Tax | ||||||
3 | Boundary,
as the case may be, the certified Initial Sales Tax
| ||||||
4 | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | ||||||
5 | Initial
Sales Tax Amounts for the Municipal Retailers'
| ||||||
6 | Occupation Tax Act and the Municipal Service
Occupation Tax | ||||||
7 | Act. For the State Fiscal Year 1989, this calculation shall
be | ||||||
8 | made by utilizing the calendar year 1987 to determine the tax | ||||||
9 | amounts
received. For the State Fiscal Year 1990, this | ||||||
10 | calculation shall be made
by utilizing the period from January | ||||||
11 | 1, 1988, until September 30, 1988, to
determine the tax amounts | ||||||
12 | received from retailers and servicemen pursuant
to the | ||||||
13 | Municipal Retailers' Occupation Tax and the Municipal Service
| ||||||
14 | Occupation Tax Act, which shall have deducted therefrom
| ||||||
15 | nine-twelfths of the certified Initial Sales Tax Amounts, the | ||||||
16 | Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales | ||||||
17 | Tax Amounts as appropriate.
For the State Fiscal Year 1991, | ||||||
18 | this calculation shall be made by utilizing
the period from | ||||||
19 | October 1, 1988, to June 30, 1989, to determine the tax
amounts | ||||||
20 | received from retailers and servicemen pursuant to the | ||||||
21 | Municipal
Retailers' Occupation Tax and the Municipal Service | ||||||
22 | Occupation Tax Act
which shall have deducted therefrom | ||||||
23 | nine-twelfths of the
certified Initial Sales Tax Amounts, | ||||||
24 | Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales | ||||||
25 | Tax Amounts as appropriate. For every
State Fiscal Year | ||||||
26 | thereafter, the applicable period shall be the 12 months
|
| |||||||
| |||||||
1 | beginning July 1 and ending June 30 to determine the tax | ||||||
2 | amounts received
which shall have deducted therefrom the | ||||||
3 | certified Initial Sales Tax
Amounts, the Adjusted Initial Sales | ||||||
4 | Tax Amounts or the Revised Initial
Sales Tax Amounts, as the | ||||||
5 | case may be.
| ||||||
6 | (i) "Net State Sales Tax Increment" means the sum of the | ||||||
7 | following: (a)
80% of the first $100,000 of State Sales Tax | ||||||
8 | Increment annually generated
within a State Sales Tax Boundary; | ||||||
9 | (b) 60% of the amount in excess of
$100,000 but not exceeding | ||||||
10 | $500,000 of State Sales Tax Increment annually
generated within | ||||||
11 | a State Sales Tax Boundary; and (c) 40% of all amounts in
| ||||||
12 | excess of $500,000 of State Sales Tax Increment annually | ||||||
13 | generated within a
State Sales Tax Boundary. If, however, a | ||||||
14 | municipality established a tax
increment financing district in | ||||||
15 | a county with a population in excess of
3,000,000 before | ||||||
16 | January 1, 1986, and the municipality entered into a
contract | ||||||
17 | or issued bonds after January 1, 1986, but before December 31, | ||||||
18 | 1986,
to finance redevelopment project costs within a State | ||||||
19 | Sales Tax
Boundary, then the Net State Sales Tax Increment | ||||||
20 | means, for the fiscal years
beginning July 1, 1990, and July 1, | ||||||
21 | 1991, 100% of the State Sales Tax
Increment annually generated | ||||||
22 | within a State Sales Tax Boundary; and
notwithstanding any | ||||||
23 | other provision of this Act, for those fiscal years the
| ||||||
24 | Department of Revenue shall distribute to those municipalities | ||||||
25 | 100% of
their Net State Sales Tax Increment before any | ||||||
26 | distribution to any other
municipality and regardless of |
| |||||||
| |||||||
1 | whether or not those other municipalities
will receive 100% of | ||||||
2 | their Net State Sales Tax Increment. For Fiscal Year
1999, and | ||||||
3 | every year thereafter until the year 2007, for any municipality
| ||||||
4 | that has not entered into a contract or has not issued bonds | ||||||
5 | prior to June
1, 1988 to finance redevelopment project costs | ||||||
6 | within a State Sales Tax
Boundary, the Net State Sales Tax | ||||||
7 | Increment shall be calculated as follows:
By multiplying the | ||||||
8 | Net State Sales Tax Increment by 90% in the State Fiscal
Year | ||||||
9 | 1999; 80% in the State Fiscal Year 2000; 70% in the State | ||||||
10 | Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the | ||||||
11 | State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% | ||||||
12 | in the State Fiscal Year 2005; 20% in
the State Fiscal Year | ||||||
13 | 2006; and 10% in the State Fiscal Year 2007. No
payment shall | ||||||
14 | be made for State Fiscal Year 2008 and thereafter.
| ||||||
15 | Municipalities that issued bonds in connection with a | ||||||
16 | redevelopment project
in a redevelopment project area within | ||||||
17 | the State Sales Tax Boundary prior to
July 29, 1991,
or that | ||||||
18 | entered into contracts in connection with a redevelopment | ||||||
19 | project in
a redevelopment project area before June 1, 1988,
| ||||||
20 | shall continue to receive their proportional share of the
| ||||||
21 | Illinois Tax Increment Fund distribution until the date on | ||||||
22 | which the
redevelopment project is completed or terminated.
If, | ||||||
23 | however, a municipality that issued bonds in connection with a
| ||||||
24 | redevelopment project in a redevelopment project area within | ||||||
25 | the State Sales
Tax Boundary prior to July 29, 1991 retires the | ||||||
26 | bonds prior to June 30, 2007 or
a municipality that entered |
| |||||||
| |||||||
1 | into contracts in connection with a redevelopment
project in a | ||||||
2 | redevelopment project area before June 1, 1988 completes the
| ||||||
3 | contracts prior to June 30, 2007, then so long as the | ||||||
4 | redevelopment project is
not
completed or is not terminated, | ||||||
5 | the Net State Sales Tax Increment shall be
calculated, | ||||||
6 | beginning on the date on which the bonds are retired or the
| ||||||
7 | contracts are completed, as follows: By multiplying the Net | ||||||
8 | State Sales Tax
Increment by 60% in the State Fiscal Year
2002; | ||||||
9 | 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year | ||||||
10 | 2004; 30%
in the State Fiscal Year 2005; 20% in the State | ||||||
11 | Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No | ||||||
12 | payment shall be made for State Fiscal Year
2008 and | ||||||
13 | thereafter.
Refunding of any bonds issued
prior to July 29, | ||||||
14 | 1991, shall not alter the Net State Sales Tax Increment.
| ||||||
15 | (j) "State Utility Tax Increment Amount" means an amount | ||||||
16 | equal to the
aggregate increase in State electric and gas tax | ||||||
17 | charges imposed on owners
and tenants, other than residential | ||||||
18 | customers, of properties located within
the redevelopment | ||||||
19 | project area under Section 9-222 of the Public Utilities
Act, | ||||||
20 | over and above the aggregate of such charges as certified by | ||||||
21 | the
Department of Revenue and paid by owners and tenants, other | ||||||
22 | than
residential customers, of properties within the | ||||||
23 | redevelopment project area
during the base year, which shall be | ||||||
24 | the calendar year immediately prior to
the year of the adoption | ||||||
25 | of the ordinance authorizing tax increment allocation
| ||||||
26 | financing.
|
| |||||||
| |||||||
1 | (k) "Net State Utility Tax Increment" means the sum of the | ||||||
2 | following:
(a) 80% of the first $100,000 of State Utility Tax | ||||||
3 | Increment annually
generated by a redevelopment project area; | ||||||
4 | (b) 60% of the amount in excess
of $100,000 but not exceeding | ||||||
5 | $500,000 of the State Utility Tax Increment
annually generated | ||||||
6 | by a redevelopment project area; and (c) 40% of all
amounts in | ||||||
7 | excess of $500,000 of State Utility Tax Increment annually
| ||||||
8 | generated by a redevelopment project area. For the State Fiscal | ||||||
9 | Year 1999,
and every year thereafter until the year 2007, for | ||||||
10 | any municipality that
has not entered into a contract or has | ||||||
11 | not issued bonds prior to June 1,
1988 to finance redevelopment | ||||||
12 | project costs within a redevelopment project
area, the Net | ||||||
13 | State Utility Tax Increment shall be calculated as follows:
By | ||||||
14 | multiplying the Net State Utility Tax Increment by 90% in the | ||||||
15 | State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% | ||||||
16 | in the State
Fiscal Year 2001; 60% in the State Fiscal Year | ||||||
17 | 2002; 50% in the State
Fiscal Year 2003; 40% in the State | ||||||
18 | Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the | ||||||
19 | State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. | ||||||
20 | No payment shall be made for the State Fiscal Year 2008
and | ||||||
21 | thereafter.
| ||||||
22 | Municipalities that issue bonds in connection with the | ||||||
23 | redevelopment project
during the period from June 1, 1988 until | ||||||
24 | 3 years after the effective date
of this Amendatory Act of 1988 | ||||||
25 | shall receive the Net State Utility Tax
Increment, subject to | ||||||
26 | appropriation, for 15 State Fiscal Years after the
issuance of |
| |||||||
| |||||||
1 | such bonds. For the 16th through the 20th State Fiscal Years
| ||||||
2 | after issuance of the bonds, the Net State Utility Tax | ||||||
3 | Increment shall be
calculated as follows: By multiplying the | ||||||
4 | Net State Utility Tax Increment
by 90% in year 16; 80% in year | ||||||
5 | 17; 70% in year 18; 60% in year 19; and 50%
in year 20. | ||||||
6 | Refunding of any bonds issued prior to June 1, 1988, shall not
| ||||||
7 | alter the revised Net State Utility Tax Increment payments set | ||||||
8 | forth above.
| ||||||
9 | (l) "Obligations" mean bonds, loans, debentures, notes, | ||||||
10 | special certificates
or other evidence of indebtedness issued | ||||||
11 | by the municipality to carry out
a redevelopment project or to | ||||||
12 | refund outstanding obligations.
| ||||||
13 | (m) "Payment in lieu of taxes" means those estimated tax | ||||||
14 | revenues from
real property in a redevelopment project area | ||||||
15 | derived from real property that
has been acquired by a | ||||||
16 | municipality
which according to the redevelopment project or | ||||||
17 | plan is to be used for a
private use which taxing districts | ||||||
18 | would have received had a municipality
not acquired the real | ||||||
19 | property and adopted tax increment allocation
financing and | ||||||
20 | which would result from
levies made after the time of the | ||||||
21 | adoption of tax increment allocation
financing to the time the | ||||||
22 | current equalized value of real property in the
redevelopment | ||||||
23 | project area exceeds the total initial equalized value of
real | ||||||
24 | property in said area.
| ||||||
25 | (n) "Redevelopment plan" means the comprehensive program | ||||||
26 | of
the municipality for development or redevelopment intended |
| |||||||
| |||||||
1 | by the payment of
redevelopment project costs to reduce or | ||||||
2 | eliminate those conditions the
existence of which qualified the | ||||||
3 | redevelopment project area as
a "blighted
area" or | ||||||
4 | "conservation area" or combination thereof or "industrial park
| ||||||
5 | conservation area," and thereby to enhance the tax bases of the | ||||||
6 | taxing
districts which extend into the redevelopment project | ||||||
7 | area, provided that, with respect to redevelopment project | ||||||
8 | areas described in subsections (p-1) and (p-2), "redevelopment | ||||||
9 | plan" means the comprehensive program of the affected | ||||||
10 | municipality for the development of qualifying transit | ||||||
11 | facilities.
On and after November 1, 1999 (the effective date | ||||||
12 | of
Public Act 91-478), no
redevelopment plan may be approved or | ||||||
13 | amended that includes the development of
vacant land (i) with a | ||||||
14 | golf course and related clubhouse and other facilities
or (ii) | ||||||
15 | designated by federal, State, county, or municipal government | ||||||
16 | as public
land for outdoor recreational activities or for | ||||||
17 | nature preserves and used for
that purpose within 5
years prior | ||||||
18 | to the adoption of the redevelopment plan. For the purpose of
| ||||||
19 | this subsection, "recreational activities" is limited to mean | ||||||
20 | camping and
hunting.
Each
redevelopment plan shall set forth in | ||||||
21 | writing the program to be undertaken
to accomplish the | ||||||
22 | objectives and shall include but not be limited to:
| ||||||
23 | (A) an itemized list of estimated redevelopment | ||||||
24 | project costs;
| ||||||
25 | (B) evidence indicating that the redevelopment project | ||||||
26 | area on the whole
has not been subject to growth and |
| |||||||
| |||||||
1 | development through investment by private
enterprise, | ||||||
2 | provided that such evidence shall not be required for any | ||||||
3 | redevelopment project area located within a transit | ||||||
4 | facility improvement area established pursuant to Section | ||||||
5 | 11-74.4-3.3;
| ||||||
6 | (C) an assessment of any financial impact of the | ||||||
7 | redevelopment project
area on or any increased demand for | ||||||
8 | services from any taxing district affected
by the plan and | ||||||
9 | any program to address such financial impact or increased
| ||||||
10 | demand;
| ||||||
11 | (D) the sources of funds to pay costs;
| ||||||
12 | (E) the nature and term of the obligations to be | ||||||
13 | issued;
| ||||||
14 | (F) the most recent equalized assessed valuation of the | ||||||
15 | redevelopment
project area;
| ||||||
16 | (G) an estimate as to the equalized assessed valuation | ||||||
17 | after redevelopment
and the general land uses to apply in | ||||||
18 | the redevelopment project area;
| ||||||
19 | (H) a commitment to fair employment practices and an | ||||||
20 | affirmative action
plan;
| ||||||
21 | (I) if it concerns an industrial park
conservation | ||||||
22 | area, the plan shall
also include a general description
of | ||||||
23 | any proposed developer, user and tenant of any property, a | ||||||
24 | description
of the type, structure and general character of | ||||||
25 | the facilities to be
developed, a description of the type, | ||||||
26 | class and number of new employees to
be employed in the |
| |||||||
| |||||||
1 | operation of the facilities to be developed; and
| ||||||
2 | (J) if property is to be annexed to the municipality, | ||||||
3 | the plan shall
include the terms of the annexation | ||||||
4 | agreement.
| ||||||
5 | The provisions of items (B) and (C) of this subsection (n) | ||||||
6 | shall not apply to
a municipality that before March 14, 1994 | ||||||
7 | (the effective date of Public Act
88-537) had fixed, either by | ||||||
8 | its
corporate authorities or by a commission designated under | ||||||
9 | subsection (k) of
Section 11-74.4-4, a time and place for a | ||||||
10 | public hearing as required by
subsection (a) of Section | ||||||
11 | 11-74.4-5.
No redevelopment plan shall be adopted unless a
| ||||||
12 | municipality complies with all of the following requirements:
| ||||||
13 | (1) The municipality finds that the redevelopment | ||||||
14 | project area on
the whole has not been subject to growth | ||||||
15 | and development through investment
by private enterprise | ||||||
16 | and would not reasonably be anticipated to be
developed | ||||||
17 | without the adoption of the redevelopment plan, provided, | ||||||
18 | however, that such a finding shall not be required with | ||||||
19 | respect to any redevelopment project area located within a | ||||||
20 | transit facility improvement area established pursuant to | ||||||
21 | Section 11-74.4-3.3.
| ||||||
22 | (2) The municipality finds that the redevelopment plan | ||||||
23 | and project conform
to the comprehensive plan for the | ||||||
24 | development of the municipality as a whole,
or, for | ||||||
25 | municipalities with a population of 100,000 or more, | ||||||
26 | regardless of when
the redevelopment plan and project was |
| |||||||
| |||||||
1 | adopted, the redevelopment plan and
project either: (i) | ||||||
2 | conforms to the strategic economic development or
| ||||||
3 | redevelopment plan issued by the designated planning | ||||||
4 | authority of the
municipality, or (ii) includes land uses | ||||||
5 | that have been approved by the
planning commission of the | ||||||
6 | municipality.
| ||||||
7 | (3) The redevelopment plan establishes the estimated | ||||||
8 | dates of completion
of the redevelopment project and | ||||||
9 | retirement of obligations issued to finance
redevelopment | ||||||
10 | project costs. Those dates may not be later than the dates | ||||||
11 | set forth under Section 11-74.4-3.5.
| ||||||
12 | A municipality may by municipal ordinance amend an | ||||||
13 | existing redevelopment
plan to conform to this paragraph | ||||||
14 | (3) as amended by Public Act 91-478, which
municipal | ||||||
15 | ordinance may be adopted without
further hearing or
notice | ||||||
16 | and without complying with the procedures provided in this | ||||||
17 | Act
pertaining to an amendment to or the initial approval | ||||||
18 | of a redevelopment plan
and project and
designation of a | ||||||
19 | redevelopment project area.
| ||||||
20 | (3.5) The municipality finds, in the case of an | ||||||
21 | industrial
park
conservation area, also that the | ||||||
22 | municipality is a labor surplus municipality
and that the | ||||||
23 | implementation of the redevelopment plan will reduce | ||||||
24 | unemployment,
create new jobs and by the provision of new | ||||||
25 | facilities enhance the tax base of
the taxing districts | ||||||
26 | that extend into the redevelopment project area.
|
| |||||||
| |||||||
1 | (4) If any incremental revenues are being utilized | ||||||
2 | under
Section 8(a)(1)
or 8(a)(2) of this Act in | ||||||
3 | redevelopment project areas approved by ordinance
after | ||||||
4 | January 1, 1986, the municipality finds: (a) that the | ||||||
5 | redevelopment
project area would not reasonably be | ||||||
6 | developed without the use of such
incremental revenues, and | ||||||
7 | (b) that such incremental revenues will be
exclusively | ||||||
8 | utilized for the development of the redevelopment project | ||||||
9 | area.
| ||||||
10 | (5) If: (a)
the redevelopment plan will not result in
| ||||||
11 | displacement of
residents from 10 or more inhabited | ||||||
12 | residential units, and the
municipality certifies in the | ||||||
13 | plan that
such displacement will not result from the plan; | ||||||
14 | or (b) the redevelopment plan is for a redevelopment | ||||||
15 | project area located within a transit facility improvement | ||||||
16 | area established pursuant to Section 11-74.4-3.3, and the | ||||||
17 | applicable project is subject to the process for evaluation | ||||||
18 | of environmental effects under the National Environmental | ||||||
19 | Policy Act of 1969, 42 U.S.C. § 4321 et seq., then a | ||||||
20 | housing impact study
need not be performed.
If, however, | ||||||
21 | the redevelopment plan would result in the displacement
of
| ||||||
22 | residents from 10 or more inhabited
residential units,
or | ||||||
23 | if the redevelopment project area contains 75 or more | ||||||
24 | inhabited residential
units and no
certification is made,
| ||||||
25 | then the municipality shall prepare, as part of the | ||||||
26 | separate
feasibility report required by subsection (a) of |
| |||||||
| |||||||
1 | Section 11-74.4-5, a housing
impact study.
| ||||||
2 | Part I of the housing impact study shall include (i) | ||||||
3 | data as to whether
the residential units are single family | ||||||
4 | or multi-family units,
(ii) the number and type of rooms | ||||||
5 | within the units, if that information is
available, (iii) | ||||||
6 | whether
the
units are inhabited or uninhabited, as | ||||||
7 | determined not less than 45
days before the date that the | ||||||
8 | ordinance or resolution required
by subsection (a) of | ||||||
9 | Section 11-74.4-5 is passed, and (iv) data as to the
racial | ||||||
10 | and ethnic composition of the residents in the inhabited | ||||||
11 | residential
units. The data requirement as to the racial | ||||||
12 | and ethnic composition of the
residents in the inhabited | ||||||
13 | residential units shall be deemed to be fully
satisfied by | ||||||
14 | data from the most recent federal census.
| ||||||
15 | Part II of the housing impact study shall identify the | ||||||
16 | inhabited
residential units in the proposed redevelopment | ||||||
17 | project area that are to be or
may be removed. If inhabited | ||||||
18 | residential units are to be removed, then the
housing | ||||||
19 | impact study shall identify (i) the number and location of | ||||||
20 | those units
that will or may be removed, (ii) the | ||||||
21 | municipality's plans for relocation
assistance for those | ||||||
22 | residents in the proposed redevelopment project area
whose | ||||||
23 | residences are to be removed, (iii) the availability of | ||||||
24 | replacement
housing for those residents whose residences | ||||||
25 | are to be removed, and shall
identify the type, location, | ||||||
26 | and cost of the housing, and (iv) the type and
extent
of |
| |||||||
| |||||||
1 | relocation assistance to be provided.
| ||||||
2 | (6) On and after November 1, 1999, the
housing impact | ||||||
3 | study required by paragraph (5) shall be
incorporated in | ||||||
4 | the redevelopment plan for the
redevelopment project area.
| ||||||
5 | (7) On and after November 1, 1999, no
redevelopment | ||||||
6 | plan shall be adopted, nor an
existing plan amended, nor | ||||||
7 | shall residential housing that is
occupied by households of | ||||||
8 | low-income and very low-income
persons in currently | ||||||
9 | existing redevelopment project
areas be removed after | ||||||
10 | November 1, 1999 unless the redevelopment plan provides, | ||||||
11 | with
respect to inhabited housing units that are to be | ||||||
12 | removed for
households of low-income and very low-income | ||||||
13 | persons, affordable
housing and relocation assistance not | ||||||
14 | less than that which would
be provided under the federal | ||||||
15 | Uniform Relocation Assistance and
Real Property | ||||||
16 | Acquisition Policies Act of 1970 and the regulations
under | ||||||
17 | that Act, including the eligibility criteria.
Affordable | ||||||
18 | housing may be either existing or newly constructed
| ||||||
19 | housing. For purposes of this paragraph (7), "low-income
| ||||||
20 | households", "very low-income households", and "affordable
| ||||||
21 | housing" have the meanings set forth in the Illinois | ||||||
22 | Affordable
Housing Act.
The municipality shall make a good | ||||||
23 | faith effort to ensure that this affordable
housing is | ||||||
24 | located in or near the redevelopment project area within | ||||||
25 | the
municipality.
| ||||||
26 | (8) On and after November 1, 1999, if,
after the |
| |||||||
| |||||||
1 | adoption of the redevelopment plan for the
redevelopment | ||||||
2 | project area, any municipality desires to amend its
| ||||||
3 | redevelopment plan
to remove more inhabited residential | ||||||
4 | units than
specified in its original redevelopment plan, | ||||||
5 | that change shall be made in
accordance with the procedures | ||||||
6 | in subsection (c) of Section 11-74.4-5.
| ||||||
7 | (9) For redevelopment project areas designated prior | ||||||
8 | to November 1,
1999, the redevelopment plan may be amended | ||||||
9 | without further joint review board
meeting or hearing, | ||||||
10 | provided that the municipality shall give notice of any
| ||||||
11 | such changes by mail to each affected taxing district and | ||||||
12 | registrant on the
interested party registry, to authorize | ||||||
13 | the municipality to expend tax
increment revenues for | ||||||
14 | redevelopment project costs defined by paragraphs (5)
and | ||||||
15 | (7.5), subparagraphs (E) and (F) of paragraph (11), and | ||||||
16 | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, so | ||||||
17 | long as the changes do not increase the
total estimated | ||||||
18 | redevelopment project costs set out in the redevelopment | ||||||
19 | plan
by more than 5% after adjustment for inflation from | ||||||
20 | the date the plan was
adopted.
| ||||||
21 | (o) "Redevelopment project" means any public and private | ||||||
22 | development project
in furtherance of the objectives of a | ||||||
23 | redevelopment plan.
On and after November 1, 1999 (the | ||||||
24 | effective date of Public Act 91-478), no
redevelopment plan may | ||||||
25 | be approved or amended that includes the development
of vacant | ||||||
26 | land (i) with a golf course and related clubhouse and other
|
| |||||||
| |||||||
1 | facilities
or (ii) designated by federal, State, county, or | ||||||
2 | municipal government as public
land for outdoor recreational | ||||||
3 | activities or for nature preserves and used for
that purpose | ||||||
4 | within 5
years prior to the adoption of the redevelopment plan. | ||||||
5 | For the purpose of
this subsection, "recreational activities" | ||||||
6 | is limited to mean camping and
hunting.
| ||||||
7 | (p) "Redevelopment project area" means an area designated | ||||||
8 | by
the
municipality, which is not less in the aggregate than 1 | ||||||
9 | 1/2 acres and in
respect to which the municipality has made a | ||||||
10 | finding that there exist
conditions which cause the area to be | ||||||
11 | classified as an industrial park
conservation area or a | ||||||
12 | blighted area or a conservation area, or a
combination of both | ||||||
13 | blighted areas and conservation areas.
| ||||||
14 | (p-1) Notwithstanding any provision of this Act to the | ||||||
15 | contrary, on and after August 25, 2009 (the effective date of | ||||||
16 | Public Act 96-680), a redevelopment project area may include | ||||||
17 | areas within a one-half mile radius of an existing or proposed | ||||||
18 | Regional Transportation Authority Suburban Transit Access | ||||||
19 | Route (STAR Line) station without a finding that the area is | ||||||
20 | classified as an industrial park conservation area, a blighted | ||||||
21 | area, a conservation area, or a combination thereof, but only | ||||||
22 | if the municipality receives unanimous consent from the joint | ||||||
23 | review board created to review the proposed redevelopment | ||||||
24 | project area. | ||||||
25 | (p-2) Notwithstanding any provision of this Act to the | ||||||
26 | contrary, on and after the effective date of this amendatory |
| |||||||
| |||||||
1 | Act of the 99th General Assembly, a redevelopment project area | ||||||
2 | may include areas within a transit facility improvement area | ||||||
3 | that has been established pursuant to Section 11-74.4-3.3 | ||||||
4 | without a finding that the area is classified as an industrial | ||||||
5 | park conservation area, a blighted area, a conservation area, | ||||||
6 | or any combination thereof. | ||||||
7 | (q) "Redevelopment project costs", except for | ||||||
8 | redevelopment project areas created pursuant to subsection | ||||||
9 | subsections (p-1) or (p-2), means and includes the sum total of | ||||||
10 | all
reasonable or necessary costs incurred or estimated to be | ||||||
11 | incurred, and
any such costs incidental to a redevelopment plan | ||||||
12 | and a redevelopment
project. Such costs include, without | ||||||
13 | limitation, the following:
| ||||||
14 | (1) Costs of studies, surveys, development of plans, | ||||||
15 | and
specifications, implementation and administration of | ||||||
16 | the redevelopment
plan including but not limited to staff | ||||||
17 | and professional service costs for
architectural, | ||||||
18 | engineering, legal, financial, planning or other
services, | ||||||
19 | provided however that no charges for professional services | ||||||
20 | may be
based on a percentage of the tax increment | ||||||
21 | collected; except that on and
after November 1, 1999 (the | ||||||
22 | effective date of Public Act 91-478), no
contracts for
| ||||||
23 | professional services, excluding architectural and | ||||||
24 | engineering services, may be
entered into if the terms of | ||||||
25 | the contract extend
beyond a period of 3 years. In | ||||||
26 | addition, "redevelopment project costs" shall
not include |
| |||||||
| |||||||
1 | lobbying expenses.
After consultation with the | ||||||
2 | municipality, each tax
increment consultant or advisor to a | ||||||
3 | municipality that plans to designate or
has designated a | ||||||
4 | redevelopment project area shall inform the municipality | ||||||
5 | in
writing of any contracts that the consultant or advisor | ||||||
6 | has entered into with
entities or individuals that have | ||||||
7 | received, or are receiving, payments financed
by tax
| ||||||
8 | increment revenues produced by the redevelopment project | ||||||
9 | area with respect to
which the consultant or advisor has | ||||||
10 | performed, or will be performing, service
for the
| ||||||
11 | municipality. This requirement shall be satisfied by the | ||||||
12 | consultant or advisor
before the commencement of services | ||||||
13 | for the municipality and thereafter
whenever any other | ||||||
14 | contracts with those individuals or entities are executed | ||||||
15 | by
the consultant or advisor;
| ||||||
16 | (1.5) After July 1, 1999, annual administrative costs | ||||||
17 | shall
not include general overhead or
administrative costs | ||||||
18 | of the municipality
that would still have been incurred by | ||||||
19 | the municipality if the municipality had
not
designated a | ||||||
20 | redevelopment project area or approved a redevelopment | ||||||
21 | plan;
| ||||||
22 | (1.6) The cost of
marketing sites within the | ||||||
23 | redevelopment project area to prospective
businesses, | ||||||
24 | developers, and investors;
| ||||||
25 | (2) Property assembly costs, including but not limited | ||||||
26 | to acquisition
of land and other property, real or |
| |||||||
| |||||||
1 | personal, or rights or interests therein,
demolition of | ||||||
2 | buildings, site preparation, site improvements that serve | ||||||
3 | as an
engineered barrier addressing ground level or below | ||||||
4 | ground environmental
contamination, including, but not | ||||||
5 | limited to parking lots and other concrete
or asphalt | ||||||
6 | barriers, and the clearing and grading of
land;
| ||||||
7 | (3) Costs of rehabilitation, reconstruction or repair | ||||||
8 | or remodeling of
existing public or private buildings, | ||||||
9 | fixtures, and leasehold
improvements; and the cost of | ||||||
10 | replacing
an existing public building if pursuant to the | ||||||
11 | implementation of a
redevelopment project the existing | ||||||
12 | public building is to be demolished to use
the site for | ||||||
13 | private investment or
devoted to a different use requiring | ||||||
14 | private investment; including any direct or indirect costs | ||||||
15 | relating to Green Globes or LEED certified construction | ||||||
16 | elements or construction elements with an equivalent | ||||||
17 | certification;
| ||||||
18 | (4) Costs of the construction of public works or | ||||||
19 | improvements, including any direct or indirect costs | ||||||
20 | relating to Green Globes or LEED certified construction | ||||||
21 | elements or construction elements with an equivalent | ||||||
22 | certification, except
that on and after November 1, 1999,
| ||||||
23 | redevelopment
project costs shall not include the cost of | ||||||
24 | constructing a
new municipal public building principally | ||||||
25 | used to provide
offices, storage space, or conference | ||||||
26 | facilities or vehicle storage,
maintenance, or repair for |
| |||||||
| |||||||
1 | administrative,
public safety, or public works personnel
| ||||||
2 | and that is not intended to replace an existing
public | ||||||
3 | building as provided under paragraph (3) of subsection (q) | ||||||
4 | of Section
11-74.4-3
unless either (i) the construction of | ||||||
5 | the new municipal building
implements a redevelopment | ||||||
6 | project that was included in a redevelopment plan
that was | ||||||
7 | adopted by the municipality prior to November 1, 1999, (ii) | ||||||
8 | the
municipality makes a reasonable
determination in the | ||||||
9 | redevelopment plan, supported by information that provides
| ||||||
10 | the basis for that determination, that the new municipal | ||||||
11 | building is required
to meet an increase in the need for | ||||||
12 | public safety purposes anticipated to
result from the | ||||||
13 | implementation of the redevelopment plan, or (iii) the new | ||||||
14 | municipal public building is for the storage, maintenance, | ||||||
15 | or repair of transit vehicles and is located in a transit | ||||||
16 | facility improvement area that has been established | ||||||
17 | pursuant to Section 11-74.4-3.3;
| ||||||
18 | (5) Costs of job training and retraining projects, | ||||||
19 | including the cost of
"welfare to work" programs | ||||||
20 | implemented by businesses located within the
redevelopment | ||||||
21 | project area;
| ||||||
22 | (6) Financing costs, including but not limited to all | ||||||
23 | necessary and
incidental expenses related to the issuance | ||||||
24 | of obligations and which may
include payment of interest on | ||||||
25 | any obligations issued hereunder including
interest | ||||||
26 | accruing
during the estimated period of construction of any |
| |||||||
| |||||||
1 | redevelopment project
for which such obligations are | ||||||
2 | issued and for not exceeding 36 months
thereafter and | ||||||
3 | including reasonable reserves related thereto;
| ||||||
4 | (7) To the extent the municipality by written agreement | ||||||
5 | accepts and
approves
the same, all or a portion of a taxing | ||||||
6 | district's capital costs resulting
from the redevelopment | ||||||
7 | project necessarily incurred or to be incurred within a
| ||||||
8 | taxing district in
furtherance of the objectives of the | ||||||
9 | redevelopment plan and project ; .
| ||||||
10 | (7.5) For redevelopment project areas designated (or | ||||||
11 | redevelopment
project areas amended to add or increase the | ||||||
12 | number of
tax-increment-financing assisted housing units) | ||||||
13 | on or after November 1,
1999,
an elementary, secondary,
or | ||||||
14 | unit school
district's increased costs attributable to | ||||||
15 | assisted housing units located
within the
redevelopment | ||||||
16 | project area for which the developer or redeveloper | ||||||
17 | receives
financial assistance through an agreement with | ||||||
18 | the municipality or because the
municipality incurs the | ||||||
19 | cost of necessary infrastructure improvements within
the | ||||||
20 | boundaries of the assisted housing sites necessary for the | ||||||
21 | completion of
that housing
as authorized by this Act, and | ||||||
22 | which costs shall be paid by the municipality
from the | ||||||
23 | Special Tax Allocation Fund when the tax increment revenue | ||||||
24 | is received
as a result of the assisted housing units and | ||||||
25 | shall be calculated annually as
follows:
| ||||||
26 | (A) for foundation districts, excluding any school |
| |||||||
| |||||||
1 | district in a
municipality with a population in excess | ||||||
2 | of 1,000,000, by multiplying the
district's increase | ||||||
3 | in attendance resulting from the net increase in new
| ||||||
4 | students enrolled in that school district who reside in | ||||||
5 | housing units within
the redevelopment project area | ||||||
6 | that have received financial assistance through
an | ||||||
7 | agreement with the municipality or because the | ||||||
8 | municipality incurs the cost
of necessary | ||||||
9 | infrastructure improvements within the boundaries of | ||||||
10 | the housing
sites necessary for the completion of that | ||||||
11 | housing as authorized by this Act
since the designation | ||||||
12 | of the redevelopment project area by the most recently
| ||||||
13 | available per capita tuition cost as defined in Section | ||||||
14 | 10-20.12a of the School
Code less any increase in | ||||||
15 | general State aid as defined in Section 18-8.05 of
the | ||||||
16 | School Code or evidence-based funding as defined in | ||||||
17 | Section 18-8.15 of the School Code attributable to | ||||||
18 | these added new students subject to the
following | ||||||
19 | annual limitations:
| ||||||
20 | (i) for unit school districts with a district | ||||||
21 | average 1995-96 Per
Capita
Tuition Charge of less | ||||||
22 | than $5,900, no more than 25% of the total amount | ||||||
23 | of
property tax increment revenue produced by | ||||||
24 | those housing units that have
received tax | ||||||
25 | increment finance assistance under this Act;
| ||||||
26 | (ii) for elementary school districts with a |
| |||||||
| |||||||
1 | district average 1995-96
Per
Capita Tuition Charge | ||||||
2 | of less than $5,900, no more than 17% of the total | ||||||
3 | amount
of property tax increment revenue produced | ||||||
4 | by those housing units that have
received tax | ||||||
5 | increment finance assistance under this Act; and
| ||||||
6 | (iii) for secondary school districts with a | ||||||
7 | district average 1995-96
Per
Capita Tuition Charge | ||||||
8 | of less than $5,900, no more than 8% of the total | ||||||
9 | amount
of property tax increment revenue produced | ||||||
10 | by those housing units that have
received tax | ||||||
11 | increment finance assistance under this Act.
| ||||||
12 | (B) For alternate method districts, flat grant | ||||||
13 | districts, and foundation
districts with a district | ||||||
14 | average 1995-96 Per Capita Tuition Charge equal to or
| ||||||
15 | more than $5,900, excluding any school district with a | ||||||
16 | population in excess of
1,000,000, by multiplying the | ||||||
17 | district's increase in attendance
resulting
from the | ||||||
18 | net increase in new students enrolled in that school | ||||||
19 | district who
reside in
housing units within the | ||||||
20 | redevelopment project area that have received
| ||||||
21 | financial assistance through an agreement with the | ||||||
22 | municipality or because the
municipality incurs the | ||||||
23 | cost of necessary infrastructure improvements within
| ||||||
24 | the boundaries of the housing sites necessary for the | ||||||
25 | completion of that
housing as authorized by this Act | ||||||
26 | since the designation of the redevelopment
project |
| |||||||
| |||||||
1 | area by the most recently available per capita tuition | ||||||
2 | cost as defined
in Section 10-20.12a of the School Code | ||||||
3 | less any increase in general state aid
as defined in | ||||||
4 | Section 18-8.05 of the School Code or evidence-based | ||||||
5 | funding as defined in Section 18-8.15 of the School | ||||||
6 | Code attributable to these added
new students subject | ||||||
7 | to the following annual limitations:
| ||||||
8 | (i) for unit school districts, no more than 40% | ||||||
9 | of the total amount of
property tax increment | ||||||
10 | revenue produced by those housing units that have
| ||||||
11 | received tax increment finance assistance under | ||||||
12 | this Act;
| ||||||
13 | (ii) for elementary school districts, no more | ||||||
14 | than 27% of the total
amount
of property tax | ||||||
15 | increment revenue produced by those housing units | ||||||
16 | that have
received tax increment finance | ||||||
17 | assistance under this Act; and
| ||||||
18 | (iii) for secondary school districts, no more | ||||||
19 | than 13% of the total
amount
of property tax | ||||||
20 | increment revenue produced by those housing units | ||||||
21 | that have
received tax increment finance | ||||||
22 | assistance under this Act.
| ||||||
23 | (C) For any school district in a municipality with | ||||||
24 | a population in
excess of
1,000,000, the following | ||||||
25 | restrictions shall apply to the
reimbursement of | ||||||
26 | increased costs under this paragraph (7.5):
|
| |||||||
| |||||||
1 | (i) no increased costs shall be reimbursed | ||||||
2 | unless the school district
certifies that each of | ||||||
3 | the schools affected by the assisted housing | ||||||
4 | project
is at or over its student capacity;
| ||||||
5 | (ii) the amount reimbursable shall be reduced | ||||||
6 | by the value of any
land
donated to the school | ||||||
7 | district by the municipality or developer, and by | ||||||
8 | the
value of any physical improvements made to the | ||||||
9 | schools by the
municipality or developer; and
| ||||||
10 | (iii) the amount reimbursed may not affect | ||||||
11 | amounts otherwise obligated
by
the terms of any | ||||||
12 | bonds, notes, or other funding instruments, or the | ||||||
13 | terms of
any redevelopment agreement.
| ||||||
14 | Any school district seeking payment under this | ||||||
15 | paragraph (7.5) shall,
after July 1 and before | ||||||
16 | September 30 of each year,
provide the municipality | ||||||
17 | with reasonable evidence to support its claim for
| ||||||
18 | reimbursement before the municipality shall be | ||||||
19 | required to approve or make
the payment to the school | ||||||
20 | district. If the school district fails to provide
the | ||||||
21 | information during this period in any year, it shall | ||||||
22 | forfeit any claim to
reimbursement for that year. | ||||||
23 | School districts may adopt a resolution
waiving the | ||||||
24 | right to all or a portion of the reimbursement | ||||||
25 | otherwise required
by this paragraph
(7.5). By | ||||||
26 | acceptance of this reimbursement the school
district |
| |||||||
| |||||||
1 | waives the right to directly or indirectly set aside, | ||||||
2 | modify, or
contest in any manner the establishment of | ||||||
3 | the redevelopment project area or
projects;
| ||||||
4 | (7.7) For redevelopment project areas designated (or | ||||||
5 | redevelopment
project areas amended to add or increase the | ||||||
6 | number of
tax-increment-financing assisted housing units) | ||||||
7 | on or after
January 1, 2005 (the effective date of Public | ||||||
8 | Act 93-961),
a public library
district's increased costs | ||||||
9 | attributable to assisted housing units located
within the
| ||||||
10 | redevelopment project area for which the developer or | ||||||
11 | redeveloper receives
financial assistance through an | ||||||
12 | agreement with the municipality or because the
| ||||||
13 | municipality incurs the cost of necessary infrastructure | ||||||
14 | improvements within
the boundaries of the assisted housing | ||||||
15 | sites necessary for the completion of
that housing
as | ||||||
16 | authorized by this Act shall be paid to the library | ||||||
17 | district by the
municipality
from the Special Tax | ||||||
18 | Allocation Fund when the tax increment revenue is received
| ||||||
19 | as a result of the assisted housing units. This paragraph | ||||||
20 | (7.7) applies only if (i) the library district is located | ||||||
21 | in a county that is subject to the Property Tax Extension | ||||||
22 | Limitation Law or (ii) the library district is not located | ||||||
23 | in a county that is subject to the Property Tax Extension | ||||||
24 | Limitation Law but the district is prohibited by any other | ||||||
25 | law from increasing its tax levy rate without a prior voter | ||||||
26 | referendum.
|
| |||||||
| |||||||
1 | The amount paid to a library district under this | ||||||
2 | paragraph (7.7) shall be
calculated
by multiplying (i) the | ||||||
3 | net increase in the number of persons eligible to obtain
a
| ||||||
4 | library card
in that district who reside in housing units | ||||||
5 | within
the redevelopment project area that have received | ||||||
6 | financial assistance through
an agreement with the | ||||||
7 | municipality or because the municipality incurs the cost
of | ||||||
8 | necessary infrastructure improvements within the | ||||||
9 | boundaries of the housing
sites necessary for the | ||||||
10 | completion of that housing as authorized by this Act
since | ||||||
11 | the designation of the redevelopment project area by (ii)
| ||||||
12 | the per-patron cost of providing library services so long | ||||||
13 | as it does not exceed $120.
The per-patron cost shall be | ||||||
14 | the Total Operating Expenditures Per Capita for the library | ||||||
15 | in the previous fiscal year.
The municipality may deduct | ||||||
16 | from the amount that it must pay to a library district | ||||||
17 | under this paragraph any amount that it has voluntarily | ||||||
18 | paid to the library district from the tax increment | ||||||
19 | revenue. The amount paid to a library district under this | ||||||
20 | paragraph (7.7) shall be no
more
than 2% of the amount | ||||||
21 | produced by the assisted housing units and deposited into | ||||||
22 | the Special Tax Allocation Fund.
| ||||||
23 | A library district is not eligible for any payment | ||||||
24 | under this paragraph
(7.7)
unless the library district has | ||||||
25 | experienced an increase in the
number of patrons from the | ||||||
26 | municipality that created the tax-increment-financing |
| |||||||
| |||||||
1 | district since the designation of the redevelopment | ||||||
2 | project area.
| ||||||
3 | Any library district seeking payment under this | ||||||
4 | paragraph (7.7) shall,
after July 1 and before September 30 | ||||||
5 | of each year,
provide the municipality with convincing | ||||||
6 | evidence to support its claim for
reimbursement before the | ||||||
7 | municipality shall be required to approve or make
the | ||||||
8 | payment to the library district. If the library district | ||||||
9 | fails to provide
the information during this period in any | ||||||
10 | year, it shall forfeit any claim to
reimbursement for that | ||||||
11 | year. Library districts may adopt a resolution
waiving the | ||||||
12 | right to all or a portion of the reimbursement otherwise | ||||||
13 | required by this paragraph (7.7). By acceptance of such | ||||||
14 | reimbursement, the library district shall forfeit any | ||||||
15 | right to directly or indirectly set aside, modify, or | ||||||
16 | contest in any manner whatsoever the establishment of the | ||||||
17 | redevelopment project area or
projects; | ||||||
18 | (8) Relocation costs to the extent that a municipality | ||||||
19 | determines that
relocation costs shall be paid or is | ||||||
20 | required to make payment of relocation
costs by federal or | ||||||
21 | State law or in order to satisfy subparagraph (7) of
| ||||||
22 | subsection (n);
| ||||||
23 | (9) Payment in lieu of taxes;
| ||||||
24 | (10) Costs of job training, retraining, advanced | ||||||
25 | vocational education
or career
education, including but | ||||||
26 | not limited to courses in occupational,
semi-technical or |
| |||||||
| |||||||
1 | technical fields leading directly to employment, incurred
| ||||||
2 | by one or more taxing districts, provided that such costs | ||||||
3 | (i) are related
to the establishment and maintenance of | ||||||
4 | additional job training, advanced
vocational education or | ||||||
5 | career education programs for persons employed or
to be | ||||||
6 | employed by employers located in a redevelopment project | ||||||
7 | area; and
(ii) when incurred by a taxing district or taxing | ||||||
8 | districts other than the
municipality, are set forth in a | ||||||
9 | written agreement by or among the
municipality and the | ||||||
10 | taxing district or taxing districts, which agreement
| ||||||
11 | describes the program to be undertaken, including but not | ||||||
12 | limited to the
number of employees to be trained, a | ||||||
13 | description of the training and
services to be provided, | ||||||
14 | the number and type of positions available or to
be | ||||||
15 | available, itemized costs of the program and sources of | ||||||
16 | funds to pay for the
same, and the term of the agreement. | ||||||
17 | Such costs include, specifically, the
payment by community | ||||||
18 | college districts of costs pursuant to Sections 3-37,
3-38, | ||||||
19 | 3-40 and 3-40.1 of the Public Community College Act and by | ||||||
20 | school
districts of costs pursuant to Sections 10-22.20a | ||||||
21 | and 10-23.3a of the The School
Code;
| ||||||
22 | (11) Interest cost incurred by a redeveloper related to | ||||||
23 | the
construction, renovation or rehabilitation of a | ||||||
24 | redevelopment project
provided that:
| ||||||
25 | (A) such costs are to be paid directly from the | ||||||
26 | special tax
allocation fund established pursuant to |
| |||||||
| |||||||
1 | this Act;
| ||||||
2 | (B) such payments in any one year may not exceed | ||||||
3 | 30% of the annual
interest costs incurred by the | ||||||
4 | redeveloper with regard to the redevelopment
project | ||||||
5 | during that year;
| ||||||
6 | (C) if there are not sufficient funds available in | ||||||
7 | the special tax
allocation fund to make the payment | ||||||
8 | pursuant to this paragraph (11) then
the amounts so due | ||||||
9 | shall accrue and be payable when sufficient funds are
| ||||||
10 | available in the special tax allocation fund;
| ||||||
11 | (D) the total of such interest payments paid | ||||||
12 | pursuant to this Act
may not exceed 30% of the total | ||||||
13 | (i) cost paid or incurred by the
redeveloper for the | ||||||
14 | redevelopment project plus (ii) redevelopment project
| ||||||
15 | costs excluding any property assembly costs and any | ||||||
16 | relocation costs
incurred by a municipality pursuant | ||||||
17 | to this Act; and
| ||||||
18 | (E) the cost limits set forth in subparagraphs (B) | ||||||
19 | and (D) of
paragraph (11) shall be modified for the | ||||||
20 | financing of rehabilitated or
new housing units for | ||||||
21 | low-income households and very low-income households, | ||||||
22 | as
defined in
Section 3 of the Illinois Affordable | ||||||
23 | Housing Act. The percentage of
75% shall be substituted | ||||||
24 | for 30% in subparagraphs (B) and (D) of
paragraph (11) ; | ||||||
25 | and .
| ||||||
26 | (F) instead Instead of the eligible costs provided |
| |||||||
| |||||||
1 | by subparagraphs (B) and (D)
of
paragraph (11), as | ||||||
2 | modified by this subparagraph, and notwithstanding
any | ||||||
3 | other provisions of this Act to the contrary, the | ||||||
4 | municipality may
pay from tax increment revenues up to | ||||||
5 | 50% of the cost of construction
of new housing units to | ||||||
6 | be occupied by low-income households and very
| ||||||
7 | low-income
households as defined in Section 3 of the | ||||||
8 | Illinois Affordable Housing
Act. The cost of | ||||||
9 | construction of those units may be derived from the
| ||||||
10 | proceeds of bonds issued by the municipality under this | ||||||
11 | Act or
other constitutional or statutory authority or | ||||||
12 | from other sources of
municipal revenue that may be | ||||||
13 | reimbursed from tax increment
revenues or the proceeds | ||||||
14 | of bonds issued to finance the construction
of that | ||||||
15 | housing.
| ||||||
16 | The eligible costs provided under this | ||||||
17 | subparagraph (F) of paragraph (11)
shall
be
an eligible | ||||||
18 | cost for the construction, renovation, and | ||||||
19 | rehabilitation of all
low and very low-income housing | ||||||
20 | units, as defined in Section 3 of the Illinois
| ||||||
21 | Affordable Housing Act, within the redevelopment | ||||||
22 | project area. If the low and
very
low-income units are | ||||||
23 | part of a residential redevelopment project that | ||||||
24 | includes
units not affordable to low and very | ||||||
25 | low-income households, only the low and
very | ||||||
26 | low-income units shall be eligible for benefits under |
| |||||||
| |||||||
1 | this subparagraph (F) of
paragraph (11).
The standards | ||||||
2 | for maintaining the occupancy
by low-income households | ||||||
3 | and very low-income households,
as
defined in Section 3 | ||||||
4 | of the Illinois Affordable Housing Act,
of those units | ||||||
5 | constructed with eligible costs made available under | ||||||
6 | the
provisions of
this subparagraph (F) of paragraph | ||||||
7 | (11)
shall be
established by guidelines adopted by the | ||||||
8 | municipality. The
responsibility for annually | ||||||
9 | documenting the initial occupancy of
the units by | ||||||
10 | low-income households and very low-income households, | ||||||
11 | as defined
in
Section 3
of the Illinois Affordable | ||||||
12 | Housing Act, shall be that of the then current
owner of | ||||||
13 | the property.
For ownership units, the guidelines will | ||||||
14 | provide, at a minimum, for a
reasonable recapture of | ||||||
15 | funds, or other appropriate methods designed to
| ||||||
16 | preserve the original affordability of the ownership | ||||||
17 | units. For rental units,
the guidelines will provide, | ||||||
18 | at a minimum, for the affordability of rent to low
and | ||||||
19 | very low-income households. As units become available, | ||||||
20 | they shall be
rented to income-eligible tenants.
The | ||||||
21 | municipality may modify these
guidelines from time to | ||||||
22 | time; the guidelines, however, shall be in effect
for | ||||||
23 | as long as tax increment revenue is being used to pay | ||||||
24 | for costs
associated with the units or for the | ||||||
25 | retirement of bonds issued to finance
the units or for | ||||||
26 | the life of the redevelopment project area, whichever |
| |||||||
| |||||||
1 | is
later ; .
| ||||||
2 | (11.5) If the redevelopment project area is located | ||||||
3 | within a municipality
with a population of more than | ||||||
4 | 100,000, the cost of day care services for
children of | ||||||
5 | employees from
low-income
families working for businesses | ||||||
6 | located within the redevelopment project area
and all or a
| ||||||
7 | portion of the cost of operation of day care centers | ||||||
8 | established by
redevelopment project
area businesses to | ||||||
9 | serve employees from low-income families working in
| ||||||
10 | businesses
located in the redevelopment project area. For | ||||||
11 | the purposes of this paragraph,
"low-income families" | ||||||
12 | means families whose annual income does not exceed 80% of
| ||||||
13 | the
municipal, county, or regional median income, adjusted | ||||||
14 | for family size, as the
annual
income and municipal, | ||||||
15 | county, or regional median income are determined from
time | ||||||
16 | to
time by the United States Department of Housing and | ||||||
17 | Urban Development.
| ||||||
18 | (12) Unless explicitly stated herein the cost of | ||||||
19 | construction of new
privately-owned buildings shall not be an | ||||||
20 | eligible redevelopment project cost.
| ||||||
21 | (13) After November 1, 1999 (the effective date of Public | ||||||
22 | Act
91-478), none of
the
redevelopment project costs enumerated | ||||||
23 | in this subsection shall be eligible
redevelopment project | ||||||
24 | costs if those costs would provide direct financial
support to | ||||||
25 | a
retail entity initiating operations in the
redevelopment | ||||||
26 | project area while
terminating operations at another Illinois |
| |||||||
| |||||||
1 | location within 10 miles of the
redevelopment project area but | ||||||
2 | outside the boundaries of the redevelopment
project area | ||||||
3 | municipality. For
purposes of this paragraph, termination | ||||||
4 | means a
closing of a retail operation that is directly related | ||||||
5 | to the opening of the
same operation or like retail entity | ||||||
6 | owned or operated by more than 50% of the
original ownership in | ||||||
7 | a redevelopment project area, but
it does not mean
closing an | ||||||
8 | operation for reasons beyond the control of the
retail entity, | ||||||
9 | as
documented by the retail entity, subject to a reasonable | ||||||
10 | finding by the
municipality that the current location contained | ||||||
11 | inadequate space, had become
economically obsolete, or was no | ||||||
12 | longer a viable location for the retailer or
serviceman.
| ||||||
13 | (14) No cost shall be a redevelopment project cost in a | ||||||
14 | redevelopment project area if used to demolish, remove, or | ||||||
15 | substantially modify a historic resource, after August 26, 2008 | ||||||
16 | (the effective date of Public Act 95-934), unless no prudent | ||||||
17 | and feasible alternative exists. "Historic resource" for the | ||||||
18 | purpose of this paragraph item (14) means (i) a place or | ||||||
19 | structure that is included or eligible for inclusion on the | ||||||
20 | National Register of Historic Places or (ii) a contributing | ||||||
21 | structure in a district on the National Register of Historic | ||||||
22 | Places. This paragraph item (14) does not apply to a place or | ||||||
23 | structure for which demolition, removal, or modification is | ||||||
24 | subject to review by the preservation agency of a Certified | ||||||
25 | Local Government designated as such by the National Park | ||||||
26 | Service of the United States Department of the Interior. |
| |||||||
| |||||||
1 | If a special service area has been established pursuant to
| ||||||
2 | the Special Service Area Tax Act or Special Service Area Tax | ||||||
3 | Law, then any
tax increment revenues derived
from the tax | ||||||
4 | imposed pursuant to the Special Service Area Tax Act or Special
| ||||||
5 | Service Area Tax Law may
be used within the redevelopment | ||||||
6 | project area for the purposes permitted by
that Act or Law as | ||||||
7 | well as the purposes permitted by this Act.
| ||||||
8 | (q-1) For redevelopment project areas created pursuant to | ||||||
9 | subsection (p-1), redevelopment project costs are limited to | ||||||
10 | those costs in paragraph (q) that are related to the existing | ||||||
11 | or proposed Regional Transportation Authority Suburban Transit | ||||||
12 | Access Route (STAR Line) station. | ||||||
13 | (q-2) For a redevelopment project area located within a | ||||||
14 | transit facility improvement area established pursuant to | ||||||
15 | Section 11-74.4-3.3, redevelopment project costs means those | ||||||
16 | costs described in subsection (q) that are related to the | ||||||
17 | construction, reconstruction, rehabilitation, remodeling, or | ||||||
18 | repair of any existing or proposed transit facility. | ||||||
19 | (r) "State Sales Tax Boundary" means the redevelopment | ||||||
20 | project area or
the amended redevelopment project area | ||||||
21 | boundaries which are determined
pursuant to subsection (9) of | ||||||
22 | Section 11-74.4-8a of this
Act. The Department of Revenue shall | ||||||
23 | certify pursuant to subsection (9) of
Section 11-74.4-8a the | ||||||
24 | appropriate boundaries eligible for the
determination of State | ||||||
25 | Sales Tax Increment.
| ||||||
26 | (s) "State Sales Tax Increment" means an amount equal to |
| |||||||
| |||||||
1 | the increase
in the aggregate amount of taxes paid by retailers | ||||||
2 | and servicemen, other
than retailers and servicemen subject to | ||||||
3 | the Public Utilities Act,
on transactions at places of business | ||||||
4 | located within a State Sales Tax
Boundary pursuant to the | ||||||
5 | Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use | ||||||
6 | Tax Act, and the Service Occupation Tax Act, except such
| ||||||
7 | portion of such increase that is paid into the State and Local | ||||||
8 | Sales Tax
Reform Fund, the Local Government Distributive Fund, | ||||||
9 | the Local
Government Tax Fund and the County and Mass Transit | ||||||
10 | District Fund, for as
long as State participation exists, over | ||||||
11 | and above the Initial Sales Tax
Amounts, Adjusted Initial Sales | ||||||
12 | Tax Amounts or the Revised Initial Sales
Tax Amounts for such | ||||||
13 | taxes as certified by the Department of Revenue and
paid under | ||||||
14 | those Acts by retailers and servicemen on transactions at | ||||||
15 | places
of business located within the State Sales Tax Boundary | ||||||
16 | during the base
year which shall be the calendar year | ||||||
17 | immediately prior to the year in
which the municipality adopted | ||||||
18 | tax increment allocation financing, less
3.0% of such amounts | ||||||
19 | generated under the Retailers' Occupation Tax Act, Use
Tax Act | ||||||
20 | and Service Use Tax Act and the Service Occupation Tax Act, | ||||||
21 | which
sum shall be appropriated to the Department of Revenue to | ||||||
22 | cover its costs
of administering and enforcing this Section. | ||||||
23 | For purposes of computing the
aggregate amount of such taxes | ||||||
24 | for base years occurring prior to 1985, the
Department of | ||||||
25 | Revenue shall compute the Initial Sales Tax Amount for such
| ||||||
26 | taxes and deduct therefrom an amount equal to 4% of the |
| |||||||
| |||||||
1 | aggregate amount of
taxes per year for each year the base year | ||||||
2 | is prior to 1985, but not to
exceed a total deduction of 12%. | ||||||
3 | The amount so determined shall be known
as the "Adjusted | ||||||
4 | Initial Sales Tax Amount". For purposes of determining the
| ||||||
5 | State Sales Tax Increment the Department of Revenue shall for | ||||||
6 | each period
subtract from the tax amounts received from | ||||||
7 | retailers and servicemen on
transactions located in the State | ||||||
8 | Sales Tax Boundary, the certified Initial
Sales Tax Amounts, | ||||||
9 | Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax | ||||||
10 | Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
| ||||||
11 | the Service Use Tax Act and the Service Occupation Tax Act. For | ||||||
12 | the State
Fiscal Year 1989 this calculation shall be made by | ||||||
13 | utilizing the calendar
year 1987 to determine the tax amounts | ||||||
14 | received. For the State Fiscal Year
1990, this calculation | ||||||
15 | shall be made by utilizing the period from January
1, 1988, | ||||||
16 | until September 30, 1988, to determine the tax amounts received
| ||||||
17 | from retailers and servicemen, which shall have deducted | ||||||
18 | therefrom
nine-twelfths of the certified Initial Sales Tax | ||||||
19 | Amounts, Adjusted Initial
Sales Tax Amounts or the Revised | ||||||
20 | Initial Sales Tax Amounts as appropriate.
For the State Fiscal | ||||||
21 | Year 1991, this calculation shall be made by utilizing
the | ||||||
22 | period from October 1, 1988, until June 30, 1989, to determine | ||||||
23 | the tax
amounts received from retailers and servicemen, which | ||||||
24 | shall have
deducted therefrom nine-twelfths of the certified | ||||||
25 | Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax | ||||||
26 | Amounts or the Revised Initial Sales
Tax Amounts as |
| |||||||
| |||||||
1 | appropriate. For every State Fiscal Year thereafter, the
| ||||||
2 | applicable period shall be the 12 months beginning July 1 and | ||||||
3 | ending on
June 30, to determine the tax amounts received which | ||||||
4 | shall have deducted
therefrom the certified Initial Sales Tax | ||||||
5 | Amounts, Adjusted Initial Sales
Tax Amounts or the Revised | ||||||
6 | Initial Sales Tax Amounts. Municipalities
intending to receive | ||||||
7 | a distribution of State Sales Tax Increment must
report a list | ||||||
8 | of retailers to the Department of Revenue by October 31, 1988
| ||||||
9 | and by July 31, of each year thereafter.
| ||||||
10 | (t) "Taxing districts" means counties, townships, cities | ||||||
11 | and incorporated
towns and villages, school, road, park, | ||||||
12 | sanitary, mosquito abatement, forest
preserve, public health, | ||||||
13 | fire protection, river conservancy, tuberculosis
sanitarium | ||||||
14 | and any other municipal corporations or districts with the | ||||||
15 | power
to levy taxes.
| ||||||
16 | (u) "Taxing districts' capital costs" means those costs of | ||||||
17 | taxing districts
for capital improvements that are found by the | ||||||
18 | municipal corporate authorities
to be necessary and directly | ||||||
19 | result from the redevelopment project.
| ||||||
20 | (v) As used in subsection (a) of Section 11-74.4-3 of this
| ||||||
21 | Act, "vacant
land" means any parcel or combination of parcels | ||||||
22 | of real property without
industrial, commercial, and | ||||||
23 | residential buildings which has not been used
for commercial | ||||||
24 | agricultural purposes within 5 years prior to the
designation | ||||||
25 | of the redevelopment project area, unless the parcel
is | ||||||
26 | included in an industrial park conservation area or the parcel |
| |||||||
| |||||||
1 | has
been subdivided; provided that if the parcel was part of a | ||||||
2 | larger tract that
has been divided into 3 or more smaller | ||||||
3 | tracts that were accepted for
recording during the period from | ||||||
4 | 1950 to 1990, then the parcel shall be deemed
to have been | ||||||
5 | subdivided, and all proceedings and actions of the municipality
| ||||||
6 | taken in that connection with respect to any previously | ||||||
7 | approved or designated
redevelopment project area or amended | ||||||
8 | redevelopment project area are hereby
validated and hereby | ||||||
9 | declared to be legally sufficient for all purposes of this
Act.
| ||||||
10 | For purposes of this Section and only for land subject to
the | ||||||
11 | subdivision requirements of the Plat Act, land is subdivided | ||||||
12 | when the
original plat of
the proposed Redevelopment Project | ||||||
13 | Area or relevant portion thereof has
been
properly certified, | ||||||
14 | acknowledged, approved, and recorded or filed in accordance
| ||||||
15 | with the Plat Act and a preliminary plat, if any, for any | ||||||
16 | subsequent phases of
the
proposed Redevelopment Project Area or | ||||||
17 | relevant portion thereof has been
properly approved and filed | ||||||
18 | in accordance with the applicable ordinance of the
| ||||||
19 | municipality.
| ||||||
20 | (w) "Annual Total Increment" means the sum of each | ||||||
21 | municipality's
annual Net Sales Tax Increment and each | ||||||
22 | municipality's annual Net Utility
Tax Increment. The ratio of | ||||||
23 | the Annual Total Increment of each
municipality to the Annual | ||||||
24 | Total Increment for all municipalities, as most
recently | ||||||
25 | calculated by the Department, shall determine the proportional
| ||||||
26 | shares of the Illinois Tax Increment Fund to be distributed to |
| |||||||
| |||||||
1 | each
municipality.
| ||||||
2 | (x) "LEED certified" means any certification level of | ||||||
3 | construction elements by a qualified Leadership in Energy and | ||||||
4 | Environmental Design Accredited Professional as determined by | ||||||
5 | the U.S. Green Building Council. | ||||||
6 | (y) "Green Globes certified" means any certification level | ||||||
7 | of construction elements by a qualified Green Globes | ||||||
8 | Professional as determined by the Green Building Initiative. | ||||||
9 | (Source: P.A. 99-792, eff. 8-12-16; revised 10-31-16.)
| ||||||
10 | (65 ILCS 5/11-74.4-8)
(from Ch. 24, par. 11-74.4-8)
| ||||||
11 | Sec. 11-74.4-8. Tax increment allocation financing. A | ||||||
12 | municipality may
not adopt tax increment financing in a
| ||||||
13 | redevelopment
project area after the effective date of this | ||||||
14 | amendatory Act of 1997 that will
encompass an area that is | ||||||
15 | currently included in an enterprise zone created
under the | ||||||
16 | Illinois Enterprise Zone Act unless that municipality, | ||||||
17 | pursuant to
Section 5.4 of the Illinois Enterprise Zone Act, | ||||||
18 | amends the enterprise zone
designating ordinance to limit the | ||||||
19 | eligibility for tax abatements as provided
in Section 5.4.1 of | ||||||
20 | the Illinois Enterprise Zone Act.
A municipality, at the time a | ||||||
21 | redevelopment project area
is designated, may adopt tax | ||||||
22 | increment allocation financing by passing an
ordinance | ||||||
23 | providing that the ad valorem taxes, if any, arising from the
| ||||||
24 | levies upon taxable real property in such redevelopment project
| ||||||
25 | area by taxing districts and tax rates determined in the manner |
| |||||||
| |||||||
1 | provided
in paragraph (c) of Section 11-74.4-9 each year after | ||||||
2 | the effective
date of the ordinance until redevelopment project | ||||||
3 | costs and all municipal
obligations financing redevelopment | ||||||
4 | project costs incurred under this Division
have been paid shall | ||||||
5 | be divided as follows, provided, however, that with respect to | ||||||
6 | any redevelopment project area located within a transit | ||||||
7 | facility improvement area established pursuant to Section | ||||||
8 | 11-74.4-3.3 in a municipality with a population of 1,000,000 or | ||||||
9 | more, ad valorem taxes, if any, arising from the levies upon | ||||||
10 | taxable real property in such redevelopment project area shall | ||||||
11 | be allocated as specifically provided in this Section:
| ||||||
12 | (a) That portion of taxes levied upon each taxable lot, | ||||||
13 | block, tract or
parcel of real property which is | ||||||
14 | attributable to the lower of the current
equalized assessed | ||||||
15 | value or the initial equalized assessed
value of each such | ||||||
16 | taxable lot, block, tract or parcel of real property
in the | ||||||
17 | redevelopment project area shall be allocated to and when | ||||||
18 | collected
shall be paid by the county collector to the | ||||||
19 | respective affected taxing
districts in the manner | ||||||
20 | required by law in the absence of the adoption of
tax | ||||||
21 | increment allocation financing.
| ||||||
22 | (b) Except from a tax levied by a township to retire | ||||||
23 | bonds issued to satisfy
court-ordered damages, that | ||||||
24 | portion, if any, of such taxes which is
attributable to the
| ||||||
25 | increase in the current equalized assessed valuation of | ||||||
26 | each taxable lot,
block, tract or parcel of real property |
| |||||||
| |||||||
1 | in the redevelopment project area
over and above the | ||||||
2 | initial equalized assessed value of each property in the
| ||||||
3 | project area shall be allocated to and when collected shall | ||||||
4 | be paid to the
municipal treasurer who shall deposit said | ||||||
5 | taxes into a special fund called
the special tax allocation | ||||||
6 | fund of the municipality for the purpose of
paying | ||||||
7 | redevelopment project costs and obligations incurred in | ||||||
8 | the payment
thereof. In any county with a population of | ||||||
9 | 3,000,000 or more that has adopted
a procedure for | ||||||
10 | collecting taxes that provides for one or more of the
| ||||||
11 | installments of the taxes to be billed and collected on an | ||||||
12 | estimated basis,
the municipal treasurer shall be paid for | ||||||
13 | deposit in the special tax
allocation fund of the | ||||||
14 | municipality, from the taxes collected from
estimated | ||||||
15 | bills issued for property in the redevelopment project | ||||||
16 | area, the
difference between the amount actually collected | ||||||
17 | from each taxable lot,
block, tract, or parcel of real | ||||||
18 | property within the redevelopment project
area and an | ||||||
19 | amount determined by multiplying the rate at which taxes | ||||||
20 | were
last extended against the taxable lot, block, track, | ||||||
21 | or parcel of real
property in the manner provided in | ||||||
22 | subsection (c) of Section 11-74.4-9 by
the initial | ||||||
23 | equalized assessed value of the property divided by the | ||||||
24 | number
of installments in which real estate taxes are | ||||||
25 | billed and collected within
the county; provided that the | ||||||
26 | payments on or before December 31,
1999 to a municipal |
| |||||||
| |||||||
1 | treasurer shall be made only if each of the following
| ||||||
2 | conditions are met:
| ||||||
3 | (1) The total equalized assessed value of the | ||||||
4 | redevelopment project
area as last determined was not | ||||||
5 | less than 175% of the total initial
equalized assessed | ||||||
6 | value.
| ||||||
7 | (2) Not more than 50% of the total equalized assessed | ||||||
8 | value of the
redevelopment project area as last | ||||||
9 | determined is attributable to a piece of
property | ||||||
10 | assigned a single real estate index number.
| ||||||
11 | (3) The municipal clerk has certified to the county | ||||||
12 | clerk that the
municipality has issued its obligations | ||||||
13 | to which there has been pledged
the incremental | ||||||
14 | property taxes of the redevelopment project area or | ||||||
15 | taxes
levied and collected on any or all property in | ||||||
16 | the municipality or
the full faith and credit of the | ||||||
17 | municipality to pay or secure payment for
all or a | ||||||
18 | portion of the redevelopment project costs. The | ||||||
19 | certification
shall be filed annually no later than | ||||||
20 | September 1 for the estimated taxes
to be distributed | ||||||
21 | in the following year; however, for the year 1992 the
| ||||||
22 | certification shall be made at any time on or before | ||||||
23 | March 31, 1992.
| ||||||
24 | (4) The municipality has not requested that the total | ||||||
25 | initial
equalized assessed value of real property be | ||||||
26 | adjusted as provided in
subsection (b) of Section |
| |||||||
| |||||||
1 | 11-74.4-9.
| ||||||
2 | The conditions of paragraphs (1) through (4) do not | ||||||
3 | apply after December
31, 1999 to payments to a municipal | ||||||
4 | treasurer
made by a county with 3,000,000 or more | ||||||
5 | inhabitants that has adopted an
estimated billing | ||||||
6 | procedure for collecting taxes.
If a county that has | ||||||
7 | adopted the estimated billing
procedure makes an erroneous | ||||||
8 | overpayment of tax revenue to the municipal
treasurer, then | ||||||
9 | the county may seek a refund of that overpayment.
The | ||||||
10 | county shall send the municipal treasurer a notice of | ||||||
11 | liability for the
overpayment on or before the mailing date | ||||||
12 | of the next real estate tax bill
within the county. The | ||||||
13 | refund shall be limited to the amount of the
overpayment.
| ||||||
14 | It is the intent of this Division that after the | ||||||
15 | effective date of this
amendatory Act of 1988 a | ||||||
16 | municipality's own ad valorem
tax arising from levies on | ||||||
17 | taxable real property be included in the
determination of | ||||||
18 | incremental revenue in the manner provided in paragraph
(c) | ||||||
19 | of Section 11-74.4-9. If the municipality does not extend | ||||||
20 | such a tax,
it shall annually deposit in the municipality's | ||||||
21 | Special Tax Increment Fund
an amount equal to 10% of the | ||||||
22 | total contributions to the fund from all
other taxing | ||||||
23 | districts in that year. The annual 10% deposit required by
| ||||||
24 | this paragraph shall be limited to the actual amount of | ||||||
25 | municipally
produced incremental tax revenues available to | ||||||
26 | the municipality from
taxpayers located in the |
| |||||||
| |||||||
1 | redevelopment project area in that year if:
(a) the plan | ||||||
2 | for the area restricts the use of the property primarily to
| ||||||
3 | industrial purposes, (b) the municipality establishing the | ||||||
4 | redevelopment
project area is a home-rule community with a | ||||||
5 | 1990 population of between
25,000 and 50,000, (c) the | ||||||
6 | municipality is wholly located within a county
with a 1990 | ||||||
7 | population of over 750,000 and (d) the redevelopment | ||||||
8 | project
area was established by the municipality prior to | ||||||
9 | June 1, 1990. This
payment shall be in lieu of a | ||||||
10 | contribution of ad valorem taxes on real
property. If no | ||||||
11 | such payment is made, any redevelopment project area of the
| ||||||
12 | municipality shall be dissolved.
| ||||||
13 | If a municipality has adopted tax increment allocation | ||||||
14 | financing by ordinance
and the County Clerk thereafter | ||||||
15 | certifies the "total initial equalized assessed
value as | ||||||
16 | adjusted" of the taxable real property within such | ||||||
17 | redevelopment
project area in the manner provided in | ||||||
18 | paragraph (b) of Section 11-74.4-9,
each year after the | ||||||
19 | date of the certification of the total initial equalized
| ||||||
20 | assessed value as adjusted until redevelopment project | ||||||
21 | costs and all
municipal obligations financing | ||||||
22 | redevelopment project costs have been paid
the ad valorem | ||||||
23 | taxes, if any, arising from the levies upon the taxable | ||||||
24 | real
property in such redevelopment project area by taxing | ||||||
25 | districts and tax
rates determined in the manner provided | ||||||
26 | in paragraph (c) of Section
11-74.4-9 shall be divided as |
| |||||||
| |||||||
1 | follows, provided, however, that with respect to any | ||||||
2 | redevelopment project area located within a transit | ||||||
3 | facility improvement area established pursuant to Section | ||||||
4 | 11-74.4-3.3 in a municipality with a population of | ||||||
5 | 1,000,000 or more, ad valorem taxes, if any, arising from | ||||||
6 | the levies upon the taxable real property in such | ||||||
7 | redevelopment project area shall be allocated as | ||||||
8 | specifically provided in this Section:
| ||||||
9 | (1) That portion of the taxes levied upon each taxable | ||||||
10 | lot, block, tract
or parcel of real property which is | ||||||
11 | attributable to the lower of the
current equalized | ||||||
12 | assessed value or "current equalized assessed value as
| ||||||
13 | adjusted" or the initial equalized assessed value of | ||||||
14 | each such taxable lot,
block, tract, or parcel of real | ||||||
15 | property existing at the time tax increment
financing | ||||||
16 | was adopted, minus the total current homestead | ||||||
17 | exemptions under Article 15 of the Property
Tax Code in | ||||||
18 | the
redevelopment project area shall be allocated to | ||||||
19 | and when collected shall be
paid by the county | ||||||
20 | collector to the respective affected taxing districts | ||||||
21 | in the
manner required by law in the absence of the | ||||||
22 | adoption of tax increment
allocation financing.
| ||||||
23 | (2) That portion, if any, of such taxes which is | ||||||
24 | attributable to the
increase in the current equalized | ||||||
25 | assessed valuation of each taxable lot,
block, tract, | ||||||
26 | or parcel of real property in the redevelopment project |
| |||||||
| |||||||
1 | area,
over and above the initial equalized assessed | ||||||
2 | value of each property
existing at the time tax | ||||||
3 | increment financing was adopted, minus the total
| ||||||
4 | current homestead exemptions pertaining to each piece | ||||||
5 | of property provided
by Article 15 of the Property Tax | ||||||
6 | Code
in the redevelopment
project area, shall be | ||||||
7 | allocated to and when collected shall be paid to the
| ||||||
8 | municipal Treasurer, who shall deposit said taxes into | ||||||
9 | a special fund called
the special tax allocation fund | ||||||
10 | of the municipality for the purpose of paying
| ||||||
11 | redevelopment project costs and obligations incurred | ||||||
12 | in the payment thereof.
| ||||||
13 | The municipality may pledge in the ordinance the funds | ||||||
14 | in and to be
deposited in the special tax allocation fund | ||||||
15 | for the payment of such costs
and obligations. No part of | ||||||
16 | the current equalized assessed valuation of
each property | ||||||
17 | in the redevelopment project area attributable to any
| ||||||
18 | increase above the total initial equalized assessed value, | ||||||
19 | or the total
initial equalized assessed value as adjusted, | ||||||
20 | of such properties shall be
used in calculating the general | ||||||
21 | State school aid formula, provided for in
Section 18-8 of | ||||||
22 | the School Code, or the evidence-based funding formula, | ||||||
23 | provided for in Section 18-8.15 of the School Code, until | ||||||
24 | such time as all redevelopment
project costs have been paid | ||||||
25 | as provided for in this Section.
| ||||||
26 | Whenever a municipality issues bonds for the purpose of |
| |||||||
| |||||||
1 | financing
redevelopment project costs, such municipality | ||||||
2 | may provide by ordinance for the
appointment of a trustee, | ||||||
3 | which may be any trust company within the State,
and for | ||||||
4 | the establishment of such funds or accounts to be | ||||||
5 | maintained by
such trustee as the municipality shall deem | ||||||
6 | necessary to provide for the
security and payment of the | ||||||
7 | bonds. If such municipality provides for
the appointment of | ||||||
8 | a trustee, such trustee shall be considered the assignee
of | ||||||
9 | any payments assigned by the municipality pursuant to such | ||||||
10 | ordinance
and this Section. Any amounts paid to such | ||||||
11 | trustee as assignee shall be
deposited in the funds or | ||||||
12 | accounts established pursuant to such trust
agreement, and | ||||||
13 | shall be held by such trustee in trust for the benefit of | ||||||
14 | the
holders of the bonds, and such holders shall have a | ||||||
15 | lien on and a security
interest in such funds or accounts | ||||||
16 | so long as the bonds remain outstanding and
unpaid. Upon | ||||||
17 | retirement of the bonds, the trustee shall pay over any | ||||||
18 | excess
amounts held to the municipality for deposit in the | ||||||
19 | special tax allocation
fund.
| ||||||
20 | When such redevelopment projects costs, including | ||||||
21 | without limitation all
municipal obligations financing | ||||||
22 | redevelopment project costs incurred under
this Division, | ||||||
23 | have been paid, all surplus funds then remaining in the
| ||||||
24 | special tax allocation fund shall be distributed
by being | ||||||
25 | paid by the
municipal treasurer to the Department of | ||||||
26 | Revenue, the municipality and the
county collector; first |
| |||||||
| |||||||
1 | to the Department of Revenue and the municipality
in direct | ||||||
2 | proportion to the tax incremental revenue received from the | ||||||
3 | State
and the municipality, but not to exceed the total | ||||||
4 | incremental revenue received
from the State or the | ||||||
5 | municipality less any annual surplus distribution
of | ||||||
6 | incremental revenue previously made; with any remaining | ||||||
7 | funds to be paid
to the County Collector who shall | ||||||
8 | immediately thereafter pay said funds to
the taxing | ||||||
9 | districts in the redevelopment project area in the same | ||||||
10 | manner
and proportion as the most recent distribution by | ||||||
11 | the county collector to
the affected districts of real | ||||||
12 | property taxes from real property in the
redevelopment | ||||||
13 | project area.
| ||||||
14 | Upon the payment of all redevelopment project costs, | ||||||
15 | the retirement of
obligations, the distribution of any | ||||||
16 | excess monies pursuant to this
Section, and final closing | ||||||
17 | of the books and records of the redevelopment
project
area, | ||||||
18 | the municipality shall adopt an ordinance dissolving the | ||||||
19 | special
tax allocation fund for the redevelopment project | ||||||
20 | area and terminating the
designation of the redevelopment | ||||||
21 | project area as a redevelopment project
area.
Title to real | ||||||
22 | or personal property and public improvements
acquired
by or | ||||||
23 | for
the
municipality as a result of the redevelopment | ||||||
24 | project and plan shall vest in
the
municipality when | ||||||
25 | acquired and shall continue to be held by the municipality
| ||||||
26 | after the redevelopment project area has been terminated.
|
| |||||||
| |||||||
1 | Municipalities shall notify affected taxing districts | ||||||
2 | prior to
November 1 if the redevelopment project area is to | ||||||
3 | be terminated by December 31
of
that same year. If a | ||||||
4 | municipality extends estimated dates of completion of a
| ||||||
5 | redevelopment project and retirement of obligations to | ||||||
6 | finance a
redevelopment project, as allowed by this | ||||||
7 | amendatory Act of 1993, that
extension shall not extend the | ||||||
8 | property tax increment allocation financing
authorized by | ||||||
9 | this Section. Thereafter the rates of the taxing districts
| ||||||
10 | shall be extended and taxes levied, collected and | ||||||
11 | distributed in the manner
applicable in the absence of the | ||||||
12 | adoption of tax increment allocation
financing.
| ||||||
13 | If a municipality with a population of 1,000,000 or | ||||||
14 | more has adopted by ordinance tax increment allocation | ||||||
15 | financing for a redevelopment project area located in a | ||||||
16 | transit facility improvement area established pursuant to | ||||||
17 | Section 11-74.4-3.3, for each year after the effective date | ||||||
18 | of the ordinance until redevelopment project costs and all | ||||||
19 | municipal obligations financing redevelopment project | ||||||
20 | costs have been paid, the ad valorem taxes, if any, arising | ||||||
21 | from the levies upon the taxable real property in that | ||||||
22 | redevelopment project area by taxing districts and tax | ||||||
23 | rates determined in the manner provided in paragraph (c) of | ||||||
24 | Section 11-74.4-9 shall be divided as follows: | ||||||
25 | (1) That portion of the taxes levied upon each | ||||||
26 | taxable lot, block, tract or parcel of real property |
| |||||||
| |||||||
1 | which is attributable to the lower of (i) the current | ||||||
2 | equalized assessed value or "current equalized | ||||||
3 | assessed value as adjusted" or (ii) the initial | ||||||
4 | equalized assessed value of each such taxable lot, | ||||||
5 | block, tract, or parcel of real property existing at | ||||||
6 | the time tax increment financing was adopted, minus the | ||||||
7 | total current homestead exemptions under Article 15 of | ||||||
8 | the Property Tax Code in the redevelopment project area | ||||||
9 | shall be allocated to and when collected shall be paid | ||||||
10 | by the county collector to the respective affected | ||||||
11 | taxing districts in the manner required by law in the | ||||||
12 | absence of the adoption of tax increment allocation | ||||||
13 | financing. | ||||||
14 | (2) That portion, if any, of such taxes which is | ||||||
15 | attributable to the increase in the current equalized | ||||||
16 | assessed valuation of each taxable lot, block, tract, | ||||||
17 | or parcel of real property in the redevelopment project | ||||||
18 | area, over and above the initial equalized assessed | ||||||
19 | value of each property existing at the time tax | ||||||
20 | increment financing was adopted, minus the total | ||||||
21 | current homestead exemptions pertaining to each piece | ||||||
22 | of property provided by Article 15 of the Property Tax | ||||||
23 | Code in the redevelopment project area, shall be | ||||||
24 | allocated to and when collected shall be paid by the | ||||||
25 | county collector as follows: | ||||||
26 | (A) First, that portion which would be payable |
| |||||||
| |||||||
1 | to a school district whose boundaries are | ||||||
2 | coterminous with such municipality in the absence | ||||||
3 | of the adoption of tax increment allocation | ||||||
4 | financing, shall be paid to such school district in | ||||||
5 | the manner required by law in the absence of the | ||||||
6 | adoption of tax increment allocation financing; | ||||||
7 | then | ||||||
8 | (B) 80% of the remaining portion shall be paid | ||||||
9 | to the municipal Treasurer, who shall deposit said | ||||||
10 | taxes into a special fund called the special tax | ||||||
11 | allocation fund of the municipality for the | ||||||
12 | purpose of paying redevelopment project costs and | ||||||
13 | obligations incurred in the payment thereof; and | ||||||
14 | then | ||||||
15 | (C) 20% of the remaining portion shall be paid | ||||||
16 | to the respective affected taxing districts, other | ||||||
17 | than the school district described in clause (a) | ||||||
18 | above, in the manner required by law in the absence | ||||||
19 | of the adoption of tax increment allocation | ||||||
20 | financing. | ||||||
21 | Nothing in this Section shall be construed as relieving | ||||||
22 | property in such
redevelopment project areas from being | ||||||
23 | assessed as provided in the Property
Tax Code or as relieving | ||||||
24 | owners of such property from paying a uniform rate of
taxes, as | ||||||
25 | required by Section 4 of Article IX of the Illinois | ||||||
26 | Constitution.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-463, eff. 8-16-13; 99-792, eff. 8-12-16.)
| ||||||
2 | (65 ILCS 5/11-74.6-35)
| ||||||
3 | Sec. 11-74.6-35. Ordinance for tax increment allocation | ||||||
4 | financing.
| ||||||
5 | (a) A municipality, at the time a redevelopment project | ||||||
6 | area
is designated, may adopt tax increment allocation | ||||||
7 | financing by passing an
ordinance providing that the ad valorem | ||||||
8 | taxes, if any, arising from the
levies upon taxable real | ||||||
9 | property within the redevelopment project
area by taxing | ||||||
10 | districts and tax rates determined in the manner provided
in | ||||||
11 | subsection (b) of Section 11-74.6-40 each year after the | ||||||
12 | effective
date of the ordinance until redevelopment project | ||||||
13 | costs and all municipal
obligations financing redevelopment | ||||||
14 | project costs incurred under this Act
have been paid shall be | ||||||
15 | divided as follows:
| ||||||
16 | (1) That portion of the taxes levied upon each taxable | ||||||
17 | lot, block,
tract or parcel of real property that is | ||||||
18 | attributable to the lower of the
current equalized assessed | ||||||
19 | value or the initial equalized assessed value or the
| ||||||
20 | updated initial equalized assessed value of
each taxable | ||||||
21 | lot, block, tract or parcel of real property in the
| ||||||
22 | redevelopment project area shall be allocated to and when | ||||||
23 | collected shall
be paid by the county collector to the | ||||||
24 | respective affected taxing districts
in the manner | ||||||
25 | required by law without regard to the adoption of tax
|
| |||||||
| |||||||
1 | increment allocation financing.
| ||||||
2 | (2) That portion, if any, of those taxes that is | ||||||
3 | attributable to the
increase in the current equalized | ||||||
4 | assessed value of each taxable lot,
block, tract or parcel | ||||||
5 | of real property in the redevelopment project area,
over | ||||||
6 | and above the initial equalized assessed value or the | ||||||
7 | updated initial
equalized assessed value of each property | ||||||
8 | in the
project area, shall be allocated to and when | ||||||
9 | collected shall be paid by the
county collector to the | ||||||
10 | municipal treasurer who shall deposit that portion
of those | ||||||
11 | taxes into a special fund called the special tax allocation | ||||||
12 | fund
of the municipality for the purpose of paying | ||||||
13 | redevelopment project costs
and obligations incurred in | ||||||
14 | the payment of those costs and obligations.
In any county | ||||||
15 | with a population of 3,000,000 or more that has adopted
a | ||||||
16 | procedure for collecting taxes that provides for one or | ||||||
17 | more of the
installments of the taxes to be billed and | ||||||
18 | collected on an estimated basis,
the municipal treasurer | ||||||
19 | shall be paid for deposit in the special tax
allocation | ||||||
20 | fund of the municipality, from the taxes collected from
| ||||||
21 | estimated bills issued for property in the redevelopment | ||||||
22 | project area, the
difference between the amount actually | ||||||
23 | collected from each taxable lot,
block, tract, or parcel of | ||||||
24 | real property within the redevelopment project
area and an | ||||||
25 | amount determined by multiplying the rate at which taxes | ||||||
26 | were
last extended against the taxable lot, block, track, |
| |||||||
| |||||||
1 | or parcel of real
property in the manner provided in | ||||||
2 | subsection (b) of Section 11-74.6-40 by
the initial | ||||||
3 | equalized assessed value or the updated initial equalized | ||||||
4 | assessed
value of the property divided by the number
of | ||||||
5 | installments in which real estate taxes are billed and | ||||||
6 | collected within
the county, provided that the payments on | ||||||
7 | or before December 31, 1999 to a
municipal treasurer shall | ||||||
8 | be made only if each of the following conditions
are met:
| ||||||
9 | (A) The total equalized assessed value of the | ||||||
10 | redevelopment project
area as last determined was not | ||||||
11 | less than 175% of the total initial
equalized assessed | ||||||
12 | value.
| ||||||
13 | (B) Not more than 50% of the total equalized | ||||||
14 | assessed value of the
redevelopment project area as | ||||||
15 | last determined is attributable to a piece of
property | ||||||
16 | assigned a single real estate index number.
| ||||||
17 | (C) The municipal clerk has certified to the county | ||||||
18 | clerk that the
municipality has issued its obligations | ||||||
19 | to which there has been pledged
the incremental | ||||||
20 | property taxes of the redevelopment project area or | ||||||
21 | taxes
levied and collected on any or all property in | ||||||
22 | the municipality or
the full faith and credit of the | ||||||
23 | municipality to pay or secure payment for
all or a | ||||||
24 | portion of the redevelopment project costs. The | ||||||
25 | certification
shall be filed annually no later than | ||||||
26 | September 1 for the estimated taxes
to be distributed |
| |||||||
| |||||||
1 | in the following year.
| ||||||
2 | The conditions of paragraphs (A) through (C) do not apply | ||||||
3 | after December
31, 1999 to payments to a municipal treasurer
| ||||||
4 | made by a county with 3,000,000 or more inhabitants that has | ||||||
5 | adopted an
estimated billing procedure for collecting taxes.
If | ||||||
6 | a county that has adopted the estimated billing
procedure makes | ||||||
7 | an erroneous overpayment of tax revenue to the municipal
| ||||||
8 | treasurer, then the county may seek a refund of that | ||||||
9 | overpayment.
The county shall send the municipal treasurer a | ||||||
10 | notice of liability for the
overpayment on or before the | ||||||
11 | mailing date of the next real estate tax bill
within the | ||||||
12 | county. The refund shall be limited to the amount of the
| ||||||
13 | overpayment.
| ||||||
14 | (b) It is the intent of this Act that a municipality's own | ||||||
15 | ad valorem
tax arising from levies on taxable real property be | ||||||
16 | included in the
determination of incremental revenue in the | ||||||
17 | manner provided in paragraph
(b) of Section 11-74.6-40.
| ||||||
18 | (c) If a municipality has adopted tax increment allocation | ||||||
19 | financing for a
redevelopment project area by
ordinance and the | ||||||
20 | county clerk thereafter certifies the total initial
equalized | ||||||
21 | assessed value or the total updated initial equalized
assessed | ||||||
22 | value of the taxable real property within such redevelopment
| ||||||
23 | project area in the manner provided in paragraph (a) or (b) of | ||||||
24 | Section
11-74.6-40, each year after the date of the | ||||||
25 | certification of the total
initial equalized assessed value or | ||||||
26 | the total updated initial
equalized assessed value until |
| |||||||
| |||||||
1 | redevelopment project costs and all
municipal obligations | ||||||
2 | financing redevelopment project costs have been paid,
the ad | ||||||
3 | valorem taxes, if any, arising from the levies upon the taxable | ||||||
4 | real
property in the redevelopment project area by taxing | ||||||
5 | districts and tax
rates determined in the manner provided in | ||||||
6 | paragraph (b) of Section
11-74.6-40 shall be divided as | ||||||
7 | follows:
| ||||||
8 | (1) That portion of the taxes levied upon each taxable | ||||||
9 | lot, block, tract
or parcel of real property that is | ||||||
10 | attributable to the lower of the
current equalized assessed | ||||||
11 | value or the initial equalized assessed value, or
the | ||||||
12 | updated initial equalized assessed value of each parcel if | ||||||
13 | the updated
initial equalized assessed value of that parcel | ||||||
14 | has been certified in
accordance with Section 11-74.6-40, | ||||||
15 | whichever has been most
recently certified, of each taxable | ||||||
16 | lot, block, tract, or parcel of real
property existing at | ||||||
17 | the time tax increment allocation financing was
adopted in | ||||||
18 | the redevelopment project area, shall be allocated to and | ||||||
19 | when
collected shall be paid by the county collector to the | ||||||
20 | respective affected
taxing districts in the manner | ||||||
21 | required by law without regard to the adoption
of tax | ||||||
22 | increment allocation financing.
| ||||||
23 | (2) That portion, if any, of those taxes that is | ||||||
24 | attributable to the
increase in the current equalized | ||||||
25 | assessed value of each taxable lot,
block, tract, or parcel | ||||||
26 | of real property in the redevelopment project area,
over |
| |||||||
| |||||||
1 | and above the initial equalized assessed value of each | ||||||
2 | property
existing at the time tax increment allocation | ||||||
3 | financing was adopted
in the redevelopment project area, or
| ||||||
4 | the updated initial equalized assessed value of each parcel | ||||||
5 | if the updated
initial equalized assessed value of that | ||||||
6 | parcel has been certified in
accordance with Section | ||||||
7 | 11-74.6-40, shall be allocated to and when collected
shall | ||||||
8 | be paid to the municipal treasurer, who shall deposit those | ||||||
9 | taxes
into a special fund called the special tax allocation | ||||||
10 | fund of the
municipality for the purpose of paying | ||||||
11 | redevelopment project costs and
obligations incurred in | ||||||
12 | the payment thereof.
| ||||||
13 | (d) The municipality may pledge in the ordinance the funds | ||||||
14 | in and to be
deposited in the special tax allocation fund for | ||||||
15 | the payment of
redevelopment project costs and obligations. No | ||||||
16 | part of the current
equalized assessed value of each property | ||||||
17 | in the redevelopment project
area attributable to any increase | ||||||
18 | above the total initial equalized
assessed value
or the total | ||||||
19 | initial updated equalized assessed value of the property,
shall | ||||||
20 | be used in calculating the general General State aid formula | ||||||
21 | School Aid Formula , provided
for in Section 18-8 of the School | ||||||
22 | Code, or the evidence-based funding formula, provided for in | ||||||
23 | Section 18-8.15 of the School Code, until all redevelopment | ||||||
24 | project
costs have been paid as provided for in this Section.
| ||||||
25 | Whenever a municipality issues bonds for the purpose of | ||||||
26 | financing
redevelopment project costs, that municipality may |
| |||||||
| |||||||
1 | provide by ordinance for the
appointment of a trustee, which | ||||||
2 | may be any trust company within the State,
and for the | ||||||
3 | establishment of any funds or accounts to be maintained by
that | ||||||
4 | trustee, as the municipality deems necessary to provide for the
| ||||||
5 | security and payment of the bonds. If the municipality provides | ||||||
6 | for
the appointment of a trustee, the trustee shall be | ||||||
7 | considered the assignee
of any payments assigned by the | ||||||
8 | municipality under that ordinance
and this Section. Any amounts | ||||||
9 | paid to the trustee as
assignee shall be deposited into the | ||||||
10 | funds or accounts established
under the trust agreement, and | ||||||
11 | shall be held by the trustee in trust for the
benefit of the | ||||||
12 | holders of the bonds. The holders of those bonds shall have a
| ||||||
13 | lien on and a security interest in those funds or accounts | ||||||
14 | while the
bonds remain outstanding and unpaid. Upon retirement | ||||||
15 | of the bonds,
the trustee shall pay over any excess amounts | ||||||
16 | held to the municipality for
deposit in the special tax | ||||||
17 | allocation fund.
| ||||||
18 | When the redevelopment projects costs, including without | ||||||
19 | limitation all
municipal obligations financing redevelopment | ||||||
20 | project costs incurred under
this Law, have been paid, all | ||||||
21 | surplus funds then remaining in the
special tax allocation fund | ||||||
22 | shall be distributed by being paid by the
municipal treasurer | ||||||
23 | to the municipality and the county collector; first to
the | ||||||
24 | municipality in direct proportion to the tax incremental | ||||||
25 | revenue
received from the municipality, but not to exceed the | ||||||
26 | total incremental
revenue received from the municipality, |
| |||||||
| |||||||
1 | minus any annual surplus
distribution of incremental revenue | ||||||
2 | previously made. Any remaining funds
shall be paid to the | ||||||
3 | county collector who shall immediately distribute that
payment | ||||||
4 | to the taxing districts in the redevelopment project area in | ||||||
5 | the
same manner and proportion as the most recent distribution | ||||||
6 | by the county
collector to the affected districts of real | ||||||
7 | property taxes from real
property situated in the redevelopment | ||||||
8 | project area.
| ||||||
9 | Upon the payment of all redevelopment project costs, | ||||||
10 | retirement of
obligations and the distribution of any excess | ||||||
11 | moneys under this
Section, the municipality shall adopt an | ||||||
12 | ordinance dissolving the special
tax allocation fund for the | ||||||
13 | redevelopment project area and terminating the
designation of | ||||||
14 | the redevelopment project area as a redevelopment project
area. | ||||||
15 | Thereafter the tax levies of taxing districts shall be | ||||||
16 | extended,
collected and distributed in the same manner | ||||||
17 | applicable
before the adoption of tax increment allocation | ||||||
18 | financing.
Municipality shall notify affected taxing districts | ||||||
19 | prior to November if the
redevelopment project area is to be | ||||||
20 | terminated by December 31 of that same
year.
| ||||||
21 | Nothing in this Section shall be construed as relieving | ||||||
22 | property in a
redevelopment project area from being assessed as | ||||||
23 | provided in the Property
Tax Code or as relieving owners of | ||||||
24 | that property
from paying a uniform rate of taxes, as required | ||||||
25 | by Section 4 of Article IX
of the Illinois Constitution.
| ||||||
26 | (Source: P.A. 91-474, eff. 11-1-99.)
|
| |||||||
| |||||||
1 | Section 40. The Economic Development Project Area Tax | ||||||
2 | Increment Allocation Act of
1995 is amended by changing Section | ||||||
3 | 50 as follows:
| ||||||
4 | (65 ILCS 110/50)
| ||||||
5 | Sec. 50. Special tax allocation fund.
| ||||||
6 | (a) If a county clerk has certified the "total initial | ||||||
7 | equalized assessed
value" of the taxable real property within | ||||||
8 | an economic development project area
in the manner provided in | ||||||
9 | Section 45, each year after the date of the
certification by | ||||||
10 | the county clerk of the "total initial equalized assessed
| ||||||
11 | value", until economic development project costs and all | ||||||
12 | municipal obligations
financing economic development project | ||||||
13 | costs have been paid, the ad valorem
taxes, if any, arising | ||||||
14 | from the levies upon the taxable real property in the
economic | ||||||
15 | development project area by taxing districts and tax rates | ||||||
16 | determined
in the manner provided in subsection (b) of Section | ||||||
17 | 45 shall be divided as
follows:
| ||||||
18 | (1) That portion of the taxes levied upon each taxable
| ||||||
19 | lot, block, tract, or parcel of real property that is | ||||||
20 | attributable to the lower
of the current equalized assessed | ||||||
21 | value or the initial equalized assessed value
of each | ||||||
22 | taxable lot, block, tract, or parcel of real property | ||||||
23 | existing
at the time tax increment financing was adopted | ||||||
24 | shall be allocated to (and when
collected shall be paid by |
| |||||||
| |||||||
1 | the county collector to) the respective affected
taxing | ||||||
2 | districts in the manner required by law in the absence of | ||||||
3 | the adoption
of tax increment allocation financing.
| ||||||
4 | (2) That portion, if any, of the taxes that is | ||||||
5 | attributable to the
increase in the current equalized | ||||||
6 | assessed valuation of each taxable lot,
block, tract, or
| ||||||
7 | parcel of real property in the economic development project | ||||||
8 | area, over and
above the initial equalized assessed value | ||||||
9 | of each property existing at the
time tax increment | ||||||
10 | financing was adopted, shall be allocated to (and when
| ||||||
11 | collected shall be paid to) the municipal treasurer, who | ||||||
12 | shall deposit the
taxes into a special fund (called the | ||||||
13 | special tax allocation fund of the
municipality) for the | ||||||
14 | purpose of paying economic development project costs and
| ||||||
15 | obligations incurred in the payment of those costs.
| ||||||
16 | (b) The municipality, by an ordinance adopting tax | ||||||
17 | increment allocation
financing, may pledge the monies in and to | ||||||
18 | be deposited into the special tax
allocation fund for the | ||||||
19 | payment of obligations issued under this Act and for
the | ||||||
20 | payment of economic development project costs. No part of the | ||||||
21 | current
equalized assessed valuation of each property in the | ||||||
22 | economic development
project area attributable to any increase | ||||||
23 | above the total initial equalized
assessed value of those | ||||||
24 | properties shall be used in calculating the general
State | ||||||
25 | school aid formula under
Section 18-8 of the School Code or the | ||||||
26 | evidence-based funding formula under Section 18-8.15 of the |
| |||||||
| |||||||
1 | School Code, until all economic development projects costs
have | ||||||
2 | been paid as provided for in this Section.
| ||||||
3 | (c) When the economic development projects costs, | ||||||
4 | including without
limitation all municipal obligations | ||||||
5 | financing economic development project
costs incurred under | ||||||
6 | this Act, have been paid, all surplus monies then
remaining in | ||||||
7 | the special tax allocation fund shall be distributed by being | ||||||
8 | paid
by the municipal treasurer to the county collector, who | ||||||
9 | shall immediately pay
the monies to the taxing districts having | ||||||
10 | taxable property in the economic
development project area in | ||||||
11 | the same manner and proportion as the most recent
distribution | ||||||
12 | by the county collector to those taxing districts of real | ||||||
13 | property
taxes from real property in the economic development | ||||||
14 | project area.
| ||||||
15 | (d) Upon the payment of all economic development project | ||||||
16 | costs, retirement
of obligations, and distribution of any | ||||||
17 | excess monies under this Section and
not later than 23 years | ||||||
18 | from the date of the adoption of the ordinance
establishing the | ||||||
19 | economic development project area, the municipality shall
| ||||||
20 | adopt an ordinance dissolving the special tax allocation fund | ||||||
21 | for the economic
development project area and terminating the | ||||||
22 | designation of the economic
development project area as an | ||||||
23 | economic development project area.
Thereafter, the rates of the | ||||||
24 | taxing districts shall be extended and taxes shall
be levied, | ||||||
25 | collected, and distributed in the manner applicable in the | ||||||
26 | absence
of the adoption of tax increment allocation financing.
|
| |||||||
| |||||||
1 | (e) Nothing in this Section shall be construed as relieving | ||||||
2 | property in the
economic development project areas from being | ||||||
3 | assessed as provided in the
Property Tax Code or as relieving | ||||||
4 | owners or lessees of that property from
paying a uniform rate | ||||||
5 | of taxes as required by Section 4 of Article IX of the
Illinois | ||||||
6 | Constitution.
| ||||||
7 | (Source: P.A. 98-463, eff. 8-16-13.)
| ||||||
8 | Section 45. The School Code is amended by changing Sections | ||||||
9 | 1A-8, 1B-5, 1B-6, 1B-7, 1B-8, 1C-1, 1C-2, 1D-1, 1E-20, 1F-20, | ||||||
10 | 1F-62, 1H-20, 1H-70, 2-3.33, 2-3.51.5, 2-3.62, 2-3.66, | ||||||
11 | 2-3.66b, 2-3.80, 2-3.84, 2-3.109a, 3-14.21, 7-14A, 10-17a, | ||||||
12 | 10-19, 10-22.5a, 10-22.20, 10-29, 11E-135, 13A-8, 13B-20.20, | ||||||
13 | 13B-45, 13B-50, 13B-50.10, 13B-50.15, 14-7.02, 14-7.02b, | ||||||
14 | 14-7.03, 14-13.01, 14C-1, 14C-12, 17-1, 17-1.2, 17-1.5, | ||||||
15 | 17-2.11, 17-2A, 18-4.3, 18-8.05, 18-8.10, 18-9, 18-12, 26-16, | ||||||
16 | 27-8.1, 27A-9, 27A-11, 29-5, 34-2.3, 34-18, 34-18.30, and | ||||||
17 | 34-43.1 and by adding Sections 17-3.6 and 18-8.15 as follows:
| ||||||
18 | (105 ILCS 5/1A-8) (from Ch. 122, par. 1A-8)
| ||||||
19 | Sec. 1A-8. Powers of the Board in Assisting Districts | ||||||
20 | Deemed in Financial
Difficulties. To promote the financial | ||||||
21 | integrity of school districts, the
State Board of Education | ||||||
22 | shall be provided the necessary powers to promote
sound | ||||||
23 | financial management and continue operation of the public | ||||||
24 | schools.
|
| |||||||
| |||||||
1 | (a) The State Superintendent of Education may require a | ||||||
2 | school district, including any district subject to Article 34A | ||||||
3 | of this Code, to share financial information relevant to a | ||||||
4 | proper investigation of the district's financial condition and | ||||||
5 | the delivery of appropriate State financial, technical, and | ||||||
6 | consulting services to the district if the district (i) has | ||||||
7 | been designated, through the State Board of Education's School | ||||||
8 | District Financial Profile System, as on financial warning or | ||||||
9 | financial watch status, (ii) has failed to file an annual | ||||||
10 | financial report, annual budget, deficit reduction plan, or | ||||||
11 | other financial information as required by law, (iii) has been | ||||||
12 | identified, through the district's annual audit or other | ||||||
13 | financial and management information, as in serious financial | ||||||
14 | difficulty in the current or next school year, or (iv) is | ||||||
15 | determined to be likely to fail to fully meet any regularly | ||||||
16 | scheduled, payroll-period obligations when due or any debt | ||||||
17 | service payments when due or both. In addition to financial, | ||||||
18 | technical, and consulting services provided by the State Board | ||||||
19 | of Education, at the request of a school district, the State | ||||||
20 | Superintendent may provide for an independent financial | ||||||
21 | consultant to assist the district review its financial | ||||||
22 | condition and options.
| ||||||
23 | (b) The State Board of Education, after proper | ||||||
24 | investigation of a district's
financial condition, may certify | ||||||
25 | that a district, including any district
subject to Article 34A, | ||||||
26 | is in financial difficulty
when any of the following conditions |
| |||||||
| |||||||
1 | occur:
| ||||||
2 | (1) The district has issued school or teacher orders | ||||||
3 | for wages as permitted in Sections
8-16, 32-7.2 and 34-76 | ||||||
4 | of this Code.
| ||||||
5 | (2) The district has issued tax anticipation warrants | ||||||
6 | or tax
anticipation notes in anticipation of a second | ||||||
7 | year's taxes when warrants or
notes in anticipation of | ||||||
8 | current year taxes are still outstanding, as
authorized by | ||||||
9 | Sections 17-16, 34-23, 34-59 and 34-63 of this Code, or has | ||||||
10 | issued short-term debt against 2 future revenue sources, | ||||||
11 | such as, but not limited to, tax anticipation warrants and | ||||||
12 | general State aid or evidence-based funding Aid | ||||||
13 | certificates or tax anticipation warrants and revenue | ||||||
14 | anticipation notes.
| ||||||
15 | (3) The district has for 2 consecutive years shown an | ||||||
16 | excess
of expenditures and other financing uses over | ||||||
17 | revenues and other financing
sources and beginning fund | ||||||
18 | balances on its annual financial report for the
aggregate | ||||||
19 | totals of the Educational, Operations and Maintenance,
| ||||||
20 | Transportation, and Working Cash Funds.
| ||||||
21 | (4) The district refuses to provide financial | ||||||
22 | information or cooperate with the State Superintendent in | ||||||
23 | an investigation of the district's financial condition. | ||||||
24 | (5) The district is likely to fail to fully meet any | ||||||
25 | regularly scheduled, payroll-period obligations when due | ||||||
26 | or any debt service payments when due or both.
|
| |||||||
| |||||||
1 | No school district shall be certified by the State Board of | ||||||
2 | Education to be in financial difficulty solely by
reason of any | ||||||
3 | of the above circumstances arising as a result of (i) the | ||||||
4 | failure
of the county to make any distribution of property tax | ||||||
5 | money due the district
at the time such distribution is due or | ||||||
6 | (ii) the failure of this State to make timely payments of | ||||||
7 | general State aid , evidence-based funding, or any of the | ||||||
8 | mandated categoricals; or if the district clearly demonstrates
| ||||||
9 | to the satisfaction of the State Board of Education at the time | ||||||
10 | of its
determination that such condition no longer exists. If | ||||||
11 | the State Board of
Education certifies that a district in a | ||||||
12 | city with 500,000 inhabitants or
more is in financial | ||||||
13 | difficulty, the State Board shall so notify the
Governor and | ||||||
14 | the Mayor of the city in which the district is located. The
| ||||||
15 | State Board of Education may require school districts certified | ||||||
16 | in
financial difficulty, except those districts subject to | ||||||
17 | Article 34A, to
develop, adopt and submit a financial plan | ||||||
18 | within 45 days after
certification of financial difficulty. The | ||||||
19 | financial plan shall be
developed according to guidelines | ||||||
20 | presented to the district by the State
Board of Education | ||||||
21 | within 14 days of certification. Such guidelines shall
address | ||||||
22 | the specific nature of each district's financial difficulties. | ||||||
23 | Any
proposed budget of the district shall be consistent with | ||||||
24 | the financial plan
submitted to and
approved by the State Board | ||||||
25 | of Education.
| ||||||
26 | A district certified to be in financial difficulty, other |
| |||||||
| |||||||
1 | than a district
subject to Article 34A, shall report to the | ||||||
2 | State Board of Education at
such times and in such manner as | ||||||
3 | the State Board may direct, concerning the
district's | ||||||
4 | compliance with each financial plan. The State Board may review
| ||||||
5 | the district's operations, obtain budgetary data and financial | ||||||
6 | statements,
require the district to produce reports, and have | ||||||
7 | access to any other
information in the possession of the | ||||||
8 | district that it deems relevant. The
State Board may issue | ||||||
9 | recommendations or directives within its powers to
the district | ||||||
10 | to assist in compliance with the financial plan. The district
| ||||||
11 | shall produce such budgetary data, financial statements, | ||||||
12 | reports and other
information and comply with such directives. | ||||||
13 | If the State Board of Education
determines that a district has | ||||||
14 | failed to comply with its financial plan, the
State Board of | ||||||
15 | Education may rescind approval of the plan and appoint a
| ||||||
16 | Financial Oversight Panel for the district as provided in | ||||||
17 | Section 1B-4. This
action shall be taken only after the | ||||||
18 | district has been given notice and an
opportunity to appear | ||||||
19 | before the State Board of Education to discuss its
failure to | ||||||
20 | comply with its financial plan.
| ||||||
21 | No bonds, notes, teachers orders, tax anticipation | ||||||
22 | warrants or other
evidences of indebtedness shall be issued or | ||||||
23 | sold by a school district or
be legally binding upon or | ||||||
24 | enforceable against a local board of education
of a district | ||||||
25 | certified to be in financial difficulty unless and until the
| ||||||
26 | financial plan required under this Section has been approved by |
| |||||||
| |||||||
1 | the State
Board of Education.
| ||||||
2 | Any financial profile compiled and distributed by the State | ||||||
3 | Board of Education in Fiscal Year 2009 or any fiscal year | ||||||
4 | thereafter
shall incorporate such adjustments as may be needed | ||||||
5 | in the profile scores to reflect the financial effects of the
| ||||||
6 | inability or refusal of the State of Illinois to make timely
| ||||||
7 | disbursements of any general State aid , evidence-based | ||||||
8 | funding, or mandated categorical aid payments due school | ||||||
9 | districts or to fully reimburse
school districts for mandated | ||||||
10 | categorical programs pursuant to
reimbursement formulas | ||||||
11 | provided in this School Code.
| ||||||
12 | (Source: P.A. 96-668, eff. 8-25-09; 96-1423, eff. 8-3-10; | ||||||
13 | 97-429, eff. 8-16-11.)
| ||||||
14 | (105 ILCS 5/1B-5) (from Ch. 122, par. 1B-5)
| ||||||
15 | Sec. 1B-5.
When a petition for emergency financial
| ||||||
16 | assistance for a school district is allowed by the State
Board | ||||||
17 | under Section 1B-4, the State Superintendent
shall within 10 | ||||||
18 | days thereafter appoint 3 members
to serve at the State | ||||||
19 | Superintendent's pleasure on a
Financial Oversight Panel for | ||||||
20 | the district. The State
Superintendent shall designate one of | ||||||
21 | the members of the
Panel to serve as its Chairman. In the event | ||||||
22 | of vacancy or
resignation the State Superintendent shall | ||||||
23 | appoint a
successor within 10 days of receiving notice thereof.
| ||||||
24 | Members of the Panel shall be selected primarily on the
| ||||||
25 | basis of their experience and education in financial
|
| |||||||
| |||||||
1 | management, with consideration given to persons
knowledgeable | ||||||
2 | in education finance. A member of the Panel
may not be a board | ||||||
3 | member or employee of the district for
which the Panel is | ||||||
4 | constituted, nor may a member have a
direct financial interest | ||||||
5 | in that district.
| ||||||
6 | Panel members shall serve without compensation, but may
be | ||||||
7 | reimbursed for travel and other necessary expenses
incurred in | ||||||
8 | the performance of their official duties by the
State Board. | ||||||
9 | The amount reimbursed Panel
members for their expenses shall be | ||||||
10 | charged to the school
district as part of any emergency | ||||||
11 | financial assistance and
incorporated as a part of the terms | ||||||
12 | and conditions for
repayment of such assistance or shall be | ||||||
13 | deducted from the district's general
State aid or | ||||||
14 | evidence-based funding as provided in Section 1B-8.
| ||||||
15 | The first meeting of the Panel shall be held at the
call of | ||||||
16 | the Chairman. The Panel may elect such other
officers as it | ||||||
17 | deems appropriate. The Panel shall prescribe
the times and | ||||||
18 | places for its meetings and the manner in
which regular and | ||||||
19 | special meetings may be called, and shall
comply with the Open | ||||||
20 | Meetings Act.
| ||||||
21 | Two members of the Panel shall constitute a quorum, and
the | ||||||
22 | affirmative vote of 2 members shall be necessary for any
| ||||||
23 | decision or action to be taken by the Panel.
| ||||||
24 | The Panel and the State Superintendent
shall cooperate with | ||||||
25 | each other in the exercise of their
respective powers. The | ||||||
26 | Panel shall report not later than
September 1 annually to the |
| |||||||
| |||||||
1 | State Board and the State
Superintendent with respect to its | ||||||
2 | activities and the
condition of the school district for the | ||||||
3 | previous fiscal
year.
| ||||||
4 | Any Financial Oversight Panel established under this
| ||||||
5 | Article shall remain in existence for not less than 3 years
nor | ||||||
6 | more than 10 years from the date the State Board grants
the | ||||||
7 | petition under Section 1B-4. If after 3 years the
school | ||||||
8 | district has repaid all of its obligations resulting
from | ||||||
9 | emergency State financial assistance provided under
this | ||||||
10 | Article and has improved its financial situation, the board of
| ||||||
11 | education may, not more
frequently than once in any 12 month | ||||||
12 | period, petition the
State Board to dissolve the Financial | ||||||
13 | Oversight Panel,
terminate the oversight responsibility, and | ||||||
14 | remove the
district's certification under Section 1A-8 as a | ||||||
15 | district in
financial difficulty. In acting on such a petition | ||||||
16 | the
State Board shall give additional weight to the
| ||||||
17 | recommendations of the State Superintendent and the
Financial | ||||||
18 | Oversight Panel.
| ||||||
19 | (Source: P.A. 88-618, eff. 9-9-94.)
| ||||||
20 | (105 ILCS 5/1B-6) (from Ch. 122, par. 1B-6)
| ||||||
21 | Sec. 1B-6. General powers. The purpose of the Financial | ||||||
22 | Oversight Panel
shall be to exercise financial control over the | ||||||
23 | board of education, and, when
approved by the State Board and | ||||||
24 | the State Superintendent of Education, to
furnish financial | ||||||
25 | assistance so that the board can provide public education
|
| |||||||
| |||||||
1 | within the board's jurisdiction while permitting the board to | ||||||
2 | meet its
obligations to its creditors and the holders of its | ||||||
3 | notes and bonds.
Except as expressly limited by this Article, | ||||||
4 | the Panel shall have all
powers necessary to meet its | ||||||
5 | responsibilities and to carry out its purposes
and the purposes | ||||||
6 | of this Article, including, but not limited to, the following
| ||||||
7 | powers:
| ||||||
8 | (a) to sue and be sued;
| ||||||
9 | (b) to provide for its organization and internal
| ||||||
10 | management;
| ||||||
11 | (c) to appoint a Financial Administrator to serve as
the | ||||||
12 | chief executive officer of the Panel. The Financial
| ||||||
13 | Administrator may be an individual, partnership,
corporation, | ||||||
14 | including an accounting firm, or other entity
determined by the | ||||||
15 | Panel to be qualified to serve; and to
appoint other officers, | ||||||
16 | agents, and employees of the Panel,
define their duties and | ||||||
17 | qualifications and fix their
compensation and employee | ||||||
18 | benefits;
| ||||||
19 | (d) to approve the local board of education appointments to | ||||||
20 | the
positions of treasurer in a Class I county school unit and | ||||||
21 | in each school
district which forms a part of a Class II county | ||||||
22 | school unit but which no
longer is subject to the jurisdiction | ||||||
23 | and authority of a township treasurer
or trustees of schools of | ||||||
24 | a township because the district has withdrawn
from the | ||||||
25 | jurisdiction and authority of the township treasurer and the
| ||||||
26 | trustees of schools of the township or because those offices |
| |||||||
| |||||||
1 | have been
abolished as provided in subsection (b) or (c) of | ||||||
2 | Section 5-1,
and chief school business official, if such | ||||||
3 | official is not the
superintendent of the district. Either the | ||||||
4 | board or the Panel may remove
such treasurer or chief school | ||||||
5 | business official;
| ||||||
6 | (e) to approve any and all bonds, notes, teachers
orders, | ||||||
7 | tax anticipation warrants, and other evidences of
indebtedness | ||||||
8 | prior to issuance or sale by the school
district; and | ||||||
9 | notwithstanding any other provision of The School Code, as
now | ||||||
10 | or hereafter amended, no bonds, notes, teachers orders, tax
| ||||||
11 | anticipation warrants or other evidences of indebtedness shall | ||||||
12 | be issued or
sold by the school district or be legally binding | ||||||
13 | upon or enforceable
against the local board of education unless | ||||||
14 | and until the approval of the
Panel has been received;
| ||||||
15 | (f) to approve all property tax levies of the school
| ||||||
16 | district and require adjustments thereto as the Panel deems
| ||||||
17 | necessary or advisable;
| ||||||
18 | (g) to require and approve a school district financial | ||||||
19 | plan;
| ||||||
20 | (h) to approve and require revisions of the school district | ||||||
21 | budget;
| ||||||
22 | (i) to approve all contracts and other obligations as
the | ||||||
23 | Panel deems necessary and appropriate;
| ||||||
24 | (j) to authorize emergency State financial assistance,
| ||||||
25 | including requirements regarding the terms and conditions of
| ||||||
26 | repayment of such assistance, and to require the board of
|
| |||||||
| |||||||
1 | education to levy a separate local property tax, subject to
the | ||||||
2 | limitations of Section 1B-8, sufficient to repay such
| ||||||
3 | assistance consistent with the terms and conditions of
| ||||||
4 | repayment and the district's approved financial plan and
| ||||||
5 | budget;
| ||||||
6 | (k) to request the regional superintendent to make | ||||||
7 | appointments to
fill all vacancies on the local school board as | ||||||
8 | provided in Section 10-10;
| ||||||
9 | (l) to recommend dissolution or reorganization of the | ||||||
10 | school district
to the General Assembly if in the Panel's | ||||||
11 | judgment the
circumstances so require;
| ||||||
12 | (m) to direct a phased reduction in the oversight | ||||||
13 | responsibilities of
the Financial Administrator and of the | ||||||
14 | Panel as the circumstances permit;
| ||||||
15 | (n) to determine the amount of emergency State
financial | ||||||
16 | assistance to be made available to the school
district, and to | ||||||
17 | establish an operating budget for the Panel
to be supported by | ||||||
18 | funds available from such assistance,
with the assistance and | ||||||
19 | the budget required to be approved
by the State Superintendent;
| ||||||
20 | (o) to procure insurance against any loss in such
amounts | ||||||
21 | and from such insurers as it deems necessary;
| ||||||
22 | (p) to engage the services of consultants for
rendering | ||||||
23 | professional and technical assistance and advice
on matters | ||||||
24 | within the Panel's power;
| ||||||
25 | (q) to contract for and to accept any gifts, grants or
| ||||||
26 | loans of funds or property or financial or other aid in any
|
| |||||||
| |||||||
1 | form from the federal government, State government, unit of
| ||||||
2 | local government, school district or any agency or
| ||||||
3 | instrumentality thereof, or from any other private or public
| ||||||
4 | source, and to comply with the terms and conditions thereof;
| ||||||
5 | (r) to pay the expenses of its operations based on the
| ||||||
6 | Panel's budget as approved by the State Superintendent from
| ||||||
7 | emergency financial assistance funds available to the
district | ||||||
8 | or from deductions from the district's general State aid or | ||||||
9 | evidence-based funding ;
| ||||||
10 | (s) to do any and all things necessary or convenient
to | ||||||
11 | carry out its purposes and exercise the powers given to
the | ||||||
12 | Panel by this Article; and
| ||||||
13 | (t) to recommend the creation of a school finance authority
| ||||||
14 | pursuant to Article 1F of this Code.
| ||||||
15 | (Source: P.A. 91-357, eff. 7-29-99; 92-855, eff. 12-6-02.)
| ||||||
16 | (105 ILCS 5/1B-7) (from Ch. 122, par. 1B-7)
| ||||||
17 | Sec. 1B-7. Financial Administrator; Powers and
Duties. The | ||||||
18 | Financial Administrator appointed by the
Financial Oversight | ||||||
19 | Panel shall serve as the Panel's chief
executive officer. The | ||||||
20 | Financial Administrator shall
exercise the powers and duties | ||||||
21 | required by the Panel,
including but not limited to the | ||||||
22 | following:
| ||||||
23 | (a) to provide guidance and recommendations to the
local | ||||||
24 | board and officials of the school district in
developing the | ||||||
25 | district's financial plan and budget prior to
board action;
|
| |||||||
| |||||||
1 | (b) to direct the local board to reorganize its
financial | ||||||
2 | accounts, budgetary systems, and internal
accounting and | ||||||
3 | financial controls, in whatever manner the
Panel deems | ||||||
4 | appropriate to achieve greater financial
responsibility and to | ||||||
5 | reduce financial inefficiency, and to
provide technical | ||||||
6 | assistance to aid the district in
accomplishing the | ||||||
7 | reorganization;
| ||||||
8 | (c) to make recommendations to the Financial Oversight
| ||||||
9 | Panel concerning the school district's financial plan and
| ||||||
10 | budget, and all other matters within the scope of the
Panel's | ||||||
11 | authority;
| ||||||
12 | (d) to prepare and recommend to the Panel a proposal
for | ||||||
13 | emergency State financial assistance for the district,
| ||||||
14 | including recommended terms and conditions of repayment, and
an | ||||||
15 | operations budget for the Panel to be funded from the
emergency | ||||||
16 | assistance or from deductions from the district's general State
| ||||||
17 | aid or evidence-based funding ;
| ||||||
18 | (e) to require the local board to prepare and submit
| ||||||
19 | preliminary staffing and budgetary analyses annually prior
to | ||||||
20 | February 1 in such manner and form as the Financial
| ||||||
21 | Administrator shall prescribe; and
| ||||||
22 | (f) subject to the direction of the Panel, to do all
other | ||||||
23 | things necessary or convenient to carry out its
purposes and | ||||||
24 | exercise the powers given to the Panel under
this Article.
| ||||||
25 | (Source: P.A. 88-618, eff. 9-9-94.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
| ||||||
2 | Sec. 1B-8. There is created in the State Treasury a
special | ||||||
3 | fund to be known as the School District Emergency
Financial | ||||||
4 | Assistance Fund (the "Fund"). The School District Emergency
| ||||||
5 | Financial Assistance Fund shall consist of appropriations, | ||||||
6 | loan repayments, grants from the
federal government, and | ||||||
7 | donations from any public or private source. Moneys in
the Fund
| ||||||
8 | may be appropriated only to the Illinois Finance Authority and
| ||||||
9 | the State Board for
those purposes authorized under this | ||||||
10 | Article and Articles
1F and 1H of this Code.
The appropriation | ||||||
11 | may be
allocated and expended by the State Board for | ||||||
12 | contractual services to provide technical assistance or | ||||||
13 | consultation to school districts to assess their financial | ||||||
14 | condition and to Financial Oversight Panels that petition for | ||||||
15 | emergency financial assistance grants. The Illinois Finance | ||||||
16 | Authority may provide
loans to school districts which are the | ||||||
17 | subject of an
approved petition for emergency financial | ||||||
18 | assistance under
Section 1B-4,
1F-62, or 1H-65 of this Code. | ||||||
19 | Neither the State Board of Education nor the Illinois Finance | ||||||
20 | Authority may collect any fees for providing these services. | ||||||
21 | From the amount allocated to each such school
district | ||||||
22 | under this Article the State Board shall identify a sum | ||||||
23 | sufficient to
cover all approved costs of the Financial | ||||||
24 | Oversight Panel
established for the respective school | ||||||
25 | district. If the State Board and State
Superintendent of | ||||||
26 | Education have not approved emergency financial assistance in
|
| |||||||
| |||||||
1 | conjunction with the appointment of a Financial Oversight | ||||||
2 | Panel, the Panel's
approved costs shall be paid from deductions | ||||||
3 | from the district's general State
aid or evidence-based | ||||||
4 | funding .
| ||||||
5 | The Financial Oversight Panel may prepare and file
with the | ||||||
6 | State Superintendent a proposal for emergency
financial | ||||||
7 | assistance for the school district and for its
operations | ||||||
8 | budget. No expenditures from the Fund shall be
authorized by | ||||||
9 | the State Superintendent until he or she has approved
the | ||||||
10 | request of the Panel, either as submitted or in such
lesser | ||||||
11 | amount determined by the State Superintendent.
| ||||||
12 | The maximum amount of an emergency financial assistance | ||||||
13 | loan
which may be allocated to any school district under this
| ||||||
14 | Article, including moneys necessary for the operations of
the | ||||||
15 | Panel, shall not exceed $4,000 times the number of pupils
| ||||||
16 | enrolled in the school district during the school year
ending | ||||||
17 | June 30 prior to the date of approval by the State
Board of the | ||||||
18 | petition for emergency financial assistance, as
certified to | ||||||
19 | the local board and the Panel by the State
Superintendent.
An | ||||||
20 | emergency financial assistance grant shall not exceed $1,000 | ||||||
21 | times the
number of such pupils. A district may receive both a | ||||||
22 | loan and a grant.
| ||||||
23 | The payment of an emergency State financial assistance | ||||||
24 | grant or loan
shall be subject to appropriation by the General | ||||||
25 | Assembly. Payment of the emergency State financial assistance | ||||||
26 | loan is subject to the applicable provisions of the Illinois |
| |||||||
| |||||||
1 | Finance Authority Act.
Emergency State financial assistance | ||||||
2 | allocated and paid to a school
district under this Article may | ||||||
3 | be applied to any fund or funds from which
the local board of | ||||||
4 | education of that district is authorized to make
expenditures | ||||||
5 | by law.
| ||||||
6 | Any emergency financial assistance grant proposed by the
| ||||||
7 | Financial Oversight Panel and approved by the State
| ||||||
8 | Superintendent may be paid in its entirety during the
initial | ||||||
9 | year of the Panel's existence or spread in equal or
declining | ||||||
10 | amounts over a period of years not to exceed the
period of the | ||||||
11 | Panel's existence. An emergency financial assistance loan | ||||||
12 | proposed by the Financial Oversight Panel and approved by the | ||||||
13 | Illinois Finance Authority may be paid in its entirety during | ||||||
14 | the initial year of the Panel's existence or spread in equal or | ||||||
15 | declining amounts over a period of years not to exceed the | ||||||
16 | period of the Panel's existence. All
loans made by the Illinois | ||||||
17 | Finance Authority for a
school district shall be required to be | ||||||
18 | repaid, with simple interest over
the term of the loan at a | ||||||
19 | rate equal to 50% of the one-year Constant Maturity
Treasury | ||||||
20 | (CMT) yield as last published by the Board of Governors of the | ||||||
21 | Federal
Reserve System before the date on which the district's | ||||||
22 | loan is
approved
by the Illinois Finance Authority, not later | ||||||
23 | than the
date the
Financial Oversight Panel ceases to exist. | ||||||
24 | The Panel shall
establish and the Illinois Finance Authority | ||||||
25 | shall
approve the terms and conditions, including the schedule, | ||||||
26 | of
repayments. The schedule shall provide for repayments
|
| |||||||
| |||||||
1 | commencing July 1 of each year or upon each fiscal year's | ||||||
2 | receipt of moneys from a tax levy for emergency financial | ||||||
3 | assistance. Repayment shall be incorporated into the
annual | ||||||
4 | budget of the school district and may be made from any fund or | ||||||
5 | funds
of the district in which there are moneys available. An | ||||||
6 | emergency financial assistance loan to the Panel or district | ||||||
7 | shall not be considered part of the calculation of a district's | ||||||
8 | debt for purposes of the limitation specified in Section 19-1 | ||||||
9 | of this Code. Default on repayment is subject to the Illinois | ||||||
10 | Grant Funds Recovery Act. When moneys are repaid
as provided | ||||||
11 | herein they shall not be made available to the local board for
| ||||||
12 | further use as emergency financial assistance under this | ||||||
13 | Article at any
time thereafter. All repayments required to be | ||||||
14 | made by a school district
shall be received by the State Board | ||||||
15 | and deposited in the School District
Emergency Financial | ||||||
16 | Assistance Fund.
| ||||||
17 | In establishing the terms and conditions for the
repayment | ||||||
18 | obligation of the school district the Panel shall
annually | ||||||
19 | determine whether a separate local property tax levy is
| ||||||
20 | required. The board of any school district with a tax rate
for | ||||||
21 | educational purposes for the prior year of less than
120% of | ||||||
22 | the maximum rate for educational purposes authorized
by Section | ||||||
23 | 17-2 shall provide for a separate
tax levy for emergency | ||||||
24 | financial assistance repayment
purposes. Such tax levy shall | ||||||
25 | not be subject to referendum approval. The
amount of the levy | ||||||
26 | shall be equal to the
amount necessary to meet the annual |
| |||||||
| |||||||
1 | repayment obligations of
the district as established by the | ||||||
2 | Panel, or 20% of the
amount levied for educational purposes for | ||||||
3 | the prior year,
whichever is less. However, no district shall | ||||||
4 | be
required to levy the tax if the district's operating tax
| ||||||
5 | rate as determined under Section
18-8 , or 18-8.05 , or 18-8.15 | ||||||
6 | exceeds 200% of the district's tax rate for educational
| ||||||
7 | purposes for the prior year.
| ||||||
8 | (Source: P.A. 97-429, eff. 8-16-11.)
| ||||||
9 | (105 ILCS 5/1C-1)
| ||||||
10 | Sec. 1C-1. Purpose. The purpose of this Article is to | ||||||
11 | permit greater
flexibility and efficiency in the distribution | ||||||
12 | and use of certain State funds
available to
local education | ||||||
13 | agencies for the improvement of the quality of educational
| ||||||
14 | services pursuant to locally established priorities.
| ||||||
15 | Through fiscal year 2017, this This Article does not apply | ||||||
16 | to school districts having a population in excess
of 500,000 | ||||||
17 | inhabitants.
| ||||||
18 | (Source: P.A. 88-555, eff. 7-27-94; 89-15, eff. 5-30-95; | ||||||
19 | 89-397, eff.
8-20-95; 89-626, eff. 8-9-96.)
| ||||||
20 | (105 ILCS 5/1C-2)
| ||||||
21 | Sec. 1C-2. Block grants.
| ||||||
22 | (a) For fiscal year 1999, and each fiscal year thereafter, | ||||||
23 | the State Board
of Education shall award to school districts | ||||||
24 | block grants as described in subsection
(c). The State Board of |
| |||||||
| |||||||
1 | Education may adopt
rules and regulations necessary to | ||||||
2 | implement this Section. In accordance with
Section 2-3.32, all | ||||||
3 | state block grants are subject to an audit. Therefore,
block | ||||||
4 | grant receipts and block grant expenditures shall be recorded | ||||||
5 | to the
appropriate fund code.
| ||||||
6 | (b) (Blank).
| ||||||
7 | (c) An Early Childhood Education Block Grant shall be | ||||||
8 | created by combining
the following programs: Preschool | ||||||
9 | Education, Parental Training and Prevention
Initiative. These | ||||||
10 | funds shall be distributed to school districts and other
| ||||||
11 | entities on a competitive basis , except that the State Board of | ||||||
12 | Education shall award to a school district having a population | ||||||
13 | exceeding 500,000 inhabitants 37% of the funds in each fiscal | ||||||
14 | year . Not less than 14% of the Early Childhood Education Block | ||||||
15 | Grant allocation of funds
shall be used to
fund programs for | ||||||
16 | children ages 0-3. Beginning in Fiscal Year 2016, at least 25% | ||||||
17 | of any additional Early Childhood Education Block Grant funding | ||||||
18 | over and above the previous fiscal year's allocation shall be | ||||||
19 | used to fund programs for children ages 0-3. Once the | ||||||
20 | percentage of Early Childhood Education Block Grant funding | ||||||
21 | allocated to programs for children ages 0-3 reaches 20% of the | ||||||
22 | overall Early Childhood Education Block Grant allocation for a | ||||||
23 | full fiscal year, thereafter in subsequent fiscal years the | ||||||
24 | percentage of Early Childhood Education Block Grant funding | ||||||
25 | allocated to programs for children ages 0-3 each fiscal year | ||||||
26 | shall remain at least 20% of the overall Early Childhood |
| |||||||
| |||||||
1 | Education Block Grant allocation. However, if, in a given | ||||||
2 | fiscal year, the amount appropriated for the Early Childhood | ||||||
3 | Education Block Grant is insufficient to increase the | ||||||
4 | percentage of the grant to fund programs for children ages 0-3 | ||||||
5 | without reducing the amount of the grant for existing providers | ||||||
6 | of preschool education programs, then the percentage of the | ||||||
7 | grant to fund programs for children ages 0-3 may be held steady | ||||||
8 | instead of increased.
| ||||||
9 | (Source: P.A. 98-645, eff. 7-1-14; 99-589, eff. 7-21-16.)
| ||||||
10 | (105 ILCS 5/1D-1)
| ||||||
11 | Sec. 1D-1. Block grant funding.
| ||||||
12 | (a) For fiscal year 1996 through fiscal year 2017 and each | ||||||
13 | fiscal year thereafter , the State Board
of Education shall | ||||||
14 | award to a school district having a population exceeding
| ||||||
15 | 500,000 inhabitants a general education block grant and an | ||||||
16 | educational services
block grant, determined as provided in | ||||||
17 | this Section, in lieu of distributing to
the district separate | ||||||
18 | State funding for the programs described in subsections
(b) and | ||||||
19 | (c). The provisions of this Section, however, do not apply to | ||||||
20 | any
federal funds that the district is entitled to receive. In | ||||||
21 | accordance with
Section 2-3.32, all block grants are subject to | ||||||
22 | an audit. Therefore, block
grant receipts and block grant | ||||||
23 | expenditures shall be recorded to the
appropriate fund code for | ||||||
24 | the designated block grant.
| ||||||
25 | (b) The general education block grant shall include the |
| |||||||
| |||||||
1 | following
programs: REI Initiative, Summer Bridges, Preschool | ||||||
2 | At Risk, K-6
Comprehensive Arts, School Improvement Support, | ||||||
3 | Urban Education, Scientific
Literacy, Substance Abuse | ||||||
4 | Prevention, Second Language Planning, Staff
Development, | ||||||
5 | Outcomes and Assessment, K-6 Reading Improvement, 7-12 | ||||||
6 | Continued
Reading Improvement, Truants'
Optional Education, | ||||||
7 | Hispanic Programs, Agriculture Education,
Parental Education, | ||||||
8 | Prevention Initiative, Report Cards, and Criminal
Background | ||||||
9 | Investigations. Notwithstanding any other provision of law, | ||||||
10 | all
amounts paid under the general education block grant from | ||||||
11 | State appropriations
to a school district in a city having a | ||||||
12 | population exceeding 500,000
inhabitants shall be appropriated | ||||||
13 | and expended by the board of that district
for any of the | ||||||
14 | programs included in the block grant or any of the board's
| ||||||
15 | lawful purposes.
| ||||||
16 | (c) The educational services block grant shall include the | ||||||
17 | following
programs: Regular and Vocational Transportation, | ||||||
18 | State Lunch and
Free Breakfast Program, Special Education | ||||||
19 | (Personnel,
Transportation, Orphanage, Private Tuition), | ||||||
20 | funding
for children requiring special education services, | ||||||
21 | Summer School,
Educational Service Centers, and | ||||||
22 | Administrator's Academy. This subsection (c)
does not relieve | ||||||
23 | the district of its obligation to provide the services
required | ||||||
24 | under a program that is included within the educational | ||||||
25 | services block
grant. It is the intention of the General | ||||||
26 | Assembly in enacting the provisions
of this subsection (c) to |
| |||||||
| |||||||
1 | relieve the district of the administrative burdens
that impede | ||||||
2 | efficiency and accompany single-program funding. The General
| ||||||
3 | Assembly encourages the board to pursue mandate waivers | ||||||
4 | pursuant to Section
2-3.25g. | ||||||
5 | The funding program included in the educational services | ||||||
6 | block grant
for funding for children requiring special | ||||||
7 | education services in each fiscal
year shall be treated in that | ||||||
8 | fiscal year as a payment to the school district
in respect of | ||||||
9 | services provided or costs incurred in the prior fiscal year,
| ||||||
10 | calculated in each case as provided in this Section. Nothing in | ||||||
11 | this Section
shall change the nature of payments for any | ||||||
12 | program that, apart from this
Section, would be or, prior to | ||||||
13 | adoption or amendment of this Section, was on
the basis of a | ||||||
14 | payment in a fiscal year in respect of services provided or
| ||||||
15 | costs incurred in the prior fiscal year, calculated in each | ||||||
16 | case as provided
in this Section.
| ||||||
17 | (d) For fiscal year 1996 through fiscal year 2017 and each | ||||||
18 | fiscal year thereafter , the amount
of the district's block | ||||||
19 | grants shall be determined as follows:
(i) with respect to each | ||||||
20 | program that is included within each block grant, the
district | ||||||
21 | shall receive an amount equal to the same percentage of the | ||||||
22 | current
fiscal year appropriation made for that program as the | ||||||
23 | percentage of the
appropriation received by the district from | ||||||
24 | the 1995 fiscal year appropriation
made for that program, and
| ||||||
25 | (ii) the total amount that is due the district under the block | ||||||
26 | grant shall be
the aggregate of the amounts that the district |
| |||||||
| |||||||
1 | is entitled to receive for the
fiscal year with respect to each | ||||||
2 | program that is included within the block
grant that the State | ||||||
3 | Board of Education shall award the district under this
Section | ||||||
4 | for that fiscal year. In the case of the Summer Bridges | ||||||
5 | program,
the amount of the district's block grant shall be | ||||||
6 | equal to 44% of the amount
of the current fiscal year | ||||||
7 | appropriation made for that program.
| ||||||
8 | (e) The district is not required to file any application or | ||||||
9 | other claim in
order to receive the block grants to which it is | ||||||
10 | entitled under this Section.
The State Board of Education shall | ||||||
11 | make payments to the district of amounts due
under the | ||||||
12 | district's block grants on a schedule determined by the State | ||||||
13 | Board
of Education.
| ||||||
14 | (f) A school district to which this Section applies shall | ||||||
15 | report to the
State Board of Education on its use of the block | ||||||
16 | grants in such form and detail
as the State Board of Education | ||||||
17 | may specify. In addition, the report must include the following | ||||||
18 | description for the district, which must also be reported to | ||||||
19 | the General Assembly: block grant allocation and expenditures | ||||||
20 | by program; population and service levels by program; and | ||||||
21 | administrative expenditures by program. The State Board of | ||||||
22 | Education shall ensure that the reporting requirements for the | ||||||
23 | district are the same as for all other school districts in this | ||||||
24 | State.
| ||||||
25 | (g) Through fiscal year 2017, this This paragraph provides | ||||||
26 | for the treatment of block grants under Article
1C for purposes |
| |||||||
| |||||||
1 | of calculating the amount of block grants for a district under
| ||||||
2 | this Section. Those block grants under Article 1C are, for this
| ||||||
3 | purpose, treated as included in the amount of appropriation for | ||||||
4 | the various
programs set forth in paragraph (b) above. The | ||||||
5 | appropriation in each current
fiscal year for each block grant | ||||||
6 | under Article 1C shall be treated for these
purposes as | ||||||
7 | appropriations for the individual program included in that | ||||||
8 | block
grant. The proportion of each block grant so allocated to | ||||||
9 | each such program
included in it shall be the proportion which | ||||||
10 | the appropriation for that program
was of all appropriations | ||||||
11 | for such purposes now in that block grant, in fiscal
1995.
| ||||||
12 | Payments to the school district under this Section with | ||||||
13 | respect to each
program for which payments to school districts | ||||||
14 | generally, as of the date of
this
amendatory Act of the 92nd | ||||||
15 | General Assembly, are on a reimbursement basis
shall continue | ||||||
16 | to be made to the district on a reimbursement basis, pursuant
| ||||||
17 | to the provisions of this Code governing those programs.
| ||||||
18 | (h) Notwithstanding any other provision of law, any school | ||||||
19 | district
receiving a block grant under this Section may | ||||||
20 | classify all or a portion of
the funds that it receives in a | ||||||
21 | particular fiscal year from any block grant
authorized under | ||||||
22 | this Code or from general State aid pursuant to Section
18-8.05 | ||||||
23 | of this Code (other than supplemental general State aid) as
| ||||||
24 | funds received in connection with any funding program for which | ||||||
25 | it is
entitled to receive funds from the State in that fiscal | ||||||
26 | year (including,
without limitation, any funding program |
| |||||||
| |||||||
1 | referred to in subsection (c) of
this Section), regardless of | ||||||
2 | the source or timing of the receipt. The
district may not | ||||||
3 | classify more funds as funds received in connection
with the | ||||||
4 | funding program than the district is entitled to receive in | ||||||
5 | that
fiscal year for that program. Any classification by a | ||||||
6 | district must be made by
a resolution
of its board of | ||||||
7 | education. The resolution must identify the amount of any
block | ||||||
8 | grant or general State aid to be classified under this | ||||||
9 | subsection (h)
and must specify the funding program to which | ||||||
10 | the funds are to be
treated as received in connection | ||||||
11 | therewith. This resolution is
controlling as to the | ||||||
12 | classification of funds referenced therein. A certified
copy of | ||||||
13 | the resolution must be sent to the State Superintendent of
| ||||||
14 | Education.
The resolution shall still take effect even though a | ||||||
15 | copy of the resolution
has not been sent to the State
| ||||||
16 | Superintendent of Education in a timely manner.
No | ||||||
17 | classification under this subsection (h) by a district shall
| ||||||
18 | affect the total amount or timing of money the district is | ||||||
19 | entitled to receive
under this Code.
No classification under | ||||||
20 | this subsection (h) by a district
shall in any way relieve the | ||||||
21 | district from or affect any
requirements that otherwise would | ||||||
22 | apply with respect to the
block grant as provided in this | ||||||
23 | Section, including any
accounting of funds by source, reporting | ||||||
24 | expenditures by
original source and purpose,
reporting | ||||||
25 | requirements, or requirements of provision of
services.
| ||||||
26 | (Source: P.A. 97-238, eff. 8-2-11; 97-324, eff. 8-12-11; |
| |||||||
| |||||||
1 | 97-813, eff. 7-13-12.)
| ||||||
2 | (105 ILCS 5/1E-20)
| ||||||
3 | (This Section scheduled to be repealed in accordance with | ||||||
4 | 105 ILCS 5/1E-165) | ||||||
5 | Sec. 1E-20. Members of Authority; meetings.
| ||||||
6 | (a) When a petition for a School Finance Authority is | ||||||
7 | allowed by the State
Board under Section 1E-15 of this Code, | ||||||
8 | the State Superintendent shall within
10 days thereafter | ||||||
9 | appoint 5 members to serve on a School Finance Authority for
| ||||||
10 | the district. Of the initial members, 2 shall be appointed to | ||||||
11 | serve a
term of 2 years and 3 shall be appointed to serve a term | ||||||
12 | of 3 years.
Thereafter, each member shall serve for a term of 3 | ||||||
13 | years and until his or her
successor has been appointed. The | ||||||
14 | State Superintendent shall designate one of
the members of the | ||||||
15 | Authority to serve as its Chairperson. In the event
of vacancy | ||||||
16 | or resignation, the State Superintendent shall, within 10
days | ||||||
17 | after receiving notice, appoint a successor to serve out that
| ||||||
18 | member's term. The State Superintendent may remove a member for
| ||||||
19 | incompetence, malfeasance, neglect of duty, or other just | ||||||
20 | cause.
| ||||||
21 | Members of the Authority shall be selected primarily on the | ||||||
22 | basis
of their experience and education in financial | ||||||
23 | management,
with consideration given to persons knowledgeable | ||||||
24 | in education finance.
Two members of the Authority shall be | ||||||
25 | residents of the school district that the
Authority serves. A |
| |||||||
| |||||||
1 | member of the Authority may not be a member of the
district's | ||||||
2 | school board or an
employee of the district
nor may
a
member | ||||||
3 | have a direct financial interest in the district.
| ||||||
4 | Authority members shall serve without compensation, but | ||||||
5 | may
be reimbursed by the State Board for travel and other | ||||||
6 | necessary
expenses incurred in the performance of their | ||||||
7 | official duties.
Unless paid from bonds issued under Section | ||||||
8 | 1E-65 of this Code, the amount
reimbursed members for their | ||||||
9 | expenses shall be charged
to the school district as part of any | ||||||
10 | emergency financial
assistance and incorporated as a part of | ||||||
11 | the terms and conditions
for repayment of the assistance or | ||||||
12 | shall be deducted from the
district's general State aid or | ||||||
13 | evidence-based funding as provided in Section 1B-8 of this | ||||||
14 | Code.
| ||||||
15 | The Authority may elect such officers as it deems | ||||||
16 | appropriate.
| ||||||
17 | (b) The first meeting of the Authority shall be held at the | ||||||
18 | call of the
Chairperson.
The
Authority shall prescribe the | ||||||
19 | times and places for its meetings and the manner
in which | ||||||
20 | regular and special meetings may be called and shall comply | ||||||
21 | with the
Open Meetings Act.
| ||||||
22 | Three members of the Authority shall constitute a quorum.
| ||||||
23 | When a vote is taken upon any measure before the Authority, a | ||||||
24 | quorum
being present, a majority of the votes of the members | ||||||
25 | voting on the
measure shall determine the outcome.
| ||||||
26 | (Source: P.A. 92-547, eff. 6-13-02 .)
|
| |||||||
| |||||||
1 | (105 ILCS 5/1F-20)
| ||||||
2 | (This Section scheduled to be repealed in accordance with 105 | ||||||
3 | ILCS 5/1F-165) | ||||||
4 | Sec. 1F-20. Members of Authority; meetings.
| ||||||
5 | (a) Upon establishment of a School Finance Authority
under | ||||||
6 | Section 1F-15 of this Code, the State Superintendent shall | ||||||
7 | within
15 days thereafter appoint 5 members to serve on a | ||||||
8 | School Finance Authority for
the district. Of the initial | ||||||
9 | members, 2 shall be appointed to serve a
term of 2 years and 3 | ||||||
10 | shall be appointed to serve a term of 3 years.
Thereafter, each | ||||||
11 | member shall serve for a term of 3 years and until his or her
| ||||||
12 | successor has been appointed. The State Superintendent shall | ||||||
13 | designate one of
the members of the Authority to serve as its | ||||||
14 | Chairperson. In the event
of vacancy or resignation, the State | ||||||
15 | Superintendent shall, within 10
days after receiving notice, | ||||||
16 | appoint a successor to serve out that
member's term. The State | ||||||
17 | Superintendent may remove a member for
incompetence, | ||||||
18 | malfeasance, neglect of duty, or other just cause.
| ||||||
19 | Members of the Authority shall be selected primarily on the | ||||||
20 | basis
of their experience and education in financial | ||||||
21 | management,
with consideration given to persons knowledgeable | ||||||
22 | in education finance.
Two members of the Authority shall be | ||||||
23 | residents of the school district that the
Authority serves. A | ||||||
24 | member of the Authority may not be a member of the
district's | ||||||
25 | school board or an
employee of the district
nor may
a
member |
| |||||||
| |||||||
1 | have a direct financial interest in the district.
| ||||||
2 | Authority members shall be paid a stipend approved by the | ||||||
3 | State Superintendent of not more than $100 per meeting and may
| ||||||
4 | be reimbursed by the State Board for travel and other necessary
| ||||||
5 | expenses incurred in the performance of their official duties.
| ||||||
6 | Unless paid from bonds issued under Section 1F-65 of this Code, | ||||||
7 | the amount
reimbursed members for their expenses shall be | ||||||
8 | charged
to the school district as part of any emergency | ||||||
9 | financial
assistance and incorporated as a part of the terms | ||||||
10 | and conditions
for repayment of the assistance or shall be | ||||||
11 | deducted from the
district's general State aid or | ||||||
12 | evidence-based funding as provided in Section 1B-8 of this | ||||||
13 | Code.
| ||||||
14 | The Authority may elect such officers as it deems | ||||||
15 | appropriate.
| ||||||
16 | (b) The first meeting of the Authority shall be held at the | ||||||
17 | call of the
Chairperson.
The
Authority shall prescribe the | ||||||
18 | times and places for its meetings and the manner
in which | ||||||
19 | regular and special meetings may be called and shall comply | ||||||
20 | with the
Open Meetings Act.
| ||||||
21 | Three members of the Authority shall constitute a quorum.
| ||||||
22 | When a vote is taken upon any measure before the Authority, a | ||||||
23 | quorum
being present, a majority of the votes of the members | ||||||
24 | voting on the
measure shall determine the outcome.
| ||||||
25 | (Source: P.A. 94-234, eff. 7-1-06 .)
|
| |||||||
| |||||||
1 | (105 ILCS 5/1F-62)
| ||||||
2 | (This Section scheduled to be repealed in accordance with 105 | ||||||
3 | ILCS 5/1F-165) | ||||||
4 | Sec. 1F-62. School District Emergency Financial Assistance | ||||||
5 | Fund;
grants and loans. | ||||||
6 | (a) Moneys in the School District Emergency Financial | ||||||
7 | Assistance Fund
established under Section 1B-8 of this Code may | ||||||
8 | be allocated and
expended by the State Board as grants to | ||||||
9 | provide technical and consulting services to school districts | ||||||
10 | to assess their financial condition and by the Illinois Finance | ||||||
11 | Authority for emergency financial assistance loans to a School | ||||||
12 | Finance
Authority that petitions for
emergency financial
| ||||||
13 | assistance.
An emergency financial assistance loan to a School | ||||||
14 | Finance Authority or borrowing from
sources other than the | ||||||
15 | State shall not be
considered as part of the calculation of a | ||||||
16 | district's debt for purposes of
the limitation specified in | ||||||
17 | Section 19-1 of this Code. From the amount allocated to each | ||||||
18 | School Finance Authority, the State Board shall identify a sum | ||||||
19 | sufficient to cover all approved costs of the School Finance | ||||||
20 | Authority. If the State Board and State Superintendent have not | ||||||
21 | approved emergency financial assistance in conjunction with | ||||||
22 | the appointment of a School Finance Authority, the Authority's | ||||||
23 | approved costs shall be paid from deductions from the | ||||||
24 | district's general State aid or evidence-based funding . | ||||||
25 | The School Finance Authority may prepare and file with the | ||||||
26 | State
Superintendent a proposal for emergency financial |
| |||||||
| |||||||
1 | assistance for the school district and for its operations | ||||||
2 | budget. No expenditures shall be
authorized by the State | ||||||
3 | Superintendent until he or she has approved
the proposal of the | ||||||
4 | School Finance Authority, either as submitted or in such lesser | ||||||
5 | amount determined by the State Superintendent.
| ||||||
6 | (b) The amount of an emergency financial assistance
loan | ||||||
7 | that may be allocated to a School Finance Authority under this | ||||||
8 | Article,
including moneys necessary for the operations of the | ||||||
9 | School Finance Authority, and borrowing
from sources other than | ||||||
10 | the State shall not
exceed, in the aggregate, $4,000 times the | ||||||
11 | number of pupils enrolled in the
district
during the school | ||||||
12 | year ending June 30 prior to the date of approval by
the State | ||||||
13 | Board of the petition for emergency financial assistance, as
| ||||||
14 | certified to the school board and the School Finance Authority | ||||||
15 | by the State
Superintendent.
However, this limitation does not | ||||||
16 | apply to borrowing by the district secured
by
amounts levied by | ||||||
17 | the district prior to establishment of the School Finance
| ||||||
18 | Authority. An emergency financial assistance grant shall not | ||||||
19 | exceed $1,000 times the number of such pupils. A district may | ||||||
20 | receive both a loan and a grant.
| ||||||
21 | (c) The payment of a State emergency financial assistance | ||||||
22 | grant or loan
shall be subject to appropriation by the General | ||||||
23 | Assembly. State
emergency financial assistance allocated and | ||||||
24 | paid to a School Finance Authority
under this Article may be | ||||||
25 | applied to any fund or funds from which the
School Finance
| ||||||
26 | Authority is authorized to make expenditures by
law.
|
| |||||||
| |||||||
1 | (d) Any State emergency financial assistance proposed by | ||||||
2 | the
School Finance Authority and approved by the State | ||||||
3 | Superintendent may be paid in its
entirety during the initial | ||||||
4 | year of the School Finance Authority's existence or spread in
| ||||||
5 | equal or declining amounts over a period of years not to exceed | ||||||
6 | the
period of the School Finance Authority's existence. The | ||||||
7 | State Superintendent shall not
approve any loan to the School | ||||||
8 | Finance Authority unless the School Finance Authority has been
| ||||||
9 | unable to borrow sufficient funds to operate the district.
| ||||||
10 | All loan payments made from the School District Emergency
| ||||||
11 | Financial Assistance Fund to a School Finance Authority shall | ||||||
12 | be required to be
repaid not later than the date the School | ||||||
13 | Finance Authority ceases to exist, with simple
interest over | ||||||
14 | the term of the loan at a rate equal to
50% of the one-year | ||||||
15 | Constant Maturity Treasury (CMT) yield as last published
by the | ||||||
16 | Board of Governors of the Federal Reserve System
before the
| ||||||
17 | date on which the School Finance Authority's loan is approved | ||||||
18 | by the State
Board.
| ||||||
19 | The School Finance Authority shall establish and the | ||||||
20 | Illinois Finance Authority shall
approve the terms and | ||||||
21 | conditions of the loan, including the schedule of
repayments.
| ||||||
22 | The schedule shall provide for repayments commencing July 1 of | ||||||
23 | each
year or upon each fiscal year's receipt of moneys from a | ||||||
24 | tax levy for emergency financial assistance. Repayment shall be | ||||||
25 | incorporated into the annual budget of the
district and may be | ||||||
26 | made from any fund or funds of the district in
which there are |
| |||||||
| |||||||
1 | moneys available. Default on repayment is subject to the | ||||||
2 | Illinois Grant Funds Recovery Act.
When moneys are repaid as | ||||||
3 | provided
in this Section, they shall not be made available to | ||||||
4 | the School Finance Authority for
further use as emergency | ||||||
5 | financial assistance under this Article at any
time thereafter. | ||||||
6 | All repayments required to be made by a School Finance | ||||||
7 | Authority
shall be received by the State Board and deposited in | ||||||
8 | the School District
Emergency Financial Assistance Fund.
| ||||||
9 | In establishing the terms and conditions for the repayment
| ||||||
10 | obligation of the School Finance Authority, the School Finance
| ||||||
11 | Authority shall annually determine
whether a separate local | ||||||
12 | property tax levy is required to meet that obligation.
The | ||||||
13 | School Finance Authority
shall provide for a separate tax
levy | ||||||
14 | for emergency financial assistance repayment purposes. This | ||||||
15 | tax
levy shall not be subject to referendum approval. The | ||||||
16 | amount of the levy
shall not exceed the amount necessary to | ||||||
17 | meet the annual
emergency financial repayment
obligations of | ||||||
18 | the district, including principal and interest, as established
| ||||||
19 | by the School Finance Authority.
| ||||||
20 | (Source: P.A. 94-234, eff. 7-1-06 .)
| ||||||
21 | (105 ILCS 5/1H-20) | ||||||
22 | Sec. 1H-20. Members of Panel; meetings. | ||||||
23 | (a) Upon establishment of a Financial Oversight Panel under | ||||||
24 | Section 1H-15 of this Code, the State Superintendent shall | ||||||
25 | within 15 working days thereafter appoint 5 members to serve on |
| |||||||
| |||||||
1 | a Financial Oversight Panel for the district. Members appointed | ||||||
2 | to the Panel shall serve at the pleasure of the State | ||||||
3 | Superintendent. The State Superintendent shall designate one | ||||||
4 | of the members of the Panel to serve as its Chairperson. In the | ||||||
5 | event of vacancy or resignation, the State Superintendent | ||||||
6 | shall, within 10 days after receiving notice, appoint a | ||||||
7 | successor to serve out that member's term. | ||||||
8 | (b) Members of the Panel shall be selected primarily on the | ||||||
9 | basis of their experience and education in financial | ||||||
10 | management, with consideration given to persons knowledgeable | ||||||
11 | in education finance. Two members of the Panel shall be | ||||||
12 | residents of the school district that the Panel serves. A | ||||||
13 | member of the Panel may not be a member of the district's | ||||||
14 | school board or an employee of the district nor may a member | ||||||
15 | have a direct financial interest in the district. | ||||||
16 | (c) Panel members may be reimbursed by the State Board for | ||||||
17 | travel and other necessary expenses incurred in the performance | ||||||
18 | of their official duties. The amount reimbursed members for | ||||||
19 | their expenses shall be charged to the school district as part | ||||||
20 | of any emergency financial assistance and incorporated as a | ||||||
21 | part of the terms and conditions for repayment of the | ||||||
22 | assistance or shall be deducted from the district's general | ||||||
23 | State aid or evidence-based funding as provided in Section | ||||||
24 | 1H-65 of this Code. | ||||||
25 | (d) With the exception of the chairperson, who shall be | ||||||
26 | designated as provided in subsection (a) of this Section, the |
| |||||||
| |||||||
1 | Panel may elect such officers as it deems appropriate. | ||||||
2 | (e) The first meeting of the Panel shall be held at the | ||||||
3 | call of the Chairperson. The Panel shall prescribe the times | ||||||
4 | and places for its meetings and the manner in which regular and | ||||||
5 | special meetings may be called and shall comply with the Open | ||||||
6 | Meetings Act. The Panel shall also comply with the Freedom of | ||||||
7 | Information Act. | ||||||
8 | (f) Three members of the Panel shall constitute a quorum. A | ||||||
9 | majority of members present is required to pass a measure.
| ||||||
10 | (Source: P.A. 97-429, eff. 8-16-11.) | ||||||
11 | (105 ILCS 5/1H-70) | ||||||
12 | Sec. 1H-70. Tax anticipation warrants, tax anticipation | ||||||
13 | notes, revenue anticipation certificates or notes, general | ||||||
14 | State aid or evidence-based funding anticipation certificates, | ||||||
15 | and lines of credit. With the approval of the State | ||||||
16 | Superintendent and provided that the district is unable to | ||||||
17 | secure short-term financing after 3 attempts, a Panel shall | ||||||
18 | have the same power as a district to do the following: | ||||||
19 | (1) issue tax anticipation warrants under the | ||||||
20 | provisions of Section 17-16 of this Code against taxes | ||||||
21 | levied by either the school board or the Panel pursuant to | ||||||
22 | Section 1H-25 of this Code; | ||||||
23 | (2) issue tax anticipation notes under the provisions | ||||||
24 | of the Tax Anticipation Note Act against taxes levied by | ||||||
25 | either the school board or the Panel pursuant to Section |
| |||||||
| |||||||
1 | 1H-25 of this Code; | ||||||
2 | (3) issue revenue anticipation certificates or notes | ||||||
3 | under the provisions of the Revenue Anticipation Act; | ||||||
4 | (4) issue general State aid or evidence-based funding | ||||||
5 | anticipation certificates under the provisions of Section | ||||||
6 | 18-18 of this Code; and | ||||||
7 | (5) establish and utilize lines of credit under the | ||||||
8 | provisions of Section 17-17 of this Code. | ||||||
9 | Tax anticipation warrants, tax anticipation notes, revenue | ||||||
10 | anticipation certificates or notes, general State aid or | ||||||
11 | evidence-based funding anticipation certificates, and lines of | ||||||
12 | credit are considered borrowing from sources other than the | ||||||
13 | State and are subject to Section 1H-65 of this Code.
| ||||||
14 | (Source: P.A. 97-429, eff. 8-16-11.) | ||||||
15 | (105 ILCS 5/2-3.33) (from Ch. 122, par. 2-3.33)
| ||||||
16 | Sec. 2-3.33. Recomputation of claims. To recompute within | ||||||
17 | 3 years from the
final date for filing of a claim any claim for | ||||||
18 | general State aid reimbursement to any school
district and one | ||||||
19 | year from the final date for filing of a claim for | ||||||
20 | evidence-based funding if the claim has been found to be | ||||||
21 | incorrect and to adjust subsequent
claims accordingly, and to | ||||||
22 | recompute and adjust any such claims within 6 years
from the | ||||||
23 | final date for filing when there has been an adverse court or
| ||||||
24 | administrative agency decision on
the merits affecting the tax | ||||||
25 | revenues of the school district. However, no such
adjustment |
| |||||||
| |||||||
1 | shall be made regarding equalized assessed valuation unless the
| ||||||
2 | district's equalized assessed valuation is changed by greater | ||||||
3 | than $250,000 or
2%. Any adjustments for claims recomputed for | ||||||
4 | the 2016-2017 school year and prior school years shall be | ||||||
5 | applied to the apportionment of evidence-based funding in | ||||||
6 | Section 18-8.15 of this Code beginning in the 2017-2018 school | ||||||
7 | year and thereafter. However, the recomputation of a claim for | ||||||
8 | evidence-based funding for a school district shall not require | ||||||
9 | the recomputation of claims for all districts, and the State | ||||||
10 | Board of Education shall only make recomputations of | ||||||
11 | evidence-based funding for those districts where an adjustment | ||||||
12 | is required.
| ||||||
13 | Except in the case of an adverse court or administrative | ||||||
14 | agency decision ,
no recomputation of a
State aid claim shall be | ||||||
15 | made pursuant to this Section as a result of a
reduction in the | ||||||
16 | assessed valuation of a school district from the assessed
| ||||||
17 | valuation of the district reported to the State Board of | ||||||
18 | Education by the
Department of Revenue under Section 18-8.05 or | ||||||
19 | 18-8.15 of this Code unless the
requirements of Section
16-15 | ||||||
20 | of the Property Tax Code and Section 2-3.84 of this Code are
| ||||||
21 | complied with in all respects.
| ||||||
22 | This paragraph applies to all requests for recomputation of | ||||||
23 | a general
State aid or evidence-based funding claim received | ||||||
24 | after June 30, 2003. In recomputing a general
State aid or | ||||||
25 | evidence-based funding claim that was originally calculated | ||||||
26 | using an extension
limitation equalized assessed valuation |
| |||||||
| |||||||
1 | under paragraph (3) of
subsection (G) of Section 18-8.05 of | ||||||
2 | this Code or Section 18-8.15 of this Code , a qualifying | ||||||
3 | reduction in
equalized assessed valuation shall be deducted | ||||||
4 | from the extension
limitation equalized assessed valuation | ||||||
5 | that was used in calculating the
original claim.
| ||||||
6 | From the total amount of general State aid or | ||||||
7 | evidence-based funding to be provided to
districts, | ||||||
8 | adjustments as a result of recomputation under this Section
| ||||||
9 | together with adjustments under Section 2-3.84 must not exceed | ||||||
10 | $25
million, in the aggregate for all districts under both | ||||||
11 | Sections combined,
of the general State aid or evidence-based | ||||||
12 | funding appropriation in any fiscal year; if necessary,
amounts | ||||||
13 | shall be prorated among districts. If it is necessary to | ||||||
14 | prorate
claims under this paragraph, then that portion of each | ||||||
15 | prorated claim that is
approved but not paid in the current | ||||||
16 | fiscal year may be resubmitted as a
valid claim in the | ||||||
17 | following fiscal year.
| ||||||
18 | (Source: P.A. 93-845, eff. 7-30-04.)
| ||||||
19 | (105 ILCS 5/2-3.51.5) | ||||||
20 | Sec. 2-3.51.5. School Safety and Educational Improvement | ||||||
21 | Block Grant
Program. To improve the level of education and | ||||||
22 | safety of students from
kindergarten through grade 12 in school | ||||||
23 | districts and State-recognized, non-public schools. The State | ||||||
24 | Board of
Education is authorized to fund a School Safety and | ||||||
25 | Educational Improvement
Block Grant Program. |
| |||||||
| |||||||
1 | (1) For school districts, the program shall provide funding | ||||||
2 | for school safety, textbooks and
software, electronic | ||||||
3 | textbooks and the technological equipment necessary to gain | ||||||
4 | access to and use electronic textbooks, teacher training and | ||||||
5 | curriculum development, school improvements, school
report | ||||||
6 | cards under Section 10-17a, and criminal history records checks
| ||||||
7 | under Sections 10-21.9 and 34-18.5. For State-recognized, | ||||||
8 | non-public schools, the program shall provide funding for | ||||||
9 | secular textbooks and software, criminal history records | ||||||
10 | checks, and health and safety mandates to the extent that the | ||||||
11 | funds are expended for purely secular purposes. A school | ||||||
12 | district
or laboratory school as defined in Section 18-8 , or | ||||||
13 | 18-8.05 , or 18-8.15 is not required
to file an application in | ||||||
14 | order to receive the categorical funding to which it
is | ||||||
15 | entitled under this Section. Funds for the School Safety and | ||||||
16 | Educational
Improvement Block Grant Program shall be | ||||||
17 | distributed to school districts and
laboratory schools based on | ||||||
18 | the prior year's best 3 months average daily
attendance. Funds | ||||||
19 | for the School Safety and Educational Improvement Block Grant | ||||||
20 | Program shall be distributed to State-recognized, non-public | ||||||
21 | schools based on the average daily attendance figure for the | ||||||
22 | previous school year provided to the State Board of Education. | ||||||
23 | The State Board of Education shall develop an application that | ||||||
24 | requires State-recognized, non-public schools to submit | ||||||
25 | average daily attendance figures. A State-recognized, | ||||||
26 | non-public school must submit the application and average daily |
| |||||||
| |||||||
1 | attendance figure prior to receiving funds under this Section. | ||||||
2 | The State Board of Education shall promulgate rules and
| ||||||
3 | regulations necessary for the implementation of this program. | ||||||
4 | (2) Distribution of moneys to school districts and | ||||||
5 | State-recognized, non-public schools shall be made in 2
| ||||||
6 | semi-annual installments, one payment on or before October 30, | ||||||
7 | and one
payment prior to April 30, of each fiscal year. | ||||||
8 | (3) Grants under the School Safety and Educational | ||||||
9 | Improvement Block Grant
Program shall be awarded provided there | ||||||
10 | is an appropriation for the program,
and funding levels for | ||||||
11 | each district shall be prorated according to the amount
of the | ||||||
12 | appropriation. | ||||||
13 | (4) The provisions of this Section are in the public | ||||||
14 | interest, are for the public benefit, and serve secular public | ||||||
15 | purposes. | ||||||
16 | (Source: P.A. 98-972, eff. 8-15-14.)
| ||||||
17 | (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
| ||||||
18 | Sec. 2-3.62. Educational service centers.
| ||||||
19 | (a) A regional network of educational service centers shall | ||||||
20 | be established
by the State Board of Education to coordinate | ||||||
21 | and combine existing services in
a manner which is practical | ||||||
22 | and efficient and to provide new services to
schools as | ||||||
23 | provided in this Section. Services to be made available by such
| ||||||
24 | centers shall include the planning, implementation and | ||||||
25 | evaluation of:
|
| |||||||
| |||||||
1 | (1) (blank);
| ||||||
2 | (2) computer technology education;
| ||||||
3 | (3) mathematics, science and reading resources for | ||||||
4 | teachers including
continuing education, inservice | ||||||
5 | training and staff development.
| ||||||
6 | The centers may provide training, technical assistance, | ||||||
7 | coordination and
planning in other program areas such as school | ||||||
8 | improvement, school
accountability, financial planning, | ||||||
9 | consultation, and services, career guidance, early childhood | ||||||
10 | education, alcohol/drug
education and prevention, family life - | ||||||
11 | sex education, electronic transmission
of data from school | ||||||
12 | districts to the State, alternative education and regional
| ||||||
13 | special education, and telecommunications systems that provide | ||||||
14 | distance
learning. Such telecommunications systems may be | ||||||
15 | obtained through the
Department of Central Management Services | ||||||
16 | pursuant to Section 405-270 of the
Department of Central | ||||||
17 | Management Services Law (20 ILCS 405/405-270). The programs and | ||||||
18 | services of educational
service centers may be offered to | ||||||
19 | private school teachers and private school
students within each | ||||||
20 | service center area provided public schools have already
been | ||||||
21 | afforded adequate access to such programs and services.
| ||||||
22 | Upon the abolition of the office, removal from office, | ||||||
23 | disqualification for office, resignation from office, or | ||||||
24 | expiration of the current term of office of the regional | ||||||
25 | superintendent of schools, whichever is earlier, the chief | ||||||
26 | administrative officer of the centers serving that portion of a |
| |||||||
| |||||||
1 | Class II county school unit outside of a city of 500,000 or | ||||||
2 | more inhabitants shall have and exercise, in and with respect | ||||||
3 | to each educational service region having a population of | ||||||
4 | 2,000,000 or more inhabitants and in and with respect to each | ||||||
5 | school district located in any such educational service region, | ||||||
6 | all of the rights, powers, duties, and responsibilities | ||||||
7 | theretofore vested by law in and exercised and performed by the | ||||||
8 | regional superintendent of schools for that area under the | ||||||
9 | provisions of this Code or any other laws of this State. | ||||||
10 | The State Board of Education shall promulgate rules and | ||||||
11 | regulations necessary
to implement this Section. The rules | ||||||
12 | shall include detailed standards which
delineate the scope and | ||||||
13 | specific content of programs to be provided by each
Educational | ||||||
14 | Service Center, as well as the specific planning, | ||||||
15 | implementation
and evaluation services to be provided by each | ||||||
16 | Center relative to its programs.
The Board shall also provide | ||||||
17 | the standards by which it will evaluate the
programs provided | ||||||
18 | by each Center.
| ||||||
19 | (b) Centers serving Class 1 county school units shall be | ||||||
20 | governed by an
11-member board, 3 members of which shall be | ||||||
21 | public school teachers
nominated by the local bargaining | ||||||
22 | representatives to the appropriate regional
superintendent for | ||||||
23 | appointment and no more than 3 members of which shall be
from | ||||||
24 | each of the following categories, including but not limited to
| ||||||
25 | superintendents, regional superintendents, school board | ||||||
26 | members
and a representative of an institution of higher |
| |||||||
| |||||||
1 | education. The members of
the board shall be appointed by the | ||||||
2 | regional superintendents whose school
districts are served by | ||||||
3 | the educational service center.
The composition of the board | ||||||
4 | will reflect the revisions of this
amendatory Act of 1989 as | ||||||
5 | the terms of office of current members expire.
| ||||||
6 | (c) The centers shall be of sufficient size and number to | ||||||
7 | assure delivery
of services to all local school districts in | ||||||
8 | the State.
| ||||||
9 | (d) From monies appropriated for this program the State | ||||||
10 | Board of
Education shall provide grants paid from the Personal | ||||||
11 | Property Tax Replacement Fund to qualifying Educational | ||||||
12 | Service Centers
applying for such grants in accordance with | ||||||
13 | rules and regulations
promulgated by the State Board of | ||||||
14 | Education to implement this Section.
| ||||||
15 | Notwithstanding anything to the contrary contained in this | ||||||
16 | Section, the State Board of Education shall award to a school | ||||||
17 | district having a population exceeding 500,000 inhabitants | ||||||
18 | 14.9% of the funds appropriated by the General Assembly for any | ||||||
19 | fiscal year for purposes of payment of claims under this | ||||||
20 | Section. | ||||||
21 | (e) The governing authority of each of the 18 regional | ||||||
22 | educational service
centers shall appoint a family life - sex | ||||||
23 | education advisory board
consisting of 2 parents, 2 teachers, 2 | ||||||
24 | school administrators, 2 school
board members, 2 health care | ||||||
25 | professionals, one library system
representative, and the | ||||||
26 | director of the regional educational service center
who shall |
| |||||||
| |||||||
1 | serve as chairperson of the advisory board so appointed. | ||||||
2 | Members
of the family life - sex education advisory boards | ||||||
3 | shall serve without
compensation. Each of the advisory boards | ||||||
4 | appointed pursuant to this
subsection shall develop a plan for | ||||||
5 | regional teacher-parent family life - sex
education training | ||||||
6 | sessions and shall file a written report of such plan
with the | ||||||
7 | governing board of their regional educational service center. | ||||||
8 | The
directors of each of the regional educational service
| ||||||
9 | centers shall thereupon meet, review each of the reports | ||||||
10 | submitted by the
advisory boards and combine those reports into | ||||||
11 | a single written report which
they shall file with the Citizens | ||||||
12 | Council on School Problems prior to the
end of the regular | ||||||
13 | school term of the 1987-1988 school year.
| ||||||
14 | (f) The 14 educational service centers serving Class I | ||||||
15 | county school units
shall be disbanded on the first Monday of | ||||||
16 | August, 1995, and their statutory
responsibilities and | ||||||
17 | programs shall be assumed by the regional offices of
education, | ||||||
18 | subject to rules and regulations developed by
the
State Board | ||||||
19 | of Education. The regional superintendents of schools elected | ||||||
20 | by
the voters residing in all Class I counties shall serve as | ||||||
21 | the chief
administrators for these programs and services.
| ||||||
22 | (Source: P.A. 98-24, eff. 6-19-13; 98-647, eff. 6-13-14; 99-30, | ||||||
23 | eff. 7-10-15.)
| ||||||
24 | (105 ILCS 5/2-3.66) (from Ch. 122, par. 2-3.66)
| ||||||
25 | Sec. 2-3.66. Truants' alternative and optional education |
| |||||||
| |||||||
1 | programs. To
establish projects to offer modified | ||||||
2 | instructional programs or other
services designed to prevent | ||||||
3 | students from dropping out of school,
including programs | ||||||
4 | pursuant to Section 2-3.41, and to serve as a part time
or full | ||||||
5 | time option in lieu of regular school attendance and to award
| ||||||
6 | grants to local school districts, educational service regions | ||||||
7 | or community
college districts from appropriated funds to | ||||||
8 | assist districts in
establishing such projects. The education | ||||||
9 | agency may operate its own
program or enter into a contract | ||||||
10 | with another not-for-profit entity to
implement the program. | ||||||
11 | The projects shall allow dropouts, up to and
including age 21, | ||||||
12 | potential dropouts, including truants, uninvolved,
unmotivated | ||||||
13 | and disaffected students, as defined by State Board of
| ||||||
14 | Education rules and regulations, to enroll, as an alternative | ||||||
15 | to regular
school attendance, in an optional education program | ||||||
16 | which may be
established by school board policy and is in | ||||||
17 | conformance with rules adopted
by the State Board of Education. | ||||||
18 | Truants' Alternative and Optional
Education programs funded | ||||||
19 | pursuant to this Section shall be
planned by a student, the | ||||||
20 | student's parents or legal guardians, unless the
student is 18 | ||||||
21 | years or older, and school officials and shall culminate in
an | ||||||
22 | individualized optional education plan. Such plan shall focus
| ||||||
23 | on academic or vocational skills, or both, and may include, but | ||||||
24 | not be
limited to, evening school, summer school, community | ||||||
25 | college courses, adult
education, preparation courses for high | ||||||
26 | school equivalency testing, vocational training, work |
| |||||||
| |||||||
1 | experience, programs to
enhance self concept and parenting | ||||||
2 | courses. School districts which are
awarded grants pursuant to | ||||||
3 | this Section shall be authorized to provide day
care services | ||||||
4 | to children of students who are eligible and desire to enroll
| ||||||
5 | in programs established and funded under this Section, but only | ||||||
6 | if and to
the extent that such day care is necessary to enable | ||||||
7 | those eligible
students to attend and participate in the | ||||||
8 | programs and courses which are
conducted pursuant to this | ||||||
9 | Section.
School districts and regional offices of education may | ||||||
10 | claim general State
aid under Section 18-8.05 or evidence-based | ||||||
11 | funding under Section 18-8.15 for students enrolled in truants' | ||||||
12 | alternative and
optional education programs, provided that | ||||||
13 | such students are receiving services
that are supplemental to a | ||||||
14 | program leading to a high school diploma and are
otherwise | ||||||
15 | eligible to be claimed for general State aid under Section | ||||||
16 | 18-8.05 or evidence-based funding under Section 18-8.15, as | ||||||
17 | applicable .
| ||||||
18 | Notwithstanding anything to the contrary contained in this | ||||||
19 | Section, the State Board of Education shall award to a school | ||||||
20 | district having a population exceeding 500,000 inhabitants | ||||||
21 | 26.8% of the funds appropriated by the General Assembly for any | ||||||
22 | fiscal year for purposes of payment of claims under this | ||||||
23 | Section. | ||||||
24 | (Source: P.A. 98-718, eff. 1-1-15 .)
| ||||||
25 | (105 ILCS 5/2-3.66b) |
| |||||||
| |||||||
1 | Sec. 2-3.66b. IHOPE Program. | ||||||
2 | (a) There is established the Illinois Hope and Opportunity | ||||||
3 | Pathways through Education (IHOPE) Program. The State Board of | ||||||
4 | Education shall implement and administer the IHOPE Program. The | ||||||
5 | goal of the IHOPE Program is to develop a comprehensive system | ||||||
6 | in this State to re-enroll significant numbers of high school | ||||||
7 | dropouts in programs that will enable them to earn their high | ||||||
8 | school diploma. | ||||||
9 | (b) The IHOPE Program shall award grants, subject to | ||||||
10 | appropriation for this purpose, to educational service regions | ||||||
11 | and a school district organized under Article 34 of this Code | ||||||
12 | from appropriated funds to assist in establishing | ||||||
13 | instructional programs and other services designed to | ||||||
14 | re-enroll high school dropouts. From any funds appropriated for | ||||||
15 | the IHOPE Program, the State Board of Education may use up to | ||||||
16 | 5% for administrative costs, including the performance of a | ||||||
17 | program evaluation and the hiring of staff to implement and | ||||||
18 | administer the program. | ||||||
19 | The IHOPE Program shall provide incentive grant funds for | ||||||
20 | regional offices of education and a school district organized | ||||||
21 | under Article 34 of this Code to develop partnerships with | ||||||
22 | school districts, public community colleges, and community | ||||||
23 | groups to build comprehensive plans to re-enroll high school | ||||||
24 | dropouts in their regions or districts. | ||||||
25 | Programs funded through the IHOPE Program shall allow high | ||||||
26 | school dropouts, up to and including age 21 notwithstanding |
| |||||||
| |||||||
1 | Section 26-2 of this Code, to re-enroll in an educational | ||||||
2 | program in conformance with rules adopted by the State Board of | ||||||
3 | Education. Programs may include without limitation | ||||||
4 | comprehensive year-round programming, evening school, summer | ||||||
5 | school, community college courses, adult education, vocational | ||||||
6 | training, work experience, programs to enhance self-concept, | ||||||
7 | and parenting courses. Any student in the IHOPE Program who | ||||||
8 | wishes to earn a high school diploma must meet the | ||||||
9 | prerequisites to receiving a high school diploma specified in | ||||||
10 | Section 27-22 of this Code and any other graduation | ||||||
11 | requirements of the student's district of residence. Any | ||||||
12 | student who successfully completes the requirements for his or | ||||||
13 | her graduation shall receive a diploma identifying the student | ||||||
14 | as graduating from his or her district of residence. | ||||||
15 | (c) In order to be eligible for funding under the IHOPE | ||||||
16 | Program, an interested regional office of education or a school | ||||||
17 | district organized under Article 34 of this Code shall develop | ||||||
18 | an IHOPE Plan to be approved by the State Board of Education. | ||||||
19 | The State Board of Education shall develop rules for the IHOPE | ||||||
20 | Program that shall set forth the requirements for the | ||||||
21 | development of the IHOPE Plan. Each Plan shall involve school | ||||||
22 | districts, public community colleges, and key community | ||||||
23 | programs that work with high school dropouts located in an | ||||||
24 | educational service region or the City of Chicago before the | ||||||
25 | Plan is sent to the State Board for approval. No funds may be | ||||||
26 | distributed to a regional office of education or a school |
| |||||||
| |||||||
1 | district organized under Article 34 of this Code until the | ||||||
2 | State Board has approved the Plan. | ||||||
3 | (d) A regional office of education or a school district | ||||||
4 | organized under Article 34 of this Code may operate its own | ||||||
5 | program funded by the IHOPE Program or enter into a contract | ||||||
6 | with other not-for-profit entities, including school | ||||||
7 | districts, public community colleges, and not-for-profit | ||||||
8 | community-based organizations, to operate a program. | ||||||
9 | A regional office of education or a school district | ||||||
10 | organized under Article 34 of this Code that receives an IHOPE | ||||||
11 | grant from the State Board of Education may provide funds under | ||||||
12 | a sub-grant, as specified in the IHOPE Plan, to other | ||||||
13 | not-for-profit entities to provide services according to the | ||||||
14 | IHOPE Plan that was developed. These other entities may include | ||||||
15 | school districts, public community colleges, or not-for-profit | ||||||
16 | community-based organizations or a cooperative partnership | ||||||
17 | among these entities. | ||||||
18 | (e) In order to distribute funding based upon the need to | ||||||
19 | ensure delivery of programs that will have the greatest impact, | ||||||
20 | IHOPE Program funding must be distributed based upon the | ||||||
21 | proportion of dropouts in the educational service region or | ||||||
22 | school district, in the case of a school district organized | ||||||
23 | under Article 34 of this Code, to the total number of dropouts | ||||||
24 | in this State. This formula shall employ the dropout data | ||||||
25 | provided by school districts to the State Board of Education. | ||||||
26 | A regional office of education or a school district |
| |||||||
| |||||||
1 | organized under Article 34 of this Code may claim State aid | ||||||
2 | under Section 18-8.05 or 18-8.15 of this Code for students | ||||||
3 | enrolled in a program funded by the IHOPE Program, provided | ||||||
4 | that the State Board of Education has approved the IHOPE Plan | ||||||
5 | and that these students are receiving services that are meeting | ||||||
6 | the requirements of Section 27-22 of this Code for receipt of a | ||||||
7 | high school diploma and are otherwise eligible to be claimed | ||||||
8 | for general State aid under Section 18-8.05 of this Code or | ||||||
9 | evidence-based funding under Section 18-8.15 of this Code , | ||||||
10 | including provisions related to the minimum number of days of | ||||||
11 | pupil attendance pursuant to Section 10-19 of this Code and the | ||||||
12 | minimum number of daily hours of school work and any exceptions | ||||||
13 | thereto as defined by the State Board of Education in rules. | ||||||
14 | (f) IHOPE categories of programming may include the | ||||||
15 | following: | ||||||
16 | (1) Full-time programs that are comprehensive, | ||||||
17 | year-round programs. | ||||||
18 | (2) Part-time programs combining work and study | ||||||
19 | scheduled at various times that are flexible to the needs | ||||||
20 | of students. | ||||||
21 | (3) Online programs and courses in which students take | ||||||
22 | courses and complete on-site, supervised tests that | ||||||
23 | measure the student's mastery of a specific course needed | ||||||
24 | for graduation. Students may take courses online and earn | ||||||
25 | credit or students may prepare to take supervised tests for | ||||||
26 | specific courses for credit leading to receipt of a high |
| |||||||
| |||||||
1 | school diploma. | ||||||
2 | (4) Dual enrollment in which students attend high | ||||||
3 | school classes in combination with community college | ||||||
4 | classes or students attend community college classes while | ||||||
5 | simultaneously earning high school credit and eventually a | ||||||
6 | high school diploma. | ||||||
7 | (g) In order to have successful comprehensive programs | ||||||
8 | re-enrolling and graduating low-skilled high school dropouts, | ||||||
9 | programs funded through the IHOPE Program shall include all of | ||||||
10 | the following components: | ||||||
11 | (1) Small programs (70 to 100 students) at a separate | ||||||
12 | school site with a distinct identity. Programs may be | ||||||
13 | larger with specific need and justification, keeping in | ||||||
14 | mind that it is crucial to keep programs small to be | ||||||
15 | effective. | ||||||
16 | (2) Specific performance-based goals and outcomes and | ||||||
17 | measures of enrollment, attendance, skills, credits, | ||||||
18 | graduation, and the transition to college, training, and | ||||||
19 | employment. | ||||||
20 | (3) Strong, experienced leadership and teaching staff | ||||||
21 | who are provided with ongoing professional development. | ||||||
22 | (4) Voluntary enrollment. | ||||||
23 | (5) High standards for student learning, integrating | ||||||
24 | work experience, and education, including during the | ||||||
25 | school year and after school, and summer school programs | ||||||
26 | that link internships, work, and learning. |
| |||||||
| |||||||
1 | (6) Comprehensive programs providing extensive support | ||||||
2 | services. | ||||||
3 | (7) Small teams of students supported by full-time paid | ||||||
4 | mentors who work to retain and help those students | ||||||
5 | graduate. | ||||||
6 | (8) A comprehensive technology learning center with | ||||||
7 | Internet access and broad-based curriculum focusing on | ||||||
8 | academic and career subject areas. | ||||||
9 | (9) Learning opportunities that incorporate action | ||||||
10 | into study. | ||||||
11 | (h) Programs funded through the IHOPE Program must report | ||||||
12 | data to the State Board of Education as requested. This | ||||||
13 | information shall include, but is not limited to, student | ||||||
14 | enrollment figures, attendance information, course completion | ||||||
15 | data, graduation information, and post-graduation information, | ||||||
16 | as available. | ||||||
17 | (i) Rules must be developed by the State Board of Education | ||||||
18 | to set forth the fund distribution process to regional offices | ||||||
19 | of education and a school district organized under Article 34 | ||||||
20 | of this Code, the planning and the conditions upon which an | ||||||
21 | IHOPE Plan would be approved by State Board, and other rules to | ||||||
22 | develop the IHOPE Program.
| ||||||
23 | (Source: P.A. 96-106, eff. 7-30-09.)
| ||||||
24 | (105 ILCS 5/2-3.80) (from Ch. 122, par. 2-3.80)
| ||||||
25 | Sec. 2-3.80. (a) The General Assembly recognizes that |
| |||||||
| |||||||
1 | agriculture is
the most basic and singularly important industry | ||||||
2 | in the State, that
agriculture is of central importance to the | ||||||
3 | welfare and economic stability
of the State, and that the | ||||||
4 | maintenance of this vital industry requires a
continued source | ||||||
5 | of trained and qualified individuals for employment in
| ||||||
6 | agriculture and agribusiness. The General Assembly hereby | ||||||
7 | declares that it
is in the best interests of the people of the | ||||||
8 | State of Illinois that a
comprehensive education program in | ||||||
9 | agriculture be created and maintained by
the State's public | ||||||
10 | school system in order to ensure an adequate supply of
trained | ||||||
11 | and skilled individuals and to ensure appropriate | ||||||
12 | representation of
racial and ethnic groups in all phases of the | ||||||
13 | industry. It is the intent
of the General Assembly that a State | ||||||
14 | program for agricultural education
shall be a part of the | ||||||
15 | curriculum of the public school system K through
adult, and | ||||||
16 | made readily available to all school districts which may, at
| ||||||
17 | their option, include programs in education in agriculture as a | ||||||
18 | part of the
curriculum of that district.
| ||||||
19 | (b) The State Board of Education shall adopt such rules and | ||||||
20 | regulations
as are necessary to implement the provisions of | ||||||
21 | this Section. The rules
and regulations shall not create any | ||||||
22 | new State mandates on school districts
as a condition of | ||||||
23 | receiving federal, State, and local funds by those
entities. It | ||||||
24 | is in the intent of the General Assembly that, although this
| ||||||
25 | Section does not create any new mandates, school districts are | ||||||
26 | strongly
advised to follow the guidelines set forth in this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (c) The State Superintendent of Education shall assume | ||||||
3 | responsibility
for the administration of the State program | ||||||
4 | adopted under this Section
throughout the public school system | ||||||
5 | as well as the articulation of the
State program to the | ||||||
6 | requirements and mandates of federally assisted
education. | ||||||
7 | There is currently within the State Board of Education an
| ||||||
8 | agricultural education unit to assist school districts in the | ||||||
9 | establishment
and maintenance of educational programs pursuant | ||||||
10 | to the provisions of this
Section. The staffing of the unit | ||||||
11 | shall at all times be comprised of an
appropriate number of | ||||||
12 | full-time employees who shall serve as program
consultants in | ||||||
13 | agricultural education and shall be available to provide
| ||||||
14 | assistance to school districts. At least one consultant shall | ||||||
15 | be
responsible for the coordination of the State program, as | ||||||
16 | Head Consultant.
At least one consultant shall be responsible | ||||||
17 | for the coordination of the
activities of student and | ||||||
18 | agricultural organizations and associations.
| ||||||
19 | (d) A committee of 13 agriculturalists representative of | ||||||
20 | the various and
diverse areas of the agricultural industry in | ||||||
21 | Illinois shall be established
to at least develop a curriculum | ||||||
22 | and overview the implementation of the
Build Illinois through | ||||||
23 | Quality Agricultural Education plans of the Illinois
| ||||||
24 | Leadership Council for Agricultural Education and to advise
the | ||||||
25 | State Board of Education on vocational agricultural education. | ||||||
26 | The
Committee shall be composed of the following: (6) |
| |||||||
| |||||||
1 | agriculturalists
representing the Illinois Leadership Council | ||||||
2 | for Agricultural Education;
(2) Secondary Agriculture | ||||||
3 | Teachers; (1) "Ag In The Classroom" Teacher; (1)
Community | ||||||
4 | College Agriculture Teacher; (1) Adult Agriculture Education
| ||||||
5 | Teacher; (1) University Agriculture Teacher Educator; and (1) | ||||||
6 | FFA
Representative. All members of the Committee shall be | ||||||
7 | appointed by the
Governor by and with the advice and consent of | ||||||
8 | the Senate. The terms of
all members so appointed shall be for | ||||||
9 | 3 years, except that of the members
initially appointed, 5 | ||||||
10 | shall be appointed to serve for terms of 1 year, 4
shall be | ||||||
11 | appointed to serve for terms of 2 years and 4 shall be | ||||||
12 | appointed
to serve for terms of 3 years. All members of the | ||||||
13 | Committee shall serve
until their successors are appointed and | ||||||
14 | qualified. Vacancies in terms
shall be filled by appointment of | ||||||
15 | the Governor with the advice and consent
of the Senate for the | ||||||
16 | extent of the unexpired term. The State Board of
Education | ||||||
17 | shall implement a Build Illinois through Quality Agricultural
| ||||||
18 | Education plan following receipt of these recommendations | ||||||
19 | which
shall be made available on or before March 31, 1987.
| ||||||
20 | Recommendations shall include, but not be limited to, the | ||||||
21 | development of a
curriculum and a strategy for the purpose of | ||||||
22 | establishing a source of
trained and qualified individuals in | ||||||
23 | agriculture, a strategy for
articulating the State program in | ||||||
24 | agricultural education throughout the
public school system, | ||||||
25 | and a consumer education outreach strategy regarding
the | ||||||
26 | importance of agriculture in Illinois. The committee of |
| |||||||
| |||||||
1 | agriculturalists
shall serve without compensation.
| ||||||
2 | (e) A school district that offers a secondary agricultural | ||||||
3 | education program that is approved for State and federal | ||||||
4 | funding must ensure that, at a minimum, all of the following | ||||||
5 | are available to its secondary agricultural education | ||||||
6 | students: | ||||||
7 | (1) An instructional sequence of courses approved by | ||||||
8 | the State Board of Education. | ||||||
9 | (2) A State and nationally affiliated FFA (Future | ||||||
10 | Farmers of America) chapter that is integral to instruction | ||||||
11 | and is not treated solely as an extracurricular activity. | ||||||
12 | (3) A mechanism for ensuring the involvement of all | ||||||
13 | secondary agricultural education students in formal, | ||||||
14 | supervised, agricultural-experience activities and | ||||||
15 | programs.
| ||||||
16 | Notwithstanding anything to the contrary contained in this | ||||||
17 | Section, the State Board of Education shall award to a school | ||||||
18 | district having a population exceeding 500,000 inhabitants | ||||||
19 | 1.1% of the funds appropriated by the General Assembly for any | ||||||
20 | fiscal year for purposes of payment of claims under this | ||||||
21 | Section. | ||||||
22 | (f) Nothing in this Section may prevent those secondary | ||||||
23 | agricultural education programs that are in operation before | ||||||
24 | the effective date of this amendatory Act of the 94th General | ||||||
25 | Assembly and that do not have an active State and nationally | ||||||
26 | affiliated FFA chapter from continuing to operate or from |
| |||||||
| |||||||
1 | continuing to receive funding from the State Board of | ||||||
2 | Education.
| ||||||
3 | (Source: P.A. 94-855, eff. 1-1-07.)
| ||||||
4 | (105 ILCS 5/2-3.84) (from Ch. 122, par. 2-3.84)
| ||||||
5 | Sec. 2-3.84. In calculating the amount of State aid to be | ||||||
6 | apportioned
to the various school districts in this State, the | ||||||
7 | State Board of Education
shall incorporate and deduct the total | ||||||
8 | aggregate adjustments to assessments
made by
the State Property | ||||||
9 | Tax Appeal Board or Cook County Board of Appeals, as
reported | ||||||
10 | pursuant to Section 16-15 of the Property Tax Code or Section
| ||||||
11 | 129.1 of the Revenue Act of 1939 by the Department of Revenue, | ||||||
12 | from the
equalized assessed valuation that is otherwise to be | ||||||
13 | utilized in
the initial calculation.
| ||||||
14 | From the total amount of general State aid or | ||||||
15 | evidence-based funding to be provided to
districts, | ||||||
16 | adjustments under this Section together with adjustments as a
| ||||||
17 | result of recomputation under Section 2-3.33 must not exceed | ||||||
18 | $25
million, in the aggregate for all districts under both | ||||||
19 | Sections combined,
of the general State aid or evidence-based | ||||||
20 | funding appropriation in any fiscal year; if necessary,
amounts | ||||||
21 | shall be prorated among districts. If it is necessary to | ||||||
22 | prorate
claims under this paragraph, then that portion of each | ||||||
23 | prorated claim that is
approved but not paid in the current | ||||||
24 | fiscal year may be resubmitted as a
valid claim in the | ||||||
25 | following fiscal year.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-845, eff. 7-30-04.)
| ||||||
2 | (105 ILCS 5/2-3.109a)
| ||||||
3 | Sec. 2-3.109a. Laboratory schools grant eligibility. A | ||||||
4 | laboratory school
as defined in Section 18-8 or 18-8.15 may | ||||||
5 | apply for and be eligible to receive, subject to
the same | ||||||
6 | restrictions applicable to school districts, any grant | ||||||
7 | administered by
the State Board of Education that is available | ||||||
8 | for school districts.
| ||||||
9 | (Source: P.A. 90-566, eff. 1-2-98.)
| ||||||
10 | (105 ILCS 5/3-14.21) (from Ch. 122, par. 3-14.21)
| ||||||
11 | Sec. 3-14.21. Inspection of schools.
| ||||||
12 | (a) The regional superintendent shall inspect and survey | ||||||
13 | all
public
schools under his or her supervision and notify the | ||||||
14 | board of education, or the
trustees of schools in a district | ||||||
15 | with trustees, in writing before July 30,
whether or not the | ||||||
16 | several schools in their district have been kept as required
by | ||||||
17 | law, using forms provided by the State Board of Education which | ||||||
18 | are based on
the Health/Life Safety Code for Public Schools | ||||||
19 | adopted under Section 2-3.12. The regional
superintendent | ||||||
20 | shall report his or her findings to the State Board of
| ||||||
21 | Education on
forms provided by the State Board of Education.
| ||||||
22 | (b) If the regional superintendent determines that a school | ||||||
23 | board has
failed in a timely manner to correct urgent items | ||||||
24 | identified in a previous
life-safety report completed under |
| |||||||
| |||||||
1 | Section 2-3.12 or as otherwise previously
ordered by the | ||||||
2 | regional superintendent, the regional superintendent shall | ||||||
3 | order
the school board to adopt and submit to the regional | ||||||
4 | superintendent a plan for
the immediate correction of the | ||||||
5 | building violations. This plan shall be
adopted following a | ||||||
6 | public hearing that is conducted by the school board on the
| ||||||
7 | violations and the plan and that is preceded by at least 7 | ||||||
8 | days' prior notice
of the hearing published in
a newspaper of | ||||||
9 | general circulation within the school district. If the regional
| ||||||
10 | superintendent determines in the next annual inspection that | ||||||
11 | the plan has not
been completed and that the violations have | ||||||
12 | not been corrected, the regional
superintendent shall submit a | ||||||
13 | report to the State Board of Education with a
recommendation | ||||||
14 | that the State Board withhold from payments of general State | ||||||
15 | aid or evidence-based funding
due to the district an amount | ||||||
16 | necessary to correct the outstanding violations.
The State | ||||||
17 | Board, upon notice to the school board
and to the regional | ||||||
18 | superintendent, shall consider the report at a meeting of
the | ||||||
19 | State Board, and may order that a sufficient amount of general | ||||||
20 | State aid or evidence-based funding be
withheld from payments | ||||||
21 | due to the district to correct the violations. This
amount | ||||||
22 | shall be paid to the regional superintendent who shall contract | ||||||
23 | on
behalf of the school board for the correction of the | ||||||
24 | outstanding violations.
| ||||||
25 | (c) The Office of the State Fire Marshal or a qualified | ||||||
26 | fire official, as defined in Section 2-3.12 of this Code, to |
| |||||||
| |||||||
1 | whom the State Fire Marshal has delegated his or her authority | ||||||
2 | shall conduct an annual fire safety inspection of each school | ||||||
3 | building in this State. The State Fire Marshal or the fire | ||||||
4 | official shall coordinate its inspections with the regional | ||||||
5 | superintendent. The inspection shall be based on the fire | ||||||
6 | safety code authorized in Section 2-3.12 of this Code. Any | ||||||
7 | violations shall be reported in writing to the regional | ||||||
8 | superintendent and shall reference the specific code sections | ||||||
9 | where a discrepancy has been identified within 15 days after | ||||||
10 | the inspection has been conducted. The regional superintendent | ||||||
11 | shall address those violations that are not corrected in a | ||||||
12 | timely manner pursuant to subsection (b) of this Section. The | ||||||
13 | inspection must be at no cost to the school district.
| ||||||
14 | (d) If a municipality or, in the case of an unincorporated | ||||||
15 | area, a county or, if applicable, a fire protection district | ||||||
16 | wishes to perform new construction inspections under the | ||||||
17 | jurisdiction of a regional superintendent, then the entity must | ||||||
18 | register this wish with the regional superintendent. These | ||||||
19 | inspections must be based on the building code authorized in | ||||||
20 | Section 2-3.12 of this Code. The inspections must be at no cost | ||||||
21 | to the school district.
| ||||||
22 | (Source: P.A. 96-734, eff. 8-25-09.)
| ||||||
23 | (105 ILCS 5/7-14A) (from Ch. 122, par. 7-14A)
| ||||||
24 | Sec. 7-14A. Annexation compensation. There shall be no | ||||||
25 | accounting
made after a mere change in boundaries when no new |
| |||||||
| |||||||
1 | district is created, except that those districts whose | ||||||
2 | enrollment increases by 90% or more as a result of annexing | ||||||
3 | territory detached from another district pursuant to this | ||||||
4 | Article are eligible for supplementary State aid payments in | ||||||
5 | accordance with Section 11E-135 of this Code. Eligible annexing | ||||||
6 | districts shall apply to the State Board of Education for | ||||||
7 | supplementary State aid payments by submitting enrollment | ||||||
8 | figures for the year immediately preceding and the year | ||||||
9 | immediately following the effective date of the boundary change | ||||||
10 | for both the district gaining territory and the district losing | ||||||
11 | territory. Copies of any intergovernmental agreements between | ||||||
12 | the district gaining territory and the district losing | ||||||
13 | territory detailing any transfer of fund balances and staff | ||||||
14 | must also be submitted. In all instances of changes in | ||||||
15 | boundaries,
the district losing territory shall
not count the | ||||||
16 | average daily attendance of pupils living in the territory
| ||||||
17 | during the year preceding the effective date of the boundary | ||||||
18 | change in its
claim for reimbursement under Section 18-8.05 or | ||||||
19 | 18-8.15 of this Code for the school year following
the | ||||||
20 | effective date of the change in boundaries and the district | ||||||
21 | receiving
the territory shall count the average daily | ||||||
22 | attendance of pupils living in
the territory during the year | ||||||
23 | preceding the effective date of the boundary
change in its | ||||||
24 | claim for reimbursement under Section 18-8.05 or 18-8.15 of | ||||||
25 | this Code for the school
year following the effective date of | ||||||
26 | the change in boundaries. The changes to this Section made by |
| |||||||
| |||||||
1 | this amendatory Act of the 95th General Assembly are intended | ||||||
2 | to be retroactive and applicable to any annexation taking | ||||||
3 | effect on or after July 1, 2004.
| ||||||
4 | (Source: P.A. 99-657, eff. 7-28-16.)
| ||||||
5 | (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
| ||||||
6 | Sec. 10-17a. State, school district, and school report | ||||||
7 | cards.
| ||||||
8 | (1) By October 31, 2013 and October 31 of each subsequent | ||||||
9 | school year, the State Board of Education, through the State | ||||||
10 | Superintendent of Education, shall prepare a State report card, | ||||||
11 | school district report cards, and school report cards, and | ||||||
12 | shall by the most economic means provide to each school
| ||||||
13 | district in this State, including special charter districts and | ||||||
14 | districts
subject to the provisions of Article 34, the report | ||||||
15 | cards for the school district and each of its schools. | ||||||
16 | (2) In addition to any information required by federal law, | ||||||
17 | the State Superintendent shall determine the indicators and | ||||||
18 | presentation of the school report card, which must include, at | ||||||
19 | a minimum, the most current data possessed by the State Board | ||||||
20 | of Education related to the following: | ||||||
21 | (A) school characteristics and student demographics, | ||||||
22 | including average class size, average teaching experience, | ||||||
23 | student racial/ethnic breakdown, and the percentage of | ||||||
24 | students classified as low-income; the percentage of | ||||||
25 | students classified as English learners; the percentage of |
| |||||||
| |||||||
1 | students who have individualized education plans or 504 | ||||||
2 | plans that provide for special education services; the | ||||||
3 | percentage of students who annually transferred in or out | ||||||
4 | of the school district; the per-pupil operating | ||||||
5 | expenditure of the school district; and the per-pupil State | ||||||
6 | average operating expenditure for the district type | ||||||
7 | (elementary, high school, or unit); | ||||||
8 | (B) curriculum information, including, where | ||||||
9 | applicable, Advanced Placement, International | ||||||
10 | Baccalaureate or equivalent courses, dual enrollment | ||||||
11 | courses, foreign language classes, school personnel | ||||||
12 | resources (including Career Technical Education teachers), | ||||||
13 | before and after school programs, extracurricular | ||||||
14 | activities, subjects in which elective classes are | ||||||
15 | offered, health and wellness initiatives (including the | ||||||
16 | average number of days of Physical Education per week per | ||||||
17 | student), approved programs of study, awards received, | ||||||
18 | community partnerships, and special programs such as | ||||||
19 | programming for the gifted and talented, students with | ||||||
20 | disabilities, and work-study students; | ||||||
21 | (C) student outcomes, including, where applicable, the | ||||||
22 | percentage of students deemed proficient on assessments of | ||||||
23 | State standards, the percentage of students in the eighth | ||||||
24 | grade who pass Algebra, the percentage of students enrolled | ||||||
25 | in post-secondary institutions (including colleges, | ||||||
26 | universities, community colleges, trade/vocational |
| |||||||
| |||||||
1 | schools, and training programs leading to career | ||||||
2 | certification within 2 semesters of high school | ||||||
3 | graduation), the percentage of students graduating from | ||||||
4 | high school who are college and career ready, and the | ||||||
5 | percentage of graduates enrolled in community colleges, | ||||||
6 | colleges, and universities who are in one or more courses | ||||||
7 | that the community college, college, or university | ||||||
8 | identifies as a developmental course; | ||||||
9 | (D) student progress, including, where applicable, the | ||||||
10 | percentage of students in the ninth grade who have earned 5 | ||||||
11 | credits or more without failing more than one core class, a | ||||||
12 | measure of students entering kindergarten ready to learn, a | ||||||
13 | measure of growth, and the percentage of students who enter | ||||||
14 | high school on track for college and career readiness; | ||||||
15 | (E) the school environment, including, where | ||||||
16 | applicable, the percentage of students with less than 10 | ||||||
17 | absences in a school year, the percentage of teachers with | ||||||
18 | less than 10 absences in a school year for reasons other | ||||||
19 | than professional development, leaves taken pursuant to | ||||||
20 | the federal Family Medical Leave Act of 1993, long-term | ||||||
21 | disability, or parental leaves, the 3-year average of the | ||||||
22 | percentage of teachers returning to the school from the | ||||||
23 | previous year, the number of different principals at the | ||||||
24 | school in the last 6 years, 2 or more indicators from any | ||||||
25 | school climate survey selected or approved by the State and | ||||||
26 | administered pursuant to Section 2-3.153 of this Code, with |
| |||||||
| |||||||
1 | the same or similar indicators included on school report | ||||||
2 | cards for all surveys selected or approved by the State | ||||||
3 | pursuant to Section 2-3.153 of this Code, and the combined | ||||||
4 | percentage of teachers rated as proficient or excellent in | ||||||
5 | their most recent evaluation; and | ||||||
6 | (F) a school district's and its individual schools' | ||||||
7 | balanced accountability measure, in accordance with | ||||||
8 | Section 2-3.25a of this Code ; . | ||||||
9 | (G) a school district's Final Percent of Adequacy, as | ||||||
10 | defined in paragraph (4) of subsection (f) of Section | ||||||
11 | 18-8.15 of this Code; | ||||||
12 | (H) a school district's Local Capacity Target, as | ||||||
13 | defined in paragraph (2) of subsection (c) of Section | ||||||
14 | 18-8.15 of this Code, displayed as a percentage amount; and | ||||||
15 | (I) a school district's Real Receipts, as defined in | ||||||
16 | paragraph (1) of subsection (d) of Section 18-8.15 of this | ||||||
17 | Code, divided by a school district's Adequacy Target, as | ||||||
18 | defined in paragraph (1) of subsection (b) of Section | ||||||
19 | 18-8.15 of this Code, displayed as a percentage amount. | ||||||
20 | The school report card shall also provide
information that | ||||||
21 | allows for comparing the current outcome, progress, and | ||||||
22 | environment data to the State average, to the school data from | ||||||
23 | the past 5 years, and to the outcomes, progress, and | ||||||
24 | environment of similar schools based on the type of school and | ||||||
25 | enrollment of low-income students, special education students, | ||||||
26 | and English learners.
|
| |||||||
| |||||||
1 | (3) At the discretion of the State Superintendent, the | ||||||
2 | school district report card shall include a subset of the | ||||||
3 | information identified in paragraphs (A) through (E) of | ||||||
4 | subsection (2) of this Section, as well as information relating | ||||||
5 | to the operating expense per pupil and other finances of the | ||||||
6 | school district, and the State report card shall include a | ||||||
7 | subset of the information identified in paragraphs (A) through | ||||||
8 | (E) of subsection (2) of this Section. | ||||||
9 | (4) Notwithstanding anything to the contrary in this | ||||||
10 | Section, in consultation with key education stakeholders, the | ||||||
11 | State Superintendent shall at any time have the discretion to | ||||||
12 | amend or update any and all metrics on the school, district, or | ||||||
13 | State report card. | ||||||
14 | (5) Annually, no more than 30 calendar days after receipt | ||||||
15 | of the school district and school report cards from the State | ||||||
16 | Superintendent of Education, each school district, including | ||||||
17 | special charter districts and districts subject to the | ||||||
18 | provisions of Article 34, shall present such report
cards at a | ||||||
19 | regular school board meeting subject to
applicable notice | ||||||
20 | requirements, post the report cards
on the
school district's | ||||||
21 | Internet web site, if the district maintains an Internet web
| ||||||
22 | site, make the report cards
available
to a newspaper of general | ||||||
23 | circulation serving the district, and, upon
request, send the | ||||||
24 | report cards
home to a parent (unless the district does not | ||||||
25 | maintain an Internet web site,
in which case
the report card | ||||||
26 | shall be sent home to parents without request). If the
district |
| |||||||
| |||||||
1 | posts the report card on its Internet web
site, the district
| ||||||
2 | shall send a
written notice home to parents stating (i) that | ||||||
3 | the report card is available on
the web site,
(ii) the address | ||||||
4 | of the web site, (iii) that a printed copy of the report card
| ||||||
5 | will be sent to
parents upon request, and (iv) the telephone | ||||||
6 | number that parents may
call to
request a printed copy of the | ||||||
7 | report card.
| ||||||
8 | (6) Nothing contained in this amendatory Act of the 98th | ||||||
9 | General Assembly repeals, supersedes, invalidates, or | ||||||
10 | nullifies final decisions in lawsuits pending on the effective | ||||||
11 | date of this amendatory Act of the 98th General Assembly in | ||||||
12 | Illinois courts involving the interpretation of Public Act | ||||||
13 | 97-8. | ||||||
14 | (Source: P.A. 98-463, eff. 8-16-13; 98-648, eff. 7-1-14; 99-30, | ||||||
15 | eff. 7-10-15; 99-193, eff. 7-30-15; 99-642, eff. 7-28-16.)
| ||||||
16 | (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
| ||||||
17 | Sec. 10-19. Length of school term - experimental programs. | ||||||
18 | Each school
board shall annually prepare a calendar for the | ||||||
19 | school term, specifying
the opening and closing dates and | ||||||
20 | providing a minimum term of at least 185
days to insure 176 | ||||||
21 | days of actual pupil attendance, computable under Section
| ||||||
22 | 18-8.05 or 18-8.15 , except that for the 1980-1981 school year | ||||||
23 | only 175 days
of actual
pupil attendance shall be required | ||||||
24 | because of the closing of schools pursuant
to Section 24-2 on | ||||||
25 | January 29, 1981 upon the appointment by the President
of that |
| |||||||
| |||||||
1 | day as a day of thanksgiving for the freedom of the Americans | ||||||
2 | who
had been held hostage in Iran. Any days allowed by law for | ||||||
3 | teachers' institutes
but not used as such or used as parental | ||||||
4 | institutes as provided
in Section 10-22.18d shall increase the | ||||||
5 | minimum term by the school days not
so used. Except as provided | ||||||
6 | in Section 10-19.1, the board may not extend
the school term | ||||||
7 | beyond such closing date unless that extension of term is
| ||||||
8 | necessary to provide the minimum number of computable days. In | ||||||
9 | case of
such necessary extension school employees
shall be paid | ||||||
10 | for such additional time on the basis of their regular
| ||||||
11 | contracts. A school board may specify a closing date earlier | ||||||
12 | than that
set on the annual calendar when the schools of the | ||||||
13 | district have
provided the minimum number of computable days | ||||||
14 | under this Section.
Nothing in this Section prevents the board | ||||||
15 | from employing
superintendents of schools, principals and | ||||||
16 | other nonteaching personnel
for a period of 12 months, or in | ||||||
17 | the case of superintendents for a
period in accordance with | ||||||
18 | Section 10-23.8, or prevents the board from
employing other | ||||||
19 | personnel before or after the regular school term with
payment | ||||||
20 | of salary proportionate to that received for comparable work
| ||||||
21 | during the school term.
| ||||||
22 | A school board may make such changes in its calendar for | ||||||
23 | the school term
as may be required by any changes in the legal | ||||||
24 | school holidays prescribed
in Section 24-2. A school board may | ||||||
25 | make changes in its calendar for the
school term as may be | ||||||
26 | necessary to reflect the utilization of teachers'
institute |
| |||||||
| |||||||
1 | days as parental institute days as provided in Section | ||||||
2 | 10-22.18d.
| ||||||
3 | The calendar for the school term and any changes must be | ||||||
4 | submitted to and approved by the regional superintendent of | ||||||
5 | schools before the calendar or changes may take effect.
| ||||||
6 | With the prior approval of the State Board of Education and | ||||||
7 | subject
to review by the State Board of Education every 3 | ||||||
8 | years, any school
board may, by resolution of its board and in | ||||||
9 | agreement with affected
exclusive collective bargaining | ||||||
10 | agents, establish experimental
educational programs, including | ||||||
11 | but not limited to programs for e-learning days as authorized | ||||||
12 | under Section 10-20.56 of this Code,
self-directed learning, or | ||||||
13 | outside of formal class periods, which programs
when so | ||||||
14 | approved shall be considered to comply with the requirements of
| ||||||
15 | this Section as respects numbers of days of actual pupil | ||||||
16 | attendance and
with the other requirements of this Act as | ||||||
17 | respects courses of instruction.
| ||||||
18 | (Source: P.A. 98-756, eff. 7-16-14; 99-194, eff. 7-30-15.)
| ||||||
19 | (105 ILCS 5/10-22.5a) (from Ch. 122, par. 10-22.5a)
| ||||||
20 | Sec. 10-22.5a. Attendance by dependents of United States | ||||||
21 | military personnel, foreign exchange students, and certain
| ||||||
22 | nonresident pupils. | ||||||
23 | (a) To enter into written agreements with cultural exchange | ||||||
24 | organizations,
or with nationally recognized eleemosynary | ||||||
25 | institutions that promote excellence
in the arts, mathematics, |
| |||||||
| |||||||
1 | or science. The written agreements may provide
for tuition free | ||||||
2 | attendance at the local district school by foreign exchange
| ||||||
3 | students, or by nonresident pupils of eleemosynary | ||||||
4 | institutions. The local
board of education, as part of the | ||||||
5 | agreement, may require that the cultural
exchange program or | ||||||
6 | the eleemosynary institutions provide services to the
district | ||||||
7 | in exchange for the waiver of nonresident tuition.
| ||||||
8 | To enter into written agreements with adjacent school | ||||||
9 | districts to provide
for tuition free attendance by a student | ||||||
10 | of the adjacent district when
requested for the student's | ||||||
11 | health and safety by the student or parent and both
districts | ||||||
12 | determine that the student's health or safety will be served by | ||||||
13 | such
attendance. Districts shall not be required to enter into | ||||||
14 | such agreements nor
be
required to alter existing | ||||||
15 | transportation services due to the attendance of
such | ||||||
16 | non-resident pupils.
| ||||||
17 | (a-5) If, at the time of enrollment, a dependent of United | ||||||
18 | States military personnel is housed in temporary housing | ||||||
19 | located outside of a school district, but will be living within | ||||||
20 | the district within 60 days after the time of initial | ||||||
21 | enrollment, the dependent must be allowed to enroll, subject to | ||||||
22 | the requirements of this subsection (a-5), and must not be | ||||||
23 | charged tuition. Any United States military personnel | ||||||
24 | attempting to enroll a dependent under this subsection (a-5) | ||||||
25 | shall provide proof that the dependent will be living within | ||||||
26 | the district within 60 days after the time of initial |
| |||||||
| |||||||
1 | enrollment. Proof of residency may include, but is not limited | ||||||
2 | to, postmarked mail addressed to the military personnel and | ||||||
3 | sent to an address located within the district, a lease | ||||||
4 | agreement for occupancy of a residence located within the | ||||||
5 | district, or proof of ownership of a residence located within | ||||||
6 | the district.
| ||||||
7 | (b) Nonresident pupils and foreign exchange students | ||||||
8 | attending school on a
tuition free basis under such agreements | ||||||
9 | and nonresident dependents of United States military personnel | ||||||
10 | attending school on a tuition free basis may be counted for the | ||||||
11 | purposes
of determining the apportionment of State aid provided | ||||||
12 | under Section 18-8.05 or 18-8.15
of this Code. No organization
| ||||||
13 | or institution participating in agreements authorized under | ||||||
14 | this Section
may exclude any individual for participation in | ||||||
15 | its program on account
of the person's race, color, sex, | ||||||
16 | religion or nationality.
| ||||||
17 | (Source: P.A. 98-739, eff. 7-16-14.)
| ||||||
18 | (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
| ||||||
19 | Sec. 10-22.20. Classes for adults and youths whose | ||||||
20 | schooling has
been interrupted; conditions for State | ||||||
21 | reimbursement; use of child
care facilities. | ||||||
22 | (a) To establish special classes for the instruction (1)
of | ||||||
23 | persons of age 21 years or over and (2) of persons less than | ||||||
24 | age 21
and not otherwise in attendance in public school, for | ||||||
25 | the purpose of
providing adults in the community and youths |
| |||||||
| |||||||
1 | whose schooling has been
interrupted with such additional basic | ||||||
2 | education, vocational skill
training, and other instruction as | ||||||
3 | may be necessary to increase their
qualifications for | ||||||
4 | employment or other means of self-support and their
ability to | ||||||
5 | meet their responsibilities as citizens, including courses of
| ||||||
6 | instruction regularly accepted for graduation from elementary | ||||||
7 | or high
schools and for Americanization and high school | ||||||
8 | equivalency testing review classes.
| ||||||
9 | The board shall pay the necessary expenses of such classes | ||||||
10 | out of
school funds of the district, including costs of student | ||||||
11 | transportation
and such facilities or provision for child-care | ||||||
12 | as may be necessary in
the judgment of the board to permit | ||||||
13 | maximum utilization of the courses
by students with children, | ||||||
14 | and other special needs of the students
directly related to | ||||||
15 | such instruction. The expenses thus incurred shall
be subject | ||||||
16 | to State reimbursement, as provided in this Section. The
board | ||||||
17 | may make a tuition charge for persons taking instruction who | ||||||
18 | are
not subject to State reimbursement, such tuition charge not | ||||||
19 | to exceed
the per capita cost of such classes.
| ||||||
20 | The cost of such instruction, including the additional | ||||||
21 | expenses herein
authorized, incurred for recipients of | ||||||
22 | financial aid under the Illinois
Public Aid Code, or for | ||||||
23 | persons for whom education and training aid has been
authorized | ||||||
24 | under Section 9-8 of that Code, shall be assumed in its | ||||||
25 | entirety
from funds appropriated by the State to the Illinois | ||||||
26 | Community College
Board.
|
| |||||||
| |||||||
1 | (b) The
Illinois Community College Board shall establish
| ||||||
2 | the standards for the
courses of instruction reimbursed
under | ||||||
3 | this Section. The Illinois Community College Board shall | ||||||
4 | supervise the
administration of the programs. The Illinois | ||||||
5 | Community College Board shall
determine the cost
of instruction | ||||||
6 | in accordance with standards established by the Illinois
| ||||||
7 | Community College Board, including therein
other incidental | ||||||
8 | costs as herein authorized, which shall serve as the basis of
| ||||||
9 | State reimbursement in accordance with the provisions of this | ||||||
10 | Section. In the
approval of programs and the determination of | ||||||
11 | the cost of instruction, the
Illinois Community College Board | ||||||
12 | shall provide
for the maximum utilization of federal
funds for | ||||||
13 | such programs.
The Illinois Community College Board shall also | ||||||
14 | provide for:
| ||||||
15 | (1) the development of an index of need for program | ||||||
16 | planning and for area
funding allocations, as defined by | ||||||
17 | the Illinois Community College Board;
| ||||||
18 | (2) the method for calculating hours of instruction, as | ||||||
19 | defined by the
Illinois Community College Board, claimable
| ||||||
20 | for reimbursement and a method to phase in
the calculation | ||||||
21 | and for adjusting the calculations in cases where the | ||||||
22 | services
of a program are interrupted due to circumstances | ||||||
23 | beyond the control of the
program provider;
| ||||||
24 | (3) a plan for the reallocation of funds to increase | ||||||
25 | the amount allocated
for grants based upon program | ||||||
26 | performance as set forth in subsection (d) below;
and
|
| |||||||
| |||||||
1 | (4) the development of standards for determining | ||||||
2 | grants based upon
performance as set forth in subsection | ||||||
3 | (d) below and a plan for the phased-in
implementation of | ||||||
4 | those standards.
| ||||||
5 | For instruction provided by school districts and community | ||||||
6 | college
districts beginning July 1, 1996 and thereafter, | ||||||
7 | reimbursement
provided by
the Illinois Community College Board | ||||||
8 | for
classes authorized by this Section
shall be provided from
| ||||||
9 | funds appropriated for the reimbursement criteria set forth in | ||||||
10 | subsection (c)
below.
| ||||||
11 | (c) Upon the annual approval of the Illinois Community | ||||||
12 | College Board, reimbursement
shall be first provided for | ||||||
13 | transportation, child care services, and other
special needs of | ||||||
14 | the students directly related to instruction and then from the
| ||||||
15 | funds remaining
an amount equal to the product of the total | ||||||
16 | credit hours or units
of instruction approved by the Illinois | ||||||
17 | Community College Board, multiplied by the
following:
| ||||||
18 | (1) For adult basic education, the maximum | ||||||
19 | reimbursement per
credit hour
or per unit of instruction | ||||||
20 | shall be equal to (i) through fiscal year 2017, the general | ||||||
21 | state aid per pupil
foundation level established in | ||||||
22 | subsection (B) of Section 18-8.05, divided by
60 , or (ii) | ||||||
23 | in fiscal year 2018 and thereafter, the prior fiscal year | ||||||
24 | reimbursement level multiplied by the Consumer Price Index | ||||||
25 | for All Urban Consumers for all items published by the | ||||||
26 | United States Department of Labor ;
|
| |||||||
| |||||||
1 | (2) The maximum reimbursement per credit hour or per | ||||||
2 | unit of
instruction
in subparagraph (1) above shall be | ||||||
3 | weighted for students enrolled in classes
defined as | ||||||
4 | vocational skills and
approved
by the Illinois Community | ||||||
5 | College Board by
1.25;
| ||||||
6 | (3) The maximum reimbursement per credit hour or per | ||||||
7 | unit of
instruction
in subparagraph (1) above shall be | ||||||
8 | multiplied by .90 for students enrolled in
classes defined | ||||||
9 | as adult
secondary
education programs and approved by the | ||||||
10 | Illinois Community College Board;
| ||||||
11 | (4) (Blank); and
| ||||||
12 | (5) Funding
for program years after 1999-2000 shall be | ||||||
13 | determined by the Illinois
Community College Board.
| ||||||
14 | (d) Upon its annual approval, the Illinois Community | ||||||
15 | College Board
shall provide grants to eligible programs for | ||||||
16 | supplemental
activities to improve or expand services under the | ||||||
17 | Adult Education Act.
Eligible programs shall be determined | ||||||
18 | based upon performance outcomes of
students in the programs as | ||||||
19 | set by the Illinois Community College Board.
| ||||||
20 | (e) Reimbursement under this Section shall not exceed
the | ||||||
21 | actual costs of the approved program.
| ||||||
22 | If the amount appropriated to the Illinois Community | ||||||
23 | College Board for
reimbursement under this Section is less than | ||||||
24 | the amount required under
this Act, the apportionment shall
be | ||||||
25 | proportionately reduced.
| ||||||
26 | School districts and community college districts may |
| |||||||
| |||||||
1 | assess students up
to $3.00 per credit hour, for classes other | ||||||
2 | than Adult Basic Education level
programs, if needed to meet | ||||||
3 | program costs.
| ||||||
4 | (f) An education plan shall be established for each adult | ||||||
5 | or youth
whose
schooling has been interrupted and who is | ||||||
6 | participating in the
instructional programs provided under | ||||||
7 | this Section.
| ||||||
8 | Each school board and community college shall keep an | ||||||
9 | accurate and
detailed account of the
students assigned to and | ||||||
10 | receiving instruction under this Section who
are subject to | ||||||
11 | State reimbursement and shall submit reports of services
| ||||||
12 | provided commencing with fiscal year 1997 as required by the | ||||||
13 | Illinois
Community College Board.
| ||||||
14 | For classes authorized under this Section, a credit hour or | ||||||
15 | unit of
instruction is equal to 15 hours of direct instruction | ||||||
16 | for students
enrolled in approved adult education programs at | ||||||
17 | midterm and making
satisfactory progress, in accordance with | ||||||
18 | standards established by the Illinois Community College Board.
| ||||||
19 | (g) Upon proof submitted to the Illinois
Department of | ||||||
20 | Human Services of the payment of all claims submitted under
| ||||||
21 | this Section, that Department shall apply for federal funds | ||||||
22 | made
available therefor and any federal funds so received shall
| ||||||
23 | be paid into the General Revenue Fund in the State Treasury.
| ||||||
24 | School districts or community colleges providing classes | ||||||
25 | under this Section
shall submit applications to the Illinois | ||||||
26 | Community College Board for
preapproval in accordance with the |
| |||||||
| |||||||
1 | standards established by the Illinois
Community College Board. | ||||||
2 | Payments shall be made by the Illinois Community
College Board | ||||||
3 | based upon approved programs. Interim expenditure reports may
| ||||||
4 | be required by the Illinois Community College Board. Final
| ||||||
5 | claims for the school year shall be submitted to the regional | ||||||
6 | superintendents
for transmittal to the Illinois Community | ||||||
7 | College Board. Final adjusted
payments shall be made by | ||||||
8 | September
30.
| ||||||
9 | If a school district or community college district fails to | ||||||
10 | provide, or
is providing unsatisfactory or insufficient | ||||||
11 | classes under this Section,
the Illinois Community College | ||||||
12 | Board may enter
into agreements with public or
private | ||||||
13 | educational or other agencies other than the public schools for
| ||||||
14 | the establishment of such classes.
| ||||||
15 | (h) If a school district or community college district | ||||||
16 | establishes
child-care
facilities for the children of | ||||||
17 | participants in classes established under
this Section, it may | ||||||
18 | extend the use of these facilities to students who
have | ||||||
19 | obtained employment and to other persons in the community whose
| ||||||
20 | children require care and supervision while the parent or other | ||||||
21 | person in
charge of the children is employed or otherwise | ||||||
22 | absent from the home during
all or part of the day. It may make | ||||||
23 | the facilities available before and
after as well as during | ||||||
24 | regular school hours to school age and preschool
age children | ||||||
25 | who may benefit thereby, including children who require care
| ||||||
26 | and supervision pending the return of their parent or other |
| |||||||
| |||||||
1 | person in
charge of their care from employment or other | ||||||
2 | activity requiring absence
from the home.
| ||||||
3 | The Illinois Community College Board shall
pay to the board | ||||||
4 | the cost of care
in the facilities for any child who is a | ||||||
5 | recipient of financial aid
under the Illinois Public Aid Code.
| ||||||
6 | The board may charge for care of children for whom it | ||||||
7 | cannot make
claim under the provisions of this Section. The | ||||||
8 | charge shall not exceed
per capita cost, and to the extent | ||||||
9 | feasible, shall be fixed at a level
which will permit | ||||||
10 | utilization by employed parents of low or moderate
income. It | ||||||
11 | may also permit any other State or local governmental agency
or | ||||||
12 | private agency providing care for children to purchase care.
| ||||||
13 | After July 1, 1970 when the provisions of Section 10-20.20 | ||||||
14 | become
operative in the district, children in a child-care | ||||||
15 | facility shall be
transferred to the kindergarten established | ||||||
16 | under that Section for such
portion of the day as may be | ||||||
17 | required for the kindergarten program, and
only the prorated | ||||||
18 | costs of care and training provided in the Center for
the | ||||||
19 | remaining period shall be charged to the Illinois Department of
| ||||||
20 | Human Services or other persons or agencies paying for such | ||||||
21 | care.
| ||||||
22 | (i) The provisions of this Section shall also apply to | ||||||
23 | school
districts having a population exceeding 500,000.
| ||||||
24 | (j) In addition to claiming reimbursement under this | ||||||
25 | Section, a school
district may claim general State aid under | ||||||
26 | Section 18-8.05 or evidence-based funding under Section |
| |||||||
| |||||||
1 | 18-8.15 for any student
under age 21 who is enrolled in courses | ||||||
2 | accepted for graduation from elementary
or high school and who | ||||||
3 | otherwise meets the requirements of Section 18-8.05 or 18-8.15, | ||||||
4 | as applicable .
| ||||||
5 | (Source: P.A. 98-718, eff. 1-1-15 .)
| ||||||
6 | (105 ILCS 5/10-29) | ||||||
7 | Sec. 10-29. Remote educational programs. | ||||||
8 | (a) For purposes of this Section, "remote educational | ||||||
9 | program" means an educational program delivered to students in | ||||||
10 | the home or other location outside of a school building that | ||||||
11 | meets all of the following criteria: | ||||||
12 | (1) A student may participate in the program only after | ||||||
13 | the school district, pursuant to adopted school board | ||||||
14 | policy, and a person authorized to enroll the student under | ||||||
15 | Section 10-20.12b of this Code determine that a remote | ||||||
16 | educational program will best serve the student's | ||||||
17 | individual learning needs. The adopted school board policy | ||||||
18 | shall include, but not be limited to, all of the following: | ||||||
19 | (A) Criteria for determining that a remote | ||||||
20 | educational program will best serve a student's | ||||||
21 | individual learning needs. The criteria must include | ||||||
22 | consideration of, at a minimum, a student's prior | ||||||
23 | attendance, disciplinary record, and academic history. | ||||||
24 | (B) Any limitations on the number of students or | ||||||
25 | grade levels that may participate in a remote |
| |||||||
| |||||||
1 | educational program. | ||||||
2 | (C) A description of the process that the school | ||||||
3 | district will use to approve participation in the | ||||||
4 | remote educational program. The process must include | ||||||
5 | without limitation a requirement that, for any student | ||||||
6 | who qualifies to receive services pursuant to the | ||||||
7 | federal Individuals with Disabilities Education | ||||||
8 | Improvement Act of 2004, the student's participation | ||||||
9 | in a remote educational program receive prior approval | ||||||
10 | from the student's individualized education program | ||||||
11 | team. | ||||||
12 | (D) A description of the process the school | ||||||
13 | district will use to develop and approve a written | ||||||
14 | remote educational plan that meets the requirements of | ||||||
15 | subdivision (5) of this subsection (a). | ||||||
16 | (E) A description of the system the school district | ||||||
17 | will establish to calculate the number of clock hours a | ||||||
18 | student is participating in instruction in accordance | ||||||
19 | with the remote educational program. | ||||||
20 | (F) A description of the process for renewing a | ||||||
21 | remote educational program at the expiration of its | ||||||
22 | term. | ||||||
23 | (G) Such other terms and provisions as the school | ||||||
24 | district deems necessary to provide for the | ||||||
25 | establishment and delivery of a remote educational | ||||||
26 | program. |
| |||||||
| |||||||
1 | (2) The school district has determined that the remote | ||||||
2 | educational program's curriculum is aligned to State | ||||||
3 | learning standards and that the program offers instruction | ||||||
4 | and educational experiences consistent with those given to | ||||||
5 | students at the same grade level in the district. | ||||||
6 | (3) The remote educational program is delivered by | ||||||
7 | instructors that meet the following qualifications: | ||||||
8 | (A) they are certificated under Article 21 of this | ||||||
9 | Code; | ||||||
10 | (B) they meet applicable highly qualified criteria | ||||||
11 | under the federal No Child Left Behind Act of 2001; and | ||||||
12 | (C) they have responsibility for all of the | ||||||
13 | following elements of the program: planning | ||||||
14 | instruction, diagnosing learning needs, prescribing | ||||||
15 | content delivery through class activities, assessing | ||||||
16 | learning, reporting outcomes to administrators and | ||||||
17 | parents and guardians, and evaluating the effects of | ||||||
18 | instruction. | ||||||
19 | (4) During the period of time from and including the | ||||||
20 | opening date to the
closing date of the regular school term | ||||||
21 | of the school district established pursuant to Section | ||||||
22 | 10-19 of this Code, participation in a remote educational | ||||||
23 | program may be claimed for general State aid purposes under | ||||||
24 | Section 18-8.05 of this Code or evidence-based funding | ||||||
25 | purposes under Section 18-8.15 of this Code on any calendar | ||||||
26 | day, notwithstanding whether the day is a day of pupil |
| |||||||
| |||||||
1 | attendance or institute day on the school district's | ||||||
2 | calendar or any other provision of law restricting | ||||||
3 | instruction on that day. If the district holds year-round | ||||||
4 | classes in some buildings, the district
shall classify each | ||||||
5 | student's participation in a remote educational program as | ||||||
6 | either on a year-round or a non-year-round schedule for | ||||||
7 | purposes of claiming general State aid or evidence-based | ||||||
8 | funding . Outside of the regular school term of the | ||||||
9 | district, the remote educational program may be offered as | ||||||
10 | part of any summer school program authorized by this Code. | ||||||
11 | (5) Each student participating in a remote educational | ||||||
12 | program must have a written remote educational plan that | ||||||
13 | has been approved by the school district and a person | ||||||
14 | authorized to enroll the student under Section 10-20.12b of | ||||||
15 | this Code. The school district and a person authorized to | ||||||
16 | enroll the student under Section 10-20.12b of this Code | ||||||
17 | must approve any amendment to a remote educational plan. | ||||||
18 | The remote educational plan must include, but is not | ||||||
19 | limited to, all of the following: | ||||||
20 | (A) Specific achievement goals for the student | ||||||
21 | aligned to State learning standards. | ||||||
22 | (B) A description of all assessments that will be | ||||||
23 | used to measure student progress, which description | ||||||
24 | shall indicate the assessments that will be | ||||||
25 | administered at an attendance center within the school | ||||||
26 | district. |
| |||||||
| |||||||
1 | (C) A description of the progress reports that will | ||||||
2 | be provided to the school district and the person or | ||||||
3 | persons authorized to enroll the student under Section | ||||||
4 | 10-20.12b of this Code. | ||||||
5 | (D) Expectations, processes, and schedules for | ||||||
6 | interaction between a teacher and student. | ||||||
7 | (E) A description of the specific responsibilities | ||||||
8 | of the student's family and the school district with | ||||||
9 | respect to equipment, materials, phone and Internet | ||||||
10 | service, and any other requirements applicable to the | ||||||
11 | home or other location outside of a school building | ||||||
12 | necessary for the delivery of the remote educational | ||||||
13 | program. | ||||||
14 | (F) If applicable, a description of how the remote | ||||||
15 | educational program will be delivered in a manner | ||||||
16 | consistent with the student's individualized education | ||||||
17 | program required by Section 614(d) of the federal | ||||||
18 | Individuals with Disabilities Education Improvement | ||||||
19 | Act of 2004 or plan to ensure compliance with Section | ||||||
20 | 504 of the federal Rehabilitation Act of 1973. | ||||||
21 | (G) A description of the procedures and | ||||||
22 | opportunities for participation in academic and | ||||||
23 | extra-curricular activities and programs within the | ||||||
24 | school district. | ||||||
25 | (H) The identification of a parent, guardian, or | ||||||
26 | other responsible adult who will provide direct |
| |||||||
| |||||||
1 | supervision of the program. The plan must include an | ||||||
2 | acknowledgment by the parent, guardian, or other | ||||||
3 | responsible adult that he or she may engage only in | ||||||
4 | non-teaching duties not requiring instructional | ||||||
5 | judgment or the evaluation of a student. The plan shall | ||||||
6 | designate the parent, guardian, or other responsible | ||||||
7 | adult as non-teaching personnel or volunteer personnel | ||||||
8 | under subsection (a) of Section 10-22.34 of this Code. | ||||||
9 | (I) The identification of a school district | ||||||
10 | administrator who will oversee the remote educational | ||||||
11 | program on behalf of the school district and who may be | ||||||
12 | contacted by the student's parents with respect to any | ||||||
13 | issues or concerns with the program. | ||||||
14 | (J) The term of the student's participation in the | ||||||
15 | remote educational program, which may not extend for | ||||||
16 | longer than 12 months, unless the term is renewed by | ||||||
17 | the district in accordance with subdivision (7) of this | ||||||
18 | subsection (a). | ||||||
19 | (K) A description of the specific location or | ||||||
20 | locations in which the program will be delivered. If | ||||||
21 | the remote educational program is to be delivered to a | ||||||
22 | student in any location other than the student's home, | ||||||
23 | the plan must include a written determination by the | ||||||
24 | school district that the location will provide a | ||||||
25 | learning environment appropriate for the delivery of | ||||||
26 | the program. The location or locations in which the |
| |||||||
| |||||||
1 | program will be delivered shall be deemed a long | ||||||
2 | distance teaching reception area under subsection (a) | ||||||
3 | of Section 10-22.34 of this Code. | ||||||
4 | (L) Certification by the school district that the | ||||||
5 | plan meets all other requirements of this Section. | ||||||
6 | (6) Students participating in a remote educational | ||||||
7 | program must be enrolled in a school district attendance | ||||||
8 | center pursuant to the school district's enrollment policy | ||||||
9 | or policies. A student participating in a remote | ||||||
10 | educational program must be tested as part of all | ||||||
11 | assessments administered by the school district pursuant | ||||||
12 | to Section 2-3.64a-5 of this Code at the attendance center | ||||||
13 | in which the student is enrolled and in accordance with the | ||||||
14 | attendance center's assessment policies and schedule. The | ||||||
15 | student must be included within all accountability | ||||||
16 | determinations for the school district and attendance | ||||||
17 | center under State and federal law. | ||||||
18 | (7) The term of a student's participation in a remote | ||||||
19 | educational program may not extend for longer than 12 | ||||||
20 | months, unless the term is renewed by the school district. | ||||||
21 | The district may only renew a student's participation in a | ||||||
22 | remote educational program following an evaluation of the | ||||||
23 | student's progress in the program, a determination that the | ||||||
24 | student's continuation in the program will best serve the | ||||||
25 | student's individual learning needs, and an amendment to | ||||||
26 | the student's written remote educational plan addressing |
| |||||||
| |||||||
1 | any changes for the upcoming term of the program. | ||||||
2 | For purposes of this Section, a remote educational program | ||||||
3 | does not include instruction delivered to students through an | ||||||
4 | e-learning program approved under Section 10-20.56 of this | ||||||
5 | Code. | ||||||
6 | (b) A school district may, by resolution of its school | ||||||
7 | board, establish a remote educational program. | ||||||
8 | (c) Clock hours of instruction by students in a remote | ||||||
9 | educational program meeting the requirements of this Section | ||||||
10 | may be claimed by the school district and shall be counted as | ||||||
11 | school work for general State aid purposes in accordance with | ||||||
12 | and subject to the limitations of Section 18-8.05 of this Code | ||||||
13 | or evidence-based funding purposes in accordance with and | ||||||
14 | subject to the limitations of Section 18-8.15 of this Code . | ||||||
15 | (d) The impact of remote educational programs on wages, | ||||||
16 | hours, and terms and conditions of employment of educational | ||||||
17 | employees within the school district shall be subject to local | ||||||
18 | collective bargaining agreements. | ||||||
19 | (e) The use of a home or other location outside of a school | ||||||
20 | building for a remote educational program shall not cause the | ||||||
21 | home or other location to be deemed a public school facility. | ||||||
22 | (f) A remote educational program may be used, but is not | ||||||
23 | required, for instruction delivered to a student in the home or | ||||||
24 | other location outside of a school building that is not claimed | ||||||
25 | for general State aid purposes under Section 18-8.05 of this | ||||||
26 | Code or evidence-based funding purposes under Section 18-8.15 |
| |||||||
| |||||||
1 | of this Code . | ||||||
2 | (g) School districts that, pursuant to this Section, adopt | ||||||
3 | a policy for a remote educational program must submit to the | ||||||
4 | State Board of Education a copy of the policy and any | ||||||
5 | amendments thereto, as well as data on student participation in | ||||||
6 | a format specified by the State Board of Education. The State | ||||||
7 | Board of Education may perform or contract with an outside | ||||||
8 | entity to perform an evaluation of remote educational programs | ||||||
9 | in this State. | ||||||
10 | (h) The State Board of Education may adopt any rules | ||||||
11 | necessary to ensure compliance by remote educational programs | ||||||
12 | with the requirements of this Section and other applicable | ||||||
13 | legal requirements.
| ||||||
14 | (Source: P.A. 98-972, eff. 8-15-14; 99-193, eff. 7-30-15; | ||||||
15 | 99-194, eff. 7-30-15; 99-642, eff. 7-28-16.) | ||||||
16 | (105 ILCS 5/11E-135) | ||||||
17 | Sec. 11E-135. Incentives. For districts reorganizing under | ||||||
18 | this Article and for a district or districts that annex all of | ||||||
19 | the territory of one or more entire other school districts in | ||||||
20 | accordance with Article 7 of this Code, the following payments | ||||||
21 | shall be made from appropriations made for these purposes: | ||||||
22 | (a)(1) For a combined school district, as defined in | ||||||
23 | Section 11E-20 of this Code, or for a unit district, as defined | ||||||
24 | in Section 11E-25 of this Code, for its first year of | ||||||
25 | existence, the general State aid and supplemental general State |
| |||||||
| |||||||
1 | aid calculated under Section 18-8.05 of this Code or the | ||||||
2 | evidence-based funding calculated under Section 18-8.15 of | ||||||
3 | this Code, as applicable, shall be computed for the new | ||||||
4 | district and for the previously existing districts for which | ||||||
5 | property is totally included within the new district. If the | ||||||
6 | computation on the basis of the previously existing districts | ||||||
7 | is greater, a supplementary payment equal to the difference | ||||||
8 | shall be made for the first 4 years of existence of the new | ||||||
9 | district. | ||||||
10 | (2) For a school district that annexes all of the territory | ||||||
11 | of one or more entire other school districts as defined in | ||||||
12 | Article 7 of this Code, for the first year during which the | ||||||
13 | change of boundaries attributable to the annexation becomes | ||||||
14 | effective for all purposes, as determined under Section 7-9 of | ||||||
15 | this Code, the general State aid and supplemental general State | ||||||
16 | aid calculated under Section 18-8.05 of this Code or the | ||||||
17 | evidence-based funding calculated under Section 18-8.15 of | ||||||
18 | this Code, as applicable, shall be computed for the annexing | ||||||
19 | district as constituted after the annexation and for the | ||||||
20 | annexing and each annexed district as constituted prior to the | ||||||
21 | annexation; and if the computation on the basis of the annexing | ||||||
22 | and annexed districts as constituted prior to the annexation is | ||||||
23 | greater, then a supplementary payment equal to the difference | ||||||
24 | shall be made for the first 4 years of existence of the | ||||||
25 | annexing school district as constituted upon the annexation. | ||||||
26 | (3) For 2 or more school districts that annex all of the |
| |||||||
| |||||||
1 | territory of one or more entire other school districts, as | ||||||
2 | defined in Article 7 of this Code, for the first year during | ||||||
3 | which the change of boundaries attributable to the annexation | ||||||
4 | becomes effective for all purposes, as determined under Section | ||||||
5 | 7-9 of this Code, the general State aid and supplemental | ||||||
6 | general State aid calculated under Section 18-8.05 of this Code | ||||||
7 | or the evidence-based funding calculated under Section 18-8.15 | ||||||
8 | of this Code, as applicable, shall be computed for each | ||||||
9 | annexing district as constituted after the annexation and for | ||||||
10 | each annexing and annexed district as constituted prior to the | ||||||
11 | annexation; and if the aggregate of the general State aid and | ||||||
12 | supplemental general State aid or evidence-based funding, as | ||||||
13 | applicable, as so computed for the annexing districts as | ||||||
14 | constituted after the annexation is less than the aggregate of | ||||||
15 | the general State aid and supplemental general State aid or | ||||||
16 | evidence-based funding, as applicable, as so computed for the | ||||||
17 | annexing and annexed districts, as constituted prior to the | ||||||
18 | annexation, then a supplementary payment equal to the | ||||||
19 | difference shall be made and allocated between or among the | ||||||
20 | annexing districts, as constituted upon the annexation, for the | ||||||
21 | first 4 years of their existence. The total difference payment | ||||||
22 | shall be allocated between or among the annexing districts in | ||||||
23 | the same ratio as the pupil enrollment from that portion of the | ||||||
24 | annexed district or districts that is annexed to each annexing | ||||||
25 | district bears to the total pupil enrollment from the entire | ||||||
26 | annexed district or districts, as such pupil enrollment is |
| |||||||
| |||||||
1 | determined for the school year last ending prior to the date | ||||||
2 | when the change of boundaries attributable to the annexation | ||||||
3 | becomes effective for all purposes. The amount of the total | ||||||
4 | difference payment and the amount thereof to be allocated to | ||||||
5 | the annexing districts shall be computed by the State Board of | ||||||
6 | Education on the basis of pupil enrollment and other data that | ||||||
7 | shall be certified to the State Board of Education, on forms | ||||||
8 | that it shall provide for that purpose, by the regional | ||||||
9 | superintendent of schools for each educational service region | ||||||
10 | in which the annexing and annexed districts are located. | ||||||
11 | (4) For a school district conversion, as defined in Section | ||||||
12 | 11E-15 of this Code, or a multi-unit conversion, as defined in | ||||||
13 | subsection (b) of Section 11E-30 of this Code, if in their | ||||||
14 | first year of existence the newly created elementary districts | ||||||
15 | and the newly created high school district, from a school | ||||||
16 | district conversion, or the newly created elementary district | ||||||
17 | or districts and newly created combined high school - unit | ||||||
18 | district, from a multi-unit conversion, qualify for less | ||||||
19 | general State aid under Section 18-8.05 of this Code or | ||||||
20 | evidence-based funding under Section 18-8.15 of this Code than | ||||||
21 | would have been payable under Section 18-8.05 or 18-8.15, as | ||||||
22 | applicable, for that same year to the previously existing | ||||||
23 | districts, then a supplementary payment equal to that | ||||||
24 | difference shall be made for the first 4 years of existence of | ||||||
25 | the newly created districts. The aggregate amount of each | ||||||
26 | supplementary payment shall be allocated among the newly |
| |||||||
| |||||||
1 | created districts in the proportion that the deemed pupil | ||||||
2 | enrollment in each district during its first year of existence | ||||||
3 | bears to the actual aggregate pupil enrollment in all of the | ||||||
4 | districts during their first year of existence. For purposes of | ||||||
5 | each allocation: | ||||||
6 | (A) the deemed pupil enrollment of the newly created | ||||||
7 | high school district from a school district conversion | ||||||
8 | shall be an amount equal to its actual pupil enrollment for | ||||||
9 | its first year of existence multiplied by 1.25; | ||||||
10 | (B) the deemed pupil enrollment of each newly created | ||||||
11 | elementary district from a school district conversion | ||||||
12 | shall be an amount equal to its actual pupil enrollment for | ||||||
13 | its first year of existence reduced by an amount equal to | ||||||
14 | the product obtained when the amount by which the newly | ||||||
15 | created high school district's deemed pupil enrollment | ||||||
16 | exceeds its actual pupil enrollment for its first year of | ||||||
17 | existence is multiplied by a fraction, the numerator of | ||||||
18 | which is the actual pupil enrollment of the newly created | ||||||
19 | elementary district for its first year of existence and the | ||||||
20 | denominator of which is the actual aggregate pupil | ||||||
21 | enrollment of all of the newly created elementary districts | ||||||
22 | for their first year of existence; | ||||||
23 | (C) the deemed high school pupil enrollment of the | ||||||
24 | newly created combined high school - unit district from a | ||||||
25 | multi-unit conversion shall be an amount equal to its | ||||||
26 | actual grades 9 through 12 pupil enrollment for its first |
| |||||||
| |||||||
1 | year of existence multiplied by 1.25; and | ||||||
2 | (D) the deemed elementary pupil enrollment of each | ||||||
3 | newly created district from a multi-unit conversion shall | ||||||
4 | be an amount equal to each district's actual grade K | ||||||
5 | through 8 pupil enrollment for its first year of existence, | ||||||
6 | reduced by an amount equal to the product obtained when the | ||||||
7 | amount by which the newly created combined high school - | ||||||
8 | unit district's deemed high school pupil enrollment | ||||||
9 | exceeds its actual grade 9 through 12 pupil enrollment for | ||||||
10 | its first year of existence is multiplied by a fraction, | ||||||
11 | the numerator of which is the actual grade K through 8 | ||||||
12 | pupil enrollment of each newly created district for its | ||||||
13 | first year of existence and the denominator of which is the | ||||||
14 | actual aggregate grade K through 8 pupil enrollment of all | ||||||
15 | such newly created districts for their first year of | ||||||
16 | existence. | ||||||
17 |
The aggregate amount of each supplementary payment under | ||||||
18 | this subdivision (4) and the amount thereof to be allocated to | ||||||
19 | the newly created districts shall be computed by the State | ||||||
20 | Board of Education on the basis of pupil enrollment and other | ||||||
21 | data, which shall be certified to the State Board of Education, | ||||||
22 | on forms that it shall provide for that purpose, by the | ||||||
23 | regional superintendent of schools for each educational | ||||||
24 | service region in which the newly created districts are | ||||||
25 | located.
| ||||||
26 | (5) For a partial elementary unit district, as defined in |
| |||||||
| |||||||
1 | subsection (a) or (c) of Section 11E-30 of this Code, if, in | ||||||
2 | the first year of existence, the newly created partial | ||||||
3 | elementary unit district qualifies for less general State aid | ||||||
4 | and supplemental general State aid under Section 18-8.05 of | ||||||
5 | this Code or less evidence-based funding under Section 18-8.15 | ||||||
6 | of this Code, as applicable, than would have been payable under | ||||||
7 | those Sections that Section for that same year to the | ||||||
8 | previously existing districts that formed the partial | ||||||
9 | elementary unit district, then a supplementary payment equal to | ||||||
10 | that difference shall be made to the partial elementary unit | ||||||
11 | district for the first 4 years of existence of that newly | ||||||
12 | created district. | ||||||
13 | (6) For an elementary opt-in, as described in subsection | ||||||
14 | (d) of Section 11E-30 of this Code, the general State aid or | ||||||
15 | evidence-based funding difference shall be computed in | ||||||
16 | accordance with paragraph (5) of this subsection (a) as if the | ||||||
17 | elementary opt-in was included in an optional elementary unit | ||||||
18 | district at the optional elementary unit district's original | ||||||
19 | effective date. If the calculation in this paragraph (6) is | ||||||
20 | less than that calculated in paragraph (5) of this subsection | ||||||
21 | (a) at the optional elementary unit district's original | ||||||
22 | effective date, then no adjustments may be made. If the | ||||||
23 | calculation in this paragraph (6) is more than that calculated | ||||||
24 | in paragraph (5) of this subsection (a) at the optional | ||||||
25 | elementary unit district's original effective date, then the | ||||||
26 | excess must be paid as follows: |
| |||||||
| |||||||
1 | (A) If the effective date for the elementary opt-in is | ||||||
2 | one year after the effective date for the optional | ||||||
3 | elementary unit district, 100% of the calculated excess | ||||||
4 | shall be paid to the optional elementary unit district in | ||||||
5 | each of the first 4 years after the effective date of the | ||||||
6 | elementary opt-in. | ||||||
7 | (B) If the effective date for the elementary opt-in is | ||||||
8 | 2 years after the effective date for the optional | ||||||
9 | elementary unit district, 75% of the calculated excess | ||||||
10 | shall be paid to the optional elementary unit district in | ||||||
11 | each of the first 4 years after the effective date of the | ||||||
12 | elementary opt-in. | ||||||
13 | (C) If the effective date for the elementary opt-in is | ||||||
14 | 3 years after the effective date for the optional | ||||||
15 | elementary unit district, 50% of the calculated excess | ||||||
16 | shall be paid to the optional elementary unit district in | ||||||
17 | each of the first 4 years after the effective date of the | ||||||
18 | elementary opt-in. | ||||||
19 | (D) If the effective date for the elementary opt-in is | ||||||
20 | 4 years after the effective date for the optional | ||||||
21 | elementary unit district, 25% of the calculated excess | ||||||
22 | shall be paid to the optional elementary unit district in | ||||||
23 | each of the first 4 years after the effective date of the | ||||||
24 | elementary opt-in. | ||||||
25 | (E) If the effective date for the elementary opt-in is | ||||||
26 | 5 years after the effective date for the optional |
| |||||||
| |||||||
1 | elementary unit district, the optional elementary unit | ||||||
2 | district is not eligible for any additional incentives due | ||||||
3 | to the elementary opt-in. | ||||||
4 | (6.5) For a school district that annexes territory detached | ||||||
5 | from another school district whereby the enrollment of the | ||||||
6 | annexing district increases by 90% or more as a result of the | ||||||
7 | annexation, for the first year during which the change of | ||||||
8 | boundaries attributable to the annexation becomes effective | ||||||
9 | for all purposes as determined under Section 7-9 of this Code, | ||||||
10 | the general State aid and supplemental general State aid or | ||||||
11 | evidence-based funding, as applicable, calculated under this | ||||||
12 | Section shall be computed for the district gaining territory | ||||||
13 | and the district losing territory as constituted after the | ||||||
14 | annexation and for the same districts as constituted prior to | ||||||
15 | the annexation; and if the aggregate of the general State aid | ||||||
16 | and supplemental general State aid or evidence-based funding, | ||||||
17 | as applicable, as so computed for the district gaining | ||||||
18 | territory and the district losing territory as constituted | ||||||
19 | after the annexation is less than the aggregate of the general | ||||||
20 | State aid and supplemental general State aid or evidence-based | ||||||
21 | funding, as applicable, as so computed for the district gaining | ||||||
22 | territory and the district losing territory as constituted | ||||||
23 | prior to the annexation, then a supplementary payment shall be | ||||||
24 | made to the annexing district for the first 4 years of | ||||||
25 | existence after the annexation, equal to the difference | ||||||
26 | multiplied by the ratio of student enrollment in the territory |
| |||||||
| |||||||
1 | detached to the total student enrollment in the district losing | ||||||
2 | territory for the year prior to the effective date of the | ||||||
3 | annexation. The amount of the total difference and the | ||||||
4 | proportion paid to the annexing district shall be computed by | ||||||
5 | the State Board of Education on the basis of pupil enrollment | ||||||
6 | and other data that must be submitted to the State Board of | ||||||
7 | Education in accordance with Section 7-14A of this Code. The | ||||||
8 | changes to this Section made by Public Act 95-707
are intended | ||||||
9 | to be retroactive and applicable to any annexation taking | ||||||
10 | effect on or after July 1, 2004. For annexations that are | ||||||
11 | eligible for payments under this paragraph (6.5) and that are | ||||||
12 | effective on or after July 1, 2004, but before January 11, 2008 | ||||||
13 | (the effective date of Public Act 95-707), the first required | ||||||
14 | yearly payment under this paragraph (6.5) shall be paid in the | ||||||
15 | fiscal year of January 11, 2008 (the effective date of Public | ||||||
16 | Act 95-707). Subsequent required yearly payments shall be paid | ||||||
17 | in subsequent fiscal years until the payment obligation under | ||||||
18 | this paragraph (6.5) is complete. | ||||||
19 | (7) Claims for financial assistance under this subsection | ||||||
20 | (a) may not be recomputed except as expressly provided under | ||||||
21 | Section 18-8.05 or 18-8.15 of this Code. | ||||||
22 | (8) Any supplementary payment made under this subsection | ||||||
23 | (a) must be treated as separate from all other payments made | ||||||
24 | pursuant to Section 18-8.05 or 18-8.15 of this Code. | ||||||
25 | (b)(1) After the formation of a combined school district, | ||||||
26 | as defined in Section 11E-20 of this Code, or a unit district, |
| |||||||
| |||||||
1 | as defined in Section 11E-25 of this Code, a computation shall | ||||||
2 | be made to determine the difference between the salaries | ||||||
3 | effective in each of the previously existing districts on June | ||||||
4 | 30, prior to the creation of the new district. For the first 4 | ||||||
5 | years after the formation of the new district, a supplementary | ||||||
6 | State aid reimbursement shall be paid to the new district equal | ||||||
7 | to the difference between the sum of the salaries earned by | ||||||
8 | each of the certificated members of the new district, while | ||||||
9 | employed in one of the previously existing districts during the | ||||||
10 | year immediately preceding the formation of the new district, | ||||||
11 | and the sum of the salaries those certificated members would | ||||||
12 | have been paid during the year immediately prior to the | ||||||
13 | formation of the new district if placed on the salary schedule | ||||||
14 | of the previously existing district with the highest salary | ||||||
15 | schedule. | ||||||
16 | (2) After the territory of one or more school districts is | ||||||
17 | annexed by one or more other school districts as defined in | ||||||
18 | Article 7 of this Code, a computation shall be made to | ||||||
19 | determine the difference between the salaries effective in each | ||||||
20 | annexed district and in the annexing district or districts as | ||||||
21 | they were each constituted on June 30 preceding the date when | ||||||
22 | the change of boundaries attributable to the annexation became | ||||||
23 | effective for all purposes, as determined under Section 7-9 of | ||||||
24 | this Code. For the first 4 years after the annexation, a | ||||||
25 | supplementary State aid reimbursement shall be paid to each | ||||||
26 | annexing district as constituted after the annexation equal to |
| |||||||
| |||||||
1 | the difference between the sum of the salaries earned by each | ||||||
2 | of the certificated members of the annexing district as | ||||||
3 | constituted after the annexation, while employed in an annexed | ||||||
4 | or annexing district during the year immediately preceding the | ||||||
5 | annexation, and the sum of the salaries those certificated | ||||||
6 | members would have been paid during the immediately preceding | ||||||
7 | year if placed on the salary schedule of whichever of the | ||||||
8 | annexing or annexed districts had the highest salary schedule | ||||||
9 | during the immediately preceding year. | ||||||
10 | (3) For each new high school district formed under a school | ||||||
11 | district conversion, as defined in Section 11E-15 of this Code, | ||||||
12 | the State shall make a supplementary payment for 4 years equal | ||||||
13 | to the difference between the sum of the salaries earned by | ||||||
14 | each certified member of the new high school district, while | ||||||
15 | employed in one of the previously existing districts, and the | ||||||
16 | sum of the salaries those certified members would have been | ||||||
17 | paid if placed on the salary schedule of the previously | ||||||
18 | existing district with the highest salary schedule. | ||||||
19 | (4) For each newly created partial elementary unit | ||||||
20 | district, the State shall make a supplementary payment for 4 | ||||||
21 | years equal to the difference between the sum of the salaries | ||||||
22 | earned by each certified member of the newly created partial | ||||||
23 | elementary unit district, while employed in one of the | ||||||
24 | previously existing districts that formed the partial | ||||||
25 | elementary unit district, and the sum of the salaries those | ||||||
26 | certified members would have been paid if placed on the salary |
| |||||||
| |||||||
1 | schedule of the previously existing district with the highest | ||||||
2 | salary schedule. The salary schedules used in the calculation | ||||||
3 | shall be those in effect in the previously existing districts | ||||||
4 | for the school year prior to the creation of the new partial | ||||||
5 | elementary unit district. | ||||||
6 | (5) For an elementary district opt-in, as described in | ||||||
7 | subsection (d) of Section 11E-30 of this Code, the salary | ||||||
8 | difference incentive shall be computed in accordance with | ||||||
9 | paragraph (4) of this subsection (b) as if the opted-in | ||||||
10 | elementary district was included in the optional elementary | ||||||
11 | unit district at the optional elementary unit district's | ||||||
12 | original effective date. If the calculation in this paragraph | ||||||
13 | (5) is less than that calculated in paragraph (4) of this | ||||||
14 | subsection (b) at the optional elementary unit district's | ||||||
15 | original effective date, then no adjustments may be made. If | ||||||
16 | the calculation in this paragraph (5) is more than that | ||||||
17 | calculated in paragraph (4) of this subsection (b) at the | ||||||
18 | optional elementary unit district's original effective date, | ||||||
19 | then the excess must be paid as follows: | ||||||
20 | (A) If the effective date for the elementary opt-in is | ||||||
21 | one year after the effective date for the optional | ||||||
22 | elementary unit district, 100% of the calculated excess | ||||||
23 | shall be paid to the optional elementary unit district in | ||||||
24 | each of the first 4 years after the effective date of the | ||||||
25 | elementary opt-in. | ||||||
26 | (B) If the effective date for the elementary opt-in is |
| |||||||
| |||||||
1 | 2 years after the effective date for the optional | ||||||
2 | elementary unit district, 75% of the calculated excess | ||||||
3 | shall be paid to the optional elementary unit district in | ||||||
4 | each of the first 4 years after the effective date of the | ||||||
5 | elementary opt-in. | ||||||
6 | (C) If the effective date for the elementary opt-in is | ||||||
7 | 3 years after the effective date for the optional | ||||||
8 | elementary unit district, 50% of the calculated excess | ||||||
9 | shall be paid to the optional elementary unit district in | ||||||
10 | each of the first 4 years after the effective date of the | ||||||
11 | elementary opt-in. | ||||||
12 | (D) If the effective date for the elementary opt-in is | ||||||
13 | 4 years after the effective date for the partial elementary | ||||||
14 | unit district, 25% of the calculated excess shall be paid | ||||||
15 | to the optional elementary unit district in each of the | ||||||
16 | first 4 years after the effective date of the elementary | ||||||
17 | opt-in. | ||||||
18 | (E) If the effective date for the elementary opt-in is | ||||||
19 | 5 years after the effective date for the optional | ||||||
20 | elementary unit district, the optional elementary unit | ||||||
21 | district is not eligible for any additional incentives due | ||||||
22 | to the elementary opt-in. | ||||||
23 | (5.5) After the formation of a cooperative high school by 2 | ||||||
24 | or more school districts under Section 10-22.22c of this Code, | ||||||
25 | a computation shall be made to determine the difference between | ||||||
26 | the salaries effective in each of the previously existing high |
| |||||||
| |||||||
1 | schools on June 30 prior to the formation of the cooperative | ||||||
2 | high school. For the first 4 years after the formation of the | ||||||
3 | cooperative high school, a supplementary State aid | ||||||
4 | reimbursement shall be paid to the cooperative high school | ||||||
5 | equal to the difference between the sum of the salaries earned | ||||||
6 | by each of the certificated members of the cooperative high | ||||||
7 | school while employed in one of the previously existing high | ||||||
8 | schools during the year immediately preceding the formation of | ||||||
9 | the cooperative high school and the sum of the salaries those | ||||||
10 | certificated members would have been paid during the year | ||||||
11 | immediately prior to the formation of the cooperative high | ||||||
12 | school if placed on the salary schedule of the previously | ||||||
13 | existing high school with the highest salary schedule. | ||||||
14 | (5.10) After the annexation of territory detached from
| ||||||
15 | another school district whereby the enrollment of the annexing
| ||||||
16 | district increases by 90% or more as a result of the
| ||||||
17 | annexation, a computation shall be made to determine the
| ||||||
18 | difference between the salaries effective in the district
| ||||||
19 | gaining territory and the district losing territory as they
| ||||||
20 | each were constituted on June 30 preceding the date when the
| ||||||
21 | change of boundaries attributable to the annexation became
| ||||||
22 | effective for all purposes as determined under Section 7-9 of
| ||||||
23 | this Code. For the first 4 years after the annexation, a
| ||||||
24 | supplementary State aid reimbursement shall be paid to the
| ||||||
25 | annexing district equal to the difference between the sum of
| ||||||
26 | the salaries earned by each of the certificated members of the
|
| |||||||
| |||||||
1 | annexing district as constituted after the annexation while
| ||||||
2 | employed in the district gaining territory or the district
| ||||||
3 | losing territory during the year immediately preceding the
| ||||||
4 | annexation and the sum of the salaries those certificated
| ||||||
5 | members would have been paid during such immediately preceding
| ||||||
6 | year if placed on the salary schedule of whichever of the
| ||||||
7 | district gaining territory or district losing territory had the
| ||||||
8 | highest salary schedule during the immediately preceding year.
| ||||||
9 | To be eligible for supplementary State aid reimbursement under
| ||||||
10 | this Section, the intergovernmental agreement to be submitted
| ||||||
11 | pursuant to Section 7-14A of this Code must show that staff
| ||||||
12 | members were transferred from the control of the district
| ||||||
13 | losing territory to the control of the district gaining
| ||||||
14 | territory in the annexation. The changes to this Section made
| ||||||
15 | by Public Act 95-707
are
intended to be retroactive and | ||||||
16 | applicable to any annexation
taking effect on or after July 1, | ||||||
17 | 2004. For annexations that are eligible for payments under this | ||||||
18 | paragraph (5.10) and that are effective on or after July 1, | ||||||
19 | 2004, but before January 11, 2008 (the effective date of Public | ||||||
20 | Act 95-707), the first required yearly payment under this | ||||||
21 | paragraph (5.10) shall be paid in the fiscal year of January | ||||||
22 | 11, 2008 (the effective date of Public Act 95-707). Subsequent | ||||||
23 | required yearly payments shall be paid in subsequent fiscal | ||||||
24 | years until the payment obligation under this paragraph (5.10) | ||||||
25 | is complete.
| ||||||
26 | (5.15)
After the deactivation of a school facility in |
| |||||||
| |||||||
1 | accordance with Section 10-22.22b of this Code, a computation | ||||||
2 | shall be made to determine the difference between the salaries | ||||||
3 | effective in the sending school district and each receiving | ||||||
4 | school district on June 30 prior to the deactivation of the | ||||||
5 | school facility. For the lesser of the first 4 years after the | ||||||
6 | deactivation of the school facility or the length of the | ||||||
7 | deactivation agreement, including any renewals of the original | ||||||
8 | deactivation agreement, a supplementary State aid | ||||||
9 | reimbursement shall be paid to each receiving district equal to | ||||||
10 | the difference between the sum of the salaries earned by each | ||||||
11 | of the certificated members transferred to that receiving | ||||||
12 | district as a result of the deactivation while employed in the | ||||||
13 | sending district during the year immediately preceding the | ||||||
14 | deactivation and the sum of the salaries those certificated | ||||||
15 | members would have been paid during the year immediately | ||||||
16 | preceding the deactivation if placed on the salary schedule of | ||||||
17 | the sending or receiving district with the highest salary | ||||||
18 | schedule. | ||||||
19 | (6) The supplementary State aid reimbursement under this | ||||||
20 | subsection (b) shall be treated as separate from all other | ||||||
21 | payments made pursuant to Section 18-8.05 of this Code. In the | ||||||
22 | case of the formation of a new district or cooperative high | ||||||
23 | school or a deactivation, reimbursement shall begin during the | ||||||
24 | first year of operation of the new district or cooperative high | ||||||
25 | school or the first year of the deactivation, and in the case | ||||||
26 | of an annexation of the territory of one or more school |
| |||||||
| |||||||
1 | districts by one or more other school districts or the | ||||||
2 | annexation of territory detached from a school district whereby
| ||||||
3 | the enrollment of the annexing district increases by 90% or
| ||||||
4 | more as a result of the annexation, reimbursement shall begin | ||||||
5 | during the first year when the change in boundaries | ||||||
6 | attributable to the annexation becomes effective for all | ||||||
7 | purposes as determined pursuant to Section 7-9 of this Code, | ||||||
8 | except that for an annexation of territory detached from a | ||||||
9 | school district that is effective on or after July 1, 2004, but | ||||||
10 | before January 11, 2008 (the effective date of Public Act | ||||||
11 | 95-707), whereby the enrollment of the annexing district | ||||||
12 | increases by 90% or more as a result of the annexation, | ||||||
13 | reimbursement shall begin during the fiscal year of January 11, | ||||||
14 | 2008 (the effective date of Public Act 95-707). Each year that | ||||||
15 | the new, annexing, or receiving district or cooperative high | ||||||
16 | school, as the case may be, is entitled to receive | ||||||
17 | reimbursement, the number of eligible certified members who are | ||||||
18 | employed on October 1 in the district or cooperative high | ||||||
19 | school shall be certified to the State Board of Education on | ||||||
20 | prescribed forms by October 15 and payment shall be made on or | ||||||
21 | before November 15 of that year. | ||||||
22 | (c)(1) For the first year after the formation of a combined | ||||||
23 | school district, as defined in Section 11E-20 of this Code or a | ||||||
24 | unit district, as defined in Section 11E-25 of this Code, a | ||||||
25 | computation shall be made totaling each previously existing | ||||||
26 | district's audited fund balances in the educational fund, |
| |||||||
| |||||||
1 | working cash fund, operations and maintenance fund, and | ||||||
2 | transportation fund for the year ending June 30 prior to the | ||||||
3 | referendum for the creation of the new district. The new | ||||||
4 | district shall be paid supplementary State aid equal to the sum | ||||||
5 | of the differences between the deficit of the previously | ||||||
6 | existing district with the smallest deficit and the deficits of | ||||||
7 | each of the other previously existing districts. | ||||||
8 | (2) For the first year after the annexation of all of the | ||||||
9 | territory of one or more entire school districts by another | ||||||
10 | school district, as defined in Article 7 of this Code, | ||||||
11 | computations shall be made, for the year ending June 30 prior | ||||||
12 | to the date that the change of boundaries attributable to the | ||||||
13 | annexation is allowed by the affirmative decision issued by the | ||||||
14 | regional board of school trustees under Section 7-6 of this | ||||||
15 | Code, notwithstanding any effort to seek administrative review | ||||||
16 | of the decision, totaling the annexing district's and totaling | ||||||
17 | each annexed district's audited fund balances in their | ||||||
18 | respective educational, working cash, operations and | ||||||
19 | maintenance, and transportation funds. The annexing district | ||||||
20 | as constituted after the annexation shall be paid supplementary | ||||||
21 | State aid equal to the sum of the differences between the | ||||||
22 | deficit of whichever of the annexing or annexed districts as | ||||||
23 | constituted prior to the annexation had the smallest deficit | ||||||
24 | and the deficits of each of the other districts as constituted | ||||||
25 | prior to the annexation. | ||||||
26 | (3) For the first year after the annexation of all of the |
| |||||||
| |||||||
1 | territory of one or more entire school districts by 2 or more | ||||||
2 | other school districts, as defined by Article 7 of this Code, | ||||||
3 | computations shall be made, for the year ending June 30 prior | ||||||
4 | to the date that the change of boundaries attributable to the | ||||||
5 | annexation is allowed by the affirmative decision of the | ||||||
6 | regional board of school trustees under Section 7-6 of this | ||||||
7 | Code, notwithstanding any action for administrative review of | ||||||
8 | the decision, totaling each annexing and annexed district's | ||||||
9 | audited fund balances in their respective educational, working | ||||||
10 | cash, operations and maintenance, and transportation funds. | ||||||
11 | The annexing districts as constituted after the annexation | ||||||
12 | shall be paid supplementary State aid, allocated as provided in | ||||||
13 | this paragraph (3), in an aggregate amount equal to the sum of | ||||||
14 | the differences between the deficit of whichever of the | ||||||
15 | annexing or annexed districts as constituted prior to the | ||||||
16 | annexation had the smallest deficit and the deficits of each of | ||||||
17 | the other districts as constituted prior to the annexation. The | ||||||
18 | aggregate amount of the supplementary State aid payable under | ||||||
19 | this paragraph (3) shall be allocated between or among the | ||||||
20 | annexing districts as follows: | ||||||
21 | (A) the regional superintendent of schools for each | ||||||
22 | educational service region in which an annexed district is | ||||||
23 | located prior to the annexation shall certify to the State | ||||||
24 | Board of Education, on forms that it shall provide for that | ||||||
25 | purpose, the value of all taxable property in each annexed | ||||||
26 | district, as last equalized or assessed by the Department |
| |||||||
| |||||||
1 | of Revenue prior to the annexation, and the equalized | ||||||
2 | assessed value of each part of the annexed district that | ||||||
3 | was annexed to or included as a part of an annexing | ||||||
4 | district; | ||||||
5 | (B) using equalized assessed values as certified by the | ||||||
6 | regional superintendent of schools under clause (A) of this | ||||||
7 | paragraph (3), the combined audited fund balance deficit of | ||||||
8 | each annexed district as determined under this Section | ||||||
9 | shall be apportioned between or among the annexing | ||||||
10 | districts in the same ratio as the equalized assessed value | ||||||
11 | of that part of the annexed district that was annexed to or | ||||||
12 | included as a part of an annexing district bears to the | ||||||
13 | total equalized assessed value of the annexed district; and | ||||||
14 | (C) the aggregate supplementary State aid payment | ||||||
15 | under this paragraph (3) shall be allocated between or | ||||||
16 | among, and shall be paid to, the annexing districts in the | ||||||
17 | same ratio as the sum of the combined audited fund balance | ||||||
18 | deficit of each annexing district as constituted prior to | ||||||
19 | the annexation, plus all combined audited fund balance | ||||||
20 | deficit amounts apportioned to that annexing district | ||||||
21 | under clause (B) of this subsection, bears to the aggregate | ||||||
22 | of the combined audited fund balance deficits of all of the | ||||||
23 | annexing and annexed districts as constituted prior to the | ||||||
24 | annexation. | ||||||
25 | (4) For the new elementary districts and new high school | ||||||
26 | district formed through a school district conversion, as |
| |||||||
| |||||||
1 | defined in Section 11E-15 of this Code or the new elementary | ||||||
2 | district or districts and new combined high school - unit | ||||||
3 | district formed through a multi-unit conversion, as defined in | ||||||
4 | subsection (b) of Section 11E-30 of this Code, a computation | ||||||
5 | shall be made totaling each previously existing district's | ||||||
6 | audited fund balances in the educational fund, working cash | ||||||
7 | fund, operations and maintenance fund, and transportation fund | ||||||
8 | for the year ending June 30 prior to the referendum | ||||||
9 | establishing the new districts. In the first year of the new | ||||||
10 | districts, the State shall make a one-time supplementary | ||||||
11 | payment equal to the sum of the differences between the deficit | ||||||
12 | of the previously existing district with the smallest deficit | ||||||
13 | and the deficits of each of the other previously existing | ||||||
14 | districts. A district with a combined balance among the 4 funds | ||||||
15 | that is positive shall be considered to have a deficit of zero. | ||||||
16 | The supplementary payment shall be allocated among the newly | ||||||
17 | formed high school and elementary districts in the manner | ||||||
18 | provided by the petition for the formation of the districts, in | ||||||
19 | the form in which the petition is approved by the regional | ||||||
20 | superintendent of schools or State Superintendent of Education | ||||||
21 | under Section 11E-50 of this Code. | ||||||
22 | (5) For each newly created partial elementary unit | ||||||
23 | district, as defined in subsection (a) or (c) of Section 11E-30 | ||||||
24 | of this Code, a computation shall be made totaling the audited | ||||||
25 | fund balances of each previously existing district that formed | ||||||
26 | the new partial elementary unit district in the educational |
| |||||||
| |||||||
1 | fund, working cash fund, operations and maintenance fund, and | ||||||
2 | transportation fund for the year ending June 30 prior to the | ||||||
3 | referendum for the formation of the partial elementary unit | ||||||
4 | district. In the first year of the new partial elementary unit | ||||||
5 | district, the State shall make a one-time supplementary payment | ||||||
6 | to the new district equal to the sum of the differences between | ||||||
7 | the deficit of the previously existing district with the | ||||||
8 | smallest deficit and the deficits of each of the other | ||||||
9 | previously existing districts. A district with a combined | ||||||
10 | balance among the 4 funds that is positive shall be considered | ||||||
11 | to have a deficit of zero. | ||||||
12 | (6) For an elementary opt-in as defined in subsection (d) | ||||||
13 | of Section 11E-30 of this Code, the deficit fund balance | ||||||
14 | incentive shall be computed in accordance with paragraph (5) of | ||||||
15 | this subsection (c) as if the opted-in elementary was included | ||||||
16 | in the optional elementary unit district at the optional | ||||||
17 | elementary unit district's original effective date. If the | ||||||
18 | calculation in this paragraph (6) is less than that calculated | ||||||
19 | in paragraph (5) of this subsection (c) at the optional | ||||||
20 | elementary unit district's original effective date, then no | ||||||
21 | adjustments may be made. If the calculation in this paragraph | ||||||
22 | (6) is more than that calculated in paragraph (5) of this | ||||||
23 | subsection (c) at the optional elementary unit district's | ||||||
24 | original effective date, then the excess must be paid as | ||||||
25 | follows: | ||||||
26 | (A) If the effective date for the elementary opt-in is |
| |||||||
| |||||||
1 | one year after the effective date for the optional | ||||||
2 | elementary unit district, 100% of the calculated excess | ||||||
3 | shall be paid to the optional elementary unit district in | ||||||
4 | the first year after the effective date of the elementary | ||||||
5 | opt-in. | ||||||
6 | (B) If the effective date for the elementary opt-in is | ||||||
7 | 2 years after the effective date for the optional | ||||||
8 | elementary unit district, 75% of the calculated excess | ||||||
9 | shall be paid to the optional elementary unit district in | ||||||
10 | the first year after the effective date of the elementary | ||||||
11 | opt-in. | ||||||
12 | (C) If the effective date for the elementary opt-in is | ||||||
13 | 3 years after the effective date for the optional | ||||||
14 | elementary unit district, 50% of the calculated excess | ||||||
15 | shall be paid to the optional elementary unit district in | ||||||
16 | the first year after the effective date of the elementary | ||||||
17 | opt-in. | ||||||
18 | (D) If the effective date for the elementary opt-in is | ||||||
19 | 4 years after the effective date for the optional | ||||||
20 | elementary unit district, 25% of the calculated excess | ||||||
21 | shall be paid to the optional elementary unit district in | ||||||
22 | the first year after the effective date of the elementary | ||||||
23 | opt-in. | ||||||
24 | (E) If the effective date for the elementary opt-in is | ||||||
25 | 5 years after the effective date for the optional | ||||||
26 | elementary unit district, the optional elementary unit |
| |||||||
| |||||||
1 | district is not eligible for any additional incentives due | ||||||
2 | to the elementary opt-in. | ||||||
3 | (6.5) For the first year after the annexation of territory
| ||||||
4 | detached from another school district whereby the enrollment of
| ||||||
5 | the annexing district increases by 90% or more as a result of
| ||||||
6 | the annexation, a computation shall be made totaling the
| ||||||
7 | audited fund balances of the district gaining territory and the
| ||||||
8 | audited fund balances of the district losing territory in the
| ||||||
9 | educational fund, working cash fund, operations and
| ||||||
10 | maintenance fund, and transportation fund for the year ending
| ||||||
11 | June 30 prior to the date that the change of boundaries
| ||||||
12 | attributable to the annexation is allowed by the affirmative
| ||||||
13 | decision of the regional board of school trustees under Section
| ||||||
14 | 7-6 of this Code, notwithstanding any action for administrative
| ||||||
15 | review of the decision. The annexing district as constituted
| ||||||
16 | after the annexation shall be paid supplementary State aid
| ||||||
17 | equal to the difference between the deficit of whichever
| ||||||
18 | district included in this calculation as constituted prior to
| ||||||
19 | the annexation had the smallest deficit and the deficit of each
| ||||||
20 | other district included in this calculation as constituted
| ||||||
21 | prior to the annexation, multiplied by the ratio of equalized
| ||||||
22 | assessed value of the territory detached to the total equalized
| ||||||
23 | assessed value of the district losing territory. The regional
| ||||||
24 | superintendent of schools for the educational service region in
| ||||||
25 | which a district losing territory is located prior to the
| ||||||
26 | annexation shall certify to the State Board of Education the
|
| |||||||
| |||||||
1 | value of all taxable property in the district losing territory
| ||||||
2 | and the value of all taxable property in the territory being
| ||||||
3 | detached, as last equalized or assessed by the Department of
| ||||||
4 | Revenue prior to the annexation. To be eligible for
| ||||||
5 | supplementary State aid reimbursement under this Section, the
| ||||||
6 | intergovernmental agreement to be submitted pursuant to
| ||||||
7 | Section 7-14A of this Code must show that fund balances were
| ||||||
8 | transferred from the district losing territory to the district
| ||||||
9 | gaining territory in the annexation. The changes to this
| ||||||
10 | Section made by Public Act 95-707
are intended to be | ||||||
11 | retroactive and applicable to any
annexation taking effect on | ||||||
12 | or after July 1, 2004. For annexations that are eligible for | ||||||
13 | payments under this paragraph (6.5) and that are effective on | ||||||
14 | or after July 1, 2004, but before January 11, 2008 (the | ||||||
15 | effective date of Public Act 95-707), the required payment | ||||||
16 | under this paragraph (6.5) shall be paid in the fiscal year of | ||||||
17 | January 11, 2008 (the effective date of Public Act 95-707).
| ||||||
18 | (7) For purposes of any calculation required under | ||||||
19 | paragraph (1), (2), (3), (4), (5), (6), or (6.5) of this | ||||||
20 | subsection (c), a district with a combined fund balance that is | ||||||
21 | positive shall be considered to have a deficit of zero. For | ||||||
22 | purposes of determining each district's audited fund balances | ||||||
23 | in its educational fund, working cash fund, operations and | ||||||
24 | maintenance fund, and transportation fund for the specified | ||||||
25 | year ending June 30, as provided in paragraphs (1), (2), (3), | ||||||
26 | (4), (5), (6), and (6.5) of this subsection (c), the balance of |
| |||||||
| |||||||
1 | each fund shall be deemed decreased by an amount equal to the | ||||||
2 | amount of the annual property tax theretofore levied in the | ||||||
3 | fund by the district for collection and payment to the district | ||||||
4 | during the calendar year in which the June 30 fell, but only to | ||||||
5 | the extent that the tax so levied in the fund actually was | ||||||
6 | received by the district on or before or comprised a part of | ||||||
7 | the fund on such June 30. For purposes of determining each | ||||||
8 | district's audited fund balances, a calculation shall be made | ||||||
9 | for each fund to determine the average for the 3 years prior to | ||||||
10 | the specified year ending June 30, as provided in paragraphs | ||||||
11 | (1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c), | ||||||
12 | of the district's expenditures in the categories "purchased | ||||||
13 | services", "supplies and materials", and "capital outlay", as | ||||||
14 | those categories are defined in rules of the State Board of | ||||||
15 | Education. If this 3-year average is less than the district's | ||||||
16 | expenditures in these categories for the specified year ending | ||||||
17 | June 30, as provided in paragraphs (1), (2), (3), (4), (5), | ||||||
18 | (6), and (6.5) of this subsection (c), then the 3-year average | ||||||
19 | shall be used in calculating the amounts payable under this | ||||||
20 | Section in place of the amounts shown in these categories for | ||||||
21 | the specified year ending June 30, as provided in paragraphs | ||||||
22 | (1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c). | ||||||
23 | Any deficit because of State aid not yet received may not be | ||||||
24 | considered in determining the June 30 deficits. The same basis | ||||||
25 | of accounting shall be used by all previously existing | ||||||
26 | districts and by all annexing or annexed districts, as |
| ||||||||||||||
| ||||||||||||||
1 | constituted prior to the annexation, in making any computation | |||||||||||||
2 | required under paragraphs (1), (2), (3), (4), (5), (6), and | |||||||||||||
3 | (6.5) of this subsection (c). | |||||||||||||
4 | (8) The supplementary State aid payments under this | |||||||||||||
5 | subsection (c) shall be treated as separate from all other | |||||||||||||
6 | payments made pursuant to Section 18-8.05 of this Code. | |||||||||||||
7 | (d)(1) Following the formation of a combined school | |||||||||||||
8 | district, as defined in Section 11E-20 of this Code, a new unit | |||||||||||||
9 | district, as defined in Section 11E-25 of this Code, a new | |||||||||||||
10 | elementary district or districts and a new high school district | |||||||||||||
11 | formed through a school district conversion, as defined in | |||||||||||||
12 | Section 11E-15 of this Code, a new partial elementary unit | |||||||||||||
13 | district, as defined in Section 11E-30 of this Code, or a new | |||||||||||||
14 | elementary district or districts formed through a multi-unit | |||||||||||||
15 | conversion, as defined in subsection (b) of Section 11E-30 of | |||||||||||||
16 | this Code, or the annexation of all of the territory of one or | |||||||||||||
17 | more entire school districts by one or more other school | |||||||||||||
18 | districts, as defined in Article 7 of this Code, a | |||||||||||||
19 | supplementary State aid reimbursement shall be paid for the | |||||||||||||
20 | number of school years determined under the following table to | |||||||||||||
21 | each new or annexing district equal to the sum of $4,000 for | |||||||||||||
22 | each certified employee who is employed by the district on a | |||||||||||||
23 | full-time basis for the regular term of the school year: | |||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | The State Board of Education shall make a one-time calculation | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | of a reorganized district's quintile ranks. The average daily | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | attendance used in this calculation shall be the best 3 months' | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | average daily attendance for the district's first year. The | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | equalized assessed value per pupil shall be the district's real | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | property equalized assessed value used in calculating the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | district's first-year general State aid claim, under Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | 18-8.05 of this Code, or first-year evidence-based funding | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | claim, under Section 18-8.15 of this Code, as applicable, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | divided by the best 3 months' average daily attendance. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | No annexing or resulting school district shall be entitled | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | to supplementary State aid under this subsection (d) unless the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | district acquires at least 30% of the average daily attendance | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | of the district from which the territory is being detached or |
| |||||||
| |||||||
1 | divided. | ||||||
2 | If a district results from multiple reorganizations that | ||||||
3 | would otherwise qualify the district for multiple payments | ||||||
4 | under this subsection (d) in any year, then the district shall | ||||||
5 | receive a single payment only for that year based solely on the | ||||||
6 | most recent reorganization. | ||||||
7 | (2) For an elementary opt-in, as defined in subsection (d) | ||||||
8 | of Section 11E-30 of this Code, the full-time certified staff | ||||||
9 | incentive shall be computed in accordance with paragraph (1) of | ||||||
10 | this subsection (d), equal to the sum of $4,000 for each | ||||||
11 | certified employee of the elementary district that opts-in who | ||||||
12 | is employed by the optional elementary unit district on a | ||||||
13 | full-time basis for the regular term of the school year. The | ||||||
14 | calculation from this paragraph (2) must be paid as follows: | ||||||
15 | (A) If the effective date for the elementary opt-in is | ||||||
16 | one year after the effective date for the optional | ||||||
17 | elementary unit district, 100% of the amount calculated in | ||||||
18 | this paragraph (2) shall be paid to the optional elementary | ||||||
19 | unit district for the number of years calculated in | ||||||
20 | paragraph (1) of this subsection (d) at the optional | ||||||
21 | elementary unit district's original effective date, | ||||||
22 | starting in the second year after the effective date of the | ||||||
23 | elementary opt-in. | ||||||
24 | (B) If the effective date for the elementary opt-in is | ||||||
25 | 2 years after the effective date for the optional | ||||||
26 | elementary unit district, 75% of the amount calculated in |
| |||||||
| |||||||
1 | this paragraph (2) shall be paid to the optional elementary | ||||||
2 | unit district for the number of years calculated in | ||||||
3 | paragraph (1) of this subsection (d) at the optional | ||||||
4 | elementary unit district's original effective date, | ||||||
5 | starting in the second year after the effective date of the | ||||||
6 | elementary opt-in. | ||||||
7 | (C) If the effective date for the elementary opt-in is | ||||||
8 | 3 years after the effective date for the optional | ||||||
9 | elementary unit district, 50% of the amount calculated in | ||||||
10 | this paragraph (2) shall be paid to the optional elementary | ||||||
11 | unit district for the number of years calculated in | ||||||
12 | paragraph (1) of this subsection (d) at the optional | ||||||
13 | elementary unit district's original effective date, | ||||||
14 | starting in the second year after the effective date of the | ||||||
15 | elementary opt-in. | ||||||
16 | (D) If the effective date for the elementary opt-in is | ||||||
17 | 4 years after the effective date for the optional | ||||||
18 | elementary unit district, 25% of the amount calculated in | ||||||
19 | this paragraph (2) shall be paid to the optional elementary | ||||||
20 | unit district for the number of years calculated in | ||||||
21 | paragraph (1) of this subsection (d) at the optional | ||||||
22 | elementary unit district's original effective date, | ||||||
23 | starting in the second year after the effective date of the | ||||||
24 | elementary opt-in. | ||||||
25 | (E) If the effective date for the elementary opt-in is | ||||||
26 | 5 years after the effective date for the optional |
| |||||||
| |||||||
1 | elementary unit district, the optional elementary unit | ||||||
2 | district is not eligible for any additional incentives due | ||||||
3 | to the elementary opt-in. | ||||||
4 | (2.5) Following the formation of a cooperative high school | ||||||
5 | by 2 or more school districts under Section 10-22.22c of this | ||||||
6 | Code, a supplementary State aid reimbursement shall be paid for | ||||||
7 | 3 school years to the cooperative high school equal to the sum | ||||||
8 | of $4,000 for each certified employee who is employed by the | ||||||
9 | cooperative high school on a full-time basis for the regular | ||||||
10 | term of any such school year. If a cooperative high school | ||||||
11 | results from multiple agreements that would otherwise qualify | ||||||
12 | the cooperative high school for multiple payments under this | ||||||
13 | Section in any year, the cooperative high school shall receive | ||||||
14 | a single payment for that year based solely on the most recent | ||||||
15 | agreement. | ||||||
16 | (2.10) Following the annexation of territory detached from
| ||||||
17 | another school district whereby the enrollment of the annexing
| ||||||
18 | district increases 90% or more as a result of the annexation, a
| ||||||
19 | supplementary State aid reimbursement shall be paid to the
| ||||||
20 | annexing district equal to the sum of $4,000 for each certified
| ||||||
21 | employee who is employed by the annexing district on a
| ||||||
22 | full-time basis and shall be calculated in accordance with
| ||||||
23 | subsection (a) of this Section. To be eligible for
| ||||||
24 | supplementary State aid reimbursement under this Section, the
| ||||||
25 | intergovernmental agreement to be submitted pursuant to
| ||||||
26 | Section 7-14A of this Code must show that certified staff
|
| |||||||
| |||||||
1 | members were transferred from the control of the district
| ||||||
2 | losing territory to the control of the district gaining
| ||||||
3 | territory in the annexation. The changes to this Section made
| ||||||
4 | by Public Act 95-707
are
intended to be retroactive and | ||||||
5 | applicable to any annexation
taking effect on or after July 1, | ||||||
6 | 2004. For annexations that are eligible for payments under this | ||||||
7 | paragraph (2.10) and that are effective on or after July 1, | ||||||
8 | 2004, but before January 11, 2008 (the effective date of Public | ||||||
9 | Act 95-707), the first required yearly payment under this | ||||||
10 | paragraph (2.10) shall be paid in the second fiscal year after | ||||||
11 | January 11, 2008 (the effective date of Public Act 95-707). Any | ||||||
12 | subsequent required yearly payments shall be paid in subsequent | ||||||
13 | fiscal years until the payment obligation under this paragraph | ||||||
14 | (2.10) is complete.
| ||||||
15 | (2.15)
Following the deactivation of a school facility in | ||||||
16 | accordance with Section 10-22.22b of this Code, a supplementary | ||||||
17 | State aid reimbursement shall be paid for the lesser of 3 | ||||||
18 | school years or the length of the deactivation agreement, | ||||||
19 | including any renewals of the original deactivation agreement, | ||||||
20 | to each receiving school district equal to the sum of $4,000 | ||||||
21 | for each certified employee who is employed by that receiving | ||||||
22 | district on a full-time basis for the regular term of any such | ||||||
23 | school year who was originally transferred to the control of | ||||||
24 | that receiving district as a result of the deactivation. | ||||||
25 | Receiving districts are eligible for payments under this | ||||||
26 | paragraph (2.15)
based on the certified employees transferred |
| |||||||
| |||||||
1 | to that receiving district as a result of the deactivation and | ||||||
2 | are not required to receive at least 30% of the deactivating | ||||||
3 | district's average daily attendance as required under | ||||||
4 | paragraph (1) of this subsection (d) to be eligible for | ||||||
5 | payments. | ||||||
6 | (3) The supplementary State aid reimbursement payable | ||||||
7 | under this subsection (d) shall be separate from and in | ||||||
8 | addition to all other payments made to the district pursuant to | ||||||
9 | any other Section of this Article. | ||||||
10 | (4) During May of each school year for which a | ||||||
11 | supplementary State aid reimbursement is to be paid to a new, | ||||||
12 | annexing, or receiving school district or cooperative high | ||||||
13 | school pursuant to this subsection (d), the school board or | ||||||
14 | governing board shall certify to the State Board of Education, | ||||||
15 | on forms furnished to the school board or governing board by | ||||||
16 | the State Board of Education for purposes of this subsection | ||||||
17 | (d), the number of certified employees for which the district | ||||||
18 | or cooperative high school is entitled to reimbursement under | ||||||
19 | this Section, together with the names, certificate numbers, and | ||||||
20 | positions held by the certified employees. | ||||||
21 | (5) Upon certification by the State Board of Education to | ||||||
22 | the State Comptroller of the amount of the supplementary State | ||||||
23 | aid reimbursement to which a school district or cooperative | ||||||
24 | high school is entitled under this subsection (d), the State | ||||||
25 | Comptroller shall draw his or her warrant upon the State | ||||||
26 | Treasurer for the payment thereof to the school district or |
| |||||||
| |||||||
1 | cooperative high school and shall promptly transmit the payment | ||||||
2 | to the school district or cooperative high school through the | ||||||
3 | appropriate school treasurer.
| ||||||
4 | (Source: P.A. 95-331, eff. 8-21-07; 95-707, eff. 1-11-08; | ||||||
5 | 95-903, eff. 8-25-08; 96-328, eff. 8-11-09.)
| ||||||
6 | (105 ILCS 5/13A-8)
| ||||||
7 | Sec. 13A-8. Funding.
| ||||||
8 | (a) The State of Illinois shall provide funding for
the
| ||||||
9 | alternative school programs within each educational service | ||||||
10 | region and within
the Chicago public school system by line item | ||||||
11 | appropriation made to the State
Board of Education for that | ||||||
12 | purpose. This money, when appropriated, shall be
provided to | ||||||
13 | the regional superintendent and to the Chicago Board of | ||||||
14 | Education,
who shall establish a budget, including salaries, | ||||||
15 | for their
alternative school programs.
Each program shall | ||||||
16 | receive funding in the amount of $30,000 plus an amount
based | ||||||
17 | on the ratio of the region's or Chicago's best 3 months' | ||||||
18 | average daily
attendance in grades pre-kindergarten through 12 | ||||||
19 | to the statewide totals of
these amounts. For purposes of this | ||||||
20 | calculation, the best 3 months' average
daily attendance for | ||||||
21 | each region or Chicago shall be calculated by adding to
the | ||||||
22 | best 3 months' average
daily
attendance the number of | ||||||
23 | low-income students identified in the most
recently available | ||||||
24 | federal census multiplied by one-half times the percentage
of | ||||||
25 | the
region's or Chicago's low-income students
to the State's |
| |||||||
| |||||||
1 | total low-income students.
The State Board of Education shall | ||||||
2 | retain
up to 1.1% of the appropriation to be used to provide | ||||||
3 | technical assistance,
professional development, and | ||||||
4 | evaluations for the programs.
| ||||||
5 | (a-5) Notwithstanding any other provisions of this | ||||||
6 | Section, for the
1998-1999
fiscal year, the total amount | ||||||
7 | distributed
under subsection (a) for an alternative school | ||||||
8 | program shall be not less than
the total amount that was | ||||||
9 | distributed under that subsection for that
alternative school | ||||||
10 | program for the 1997-1998 fiscal year. If an alternative
school | ||||||
11 | program is to receive a total distribution under subsection (a) | ||||||
12 | for the
1998-1999 fiscal year that is less than the total
| ||||||
13 | distribution that the program received under that subsection | ||||||
14 | for the 1997-1998
fiscal year, that alternative school program | ||||||
15 | shall also receive, from a
separate appropriation made for | ||||||
16 | purposes of this subsection (a-5), a
supplementary
payment | ||||||
17 | equal to the amount by which its total distribution under
| ||||||
18 | subsection (a) for the 1997-1998 fiscal year exceeds the amount | ||||||
19 | of the total
distribution that the alternative school program | ||||||
20 | receives under that
subsection for the 1998-1999 fiscal year.
| ||||||
21 | If the amount appropriated
for supplementary payments to | ||||||
22 | alternative school programs under this subsection
(a-5)
is | ||||||
23 | insufficient for that purpose, those supplementary payments | ||||||
24 | shall be
prorated among the alternative school programs | ||||||
25 | entitled to receive those
supplementary payments according to | ||||||
26 | the aggregate amount of the appropriation
made for purposes of |
| |||||||
| |||||||
1 | this subsection (a-5).
| ||||||
2 | (b) An alternative school program shall be entitled to | ||||||
3 | receive general
State aid as calculated in subsection (K) of
| ||||||
4 | Section 18-8.05 or evidence-based funding as calculated in | ||||||
5 | subsection (g) of Section 18-8.15 upon filing a claim as
| ||||||
6 | provided therein. Any time that a student who is enrolled in an | ||||||
7 | alternative
school program spends in work-based learning, | ||||||
8 | community service, or a similar
alternative educational | ||||||
9 | setting shall be included in determining the student's
minimum | ||||||
10 | number of clock hours of daily school work that constitute a | ||||||
11 | day of
attendance for purposes of calculating general State aid | ||||||
12 | or evidence-based funding .
| ||||||
13 | (c) An alternative school program may receive additional | ||||||
14 | funding from its
school districts in such amount as may be | ||||||
15 | agreed upon by the parties and
necessary
to support the | ||||||
16 | program. In addition, an alternative school program is
| ||||||
17 | authorized to accept and expend gifts, legacies, and grants, | ||||||
18 | including but not
limited to federal grants, from any source | ||||||
19 | for purposes directly related to the
conduct and operation of | ||||||
20 | the program.
| ||||||
21 | (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96; | ||||||
22 | 89-636, eff. 8-9-96;
90-14, eff. 7-1-97; 90-283, eff. 7-31-97; | ||||||
23 | 90-802, eff. 12-15-98.)
| ||||||
24 | (105 ILCS 5/13B-20.20)
| ||||||
25 | Sec. 13B-20.20. Enrollment in other programs. High school |
| |||||||
| |||||||
1 | equivalency testing
preparation programs are not eligible for | ||||||
2 | funding under this Article. A
student
may enroll in a program | ||||||
3 | approved under Section 18-8.05 or 18-8.15 of this Code, as
| ||||||
4 | appropriate, or
attend both the alternative learning | ||||||
5 | opportunities program and the regular
school program to enhance | ||||||
6 | student performance and facilitate on-time
graduation.
| ||||||
7 | (Source: P.A. 98-718, eff. 1-1-15 .)
| ||||||
8 | (105 ILCS 5/13B-45)
| ||||||
9 | Sec. 13B-45. Days and hours of attendance. An alternative | ||||||
10 | learning
opportunities program
shall provide students with at | ||||||
11 | least the minimum number of days of pupil
attendance required | ||||||
12 | under Section 10-19 of this Code and the minimum number of
| ||||||
13 | daily hours of school work required under Section 18-8.05 or | ||||||
14 | 18-8.15 of this Code,
provided that the State Board may approve | ||||||
15 | exceptions to these
requirements if the program meets all of | ||||||
16 | the following conditions:
| ||||||
17 | (1) The district plan submitted under Section | ||||||
18 | 13B-25.15 of this Code
establishes that a program providing | ||||||
19 | the required minimum number of days of
attendance or daily | ||||||
20 | hours of school work would not serve the needs of the
| ||||||
21 | program's students.
| ||||||
22 | (2) Each day of attendance shall provide no fewer than | ||||||
23 | 3 clock hours of
school work, as defined under paragraph | ||||||
24 | (1) of subsection (F) of Section
18-8.05 of this Code.
| ||||||
25 | (3) Each day of attendance that provides fewer than 5 |
| |||||||
| |||||||
1 | clock hours of
school
work shall also provide supplementary | ||||||
2 | services, including without limitation
work-based | ||||||
3 | learning, student assistance programs, counseling, case | ||||||
4 | management,
health and fitness programs, or life-skills or | ||||||
5 | conflict resolution training,
in order to provide a total | ||||||
6 | daily program to the student of 5 clock hours. A
program | ||||||
7 | may claim general State aid or evidence-based funding for | ||||||
8 | up to 2 hours of the time each day that
a student is | ||||||
9 | receiving
supplementary services.
| ||||||
10 | (4) Each program shall provide no fewer than 174 days | ||||||
11 | of actual pupil
attendance during the school term; however, | ||||||
12 | approved evening programs that meet
the requirements of | ||||||
13 | Section 13B-45 of this Code may offer less than 174 days
of | ||||||
14 | actual pupil attendance during the school term.
| ||||||
15 | (Source: P.A. 92-42, eff. 1-1-02.)
| ||||||
16 | (105 ILCS 5/13B-50)
| ||||||
17 | Sec. 13B-50. Eligibility to receive general State aid or | ||||||
18 | evidence-based funding . In order to
receive general State aid | ||||||
19 | or evidence-based funding ,
alternative learning opportunities | ||||||
20 | programs must meet the requirements for
claiming general State
| ||||||
21 | aid as specified in Section 18-8.05 of this Code or | ||||||
22 | evidence-based funding as specified in Section 18-8.15 of this | ||||||
23 | Code, as applicable , with the exception of the
length of the | ||||||
24 | instructional
day, which may be less than 5 hours of school | ||||||
25 | work if the program meets the
criteria set forth under
Sections |
| |||||||
| |||||||
1 | 13B-50.5 and 13B-50.10 of this Code and if the program is | ||||||
2 | approved by
the State Board.
| ||||||
3 | (Source: P.A. 92-42, eff. 1-1-02.)
| ||||||
4 | (105 ILCS 5/13B-50.10)
| ||||||
5 | Sec. 13B-50.10. Additional criteria for general State aid | ||||||
6 | or evidence-based funding . In order to
claim general State aid | ||||||
7 | or evidence-based funding ,
an alternative learning | ||||||
8 | opportunities program must meet the following
criteria:
| ||||||
9 | (1) Teacher professional development plans should include | ||||||
10 | education in the
instruction
of at-risk students.
| ||||||
11 | (2) Facilities must meet the health, life, and safety | ||||||
12 | requirements in this
Code.
| ||||||
13 | (3) The program must comply with all other State and | ||||||
14 | federal laws
applicable to
education providers.
| ||||||
15 | (Source: P.A. 92-42, eff. 1-1-02.)
| ||||||
16 | (105 ILCS 5/13B-50.15)
| ||||||
17 | Sec. 13B-50.15. Level of funding. Approved alternative | ||||||
18 | learning
opportunities programs are
entitled to claim general | ||||||
19 | State aid or evidence-based funding , subject to Sections | ||||||
20 | 13B-50, 13B-50.5, and
13B-50.10 of this
Code. Approved programs | ||||||
21 | operated by regional offices of education are entitled
to | ||||||
22 | receive general
State aid at the foundation level of support. A | ||||||
23 | school district or consortium
must ensure that an
approved | ||||||
24 | program receives supplemental general State aid, |
| |||||||
| |||||||
1 | transportation
reimbursements, and
special education | ||||||
2 | resources, if appropriate, for students enrolled in the
| ||||||
3 | program.
| ||||||
4 | (Source: P.A. 92-42, eff. 1-1-02.)
| ||||||
5 | (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
| ||||||
6 | Sec. 14-7.02. Children attending private schools, public
| ||||||
7 | out-of-state schools, public school residential facilities or | ||||||
8 | private
special education facilities. The General Assembly | ||||||
9 | recognizes that non-public
schools or special education | ||||||
10 | facilities provide an important service in the
educational | ||||||
11 | system in Illinois.
| ||||||
12 | If because of his or her disability the special education
| ||||||
13 | program of a district is unable to meet the needs of a child | ||||||
14 | and the
child attends a non-public school or special education | ||||||
15 | facility, a
public out-of-state school or a special education | ||||||
16 | facility owned and
operated by a county government unit that | ||||||
17 | provides special educational
services required by the child and | ||||||
18 | is in compliance with the appropriate
rules and regulations of | ||||||
19 | the State Superintendent of Education, the
school district in | ||||||
20 | which the child is a resident shall pay the actual
cost of | ||||||
21 | tuition for special education and related services provided
| ||||||
22 | during the regular school term and during the summer school | ||||||
23 | term if the
child's educational needs so require, excluding | ||||||
24 | room, board and
transportation costs charged the child by that | ||||||
25 | non-public school or
special education facility, public |
| |||||||
| |||||||
1 | out-of-state school or county special
education facility, or | ||||||
2 | $4,500 per year, whichever is less, and shall
provide him any | ||||||
3 | necessary transportation. "Nonpublic special
education | ||||||
4 | facility" shall include a residential facility,
within or | ||||||
5 | without the State of Illinois, which provides
special education | ||||||
6 | and related services to meet the needs of the child by
| ||||||
7 | utilizing private schools or public schools, whether located on | ||||||
8 | the site
or off the site of the residential facility.
| ||||||
9 | The State Board of Education shall promulgate rules and | ||||||
10 | regulations
for determining when placement in a private special | ||||||
11 | education facility
is appropriate. Such rules and regulations | ||||||
12 | shall take into account
the various types of services needed by | ||||||
13 | a child and the availability
of such services to the particular | ||||||
14 | child in the public school.
In developing these rules and | ||||||
15 | regulations the State Board of
Education shall consult with the | ||||||
16 | Advisory Council on
Education of Children with Disabilities and | ||||||
17 | hold public
hearings to secure recommendations from parents, | ||||||
18 | school personnel,
and others concerned about this matter.
| ||||||
19 | The State Board of Education shall also promulgate rules | ||||||
20 | and
regulations for transportation to and from a residential | ||||||
21 | school.
Transportation to and from home to a residential school | ||||||
22 | more than once
each school term shall be subject to prior | ||||||
23 | approval by the State
Superintendent in accordance with the | ||||||
24 | rules and regulations of the State
Board.
| ||||||
25 | A school district making tuition payments pursuant to this
| ||||||
26 | Section is eligible for reimbursement from the State for the |
| |||||||
| |||||||
1 | amount of
such payments actually made in excess of the district | ||||||
2 | per capita tuition
charge for students not receiving special | ||||||
3 | education services.
Such reimbursement shall be approved in | ||||||
4 | accordance with Section 14-12.01
and each district shall file | ||||||
5 | its claims, computed in accordance with rules
prescribed by the | ||||||
6 | State Board of Education, on forms prescribed by the
State | ||||||
7 | Superintendent of Education. Data used as a basis of | ||||||
8 | reimbursement
claims shall be for the preceding regular school | ||||||
9 | term and summer school
term. Each school district shall | ||||||
10 | transmit its claims to the State Board of Education
on or | ||||||
11 | before
August 15. The State Board of Education, before | ||||||
12 | approving any such claims,
shall determine their accuracy and | ||||||
13 | whether they are based upon services
and facilities provided | ||||||
14 | under approved programs. Upon approval the State
Board shall | ||||||
15 | cause vouchers to be prepared showing the amount due
for | ||||||
16 | payment of reimbursement claims to school
districts, for | ||||||
17 | transmittal to the State Comptroller on
the 30th day of | ||||||
18 | September, December, and March, respectively, and the final
| ||||||
19 | voucher, no later than June 20. If the
money appropriated by | ||||||
20 | the General Assembly for such purpose for any year
is | ||||||
21 | insufficient, it shall be apportioned on the basis of the | ||||||
22 | claims approved.
| ||||||
23 | No child shall be placed in a special education program | ||||||
24 | pursuant to
this Section if the tuition cost for special | ||||||
25 | education and related
services increases more than 10 percent | ||||||
26 | over the tuition cost for the
previous school year or exceeds |
| |||||||
| |||||||
1 | $4,500 per year unless such costs have
been approved by the | ||||||
2 | Illinois Purchased Care Review Board. The
Illinois Purchased | ||||||
3 | Care Review Board shall consist of the following
persons, or | ||||||
4 | their designees: the Directors of Children and Family
Services, | ||||||
5 | Public Health,
Public Aid, and the
Governor's Office of | ||||||
6 | Management and Budget; the
Secretary of Human Services; the | ||||||
7 | State Superintendent of Education; and such
other persons as | ||||||
8 | the
Governor may designate. The Review Board shall also consist | ||||||
9 | of one non-voting member who is an administrator of a
private, | ||||||
10 | nonpublic, special education school. The Review Board shall | ||||||
11 | establish rules and
regulations for its determination of | ||||||
12 | allowable costs and payments made by
local school districts for | ||||||
13 | special education, room and board, and other related
services | ||||||
14 | provided by non-public schools or special education facilities | ||||||
15 | and
shall establish uniform standards and criteria which it | ||||||
16 | shall follow. The Review Board shall approve the usual and | ||||||
17 | customary rate or rates of a special education program that (i) | ||||||
18 | is offered by an out-of-state, non-public provider of | ||||||
19 | integrated autism specific educational and autism specific | ||||||
20 | residential services, (ii) offers 2 or more levels of | ||||||
21 | residential care, including at least one locked facility, and | ||||||
22 | (iii) serves 12 or fewer Illinois students.
| ||||||
23 | The Review Board shall establish uniform definitions and | ||||||
24 | criteria for
accounting separately by special education, room | ||||||
25 | and board and other
related services costs. The Board shall | ||||||
26 | also establish guidelines for
the coordination of services and |
| |||||||
| |||||||
1 | financial assistance provided by all
State agencies to assure | ||||||
2 | that no otherwise qualified child with a disability
receiving | ||||||
3 | services under Article 14 shall be excluded from participation
| ||||||
4 | in, be denied the benefits of or be subjected to discrimination | ||||||
5 | under
any program or activity provided by any State agency.
| ||||||
6 | The Review Board shall review the costs for special | ||||||
7 | education and
related services provided by non-public schools | ||||||
8 | or special education
facilities and shall approve or disapprove | ||||||
9 | such facilities in accordance
with the rules and regulations | ||||||
10 | established by it with respect to
allowable costs.
| ||||||
11 | The State Board of Education shall provide administrative | ||||||
12 | and staff support
for the Review Board as deemed reasonable by | ||||||
13 | the State Superintendent of
Education. This support shall not | ||||||
14 | include travel expenses or other
compensation for any Review | ||||||
15 | Board member other than the State Superintendent of
Education.
| ||||||
16 | The Review Board shall seek the advice of the Advisory | ||||||
17 | Council on
Education of Children with Disabilities on the rules | ||||||
18 | and
regulations to be
promulgated by it relative to providing | ||||||
19 | special education services.
| ||||||
20 | If a child has been placed in a program in which the actual | ||||||
21 | per pupil costs
of tuition for special education and related | ||||||
22 | services based on program
enrollment, excluding room, board and | ||||||
23 | transportation costs, exceed $4,500 and
such costs have been | ||||||
24 | approved by the Review Board, the district shall pay such
total | ||||||
25 | costs which exceed $4,500. A district making such tuition | ||||||
26 | payments in
excess of $4,500 pursuant to this Section shall be |
| |||||||
| |||||||
1 | responsible for an amount in
excess of $4,500 equal to the | ||||||
2 | district per capita
tuition charge and shall be eligible for | ||||||
3 | reimbursement from the State for
the amount of such payments | ||||||
4 | actually made in excess of the districts per capita
tuition | ||||||
5 | charge for students not receiving special education services.
| ||||||
6 | If a child has been placed in an approved individual | ||||||
7 | program and the
tuition costs including room and board costs | ||||||
8 | have been approved by the
Review Board, then such room and | ||||||
9 | board costs shall be paid by the
appropriate State agency | ||||||
10 | subject to the provisions of Section 14-8.01 of
this Act. Room | ||||||
11 | and board costs not provided by a State agency other
than the | ||||||
12 | State Board of Education shall be provided by the State Board
| ||||||
13 | of Education on a current basis. In no event, however, shall | ||||||
14 | the
State's liability for funding of these tuition costs begin | ||||||
15 | until after
the legal obligations of third party payors have | ||||||
16 | been subtracted from
such costs. If the money appropriated by | ||||||
17 | the General Assembly for such
purpose for any year is | ||||||
18 | insufficient, it shall be apportioned on the
basis of the | ||||||
19 | claims approved. Each district shall submit estimated claims to | ||||||
20 | the State
Superintendent of Education. Upon approval of such | ||||||
21 | claims, the State
Superintendent of Education shall direct the | ||||||
22 | State Comptroller to make payments
on a monthly basis. The | ||||||
23 | frequency for submitting estimated
claims and the method of | ||||||
24 | determining payment shall be prescribed in rules
and | ||||||
25 | regulations adopted by the State Board of Education. Such | ||||||
26 | current state
reimbursement shall be reduced by an amount equal |
| |||||||
| |||||||
1 | to the proceeds which
the child or child's parents are eligible | ||||||
2 | to receive under any public or
private insurance or assistance | ||||||
3 | program. Nothing in this Section shall
be construed as | ||||||
4 | relieving an insurer or similar third party from an
otherwise | ||||||
5 | valid obligation to provide or to pay for services provided to
| ||||||
6 | a child with a disability.
| ||||||
7 | If it otherwise qualifies, a school district is eligible | ||||||
8 | for the
transportation reimbursement under Section 14-13.01 | ||||||
9 | and for the
reimbursement of tuition payments under this | ||||||
10 | Section whether the
non-public school or special education | ||||||
11 | facility, public out-of-state
school or county special | ||||||
12 | education facility, attended by a child who
resides in that | ||||||
13 | district and requires special educational services, is
within | ||||||
14 | or outside of the State of Illinois. However, a district is not
| ||||||
15 | eligible to claim transportation reimbursement under this | ||||||
16 | Section unless
the district certifies to the State | ||||||
17 | Superintendent of Education that the
district is unable to | ||||||
18 | provide special educational services required by
the child for | ||||||
19 | the current school year.
| ||||||
20 | Nothing in this Section authorizes the reimbursement of a | ||||||
21 | school
district for the amount paid for tuition of a child | ||||||
22 | attending a
non-public school or special education facility, | ||||||
23 | public out-of-state
school or county special education | ||||||
24 | facility unless the school district
certifies to the State | ||||||
25 | Superintendent of Education that the special
education program | ||||||
26 | of that district is unable to meet the needs of that child
|
| |||||||
| |||||||
1 | because of his disability and the State Superintendent of | ||||||
2 | Education finds
that the school district is in substantial | ||||||
3 | compliance with Section 14-4.01. However, if a child is | ||||||
4 | unilaterally placed by a State agency or any court in a | ||||||
5 | non-public school or special education facility, public | ||||||
6 | out-of-state school, or county special education facility, a | ||||||
7 | school district shall not be required to certify to the State | ||||||
8 | Superintendent of Education, for the purpose of tuition | ||||||
9 | reimbursement, that the special education program of that | ||||||
10 | district is unable to meet the needs of a child because of his | ||||||
11 | or her disability.
| ||||||
12 | Any educational or related services provided, pursuant to | ||||||
13 | this
Section in a non-public school or special education | ||||||
14 | facility or a
special education facility owned and operated by | ||||||
15 | a county government
unit shall be at no cost to the parent or | ||||||
16 | guardian of the child.
However, current law and practices | ||||||
17 | relative to contributions by parents
or guardians for costs | ||||||
18 | other than educational or related services are
not affected by | ||||||
19 | this amendatory Act of 1978.
| ||||||
20 | Reimbursement for children attending public school | ||||||
21 | residential facilities
shall be made in accordance with the | ||||||
22 | provisions of this Section.
| ||||||
23 | Notwithstanding any other provision of law, any school | ||||||
24 | district
receiving a payment under this Section or under | ||||||
25 | Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify | ||||||
26 | all or a portion of the funds that
it receives in a particular |
| |||||||
| |||||||
1 | fiscal year or from general State aid pursuant
to Section | ||||||
2 | 18-8.05 of this Code
as funds received in connection with any | ||||||
3 | funding program for which
it is entitled to receive funds from | ||||||
4 | the State in that fiscal year (including,
without limitation, | ||||||
5 | any funding program referenced in this Section),
regardless of | ||||||
6 | the source or timing of the receipt. The district may not
| ||||||
7 | classify more funds as funds received in connection with the | ||||||
8 | funding
program than the district is entitled to receive in | ||||||
9 | that fiscal year for that
program. Any
classification by a | ||||||
10 | district must be made by a resolution of its board of
| ||||||
11 | education. The resolution must identify the amount of any | ||||||
12 | payments or
general State aid to be classified under this | ||||||
13 | paragraph and must specify
the funding program to which the | ||||||
14 | funds are to be treated as received in
connection therewith. | ||||||
15 | This resolution is controlling as to the
classification of | ||||||
16 | funds referenced therein. A certified copy of the
resolution | ||||||
17 | must be sent to the State Superintendent of Education.
The | ||||||
18 | resolution shall still take effect even though a copy of the | ||||||
19 | resolution has
not been sent to the State
Superintendent of | ||||||
20 | Education in a timely manner.
No
classification under this | ||||||
21 | paragraph by a district shall affect the total amount
or timing | ||||||
22 | of money the district is entitled to receive under this Code.
| ||||||
23 | No classification under this paragraph by a district shall
in | ||||||
24 | any way relieve the district from or affect any
requirements | ||||||
25 | that otherwise would apply with respect to
that funding | ||||||
26 | program, including any
accounting of funds by source, reporting |
| |||||||
| |||||||
1 | expenditures by
original source and purpose,
reporting | ||||||
2 | requirements,
or requirements of providing services.
| ||||||
3 | Notwithstanding anything to the contrary contained in this | ||||||
4 | Section, the State Board of Education shall award to a school | ||||||
5 | district having a population exceeding 500,000 inhabitants | ||||||
6 | 48.4% of the funds appropriated by the General Assembly for any | ||||||
7 | fiscal year for purposes of payments to school districts under | ||||||
8 | this Section. | ||||||
9 | (Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15; 99-78, | ||||||
10 | eff. 7-20-15; 99-143, eff. 7-27-15.)
| ||||||
11 | (105 ILCS 5/14-7.02b)
| ||||||
12 | Sec. 14-7.02b. Funding for children requiring special | ||||||
13 | education services.
Payments to school districts for children | ||||||
14 | requiring
special education services documented in their | ||||||
15 | individualized education
program regardless of the program | ||||||
16 | from which these services are received,
excluding children | ||||||
17 | claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall
| ||||||
18 | be made in accordance with this Section. Funds received under | ||||||
19 | this Section
may be used only for the provision of special | ||||||
20 | educational facilities and
services as defined in Section | ||||||
21 | 14-1.08 of this Code.
| ||||||
22 | The appropriation for fiscal year 2005 through fiscal year | ||||||
23 | 2017 and thereafter shall be based upon
the IDEA child count of | ||||||
24 | all students in the State, excluding students
claimed under | ||||||
25 | Sections 14-7.02 and 14-7.03 of this Code, on December 1 of the
|
| |||||||
| |||||||
1 | fiscal year 2
years
preceding, multiplied by 17.5% of the | ||||||
2 | general State aid
foundation level of support established for | ||||||
3 | that fiscal year under Section
18-8.05 of
this Code.
| ||||||
4 | Beginning with fiscal year 2005 and through fiscal year | ||||||
5 | 2007, individual school districts
shall not receive payments | ||||||
6 | under this Section totaling less than they received
under the
| ||||||
7 | funding authorized under Section 14-7.02a of this Code
during | ||||||
8 | fiscal year 2004, pursuant to the provisions of Section | ||||||
9 | 14-7.02a as they
were in effect before the effective date of | ||||||
10 | this amendatory Act of the 93rd
General Assembly. This base | ||||||
11 | level funding shall be computed first.
| ||||||
12 | Beginning with fiscal year 2008 through fiscal year 2017 | ||||||
13 | and each fiscal year thereafter , individual school districts | ||||||
14 | must not receive payments under this Section totaling less than | ||||||
15 | they received in fiscal year 2007. This funding shall be | ||||||
16 | computed last and shall be a separate calculation from any | ||||||
17 | other calculation set forth in this Section. This amount is | ||||||
18 | exempt from the requirements of Section 1D-1 of this Code.
| ||||||
19 | Through fiscal year 2017, an An amount equal to 85% of the | ||||||
20 | funds remaining in the appropriation shall be allocated to | ||||||
21 | school districts based upon the
district's average daily | ||||||
22 | attendance reported for purposes of Section
18-8.05 of this | ||||||
23 | Code for the preceding school year. Fifteen percent of the
| ||||||
24 | funds
remaining in the appropriation
shall be allocated to | ||||||
25 | school districts based upon the district's low income
eligible | ||||||
26 | pupil count used in the calculation of general State aid under |
| |||||||
| |||||||
1 | Section
18-8.05 of this Code for the same fiscal year. One | ||||||
2 | hundred percent of the
funds
computed and allocated to | ||||||
3 | districts under this Section shall be distributed and
paid to | ||||||
4 | school districts.
| ||||||
5 | For individual
students with disabilities whose program | ||||||
6 | costs exceed 4 times the
district's per capita tuition rate
as | ||||||
7 | calculated under Section 10-20.12a of this Code, the costs in | ||||||
8 | excess
of 4 times the district's per capita tuition rate shall | ||||||
9 | be paid by the State
Board of Education from unexpended IDEA | ||||||
10 | discretionary funds originally
designated for room and board | ||||||
11 | reimbursement pursuant to Section
14-8.01 of this Code. The | ||||||
12 | amount of tuition for these children shall be
determined by the | ||||||
13 | actual cost of maintaining classes for these children,
using | ||||||
14 | the per
capita cost formula set forth in Section 14-7.01 of | ||||||
15 | this Code, with the
program and cost being pre-approved by the | ||||||
16 | State Superintendent of
Education. Reimbursement for | ||||||
17 | individual students with disabilities whose program costs | ||||||
18 | exceed 4 times the district's per capita tuition rate shall be | ||||||
19 | claimed beginning with costs encumbered for the 2004-2005 | ||||||
20 | school year and thereafter.
| ||||||
21 | The State Board of Education shall prepare vouchers equal | ||||||
22 | to one-fourth the
amount allocated to districts, for | ||||||
23 | transmittal
to the State Comptroller on the 30th day of | ||||||
24 | September, December, and March,
respectively, and the final | ||||||
25 | voucher, no later than June 20. The Comptroller
shall make | ||||||
26 | payments pursuant to this Section to school districts as soon |
| |||||||
| |||||||
1 | as possible after receipt of vouchers. If the money
| ||||||
2 | appropriated from the General Assembly for such purposes for | ||||||
3 | any year is
insufficient, it shall be apportioned on the basis | ||||||
4 | of the payments due to
school districts.
| ||||||
5 | Nothing in this Section shall be construed to decrease or | ||||||
6 | increase the
percentage of all special education funds that are | ||||||
7 | allocated annually
under Article 1D of this Code
or to alter | ||||||
8 | the requirement that a
school district provide special | ||||||
9 | education services.
| ||||||
10 | Nothing in this amendatory Act of the 93rd General Assembly | ||||||
11 | shall
eliminate any reimbursement obligation owed as of the | ||||||
12 | effective date of this
amendatory Act of the 93rd General | ||||||
13 | Assembly to a school district with in excess
of 500,000 | ||||||
14 | inhabitants.
| ||||||
15 | Except for reimbursement for individual students with | ||||||
16 | disabilities whose program costs exceed 4 times the district's | ||||||
17 | per capita tuition rate, no funding shall be provided to school | ||||||
18 | districts under this Section after fiscal year 2017. | ||||||
19 | (Source: P.A. 93-1022, eff. 8-24-08; 95-705, eff. 1-8-08.) | ||||||
20 | (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
| ||||||
21 | Sec. 14-7.03. Special Education Classes for Children from | ||||||
22 | Orphanages,
Foster Family Homes, Children's Homes, or in State | ||||||
23 | Housing Units. If a
school district maintains special education | ||||||
24 | classes on the site of
orphanages and children's homes, or if | ||||||
25 | children from the orphanages,
children's homes, foster family |
| |||||||
| |||||||
1 | homes, other State agencies, or State
residential units for | ||||||
2 | children attend classes for children with disabilities
in which | ||||||
3 | the school district is a participating member of a joint
| ||||||
4 | agreement, or if the children from the orphanages, children's | ||||||
5 | homes,
foster family homes, other State agencies, or State | ||||||
6 | residential units
attend classes for the children with | ||||||
7 | disabilities maintained by the school
district, then | ||||||
8 | reimbursement shall be paid to eligible districts in
accordance | ||||||
9 | with the provisions of this Section by the Comptroller as | ||||||
10 | directed
by the State Superintendent of Education.
| ||||||
11 | The amount of tuition for such children shall be determined | ||||||
12 | by the
actual cost of maintaining such classes, using the per | ||||||
13 | capita cost formula
set forth in Section 14-7.01, such program | ||||||
14 | and cost to be pre-approved by
the State Superintendent of | ||||||
15 | Education.
| ||||||
16 | If a school district makes a claim for reimbursement under | ||||||
17 | Section
18-3 or 18-4 of this Act it shall not include in any | ||||||
18 | claim filed under
this Section a claim for such children. | ||||||
19 | Payments authorized by law,
including State or federal grants | ||||||
20 | for education of children included in
this Section, shall be | ||||||
21 | deducted in determining the tuition amount.
| ||||||
22 | Nothing in this Act shall be construed so as to prohibit
| ||||||
23 | reimbursement for the tuition of children placed in for profit | ||||||
24 | facilities.
Private facilities shall provide adequate space at | ||||||
25 | the
facility for special education classes provided by a school | ||||||
26 | district or
joint agreement for children with disabilities who |
| |||||||
| |||||||
1 | are
residents of the
facility at no cost to the school district | ||||||
2 | or joint agreement upon
request of the school district or joint | ||||||
3 | agreement. If such a private
facility provides space at no cost | ||||||
4 | to the district or joint agreement
for special education | ||||||
5 | classes provided to children with
disabilities who are
| ||||||
6 | residents of the facility, the district or joint agreement | ||||||
7 | shall not
include any costs for the use of those facilities in | ||||||
8 | its claim for
reimbursement.
| ||||||
9 | Reimbursement for tuition may include the cost of providing | ||||||
10 | summer
school programs for children with severe and profound | ||||||
11 | disabilities served
under this Section. Claims for that | ||||||
12 | reimbursement shall be filed by
November 1 and shall be paid on | ||||||
13 | or before December 15 from
appropriations made for the purposes | ||||||
14 | of this Section.
| ||||||
15 | The State Board of Education shall establish such rules and
| ||||||
16 | regulations as may be necessary to implement the provisions of | ||||||
17 | this
Section.
| ||||||
18 | Claims filed on behalf of programs operated under this | ||||||
19 | Section housed in a
jail, detention center, or county-owned | ||||||
20 | shelter care facility
shall be on an individual student basis | ||||||
21 | only for
eligible students with disabilities. These claims | ||||||
22 | shall be in accordance with
applicable rules.
| ||||||
23 | Each district claiming reimbursement for a program | ||||||
24 | operated as a group
program shall have an approved budget on | ||||||
25 | file with the State Board of
Education prior to the initiation | ||||||
26 | of the program's operation. On September
30, December 31, and |
| |||||||
| |||||||
1 | March 31, the State Board of Education shall voucher
payments | ||||||
2 | to group programs based upon the approved budget during the | ||||||
3 | year
of operation. Final claims for group payments shall be | ||||||
4 | filed on or before
July 15. Final claims for group programs | ||||||
5 | received at the State
Board of
Education on or before June 15 | ||||||
6 | shall be vouchered by June 30. Final claims
received at the | ||||||
7 | State Board of Education between June 16 and July 15
shall be | ||||||
8 | vouchered by August 30. Claims for group programs
received
| ||||||
9 | after July 15 shall not be honored.
| ||||||
10 | Each district claiming reimbursement for individual | ||||||
11 | students shall have the
eligibility of those students verified | ||||||
12 | by the State Board of Education. On
September 30, December 31, | ||||||
13 | and March 31, the State Board of Education shall
voucher | ||||||
14 | payments for individual students based upon an estimated cost
| ||||||
15 | calculated from the prior year's claim. Final claims for | ||||||
16 | individual students
for the regular school term must be | ||||||
17 | received at the State Board of Education by
July 15. Claims for | ||||||
18 | individual students received after July 15 shall not
be | ||||||
19 | honored. Final claims for individual students shall be | ||||||
20 | vouchered by
August 30.
| ||||||
21 | Reimbursement shall be made based upon approved group | ||||||
22 | programs or
individual students. The State Superintendent of | ||||||
23 | Education shall direct the
Comptroller to pay a specified | ||||||
24 | amount to the district by the 30th day of
September, December, | ||||||
25 | March, June, or August, respectively. However,
notwithstanding | ||||||
26 | any other provisions of this Section or the School Code,
|
| |||||||
| |||||||
1 | beginning with fiscal year 1994 and each fiscal year | ||||||
2 | thereafter, if the amount appropriated for any fiscal year
is | ||||||
3 | less than the amount required for purposes of this Section, the | ||||||
4 | amount
required to eliminate any insufficient reimbursement | ||||||
5 | for each district claim
under this Section shall be reimbursed | ||||||
6 | on August 30 of the next fiscal
year. Payments required to | ||||||
7 | eliminate any insufficiency for prior
fiscal year claims shall | ||||||
8 | be made before any claims are paid for the current
fiscal year.
| ||||||
9 | The claim of a school district otherwise eligible to be | ||||||
10 | reimbursed in
accordance with Section 14-12.01 for the 1976-77 | ||||||
11 | school year but for
this amendatory Act of 1977 shall not be | ||||||
12 | paid unless the district ceases
to maintain such classes for | ||||||
13 | one entire school year.
| ||||||
14 | If a school district's current reimbursement payment for | ||||||
15 | the 1977-78
school year only is less than the prior year's | ||||||
16 | reimbursement payment
owed, the district shall be paid the | ||||||
17 | amount of the difference between
the payments in addition to | ||||||
18 | the current reimbursement payment, and the
amount so paid shall | ||||||
19 | be subtracted from the amount of prior year's
reimbursement | ||||||
20 | payment owed to the district.
| ||||||
21 | Regional superintendents may operate special education | ||||||
22 | classes for
children from orphanages, foster family homes, | ||||||
23 | children's homes or State
housing units located within the | ||||||
24 | educational services region upon consent
of the school board | ||||||
25 | otherwise so obligated. In electing to assume the
powers and | ||||||
26 | duties of a school district in providing and maintaining such a
|
| |||||||
| |||||||
1 | special education program, the regional superintendent may | ||||||
2 | enter into joint
agreements with other districts and may | ||||||
3 | contract with public or private
schools or the orphanage, | ||||||
4 | foster family home, children's home or State
housing unit for | ||||||
5 | provision of the special education program. The regional
| ||||||
6 | superintendent exercising the powers granted under this | ||||||
7 | Section shall claim
the reimbursement authorized by this | ||||||
8 | Section directly from the State Board
of Education.
| ||||||
9 | Any child who is not a resident of Illinois who is placed | ||||||
10 | in a child
welfare institution, private facility, foster family | ||||||
11 | home, State operated
program, orphanage or children's home | ||||||
12 | shall have the payment for his
educational tuition and any | ||||||
13 | related services assured by the placing agent.
| ||||||
14 | For each student with a disability who is placed in a | ||||||
15 | residential facility by an Illinois public
agency or by any | ||||||
16 | court in this State, the costs for educating the student
are | ||||||
17 | eligible for reimbursement under this Section.
| ||||||
18 | The district of residence of the student with a disability | ||||||
19 | as
defined in Section 14-1.11a is responsible for the actual | ||||||
20 | costs of
the student's special education program and is | ||||||
21 | eligible for reimbursement under
this Section when placement is | ||||||
22 | made by a State agency or the courts.
| ||||||
23 | When a dispute arises over the determination of the | ||||||
24 | district of
residence under this Section, the district or | ||||||
25 | districts may appeal the decision in writing to
the State | ||||||
26 | Superintendent of Education, who, upon review of materials |
| |||||||
| |||||||
1 | submitted and any other items or information he or she may | ||||||
2 | request for submission, shall issue a written decision on the | ||||||
3 | matter. The decision of the State
Superintendent of Education | ||||||
4 | shall be final.
| ||||||
5 | In the event a district does not make a tuition
payment to | ||||||
6 | another district that is providing the special education
| ||||||
7 | program and services, the State Board of Education shall | ||||||
8 | immediately
withhold 125% of
the then remaining annual tuition | ||||||
9 | cost from the State aid or categorical
aid payment due to the
| ||||||
10 | school district that is determined to be the resident school | ||||||
11 | district. All
funds withheld by the State Board of Education | ||||||
12 | shall immediately be
forwarded to the
school district where the | ||||||
13 | student is being served.
| ||||||
14 | When a child eligible for services under this Section | ||||||
15 | 14-7.03 must be
placed in a nonpublic facility, that facility | ||||||
16 | shall meet the programmatic
requirements of Section 14-7.02 and | ||||||
17 | its regulations, and the educational
services shall be funded | ||||||
18 | only in accordance with this Section 14-7.03.
| ||||||
19 | Notwithstanding anything to the contrary contained in this | ||||||
20 | Section, the State Board of Education shall award to a school | ||||||
21 | district having a population exceeding 500,000 inhabitants | ||||||
22 | 35.8% of the funds appropriated by the General Assembly for any | ||||||
23 | fiscal year for purposes of payment of claims of special | ||||||
24 | education orphanage tuition under this Section.
| ||||||
25 | (Source: P.A. 98-739, eff. 7-16-14; 99-143, eff. 7-27-15.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
| ||||||
2 | Sec. 14-13.01. Reimbursement payable by State; amounts for | ||||||
3 | personnel and transportation. | ||||||
4 | (a) Through fiscal year 2017, for For staff working on | ||||||
5 | behalf of children who have not been identified as eligible for | ||||||
6 | special
education and for eligible children with physical
| ||||||
7 | disabilities, including all
eligible children whose placement | ||||||
8 | has been determined under Section 14-8.02 in
hospital or home | ||||||
9 | instruction, 1/2 of the teacher's salary but not more than
| ||||||
10 | $1,000 annually per child or $9,000 per teacher, whichever is | ||||||
11 | less. | ||||||
12 | (a-5) A child qualifies for home or hospital instruction if | ||||||
13 | it is anticipated that, due to a medical condition, the child | ||||||
14 | will be unable to attend school, and instead must be instructed | ||||||
15 | at home or in the hospital, for a period of 2 or more | ||||||
16 | consecutive weeks or on an ongoing intermittent basis. For | ||||||
17 | purposes of this Section, "ongoing intermittent basis" means | ||||||
18 | that the child's medical condition is of such a nature or | ||||||
19 | severity that it is anticipated that the child will be absent | ||||||
20 | from school due to the medical condition for periods of at | ||||||
21 | least 2 days at a time multiple times during the school year | ||||||
22 | totaling at least 10 days or more of absences. There shall be | ||||||
23 | no requirement that a child be absent from school a minimum | ||||||
24 | number of days before the child qualifies for home or hospital | ||||||
25 | instruction. In order to establish eligibility for home or | ||||||
26 | hospital services, a student's parent or guardian must submit |
| |||||||
| |||||||
1 | to the child's school district of residence a written statement | ||||||
2 | from a physician licensed to practice medicine in all of its | ||||||
3 | branches stating the existence of such medical condition, the | ||||||
4 | impact on the child's ability to participate in education, and | ||||||
5 | the anticipated duration or nature of the child's absence from | ||||||
6 | school. Home or hospital instruction may commence upon receipt | ||||||
7 | of a written physician's statement in accordance with this | ||||||
8 | Section, but instruction shall commence not later than 5 school | ||||||
9 | days after the school district receives the physician's | ||||||
10 | statement. Special education and related services required by | ||||||
11 | the child's IEP or services and accommodations required by the | ||||||
12 | child's federal Section 504 plan must be implemented as part of | ||||||
13 | the child's home or hospital instruction, unless the IEP team | ||||||
14 | or federal Section 504 plan team determines that modifications | ||||||
15 | are necessary during the home or hospital instruction due to | ||||||
16 | the child's condition. | ||||||
17 | (a-10) Through fiscal year 2017, eligible Eligible | ||||||
18 | children
to be included in any reimbursement under this | ||||||
19 | paragraph must regularly
receive a minimum of one hour of | ||||||
20 | instruction each school day, or in lieu
thereof of a minimum of | ||||||
21 | 5 hours of instruction in each school week in
order to qualify | ||||||
22 | for full reimbursement under this Section. If the
attending | ||||||
23 | physician for such a child has certified that the child should
| ||||||
24 | not receive as many as 5 hours of instruction in a school week, | ||||||
25 | however,
reimbursement under this paragraph on account of that | ||||||
26 | child shall be
computed proportionate to the actual hours of |
| |||||||
| |||||||
1 | instruction per week for
that child divided by 5. | ||||||
2 | (a-15) The State Board of Education shall establish rules | ||||||
3 | governing the required qualifications of staff providing home | ||||||
4 | or hospital instruction.
| ||||||
5 | (b) For children described in Section 14-1.02, 80% of the | ||||||
6 | cost of
transportation approved as a related service in the | ||||||
7 | Individualized Education Program for each student
in order to | ||||||
8 | take advantage of special educational facilities.
| ||||||
9 | Transportation costs shall be determined in the same fashion as | ||||||
10 | provided
in Section 29-5 of this Code, provided that, | ||||||
11 | notwithstanding anything to the contrary contained in this | ||||||
12 | subsection (b) or Section 29-5 of this Code, the State Board of | ||||||
13 | Education shall award to a school district having a population | ||||||
14 | exceeding 500,000 inhabitants 30.7% of the funds appropriated | ||||||
15 | by the General Assembly for any fiscal year for purposes of | ||||||
16 | payment of transportation cost claims under this subsection | ||||||
17 | (b) . For purposes of this subsection (b), the dates for
| ||||||
18 | processing claims specified in Section 29-5 shall apply.
| ||||||
19 | (c) Through fiscal year 2017, for For each qualified | ||||||
20 | worker, the annual sum of
$9,000.
| ||||||
21 | (d) Through fiscal year 2017, for For one full time | ||||||
22 | qualified director of the special education
program of each | ||||||
23 | school district which maintains a fully approved program
of | ||||||
24 | special education the annual sum of $9,000. Districts | ||||||
25 | participating in a joint agreement special
education program | ||||||
26 | shall not receive such reimbursement if reimbursement is made
|
| |||||||
| |||||||
1 | for a director of the joint agreement program.
| ||||||
2 | (e) (Blank).
| ||||||
3 | (f) (Blank).
| ||||||
4 | (g) Through fiscal year 2017, for For readers, working with | ||||||
5 | blind or partially seeing children 1/2
of their salary but not | ||||||
6 | more than $400 annually per child. Readers may
be employed to | ||||||
7 | assist such children and shall not be required to be
certified | ||||||
8 | but prior to employment shall meet standards set up by the
| ||||||
9 | State Board of Education.
| ||||||
10 | (h) Through fiscal year 2017, for For non-certified | ||||||
11 | employees, as defined by rules promulgated by the State Board | ||||||
12 | of Education, who deliver services to students with IEPs, 1/2 | ||||||
13 | of the salary paid or
$3,500 per employee, whichever is less.
| ||||||
14 | (i) The State Board of Education shall set standards and | ||||||
15 | prescribe rules
for determining the allocation of | ||||||
16 | reimbursement under this section on
less than a full time basis | ||||||
17 | and for less than a school year.
| ||||||
18 | When any school district eligible for reimbursement under | ||||||
19 | this
Section operates a school or program approved by the State
| ||||||
20 | Superintendent of Education for a number of days in excess of | ||||||
21 | the
adopted school calendar but not to exceed 235 school days, | ||||||
22 | such
reimbursement shall be increased by 1/180 of the amount or | ||||||
23 | rate paid
hereunder for each day such school is operated in | ||||||
24 | excess of 180 days per
calendar year.
| ||||||
25 | Notwithstanding any other provision of law, any school | ||||||
26 | district receiving
a payment under this Section or under |
| |||||||
| |||||||
1 | Section 14-7.02, 14-7.02b, or
29-5 of this Code may classify | ||||||
2 | all or a portion of the funds that it receives
in a particular | ||||||
3 | fiscal year or from evidence-based funding general State aid | ||||||
4 | pursuant to Section 18-8.15
18-8.05 of this Code as
funds | ||||||
5 | received in connection with any funding program for which it is
| ||||||
6 | entitled to receive funds from the State in that fiscal year | ||||||
7 | (including,
without limitation, any funding program referenced | ||||||
8 | in this Section),
regardless of the source or timing of the | ||||||
9 | receipt. The district may not
classify more funds as funds | ||||||
10 | received in connection with the funding
program than the | ||||||
11 | district is entitled to receive in that fiscal year for that
| ||||||
12 | program. Any
classification by a district must be made by a | ||||||
13 | resolution of its board of
education. The resolution must | ||||||
14 | identify the amount of any payments or evidence-based funding
| ||||||
15 | general State aid to be classified under this paragraph and | ||||||
16 | must specify
the funding program to which the funds are to be | ||||||
17 | treated as received in
connection therewith. This resolution is | ||||||
18 | controlling as to the
classification of funds referenced | ||||||
19 | therein. A certified copy of the
resolution must be sent to the | ||||||
20 | State Superintendent of Education.
The resolution shall still | ||||||
21 | take effect even though a copy of the resolution has
not been | ||||||
22 | sent to the State
Superintendent of Education in a timely | ||||||
23 | manner.
No
classification under this paragraph by a district | ||||||
24 | shall affect the total amount
or timing of money the district | ||||||
25 | is entitled to receive under this Code.
No classification under | ||||||
26 | this paragraph by a district shall
in any way relieve the |
| |||||||
| |||||||
1 | district from or affect any
requirements that otherwise would | ||||||
2 | apply with respect to
that funding program, including any
| ||||||
3 | accounting of funds by source, reporting expenditures by
| ||||||
4 | original source and purpose,
reporting requirements,
or | ||||||
5 | requirements of providing services.
| ||||||
6 | (Source: P.A. 96-257, eff. 8-11-09; 97-123, eff. 7-14-11.)
| ||||||
7 | (105 ILCS 5/14C-1) (from Ch. 122, par. 14C-1) | ||||||
8 | Sec. 14C-1. The General Assembly finds that there are large | ||||||
9 | numbers of children in
this State who come from environments | ||||||
10 | where the primary language is other
than English. Experience | ||||||
11 | has shown that public school classes in which
instruction is | ||||||
12 | given only in English are often inadequate for the education
of | ||||||
13 | children whose native tongue is another language. The General | ||||||
14 | Assembly
believes that a program of transitional bilingual | ||||||
15 | education can meet the
needs of these children and facilitate | ||||||
16 | their integration into the regular
public school curriculum. | ||||||
17 | Therefore, pursuant to the policy of this State
to ensure equal | ||||||
18 | educational opportunity to every child, and in recognition
of | ||||||
19 | the educational needs of English learners, it is the purpose of | ||||||
20 | this Act to provide for the establishment of
transitional | ||||||
21 | bilingual education programs in the public schools, to
provide | ||||||
22 | supplemental financial assistance through fiscal year 2017 to | ||||||
23 | help local school districts
meet the extra costs of such | ||||||
24 | programs, and to allow this State through the State Board of | ||||||
25 | Education to directly or indirectly provide technical |
| |||||||
| |||||||
1 | assistance and professional development to support | ||||||
2 | transitional bilingual education or a transitional program of | ||||||
3 | instruction programs statewide through contractual services by | ||||||
4 | a not-for-profit entity for technical assistance, professional | ||||||
5 | development, and other support to school districts and | ||||||
6 | educators for services for English learner pupils. In no case | ||||||
7 | may aggregate funding for contractual services by a | ||||||
8 | not-for-profit entity for support to school districts and | ||||||
9 | educators for services for English learner pupils be less than | ||||||
10 | the aggregate amount expended for such purposes in Fiscal Year | ||||||
11 | 2017. Not-for-profit entities providing support to school | ||||||
12 | districts and educators for services for English learner pupils | ||||||
13 | must have experience providing those services in a school | ||||||
14 | district having a population exceeding 500,000; one or more | ||||||
15 | school districts in any of the counties of Lake, McHenry, | ||||||
16 | DuPage, Kane, and Will; and one or more school districts | ||||||
17 | elsewhere in this State. Funding for not-for-profit entities | ||||||
18 | providing support to school districts and educators for | ||||||
19 | services for English learner pupils may be increased subject to | ||||||
20 | an agreement with the State Board of Education. Funding for | ||||||
21 | not-for-profit entities providing support to school districts | ||||||
22 | and educators for services for English learner pupils shall | ||||||
23 | come from funds allocated pursuant to Section 18-8.15 of this | ||||||
24 | Code . | ||||||
25 | (Source: P.A. 99-30, eff. 7-10-15.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/14C-12) (from Ch. 122, par. 14C-12)
| ||||||
2 | Sec. 14C-12. Account of expenditures; Cost report; | ||||||
3 | Reimbursement.
Each
school district with at least one English | ||||||
4 | learner shall keep an accurate, detailed and separate account | ||||||
5 | of
all monies paid out by it for the programs in transitional | ||||||
6 | bilingual education
required or permitted by this Article, | ||||||
7 | including transportation costs, and
shall annually report | ||||||
8 | thereon for the school year ending June 30 indicating
the | ||||||
9 | average per pupil expenditure. Through fiscal year 2017, each | ||||||
10 | Each school district shall be reimbursed
for the amount by | ||||||
11 | which such costs exceed the average per pupil expenditure
by | ||||||
12 | such school district for the education of children of | ||||||
13 | comparable age
who are not in any special education program. No | ||||||
14 | funding shall be provided to school districts under this | ||||||
15 | Section after fiscal year 2017. In fiscal year 2018 and each | ||||||
16 | fiscal year thereafter, all funding received by a school | ||||||
17 | district from the State pursuant to Section 18-8.15 of this | ||||||
18 | Code that is attributable to instructions, supports, and | ||||||
19 | interventions for English learner pupils must be used for | ||||||
20 | programs and services authorized under this Article. At least | ||||||
21 | 60% of transitional bilingual education funding received from | ||||||
22 | the State must be used for the instructional costs of programs | ||||||
23 | and services authorized under this Article transitional | ||||||
24 | bilingual education .
| ||||||
25 | Applications for preapproval for reimbursement for costs | ||||||
26 | of transitional
bilingual education programs must be submitted |
| |||||||
| |||||||
1 | to the State Superintendent of
Education at least 60 days | ||||||
2 | before a transitional bilingual education program
is started, | ||||||
3 | unless a justifiable exception is granted by the State
| ||||||
4 | Superintendent of Education.
Applications shall set forth a | ||||||
5 | plan for transitional
bilingual education established and | ||||||
6 | maintained in accordance with this Article.
| ||||||
7 | Through fiscal year 2017, reimbursement Reimbursement | ||||||
8 | claims for transitional bilingual education programs shall
be | ||||||
9 | made as follows:
| ||||||
10 | Each school district shall claim reimbursement on a current | ||||||
11 | basis for the
first 3 quarters of the fiscal year and file a | ||||||
12 | final adjusted
claim
for the school year ended June 30 | ||||||
13 | preceding computed in accordance with rules
prescribed by the | ||||||
14 | State Superintendent's Office.
The State Superintendent
of
| ||||||
15 | Education before approving any such claims shall
determine | ||||||
16 | their accuracy and whether
they are based upon services and | ||||||
17 | facilities provided under approved programs.
Upon approval he | ||||||
18 | shall transmit to the Comptroller
the
vouchers showing the | ||||||
19 | amounts due for
school
district reimbursement claims. Upon | ||||||
20 | receipt of the
final adjusted
claims the State Superintendent | ||||||
21 | of Education shall make a final
determination of the
accuracy | ||||||
22 | of such claims. If the money appropriated by the General | ||||||
23 | Assembly
for such purpose for any year is insufficient, it | ||||||
24 | shall be apportioned on
the basis of the claims approved.
| ||||||
25 | Failure on the part of the school district to prepare and | ||||||
26 | certify the final
adjusted claims due under this Section may |
| |||||||
| |||||||
1 | constitute a forfeiture
by the school district of its right to | ||||||
2 | be reimbursed by the State under this
Section.
| ||||||
3 | (Source: P.A. 96-1170, eff. 1-1-11.)
| ||||||
4 | (105 ILCS 5/17-1) (from Ch. 122, par. 17-1)
| ||||||
5 | Sec. 17-1. Annual Budget. The board of education of each | ||||||
6 | school
district under 500,000 inhabitants shall, within or | ||||||
7 | before the first
quarter of each fiscal year, adopt and file | ||||||
8 | with the State Board of Education an annual balanced budget | ||||||
9 | which it deems
necessary to defray all necessary expenses and | ||||||
10 | liabilities of the
district, and in such annual budget shall | ||||||
11 | specify the objects and
purposes of each item and amount needed | ||||||
12 | for each object or purpose.
| ||||||
13 | The budget shall be entered upon a School District Budget | ||||||
14 | form prepared
and provided by the State Board of Education and | ||||||
15 | therein shall contain
a statement of the cash on hand at the
| ||||||
16 | beginning of the fiscal year, an estimate of the cash expected | ||||||
17 | to be
received during such fiscal year from all sources, an | ||||||
18 | estimate of the
expenditures contemplated for such fiscal year, | ||||||
19 | and a statement of the
estimated cash expected to be on hand at | ||||||
20 | the end of such year. The
estimate of taxes to be received may | ||||||
21 | be based upon the amount of actual
cash receipts that may | ||||||
22 | reasonably be expected by the district during
such fiscal year, | ||||||
23 | estimated from the experience of the district in prior
years | ||||||
24 | and with due regard for other circumstances that may | ||||||
25 | substantially
affect such receipts. Nothing in this Section |
| |||||||
| |||||||
1 | shall be construed as
requiring any district to change or | ||||||
2 | preventing any district from
changing from a cash basis of | ||||||
3 | financing to a surplus or deficit basis of
financing; or as | ||||||
4 | requiring any district to change or preventing any
district | ||||||
5 | from changing its system of accounting. The budget shall | ||||||
6 | conform to the requirements adopted by the State Board of | ||||||
7 | Education pursuant to Section 2-3.28 of this Code.
| ||||||
8 | To the extent that a school district's budget is not | ||||||
9 | balanced, the district shall also adopt and file with the State | ||||||
10 | Board of Education a deficit reduction plan to balance the | ||||||
11 | district's budget within 3 years. The deficit reduction plan | ||||||
12 | must be filed at the same time as the budget, but the State | ||||||
13 | Superintendent of Education may extend this deadline if the | ||||||
14 | situation warrants.
| ||||||
15 | If, as the result of an audit performed in compliance with | ||||||
16 | Section 3-7 of this Code, the resulting Annual Financial Report | ||||||
17 | required to be submitted pursuant to Section 3-15.1 of this | ||||||
18 | Code reflects a deficit as defined for purposes of the | ||||||
19 | preceding paragraph, then the district shall, within 30 days | ||||||
20 | after acceptance of such audit report, submit a deficit | ||||||
21 | reduction plan. | ||||||
22 | The board of education of each district shall fix a fiscal | ||||||
23 | year
therefor. If the beginning of the fiscal year of a | ||||||
24 | district is
subsequent to the time that the tax levy due to be | ||||||
25 | made in such
fiscal year shall be
made, then such annual budget | ||||||
26 | shall be adopted prior to the time such
tax levy shall be made.
|
| |||||||
| |||||||
1 | The failure by a board of education of any district to adopt an | ||||||
2 | annual
budget, or to comply in any respect with the provisions | ||||||
3 | of this Section, shall
not affect the validity of any tax levy | ||||||
4 | of the district otherwise in
conformity with the law. With | ||||||
5 | respect to taxes levied either before, on, or
after the | ||||||
6 | effective date of this amendatory Act of the 91st General | ||||||
7 | Assembly,
(i) a tax levy is made
for the fiscal year in which | ||||||
8 | the levy is due to be made regardless of which
fiscal year the | ||||||
9 | proceeds of the levy are expended or are intended to be
| ||||||
10 | expended, and (ii) except as otherwise provided by law, a board | ||||||
11 | of education's
adoption of
an annual budget in conformity with | ||||||
12 | this Section is not a prerequisite to the
adoption of a valid | ||||||
13 | tax levy and is not a limit on the amount of the levy.
| ||||||
14 | Such budget shall be prepared in tentative form by some | ||||||
15 | person or
persons designated by the board, and in such | ||||||
16 | tentative form shall be
made conveniently available to public | ||||||
17 | inspection for at least 30 days
prior to final action thereon. | ||||||
18 | At least 1 public hearing shall be held
as to such budget prior | ||||||
19 | to final action thereon. Notice of availability
for public | ||||||
20 | inspection and of such public hearing shall be given by
| ||||||
21 | publication in a newspaper published in such district, at least | ||||||
22 | 30 days
prior to the time of such hearing. If there is no | ||||||
23 | newspaper published
in such district, notice of such public | ||||||
24 | hearing shall be given by
posting notices thereof in 5 of the | ||||||
25 | most public places in such district.
It shall be the duty of | ||||||
26 | the secretary of such board to make such
tentative budget |
| |||||||
| |||||||
1 | available to public inspection, and to arrange for such
public | ||||||
2 | hearing. The board may from time to time make transfers between
| ||||||
3 | the various items in any fund not exceeding in the aggregate | ||||||
4 | 10% of the
total of such fund as set forth in the budget. The | ||||||
5 | board may from time
to time amend such budget by the same | ||||||
6 | procedure as is herein provided
for its original adoption.
| ||||||
7 | Beginning July 1, 1976, the board of education, or regional
| ||||||
8 | superintendent, or governing board responsible for the | ||||||
9 | administration of
a joint agreement shall, by September 1 of | ||||||
10 | each
fiscal year thereafter, adopt an annual budget for the | ||||||
11 | joint agreement
in the same manner and subject to the same | ||||||
12 | requirements as are provided
in this Section.
| ||||||
13 | The State Board of Education shall exercise powers and | ||||||
14 | duties
relating to budgets as provided in Section 2-3.27 of | ||||||
15 | this Code and shall require school districts to submit their | ||||||
16 | annual budgets, deficit reduction plans, and other financial | ||||||
17 | information, including revenue and expenditure reports and | ||||||
18 | borrowing and interfund transfer plans, in such form and within | ||||||
19 | the timelines designated by the State Board of Education.
| ||||||
20 | By fiscal year 1982 all school districts shall use the | ||||||
21 | Program Budget
Accounting System.
| ||||||
22 | In the case of a school district receiving emergency State | ||||||
23 | financial
assistance under Article 1B, the school board shall | ||||||
24 | also be subject to the
requirements
established under Article | ||||||
25 | 1B with respect to the annual budget.
| ||||||
26 | (Source: P.A. 97-429, eff. 8-16-11.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/17-1.2)
| ||||||
2 | Sec. 17-1.2. Post annual budget on web site. If a school | ||||||
3 | district
has an Internet web site, the school district shall | ||||||
4 | post its current annual
budget,
itemized by receipts and | ||||||
5 | expenditures, on the district's Internet web site. The budget | ||||||
6 | shall include information conforming to the rules adopted by | ||||||
7 | the State Board of Education pursuant to Section 2-3.28 of this | ||||||
8 | Code.
The school district shall notify the parents or guardians | ||||||
9 | of its students
that the budget has been posted on the | ||||||
10 | district's web site and what
the web site's address is.
| ||||||
11 | (Source: P.A. 92-438, eff. 1-1-02.)
| ||||||
12 | (105 ILCS 5/17-1.5)
| ||||||
13 | Sec. 17-1.5. Limitation of administrative costs.
| ||||||
14 | (a) It is the purpose of this Section to establish | ||||||
15 | limitations on the growth
of administrative expenditures in | ||||||
16 | order to maximize the proportion of school
district resources | ||||||
17 | available for the instructional program, building
maintenance, | ||||||
18 | and safety services for the students of each district.
| ||||||
19 | (b) Definitions. For the purposes of this Section:
| ||||||
20 | "Administrative expenditures" mean the annual expenditures | ||||||
21 | of
school districts properly attributable to expenditure | ||||||
22 | functions defined by the
rules of the State Board of Education | ||||||
23 | as: 2320 (Executive Administration Services);
2330 (Special | ||||||
24 | Area Administration Services); 2490 (Other Support Services -
|
| |||||||
| |||||||
1 | School Administration); 2510 (Direction of Business Support | ||||||
2 | Services); 2570
(Internal Services); and 2610 (Direction of | ||||||
3 | Central
Support Services); provided, however, that | ||||||
4 | "administrative expenditures" shall
not include early | ||||||
5 | retirement or other pension system obligations required by
| ||||||
6 | State law.
| ||||||
7 | "School district" means all school districts having a | ||||||
8 | population of less than
500,000.
| ||||||
9 | (c) For the 1998-99 school year and each school year | ||||||
10 | thereafter, each school
district shall undertake budgetary and | ||||||
11 | expenditure control actions so that the
increase in | ||||||
12 | administrative expenditures for that school year over the prior
| ||||||
13 | school year does not exceed 5%.
School districts with | ||||||
14 | administrative expenditures per pupil
in the 25th
percentile | ||||||
15 | and below for all districts of the same type,
as defined by the | ||||||
16 | State Board of Education,
may waive the limitation imposed | ||||||
17 | under this Section for any year following a
public hearing and | ||||||
18 | with the
affirmative vote of at least two-thirds of the members | ||||||
19 | of the school board of
the
district. Any district waiving the | ||||||
20 | limitation shall notify the State Board
within 45 days of such | ||||||
21 | action.
| ||||||
22 | (d) School districts shall file with the State Board of | ||||||
23 | Education by
November 15, 1998 and
by each November 15th | ||||||
24 | thereafter a one-page report that lists
(i) the actual
| ||||||
25 | administrative expenditures for
the
prior year from the | ||||||
26 | district's audited Annual Financial Report, and (ii) the
|
| |||||||
| |||||||
1 | projected administrative expenditures for the current year | ||||||
2 | from the budget adopted by the school board
pursuant to Section | ||||||
3 | 17-1 of this Code.
| ||||||
4 | If a school district that is ineligible to waive the | ||||||
5 | limitation imposed by
subsection (c) of this Section by board | ||||||
6 | action exceeds the limitation
solely because of circumstances | ||||||
7 | beyond
the control of the district and the district has | ||||||
8 | exhausted all available and
reasonable remedies to comply with | ||||||
9 | the limitation, the district may request a
waiver pursuant to | ||||||
10 | Section 2-3.25g. The waiver application shall specify the
| ||||||
11 | amount,
nature, and reason for the relief requested, as well as | ||||||
12 | all remedies the
district has exhausted to comply with the | ||||||
13 | limitation.
Any emergency relief so requested shall apply only | ||||||
14 | to the specific
school year for which the request is made. The | ||||||
15 | State Board of Education shall
analyze all such waivers | ||||||
16 | submitted and shall recommend that the General
Assembly | ||||||
17 | disapprove any such waiver requested that is not due solely to
| ||||||
18 | circumstances beyond the control of the district and for which | ||||||
19 | the district has
not exhausted all available and reasonable | ||||||
20 | remedies to comply with the
limitation. The State | ||||||
21 | Superintendent shall have
no authority to impose any sanctions | ||||||
22 | pursuant to this Section for any
expenditures for which a | ||||||
23 | waiver has been requested until such waiver has been
reviewed | ||||||
24 | by the General Assembly.
| ||||||
25 | If the report and information required
under this
| ||||||
26 | subsection (d) are not provided by the school district in a |
| |||||||
| |||||||
1 | timely
manner, or are subsequently determined by
the State | ||||||
2 | Superintendent of Education
to be incomplete or inaccurate, the | ||||||
3 | State Superintendent shall notify the
district in writing of | ||||||
4 | reporting deficiencies. The school district shall,
within 60 | ||||||
5 | days of the notice, address the reporting deficiencies | ||||||
6 | identified.
| ||||||
7 | (e) If the State Superintendent determines that a school | ||||||
8 | district has failed
to comply with the administrative | ||||||
9 | expenditure limitation imposed in subsection
(c) of this | ||||||
10 | Section,
the
State Superintendent shall notify the district of | ||||||
11 | the violation and direct the
district to undertake corrective | ||||||
12 | action to bring the district's budget into
compliance with the | ||||||
13 | administrative expenditure limitation. The district shall,
| ||||||
14 | within 60 days of the notice, provide adequate assurance to the | ||||||
15 | State
Superintendent that appropriate corrective actions have | ||||||
16 | been or will be taken.
If the district fails to provide | ||||||
17 | adequate assurance or fails to undertake the
necessary | ||||||
18 | corrective actions, the State Superintendent may impose | ||||||
19 | progressive
sanctions against the district that may culminate | ||||||
20 | in withholding
all
subsequent payments of general State aid due | ||||||
21 | the district under Section
18-8.05 of
this Code or | ||||||
22 | evidence-based funding due the district under Section 18-8.15 | ||||||
23 | of this Code
until the assurance is provided or the corrective | ||||||
24 | actions taken.
| ||||||
25 | (f) The State Superintendent shall publish a list each year | ||||||
26 | of the school
districts that violate the limitation imposed by |
| |||||||
| |||||||
1 | subsection (c) of this
Section and a list of the districts that | ||||||
2 | waive the limitation by board
action as provided in subsection | ||||||
3 | (c) of this Section.
| ||||||
4 | (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)
| ||||||
5 | (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11) | ||||||
6 | Sec. 17-2.11. School board power to levy a tax or to borrow | ||||||
7 | money and
issue bonds for fire prevention, safety, energy | ||||||
8 | conservation,
accessibility, school security, and specified | ||||||
9 | repair purposes. | ||||||
10 | (a) Whenever, as a
result of any lawful order of any | ||||||
11 | agency,
other than a school board, having authority to enforce | ||||||
12 | any school building code
applicable to any facility that houses | ||||||
13 | students, or any law or regulation for
the protection and | ||||||
14 | safety of the environment, pursuant to the Environmental
| ||||||
15 | Protection Act, any school district having a population of less | ||||||
16 | than 500,000
inhabitants is required to alter or reconstruct | ||||||
17 | any school building or
permanent, fixed equipment; the district | ||||||
18 | may, by proper resolution, levy a tax for the purpose of making | ||||||
19 | such alteration or reconstruction, based on a survey report by | ||||||
20 | an architect or engineer licensed in this State, upon all of | ||||||
21 | the taxable property of the district at the value as assessed | ||||||
22 | by the Department of Revenue and at a rate not to exceed 0.05% | ||||||
23 | per year for a period sufficient to finance such alteration or | ||||||
24 | reconstruction, upon the following conditions: | ||||||
25 | (1) When there are not sufficient funds available in |
| |||||||
| |||||||
1 | the operations and maintenance fund of the school district, | ||||||
2 | the school facility occupation tax fund of the district, or | ||||||
3 | the fire prevention and safety fund of the district, as | ||||||
4 | determined by the district on the basis of rules adopted by | ||||||
5 | the State Board of Education, to make such alteration or | ||||||
6 | reconstruction or to purchase and install such permanent, | ||||||
7 | fixed equipment so ordered or determined as necessary. | ||||||
8 | Appropriate school district records must be made available | ||||||
9 | to the State Superintendent of Education, upon request, to | ||||||
10 | confirm this insufficiency. | ||||||
11 | (2) When a certified estimate of an architect or | ||||||
12 | engineer licensed in this State stating the estimated | ||||||
13 | amount necessary to make the alteration or reconstruction | ||||||
14 | or to purchase and install the equipment so ordered has | ||||||
15 | been secured by the school district, and the estimate has | ||||||
16 | been approved by the regional superintendent of schools | ||||||
17 | having jurisdiction over the district and the State | ||||||
18 | Superintendent of Education. Approval must not be granted | ||||||
19 | for any work that has already started without the prior | ||||||
20 | express authorization of the State Superintendent of | ||||||
21 | Education. If the estimate is not approved or is denied | ||||||
22 | approval by the regional superintendent of schools within 3 | ||||||
23 | months after the date on which it is submitted to him or | ||||||
24 | her, the school board of the district may submit the | ||||||
25 | estimate directly to the State Superintendent of Education | ||||||
26 | for approval or denial. |
| |||||||
| |||||||
1 | In the case of an emergency situation, where the estimated | ||||||
2 | cost to effectuate emergency repairs is less than the amount | ||||||
3 | specified in Section 10-20.21 of this Code, the school district | ||||||
4 | may proceed with such repairs prior to approval by the State | ||||||
5 | Superintendent of Education, but shall comply with the | ||||||
6 | provisions of subdivision (2) of this subsection (a) as soon | ||||||
7 | thereafter as may be as well as Section 10-20.21 of this Code. | ||||||
8 | If the estimated cost to effectuate emergency repairs is | ||||||
9 | greater than the amount specified in Section 10-20.21 of this | ||||||
10 | Code, then the school district shall proceed in conformity with | ||||||
11 | Section 10-20.21 of this Code and with rules established by the | ||||||
12 | State Board of Education to address such situations. The rules | ||||||
13 | adopted by the State Board of Education to deal with these | ||||||
14 | situations shall stipulate that emergency situations must be | ||||||
15 | expedited and given priority consideration. For purposes of | ||||||
16 | this paragraph, an emergency is a situation that presents an | ||||||
17 | imminent and continuing threat to the health and safety of | ||||||
18 | students or other occupants of a facility, requires complete or | ||||||
19 | partial evacuation of a building or part of a building, or | ||||||
20 | consumes one or more of the 5 emergency days built into the | ||||||
21 | adopted calendar of the school or schools or would otherwise be | ||||||
22 | expected to cause such school or schools to fall short of the | ||||||
23 | minimum school calendar requirements. | ||||||
24 | (b) Whenever any such district determines that
it is | ||||||
25 | necessary for energy conservation purposes that any school | ||||||
26 | building
or permanent, fixed equipment should be altered or |
| |||||||
| |||||||
1 | reconstructed and
that such alterations or reconstruction will | ||||||
2 | be made with funds not necessary
for the completion of approved | ||||||
3 | and recommended projects contained in any safety
survey report | ||||||
4 | or amendments thereto authorized by Section 2-3.12 of this Act; | ||||||
5 | the district may levy a tax or issue bonds as provided in | ||||||
6 | subsection (a) of this Section. | ||||||
7 | (c) Whenever
any such district determines that it is | ||||||
8 | necessary for accessibility purposes and to comply with the | ||||||
9 | school building
code that any
school building or equipment | ||||||
10 | should be altered or reconstructed and that such
alterations or | ||||||
11 | reconstruction will be made with
funds not necessary for the | ||||||
12 | completion of approved and recommended projects
contained in | ||||||
13 | any safety survey report or amendments thereto authorized under
| ||||||
14 | Section 2-3.12 of this Act, the district may levy a tax or | ||||||
15 | issue bonds as provided in subsection (a) of this Section. | ||||||
16 | (d) Whenever any such district determines that it is
| ||||||
17 | necessary for school
security purposes and the related | ||||||
18 | protection and safety of pupils and school
personnel that any | ||||||
19 | school building or property should be altered or
reconstructed | ||||||
20 | or that security systems and equipment (including but not | ||||||
21 | limited
to intercom, early detection and warning, access | ||||||
22 | control and television
monitoring systems) should be purchased | ||||||
23 | and installed, and that such
alterations, reconstruction or | ||||||
24 | purchase and installation of equipment will be
made with funds | ||||||
25 | not necessary for the completion of approved and recommended
| ||||||
26 | projects contained in any safety survey report or amendment |
| |||||||
| |||||||
1 | thereto authorized
by Section 2-3.12 of this Act and will deter | ||||||
2 | and prevent unauthorized entry or
activities upon school | ||||||
3 | property by unknown or dangerous persons, assure early
| ||||||
4 | detection and advance warning of any such actual or attempted | ||||||
5 | unauthorized
entry or activities and help assure the continued | ||||||
6 | safety of pupils and school
staff if any such unauthorized | ||||||
7 | entry or activity is attempted or occurs;
the district may levy | ||||||
8 | a tax or issue bonds as provided in subsection (a) of this | ||||||
9 | Section. | ||||||
10 | (e) If a school district does not need funds for other fire | ||||||
11 | prevention and
safety projects, including the completion of | ||||||
12 | approved and recommended projects
contained in any safety | ||||||
13 | survey report or amendments thereto authorized by
Section | ||||||
14 | 2-3.12 of this Act, and it is determined after a public hearing | ||||||
15 | (which
is preceded by at least one published notice (i) | ||||||
16 | occurring at least 7 days
prior to the hearing in a newspaper | ||||||
17 | of general circulation within the school
district and (ii) | ||||||
18 | setting forth the time, date, place, and general subject
matter | ||||||
19 | of the hearing) that there is a
substantial, immediate, and | ||||||
20 | otherwise unavoidable threat to the health, safety,
or welfare | ||||||
21 | of pupils due to disrepair of school sidewalks, playgrounds, | ||||||
22 | parking
lots, or school bus turnarounds and repairs must be | ||||||
23 | made; then the district may levy a tax or issue bonds as | ||||||
24 | provided in subsection (a) of this Section. | ||||||
25 | (f) For purposes of this Section a school district may | ||||||
26 | replace a school
building or build additions to replace |
| |||||||
| |||||||
1 | portions of a building when it is
determined that the | ||||||
2 | effectuation of the recommendations for the existing
building | ||||||
3 | will cost more than the replacement costs. Such determination | ||||||
4 | shall
be based on a comparison of estimated costs made by an | ||||||
5 | architect or engineer
licensed in the State of Illinois. The | ||||||
6 | new building or addition shall be
equivalent in area (square | ||||||
7 | feet) and comparable in purpose and grades served
and may be on | ||||||
8 | the same site or another site. Such replacement may only be | ||||||
9 | done
upon order of the regional superintendent of schools and | ||||||
10 | the approval of the
State Superintendent of Education. | ||||||
11 | (g) The filing of a certified copy of the resolution | ||||||
12 | levying the tax when
accompanied by the certificates of the | ||||||
13 | regional superintendent of schools and
State Superintendent of | ||||||
14 | Education shall be the authority of the county clerk to
extend | ||||||
15 | such tax. | ||||||
16 | (h) The county clerk of the county in which any school | ||||||
17 | district levying a
tax under the authority of this Section is | ||||||
18 | located, in reducing raised
levies, shall not consider any such | ||||||
19 | tax as a part of the general levy
for school purposes and shall | ||||||
20 | not include the same in the limitation of
any other tax rate | ||||||
21 | which may be extended. | ||||||
22 | Such tax shall be levied and collected in like manner as | ||||||
23 | all other
taxes of school districts, subject to the provisions | ||||||
24 | contained in this Section. | ||||||
25 | (i) The tax rate limit specified in this Section may be | ||||||
26 | increased to .10%
upon the approval of a proposition to effect |
| |||||||
| |||||||
1 | such increase by a majority
of the electors voting on that | ||||||
2 | proposition at a regular scheduled election.
Such proposition | ||||||
3 | may be initiated by resolution of the school board and
shall be | ||||||
4 | certified by the secretary to the proper election authorities | ||||||
5 | for
submission in accordance with the general election law. | ||||||
6 | (j) When taxes are levied by any school district for fire | ||||||
7 | prevention,
safety, energy conservation, and school security | ||||||
8 | purposes as specified in this
Section, and the purposes for | ||||||
9 | which the taxes have been
levied are accomplished and paid in | ||||||
10 | full, and there remain funds on hand in
the Fire Prevention and | ||||||
11 | Safety Fund from the proceeds of the taxes levied,
including | ||||||
12 | interest earnings thereon, the school board by resolution shall | ||||||
13 | use
such excess and other board restricted funds, excluding | ||||||
14 | bond proceeds and
earnings from such proceeds, as follows: | ||||||
15 | (1) for other authorized fire prevention,
safety, | ||||||
16 | energy conservation, required safety inspections, school | ||||||
17 | security purposes, sampling for lead in drinking water in | ||||||
18 | schools, and for repair and mitigation due to lead levels | ||||||
19 | in the drinking water supply;
or | ||||||
20 | (2) for transfer to the Operations and Maintenance Fund
| ||||||
21 | for the purpose of abating an equal amount of operations | ||||||
22 | and maintenance
purposes taxes. | ||||||
23 | Notwithstanding subdivision (2) of this subsection (j) and | ||||||
24 | subsection (k) of this Section, through June 30, 2020 2019 , the | ||||||
25 | school board
may, by proper resolution following a public | ||||||
26 | hearing set by the
school board or the president of the school |
| |||||||
| |||||||
1 | board (that is
preceded (i) by at least one published notice | ||||||
2 | over the name of
the clerk or secretary of the board, occurring | ||||||
3 | at least 7 days
and not more than 30 days prior to the hearing, | ||||||
4 | in a newspaper
of general circulation within the school | ||||||
5 | district and (ii) by
posted notice over the name of the clerk | ||||||
6 | or secretary of the
board, at least 48 hours before the | ||||||
7 | hearing, at the principal
office of the school board or at the | ||||||
8 | building where the hearing
is to be held if a principal office | ||||||
9 | does not exist, with both
notices setting forth the time, date, | ||||||
10 | place, and subject matter
of the hearing), transfer surplus | ||||||
11 | life safety taxes and interest earnings thereon to the | ||||||
12 | Operations and Maintenance Fund for building repair work. | ||||||
13 | (k) If any transfer is made to the Operation and | ||||||
14 | Maintenance
Fund, the secretary of the school board shall | ||||||
15 | within 30 days notify
the county clerk of the amount of that | ||||||
16 | transfer and direct the clerk to
abate the taxes to be extended | ||||||
17 | for the purposes of operations and
maintenance authorized under | ||||||
18 | Section 17-2 of this Act by an amount equal
to such transfer. | ||||||
19 | (l) If the proceeds from the tax levy authorized by this
| ||||||
20 | Section are insufficient to complete the work approved under | ||||||
21 | this
Section, the school board is authorized to sell bonds | ||||||
22 | without referendum
under the provisions of this Section in an | ||||||
23 | amount that, when added to the
proceeds of the tax levy | ||||||
24 | authorized by this Section, will allow completion
of the | ||||||
25 | approved work. | ||||||
26 | (m) Any bonds issued pursuant to this Section shall bear |
| |||||||
| |||||||
1 | interest at a rate not to exceed the maximum rate
authorized by | ||||||
2 | law at the time of the making of the contract, shall mature
| ||||||
3 | within 20 years from date, and shall be signed by the president | ||||||
4 | of the school
board and the treasurer of the school district. | ||||||
5 | (n) In order to authorize and issue such bonds, the school | ||||||
6 | board shall adopt
a resolution fixing the amount of bonds, the | ||||||
7 | date thereof, the maturities
thereof, rates of interest | ||||||
8 | thereof, place of payment and denomination,
which shall be in | ||||||
9 | denominations of not less than $100 and not more than
$5,000, | ||||||
10 | and provide for the levy and collection of a direct annual tax | ||||||
11 | upon
all the taxable property in the school district sufficient | ||||||
12 | to pay the
principal and interest on such bonds to maturity. | ||||||
13 | Upon the filing in the
office of the county clerk of the county | ||||||
14 | in which the school district is
located of a certified copy of | ||||||
15 | the resolution, it is the duty of the
county clerk to extend | ||||||
16 | the tax therefor in addition to and in excess of all
other | ||||||
17 | taxes heretofore or hereafter authorized to be
levied by such | ||||||
18 | school district. | ||||||
19 | (o) After the time such bonds are issued as provided for by | ||||||
20 | this Section, if
additional alterations or reconstructions are | ||||||
21 | required to be made because
of surveys conducted by an | ||||||
22 | architect or engineer licensed in the State of
Illinois, the | ||||||
23 | district may levy a tax at a rate not to exceed .05% per year
| ||||||
24 | upon all the taxable property of the district or issue | ||||||
25 | additional bonds,
whichever action shall be the most feasible. | ||||||
26 | (p) This Section is cumulative and constitutes complete |
| |||||||
| |||||||
1 | authority for the
issuance of bonds as provided in this Section | ||||||
2 | notwithstanding any other
statute or law to the contrary. | ||||||
3 | (q) With respect to instruments for the payment of money | ||||||
4 | issued under this
Section either before, on, or after the | ||||||
5 | effective date of Public Act 86-004
(June 6, 1989), it is, and | ||||||
6 | always has been, the intention of the General
Assembly (i) that | ||||||
7 | the Omnibus Bond Acts are, and always have been,
supplementary | ||||||
8 | grants of power to issue instruments in accordance with the
| ||||||
9 | Omnibus Bond Acts, regardless of any provision of this Act that | ||||||
10 | may appear
to be or to have been more restrictive than those | ||||||
11 | Acts, (ii) that the
provisions of this Section are not a | ||||||
12 | limitation on the supplementary
authority granted by the | ||||||
13 | Omnibus Bond Acts, and (iii) that instruments
issued under this | ||||||
14 | Section within the supplementary authority granted by the
| ||||||
15 | Omnibus Bond Acts are not invalid because of any provision of | ||||||
16 | this Act that
may appear to be or to have been more restrictive | ||||||
17 | than those Acts. | ||||||
18 | (r) When the purposes for which the bonds are issued have | ||||||
19 | been accomplished
and paid for in full and there remain funds | ||||||
20 | on hand from the proceeds of
the bond sale and interest | ||||||
21 | earnings therefrom, the board shall, by
resolution, use such | ||||||
22 | excess funds in accordance with the provisions of
Section | ||||||
23 | 10-22.14 of this Act. | ||||||
24 | (s) Whenever any tax is levied or bonds issued for fire | ||||||
25 | prevention, safety,
energy conservation, and school security | ||||||
26 | purposes, such proceeds shall be
deposited and accounted for |
| |||||||
| |||||||
1 | separately within the Fire Prevention and Safety
Fund. | ||||||
2 | (Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14; | ||||||
3 | 99-143, eff. 7-27-15; 99-713, eff. 8-5-16; 99-922, eff. | ||||||
4 | 1-17-17.)
| ||||||
5 | (105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A)
| ||||||
6 | Sec. 17-2A. Interfund transfers. | ||||||
7 | (a) The school board of any district having a population of | ||||||
8 | less than
500,000 inhabitants may, by proper resolution | ||||||
9 | following a public hearing
set by the school board or the | ||||||
10 | president of the school board
(that is preceded (i) by at least | ||||||
11 | one published notice over the name of
the clerk
or secretary of | ||||||
12 | the board, occurring at least 7 days and not more than 30
days
| ||||||
13 | prior to the hearing, in a newspaper of general circulation | ||||||
14 | within the
school
district and (ii) by posted notice over the | ||||||
15 | name of the clerk or secretary of
the board, at least 48 hours | ||||||
16 | before the hearing, at the principal office of the
school board | ||||||
17 | or at the building where the hearing is to be held if a | ||||||
18 | principal
office does not exist, with both notices setting | ||||||
19 | forth the time, date, place,
and subject matter of the
| ||||||
20 | hearing), transfer money from (1) the Educational Fund to the | ||||||
21 | Operations
and
Maintenance Fund or the Transportation Fund, (2) | ||||||
22 | the Operations and
Maintenance Fund to the Educational Fund or | ||||||
23 | the Transportation Fund, (3) the
Transportation Fund to the | ||||||
24 | Educational Fund or the Operations and Maintenance
Fund, or (4) | ||||||
25 | the Tort Immunity Fund to the Operations and Maintenance Fund |
| |||||||
| |||||||
1 | of said
district,
provided that, except during the period from | ||||||
2 | July 1, 2003 through June 30, 2020 2019 , such transfer is made | ||||||
3 | solely for the purpose of meeting one-time,
non-recurring | ||||||
4 | expenses. Except during the period from July 1, 2003 through
| ||||||
5 | June 30, 2020 2019 and except as otherwise provided in | ||||||
6 | subsection (b) of this Section, any other permanent interfund | ||||||
7 | transfers authorized
by any provision or judicial | ||||||
8 | interpretation of this Code for which the
transferee fund is | ||||||
9 | not precisely and specifically set forth in the provision of
| ||||||
10 | this Code authorizing such transfer shall be made to the fund | ||||||
11 | of the school
district most in need of the funds being | ||||||
12 | transferred, as determined by
resolution of the school board. | ||||||
13 | (b) (Blank).
| ||||||
14 | (c) Notwithstanding subsection (a) of this Section or any | ||||||
15 | other provision of this Code to the contrary, the school board | ||||||
16 | of any school district (i) that is subject to the Property Tax | ||||||
17 | Extension Limitation Law, (ii) that is an elementary district | ||||||
18 | servicing students in grades K through 8, (iii) whose territory | ||||||
19 | is in one county, (iv) that is eligible for Section 7002 | ||||||
20 | Federal Impact Aid, and (v) that has no more than $81,000 in | ||||||
21 | funds remaining from refinancing bonds that were refinanced a | ||||||
22 | minimum of 5 years prior to January 20, 2017 ( the effective | ||||||
23 | date of Public Act 99-926) this amendatory Act of the 99th | ||||||
24 | General Assembly may make a one-time transfer of the funds | ||||||
25 | remaining from the refinancing bonds to the Operations and | ||||||
26 | Maintenance Fund of the district by proper resolution following |
| |||||||
| |||||||
1 | a public hearing set by the school board or the president of | ||||||
2 | the school board, with notice as provided in subsection (a) of | ||||||
3 | this Section, so long as the district meets the qualifications | ||||||
4 | set forth in this subsection (c) on January 20, 2017 ( the | ||||||
5 | effective date of Public Act 99-926) this amendatory Act of the | ||||||
6 | 99th General Assembly . | ||||||
7 | (Source: P.A. 98-26, eff. 6-21-13; 98-131, eff. 1-1-14; 99-713, | ||||||
8 | eff. 8-5-16; 99-922, eff. 1-17-17; 99-926, eff. 1-20-17; | ||||||
9 | revised 1-23-17.)
| ||||||
10 | (105 ILCS 5/17-3.6 new) | ||||||
11 | Sec. 17-3.6. Educational purposes tax rate for school | ||||||
12 | districts subject to Property Tax Extension Limitation Law. | ||||||
13 | Notwithstanding the provisions, requirements, or limitations | ||||||
14 | of this Code or any other law, any tax levied for educational | ||||||
15 | purposes by a school district subject to the Property Tax | ||||||
16 | Extension Limitation Law for the 2016 levy year or any | ||||||
17 | subsequent levy year may be extended at a rate exceeding the | ||||||
18 | rate established for educational purposes by referendum or this | ||||||
19 | Code, provided that the rate does not cause the school district | ||||||
20 | to exceed the limiting rate applicable to the school district | ||||||
21 | under the Property Tax Extension Limitation Law for that levy | ||||||
22 | year.
| ||||||
23 | (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
| ||||||
24 | Sec. 18-4.3. Summer school grants. Through fiscal year |
| |||||||
| |||||||
1 | 2017, grants Grants shall be determined for
pupil attendance in | ||||||
2 | summer schools conducted under Sections 10-22.33A
and 34-18 and | ||||||
3 | approved under Section 2-3.25 in the following manner.
| ||||||
4 | The amount of grant for each accredited summer school | ||||||
5 | attendance pupil shall
be obtained by dividing the total amount | ||||||
6 | of apportionments determined under Section 18-8.05 by the
| ||||||
7 | actual
number of pupils in average daily attendance used for | ||||||
8 | such
apportionments. The number of credited summer school | ||||||
9 | attendance pupils
shall be determined (a) by counting clock | ||||||
10 | hours of class instruction by
pupils enrolled in grades 1 | ||||||
11 | through 12 in approved courses conducted at
least 60 clock | ||||||
12 | hours in summer sessions; (b) by dividing such total of
clock | ||||||
13 | hours of class instruction by 4 to produce days of credited | ||||||
14 | pupil
attendance; (c) by dividing such days of credited pupil | ||||||
15 | attendance by
the actual number of days in the regular term as | ||||||
16 | used in computation in
the general apportionment in Section | ||||||
17 | 18-8.05; and (d) by
multiplying by
1.25.
| ||||||
18 | The amount of the grant for a summer school program | ||||||
19 | approved by the
State Superintendent of Education for children | ||||||
20 | with
disabilities, as defined
in Sections 14-1.02 through | ||||||
21 | 14-1.07, shall be determined in the manner
contained above | ||||||
22 | except that average daily membership shall be utilized
in lieu | ||||||
23 | of average daily attendance.
| ||||||
24 | In the case of an apportionment based on summer school | ||||||
25 | attendance or
membership pupils, the claim therefor shall be | ||||||
26 | presented as a separate
claim for the particular school year in |
| |||||||
| |||||||
1 | which such summer school
session ends. On or before November 1 | ||||||
2 | of each year the
superintendent of each eligible school | ||||||
3 | district shall certify to
the State Superintendent of Education | ||||||
4 | the claim
of the district for the summer
session just ended. | ||||||
5 | Failure on the part of the school board to so
certify shall | ||||||
6 | constitute a forfeiture of its right to such payment. The State | ||||||
7 | Superintendent of Education shall transmit to the
Comptroller | ||||||
8 | no later than December 15th of each year
vouchers for payment | ||||||
9 | of amounts due school districts for
summer school. The State | ||||||
10 | Superintendent of Education shall direct the
Comptroller to | ||||||
11 | draw his warrants for payments thereof by the 30th
day of | ||||||
12 | December. If the money appropriated by the
General Assembly for | ||||||
13 | such purpose for any year is insufficient, it shall
be | ||||||
14 | apportioned on the basis of claims approved.
| ||||||
15 | However, notwithstanding the foregoing provisions, for | ||||||
16 | each fiscal year the
money appropriated by the General
Assembly | ||||||
17 | for the purposes of this Section shall only be used for grants
| ||||||
18 | for approved summer school programs for those children with
| ||||||
19 | disabilities served pursuant to Section 14-7.02 or 14-7.02b of | ||||||
20 | this
Code. | ||||||
21 | No funding shall be provided to school districts under this | ||||||
22 | Section after fiscal year 2017.
| ||||||
23 | (Source: P.A. 93-1022, eff. 8-24-04.)
| ||||||
24 | (105 ILCS 5/18-8.05)
| ||||||
25 | Sec. 18-8.05. Basis for apportionment of general State |
| |||||||
| |||||||
1 | financial aid and
supplemental general State aid to the common | ||||||
2 | schools for the 1998-1999 through the 2016-2017 and
subsequent | ||||||
3 | school years.
| ||||||
4 | (A) General Provisions. | ||||||
5 | (1) The provisions of this Section relating to the | ||||||
6 | calculation and apportionment of general State financial aid | ||||||
7 | and supplemental general State aid apply to the 1998-1999 | ||||||
8 | through the 2016-2017 and subsequent
school years. The system | ||||||
9 | of general State financial aid provided for in this
Section
is | ||||||
10 | designed to assure that, through a combination of State | ||||||
11 | financial aid and
required local resources, the financial | ||||||
12 | support provided each pupil in Average
Daily Attendance equals | ||||||
13 | or exceeds a
prescribed per pupil Foundation Level. This | ||||||
14 | formula approach imputes a level
of per pupil Available Local | ||||||
15 | Resources and provides for the basis to calculate
a per pupil | ||||||
16 | level of general State financial aid that, when added to | ||||||
17 | Available
Local Resources, equals or exceeds the Foundation | ||||||
18 | Level. The
amount of per pupil general State financial aid for | ||||||
19 | school districts, in
general, varies in inverse
relation to | ||||||
20 | Available Local Resources. Per pupil amounts are based upon
| ||||||
21 | each school district's Average Daily Attendance as that term is | ||||||
22 | defined in this
Section. | ||||||
23 | (2) In addition to general State financial aid, school | ||||||
24 | districts with
specified levels or concentrations of pupils | ||||||
25 | from low income households are
eligible to receive supplemental |
| |||||||
| |||||||
1 | general State financial aid grants as provided
pursuant to | ||||||
2 | subsection (H).
The supplemental State aid grants provided for | ||||||
3 | school districts under
subsection (H) shall be appropriated for | ||||||
4 | distribution to school districts as
part of the same line item | ||||||
5 | in which the general State financial aid of school
districts is | ||||||
6 | appropriated under this Section. | ||||||
7 | (3) To receive financial assistance under this Section, | ||||||
8 | school districts
are required to file claims with the State | ||||||
9 | Board of Education, subject to the
following requirements: | ||||||
10 | (a) Any school district which fails for any given | ||||||
11 | school year to maintain
school as required by law, or to | ||||||
12 | maintain a recognized school is not
eligible to file for | ||||||
13 | such school year any claim upon the Common School
Fund. In | ||||||
14 | case of nonrecognition of one or more attendance centers in | ||||||
15 | a
school district otherwise operating recognized schools, | ||||||
16 | the claim of the
district shall be reduced in the | ||||||
17 | proportion which the Average Daily
Attendance in the | ||||||
18 | attendance center or centers bear to the Average Daily
| ||||||
19 | Attendance in the school district. A "recognized school" | ||||||
20 | means any
public school which meets the standards as | ||||||
21 | established for recognition
by the State Board of | ||||||
22 | Education. A school district or attendance center
not | ||||||
23 | having recognition status at the end of a school term is | ||||||
24 | entitled to
receive State aid payments due upon a legal | ||||||
25 | claim which was filed while
it was recognized. | ||||||
26 | (b) School district claims filed under this Section are |
| |||||||
| |||||||
1 | subject to
Sections 18-9 and 18-12, except as otherwise | ||||||
2 | provided in this
Section. | ||||||
3 | (c) If a school district operates a full year school | ||||||
4 | under Section
10-19.1, the general State aid to the school | ||||||
5 | district shall be determined
by the State Board of | ||||||
6 | Education in accordance with this Section as near as
may be | ||||||
7 | applicable. | ||||||
8 | (d) (Blank). | ||||||
9 | (4) Except as provided in subsections (H) and (L), the | ||||||
10 | board of any district
receiving any of the grants provided for | ||||||
11 | in this Section may apply those funds
to any fund so received | ||||||
12 | for which that board is authorized to make expenditures
by law. | ||||||
13 | School districts are not required to exert a minimum | ||||||
14 | Operating Tax Rate in
order to qualify for assistance under | ||||||
15 | this Section. | ||||||
16 | (5) As used in this Section the following terms, when | ||||||
17 | capitalized, shall
have the meaning ascribed herein: | ||||||
18 | (a) "Average Daily Attendance": A count of pupil | ||||||
19 | attendance in school,
averaged as provided for in | ||||||
20 | subsection (C) and utilized in deriving per pupil
financial | ||||||
21 | support levels. | ||||||
22 | (b) "Available Local Resources": A computation of | ||||||
23 | local financial
support, calculated on the basis of Average | ||||||
24 | Daily Attendance and derived as
provided pursuant to | ||||||
25 | subsection (D). | ||||||
26 | (c) "Corporate Personal Property Replacement Taxes": |
| |||||||
| |||||||
1 | Funds paid to local
school districts pursuant to "An Act in | ||||||
2 | relation to the abolition of ad valorem
personal property | ||||||
3 | tax and the replacement of revenues lost thereby, and
| ||||||
4 | amending and repealing certain Acts and parts of Acts in | ||||||
5 | connection therewith",
certified August 14, 1979, as | ||||||
6 | amended (Public Act 81-1st S.S.-1). | ||||||
7 | (d) "Foundation Level": A prescribed level of per pupil | ||||||
8 | financial support
as provided for in subsection (B). | ||||||
9 | (e) "Operating Tax Rate": All school district property | ||||||
10 | taxes extended for
all purposes, except Bond and
Interest, | ||||||
11 | Summer School, Rent, Capital Improvement, and Vocational | ||||||
12 | Education
Building purposes.
| ||||||
13 | (B) Foundation Level. | ||||||
14 | (1) The Foundation Level is a figure established by the | ||||||
15 | State representing
the minimum level of per pupil financial | ||||||
16 | support that should be available to
provide for the basic | ||||||
17 | education of each pupil in
Average Daily Attendance. As set | ||||||
18 | forth in this Section, each school district
is assumed to exert
| ||||||
19 | a sufficient local taxing effort such that, in combination with | ||||||
20 | the aggregate
of general State
financial aid provided the | ||||||
21 | district, an aggregate of State and local resources
are | ||||||
22 | available to meet
the basic education needs of pupils in the | ||||||
23 | district. | ||||||
24 | (2) For the 1998-1999 school year, the Foundation Level of | ||||||
25 | support is
$4,225. For the 1999-2000 school year, the |
| |||||||
| |||||||
1 | Foundation Level of support is
$4,325. For the 2000-2001 school | ||||||
2 | year, the Foundation Level of support is
$4,425. For the | ||||||
3 | 2001-2002 school year and 2002-2003 school year, the
Foundation | ||||||
4 | Level of support is $4,560. For the 2003-2004 school year, the | ||||||
5 | Foundation Level of support is $4,810. For the 2004-2005 school | ||||||
6 | year, the Foundation Level of support is $4,964.
For the | ||||||
7 | 2005-2006 school year,
the Foundation Level of support is | ||||||
8 | $5,164. For the 2006-2007 school year, the Foundation Level of | ||||||
9 | support is $5,334. For the 2007-2008 school year, the | ||||||
10 | Foundation Level of support is $5,734. For the 2008-2009 school | ||||||
11 | year, the Foundation Level of support is $5,959. | ||||||
12 | (3) For the 2009-2010 school year and each school year | ||||||
13 | thereafter,
the Foundation Level of support is $6,119 or such | ||||||
14 | greater amount as
may be established by law by the General | ||||||
15 | Assembly.
| ||||||
16 | (C) Average Daily Attendance. | ||||||
17 | (1) For purposes of calculating general State aid pursuant | ||||||
18 | to subsection
(E), an Average Daily Attendance figure shall be | ||||||
19 | utilized. The Average Daily
Attendance figure for formula
| ||||||
20 | calculation purposes shall be the monthly average of the actual | ||||||
21 | number of
pupils in attendance of
each school district, as | ||||||
22 | further averaged for the best 3 months of pupil
attendance for | ||||||
23 | each
school district. In compiling the figures for the number | ||||||
24 | of pupils in
attendance, school districts
and the State Board | ||||||
25 | of Education shall, for purposes of general State aid
funding, |
| |||||||
| |||||||
1 | conform
attendance figures to the requirements of subsection | ||||||
2 | (F). | ||||||
3 | (2) The Average Daily Attendance figures utilized in | ||||||
4 | subsection (E) shall be
the requisite attendance data for the | ||||||
5 | school year immediately preceding
the
school year for which | ||||||
6 | general State aid is being calculated
or the average of the | ||||||
7 | attendance data for the 3 preceding school
years, whichever is | ||||||
8 | greater. The Average Daily Attendance figures
utilized in | ||||||
9 | subsection (H) shall be the requisite attendance data for the
| ||||||
10 | school year immediately preceding the school year for which | ||||||
11 | general
State aid is being calculated.
| ||||||
12 | (D) Available Local Resources. | ||||||
13 | (1) For purposes of calculating general State aid pursuant | ||||||
14 | to subsection
(E), a representation of Available Local | ||||||
15 | Resources per pupil, as that term is
defined and determined in | ||||||
16 | this subsection, shall be utilized. Available Local
Resources | ||||||
17 | per pupil shall include a calculated
dollar amount representing | ||||||
18 | local school district revenues from local property
taxes and | ||||||
19 | from
Corporate Personal Property Replacement Taxes, expressed | ||||||
20 | on the basis of pupils
in Average
Daily Attendance. Calculation | ||||||
21 | of Available Local Resources shall exclude any tax amnesty | ||||||
22 | funds received as a result of Public Act 93-26. | ||||||
23 | (2) In determining a school district's revenue from local | ||||||
24 | property taxes,
the State Board of Education shall utilize the | ||||||
25 | equalized assessed valuation of
all taxable property of each |
| |||||||
| |||||||
1 | school
district as of September 30 of the previous year. The | ||||||
2 | equalized assessed
valuation utilized shall
be obtained and | ||||||
3 | determined as provided in subsection (G). | ||||||
4 | (3) For school districts maintaining grades kindergarten | ||||||
5 | through 12, local
property tax
revenues per pupil shall be | ||||||
6 | calculated as the product of the applicable
equalized assessed
| ||||||
7 | valuation for the district multiplied by 3.00%, and divided by | ||||||
8 | the district's
Average Daily
Attendance figure. For school | ||||||
9 | districts maintaining grades kindergarten
through 8, local
| ||||||
10 | property tax revenues per pupil shall be calculated as the | ||||||
11 | product of the
applicable equalized
assessed valuation for the | ||||||
12 | district multiplied by 2.30%, and divided by the
district's | ||||||
13 | Average
Daily Attendance figure. For school districts | ||||||
14 | maintaining grades 9 through 12,
local property
tax revenues | ||||||
15 | per pupil shall be the applicable equalized assessed valuation | ||||||
16 | of
the district
multiplied by 1.05%, and divided by the | ||||||
17 | district's Average Daily
Attendance
figure. | ||||||
18 | For partial elementary unit districts created pursuant to | ||||||
19 | Article 11E of this Code, local property tax revenues per pupil | ||||||
20 | shall be calculated as the product of the equalized assessed | ||||||
21 | valuation for property within the partial elementary unit | ||||||
22 | district for elementary purposes, as defined in Article 11E of | ||||||
23 | this Code, multiplied by 2.06% and divided by the district's | ||||||
24 | Average Daily Attendance figure, plus the product of the | ||||||
25 | equalized assessed valuation for property within the partial | ||||||
26 | elementary unit district for high school purposes, as defined |
| |||||||
| |||||||
1 | in Article 11E of this Code, multiplied by 0.94% and divided by | ||||||
2 | the district's Average Daily Attendance figure.
| ||||||
3 | (4) The Corporate Personal Property Replacement Taxes paid | ||||||
4 | to each school
district during the calendar year one year | ||||||
5 | before the calendar year in which a
school year begins, divided | ||||||
6 | by the Average Daily Attendance figure for that
district, shall | ||||||
7 | be added to the local property tax revenues per pupil as
| ||||||
8 | derived by the application of the immediately preceding | ||||||
9 | paragraph (3). The sum
of these per pupil figures for each | ||||||
10 | school district shall constitute Available
Local Resources as | ||||||
11 | that term is utilized in subsection (E) in the calculation
of | ||||||
12 | general State aid.
| ||||||
13 | (E) Computation of General State Aid. | ||||||
14 | (1) For each school year, the amount of general State aid | ||||||
15 | allotted to a
school district shall be computed by the State | ||||||
16 | Board of Education as provided
in this subsection. | ||||||
17 | (2) For any school district for which Available Local | ||||||
18 | Resources per pupil
is less than the product of 0.93 times the | ||||||
19 | Foundation Level, general State aid
for that district shall be | ||||||
20 | calculated as an amount equal to the Foundation
Level minus | ||||||
21 | Available Local Resources, multiplied by the Average Daily
| ||||||
22 | Attendance of the school district. | ||||||
23 | (3) For any school district for which Available Local | ||||||
24 | Resources per pupil
is equal to or greater than the product of | ||||||
25 | 0.93 times the Foundation Level and
less than the product of |
| |||||||
| |||||||
1 | 1.75 times the Foundation Level, the general State aid
per | ||||||
2 | pupil shall be a decimal proportion of the Foundation Level | ||||||
3 | derived using a
linear algorithm. Under this linear algorithm, | ||||||
4 | the calculated general State
aid per pupil shall decline in | ||||||
5 | direct linear fashion from 0.07 times the
Foundation Level for | ||||||
6 | a school district with Available Local Resources equal to
the | ||||||
7 | product of 0.93 times the Foundation Level, to 0.05 times the | ||||||
8 | Foundation
Level for a school district with Available Local | ||||||
9 | Resources equal to the product
of 1.75 times the Foundation | ||||||
10 | Level. The allocation of general
State aid for school districts | ||||||
11 | subject to this paragraph 3 shall be the
calculated general | ||||||
12 | State aid
per pupil figure multiplied by the Average Daily | ||||||
13 | Attendance of the school
district. | ||||||
14 | (4) For any school district for which Available Local | ||||||
15 | Resources per pupil
equals or exceeds the product of 1.75 times | ||||||
16 | the Foundation Level, the general
State aid for the school | ||||||
17 | district shall be calculated as the product of $218
multiplied | ||||||
18 | by the Average Daily Attendance of the school
district. | ||||||
19 | (5) The amount of general State aid allocated to a school | ||||||
20 | district for
the 1999-2000 school year meeting the requirements | ||||||
21 | set forth in paragraph (4)
of subsection
(G) shall be increased | ||||||
22 | by an amount equal to the general State aid that
would have | ||||||
23 | been received by the district for the 1998-1999 school year by
| ||||||
24 | utilizing the Extension Limitation Equalized Assessed | ||||||
25 | Valuation as calculated
in paragraph (4) of subsection (G) less | ||||||
26 | the general State aid allotted for the
1998-1999
school year. |
| |||||||
| |||||||
1 | This amount shall be deemed a one time increase, and shall not
| ||||||
2 | affect any future general State aid allocations.
| ||||||
3 | (F) Compilation of Average Daily Attendance. | ||||||
4 | (1) Each school district shall, by July 1 of each year, | ||||||
5 | submit to the State
Board of Education, on forms prescribed by | ||||||
6 | the State Board of Education,
attendance figures for the school | ||||||
7 | year that began in the preceding calendar
year. The attendance | ||||||
8 | information so transmitted shall identify the average
daily | ||||||
9 | attendance figures for each month of the school year. Beginning | ||||||
10 | with
the general State aid claim form for the 2002-2003 school
| ||||||
11 | year, districts shall calculate Average Daily Attendance as | ||||||
12 | provided in
subdivisions (a), (b), and (c) of this paragraph | ||||||
13 | (1). | ||||||
14 | (a) In districts that do not hold year-round classes,
| ||||||
15 | days of attendance in August shall be added to the month of | ||||||
16 | September and any
days of attendance in June shall be added | ||||||
17 | to the month of May. | ||||||
18 | (b) In districts in which all buildings hold year-round | ||||||
19 | classes,
days of attendance in July and August shall be | ||||||
20 | added to the month
of September and any days of attendance | ||||||
21 | in June shall be added to
the month of May. | ||||||
22 | (c) In districts in which some buildings, but not all, | ||||||
23 | hold
year-round classes, for the non-year-round buildings, | ||||||
24 | days of
attendance in August shall be added to the month of | ||||||
25 | September
and any days of attendance in June shall be added |
| |||||||
| |||||||
1 | to the month of
May. The average daily attendance for the | ||||||
2 | year-round buildings
shall be computed as provided in | ||||||
3 | subdivision (b) of this paragraph
(1). To calculate the | ||||||
4 | Average Daily Attendance for the district, the
average | ||||||
5 | daily attendance for the year-round buildings shall be
| ||||||
6 | multiplied by the days in session for the non-year-round | ||||||
7 | buildings
for each month and added to the monthly | ||||||
8 | attendance of the
non-year-round buildings. | ||||||
9 | Except as otherwise provided in this Section, days of
| ||||||
10 | attendance by pupils shall be counted only for sessions of not | ||||||
11 | less than
5 clock hours of school work per day under direct | ||||||
12 | supervision of: (i)
teachers, or (ii) non-teaching personnel or | ||||||
13 | volunteer personnel when engaging
in non-teaching duties and | ||||||
14 | supervising in those instances specified in
subsection (a) of | ||||||
15 | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | ||||||
16 | of legal school age and in kindergarten and grades 1 through | ||||||
17 | 12. Days of attendance by pupils through verified participation | ||||||
18 | in an e-learning program approved by the State Board of | ||||||
19 | Education under Section 10-20.56 of the Code shall be | ||||||
20 | considered as full days of attendance for purposes of this | ||||||
21 | Section. | ||||||
22 | Days of attendance by tuition pupils shall be accredited | ||||||
23 | only to the
districts that pay the tuition to a recognized | ||||||
24 | school. | ||||||
25 | (2) Days of attendance by pupils of less than 5 clock hours | ||||||
26 | of school
shall be subject to the following provisions in the |
| |||||||
| |||||||
1 | compilation of Average
Daily Attendance. | ||||||
2 | (a) Pupils regularly enrolled in a public school for | ||||||
3 | only a part of
the school day may be counted on the basis | ||||||
4 | of 1/6 day for every class hour
of instruction of 40 | ||||||
5 | minutes or more attended pursuant to such enrollment,
| ||||||
6 | unless a pupil is
enrolled in a block-schedule format of 80 | ||||||
7 | minutes or more of instruction,
in which case the pupil may | ||||||
8 | be counted on the basis of the proportion of
minutes of | ||||||
9 | school work completed each day to the minimum number of
| ||||||
10 | minutes that school work is required to be held that day. | ||||||
11 | (b) (Blank). | ||||||
12 | (c) A session of 4 or more clock hours may be counted | ||||||
13 | as a day of
attendance upon certification by the regional | ||||||
14 | superintendent, and
approved by the State Superintendent | ||||||
15 | of Education to the extent that the
district has been | ||||||
16 | forced to use daily multiple sessions. | ||||||
17 | (d) A session of 3 or more clock hours may be counted | ||||||
18 | as a day of
attendance (1) when the remainder of the school | ||||||
19 | day or at least
2 hours in the evening of that day is | ||||||
20 | utilized for an
in-service training program for teachers, | ||||||
21 | up to a maximum of 5 days per
school year, provided a | ||||||
22 | district conducts an in-service
training program for | ||||||
23 | teachers in accordance with Section 10-22.39 of this Code; | ||||||
24 | or, in lieu of 4 such days, 2 full days may
be used, in | ||||||
25 | which event each such day
may be counted as a day required | ||||||
26 | for a legal school calendar pursuant to Section 10-19 of |
| |||||||
| |||||||
1 | this Code; (1.5) when, of the 5 days allowed under item | ||||||
2 | (1), a maximum of 4 days are used for parent-teacher | ||||||
3 | conferences, or, in lieu of 4 such days, 2 full days are | ||||||
4 | used, in which case each such day may be counted as a | ||||||
5 | calendar day required under Section 10-19 of this Code, | ||||||
6 | provided that the full-day, parent-teacher conference | ||||||
7 | consists of (i) a minimum of 5 clock hours of | ||||||
8 | parent-teacher conferences, (ii) both a minimum of 2 clock | ||||||
9 | hours of parent-teacher conferences held in the evening | ||||||
10 | following a full day of student attendance, as specified in | ||||||
11 | subsection (F)(1)(c), and a minimum of 3 clock hours of | ||||||
12 | parent-teacher conferences held on the day immediately | ||||||
13 | following evening parent-teacher conferences, or (iii) | ||||||
14 | multiple parent-teacher conferences held in the evenings | ||||||
15 | following full days of student attendance, as specified in | ||||||
16 | subsection (F)(1)(c), in which the time used for the | ||||||
17 | parent-teacher conferences is equivalent to a minimum of 5 | ||||||
18 | clock hours; and (2) when days in
addition to
those | ||||||
19 | provided in items (1) and (1.5) are scheduled by a school | ||||||
20 | pursuant to its school
improvement plan adopted under | ||||||
21 | Article 34 or its revised or amended school
improvement | ||||||
22 | plan adopted under Article 2, provided that (i) such | ||||||
23 | sessions of
3 or more clock hours are scheduled to occur at | ||||||
24 | regular intervals, (ii) the
remainder of the school days in | ||||||
25 | which such sessions occur are utilized
for in-service | ||||||
26 | training programs or other staff development activities |
| |||||||
| |||||||
1 | for
teachers, and (iii) a sufficient number of minutes of | ||||||
2 | school work under the
direct supervision of teachers are | ||||||
3 | added to the school days between such
regularly scheduled | ||||||
4 | sessions to accumulate not less than the number of minutes
| ||||||
5 | by which such sessions of 3 or more clock hours fall short | ||||||
6 | of 5 clock hours.
Any full days used for the purposes of | ||||||
7 | this paragraph shall not be considered
for
computing | ||||||
8 | average daily attendance. Days scheduled for in-service | ||||||
9 | training
programs, staff development activities, or | ||||||
10 | parent-teacher conferences may be
scheduled separately for | ||||||
11 | different
grade levels and different attendance centers of | ||||||
12 | the district. | ||||||
13 | (e) A session of not less than one clock hour of | ||||||
14 | teaching
hospitalized or homebound pupils on-site or by | ||||||
15 | telephone to the classroom may
be counted as 1/2 day of | ||||||
16 | attendance, however these pupils must receive 4 or
more | ||||||
17 | clock hours of instruction to be counted for a full day of | ||||||
18 | attendance. | ||||||
19 | (f) A session of at least 4 clock hours may be counted | ||||||
20 | as a day of
attendance for first grade pupils, and pupils | ||||||
21 | in full day kindergartens,
and a session of 2 or more hours | ||||||
22 | may be counted as 1/2 day of attendance by
pupils in | ||||||
23 | kindergartens which provide only 1/2 day of attendance. | ||||||
24 | (g) For children with disabilities who are below the | ||||||
25 | age of 6 years and
who
cannot attend 2 or more clock hours | ||||||
26 | because of their disability or
immaturity, a session of not |
| |||||||
| |||||||
1 | less than one clock hour may be counted as 1/2 day
of | ||||||
2 | attendance; however for such children whose educational | ||||||
3 | needs so require
a session of 4 or more clock hours may be | ||||||
4 | counted as a full day of attendance. | ||||||
5 | (h) A recognized kindergarten which provides for only | ||||||
6 | 1/2 day of
attendance by each pupil shall not have more | ||||||
7 | than 1/2 day of attendance
counted in any one day. However, | ||||||
8 | kindergartens may count 2 1/2 days
of
attendance in any 5 | ||||||
9 | consecutive school days. When a pupil attends such a
| ||||||
10 | kindergarten for 2 half days on any one school day, the | ||||||
11 | pupil shall have
the following day as a day absent from | ||||||
12 | school, unless the school district
obtains permission in | ||||||
13 | writing from the State Superintendent of Education.
| ||||||
14 | Attendance at kindergartens which provide for a full day of | ||||||
15 | attendance by
each pupil shall be counted the same as | ||||||
16 | attendance by first grade pupils.
Only the first year of | ||||||
17 | attendance in one kindergarten shall be counted,
except in | ||||||
18 | case of children who entered the kindergarten in their | ||||||
19 | fifth year
whose educational development requires a second | ||||||
20 | year of kindergarten as
determined under the rules and | ||||||
21 | regulations of the State Board of Education. | ||||||
22 | (i) On the days when the assessment that includes a | ||||||
23 | college and career ready determination is
administered | ||||||
24 | under subsection (c) of Section 2-3.64a-5 of this Code, the | ||||||
25 | day
of attendance for a pupil whose school
day must be | ||||||
26 | shortened to accommodate required testing procedures may
|
| |||||||
| |||||||
1 | be less than 5 clock hours and shall be counted towards the | ||||||
2 | 176 days of actual pupil attendance required under Section | ||||||
3 | 10-19 of this Code, provided that a sufficient number of | ||||||
4 | minutes
of school work in excess of 5 clock hours are first | ||||||
5 | completed on other school
days to compensate for the loss | ||||||
6 | of school work on the examination days. | ||||||
7 | (j) Pupils enrolled in a remote educational program | ||||||
8 | established under Section 10-29 of this Code may be counted | ||||||
9 | on the basis of one-fifth day of attendance for every clock | ||||||
10 | hour of instruction attended in the remote educational | ||||||
11 | program, provided that, in any month, the school district | ||||||
12 | may not claim for a student enrolled in a remote | ||||||
13 | educational program more days of attendance than the | ||||||
14 | maximum number of days of attendance the district can claim | ||||||
15 | (i) for students enrolled in a building holding year-round | ||||||
16 | classes if the student is classified as participating in | ||||||
17 | the remote educational program on a year-round schedule or | ||||||
18 | (ii) for students enrolled in a building not holding | ||||||
19 | year-round classes if the student is not classified as | ||||||
20 | participating in the remote educational program on a | ||||||
21 | year-round schedule.
| ||||||
22 | (G) Equalized Assessed Valuation Data. | ||||||
23 | (1) For purposes of the calculation of Available Local | ||||||
24 | Resources required
pursuant to subsection (D), the
State Board | ||||||
25 | of Education shall secure from the Department of
Revenue the |
| |||||||
| |||||||
1 | value as equalized or assessed by the Department of Revenue of
| ||||||
2 | all taxable property of every school district, together with | ||||||
3 | (i) the applicable
tax rate used in extending taxes for the | ||||||
4 | funds of the district as of
September 30 of the previous year
| ||||||
5 | and (ii) the limiting rate for all school
districts subject to | ||||||
6 | property tax extension limitations as imposed under the
| ||||||
7 | Property Tax Extension Limitation Law.
| ||||||
8 | The Department of Revenue shall add to the equalized | ||||||
9 | assessed value of all
taxable
property of each school district | ||||||
10 | situated entirely or partially within a county
that is or was | ||||||
11 | subject to the
provisions of Section 15-176 or 15-177 of the | ||||||
12 | Property Tax Code (a)
an amount equal to the total amount by | ||||||
13 | which the
homestead exemption allowed under Section 15-176 or | ||||||
14 | 15-177 of the Property Tax Code for
real
property situated in | ||||||
15 | that school district exceeds the total amount that would
have | ||||||
16 | been
allowed in that school district if the maximum reduction | ||||||
17 | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in | ||||||
18 | all other counties in tax year 2003 or (ii) $5,000 in all | ||||||
19 | counties in tax year 2004 and thereafter and (b) an amount | ||||||
20 | equal to the aggregate amount for the taxable year of all | ||||||
21 | additional exemptions under Section 15-175 of the Property Tax | ||||||
22 | Code for owners with a household income of $30,000 or less. The | ||||||
23 | county clerk of any county that is or was subject to the | ||||||
24 | provisions of Section 15-176 or 15-177 of the Property Tax Code | ||||||
25 | shall
annually calculate and certify to the Department of | ||||||
26 | Revenue for each school
district all
homestead exemption |
| |||||||
| |||||||
1 | amounts under Section 15-176 or 15-177 of the Property Tax Code | ||||||
2 | and all amounts of additional exemptions under Section 15-175 | ||||||
3 | of the Property Tax Code for owners with a household income of | ||||||
4 | $30,000 or less. It is the intent of this paragraph that if the | ||||||
5 | general homestead exemption for a parcel of property is | ||||||
6 | determined under Section 15-176 or 15-177 of the Property Tax | ||||||
7 | Code rather than Section 15-175, then the calculation of | ||||||
8 | Available Local Resources shall not be affected by the | ||||||
9 | difference, if any, between the amount of the general homestead | ||||||
10 | exemption allowed for that parcel of property under Section | ||||||
11 | 15-176 or 15-177 of the Property Tax Code and the amount that | ||||||
12 | would have been allowed had the general homestead exemption for | ||||||
13 | that parcel of property been determined under Section 15-175 of | ||||||
14 | the Property Tax Code. It is further the intent of this | ||||||
15 | paragraph that if additional exemptions are allowed under | ||||||
16 | Section 15-175 of the Property Tax Code for owners with a | ||||||
17 | household income of less than $30,000, then the calculation of | ||||||
18 | Available Local Resources shall not be affected by the | ||||||
19 | difference, if any, because of those additional exemptions. | ||||||
20 | This equalized assessed valuation, as adjusted further by | ||||||
21 | the requirements of
this subsection, shall be utilized in the | ||||||
22 | calculation of Available Local
Resources. | ||||||
23 | (2) The equalized assessed valuation in paragraph (1) shall | ||||||
24 | be adjusted, as
applicable, in the following manner: | ||||||
25 | (a) For the purposes of calculating State aid under | ||||||
26 | this Section,
with respect to any part of a school district |
| |||||||
| |||||||
1 | within a redevelopment
project area in respect to which a | ||||||
2 | municipality has adopted tax
increment allocation | ||||||
3 | financing pursuant to the Tax Increment Allocation
| ||||||
4 | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | ||||||
5 | of the Illinois
Municipal Code or the Industrial Jobs | ||||||
6 | Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | ||||||
7 | Illinois Municipal Code, no part of the current equalized
| ||||||
8 | assessed valuation of real property located in any such | ||||||
9 | project area which is
attributable to an increase above the | ||||||
10 | total initial equalized assessed
valuation of such | ||||||
11 | property shall be used as part of the equalized assessed
| ||||||
12 | valuation of the district, until such time as all
| ||||||
13 | redevelopment project costs have been paid, as provided in | ||||||
14 | Section 11-74.4-8
of the Tax Increment Allocation | ||||||
15 | Redevelopment Act or in Section 11-74.6-35 of
the | ||||||
16 | Industrial Jobs Recovery Law. For the purpose of
the | ||||||
17 | equalized assessed valuation of the
district, the total | ||||||
18 | initial equalized assessed valuation or the current
| ||||||
19 | equalized assessed valuation, whichever is lower, shall be | ||||||
20 | used until
such time as all redevelopment project costs | ||||||
21 | have been paid. | ||||||
22 | (b) The real property equalized assessed valuation for | ||||||
23 | a school district
shall be adjusted by subtracting from the | ||||||
24 | real property
value as equalized or assessed by the | ||||||
25 | Department of Revenue for the
district an amount computed | ||||||
26 | by dividing the amount of any abatement of
taxes under |
| |||||||
| |||||||
1 | Section 18-170 of the Property Tax Code by 3.00% for a | ||||||
2 | district
maintaining grades kindergarten through 12, by | ||||||
3 | 2.30% for a district
maintaining grades kindergarten | ||||||
4 | through 8, or by 1.05% for a
district
maintaining grades 9 | ||||||
5 | through 12 and adjusted by an amount computed by dividing
| ||||||
6 | the amount of any abatement of taxes under subsection (a) | ||||||
7 | of Section 18-165 of
the Property Tax Code by the same | ||||||
8 | percentage rates for district type as
specified in this | ||||||
9 | subparagraph (b). | ||||||
10 | (3) For the 1999-2000 school year and each school year | ||||||
11 | thereafter, if a
school district meets all of the criteria of | ||||||
12 | this subsection (G)(3), the school
district's Available Local | ||||||
13 | Resources shall be calculated under subsection (D)
using the | ||||||
14 | district's Extension Limitation Equalized Assessed Valuation | ||||||
15 | as
calculated under this
subsection (G)(3). | ||||||
16 | For purposes of this subsection (G)(3) the following terms | ||||||
17 | shall have
the following meanings: | ||||||
18 | "Budget Year": The school year for which general State | ||||||
19 | aid is calculated
and
awarded under subsection (E). | ||||||
20 | "Base Tax Year": The property tax levy year used to | ||||||
21 | calculate the Budget
Year
allocation of general State aid. | ||||||
22 | "Preceding Tax Year": The property tax levy year | ||||||
23 | immediately preceding the
Base Tax Year. | ||||||
24 | "Base Tax Year's Tax Extension": The product of the | ||||||
25 | equalized assessed
valuation utilized by the County Clerk | ||||||
26 | in the Base Tax Year multiplied by the
limiting rate as |
| |||||||
| |||||||
1 | calculated by the County Clerk and defined in the Property | ||||||
2 | Tax
Extension Limitation Law. | ||||||
3 | "Preceding Tax Year's Tax Extension": The product of | ||||||
4 | the equalized assessed
valuation utilized by the County | ||||||
5 | Clerk in the Preceding Tax Year multiplied by
the Operating | ||||||
6 | Tax Rate as defined in subsection (A). | ||||||
7 | "Extension Limitation Ratio": A numerical ratio, | ||||||
8 | certified by the
County Clerk, in which the numerator is | ||||||
9 | the Base Tax Year's Tax
Extension and the denominator is | ||||||
10 | the Preceding Tax Year's Tax Extension. | ||||||
11 | "Operating Tax Rate": The operating tax rate as defined | ||||||
12 | in subsection (A). | ||||||
13 | If a school district is subject to property tax extension | ||||||
14 | limitations as
imposed under
the Property Tax Extension | ||||||
15 | Limitation Law, the State Board of Education shall
calculate | ||||||
16 | the Extension
Limitation
Equalized Assessed Valuation of that | ||||||
17 | district. For the 1999-2000 school
year, the
Extension | ||||||
18 | Limitation Equalized Assessed Valuation of a school district as
| ||||||
19 | calculated by the State Board of Education shall be equal to | ||||||
20 | the product of the
district's 1996 Equalized Assessed Valuation | ||||||
21 | and the district's Extension
Limitation Ratio. Except as | ||||||
22 | otherwise provided in this paragraph for a school district that | ||||||
23 | has approved or does approve an increase in its limiting rate, | ||||||
24 | for the 2000-2001 school year and each school year
thereafter,
| ||||||
25 | the Extension Limitation Equalized Assessed Valuation of a | ||||||
26 | school district as
calculated by the State Board of Education |
| |||||||
| |||||||
1 | shall be equal to the product of
the Equalized Assessed | ||||||
2 | Valuation last used in the calculation of general State
aid and | ||||||
3 | the
district's Extension Limitation Ratio. If the Extension | ||||||
4 | Limitation
Equalized
Assessed Valuation of a school district as | ||||||
5 | calculated under
this subsection (G)(3) is less than the | ||||||
6 | district's equalized assessed valuation
as calculated pursuant | ||||||
7 | to subsections (G)(1) and (G)(2), then for purposes of
| ||||||
8 | calculating the district's general State aid for the Budget | ||||||
9 | Year pursuant to
subsection (E), that Extension
Limitation | ||||||
10 | Equalized Assessed Valuation shall be utilized to calculate the
| ||||||
11 | district's Available Local Resources
under subsection (D). For | ||||||
12 | the 2009-2010 school year and each school year thereafter, if a | ||||||
13 | school district has approved or does approve an increase in its | ||||||
14 | limiting rate, pursuant to Section 18-190 of the Property Tax | ||||||
15 | Code, affecting the Base Tax Year, the Extension Limitation | ||||||
16 | Equalized Assessed Valuation of the school district, as | ||||||
17 | calculated by the State Board of Education, shall be equal to | ||||||
18 | the product of the Equalized Assessed Valuation last used in | ||||||
19 | the calculation of general State aid times an amount equal to | ||||||
20 | one plus the percentage increase, if any, in the Consumer Price | ||||||
21 | Index for all Urban Consumers for all items published by the | ||||||
22 | United States Department of Labor for the 12-month calendar | ||||||
23 | year preceding the Base Tax Year, plus the Equalized Assessed | ||||||
24 | Valuation of new property, annexed property, and recovered tax | ||||||
25 | increment value and minus the Equalized Assessed Valuation of | ||||||
26 | disconnected property. New property and recovered tax |
| |||||||
| |||||||
1 | increment value shall have the meanings set forth in the | ||||||
2 | Property Tax Extension Limitation Law. | ||||||
3 | Partial elementary unit districts created in accordance | ||||||
4 | with Article 11E of this Code shall not be eligible for the | ||||||
5 | adjustment in this subsection (G)(3) until the fifth year | ||||||
6 | following the effective date of the reorganization.
| ||||||
7 | (3.5) For the 2010-2011 school year and each school year | ||||||
8 | thereafter, if a school district's boundaries span multiple | ||||||
9 | counties, then the Department of Revenue shall send to the | ||||||
10 | State Board of Education, for the purpose of calculating | ||||||
11 | general State aid, the limiting rate and individual rates by | ||||||
12 | purpose for the county that contains the majority of the school | ||||||
13 | district's Equalized Assessed Valuation. | ||||||
14 | (4) For the purposes of calculating general State aid for | ||||||
15 | the 1999-2000
school year only, if a school district | ||||||
16 | experienced a triennial reassessment on
the equalized assessed | ||||||
17 | valuation used in calculating its general State
financial aid | ||||||
18 | apportionment for the 1998-1999 school year, the State Board of
| ||||||
19 | Education shall calculate the Extension Limitation Equalized | ||||||
20 | Assessed Valuation
that would have been used to calculate the | ||||||
21 | district's 1998-1999 general State
aid. This amount shall equal | ||||||
22 | the product of the equalized assessed valuation
used to
| ||||||
23 | calculate general State aid for the 1997-1998 school year and | ||||||
24 | the district's
Extension Limitation Ratio. If the Extension | ||||||
25 | Limitation Equalized Assessed
Valuation of the school district | ||||||
26 | as calculated under this paragraph (4) is
less than the |
| |||||||
| |||||||
1 | district's equalized assessed valuation utilized in | ||||||
2 | calculating
the
district's 1998-1999 general State aid | ||||||
3 | allocation, then for purposes of
calculating the district's | ||||||
4 | general State aid pursuant to paragraph (5) of
subsection (E),
| ||||||
5 | that Extension Limitation Equalized Assessed Valuation shall | ||||||
6 | be utilized to
calculate the district's Available Local | ||||||
7 | Resources. | ||||||
8 | (5) For school districts having a majority of their | ||||||
9 | equalized assessed
valuation in any county except Cook, DuPage, | ||||||
10 | Kane, Lake, McHenry, or Will, if
the amount of general State | ||||||
11 | aid allocated to the school district for the
1999-2000 school | ||||||
12 | year under the provisions of subsection (E), (H), and (J) of
| ||||||
13 | this Section is less than the amount of general State aid | ||||||
14 | allocated to the
district for the 1998-1999 school year under | ||||||
15 | these subsections, then the
general
State aid of the district | ||||||
16 | for the 1999-2000 school year only shall be increased
by the | ||||||
17 | difference between these amounts. The total payments made under | ||||||
18 | this
paragraph (5) shall not exceed $14,000,000. Claims shall | ||||||
19 | be prorated if they
exceed $14,000,000.
| ||||||
20 | (H) Supplemental General State Aid. | ||||||
21 | (1) In addition to the general State aid a school district | ||||||
22 | is allotted
pursuant to subsection (E), qualifying school | ||||||
23 | districts shall receive a grant,
paid in conjunction with a | ||||||
24 | district's payments of general State aid, for
supplemental | ||||||
25 | general State aid based upon the concentration level of |
| |||||||
| |||||||
1 | children
from low-income households within the school | ||||||
2 | district.
Supplemental State aid grants provided for school | ||||||
3 | districts under this
subsection shall be appropriated for | ||||||
4 | distribution to school districts as part
of the same line item | ||||||
5 | in which the general State financial aid of school
districts is | ||||||
6 | appropriated under this Section.
| ||||||
7 | (1.5) This paragraph (1.5) applies only to those school | ||||||
8 | years
preceding the 2003-2004 school year.
For purposes of this
| ||||||
9 | subsection (H), the term "Low-Income Concentration Level" | ||||||
10 | shall be the
low-income
eligible pupil count from the most | ||||||
11 | recently available federal census divided by
the Average Daily | ||||||
12 | Attendance of the school district.
If, however, (i) the | ||||||
13 | percentage decrease from the 2 most recent federal
censuses
in | ||||||
14 | the low-income eligible pupil count of a high school district | ||||||
15 | with fewer
than 400 students exceeds by 75% or more the | ||||||
16 | percentage change in the total
low-income eligible pupil count | ||||||
17 | of contiguous elementary school districts,
whose boundaries | ||||||
18 | are coterminous with the high school district,
or (ii) a high | ||||||
19 | school district within 2 counties and serving 5 elementary
| ||||||
20 | school
districts, whose boundaries are coterminous with the | ||||||
21 | high school
district, has a percentage decrease from the 2 most | ||||||
22 | recent federal
censuses in the low-income eligible pupil count | ||||||
23 | and there is a percentage
increase in the total low-income | ||||||
24 | eligible pupil count of a majority of the
elementary school | ||||||
25 | districts in excess of 50% from the 2 most recent
federal | ||||||
26 | censuses, then
the
high school district's low-income eligible |
| |||||||
| |||||||
1 | pupil count from the earlier federal
census
shall be the number | ||||||
2 | used as the low-income eligible pupil count for the high
school | ||||||
3 | district, for purposes of this subsection (H).
The changes made | ||||||
4 | to this paragraph (1) by Public Act 92-28 shall apply to
| ||||||
5 | supplemental general State aid
grants for school years | ||||||
6 | preceding the 2003-2004 school year that are paid
in fiscal | ||||||
7 | year 1999 or thereafter
and to
any State aid payments made in | ||||||
8 | fiscal year 1994 through fiscal year
1998 pursuant to | ||||||
9 | subsection 1(n) of Section 18-8 of this Code (which was
| ||||||
10 | repealed on July 1, 1998), and any high school district that is | ||||||
11 | affected by
Public Act 92-28 is
entitled to a
recomputation of | ||||||
12 | its supplemental general State aid grant or State aid
paid in | ||||||
13 | any of those fiscal years. This recomputation shall not be
| ||||||
14 | affected by any other funding. | ||||||
15 | (1.10) This paragraph (1.10) applies to the 2003-2004 | ||||||
16 | school year
and each school year thereafter through the | ||||||
17 | 2016-2017 school year . For purposes of this subsection (H), the
| ||||||
18 | term "Low-Income Concentration Level" shall, for each fiscal | ||||||
19 | year, be the
low-income eligible
pupil count
as of July 1 of | ||||||
20 | the immediately preceding fiscal year
(as determined by the | ||||||
21 | Department of Human Services based
on the number of pupils
who | ||||||
22 | are eligible for at least one of the following
low income | ||||||
23 | programs: Medicaid, the Children's Health Insurance Program, | ||||||
24 | TANF, or Food Stamps,
excluding pupils who are eligible for | ||||||
25 | services provided by the Department
of Children and Family | ||||||
26 | Services,
averaged over
the 2 immediately preceding fiscal |
| |||||||
| |||||||
1 | years for fiscal year 2004 and over the 3
immediately preceding | ||||||
2 | fiscal years for each fiscal year thereafter)
divided by the | ||||||
3 | Average Daily Attendance of the school district. | ||||||
4 | (2) Supplemental general State aid pursuant to this | ||||||
5 | subsection (H) shall
be
provided as follows for the 1998-1999, | ||||||
6 | 1999-2000, and 2000-2001 school years
only: | ||||||
7 | (a) For any school district with a Low Income | ||||||
8 | Concentration Level of at
least 20% and less than 35%, the | ||||||
9 | grant for any school year
shall be $800
multiplied by the | ||||||
10 | low income eligible pupil count. | ||||||
11 | (b) For any school district with a Low Income | ||||||
12 | Concentration Level of at
least 35% and less than 50%, the | ||||||
13 | grant for the 1998-1999 school year shall be
$1,100 | ||||||
14 | multiplied by the low income eligible pupil count. | ||||||
15 | (c) For any school district with a Low Income | ||||||
16 | Concentration Level of at
least 50% and less than 60%, the | ||||||
17 | grant for the 1998-99 school year shall be
$1,500 | ||||||
18 | multiplied by the low income eligible pupil count. | ||||||
19 | (d) For any school district with a Low Income | ||||||
20 | Concentration Level of 60%
or more, the grant for the | ||||||
21 | 1998-99 school year shall be $1,900 multiplied by
the low | ||||||
22 | income eligible pupil count. | ||||||
23 | (e) For the 1999-2000 school year, the per pupil amount | ||||||
24 | specified in
subparagraphs (b), (c), and (d) immediately | ||||||
25 | above shall be increased to $1,243,
$1,600, and $2,000, | ||||||
26 | respectively. |
| |||||||
| |||||||
1 | (f) For the 2000-2001 school year, the per pupil | ||||||
2 | amounts specified in
subparagraphs (b), (c), and (d) | ||||||
3 | immediately above shall be
$1,273, $1,640, and $2,050, | ||||||
4 | respectively. | ||||||
5 | (2.5) Supplemental general State aid pursuant to this | ||||||
6 | subsection (H)
shall be provided as follows for the 2002-2003 | ||||||
7 | school year: | ||||||
8 | (a) For any school district with a Low Income | ||||||
9 | Concentration Level of less
than 10%, the grant for each | ||||||
10 | school year shall be $355 multiplied by the low
income | ||||||
11 | eligible pupil count. | ||||||
12 | (b) For any school district with a Low Income | ||||||
13 | Concentration
Level of at least 10% and less than 20%, the | ||||||
14 | grant for each school year shall
be $675
multiplied by the | ||||||
15 | low income eligible pupil
count. | ||||||
16 | (c) For any school district with a Low Income | ||||||
17 | Concentration
Level of at least 20% and less than 35%, the | ||||||
18 | grant for each school year shall
be $1,330
multiplied by | ||||||
19 | the low income eligible pupil
count. | ||||||
20 | (d) For any school district with a Low Income | ||||||
21 | Concentration
Level of at least 35% and less than 50%, the | ||||||
22 | grant for each school year shall
be $1,362
multiplied by | ||||||
23 | the low income eligible pupil
count. | ||||||
24 | (e) For any school district with a Low Income | ||||||
25 | Concentration
Level of at least 50% and less than 60%, the | ||||||
26 | grant for each school year shall
be $1,680
multiplied by |
| |||||||
| |||||||
1 | the low income eligible pupil
count. | ||||||
2 | (f) For any school district with a Low Income | ||||||
3 | Concentration
Level of 60% or more, the grant for each | ||||||
4 | school year shall be $2,080
multiplied by the low income | ||||||
5 | eligible pupil count. | ||||||
6 | (2.10) Except as otherwise provided, supplemental general | ||||||
7 | State aid
pursuant to this subsection
(H) shall be provided as | ||||||
8 | follows for the 2003-2004 school year and each
school year | ||||||
9 | thereafter: | ||||||
10 | (a) For any school district with a Low Income | ||||||
11 | Concentration
Level of 15% or less, the grant for each | ||||||
12 | school year
shall be $355 multiplied by the low income | ||||||
13 | eligible pupil count. | ||||||
14 | (b) For any school district with a Low Income | ||||||
15 | Concentration
Level greater than 15%, the grant for each | ||||||
16 | school year shall be
$294.25 added to the product of $2,700 | ||||||
17 | and the square of the Low
Income Concentration Level, all | ||||||
18 | multiplied by the low income
eligible pupil count. | ||||||
19 | For the 2003-2004 school year and each school year | ||||||
20 | thereafter through the 2008-2009 school year only, the grant | ||||||
21 | shall be no less than the
grant
for
the 2002-2003 school year. | ||||||
22 | For the 2009-2010 school year only, the grant shall
be no
less | ||||||
23 | than the grant for the 2002-2003 school year multiplied by | ||||||
24 | 0.66. For the 2010-2011
school year only, the grant shall be no | ||||||
25 | less than the grant for the 2002-2003
school year
multiplied by | ||||||
26 | 0.33. Notwithstanding the provisions of this paragraph to the |
| |||||||
| |||||||
1 | contrary, if for any school year supplemental general State aid | ||||||
2 | grants are prorated as provided in paragraph (1) of this | ||||||
3 | subsection (H), then the grants under this paragraph shall be | ||||||
4 | prorated.
| ||||||
5 | For the 2003-2004 school year only, the grant shall be no | ||||||
6 | greater
than the grant received during the 2002-2003 school | ||||||
7 | year added to the
product of 0.25 multiplied by the difference | ||||||
8 | between the grant amount
calculated under subsection (a) or (b) | ||||||
9 | of this paragraph (2.10), whichever
is applicable, and the | ||||||
10 | grant received during the 2002-2003 school year.
For the | ||||||
11 | 2004-2005 school year only, the grant shall be no greater than
| ||||||
12 | the grant received during the 2002-2003 school year added to | ||||||
13 | the
product of 0.50 multiplied by the difference between the | ||||||
14 | grant amount
calculated under subsection (a) or (b) of this | ||||||
15 | paragraph (2.10), whichever
is applicable, and the grant | ||||||
16 | received during the 2002-2003 school year.
For the 2005-2006 | ||||||
17 | school year only, the grant shall be no greater than
the grant | ||||||
18 | received during the 2002-2003 school year added to the
product | ||||||
19 | of 0.75 multiplied by the difference between the grant amount
| ||||||
20 | calculated under subsection (a) or (b) of this paragraph | ||||||
21 | (2.10), whichever
is applicable, and the grant received during | ||||||
22 | the 2002-2003
school year. | ||||||
23 | (3) School districts with an Average Daily Attendance of | ||||||
24 | more than 1,000
and less than 50,000 that qualify for | ||||||
25 | supplemental general State aid pursuant
to this subsection | ||||||
26 | shall submit a plan to the State Board of Education prior to
|
| |||||||
| |||||||
1 | October 30 of each year for the use of the funds resulting from | ||||||
2 | this grant of
supplemental general State aid for the | ||||||
3 | improvement of
instruction in which priority is given to | ||||||
4 | meeting the education needs of
disadvantaged children. Such | ||||||
5 | plan shall be submitted in accordance with
rules and | ||||||
6 | regulations promulgated by the State Board of Education. | ||||||
7 | (4) School districts with an Average Daily Attendance of | ||||||
8 | 50,000 or more
that qualify for supplemental general State aid | ||||||
9 | pursuant to this subsection
shall be required to distribute | ||||||
10 | from funds available pursuant to this Section,
no less than | ||||||
11 | $261,000,000 in accordance with the following requirements: | ||||||
12 | (a) The required amounts shall be distributed to the | ||||||
13 | attendance centers
within the district in proportion to the | ||||||
14 | number of pupils enrolled at each
attendance center who are | ||||||
15 | eligible to receive free or reduced-price lunches or
| ||||||
16 | breakfasts under the federal Child Nutrition Act of 1966 | ||||||
17 | and under the National
School Lunch Act during the | ||||||
18 | immediately preceding school year. | ||||||
19 | (b) The distribution of these portions of supplemental | ||||||
20 | and general State
aid among attendance centers according to | ||||||
21 | these requirements shall not be
compensated for or | ||||||
22 | contravened by adjustments of the total of other funds
| ||||||
23 | appropriated to any attendance centers, and the Board of | ||||||
24 | Education shall
utilize funding from one or several sources | ||||||
25 | in order to fully implement this
provision annually prior | ||||||
26 | to the opening of school. |
| |||||||
| |||||||
1 | (c) Each attendance center shall be provided by the
| ||||||
2 | school district a distribution of noncategorical funds and | ||||||
3 | other
categorical funds to which an attendance center is | ||||||
4 | entitled under law in
order that the general State aid and | ||||||
5 | supplemental general State aid provided
by application of | ||||||
6 | this subsection supplements rather than supplants the
| ||||||
7 | noncategorical funds and other categorical funds provided | ||||||
8 | by the school
district to the attendance centers. | ||||||
9 | (d) Any funds made available under this subsection that | ||||||
10 | by reason of the
provisions of this subsection are not
| ||||||
11 | required to be allocated and provided to attendance centers | ||||||
12 | may be used and
appropriated by the board of the district | ||||||
13 | for any lawful school purpose. | ||||||
14 | (e) Funds received by an attendance center
pursuant to | ||||||
15 | this
subsection shall be used
by the attendance center at | ||||||
16 | the discretion
of the principal and local school council | ||||||
17 | for programs to improve educational
opportunities at | ||||||
18 | qualifying schools through the following programs and
| ||||||
19 | services: early childhood education, reduced class size or | ||||||
20 | improved adult to
student classroom ratio, enrichment | ||||||
21 | programs, remedial assistance, attendance
improvement, and | ||||||
22 | other educationally beneficial expenditures which
| ||||||
23 | supplement
the regular and basic programs as determined by | ||||||
24 | the State Board of Education.
Funds provided shall not be | ||||||
25 | expended for any political or lobbying purposes
as defined | ||||||
26 | by board rule. |
| |||||||
| |||||||
1 | (f) Each district subject to the provisions of this | ||||||
2 | subdivision (H)(4)
shall submit an
acceptable plan to meet | ||||||
3 | the educational needs of disadvantaged children, in
| ||||||
4 | compliance with the requirements of this paragraph, to the | ||||||
5 | State Board of
Education prior to July 15 of each year. | ||||||
6 | This plan shall be consistent with the
decisions of local | ||||||
7 | school councils concerning the school expenditure plans
| ||||||
8 | developed in accordance with part 4 of Section 34-2.3. The | ||||||
9 | State Board shall
approve or reject the plan within 60 days | ||||||
10 | after its submission. If the plan is
rejected, the district | ||||||
11 | shall give written notice of intent to modify the plan
| ||||||
12 | within 15 days of the notification of rejection and then | ||||||
13 | submit a modified plan
within 30 days after the date of the | ||||||
14 | written notice of intent to modify.
Districts may amend | ||||||
15 | approved plans pursuant to rules promulgated by the State
| ||||||
16 | Board of Education. | ||||||
17 | Upon notification by the State Board of Education that | ||||||
18 | the district has
not submitted a plan prior to July 15 or a | ||||||
19 | modified plan within the time
period specified herein, the
| ||||||
20 | State aid funds affected by that plan or modified plan | ||||||
21 | shall be withheld by the
State Board of Education until a | ||||||
22 | plan or modified plan is submitted. | ||||||
23 | If the district fails to distribute State aid to | ||||||
24 | attendance centers in
accordance with an approved plan, the | ||||||
25 | plan for the following year shall
allocate funds, in | ||||||
26 | addition to the funds otherwise required by this
|
| |||||||
| |||||||
1 | subsection, to those attendance centers which were | ||||||
2 | underfunded during the
previous year in amounts equal to | ||||||
3 | such underfunding. | ||||||
4 | For purposes of determining compliance with this | ||||||
5 | subsection in relation
to the requirements of attendance | ||||||
6 | center funding, each district subject to the
provisions of | ||||||
7 | this
subsection shall submit as a separate document by | ||||||
8 | December 1 of each year a
report of expenditure data for | ||||||
9 | the prior year in addition to any
modification of its | ||||||
10 | current plan. If it is determined that there has been
a | ||||||
11 | failure to comply with the expenditure provisions of this | ||||||
12 | subsection
regarding contravention or supplanting, the | ||||||
13 | State Superintendent of
Education shall, within 60 days of | ||||||
14 | receipt of the report, notify the
district and any affected | ||||||
15 | local school council. The district shall within
45 days of | ||||||
16 | receipt of that notification inform the State | ||||||
17 | Superintendent of
Education of the remedial or corrective | ||||||
18 | action to be taken, whether by
amendment of the current | ||||||
19 | plan, if feasible, or by adjustment in the plan
for the | ||||||
20 | following year. Failure to provide the expenditure report | ||||||
21 | or the
notification of remedial or corrective action in a | ||||||
22 | timely manner shall
result in a withholding of the affected | ||||||
23 | funds. | ||||||
24 | The State Board of Education shall promulgate rules and | ||||||
25 | regulations
to implement the provisions of this | ||||||
26 | subsection. No funds shall be released
under this |
| |||||||
| |||||||
1 | subdivision (H)(4) to any district that has not submitted a | ||||||
2 | plan
that has been approved by the State Board of | ||||||
3 | Education.
| ||||||
4 | (I) (Blank).
| ||||||
5 | (J) (Blank).
| ||||||
6 | (K) Grants to Laboratory and Alternative Schools. | ||||||
7 | In calculating the amount to be paid to the governing board | ||||||
8 | of a public
university that operates a laboratory school under | ||||||
9 | this Section or to any
alternative school that is operated by a | ||||||
10 | regional superintendent of schools,
the State
Board of | ||||||
11 | Education shall require by rule such reporting requirements as | ||||||
12 | it
deems necessary. | ||||||
13 | As used in this Section, "laboratory school" means a public | ||||||
14 | school which is
created and operated by a public university and | ||||||
15 | approved by the State Board of
Education. The governing board | ||||||
16 | of a public university which receives funds
from the State | ||||||
17 | Board under this subsection (K) or subsection (g) of Section | ||||||
18 | 18-8.15 of this Code may not increase the number of
students | ||||||
19 | enrolled in its laboratory
school from a single district, if | ||||||
20 | that district is already sending 50 or more
students, except | ||||||
21 | under a mutual agreement between the school board of a
| ||||||
22 | student's district of residence and the university which | ||||||
23 | operates the
laboratory school. A laboratory school may not |
| |||||||
| |||||||
1 | have more than 1,000 students,
excluding students with | ||||||
2 | disabilities in a special education program. | ||||||
3 | As used in this Section, "alternative school" means a | ||||||
4 | public school which is
created and operated by a Regional | ||||||
5 | Superintendent of Schools and approved by
the State Board of | ||||||
6 | Education. Such alternative schools may offer courses of
| ||||||
7 | instruction for which credit is given in regular school | ||||||
8 | programs, courses to
prepare students for the high school | ||||||
9 | equivalency testing program or vocational
and occupational | ||||||
10 | training. A regional superintendent of schools may contract
| ||||||
11 | with a school district or a public community college district | ||||||
12 | to operate an
alternative school. An alternative school serving | ||||||
13 | more than one educational
service region may be established by | ||||||
14 | the regional superintendents of schools
of the affected | ||||||
15 | educational service regions. An alternative school
serving | ||||||
16 | more than one educational service region may be operated under | ||||||
17 | such
terms as the regional superintendents of schools of those | ||||||
18 | educational service
regions may agree. | ||||||
19 | Each laboratory and alternative school shall file, on forms | ||||||
20 | provided by the
State Superintendent of Education, an annual | ||||||
21 | State aid claim which states the
Average Daily Attendance of | ||||||
22 | the school's students by month. The best 3 months'
Average | ||||||
23 | Daily Attendance shall be computed for each school.
The general | ||||||
24 | State aid entitlement shall be computed by multiplying the
| ||||||
25 | applicable Average Daily Attendance by the Foundation Level as | ||||||
26 | determined under
this Section.
|
| |||||||
| |||||||
1 | (L) Payments, Additional Grants in Aid and Other Requirements. | ||||||
2 | (1) For a school district operating under the financial | ||||||
3 | supervision
of an Authority created under Article 34A, the | ||||||
4 | general State aid otherwise
payable to that district under this | ||||||
5 | Section, but not the supplemental general
State aid, shall be | ||||||
6 | reduced by an amount equal to the budget for
the operations of | ||||||
7 | the Authority as certified by the Authority to the State
Board | ||||||
8 | of Education, and an amount equal to such reduction shall be | ||||||
9 | paid
to the Authority created for such district for its | ||||||
10 | operating expenses in
the manner provided in Section 18-11. The | ||||||
11 | remainder
of general State school aid for any such district | ||||||
12 | shall be paid in accordance
with Article 34A when that Article | ||||||
13 | provides for a disposition other than that
provided by this | ||||||
14 | Article. | ||||||
15 | (2) (Blank). | ||||||
16 | (3) Summer school. Summer school payments shall be made as | ||||||
17 | provided in
Section 18-4.3.
| ||||||
18 | (M) (Blank). Education Funding Advisory Board. | ||||||
19 | The Education Funding Advisory
Board, hereinafter in this | ||||||
20 | subsection (M) referred to as the "Board", is hereby
created. | ||||||
21 | The Board
shall consist of 5 members who are appointed by the | ||||||
22 | Governor, by and with the
advice and consent of the Senate. The | ||||||
23 | members appointed shall include
representatives of education, | ||||||
24 | business, and the general public. One of the
members so |
| |||||||
| |||||||
1 | appointed shall be
designated by the Governor at the time the | ||||||
2 | appointment is made as the
chairperson of the
Board.
The | ||||||
3 | initial members of the Board may
be appointed any time after | ||||||
4 | the effective date of this amendatory Act of
1997. The regular | ||||||
5 | term of each member of the
Board shall be for 4 years from the | ||||||
6 | third Monday of January of the
year in which the term of the | ||||||
7 | member's appointment is to commence, except that
of the 5 | ||||||
8 | initial members appointed to serve on the
Board, the member who | ||||||
9 | is appointed as the chairperson shall serve for
a term that | ||||||
10 | commences on the date of his or her appointment and expires on | ||||||
11 | the
third Monday of January, 2002, and the remaining 4 members, | ||||||
12 | by lots drawn at
the first meeting of the Board that is
held
| ||||||
13 | after all 5 members are appointed, shall determine 2 of their | ||||||
14 | number to serve
for terms that commence on the date of their
| ||||||
15 | respective appointments and expire on the third
Monday of | ||||||
16 | January, 2001,
and 2 of their number to serve for terms that | ||||||
17 | commence
on the date of their respective appointments and | ||||||
18 | expire on the third Monday
of January, 2000. All members | ||||||
19 | appointed to serve on the
Board shall serve until their | ||||||
20 | respective successors are
appointed and confirmed. Vacancies | ||||||
21 | shall be filled in the same manner as
original appointments. If | ||||||
22 | a vacancy in membership occurs at a time when the
Senate is not | ||||||
23 | in session, the Governor shall make a temporary appointment | ||||||
24 | until
the next meeting of the Senate, when he or she shall | ||||||
25 | appoint, by and with the
advice and consent of the Senate, a | ||||||
26 | person to fill that membership for the
unexpired term. If the |
| |||||||
| |||||||
1 | Senate is not in session when the initial appointments
are | ||||||
2 | made, those appointments shall
be made as in the case of | ||||||
3 | vacancies. | ||||||
4 | The Education Funding Advisory Board shall be deemed | ||||||
5 | established,
and the initial
members appointed by the Governor | ||||||
6 | to serve as members of the
Board shall take office,
on the date | ||||||
7 | that the
Governor makes his or her appointment of the fifth | ||||||
8 | initial member of the
Board, whether those initial members are | ||||||
9 | then serving
pursuant to appointment and confirmation or | ||||||
10 | pursuant to temporary appointments
that are made by the | ||||||
11 | Governor as in the case of vacancies. | ||||||
12 | The State Board of Education shall provide such staff | ||||||
13 | assistance to the
Education Funding Advisory Board as is | ||||||
14 | reasonably required for the proper
performance by the Board of | ||||||
15 | its responsibilities. | ||||||
16 | For school years after the 2000-2001 school year, the | ||||||
17 | Education
Funding Advisory Board, in consultation with the | ||||||
18 | State Board of Education,
shall make recommendations as | ||||||
19 | provided in this subsection (M) to the General
Assembly for the | ||||||
20 | foundation level under subdivision (B)(3) of this Section and
| ||||||
21 | for the
supplemental general State aid grant level under | ||||||
22 | subsection (H) of this Section
for districts with high | ||||||
23 | concentrations of children from poverty. The
recommended | ||||||
24 | foundation level shall be determined based on a methodology | ||||||
25 | which
incorporates the basic education expenditures of | ||||||
26 | low-spending schools
exhibiting high academic performance. The |
| |||||||
| |||||||
1 | Education Funding Advisory Board
shall make such | ||||||
2 | recommendations to the General Assembly on January 1 of odd
| ||||||
3 | numbered years, beginning January 1, 2001.
| ||||||
4 | (N) (Blank).
| ||||||
5 | (O) References. | ||||||
6 | (1) References in other laws to the various subdivisions of
| ||||||
7 | Section 18-8 as that Section existed before its repeal and | ||||||
8 | replacement by this
Section 18-8.05 shall be deemed to refer to | ||||||
9 | the corresponding provisions of
this Section 18-8.05, to the | ||||||
10 | extent that those references remain applicable. | ||||||
11 | (2) References in other laws to State Chapter 1 funds shall | ||||||
12 | be deemed to
refer to the supplemental general State aid | ||||||
13 | provided under subsection (H) of
this Section. | ||||||
14 | (P) Public Act 93-838 and Public Act 93-808 make inconsistent | ||||||
15 | changes to this Section. Under Section 6 of the Statute on | ||||||
16 | Statutes there is an irreconcilable conflict between Public Act | ||||||
17 | 93-808 and Public Act 93-838. Public Act 93-838, being the last | ||||||
18 | acted upon, is controlling. The text of Public Act 93-838 is | ||||||
19 | the law regardless of the text of Public Act 93-808. | ||||||
20 | (Q) State Fiscal Year 2015 Payments. | ||||||
21 | For payments made for State fiscal year 2015, the State | ||||||
22 | Board of Education shall, for each school district, calculate |
| |||||||
| |||||||
1 | that district's pro-rata share of a minimum sum of $13,600,000 | ||||||
2 | or additional amounts as needed from the total net General | ||||||
3 | State Aid funding as calculated under this Section that shall | ||||||
4 | be deemed attributable to the provision of special educational | ||||||
5 | facilities and services, as defined in Section 14-1.08 of this | ||||||
6 | Code, in a manner that ensures compliance with maintenance of | ||||||
7 | State financial support requirements under the federal | ||||||
8 | Individuals with Disabilities Education Act. Each school | ||||||
9 | district must use such funds only for the provision of special | ||||||
10 | educational facilities and services, as defined in Section | ||||||
11 | 14-1.08 of this Code, and must comply with any expenditure | ||||||
12 | verification procedures adopted by the State Board of | ||||||
13 | Education. | ||||||
14 | (R) State Fiscal Year 2016 Payments. | ||||||
15 | For payments made for State fiscal year 2016, the State | ||||||
16 | Board of Education shall, for each school district, calculate | ||||||
17 | that district's pro rata share of a minimum sum of $1 or | ||||||
18 | additional amounts as needed from the total net General State | ||||||
19 | Aid funding as calculated under this Section that shall be | ||||||
20 | deemed attributable to the provision of special educational | ||||||
21 | facilities and services, as defined in Section 14-1.08 of this | ||||||
22 | Code, in a manner that ensures compliance with maintenance of | ||||||
23 | State financial support requirements under the federal | ||||||
24 | Individuals with Disabilities Education Act. Each school | ||||||
25 | district must use such funds only for the provision of special |
| |||||||
| |||||||
1 | educational facilities and services, as defined in Section | ||||||
2 | 14-1.08 of this Code, and must comply with any expenditure | ||||||
3 | verification procedures adopted by the State Board of | ||||||
4 | Education. | ||||||
5 | (Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194, | ||||||
6 | eff. 7-30-15; 99-523, eff. 6-30-16.) | ||||||
7 | (105 ILCS 5/18-8.10) | ||||||
8 | Sec. 18-8.10. Fast growth grants.
| ||||||
9 | (a) If there has been an increase in a school district's | ||||||
10 | student population over the most recent 2 school years of (i) | ||||||
11 | over 1.5% in a district with over 10,000 pupils in average | ||||||
12 | daily attendance (as defined in Section 18-8.05 or 18-8.15 of | ||||||
13 | this Code) or (ii) over 7.5% in any other district, then the | ||||||
14 | district is eligible for a grant under this Section, subject to | ||||||
15 | appropriation. | ||||||
16 | (b) The State Board of Education shall determine a per | ||||||
17 | pupil grant amount for each school district. The total grant | ||||||
18 | amount for a district for any given school year shall equal the | ||||||
19 | per pupil grant amount multiplied by the difference between the | ||||||
20 | number of pupils in average daily attendance for the 2 most | ||||||
21 | recent school years. | ||||||
22 | (c) Funds for grants under this Section must be | ||||||
23 | appropriated to the State Board of Education in a separate line | ||||||
24 | item for this purpose. If the amount appropriated in any fiscal | ||||||
25 | year is insufficient to pay all grants for a school year, then |
| |||||||
| |||||||
1 | the amount appropriated shall be prorated among eligible | ||||||
2 | districts. As soon as possible after funds have been | ||||||
3 | appropriated to the State Board of Education, the State Board | ||||||
4 | of Education shall distribute the grants to eligible districts. | ||||||
5 | (d) If a school district intentionally reports incorrect | ||||||
6 | average daily attendance numbers to receive a grant under this | ||||||
7 | Section, then the district shall be denied State aid in the | ||||||
8 | same manner as State aid is denied for intentional incorrect | ||||||
9 | reporting of average daily attendance numbers under Section | ||||||
10 | 18-8.05 or 18-8.15 of this Code.
| ||||||
11 | (Source: P.A. 93-1042, eff. 10-8-04.) | ||||||
12 | (105 ILCS 5/18-8.15 new) | ||||||
13 | Sec. 18-8.15. Evidence-based funding for student success | ||||||
14 | for the 2017-2018 and subsequent school years. | ||||||
15 | (a) General provisions. | ||||||
16 | (1) The purpose of this Section is to ensure that, by June | ||||||
17 | 30, 2027 and beyond, this State has a kindergarten through | ||||||
18 | grade 12 public education system with the capacity to ensure | ||||||
19 | the educational development of all persons to the limits of | ||||||
20 | their capacities in accordance with Section 1 of Article X of | ||||||
21 | the Constitution of the State of Illinois. To accomplish that | ||||||
22 | objective, this Section creates a method of funding public | ||||||
23 | education that is evidence-based; is sufficient to ensure every | ||||||
24 | student receives a meaningful opportunity to learn | ||||||
25 | irrespective of race, ethnicity, sexual orientation, gender, |
| |||||||
| |||||||
1 | or community-income level; and is sustainable and predictable. | ||||||
2 | When fully funded under this Section, every school shall have | ||||||
3 | the resources, based on what the evidence indicates is needed, | ||||||
4 | to: | ||||||
5 | (A) provide all students with a high quality education | ||||||
6 | that offers the academic, enrichment, social and emotional | ||||||
7 | support, technical, and career-focused programs that will | ||||||
8 | allow them to become competitive workers, responsible | ||||||
9 | parents, productive citizens of this State, and active | ||||||
10 | members of our national democracy; | ||||||
11 | (B) ensure all students receive the education they need | ||||||
12 | to graduate from high school with the skills required to | ||||||
13 | pursue post-secondary education and training for a | ||||||
14 | rewarding career; | ||||||
15 | (C) reduce, with a goal of eliminating, the achievement | ||||||
16 | gap between at-risk and non-at-risk students by raising the | ||||||
17 | performance of at-risk students and not by reducing | ||||||
18 | standards; and | ||||||
19 | (D) ensure this State satisfies its obligation to | ||||||
20 | assume the primary responsibility to fund public education | ||||||
21 | and simultaneously relieve the disproportionate burden | ||||||
22 | placed on local property taxes to fund schools. | ||||||
23 | (2) The evidence-based funding formula under this Section | ||||||
24 | shall be applied to all Organizational Units in this State. As | ||||||
25 | further defined and described in this Section, there are 4 | ||||||
26 | major components of the evidence-based funding model: |
| |||||||
| |||||||
1 | (A) First, the model calculates a unique adequacy | ||||||
2 | target for each Organizational Unit in this State that | ||||||
3 | considers the costs to implement research-based | ||||||
4 | activities, the unit's student demographics, and regional | ||||||
5 | wage difference. | ||||||
6 | (B) Second, the model calculates each Organizational | ||||||
7 | Unit's local capacity, or the amount each Organizational | ||||||
8 | Unit is assumed to contribute towards its adequacy target | ||||||
9 | from local resources. | ||||||
10 | (C) Third, the model calculates how much funding the | ||||||
11 | State currently contributes to the Organizational Unit, | ||||||
12 | and adds that to the unit's local capacity to determine the | ||||||
13 | unit's overall current adequacy of funding. | ||||||
14 | (D) Finally, the model's distribution method allocates | ||||||
15 | new State funding to those Organizational Units that are | ||||||
16 | least well-funded, considering both local capacity and | ||||||
17 | State funding, in relation to their adequacy target. | ||||||
18 | (3) An Organizational Unit receiving any funding under this | ||||||
19 | Section may apply those funds to any fund so received for which | ||||||
20 | that Organizational Unit is authorized to make expenditures by | ||||||
21 | law. | ||||||
22 | (4) As used in this Section, the following terms shall have | ||||||
23 | the meanings ascribed in this paragraph (4): | ||||||
24 | "Adequacy Target" is defined in paragraph (1) of subsection | ||||||
25 | (b) of this Section. | ||||||
26 | "Adjusted EAV" is defined in paragraph (4) of subsection |
| |||||||
| |||||||
1 | (d) of this Section. | ||||||
2 | "Adjusted Local Capacity Target" is defined in paragraph | ||||||
3 | (3) of subsection (c) of this Section. | ||||||
4 | "Allocation Rate" is defined in paragraph (3) of subsection | ||||||
5 | (g) of this Section. | ||||||
6 | "Alternative School" means a public school that is created | ||||||
7 | and operated by a regional superintendent of schools and | ||||||
8 | approved by the State Board. | ||||||
9 | "Applicable Tax Rate" is defined in paragraph (1) of | ||||||
10 | subsection (d) of this Section. | ||||||
11 | "Assessment" means any of those benchmark, progress | ||||||
12 | monitoring, formative, diagnostic, and other assessments, in | ||||||
13 | addition to the State accountability assessment, that assist | ||||||
14 | teachers' needs in understanding the skills and meeting the | ||||||
15 | needs of the students they serve. | ||||||
16 | "Assistant principal" means a school administrator duly | ||||||
17 | endorsed to be employed as an assistant principal in this | ||||||
18 | State. | ||||||
19 | "At-risk student" means a student who is at risk of not | ||||||
20 | meeting the Illinois Learning Standards or not graduating from | ||||||
21 | elementary or high school and who demonstrates a need for | ||||||
22 | vocational support or social services beyond that provided by | ||||||
23 | the regular school program. All students included in an | ||||||
24 | Organizational Unit's Low-Income Count, as well as all EL and | ||||||
25 | disabled students attending the Organizational Unit, shall be | ||||||
26 | considered at-risk students under this Section. |
| |||||||
| |||||||
1 | "Average Student Enrollment" or "ASE" means, for an | ||||||
2 | Organizational Unit in a given school year, the greater of the | ||||||
3 | average number of students (grades K through 12) reported to | ||||||
4 | the State Board as enrolled in the Organizational Unit on | ||||||
5 | October 1 and March 1, plus the special education | ||||||
6 | pre-kindergarten students with services of at least more than 2 | ||||||
7 | hours a day as reported to the State Board on December 1, in | ||||||
8 | the immediately preceding school year or the average number of | ||||||
9 | students (grades K through 12) reported to the State Board as | ||||||
10 | enrolled in the Organizational Unit on October 1 and March 1, | ||||||
11 | plus the special education pre-kindergarten students with | ||||||
12 | services of
at least more than 2 hours a day as reported to the | ||||||
13 | State Board on December 1, for each of the immediately | ||||||
14 | preceding 3 school years. For the purposes of this definition, | ||||||
15 | "enrolled in the Organizational Unit" means the number of | ||||||
16 | students reported to the State Board who are enrolled in | ||||||
17 | schools within the Organizational Unit that the student attends | ||||||
18 | or would attend if not placed or transferred to another school | ||||||
19 | or program to receive needed services. For the purposes of | ||||||
20 | calculating "ASE", all students, grades K through 12, including | ||||||
21 | those attending kindergarten for a half day, shall be counted | ||||||
22 | as 1.0. Special education pre-kindergarten students shall be | ||||||
23 | counted as 0.5 each. If the State Board does not collect or has | ||||||
24 | not collected both an October 1 and March 1 enrollment count by | ||||||
25 | grade or a December 1 collection of special education | ||||||
26 | pre-kindergarten students as of the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of the 100th General Assembly, it shall | ||||||
2 | establish such collection for all future years. For any year | ||||||
3 | where a count by grade level was collected only once, that | ||||||
4 | count shall be used as the single count available for computing | ||||||
5 | a 3-year average ASE. School districts shall submit the data | ||||||
6 | for the ASE calculation to the State Board within 45 days of | ||||||
7 | the dates required in this Section for submission of enrollment | ||||||
8 | data in order for it to be included in the ASE calculation. | ||||||
9 | "Base Funding Guarantee" is defined in paragraph (7) of | ||||||
10 | subsection (g) of this Section. | ||||||
11 | "Base Funding Minimum" is defined in subsection (e) of this | ||||||
12 | Section. | ||||||
13 | "Base Tax Year" means the property tax levy year used to | ||||||
14 | calculate the Budget Year allocation of primary State aid. | ||||||
15 | "Base Tax Year's Extension" means the product of the | ||||||
16 | equalized assessed valuation utilized by the county clerk in | ||||||
17 | the Base Tax Year multiplied by the limiting rate as calculated | ||||||
18 | by the county clerk and defined in PTELL. | ||||||
19 | "Budget Year" means the school year for which primary State | ||||||
20 | aid is calculated and awarded under this Section. | ||||||
21 | "Central office" means individual administrators and | ||||||
22 | support service personnel charged with managing the | ||||||
23 | instructional programs, business and operations, and security | ||||||
24 | of the Organizational Unit. | ||||||
25 | "Comparable Wage Index" or "CWI" means a regional cost | ||||||
26 | differentiation metric that measures systemic, regional |
| |||||||
| |||||||
1 | variations in the salaries of college graduates who are not | ||||||
2 | educators. The CWI utilized for this Section shall, for the | ||||||
3 | first 3 years of Evidence-Based Funding implementation, be the | ||||||
4 | CWI initially developed by the National Center for Education | ||||||
5 | Statistics, as most recently updated by Texas A & M University. | ||||||
6 | In the fourth and subsequent years of Evidence-Based Funding | ||||||
7 | implementation, the State Superintendent shall re-determine | ||||||
8 | the CWI using a similar methodology to that identified in the | ||||||
9 | Texas A & M University study, with adjustments made no less | ||||||
10 | frequently than once every 5 years. | ||||||
11 | "Computer technology and equipment" means computers | ||||||
12 | servers, notebooks, network equipment, copiers, printers, | ||||||
13 | instructional software, security software, curriculum | ||||||
14 | management courseware, and other similar materials and | ||||||
15 | equipment. | ||||||
16 | "Core subject" means mathematics; science; reading, | ||||||
17 | English, writing, and language arts; history and social | ||||||
18 | studies; world languages; and subjects taught as Advanced | ||||||
19 | Placement in high schools. | ||||||
20 | "Core teacher" means a regular classroom teacher in | ||||||
21 | elementary schools and teachers of a core subject in middle and | ||||||
22 | high schools. | ||||||
23 | "Core Intervention teacher (tutor)" means a licensed | ||||||
24 | teacher providing one-on-one or small group tutoring to | ||||||
25 | students struggling to meet proficiency in core subjects. | ||||||
26 | "CPPRT" means corporate personal property replacement tax |
| |||||||
| |||||||
1 | funds paid to an Organizational Unit during the calendar year | ||||||
2 | one year before the calendar year in which a school year | ||||||
3 | begins, pursuant to "An Act in relation to the abolition of ad | ||||||
4 | valorem personal property tax and the replacement of revenues | ||||||
5 | lost thereby, and amending and repealing certain Acts and parts | ||||||
6 | of Acts in connection therewith", certified August 14, 1979, as | ||||||
7 | amended (Public Act 81-1st S.S.-1). | ||||||
8 | "EAV" means equalized assessed valuation as defined in | ||||||
9 | paragraph (2) of subsection (d) of this Section and calculated | ||||||
10 | in accordance with paragraph (3) of subsection (d) of this | ||||||
11 | Section. | ||||||
12 | "ECI" means the Bureau of Labor Statistics' national | ||||||
13 | employment cost index for civilian workers in educational | ||||||
14 | services in elementary and secondary schools on a cumulative | ||||||
15 | basis for the 12-month calendar year preceding the fiscal year | ||||||
16 | of the Evidence-Based Funding calculation. | ||||||
17 | "EIS Data" means the employment information system data | ||||||
18 | maintained by the State Board on educators within | ||||||
19 | Organizational Units. | ||||||
20 | "Employee benefits" means health, dental, and vision | ||||||
21 | insurance offered to employees of an Organizational Unit, the | ||||||
22 | costs associated with statutorily required payment of the | ||||||
23 | normal cost of the Organizational Unit's teacher pensions, | ||||||
24 | Social Security employer contributions, and Illinois Municipal | ||||||
25 | Retirement Fund employer contributions. | ||||||
26 | "English learner" or "EL" means a child included in the |
| |||||||
| |||||||
1 | definition of "English learners" under Section 14C-2 of this | ||||||
2 | Code participating in a program of transitional bilingual | ||||||
3 | education or a transitional program of instruction meeting the | ||||||
4 | requirements and program application procedures of Article 14C | ||||||
5 | of this Code. For the purposes of collecting the number of EL | ||||||
6 | students enrolled, the same collection and calculation | ||||||
7 | methodology as defined above for "ASE" shall apply to English | ||||||
8 | learners. | ||||||
9 | "Essential Elements" means those elements, resources, and | ||||||
10 | educational programs that have been identified through | ||||||
11 | academic research as necessary to improve student success, | ||||||
12 | improve academic performance, close achievement gaps, and | ||||||
13 | provide for other per student costs related to the delivery and | ||||||
14 | leadership of the Organizational Unit, as well as the | ||||||
15 | maintenance and operations of the unit, and which are specified | ||||||
16 | in paragraph (2) of subsection (b) of this Section. | ||||||
17 | "Evidence-Based Funding" means State funding provided to | ||||||
18 | an Organizational Unit pursuant to this Section. | ||||||
19 | "Extended day" means academic and enrichment programs | ||||||
20 | provided to students outside the regular school day before and | ||||||
21 | after school or during non-instructional times during the | ||||||
22 | school day. | ||||||
23 | "Extension Limitation Ratio" means a numerical ratio in | ||||||
24 | which the numerator is the Base Tax Year's Extension and the | ||||||
25 | denominator is the Preceding Tax Year's Extension. | ||||||
26 | "Final Percent of Adequacy" is defined in paragraph (4) of |
| |||||||
| |||||||
1 | subsection (f) of this Section. | ||||||
2 | "Final Resources" is defined in paragraph (3) of subsection | ||||||
3 | (f) of this Section. | ||||||
4 | "Full-time equivalent" or "FTE" means the full-time | ||||||
5 | equivalency compensation for staffing the relevant position at | ||||||
6 | an Organizational Unit. | ||||||
7 | "Funding Gap" is defined in paragraph (1) of subsection | ||||||
8 | (g). | ||||||
9 | "Guidance counselor" means a licensed guidance counselor | ||||||
10 | who provides guidance and counseling support for students | ||||||
11 | within an Organizational Unit. | ||||||
12 | "Hybrid District" means a partial elementary unit district | ||||||
13 | created pursuant to Article 11E of this Code. | ||||||
14 | "Instructional assistant" means a core or special | ||||||
15 | education, non-licensed employee who assists a teacher in the | ||||||
16 | classroom and provides academic support to students. | ||||||
17 | "Instructional facilitator" means a qualified teacher or | ||||||
18 | licensed teacher leader who facilitates and coaches continuous | ||||||
19 | improvement in classroom instruction; provides instructional | ||||||
20 | support to teachers in the elements of research-based | ||||||
21 | instruction or demonstrates the alignment of instruction with | ||||||
22 | curriculum standards and assessment tools; develops or | ||||||
23 | coordinates instructional programs or strategies; develops and | ||||||
24 | implements training; chooses standards-based instructional | ||||||
25 | materials; provides teachers with an understanding of current | ||||||
26 | research; serves as a mentor, site coach, curriculum |
| |||||||
| |||||||
1 | specialist, or lead teacher; or otherwise works with fellow | ||||||
2 | teachers, in collaboration, to use data to improve | ||||||
3 | instructional practice or develop model lessons. | ||||||
4 | "Instructional materials" means relevant instructional | ||||||
5 | materials for student instruction, including, but not limited | ||||||
6 | to, textbooks, consumable workbooks, laboratory equipment, | ||||||
7 | library books, and other similar materials. | ||||||
8 | "Laboratory School" means a public school that is created | ||||||
9 | and operated by a public university and approved by the State | ||||||
10 | Board. | ||||||
11 | "Librarian" means a teacher with an endorsement as a | ||||||
12 | library information specialist or another individual whose | ||||||
13 | primary responsibility is overseeing library resources within | ||||||
14 | an Organizational Unit. | ||||||
15 | "Local Capacity" is defined in paragraph (1) of subsection | ||||||
16 | (c) of this Section. | ||||||
17 | "Local Capacity Percentage" is defined in subparagraph (A) | ||||||
18 | of paragraph (2) of subsection (c) of this Section. | ||||||
19 | "Local Capacity Ratio" is defined in subparagraph (B) of | ||||||
20 | paragraph (2) of subsection (c) of this Section. | ||||||
21 | "Local Capacity Target" is defined in paragraph (2) of | ||||||
22 | subsection (c) of this Section. | ||||||
23 | "Low-Income Count" means, for an Organizational Unit in a | ||||||
24 | fiscal year, the higher of the average number of students for | ||||||
25 | the prior school year or the immediately preceding 3 school | ||||||
26 | years who, as of July 1 of the immediately preceding fiscal |
| |||||||
| |||||||
1 | year (as determined by the Department of Human Services), are | ||||||
2 | eligible for at least one of the following low income programs: | ||||||
3 | Medicaid, the Children's Health Insurance Program, TANF, or | ||||||
4 | Food Stamps, excluding pupils who are eligible for services | ||||||
5 | provided by the Department of Children and Family Services. | ||||||
6 | Until such time that grade level low-income populations become | ||||||
7 | available, grade level low-income populations shall be | ||||||
8 | determined by applying the low-income percentage to total | ||||||
9 | student enrollments by grade level. The low-income percentage | ||||||
10 | is determined by dividing the Low-Income Count by the Average | ||||||
11 | Student Enrollment. | ||||||
12 | "Maintenance and operations" means custodial services, | ||||||
13 | facility and ground maintenance, facility operations, facility | ||||||
14 | security, routine facility repairs, and other similar services | ||||||
15 | and functions. | ||||||
16 | "Minimum Funding Level" is defined in paragraph (6) of | ||||||
17 | subsection (g) of this Section. | ||||||
18 | "New State Funds" means, for a given school year, all State | ||||||
19 | funds appropriated for Evidence-Based Funding in excess of the | ||||||
20 | amount needed to fund the Base Funding Minimum for all | ||||||
21 | Organizational Units in that school year. | ||||||
22 | "Net State Contribution Target" means, for a given school | ||||||
23 | year, the amount of State funds that would be necessary to | ||||||
24 | fully meet the Adequacy Target of an Operational Unit minus the | ||||||
25 | Preliminary Resources available to each unit. | ||||||
26 | "Nurse" means an individual licensed as a certified school |
| |||||||
| |||||||
1 | nurse, in accordance with the rules established for nursing | ||||||
2 | services by the State Board, who is an employee of and is | ||||||
3 | available to provide health care-related services for students | ||||||
4 | of an Organizational Unit. | ||||||
5 | "Operating Tax Rate" means the rate utilized in the | ||||||
6 | previous year to extend property taxes for all purposes, | ||||||
7 | except, Bond and Interest, Summer School, Rent, Capital | ||||||
8 | Improvement, and Vocational Education Building purposes. For | ||||||
9 | Hybrid Districts, the Operating Tax Rate shall be the combined | ||||||
10 | elementary and high school rates utilized in the previous year | ||||||
11 | to extend property taxes for all purposes, except, Bond and | ||||||
12 | Interest, Summer School, Rent, Capital Improvement, and | ||||||
13 | Vocational Education Building purposes. For all Organizational | ||||||
14 | Units, the State Superintendent shall calculate and subtract | ||||||
15 | from the Operating Tax Rate a transportation rate based on | ||||||
16 | total expenses for transportation services under this Code, as | ||||||
17 | reported on the most recent Annual Financial Report in Pupil | ||||||
18 | Transportation Services, function 2550 in both the Education | ||||||
19 | and Transportation funds and functions 4110 and 4120 in the | ||||||
20 | Transportation fund, less any corresponding fiscal year State | ||||||
21 | of Illinois scheduled payments excluding net adjustments for | ||||||
22 | prior years for regular, vocational, or special education | ||||||
23 | transportation reimbursement pursuant to Section 29-5 or | ||||||
24 | subsection (b) of Section 14-13.01 of this Code divided by the | ||||||
25 | Adjusted EAV. If an Organizational Unit's corresponding fiscal | ||||||
26 | year State of Illinois scheduled payments excluding net |
| |||||||
| |||||||
1 | adjustments for prior years for regular, vocational, or special | ||||||
2 | education transportation reimbursement pursuant to Section | ||||||
3 | 29-5 or subsection (b) of Section 14-13.01 of this Code exceed | ||||||
4 | the total transportation expenses, as defined in this | ||||||
5 | paragraph, no transportation rate shall be subtracted from the | ||||||
6 | Operating Tax Rate. | ||||||
7 | "Organizational Unit" means a Laboratory School, an | ||||||
8 | Alternative School, or any public school district that is | ||||||
9 | recognized as such by the State Board and that contains | ||||||
10 | elementary schools typically serving kindergarten through 5th | ||||||
11 | grades, middle schools typically serving 6th through 8th | ||||||
12 | grades, or high schools typically serving 9th through 12th | ||||||
13 | grades. The General Assembly acknowledges that the actual grade | ||||||
14 | levels served by a particular Organizational Unit may vary | ||||||
15 | slightly from what is typical. | ||||||
16 | "Organizational Unit CWI" is determined by calculating the | ||||||
17 | CWI in the region and original county in which an | ||||||
18 | Organizational Unit's primary administrative office is located | ||||||
19 | as set forth in this paragraph, provided that if the | ||||||
20 | Organizational Unit CWI as calculated in accordance with this | ||||||
21 | paragraph is less than 0.9, the Organizational Unit CWI shall | ||||||
22 | be increased to 0.9. Each county's current CWI value shall be | ||||||
23 | adjusted based on the CWI value of that county's neighboring | ||||||
24 | Illinois counties, to create a "weighted adjusted index value". | ||||||
25 | This shall be calculated by summing the CWI values of all of a | ||||||
26 | county's adjacent Illinois counties and dividing by the number |
| |||||||
| |||||||
1 | of adjacent Illinois counties, then taking the weighted value | ||||||
2 | of the original county's CWI value and the adjacent Illinois | ||||||
3 | county average. To calculate this weighted value, if the number | ||||||
4 | of adjacent Illinois counties is greater than 2, the original | ||||||
5 | county's CWI value will be weighted at 0.25 and the adjacent | ||||||
6 | Illinois county average will be weighted at 0.75. If the number | ||||||
7 | of adjacent Illinois counties is 2, the original county's CWI | ||||||
8 | value will be weighted at 0.33 and the adjacent Illinois county | ||||||
9 | average will be weighted at 0.66. The greater of the county's | ||||||
10 | current CWI value and its weighted adjusted index value shall | ||||||
11 | be used as the Organizational Unit CWI. | ||||||
12 | "Preceding Tax Year" means the property tax levy year | ||||||
13 | immediately preceding the Base Tax Year. | ||||||
14 | "Preceding Tax Year's Extension" means the product of the | ||||||
15 | equalized assessed valuation utilized by the county clerk in | ||||||
16 | the Preceding Tax Year multiplied by the Operating Tax Rate. | ||||||
17 | "Preliminary Percent of Adequacy" is defined in paragraph | ||||||
18 | (2) of subsection (f) of this Section. | ||||||
19 | "Preliminary Resources" is defined in paragraph (2) of | ||||||
20 | subsection (f) of this Section. | ||||||
21 | "Principal" means a school administrator duly endorsed to | ||||||
22 | be employed as a principal in this State. | ||||||
23 | "Professional development" means training programs for | ||||||
24 | licensed staff in schools, including, but not limited to, | ||||||
25 | programs that assist in implementing new curriculum programs, | ||||||
26 | provide data focused or academic assessment data training to |
| |||||||
| |||||||
1 | help staff identify a student's weaknesses and strengths, | ||||||
2 | target interventions, improve instruction, encompass | ||||||
3 | instructional strategies for EL, gifted, or at-risk students, | ||||||
4 | address inclusivity, cultural sensitivity, or implicit bias, | ||||||
5 | or otherwise provide professional support for licensed staff. | ||||||
6 | "Prototypical" means 450 special education | ||||||
7 | pre-kindergarten and kindergarten through grade 5 students for | ||||||
8 | an elementary school, 450 grade 6 through 8 students for a | ||||||
9 | middle school, and 600 grade 9 through 12 students for a high | ||||||
10 | school. | ||||||
11 | "PTELL" means the Property Tax Extension Limitation Law. | ||||||
12 | "PTELL EAV" is defined in paragraph (4) of subsection (d) | ||||||
13 | of this Section. | ||||||
14 | "Pupil support staff" means a nurse, psychologist, social | ||||||
15 | worker, family liaison personnel, or other staff member who | ||||||
16 | provides support to at-risk or struggling students. | ||||||
17 | "Real Receipts" is defined in paragraph (1) of subsection | ||||||
18 | (d) of this Section. | ||||||
19 | "Regionalization Factor" means, for a particular | ||||||
20 | Organizational Unit, the figure derived by dividing the | ||||||
21 | Organizational Unit CWI by the Statewide Weighted CWI. | ||||||
22 | "School site staff" means the primary school secretary and | ||||||
23 | any additional clerical personnel assigned to a school. | ||||||
24 | "Special education" means special educational facilities | ||||||
25 | and services, as defined in Section 14-1.08 of this Code. | ||||||
26 | "Specialist teacher" means a teacher who provides |
| |||||||
| |||||||
1 | instruction in subject areas not included in core subjects, | ||||||
2 | including, but not limited to, art, music, physical education, | ||||||
3 | health, driver education, career-technical education, and such | ||||||
4 | other subject areas as may be mandated by State law or provided | ||||||
5 | by an Organizational Unit. | ||||||
6 | "Specially Funded Unit" means an Alternative School, safe | ||||||
7 | school, Department of Juvenile Justice school, special | ||||||
8 | education cooperative or entity recognized by the State Board | ||||||
9 | as a special education cooperative, State-approved charter | ||||||
10 | school, or alternative learning opportunities program that | ||||||
11 | received direct funding from the State Board during the | ||||||
12 | 2016-2017 school year through any of the funding sources | ||||||
13 | included within the calculation of the Base Funding Minimum or | ||||||
14 | Glenwood Academy. | ||||||
15 | "Supplemental Grant Funding" means supplemental general | ||||||
16 | State aid funding received by an Organization Unit during the | ||||||
17 | 2016-2017 school year pursuant to subsection (H) of Section | ||||||
18 | 18-8.05 of this Code. | ||||||
19 | "State Adequacy Level" is the sum of the Adequacy Targets | ||||||
20 | of all Organizational Units. | ||||||
21 | "State Board" means the State Board of Education. | ||||||
22 | "State Superintendent" means the State Superintendent of | ||||||
23 | Education. | ||||||
24 | "Statewide Weighted CWI" means a figure determined by | ||||||
25 | multiplying each Organizational Unit CWI times the ASE for that | ||||||
26 | Organizational Unit creating a weighted value, summing all |
| |||||||
| |||||||
1 | Organizational Unit's weighted values, and dividing by the | ||||||
2 | total ASE of all Organizational Units, thereby creating an | ||||||
3 | average weighted index. | ||||||
4 | "Student activities" means non-credit producing | ||||||
5 | after-school programs, including, but not limited to, clubs, | ||||||
6 | bands, sports, and other activities authorized by the school | ||||||
7 | board of the Organizational Unit. | ||||||
8 | "Substitute teacher" means an individual teacher or | ||||||
9 | teaching assistant who is employed by an Organizational Unit | ||||||
10 | and is temporarily serving the Organizational Unit on a per | ||||||
11 | diem or per period-assignment basis replacing another staff | ||||||
12 | member. | ||||||
13 | "Summer school" means academic and enrichment programs | ||||||
14 | provided to students during the summer months outside of the | ||||||
15 | regular school year. | ||||||
16 | "Supervisory aide" means a non-licensed staff member who | ||||||
17 | helps in supervising students of an Organizational Unit, but | ||||||
18 | does so outside of the classroom, in situations such as, but | ||||||
19 | not limited to, monitoring hallways and playgrounds, | ||||||
20 | supervising lunchrooms, or supervising students when being | ||||||
21 | transported in buses serving the Organizational Unit. | ||||||
22 | "Target Ratio" is defined in paragraph (4) of subsection | ||||||
23 | (g). | ||||||
24 | "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined in | ||||||
25 | paragraph (2) of subsection (g). | ||||||
26 | "Tier 1 Aggregate Funding", "Tier 2 Aggregate Funding", |
| |||||||
| |||||||
1 | "Tier 3 Aggregate Funding", and "Tier 4 Aggregate Funding" are | ||||||
2 | defined in paragraph (1) of subsection (g). | ||||||
3 | (b) Adequacy Target calculation. | ||||||
4 | (1) Each Organizational Unit's Adequacy Target is the sum | ||||||
5 | of the Organizational Unit's cost of providing Essential | ||||||
6 | Elements, as calculated in accordance with this subsection (b), | ||||||
7 | with the salary amounts in the Essential Elements multiplied by | ||||||
8 | a Regionalization Factor calculated pursuant to paragraph (3) | ||||||
9 | of this subsection (b). | ||||||
10 | (2) The Essential Elements are attributable on a pro-rata | ||||||
11 | basis related to defined subgroups of the ASE of each | ||||||
12 | Organizational Unit as specified in this paragraph (2), with | ||||||
13 | investments and FTE positions pro-rata funded based on ASE | ||||||
14 | counts in excess or less than the thresholds set forth in this | ||||||
15 | paragraph (2). The method for calculating attributable | ||||||
16 | pro-rata costs and the defined subgroups thereto are as | ||||||
17 | follows: | ||||||
18 | (A) Core class size investments. Each Organizational | ||||||
19 | Unit shall receive the funding required to support that | ||||||
20 | number of FTE core teacher positions as is needed to keep | ||||||
21 | the respective class sizes of the Organizational Unit to | ||||||
22 | the following maximum numbers: | ||||||
23 | (1) For grades kindergarten through 3, the | ||||||
24 | Organizational Unit shall receive funding required to | ||||||
25 | support one FTE core teacher position for every 15 | ||||||
26 | Low-Income Count students in those grades and one FTE |
| |||||||
| |||||||
1 | core teacher position for every 20 non-Low-Income | ||||||
2 | Count students in those grades. | ||||||
3 | (2) For grades 4 through 12, the Organizational | ||||||
4 | Unit shall receive funding required to support one FTE | ||||||
5 | core teacher position for every 20 Low-Income Count | ||||||
6 | students in those grades and one FTE core teacher | ||||||
7 | position for every 25 non-Low-Income Count students in | ||||||
8 | those grades. | ||||||
9 | The number of non-Low-Income Count students in a grade | ||||||
10 | shall be determined by subtracting the Low-Income students | ||||||
11 | in that grade from the ASE of the Organizational Unit for | ||||||
12 | that grade. | ||||||
13 | (B) Specialist teacher investments. Each | ||||||
14 | Organizational Unit shall receive the funding needed to | ||||||
15 | cover that number of FTE specialist teacher positions that | ||||||
16 | correspond to the following percentages: | ||||||
17 | (i) if the Organizational Unit operates an | ||||||
18 | elementary or middle school, then 20.00% of the number | ||||||
19 | of the Organizational Unit's core teachers, as | ||||||
20 | determined under subparagraph (A) of this paragraph | ||||||
21 | (2); and | ||||||
22 | (ii) if such Organizational Unit operates a high | ||||||
23 | school, then 33.33% of the number of the Organizational | ||||||
24 | Unit's core teachers. | ||||||
25 | (C) Instructional facilitator investments. Each | ||||||
26 | Organizational Unit shall receive the funding needed to |
| |||||||
| |||||||
1 | cover one FTE instructional facilitator position for every | ||||||
2 | 200 combined ASE of pre-kindergarten children with | ||||||
3 | disabilities and all kindergarten through grade 12 | ||||||
4 | students of the Organizational Unit. | ||||||
5 | (D) Core intervention teacher (tutor) investments. | ||||||
6 | Each Organizational Unit shall receive the funding needed | ||||||
7 | to cover one FTE teacher position for each prototypical | ||||||
8 | elementary, middle, and high school. | ||||||
9 | (E) Substitute teacher investments. Each | ||||||
10 | Organizational Unit shall receive the funding needed to | ||||||
11 | cover substitute teacher costs that is equal to 5.70% of | ||||||
12 | the minimum pupil attendance days required under Section | ||||||
13 | 10-19 of this code for all full-time equivalent core, | ||||||
14 | specialist, and intervention teachers, school nurses, | ||||||
15 | special education teachers and instructional assistants, | ||||||
16 | instructional facilitators, and summer school and | ||||||
17 | extended-day teacher positions, as determined under this | ||||||
18 | paragraph (2), at a salary rate of 33.33% of the average | ||||||
19 | salary for grade K through 12 teachers and 33.33% of the | ||||||
20 | average salary of each instructional assistant position. | ||||||
21 | (F) Core guidance counselor investments. Each | ||||||
22 | Organizational Unit shall receive the funding needed to | ||||||
23 | cover one FTE guidance counselor for each 450 combined ASE | ||||||
24 | of pre-kindergarten children with disabilities and all | ||||||
25 | kindergarten through grade 5 students, plus one FTE | ||||||
26 | guidance counselor for each 250 grades 6 through 8 ASE |
| |||||||
| |||||||
1 | middle school students, plus one FTE guidance counselor for | ||||||
2 | each 250 grades 9 through 12 ASE high school students. | ||||||
3 | (G) Nurse investments. Each Organizational Unit shall | ||||||
4 | receive the funding needed to cover one FTE nurse for each | ||||||
5 | 750 combined ASE of pre-kindergarten children with | ||||||
6 | disabilities and all kindergarten through grade 12 | ||||||
7 | students across all grade levels it serves. | ||||||
8 | (H) Supervisory aide investments. Each Organizational | ||||||
9 | Unit shall receive the funding needed to cover one FTE for | ||||||
10 | each 225 combined ASE of pre-kindergarten children with | ||||||
11 | disabilities and all kindergarten through grade 5 | ||||||
12 | students, plus one FTE for each 225 ASE middle school | ||||||
13 | students, plus one FTE for each 200 ASE high school | ||||||
14 | students. | ||||||
15 | (I) Librarian investments. Each Organizational Unit | ||||||
16 | shall receive the funding needed to cover one FTE librarian | ||||||
17 | for each prototypical elementary school, middle school, | ||||||
18 | and high school and one FTE aide or media technician for | ||||||
19 | every 300 combined ASE of pre-kindergarten children with | ||||||
20 | disabilities and all kindergarten through grade 12 | ||||||
21 | students. | ||||||
22 | (J) Principal investments. Each Organizational Unit | ||||||
23 | shall receive the funding needed to cover one FTE principal | ||||||
24 | position for each prototypical elementary school, plus one | ||||||
25 | FTE principal position for each prototypical middle | ||||||
26 | school, plus one FTE principal position for each |
| |||||||
| |||||||
1 | prototypical high school. | ||||||
2 | (K) Assistant principal investments. Each | ||||||
3 | Organizational Unit shall receive the funding needed to | ||||||
4 | cover one FTE assistant principal position for each | ||||||
5 | prototypical elementary school, plus one FTE assistant | ||||||
6 | principal position for each prototypical middle school, | ||||||
7 | plus one FTE assistant principal position for each | ||||||
8 | prototypical high school. | ||||||
9 | (L) School site staff investments. Each Organizational | ||||||
10 | Unit shall receive the funding needed for one FTE position | ||||||
11 | for each 225 ASE of pre-kindergarten children with | ||||||
12 | disabilities and all kindergarten through grade 5 | ||||||
13 | students, plus one FTE position for each 225 ASE middle | ||||||
14 | school students, plus one FTE position for each 200 ASE | ||||||
15 | high school students. | ||||||
16 | (M) Gifted investments. Each Organizational Unit shall | ||||||
17 | receive $40 per kindergarten through grade 12 ASE. | ||||||
18 | (N) Professional development investments. Each | ||||||
19 | Organizational Unit shall receive $125 per student of the | ||||||
20 | combined ASE of pre-kindergarten children with | ||||||
21 | disabilities and all kindergarten through grade 12 | ||||||
22 | students for trainers and other professional | ||||||
23 | development-related expenses for supplies and materials. | ||||||
24 | (O) Instructional material investments. Each | ||||||
25 | Organizational Unit shall receive $190 per student of the | ||||||
26 | combined ASE of pre-kindergarten children with |
| |||||||
| |||||||
1 | disabilities and all kindergarten through grade 12 | ||||||
2 | students to cover instructional material costs. | ||||||
3 | (P) Assessment investments. Each Organizational Unit | ||||||
4 | shall receive $25 per student of the combined ASE of | ||||||
5 | pre-kindergarten children with disabilities and all | ||||||
6 | kindergarten through grade 12 students student to cover | ||||||
7 | assessment costs. | ||||||
8 | (Q) Computer technology and equipment investments. | ||||||
9 | Each Organizational Unit shall receive $285.50 per student | ||||||
10 | of the combined ASE of pre-kindergarten children with | ||||||
11 | disabilities and all kindergarten through grade 12 | ||||||
12 | students to cover computer technology and equipment costs. | ||||||
13 | For the 2018-2019 school year and subsequent school years, | ||||||
14 | Tier 1 and Tier 2 Organizational Units selected by the | ||||||
15 | State Board through a request for proposals process shall, | ||||||
16 | upon the State Board's approval of an Organizational Unit's | ||||||
17 | one-to-one computing technology plan, receive an | ||||||
18 | additional $285.50 per student of the combined ASE of | ||||||
19 | pre-kindergarten children with disabilities and all | ||||||
20 | kindergarten through grade 12 students to cover computer | ||||||
21 | technology and equipment costs. The State Board may | ||||||
22 | establish additional requirements for Organizational Unit | ||||||
23 | expenditures of funds received pursuant to this | ||||||
24 | subparagraph (Q). It is the intent of this amendatory Act | ||||||
25 | of the 100th General Assembly that all Tier 1 and Tier 2 | ||||||
26 | districts that apply for the technology grant receive the |
| |||||||
| |||||||
1 | addition to their Adequacy Target, subject to compliance | ||||||
2 | with the requirements of the State Board. | ||||||
3 | (R) Student activities investments. Each | ||||||
4 | Organizational Unit shall receive the following funding | ||||||
5 | amounts to cover student activities: $100 per kindergarten | ||||||
6 | through grade 5 ASE student in elementary school, plus $200 | ||||||
7 | per ASE student in middle school, plus $675 per ASE student | ||||||
8 | in high school. | ||||||
9 | (S) Maintenance and operations investments. Each | ||||||
10 | Organizational Unit shall receive $1,038 per student of the | ||||||
11 | combined ASE of pre-kindergarten children with | ||||||
12 | disabilities and all kindergarten through grade 12 for | ||||||
13 | day-to-day maintenance and operations expenditures, | ||||||
14 | including salary, supplies, and materials, as well as | ||||||
15 | purchased services, but excluding employee benefits. The | ||||||
16 | proportion of salary for the application of a | ||||||
17 | Regionalization Factor and the calculation of benefits is | ||||||
18 | equal to $352.92. | ||||||
19 | (T) Central office investments. Each Organizational | ||||||
20 | Unit shall receive $742 per student of the combined ASE of | ||||||
21 | pre-kindergarten children with disabilities and all | ||||||
22 | kindergarten through grade 12 students to cover central | ||||||
23 | office operations, including administrators and classified | ||||||
24 | personnel charged with managing the instructional | ||||||
25 | programs, business and operations of the school district, | ||||||
26 | and security personnel. The proportion of salary for the |
| |||||||
| |||||||
1 | application of a Regionalization Factor and the | ||||||
2 | calculation of benefits is equal to $368.48. | ||||||
3 | (U) Employee benefit investments. Each Organizational | ||||||
4 | Unit shall receive 30% of the total of all | ||||||
5 | salary-calculated elements of the Adequacy Target, | ||||||
6 | excluding substitute teachers and student activities | ||||||
7 | investments, to cover benefit costs. For central office and | ||||||
8 | maintenance and operations investments, the benefit | ||||||
9 | calculation shall be based upon the salary proportion of | ||||||
10 | each investment. If at any time the responsibility for | ||||||
11 | funding the employer normal cost of teacher pensions is | ||||||
12 | assigned to school districts, then that amount certified by | ||||||
13 | the Teachers' Retirement System of the State of Illinois to | ||||||
14 | be paid by the Organizational Unit for the preceding school | ||||||
15 | year shall be added to the benefit investment. For any | ||||||
16 | fiscal year in which a school district organized under | ||||||
17 | Article 34 of this Code is responsible for paying the | ||||||
18 | employer normal cost of teacher pensions, then that amount | ||||||
19 | of its employer normal cost as certified by the Public | ||||||
20 | School Teachers' Pension and Retirement Fund of Chicago to | ||||||
21 | be paid by the school district for the preceding school | ||||||
22 | year that is statutorily required to cover employer normal | ||||||
23 | costs shall be added to the 30% specified in this | ||||||
24 | subparagraph (U). The Public School Teachers' Pension and | ||||||
25 | Retirement Fund of Chicago shall submit such information as | ||||||
26 | the State Superintendent may require for the calculations |
| |||||||
| |||||||
1 | set forth in this subparagraph (U). | ||||||
2 | (V) Additional investments in low-income students. In | ||||||
3 | addition to and not in lieu of all other funding under this | ||||||
4 | paragraph (2), each Organizational Unit shall receive | ||||||
5 | funding based on the average teacher salary for grades K | ||||||
6 | through 12 to cover the costs of: (i) one FTE intervention | ||||||
7 | teacher (tutor) position for every 125 Low-Income Count | ||||||
8 | students; (ii) one FTE pupil support staff position for | ||||||
9 | every 125 Low-Income Count students; (iii) one FTE extended | ||||||
10 | day teacher position for every 120 Low-Income Count | ||||||
11 | students; and (iv) one FTE summer school teacher position | ||||||
12 | for every 120 Low-Income Count students. | ||||||
13 | (W) Additional investments in EL students. In addition | ||||||
14 | to and not in lieu of all other funding under this | ||||||
15 | paragraph (2), each Organizational Unit shall receive | ||||||
16 | funding based on the average teacher salary for grades K | ||||||
17 | through 12 to cover the costs of: | ||||||
18 | (i) one FTE intervention teacher (tutor) position | ||||||
19 | for every 125 EL students; | ||||||
20 | (ii) one FTE pupil support staff position for every | ||||||
21 | 125 EL students; | ||||||
22 | (iii) one FTE extended day teacher position for | ||||||
23 | every 120 EL students; | ||||||
24 | (iv) one FTE summer school teacher position for | ||||||
25 | every 120 EL students; and | ||||||
26 | (v) one FTE core teacher position for every 100 EL |
| |||||||
| |||||||
1 | students. | ||||||
2 | (X) Special education investments. Each Organizational | ||||||
3 | Unit shall receive funding based on the average teacher | ||||||
4 | salary for grades K through 12 to cover special education | ||||||
5 | as follows: | ||||||
6 | (i) one FTE teacher position for every 141 combined | ||||||
7 | ASE of pre-kindergarten children with disabilities and | ||||||
8 | all kindergarten through grade 12 students; | ||||||
9 | (ii) one FTE instructional assistant for every 141 | ||||||
10 | combined ASE of pre-kindergarten children with | ||||||
11 | disabilities and all kindergarten through grade 12 | ||||||
12 | students; and | ||||||
13 | (iii) one FTE psychologist position for every | ||||||
14 | 1,000 combined ASE of pre-kindergarten children with | ||||||
15 | disabilities and all kindergarten through grade 12 | ||||||
16 | students. | ||||||
17 | (3) For calculating the salaries included within the | ||||||
18 | Essential Elements, the State Superintendent shall annually | ||||||
19 | calculate average salaries to the nearest dollar using the | ||||||
20 | employment information system data maintained by the State | ||||||
21 | Board, limited to public schools only and excluding special | ||||||
22 | education and vocational cooperatives, schools operated by the | ||||||
23 | Department of Juvenile Justice, and charter schools, for the | ||||||
24 | following positions: | ||||||
25 | (A) Teacher for grades K through 8. | ||||||
26 | (B) Teacher for grades 9 through 12. |
| |||||||
| |||||||
1 | (C) Teacher for grades K through 12. | ||||||
2 | (D) Guidance counselor for grades K through 8. | ||||||
3 | (E) Guidance counselor for grades 9 through 12. | ||||||
4 | (F) Guidance counselor for grades K through 12. | ||||||
5 | (G) Social worker. | ||||||
6 | (H) Psychologist. | ||||||
7 | (I) Librarian. | ||||||
8 | (J) Nurse. | ||||||
9 | (K) Principal. | ||||||
10 | (L) Assistant principal. | ||||||
11 | For the purposes of this paragraph (3),"teacher" includes core | ||||||
12 | teachers, specialist and elective teachers, instructional | ||||||
13 | facilitators, tutors, special education teachers, pupil | ||||||
14 | support staff teachers, English learner teachers, extended-day | ||||||
15 | teachers, and summer school teachers. Where specific grade data | ||||||
16 | is not required for the Essential Elements, the average salary | ||||||
17 | for corresponding positions shall apply. For substitute | ||||||
18 | teachers, the average teacher salary for grades K through 12 | ||||||
19 | shall apply. | ||||||
20 | For calculating the salaries included within the Essential | ||||||
21 | Elements for positions not included within EIS Data, the | ||||||
22 | following salaries shall be used in the first year of | ||||||
23 | implementation of Evidence-Based Funding: | ||||||
24 | (i) school site staff, $30,000; and | ||||||
25 | (ii) on-instructional assistant, instructional | ||||||
26 | assistant, library aide, library media tech, or |
| |||||||
| |||||||
1 | supervisory aide: $25,000. | ||||||
2 | In the second and subsequent years of implementation of | ||||||
3 | Evidence-Based Funding, the amounts in items (i) and (ii) of | ||||||
4 | this paragraph (3) shall annually increase by the ECI. | ||||||
5 | The salary amounts for the Essential Elements determined | ||||||
6 | pursuant to subparagraphs (A) through (L), (S) and (T), and (V) | ||||||
7 | through (X) of paragraph (2) of subsection (b) of this Section | ||||||
8 | shall be multiplied by a Regionalization Factor. | ||||||
9 | (c) Local capacity calculation. | ||||||
10 | (1) Each Organizational Unit's Local Capacity represents | ||||||
11 | an amount of funding it is assumed to contribute toward its | ||||||
12 | Adequacy Target for purposes of the Evidence-Based Funding | ||||||
13 | formula calculation. "Local Capacity" means either (i) the | ||||||
14 | Organizational Unit's Local Capacity Target as calculated in | ||||||
15 | accordance with paragraph (2) of this subsection (c) if its | ||||||
16 | Real Receipts are equal to or less than its Local Capacity | ||||||
17 | Target or (ii) the Organizational Unit's Adjusted Local | ||||||
18 | Capacity, as calculated in accordance with paragraph (3) of | ||||||
19 | this subsection (c) if Real Receipts are more than its Local | ||||||
20 | Capacity Target. | ||||||
21 | (2) "Local Capacity Target" means, for an Organizational | ||||||
22 | Unit, that dollar amount that is obtained by multiplying its | ||||||
23 | Adequacy Target by its Local Capacity Percentage. | ||||||
24 | (A) An Organizational Unit's Local Capacity Percentage | ||||||
25 | is the conversion of the Organizational Unit's Local | ||||||
26 | Capacity Ratio, as such ratio is determined in accordance |
| |||||||
| |||||||
1 | with subparagraph (B) of this paragraph (2), into a normal | ||||||
2 | curve equivalent score to determine each Organizational | ||||||
3 | Unit's relative position to all other Organizational Units | ||||||
4 | in this State. The calculation of Local Capacity Percentage | ||||||
5 | is described in subparagraph (C) of this paragraph (2). | ||||||
6 | (B) An Organizational Unit's Local Capacity Ratio in a | ||||||
7 | given year is the percentage obtained by dividing its | ||||||
8 | Adjusted EAV by its Adequacy Target, with the resulting | ||||||
9 | ratio further adjusted as follows: | ||||||
10 | (i) for Organizational Units serving grades | ||||||
11 | kindergarten through 12 and Hybrid Districts, no | ||||||
12 | further adjustments shall be made; | ||||||
13 | (ii) for Organizational Units serving grades | ||||||
14 | kindergarten through 8, the ratio shall be multiplied | ||||||
15 | by 9/13; | ||||||
16 | (iii) for Organizational Units serving grades 9 | ||||||
17 | through 12, the Local Capacity Ratio shall be | ||||||
18 | multiplied by 4/13; and | ||||||
19 | (iv) for an Organizational Unit with a different | ||||||
20 | grade configuration than those specified in items (i) | ||||||
21 | through (iii) of this subparagraph (B), the State | ||||||
22 | Superintendent shall determine a comparable adjustment | ||||||
23 | based on the grades served. | ||||||
24 | (C) Local Capacity Percentage converts each | ||||||
25 | Organizational Unit's Local Capacity Ratio to a normal | ||||||
26 | curve equivalent score to determine each Organizational |
| |||||||
| |||||||
1 | Unit's relative position to all other Organizational Units | ||||||
2 | in this State. The Local Capacity Percentage normal curve | ||||||
3 | equivalent score for each Organizational Unit shall be | ||||||
4 | calculated using the standard normal distribution of the | ||||||
5 | score in relation to the weighted mean and weighted | ||||||
6 | standard deviation and Local Capacity Ratios of all | ||||||
7 | Organizational Units. If the value assigned to any | ||||||
8 | Organizational Unit is in excess of 90%, the value shall be | ||||||
9 | adjusted to 90%. For Laboratory Schools, the Local Capacity | ||||||
10 | Percentage shall be set at 10% in
recognition of the | ||||||
11 | absence of EAV and resources from the public university | ||||||
12 | that are allocated to
the Laboratory School. The weighted | ||||||
13 | mean for the Local Capacity Percentage shall be determined | ||||||
14 | by multiplying each Organizational Unit's Local Capacity | ||||||
15 | Ratio times the ASE for the unit creating a weighted value, | ||||||
16 | summing the weighted values of all Organizational Units, | ||||||
17 | and dividing by the total ASE of all Organizational Units. | ||||||
18 | The weighted standard deviation shall be determined by | ||||||
19 | taking the square root of the weighted variance of all | ||||||
20 | Organizational Units' Local Capacity Ratio, where the | ||||||
21 | variance is calculated by squaring the difference between | ||||||
22 | each unit's Local Capacity Ratio and the weighted mean, | ||||||
23 | then multiplying the variance for each unit times the ASE | ||||||
24 | for the unit to create a weighted variance for each unit, | ||||||
25 | then summing all units' weighted variance and dividing by | ||||||
26 | the total ASE of all units. |
| |||||||
| |||||||
1 | (3) If an Organizational Unit's Real Receipts are more than | ||||||
2 | its Local Capacity Target, then its Local Capacity shall equal | ||||||
3 | an Adjusted Local Capacity Target as calculated in accordance | ||||||
4 | with this paragraph (3). The Adjusted Local Capacity Target is | ||||||
5 | calculated as the sum of the Organizational Unit's Local | ||||||
6 | Capacity Target and its Real Receipts Adjustment. For | ||||||
7 | Organizational Units with a Real Percent of Adequacy above 85%, | ||||||
8 | the Real Receipts Adjustment equals the Organizational Unit's | ||||||
9 | Real Receipts less its Local Capacity Target, with the | ||||||
10 | resulting figure multiplied by the lesser of 100% or the | ||||||
11 | difference between its Real Percent of Adequacy and 85%. For | ||||||
12 | Organizational Units with a Real Percent of Adequacy of 85% or | ||||||
13 | below, there is no Real Receipts Adjustment. | ||||||
14 | As used in this paragraph (3), "Real Percent of Adequacy" | ||||||
15 | means the sum of an Organizational Unit's Real Receipts, CPPRT, | ||||||
16 | and Base Funding Minimum, with the resulting figure divided by | ||||||
17 | the Organizational Unit's Adequacy Target. | ||||||
18 | (d) Calculation of Real Receipts, EAV, and Adjusted EAV for | ||||||
19 | purposes of the Local Capacity calculation. | ||||||
20 | (1) An Organizational Unit's Real Receipts are the product | ||||||
21 | of its Applicable Tax Rate and its Adjusted EAV. An | ||||||
22 | Organizational Unit's Applicable Tax Rate is its Operating Tax | ||||||
23 | Rate for property within the Organizational Unit. | ||||||
24 | (2) The State Superintendent shall calculate the Equalized | ||||||
25 | Assessed Valuation, or EAV, of all taxable property of each | ||||||
26 | Organizational Unit as of September 30 of the previous year in |
| |||||||
| |||||||
1 | accordance with paragraph (3) of this subsection (d). The State | ||||||
2 | Superintendent shall then determine the Adjusted EAV of each | ||||||
3 | Organizational Unit in accordance with paragraph (4) of this | ||||||
4 | subsection (d), which Adjusted EAV figure shall be used for the | ||||||
5 | purposes of calculating Local Capacity. | ||||||
6 | (3) To calculate Real Receipts and EAV, the Department of | ||||||
7 | Revenue shall supply to the State Superintendent the value as | ||||||
8 | equalized or assessed by the Department of Revenue of all | ||||||
9 | taxable property of every Organizational Unit, together with | ||||||
10 | (i) the applicable tax rate used in extending taxes for the | ||||||
11 | funds of the Organizational Unit as of September 30 of the | ||||||
12 | previous year and (ii) the limiting rate for all Organizational | ||||||
13 | Units subject to property tax extension limitations as imposed | ||||||
14 | under PTELL. | ||||||
15 | (A) The Department of Revenue shall add to the | ||||||
16 | equalized assessed value of all taxable property of each | ||||||
17 | Organizational Unit situated entirely or partially within | ||||||
18 | a county that is or was subject to the provisions of | ||||||
19 | Section 15-176 or 15-177 of the Property Tax Code (i) an | ||||||
20 | amount equal to the total amount by which the homestead | ||||||
21 | exemption allowed under Section 15-176 or 15-177 of the | ||||||
22 | Property Tax Code for real property situated in that | ||||||
23 | Organizational Unit exceeds the total amount that would | ||||||
24 | have been allowed in that Organizational Unit if the | ||||||
25 | maximum reduction under Section 15-176 was (I) $4,500 in | ||||||
26 | Cook County or $3,500 in all other counties in tax year |
| |||||||
| |||||||
1 | 2003 or (II) $5,000 in all counties in tax year 2004 and | ||||||
2 | thereafter and (ii) an amount equal to the aggregate amount | ||||||
3 | for the taxable year of all additional exemptions under | ||||||
4 | Section 15-175 of the Property Tax Code for owners with a | ||||||
5 | household income of $30,000 or less. The county clerk of | ||||||
6 | any county that is or was subject to the provisions of | ||||||
7 | Section 15-176 or 15-177 of the Property Tax Code shall | ||||||
8 | annually calculate and certify to the Department of Revenue | ||||||
9 | for each Organizational Unit all homestead exemption | ||||||
10 | amounts under Section 15-176 or 15-177 of the Property Tax | ||||||
11 | Code and all amounts of additional exemptions under Section | ||||||
12 | 15-175 of the Property Tax Code for owners with a household | ||||||
13 | income of $30,000 or less. It is the intent of this | ||||||
14 | subparagraph (A) that if the general homestead exemption | ||||||
15 | for a parcel of property is determined under Section 15-176 | ||||||
16 | or 15-177 of the Property Tax Code rather than Section | ||||||
17 | 15-175, then the calculation of EAV shall not be affected | ||||||
18 | by the difference, if any, between the amount of the | ||||||
19 | general homestead exemption allowed for that parcel of | ||||||
20 | property under Section 15-176 or 15-177 of the Property Tax | ||||||
21 | Code and the amount that would have been allowed had the | ||||||
22 | general homestead exemption for that parcel of property | ||||||
23 | been determined under Section 15-175 of the Property Tax | ||||||
24 | Code. It is further the intent of this subparagraph (A) | ||||||
25 | that if additional exemptions are allowed under Section | ||||||
26 | 15-175 of the Property Tax Code for owners with a household |
| |||||||
| |||||||
1 | income of less than $30,000, then the calculation of EAV | ||||||
2 | shall not be affected by the difference, if any, because of | ||||||
3 | those additional exemptions. | ||||||
4 | (B) With respect to any part of an Organizational Unit | ||||||
5 | within a redevelopment project area in respect to which a | ||||||
6 | municipality has adopted tax increment allocation | ||||||
7 | financing pursuant to the Tax Increment Allocation | ||||||
8 | Redevelopment Act, Division 74.4 of the Illinois Municipal | ||||||
9 | Code, or the Industrial Jobs Recovery Law, Division 74.6 of | ||||||
10 | the Illinois Municipal Code, no part of the current EAV of | ||||||
11 | real property located in any such project area which is | ||||||
12 | attributable to an increase above the total initial EAV of | ||||||
13 | such property shall be used as part of the EAV of the | ||||||
14 | Organizational Unit, until such time as all redevelopment | ||||||
15 | project costs have been paid, as provided in Section | ||||||
16 | 11-74.4-8 of the Tax Increment Allocation Redevelopment | ||||||
17 | Act or in Section 11-74.6-35 of the Industrial Jobs | ||||||
18 | Recovery Law. For the purpose of the EAV of the | ||||||
19 | Organizational Unit, the total initial EAV or the current | ||||||
20 | EAV, whichever is lower, shall be used until such time as | ||||||
21 | all redevelopment project costs have been paid. | ||||||
22 | (C) For Organizational Units that are Hybrid | ||||||
23 | Districts, the State Superintendent shall use the lesser of | ||||||
24 | the equalized assessed valuation for property within the | ||||||
25 | partial elementary unit district for elementary purposes, | ||||||
26 | as defined in Article 11E of this Code, or the equalized |
| |||||||
| |||||||
1 | assessed valuation for property within the partial | ||||||
2 | elementary unit district for high school purposes, as | ||||||
3 | defined in Article 11E of this Code. | ||||||
4 | (4) An Organizational Unit's Adjusted EAV shall be the | ||||||
5 | average of its EAV over the immediately preceding 3 years or | ||||||
6 | its EAV in the immediately preceding year if the EAV in the | ||||||
7 | immediately preceding year has declined by 10% or more compared | ||||||
8 | to the 3-year average. In the event of Organizational Unit | ||||||
9 | reorganization, consolidation, or annexation, the | ||||||
10 | Organizational Unit's Adjusted EAV for the first 3 years after | ||||||
11 | such change shall be as follows: the most current EAV shall be | ||||||
12 | used in the first year, the average of a 2-year EAV or its EAV | ||||||
13 | in the immediately preceding year if the EAV declines by 10% or | ||||||
14 | more compared to the 2-year average for the second year, and a | ||||||
15 | 3-year average EAV or its EAV in the immediately preceding year | ||||||
16 | if the adjusted EAV declines by 10% or more compared to the | ||||||
17 | 3-year average for the third year. | ||||||
18 | Notwithstanding anything to the contrary contained in this | ||||||
19 | paragraph (4), if an Organizational Unit has a PTELL EAV less | ||||||
20 | than its Adjusted EAV as calculated in the remainder of this | ||||||
21 | paragraph, the Organizational Unit's PTELL EAV shall serve as | ||||||
22 | its Adjusted EAV. | ||||||
23 | "PTELL EAV" means a figure calculated by the State Board | ||||||
24 | for Organizational Units subject to PTELL as described in this | ||||||
25 | paragraph (4). Except as otherwise provided in this paragraph | ||||||
26 | (4), for an Organizational Unit that has approved or does |
| |||||||
| |||||||
1 | approve an increase in its limiting rate, the PTELL EAV of an | ||||||
2 | Organizational Unit shall be equal to the product of the | ||||||
3 | equalized assessed valuation last used in the calculation of | ||||||
4 | general State aid under Section 18-8.05 of this Code or | ||||||
5 | Evidence-Based Funding under this Section and the | ||||||
6 | Organizational Unit's Extension Limitation Ratio. If an | ||||||
7 | Organizational Unit has approved or does approve an increase in | ||||||
8 | its limiting rate, pursuant to Section 18-190 of the Property | ||||||
9 | Tax Code, affecting the Base Tax Year, the PTELL EAV shall be | ||||||
10 | equal to the product of the equalized assessed valuation last | ||||||
11 | used in the calculation of general State aid under Section | ||||||
12 | 18-8.05 of this Code or Evidence-Based Funding under this | ||||||
13 | Section multiplied by an amount equal to one plus the | ||||||
14 | percentage increase, if any, in the Consumer Price Index for | ||||||
15 | All Urban Consumers for all items published by the United | ||||||
16 | States Department of Labor for the 12-month calendar year | ||||||
17 | preceding the Base Tax Year, plus the equalized assessed | ||||||
18 | valuation of new property, annexed property, and recovered tax | ||||||
19 | increment value and minus the equalized assessed valuation of | ||||||
20 | disconnected property. | ||||||
21 | As used in this paragraph (4), "new property" and | ||||||
22 | "recovered tax increment value" shall have the meanings set | ||||||
23 | forth in the Property Tax Extension Limitation Law. | ||||||
24 | (e) Base Funding Minimum calculation. | ||||||
25 | (1) For the 2017-2018 school year, the Base Funding Minimum | ||||||
26 | of an Organizational Unit, other than a Specially Funded Unit, |
| |||||||
| |||||||
1 | shall be the amount of State funds distributed to the | ||||||
2 | Organizational Unit during the 2016-2017 school year prior to | ||||||
3 | any adjustments and specified appropriation amounts described | ||||||
4 | in this paragraph (1) from the following Sections, as | ||||||
5 | calculated by the State Superintendent: Section 18-8.05 of this | ||||||
6 | Code (general State aid); Section 5 of Article 224 of Public | ||||||
7 | Act 99-524 (equity grants); Section 14-7.02b of this Code | ||||||
8 | (funding for children requiring special education services); | ||||||
9 | Section 14-13.01 of this Code (special education facilities and | ||||||
10 | staffing), except for reimbursement of the cost of | ||||||
11 | transportation pursuant to Section 14-13.01; Section 14C-12 of | ||||||
12 | this Code (English learners); and Section 18-4.3 of this Code | ||||||
13 | (summer school), based on an appropriation level of | ||||||
14 | $13,121,600. For a school district organized under Article 34 | ||||||
15 | of this Code, the Base Funding Minimum also includes the funds | ||||||
16 | allotted to the school district pursuant to Section 1D-1 of | ||||||
17 | this Code attributable to funding programs authorized by the | ||||||
18 | Sections of this Code listed in the preceding sentence. For | ||||||
19 | Specially Funded Units, the Base Funding Minimum shall be the | ||||||
20 | total amount of State funds allotted to the Specially Funded | ||||||
21 | Unit during the 2016-2017 school year. The Base Funding Minimum | ||||||
22 | for Glenwood Academy shall be $625,500. | ||||||
23 | (2) For the 2018-2019 and subsequent school years, the Base | ||||||
24 | Funding Minimum of Organizational Units and Specially Funded | ||||||
25 | Units shall be the sum of (i) the amount of Evidence-Based | ||||||
26 | Funding for the prior school year and (ii) the Base Funding |
| |||||||
| |||||||
1 | Minimum for the prior school year. | ||||||
2 | (f) Percent of Adequacy and Final Resources calculation. | ||||||
3 | (1) The Evidence-Based Funding formula establishes a | ||||||
4 | Percent of Adequacy for each Organizational Unit in order to | ||||||
5 | place such units into tiers for the purposes of the funding | ||||||
6 | distribution system described in subsection (g) of this | ||||||
7 | Section. Initially, an Organizational Unit's Preliminary | ||||||
8 | Resources and Preliminary Percent of Adequacy are calculated | ||||||
9 | pursuant to paragraph (2) of this subsection (f). Then, an | ||||||
10 | Organizational Unit's Final Resources and Final Percent of | ||||||
11 | Adequacy are calculated to account for the Organizational | ||||||
12 | Unit's poverty concentration levels pursuant to paragraphs (3) | ||||||
13 | and (4) of this subsection (f). | ||||||
14 | (2) An Organizational Unit's Preliminary Resources are | ||||||
15 | equal to the sum of its Local Capacity Target, CPPRT, and Base | ||||||
16 | Funding Minimum. An Organizational Unit's Preliminary Percent | ||||||
17 | of Adequacy is the lesser of (i) its Preliminary Resources | ||||||
18 | divided by its Adequacy Target or (ii) 100%. | ||||||
19 | (3) Except for Specially Funded Units, an Organizational | ||||||
20 | Unit's Final Resources are equal the sum of its Local Capacity, | ||||||
21 | CPPRT, and Adjusted Base Funding Minimum. The Base Funding | ||||||
22 | Minimum of each Specially Funded Unit shall serve as its Final | ||||||
23 | Resources, except that the Base Funding Minimum for | ||||||
24 | State-approved charter schools shall not include any portion of | ||||||
25 | general State aid allocated in the prior year based on the per | ||||||
26 | capita tuition charge times the charter school enrollment. |
| |||||||
| |||||||
1 | (4) An Organizational Unit's Final Percent of Adequacy is | ||||||
2 | its Final Resources divided by its Adequacy Target. A | ||||||
3 | Organizational Unit's Adjusted Base Funding Minimum is equal to | ||||||
4 | its Base Funding Minimum less its Supplemental Grant Funding, | ||||||
5 | with the resulting figure added to the product of its | ||||||
6 | Supplemental Grant Funding and Preliminary Percent of | ||||||
7 | Adequacy. | ||||||
8 | (g) Evidence-Based Funding formula distribution system. | ||||||
9 | (1) In each school year under the Evidence-Based Funding | ||||||
10 | formula, each Organizational Unit receives funding equal to the | ||||||
11 | sum of its Base Funding Minimum and the unit's allocation of | ||||||
12 | New State Funds determined pursuant to this subsection (g). To | ||||||
13 | allocate New State Funds, the Evidence-Based Funding formula | ||||||
14 | distribution system first places all Organizational Units into | ||||||
15 | one of 4 tiers in accordance with paragraph (3) of this | ||||||
16 | subsection (g), based on the Organizational Unit's Final | ||||||
17 | Percent of Adequacy. New State Funds are allocated to each of | ||||||
18 | the 4 tiers as follows: Tier 1 Aggregate Funding equals 40% of | ||||||
19 | all New State Funds, Tier 2 Aggregate Funding equals 59% of all | ||||||
20 | New State Funds, Tier 3 Aggregate Funding equals 0.9% of all | ||||||
21 | New State Funds, and Tier 4 Aggregate Funding equals 0.1% of | ||||||
22 | all New State Funds. Each Organizational Unit within Tier 1 or | ||||||
23 | Tier 2 receives an allocation of New State Funds equal to its | ||||||
24 | Tier Funding Gap, as defined in the following sentence, | ||||||
25 | multiplied by the tier's Allocation Rate determined pursuant to | ||||||
26 | paragraph (4) of this subsection (g). For Tier 1 and Tier 2, an |
| |||||||
| |||||||
1 | Organizational Unit's Funding Gap equals the Tier's Target | ||||||
2 | Ratio, as specified in paragraph (5) of this subsection (g), | ||||||
3 | multiplied by the Organizational Unit's Adequacy Target, with | ||||||
4 | the resulting amount reduced by the Organizational Unit's Final | ||||||
5 | Resources and, for Tier 2 Organizational Units, its Tier 1 | ||||||
6 | funding allocation. Each Organizational Unit within Tier 3 or | ||||||
7 | Tier 4 receives an allocation of New State Funds equal to the | ||||||
8 | product of its Adequacy Target and the Tier's Allocation Rate, | ||||||
9 | as specified in paragraph (4) of this subsection (g). | ||||||
10 | (2) To ensure equitable distribution of dollars for all | ||||||
11 | Tier 2 Organizational Units, no Tier 2 Organizational Unit | ||||||
12 | shall receive fewer dollars per ASE than any Tier 3 | ||||||
13 | Organizational Unit. Each Tier 2 and Tier 3 Organizational Unit | ||||||
14 | shall have its funding allocation divided by its ASE. Any Tier | ||||||
15 | 2 Organizational Unit with a funding allocation per ASE below | ||||||
16 | the greatest Tier 3 allocation per ASE shall get a funding | ||||||
17 | allocation equal to the greatest Tier 3 funding allocation per | ||||||
18 | ASE multiplied by the Organizational Unit's ASE. Each Tier 2 | ||||||
19 | Organizational Unit's Tier 2 funding allocation shall be | ||||||
20 | multiplied by the percentage calculated by dividing the | ||||||
21 | original Tier 2 Aggregate Funding by the sum of all Tier 2 | ||||||
22 | Organizational Unit's Tier 2 funding allocation after | ||||||
23 | adjusting districts' funding below Tier 3 levels. | ||||||
24 | (3) Organizational Units are placed into one of 4 tiers as | ||||||
25 | follows: | ||||||
26 | (A) Tier 1 consists of all Organizational Units, except |
| |||||||
| |||||||
1 | for Specially Funded Units, with a Percent of Adequacy less | ||||||
2 | than the Tier 1 Target Ratio. The Tier 1 Target Ratio is | ||||||
3 | the ratio level that allows for Tier 1 Aggregate Funding to | ||||||
4 | be distributed, with the Tier 1 Allocation Rate determined | ||||||
5 | pursuant to paragraph (4) of this subsection (g). | ||||||
6 | (B) Tier 2 consists of all Tier 1 Units and all other | ||||||
7 | Organizational Units, except for Specially Funded Units, | ||||||
8 | with a Percent of Adequacy of less than 0.90. | ||||||
9 | (C) Tier 3 consists of all Organizational Units, except | ||||||
10 | for Specially Funded Units, with a Percent of Adequacy of | ||||||
11 | at least 0.90 and less than 1.0. | ||||||
12 | (D) Tier 4 consists of all Organizational Units with a | ||||||
13 | Percent of Adequacy of at least 1.0 and Specially Funded | ||||||
14 | Units, excluding Glenwood Academy. | ||||||
15 | (4) The Allocation Rates for Tiers 1 through 4 is | ||||||
16 | determined as follows: | ||||||
17 | (A) The Tier 1 Allocation Rate is 40%. | ||||||
18 | (B) The Tier 2 Allocation Rate is the result of the | ||||||
19 | following equation: Tier 2 Aggregate Funding, divided by | ||||||
20 | the sum of the Funding Gaps for all Tier 2 Organizational | ||||||
21 | Units, unless the result of such equation is higher than | ||||||
22 | 1.0. If the result of such equation is higher than 1.0, | ||||||
23 | then the Tier 2 Allocation Rate is 1.0. | ||||||
24 | (C) The Tier 3 Allocation Rate is the result of the | ||||||
25 | following equation: Tier 3
Aggregate Funding, divided by | ||||||
26 | the sum of the Adequacy Targets of all Tier 3 |
| |||||||
| |||||||
1 | Organizational
Units. | ||||||
2 | (D) The Tier 4 Allocation Rate is the result of the | ||||||
3 | following equation: Tier 4
Aggregate Funding, divided by | ||||||
4 | the sum of the Adequacy Targets of all Tier 4 | ||||||
5 | Organizational
Units. | ||||||
6 | (5) A tier's Target Ratio is determined as follows: | ||||||
7 | (A) The Tier 1 Target Ratio is the ratio level that | ||||||
8 | allows for Tier 1 Aggregate Funding to be distributed with | ||||||
9 | the Tier 1 Allocation Rate. | ||||||
10 | (B) The Tier 2 Target Ratio is 0.90. | ||||||
11 | (C) The Tier 3 Target Ratio is 1.0. | ||||||
12 | (6) If, at any point, the Tier 1 Target Ratio is greater | ||||||
13 | than 90%, than all Tier 1 funding shall be allocated to Tier 2 | ||||||
14 | and no Tier 1 Organizational Unit's funding may be identified. | ||||||
15 | (7) In the event that all Tier 2 Organizational Units | ||||||
16 | receive funding at the Tier 2 Target Ratio level, any remaining | ||||||
17 | New State Funds shall be allocated to Tier 3 and Tier 4 | ||||||
18 | Organizational Units. | ||||||
19 | (8) If any Specially Funded Units, excluding Glenwood | ||||||
20 | Academy, recognized by the State Board do not qualify for | ||||||
21 | direct funding following the implementation of this amendatory | ||||||
22 | Act of the 100th General Assembly from any of the funding | ||||||
23 | sources included within the definition of Base Funding Minimum, | ||||||
24 | the unqualified portion of the Base Funding Minimum shall be | ||||||
25 | transferred to one or more appropriate Organizational Units as | ||||||
26 | determined by the State Superintendent based on the prior year |
| |||||||
| |||||||
1 | ASE of the Organizational Units. | ||||||
2 | (9) The Minimum Funding Level is intended to establish a | ||||||
3 | target for State funding that will keep pace with inflation and | ||||||
4 | continue to advance equity through the Evidence-Based Funding | ||||||
5 | formula. The Minimum Funding Level is equal to: (i) the
sum of | ||||||
6 | 1% of the State Adequacy Level, plus the ECI multiplied by the | ||||||
7 | State
Adequacy Level, less (ii) the total increase in Real | ||||||
8 | Receipts from the prior school year to the
current school year. | ||||||
9 | The Minimum Funding Level may never be greater than the sum of | ||||||
10 | the Preliminary Resources subtracted from the Adequacy Target | ||||||
11 | for each Tier 1, Tier 2, and Tier 3 Organizational Unit. The | ||||||
12 | General Assembly shall strive to provide sufficient | ||||||
13 | appropriations to annually fund the Minimum Funding Level. | ||||||
14 | (10) In the event of a decrease in the amount of the | ||||||
15 | appropriation for this Section in any fiscal year after | ||||||
16 | implementation of this Section, the Organizational Units | ||||||
17 | receiving Tier 1 and Tier 2 funding, as determined under | ||||||
18 | paragraph (3) of this subsection (g), shall be held harmless by | ||||||
19 | establishing a Base Funding Guarantee equal to the per pupil | ||||||
20 | kindergarten through grade 12 funding received in accordance | ||||||
21 | with this Section in the prior fiscal year. Reductions shall be
| ||||||
22 | made to the Base Funding Minimum of Organizational Units in | ||||||
23 | Tier 3 and Tier 4 on a
per pupil basis equivalent to the total | ||||||
24 | number of the ASE in Tier 3-funded and Tier 4-funded | ||||||
25 | Organizational Units divided by the total reduction in State | ||||||
26 | funding. The Base
Funding Minimum as reduced shall continue to |
| |||||||
| |||||||
1 | be applied to Tier 3 and Tier 4
Organizational Units and | ||||||
2 | adjusted by the relative formula when increases in
| ||||||
3 | appropriations for this Section resume. In no event may State | ||||||
4 | funding reductions to
Organizational Units in Tier 3 or Tier 4 | ||||||
5 | exceed an amount that would be less than the
Base Funding | ||||||
6 | Minimum established in the first year of implementation of this
| ||||||
7 | Section. If additional reductions are required, all school | ||||||
8 | districts shall receive a
reduction by a per pupil amount equal | ||||||
9 | to the aggregate additional appropriation
reduction divided by | ||||||
10 | the total ASE of all Organizational Units. | ||||||
11 | (11) The State Superintendent shall make minor adjustments | ||||||
12 | to the distribution formulae set forth in this subsection (g) | ||||||
13 | to account for the rounding of percentages to the nearest tenth | ||||||
14 | of a percentage and dollar amounts to the nearest whole dollar. | ||||||
15 | (h) State Superintendent administration of funding and | ||||||
16 | district submission requirements. | ||||||
17 | (1) The State Superintendent shall, in accordance with | ||||||
18 | appropriations made by the General Assembly, meet the funding | ||||||
19 | obligations created under this Section. | ||||||
20 | (2) The State Superintendent shall calculate the Adequacy | ||||||
21 | Target for each Organizational Unit and Net State Contribution | ||||||
22 | Target for each Organizational Unit under this Section. The | ||||||
23 | State Superintendent shall also certify the actual amounts of | ||||||
24 | the New State Funds payable for each eligible Organizational | ||||||
25 | Unit based on the equitable distribution calculation to the | ||||||
26 | unit's treasurer, as soon as possible after such amounts are |
| |||||||
| |||||||
1 | calculated, including any applicable adjusted charge-off | ||||||
2 | increase. No Evidence-Based Funding shall be distributed | ||||||
3 | within an Organizational Unit without the approval of the | ||||||
4 | unit's school board. | ||||||
5 | (3) Annually, the State Superintendent shall calculate and | ||||||
6 | report to each Organizational Unit the unit's aggregate | ||||||
7 | financial adequacy amount, which shall be the sum of the | ||||||
8 | Adequacy Target for each Organizational Unit. The State | ||||||
9 | Superintendent shall calculate and report separately for each | ||||||
10 | Organizational Unit the unit's total State funds allocated for | ||||||
11 | its students with disabilities. The State Superintendent shall | ||||||
12 | calculate and report separately for each Organizational Unit | ||||||
13 | the amount of funding and applicable FTE calculated for each | ||||||
14 | Essential Element of the unit's Adequacy Target. | ||||||
15 | (4) Moneys distributed under this Section shall be | ||||||
16 | calculated on a school year basis, but paid on a fiscal year | ||||||
17 | basis, with payments beginning in August and extending through | ||||||
18 | June. Unless otherwise provided, the moneys appropriated for | ||||||
19 | each fiscal year shall be distributed in 22 equal payments at | ||||||
20 | least 2 times monthly to each Organizational Unit. The State | ||||||
21 | Board shall publish a yearly distribution schedule at its | ||||||
22 | meeting in June. If moneys appropriated for any fiscal year are | ||||||
23 | distributed other than monthly, the distribution shall be on | ||||||
24 | the same basis for each Organizational Unit. | ||||||
25 | (5) Any school district that fails, for any given school | ||||||
26 | year, to maintain school as required by law or to maintain a |
| |||||||
| |||||||
1 | recognized school is not eligible to receive Evidence-Based | ||||||
2 | Funding. In case of non-recognition of one or more attendance | ||||||
3 | centers in a school district otherwise operating recognized | ||||||
4 | schools, the claim of the district shall be reduced in the | ||||||
5 | proportion that the enrollment in the attendance center or | ||||||
6 | centers bears to the enrollment of the school district. | ||||||
7 | "Recognized school" means any public school that meets the | ||||||
8 | standards for recognition by the State Board. A school district | ||||||
9 | or attendance center not having recognition status at the end | ||||||
10 | of a school term is entitled to receive State aid payments due | ||||||
11 | upon a legal claim that was filed while it was recognized. | ||||||
12 | (6) School district claims filed under this Section are | ||||||
13 | subject to Sections 18-9 and 18-12 of this Code, except as | ||||||
14 | otherwise provided in this Section. | ||||||
15 | (7) Each fiscal year, the State Superintendent shall | ||||||
16 | calculate for each Organizational Unit an amount of its Base | ||||||
17 | Funding Minimum and Evidence-Based Funding that shall be deemed | ||||||
18 | attributable to the provision of special educational | ||||||
19 | facilities and services, as defined in Section 14-1.08 of this | ||||||
20 | Code, in a manner that ensures compliance with maintenance of | ||||||
21 | State financial support requirements under the federal | ||||||
22 | Individuals with Disabilities Education Act. An Organizational | ||||||
23 | Unit must use such funds only for the provision of special | ||||||
24 | educational facilities and services, as defined in Section | ||||||
25 | 14-1.08 of this Code, and must comply with any expenditure | ||||||
26 | verification procedures adopted by the State Board. |
| |||||||
| |||||||
1 | (8) All Organizational Units in this State must submit | ||||||
2 | annual spending plans by the end of September of each year to | ||||||
3 | the State Board as part of the annual budget process, which | ||||||
4 | shall describe how each Organizational Unit will utilize the | ||||||
5 | Base Minimum Funding and Evidence-Based funding it receives | ||||||
6 | from this State under this Section with specific identification | ||||||
7 | of the intended utilization of Low-Income, EL, and special | ||||||
8 | education resources. Additionally, the annual spending plans | ||||||
9 | of each Organizational Unit shall describe how the | ||||||
10 | Organizational Unit expects to achieve student growth and how | ||||||
11 | the Organizational Unit will achieve State education goals, as | ||||||
12 | defined by the State Board. The State Superintendent may, from | ||||||
13 | time to time, identify additional requisites for | ||||||
14 | Organizational Units to satisfy when compiling the annual | ||||||
15 | spending plans required under this subsection (h). The format | ||||||
16 | and scope of annual spending plans shall be developed by the | ||||||
17 | State Superintendent in conjunction with the Professional | ||||||
18 | Review Panel. | ||||||
19 | (9) No later than January 1, 2018, the State Superintendent | ||||||
20 | shall develop a 5-year strategic plan for all Organizational | ||||||
21 | Units to help in planning for adequacy funding under this | ||||||
22 | Section. The State Superintendent shall submit the plan to the | ||||||
23 | Governor and the General Assembly, as provided in Section 3.1 | ||||||
24 | of the General Assembly Organization Act. The plan shall | ||||||
25 | include recommendations for: | ||||||
26 | (A) a framework for collaborative, professional, |
| |||||||
| |||||||
1 | innovative, and 21st century learning environments using | ||||||
2 | the Evidence-Based Funding model; | ||||||
3 | (B) ways to prepare and support this State's educators | ||||||
4 | for successful instructional careers; | ||||||
5 | (C) application and enhancement of the current | ||||||
6 | financial accountability measures, the approved State plan | ||||||
7 | to comply with the federal Every Student Succeeds Act, and | ||||||
8 | the Illinois Balanced Accountability Measures in relation | ||||||
9 | to student growth and elements of the Evidence-Based | ||||||
10 | Funding model; and | ||||||
11 | (D) implementation of an effective school adequacy | ||||||
12 | funding system based on projected and recommended funding | ||||||
13 | levels from the General Assembly. | ||||||
14 | (i) Professional Review Panel. | ||||||
15 | (1) A Professional Review Panel is created to study and | ||||||
16 | review the implementation and effect of the Evidence-Based | ||||||
17 | Funding model under this Section and to recommend continual | ||||||
18 | recalibration and future study topics and modifications to the | ||||||
19 | Evidence-Based Funding model. The Panel shall elect a | ||||||
20 | chairperson and vice chairperson by a majority vote of the | ||||||
21 | Panel and shall advance recommendations based on a majority | ||||||
22 | vote of the Panel. A minority opinion may also accompany any | ||||||
23 | recommendation of the majority of the Panel. The Panel shall be | ||||||
24 | appointed by the State Superintendent, except as otherwise | ||||||
25 | provided in paragraph (2) of this subsection (i) and include | ||||||
26 | the following members: |
| |||||||
| |||||||
1 | (A) Two appointees that represent district | ||||||
2 | superintendents, recommended by a statewide organization | ||||||
3 | that represents district superintendents. | ||||||
4 | (B) Two appointees that represent school boards, | ||||||
5 | recommended by a statewide organization that represents | ||||||
6 | school boards. | ||||||
7 | (C) Two appointees from districts that represent | ||||||
8 | school business officials, recommended by a statewide | ||||||
9 | organization that represents school business officials. | ||||||
10 | (D) Two appointees that represent school principals, | ||||||
11 | recommended by a statewide organization that represents | ||||||
12 | school principals. | ||||||
13 | (E) Two appointees that represent teachers, | ||||||
14 | recommended by a statewide organization that represents | ||||||
15 | teachers. | ||||||
16 | (F) Two appointees that represent teachers, | ||||||
17 | recommended by another statewide organization that | ||||||
18 | represents teachers. | ||||||
19 | (G) Two appointees that represent regional | ||||||
20 | superintendents of schools, recommended by organizations | ||||||
21 | that represent regional superintendents. | ||||||
22 | (H) Two independent experts selected solely by the | ||||||
23 | State Superintendent. | ||||||
24 | (I) Two independent experts recommended by public | ||||||
25 | universities in this State. | ||||||
26 | (J) One member recommended by a statewide organization |
| |||||||
| |||||||
1 | that represents parents. | ||||||
2 | (K) Two representatives recommended by collective | ||||||
3 | impact organizations that represent major metropolitan | ||||||
4 | areas or geographic areas in Illinois. | ||||||
5 | (L) One member from a statewide organization focused on | ||||||
6 | research-based education policy to support a school system | ||||||
7 | that prepares all students for college, a career, and | ||||||
8 | democratic citizenship. | ||||||
9 | (M) One representative from a school district | ||||||
10 | organized under Article 34 of this Code. | ||||||
11 | The State Superintendent shall ensure that the membership of | ||||||
12 | the Panel includes representatives from school districts and | ||||||
13 | communities reflecting the geographic, socio-economic, racial, | ||||||
14 | and ethnic diversity of this State. The State Superintendent | ||||||
15 | shall additionally ensure that the membership of the Panel | ||||||
16 | includes representatives with expertise in bilingual education | ||||||
17 | and special education. Staff from the State Board shall staff | ||||||
18 | the Panel. | ||||||
19 | (2) In addition to those Panel members appointed by the | ||||||
20 | State Superintendent, 4 members of the General Assembly shall | ||||||
21 | be appointed as follows: one member of the House of | ||||||
22 | Representatives appointed by the Speaker of the House of | ||||||
23 | Representatives, one member of the Senate appointed by the | ||||||
24 | President of the Senate, one member of the House of | ||||||
25 | Representatives appointed by the Minority Leader of the House | ||||||
26 | of Representatives, and one member of the Senate appointed by |
| |||||||
| |||||||
1 | the Minority Leader of the Senate. There shall be one | ||||||
2 | additional member appointed by the Governor. All members | ||||||
3 | appointed by legislative leaders or the Governor shall be | ||||||
4 | non-voting, ex officio members. | ||||||
5 | (3) On an annual basis, the State Superintendent shall | ||||||
6 | recalibrate the following per pupil elements of the Adequacy | ||||||
7 | Target and applied to the formulas, based on the Panel's study | ||||||
8 | of average expenses as reported in the most recent annual | ||||||
9 | financial report: | ||||||
10 | (A) gifted under subparagraph (M) of paragraph (2) of | ||||||
11 | subsection (b) of this Section; | ||||||
12 | (B) instructional materials under subparagraph (O) of | ||||||
13 | paragraph (2) of subsection (b) of this Section; | ||||||
14 | (C) assessment under subparagraph (P) of paragraph (2) | ||||||
15 | of subsection (b) of this Section; | ||||||
16 | (D) student activities under subparagraph (R) of | ||||||
17 | paragraph (2) of subsection (b) of this Section; | ||||||
18 | (E) maintenance and operations under subparagraph (S) | ||||||
19 | of paragraph (2) of subsection (b) of this Section; and | ||||||
20 | (F) central office under subparagraph (T) of paragraph | ||||||
21 | (2) of subsection (b) of this Section. | ||||||
22 | (4) On a periodic basis, the Panel shall study all the | ||||||
23 | following elements and make recommendations to the State Board, | ||||||
24 | the General Assembly, and the Governor for modification of this | ||||||
25 | Section: | ||||||
26 | (A) The format and scope of annual spending plans |
| |||||||
| |||||||
1 | referenced in subsection (h) paragraph (8) of this Section. | ||||||
2 | (B) The Comparable Wage Index under this Section, to be | ||||||
3 | studied by the Panel and reestablished by the State | ||||||
4 | Superintendent every 5 years. | ||||||
5 | (C) Maintenance and operations. Within 5 years after | ||||||
6 | the implementation of this Section, the Panel shall make | ||||||
7 | recommendations for the further study of maintenance and | ||||||
8 | operations costs, including capital maintenance costs, and | ||||||
9 | recommend any additional reporting data required from | ||||||
10 | Organizational Units. | ||||||
11 | (D) "At-risk student" definition. Within 5 years after | ||||||
12 | the implementation of this Section, the Panel shall make | ||||||
13 | recommendations for the further study and determination of | ||||||
14 | an "at-risk student" definition. Within 5 years after the | ||||||
15 | implementation of this Section, the Panel shall evaluate | ||||||
16 | and make recommendations regarding adequate funding for | ||||||
17 | poverty concentration under the Evidence-Based Funding | ||||||
18 | model. | ||||||
19 | (E) Benefits. Within 5 years after the implementation | ||||||
20 | of this Section, the Panel shall make recommendations for | ||||||
21 | further study of benefit costs. | ||||||
22 | (F) Technology. The per pupil target for technology | ||||||
23 | shall be reviewed every 3 years to determine whether | ||||||
24 | current allocations are sufficient to develop 21st century | ||||||
25 | learning in all classrooms in this State and supporting a | ||||||
26 | one-to-one technological device program in each school. |
| |||||||
| |||||||
1 | Recommendations shall be made no later than 3 years after | ||||||
2 | the implementation of this Section. | ||||||
3 | (G) Local Capacity Target. Within 3 years after the | ||||||
4 | implementation of this Section, the Panel shall make | ||||||
5 | recommendations for any additional data desired to analyze | ||||||
6 | possible modifications to the Local Capacity Target, to be | ||||||
7 | based on measures in addition to solely EAV and to be | ||||||
8 | completed within 5 years after implementation of this | ||||||
9 | Section. | ||||||
10 | (H) Funding for Alternative Schools, Laboratory | ||||||
11 | Schools, safe schools, and alternative learning | ||||||
12 | opportunities programs. By the beginning of the 2021-2022 | ||||||
13 | school year, the Panel shall study and make recommendations | ||||||
14 | regarding the funding levels for Alternative Schools, | ||||||
15 | Laboratory Schools, safe schools, and alternative learning | ||||||
16 | opportunities programs in this State. | ||||||
17 | (I) Funding for college and career acceleration | ||||||
18 | strategies. By the beginning of the 2021-2022 school year, | ||||||
19 | the Panel shall study and make recommendations regarding | ||||||
20 | funding levels to support college and career acceleration | ||||||
21 | strategies in high school that have been demonstrated to | ||||||
22 | result in improved secondary and postsecondary outcomes, | ||||||
23 | including Advanced Placement, dual-credit opportunities, | ||||||
24 | and college and career pathway systems. | ||||||
25 | (J) Special education investments. By the beginning of | ||||||
26 | the 2021-2022 school year, the Panel shall study and make |
| |||||||
| |||||||
1 | recommendations on whether and how to account for | ||||||
2 | disability types within the special education funding | ||||||
3 | category. | ||||||
4 | (K) Early childhood investments. In collaboration with | ||||||
5 | the Illinois Early Learning Council, the Panel shall | ||||||
6 | include an analysis of what level of Preschool for All | ||||||
7 | Children funding would be necessary to serve all children | ||||||
8 | ages 0 through 5 years in the highest-priority service | ||||||
9 | tier, as specified in paragraph (4.5) of subsection (a) of | ||||||
10 | Section 2-3.71 of this Code, and an analysis of the | ||||||
11 | potential cost savings that that level of Preschool for All | ||||||
12 | Children investment would have on the kindergarten through | ||||||
13 | grade 12 system. | ||||||
14 | (5) Within 5 years after the implementation of this | ||||||
15 | Section, the Panel shall complete an evaluative study of the | ||||||
16 | entire Evidence-Based Funding model, including an assessment | ||||||
17 | of whether or not the formula is achieving State goals. The | ||||||
18 | Panel shall report to the State Board, the General Assembly, | ||||||
19 | and the Governor on the findings of the study. | ||||||
20 | (6) Within 3 years after the implementation of this | ||||||
21 | Section, the Panel shall evaluate and provide recommendations | ||||||
22 | to the Governor and the General Assembly on the hold-harmless | ||||||
23 | provisions of this Section found in the Base Funding Minimum. | ||||||
24 | (j) References. Beginning July 1, 2017, references in other | ||||||
25 | laws to general State aid funds or calculations under Section | ||||||
26 | 18-8.05 of this Code shall be deemed to be references to |
| |||||||
| |||||||
1 | evidence-based model formula funds or calculations under this | ||||||
2 | Section.
| ||||||
3 | (105 ILCS 5/18-9) (from Ch. 122, par. 18-9)
| ||||||
4 | Sec. 18-9. Requirement for special equalization and | ||||||
5 | supplementary
State aid. If property comprising an aggregate | ||||||
6 | assessed valuation equal to 6% or
more
of the total assessed | ||||||
7 | valuation of all taxable property in a school district is
owned | ||||||
8 | by a
person or corporation that is the subject of bankruptcy | ||||||
9 | proceedings or that has
been
adjudged bankrupt and, as a result | ||||||
10 | thereof, has not paid taxes on the
property, then the
district | ||||||
11 | may amend its general State aid or evidence-based funding claim | ||||||
12 | (i) back to the inception of the
bankruptcy,
not to exceed 6 | ||||||
13 | years, in which time those taxes were not paid and (ii) for
| ||||||
14 | each
succeeding year that those taxes remain unpaid, by adding | ||||||
15 | to the claim an
amount
determined by multiplying the assessed | ||||||
16 | valuation of the property on which taxes
have not
been paid due | ||||||
17 | to the bankruptcy by the lesser of the total tax rate for the
| ||||||
18 | district for the
tax year for which the taxes are unpaid or the | ||||||
19 | applicable rate used in
calculating the
district's general | ||||||
20 | State aid under paragraph (3) of subsection (D) of Section
| ||||||
21 | 18-8.05 of
this Code or evidence-based funding under Section
| ||||||
22 | 18-8.15 of
this Code, as applicable . If at any time a district | ||||||
23 | that receives additional State aid under
this Section receives | ||||||
24 | tax revenue from the property for the years that taxes were not
| ||||||
25 | paid, the
district's next claim for State aid shall be reduced |
| |||||||
| |||||||
1 | in an amount equal to the
taxes paid on
the property, not to | ||||||
2 | exceed the additional State aid received under this Section.
| ||||||
3 | Claims under this Section shall be filed on forms prescribed by | ||||||
4 | the
State
Superintendent of Education, and the State | ||||||
5 | Superintendent of Education, upon
receipt of
a claim, shall | ||||||
6 | adjust the claim in accordance with the provisions of this | ||||||
7 | Section.
Supplementary State aid for each succeeding year under | ||||||
8 | this Section
shall be paid
beginning with the first general | ||||||
9 | State aid or evidence-based funding claim paid after the | ||||||
10 | district has
filed a
completed claim in accordance with this | ||||||
11 | Section.
| ||||||
12 | (Source: P.A. 95-496, eff. 8-28-07.)
| ||||||
13 | (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
| ||||||
14 | Sec. 18-12. Dates for filing State aid claims. The school | ||||||
15 | board of
each school district, a regional office of education, | ||||||
16 | a laboratory school, or a State-authorized charter school shall | ||||||
17 | require teachers, principals, or
superintendents to furnish | ||||||
18 | from records kept by them such data as it
needs in preparing | ||||||
19 | and certifying to the State Superintendent of Education
its | ||||||
20 | report of claims provided in Section
18-8.05 of this Code. The | ||||||
21 | claim
shall be based on the latest available equalized assessed | ||||||
22 | valuation and tax
rates, as provided in Section 18-8.05 or | ||||||
23 | 18-8.15 , shall use the average
daily
attendance as determined | ||||||
24 | by the method outlined in Section 18-8.05 or 18-8.15 ,
and shall | ||||||
25 | be
certified and filed with the State Superintendent of |
| |||||||
| |||||||
1 | Education by June 21
for districts and State-authorized charter | ||||||
2 | schools with an
official
school calendar end date before June | ||||||
3 | 15 or within 2 weeks following the
official school calendar end | ||||||
4 | date for districts, regional offices of education, laboratory | ||||||
5 | schools, or State-authorized charter schools with a school year | ||||||
6 | end date
of June 15 or later.
Failure to
so file by these | ||||||
7 | deadlines constitutes a forfeiture of the right
to
receive | ||||||
8 | payment by
the State until such claim is filed. The
State | ||||||
9 | Superintendent of Education shall voucher
for payment those | ||||||
10 | claims to the State Comptroller as provided in Section 18-11.
| ||||||
11 | Except as otherwise provided in this Section, if any school | ||||||
12 | district
fails to provide the minimum school term specified
in | ||||||
13 | Section 10-19, the State aid claim for that year shall be | ||||||
14 | reduced by the
State Superintendent of Education in an amount | ||||||
15 | equivalent to 1/176 or .56818% for
each day less than the | ||||||
16 | number of days required by this Code.
| ||||||
17 | If
the State Superintendent of Education determines that | ||||||
18 | the failure
to
provide the minimum school term was occasioned | ||||||
19 | by an act or acts of God, or
was occasioned by conditions | ||||||
20 | beyond the control of the school district
which posed a | ||||||
21 | hazardous threat to the health and safety of pupils, the
State | ||||||
22 | aid claim need not be reduced.
| ||||||
23 | If a school district is precluded from providing the | ||||||
24 | minimum hours of instruction required for a full day of | ||||||
25 | attendance due to an adverse weather condition or a condition | ||||||
26 | beyond the control of the school district that poses a |
| |||||||
| |||||||
1 | hazardous threat to the health and safety of students, then the | ||||||
2 | partial day of attendance may be counted if (i) the school | ||||||
3 | district has provided at least one hour of instruction prior to | ||||||
4 | the closure of the school district, (ii) a school building has | ||||||
5 | provided at least one hour of instruction prior to the closure | ||||||
6 | of the school building, or (iii) the normal start time of the | ||||||
7 | school district is delayed. | ||||||
8 | If, prior to providing any instruction, a school district | ||||||
9 | must close one or more but not all school buildings after | ||||||
10 | consultation with a local emergency response agency or due to a | ||||||
11 | condition beyond the control of the school district, then the | ||||||
12 | school district may claim attendance for up to 2 school days | ||||||
13 | based on the average attendance of the 3 school days | ||||||
14 | immediately preceding the closure of the affected school | ||||||
15 | building or, if approved by the State Board of Education, | ||||||
16 | utilize the provisions of an e-learning program for the | ||||||
17 | affected school building as prescribed in Section 10-20.56 of | ||||||
18 | this Code. The partial or no day of attendance described in | ||||||
19 | this Section and the reasons therefore shall be certified | ||||||
20 | within a month of the closing or delayed start by the school | ||||||
21 | district superintendent to the regional superintendent of | ||||||
22 | schools for forwarding to the State Superintendent of Education | ||||||
23 | for approval.
| ||||||
24 | Other than the utilization of any e-learning days as | ||||||
25 | prescribed in Section 10-20.56 of this Code, no exception to | ||||||
26 | the requirement of providing a minimum school term may
be |
| |||||||
| |||||||
1 | approved by the State Superintendent of Education pursuant to | ||||||
2 | this Section
unless a school district has first used all | ||||||
3 | emergency days provided for
in its regular calendar.
| ||||||
4 | If the State Superintendent of Education declares that an | ||||||
5 | energy
shortage exists during any part of the school year for | ||||||
6 | the State or a
designated portion of the State, a district may | ||||||
7 | operate the school
attendance centers within the district 4 | ||||||
8 | days of the week during the
time of the shortage by extending | ||||||
9 | each existing school day by one clock
hour of school work, and | ||||||
10 | the State aid claim shall not be reduced, nor
shall the | ||||||
11 | employees of that district suffer any reduction in salary or
| ||||||
12 | benefits as a result thereof. A district may operate all | ||||||
13 | attendance
centers on this revised schedule, or may apply the | ||||||
14 | schedule to selected
attendance centers, taking into | ||||||
15 | consideration such factors as pupil
transportation schedules | ||||||
16 | and patterns and sources of energy for
individual attendance | ||||||
17 | centers.
| ||||||
18 | Electronically submitted State aid claims shall be | ||||||
19 | submitted by
duly authorized district individuals over a secure | ||||||
20 | network
that is password protected. The electronic submission | ||||||
21 | of a State aid
claim must be accompanied with an affirmation | ||||||
22 | that all of the provisions
of Sections 18-8.05, 10-22.5, and | ||||||
23 | 24-4 of this Code are
met in all respects.
| ||||||
24 | (Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16.)
| ||||||
25 | (105 ILCS 5/26-16) |
| |||||||
| |||||||
1 | Sec. 26-16. Graduation incentives program.
| ||||||
2 | (a) The General Assembly finds that it is critical to | ||||||
3 | provide options for children to succeed in school. The purpose | ||||||
4 | of this Section is to provide incentives for and encourage all | ||||||
5 | Illinois students who have experienced or are experiencing | ||||||
6 | difficulty in the traditional education system to enroll in | ||||||
7 | alternative programs. | ||||||
8 | (b) Any student who is below the age of 20 years is | ||||||
9 | eligible to enroll in a graduation incentives program if he or | ||||||
10 | she: | ||||||
11 | (1) is considered a dropout pursuant to Section 26-2a | ||||||
12 | of this Code; | ||||||
13 | (2) has been suspended or expelled pursuant to Section | ||||||
14 | 10-22.6 or 34-19 of
this Code; | ||||||
15 | (3) is pregnant or is a parent; | ||||||
16 | (4) has been assessed as chemically dependent; or | ||||||
17 | (5) is enrolled in a bilingual education or LEP | ||||||
18 | program. | ||||||
19 | (c) The following programs qualify as graduation | ||||||
20 | incentives programs for students meeting the criteria | ||||||
21 | established in this Section: | ||||||
22 | (1) Any public elementary or secondary education | ||||||
23 | graduation incentives program established by a school | ||||||
24 | district or by a regional office of education. | ||||||
25 | (2) Any alternative learning opportunities program | ||||||
26 | established pursuant to Article 13B of this Code. |
| |||||||
| |||||||
1 | (3) Vocational or job training courses approved by the | ||||||
2 | State Superintendent of Education that are available | ||||||
3 | through the Illinois public community college system. | ||||||
4 | Students may apply for reimbursement of 50% of tuition | ||||||
5 | costs for one course per semester or a maximum of 3 courses | ||||||
6 | per school year. Subject to available funds, students may | ||||||
7 | apply for reimbursement of up to 100% of tuition costs upon | ||||||
8 | a showing of employment within 6 months after completion of | ||||||
9 | a vocational or job training program. The qualifications | ||||||
10 | for reimbursement shall be established by the State | ||||||
11 | Superintendent of Education by rule. | ||||||
12 | (4) Job and career programs approved by the State | ||||||
13 | Superintendent of Education that are available through | ||||||
14 | Illinois-accredited private business and vocational | ||||||
15 | schools. Subject to available funds, pupils may apply for | ||||||
16 | reimbursement of up to 100% of tuition costs upon a showing | ||||||
17 | of employment within 6 months after completion of a job or | ||||||
18 | career program. The State Superintendent of Education | ||||||
19 | shall establish, by rule, the qualifications for | ||||||
20 | reimbursement, criteria for determining reimbursement | ||||||
21 | amounts, and limits on reimbursement. | ||||||
22 | (5) Adult education courses that offer preparation for | ||||||
23 | high school equivalency testing. | ||||||
24 | (d) Graduation incentives programs established by school | ||||||
25 | districts are entitled to claim general State aid and | ||||||
26 | evidence-based funding , subject to Sections 13B-50, 13B-50.5, |
| |||||||
| |||||||
1 | and 13B-50.10 of this Code. Graduation incentives programs | ||||||
2 | operated by regional offices of education are entitled to | ||||||
3 | receive general State aid and evidence-based funding at the | ||||||
4 | foundation level of support per pupil enrolled. A school | ||||||
5 | district must ensure that its graduation incentives program | ||||||
6 | receives supplemental general State aid, transportation | ||||||
7 | reimbursements, and special education resources, if | ||||||
8 | appropriate, for students enrolled in the program.
| ||||||
9 | (Source: P.A. 98-718, eff. 1-1-15 .) | ||||||
10 | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | ||||||
11 | (Text of Section before amendment by P.A. 99-927 ) | ||||||
12 | Sec. 27-8.1. Health examinations and immunizations. | ||||||
13 | (1) In compliance with rules and regulations which the | ||||||
14 | Department of Public
Health shall promulgate, and except as | ||||||
15 | hereinafter provided, all children in
Illinois shall have a | ||||||
16 | health examination as follows: within one year prior to
| ||||||
17 | entering kindergarten or the first grade of any public, | ||||||
18 | private, or parochial
elementary school; upon entering the | ||||||
19 | sixth and ninth grades of any public,
private, or parochial | ||||||
20 | school; prior to entrance into any public, private, or
| ||||||
21 | parochial nursery school; and, irrespective of grade, | ||||||
22 | immediately prior to or
upon entrance into any public, private, | ||||||
23 | or parochial school or nursery school,
each child shall present | ||||||
24 | proof of having been examined in accordance with this
Section | ||||||
25 | and the rules and regulations promulgated hereunder. Any child |
| |||||||
| |||||||
1 | who received a health examination within one year prior to | ||||||
2 | entering the fifth grade for the 2007-2008 school year is not | ||||||
3 | required to receive an additional health examination in order | ||||||
4 | to comply with the provisions of Public Act 95-422 when he or | ||||||
5 | she attends school for the 2008-2009 school year, unless the | ||||||
6 | child is attending school for the first time as provided in | ||||||
7 | this paragraph. | ||||||
8 | A tuberculosis skin test screening shall be included as a | ||||||
9 | required part of
each health examination included under this | ||||||
10 | Section if the child resides in an
area designated by the | ||||||
11 | Department of Public Health as having a high incidence
of | ||||||
12 | tuberculosis. Additional health examinations of pupils, | ||||||
13 | including eye examinations, may be required when deemed | ||||||
14 | necessary by school
authorities. Parents are encouraged to have | ||||||
15 | their children undergo eye examinations at the same points in | ||||||
16 | time required for health
examinations. | ||||||
17 | (1.5) In compliance with rules adopted by the Department of | ||||||
18 | Public Health and except as otherwise provided in this Section, | ||||||
19 | all children in kindergarten and the second and sixth grades of | ||||||
20 | any public, private, or parochial school shall have a dental | ||||||
21 | examination. Each of these children shall present proof of | ||||||
22 | having been examined by a dentist in accordance with this | ||||||
23 | Section and rules adopted under this Section before May 15th of | ||||||
24 | the school year. If a child in the second or sixth grade fails | ||||||
25 | to present proof by May 15th, the school may hold the child's | ||||||
26 | report card until one of the following occurs: (i) the child |
| |||||||
| |||||||
1 | presents proof of a completed dental examination or (ii) the | ||||||
2 | child presents proof that a dental examination will take place | ||||||
3 | within 60 days after May 15th. The Department of Public Health | ||||||
4 | shall establish, by rule, a waiver for children who show an | ||||||
5 | undue burden or a lack of access to a dentist. Each public, | ||||||
6 | private, and parochial school must give notice of this dental | ||||||
7 | examination requirement to the parents and guardians of | ||||||
8 | students at least 60 days before May 15th of each school year.
| ||||||
9 | (1.10) Except as otherwise provided in this Section, all | ||||||
10 | children enrolling in kindergarten in a public, private, or | ||||||
11 | parochial school on or after the effective date of this | ||||||
12 | amendatory Act of the 95th General Assembly and any student | ||||||
13 | enrolling for the first time in a public, private, or parochial | ||||||
14 | school on or after the effective date of this amendatory Act of | ||||||
15 | the 95th General Assembly shall have an eye examination. Each | ||||||
16 | of these children shall present proof of having been examined | ||||||
17 | by a physician licensed to practice medicine in all of its | ||||||
18 | branches or a licensed optometrist within the previous year, in | ||||||
19 | accordance with this Section and rules adopted under this | ||||||
20 | Section, before October 15th of the school year. If the child | ||||||
21 | fails to present proof by October 15th, the school may hold the | ||||||
22 | child's report card until one of the following occurs: (i) the | ||||||
23 | child presents proof of a completed eye examination or (ii) the | ||||||
24 | child presents proof that an eye examination will take place | ||||||
25 | within 60 days after October 15th. The Department of Public | ||||||
26 | Health shall establish, by rule, a waiver for children who show |
| |||||||
| |||||||
1 | an undue burden or a lack of access to a physician licensed to | ||||||
2 | practice medicine in all of its branches who provides eye | ||||||
3 | examinations or to a licensed optometrist. Each public, | ||||||
4 | private, and parochial school must give notice of this eye | ||||||
5 | examination requirement to the parents and guardians of | ||||||
6 | students in compliance with rules of the Department of Public | ||||||
7 | Health. Nothing in this Section shall be construed to allow a | ||||||
8 | school to exclude a child from attending because of a parent's | ||||||
9 | or guardian's failure to obtain an eye examination for the | ||||||
10 | child.
| ||||||
11 | (2) The Department of Public Health shall promulgate rules | ||||||
12 | and regulations
specifying the examinations and procedures | ||||||
13 | that constitute a health examination, which shall include the | ||||||
14 | collection of data relating to obesity
(including at a minimum, | ||||||
15 | date of birth, gender, height, weight, blood pressure, and date | ||||||
16 | of exam),
and a dental examination and may recommend by rule | ||||||
17 | that certain additional examinations be performed.
The rules | ||||||
18 | and regulations of the Department of Public Health shall | ||||||
19 | specify that
a tuberculosis skin test screening shall be | ||||||
20 | included as a required part of each
health examination included | ||||||
21 | under this Section if the child resides in an area
designated | ||||||
22 | by the Department of Public Health as having a high incidence | ||||||
23 | of
tuberculosis.
The Department of Public Health shall specify | ||||||
24 | that a diabetes
screening as defined by rule shall be included | ||||||
25 | as a required part of each
health examination.
Diabetes testing | ||||||
26 | is not required. |
| |||||||
| |||||||
1 | Physicians licensed to practice medicine in all of its | ||||||
2 | branches, licensed advanced
practice nurses, or licensed | ||||||
3 | physician assistants shall be
responsible for the performance | ||||||
4 | of the health examinations, other than dental
examinations, eye | ||||||
5 | examinations, and vision and hearing screening, and shall sign | ||||||
6 | all report forms
required by subsection (4) of this Section | ||||||
7 | that pertain to those portions of
the health examination for | ||||||
8 | which the physician, advanced practice nurse, or
physician | ||||||
9 | assistant is responsible.
If a registered
nurse performs any | ||||||
10 | part of a health examination, then a physician licensed to
| ||||||
11 | practice medicine in all of its branches must review and sign | ||||||
12 | all required
report forms. Licensed dentists shall perform all | ||||||
13 | dental examinations and
shall sign all report forms required by | ||||||
14 | subsection (4) of this Section that
pertain to the dental | ||||||
15 | examinations. Physicians licensed to practice medicine
in all | ||||||
16 | its branches or licensed optometrists shall perform all eye | ||||||
17 | examinations
required by this Section and shall sign all report | ||||||
18 | forms required by
subsection (4) of this Section that pertain | ||||||
19 | to the eye examination. For purposes of this Section, an eye | ||||||
20 | examination shall at a minimum include history, visual acuity, | ||||||
21 | subjective refraction to best visual acuity near and far, | ||||||
22 | internal and external examination, and a glaucoma evaluation, | ||||||
23 | as well as any other tests or observations that in the | ||||||
24 | professional judgment of the doctor are necessary. Vision and
| ||||||
25 | hearing screening tests, which shall not be considered | ||||||
26 | examinations as that
term is used in this Section, shall be |
| |||||||
| |||||||
1 | conducted in accordance with rules and
regulations of the | ||||||
2 | Department of Public Health, and by individuals whom the
| ||||||
3 | Department of Public Health has certified.
In these rules and | ||||||
4 | regulations, the Department of Public Health shall
require that | ||||||
5 | individuals conducting vision screening tests give a child's
| ||||||
6 | parent or guardian written notification, before the vision | ||||||
7 | screening is
conducted, that states, "Vision screening is not a | ||||||
8 | substitute for a
complete eye and vision evaluation by an eye | ||||||
9 | doctor. Your child is not
required to undergo this vision | ||||||
10 | screening if an optometrist or
ophthalmologist has completed | ||||||
11 | and signed a report form indicating that
an examination has | ||||||
12 | been administered within the previous 12 months." | ||||||
13 | (3) Every child shall, at or about the same time as he or | ||||||
14 | she receives
a health examination required by subsection (1) of | ||||||
15 | this Section, present
to the local school proof of having | ||||||
16 | received such immunizations against
preventable communicable | ||||||
17 | diseases as the Department of Public Health shall
require by | ||||||
18 | rules and regulations promulgated pursuant to this Section and | ||||||
19 | the
Communicable Disease Prevention Act. | ||||||
20 | (4) The individuals conducting the health examination,
| ||||||
21 | dental examination, or eye examination shall record the
fact of | ||||||
22 | having conducted the examination, and such additional | ||||||
23 | information as
required, including for a health examination
| ||||||
24 | data relating to obesity
(including at a minimum, date of | ||||||
25 | birth, gender, height, weight, blood pressure, and date of | ||||||
26 | exam), on uniform forms which the Department of Public Health |
| |||||||
| |||||||
1 | and the State
Board of Education shall prescribe for statewide | ||||||
2 | use. The examiner shall
summarize on the report form any | ||||||
3 | condition that he or she suspects indicates a
need for special | ||||||
4 | services, including for a health examination factors relating | ||||||
5 | to obesity. The individuals confirming the administration of
| ||||||
6 | required immunizations shall record as indicated on the form | ||||||
7 | that the
immunizations were administered. | ||||||
8 | (5) If a child does not submit proof of having had either | ||||||
9 | the health
examination or the immunization as required, then | ||||||
10 | the child shall be examined
or receive the immunization, as the | ||||||
11 | case may be, and present proof by October
15 of the current | ||||||
12 | school year, or by an earlier date of the current school year
| ||||||
13 | established by a school district. To establish a date before | ||||||
14 | October 15 of the
current school year for the health | ||||||
15 | examination or immunization as required, a
school district must | ||||||
16 | give notice of the requirements of this Section 60 days
prior | ||||||
17 | to the earlier established date. If for medical reasons one or | ||||||
18 | more of
the required immunizations must be given after October | ||||||
19 | 15 of the current school
year, or after an earlier established | ||||||
20 | date of the current school year, then
the child shall present, | ||||||
21 | by October 15, or by the earlier established date, a
schedule | ||||||
22 | for the administration of the immunizations and a statement of | ||||||
23 | the
medical reasons causing the delay, both the schedule and | ||||||
24 | the statement being
issued by the physician, advanced practice | ||||||
25 | nurse, physician assistant,
registered nurse, or local health | ||||||
26 | department that will
be responsible for administration of the |
| |||||||
| |||||||
1 | remaining required immunizations. If
a child does not comply by | ||||||
2 | October 15, or by the earlier established date of
the current | ||||||
3 | school year, with the requirements of this subsection, then the
| ||||||
4 | local school authority shall exclude that child from school | ||||||
5 | until such time as
the child presents proof of having had the | ||||||
6 | health examination as required and
presents proof of having | ||||||
7 | received those required immunizations which are
medically | ||||||
8 | possible to receive immediately. During a child's exclusion | ||||||
9 | from
school for noncompliance with this subsection, the child's | ||||||
10 | parents or legal
guardian shall be considered in violation of | ||||||
11 | Section 26-1 and subject to any
penalty imposed by Section | ||||||
12 | 26-10. This subsection (5) does not apply to dental | ||||||
13 | examinations and eye examinations. If the student is an | ||||||
14 | out-of-state transfer student and does not have the proof | ||||||
15 | required under this subsection (5) before October 15 of the | ||||||
16 | current year or whatever date is set by the school district, | ||||||
17 | then he or she may only attend classes (i) if he or she has | ||||||
18 | proof that an appointment for the required vaccinations has | ||||||
19 | been scheduled with a party authorized to submit proof of the | ||||||
20 | required vaccinations. If the proof of vaccination required | ||||||
21 | under this subsection (5) is not submitted within 30 days after | ||||||
22 | the student is permitted to attend classes, then the student is | ||||||
23 | not to be permitted to attend classes until proof of the | ||||||
24 | vaccinations has been properly submitted. No school district or | ||||||
25 | employee of a school district shall be held liable for any | ||||||
26 | injury or illness to another person that results from admitting |
| |||||||
| |||||||
1 | an out-of-state transfer student to class that has an | ||||||
2 | appointment scheduled pursuant to this subsection (5). | ||||||
3 | (6) Every school shall report to the State Board of | ||||||
4 | Education by November
15, in the manner which that agency shall | ||||||
5 | require, the number of children who
have received the necessary | ||||||
6 | immunizations and the health examination (other than a dental | ||||||
7 | examination or eye examination) as
required, indicating, of | ||||||
8 | those who have not received the immunizations and
examination | ||||||
9 | as required, the number of children who are exempt from health
| ||||||
10 | examination and immunization requirements on religious or | ||||||
11 | medical grounds as
provided in subsection (8). On or before | ||||||
12 | December 1 of each year, every public school district and | ||||||
13 | registered nonpublic school shall make publicly available the | ||||||
14 | immunization data they are required to submit to the State | ||||||
15 | Board of Education by November 15. The immunization data made | ||||||
16 | publicly available must be identical to the data the school | ||||||
17 | district or school has reported to the State Board of | ||||||
18 | Education. | ||||||
19 | Every school shall report to the State Board of Education | ||||||
20 | by June 30, in the manner that the State Board requires, the | ||||||
21 | number of children who have received the required dental | ||||||
22 | examination, indicating, of those who have not received the | ||||||
23 | required dental examination, the number of children who are | ||||||
24 | exempt from the dental examination on religious grounds as | ||||||
25 | provided in subsection (8) of this Section and the number of | ||||||
26 | children who have received a waiver under subsection (1.5) of |
| |||||||
| |||||||
1 | this Section. | ||||||
2 | Every school shall report to the State Board of Education | ||||||
3 | by June 30, in the manner that the State Board requires, the | ||||||
4 | number of children who have received the required eye | ||||||
5 | examination, indicating, of those who have not received the | ||||||
6 | required eye examination, the number of children who are exempt | ||||||
7 | from the eye examination as provided in subsection (8) of this | ||||||
8 | Section, the number of children who have received a waiver | ||||||
9 | under subsection (1.10) of this Section, and the total number | ||||||
10 | of children in noncompliance with the eye examination | ||||||
11 | requirement. | ||||||
12 | The reported information under this subsection (6) shall be | ||||||
13 | provided to the
Department of Public Health by the State Board | ||||||
14 | of Education. | ||||||
15 | (7) Upon determining that the number of pupils who are | ||||||
16 | required to be in
compliance with subsection (5) of this | ||||||
17 | Section is below 90% of the number of
pupils enrolled in the | ||||||
18 | school district, 10% of each State aid payment made
pursuant to | ||||||
19 | Section 18-8.05 or 18-8.15 to the school district for such year | ||||||
20 | may be withheld
by the State Board of Education until the | ||||||
21 | number of students in compliance with
subsection (5) is the | ||||||
22 | applicable specified percentage or higher. | ||||||
23 | (8) Children of parents or legal guardians who object to | ||||||
24 | health, dental, or eye examinations or any part thereof, to | ||||||
25 | immunizations, or to vision and hearing screening tests on | ||||||
26 | religious grounds shall not be required to undergo the |
| |||||||
| |||||||
1 | examinations, tests, or immunizations to which they so object | ||||||
2 | if such parents or legal guardians present to the appropriate | ||||||
3 | local school authority a signed Certificate of Religious | ||||||
4 | Exemption detailing the grounds for objection and the specific | ||||||
5 | immunizations, tests, or examinations to which they object. The | ||||||
6 | grounds for objection must set forth the specific religious | ||||||
7 | belief that conflicts with the examination, test, | ||||||
8 | immunization, or other medical intervention. The signed | ||||||
9 | certificate shall also reflect the parent's or legal guardian's | ||||||
10 | understanding of the school's exclusion policies in the case of | ||||||
11 | a vaccine-preventable disease outbreak or exposure. The | ||||||
12 | certificate must also be signed by the authorized examining | ||||||
13 | health care provider responsible for the performance of the | ||||||
14 | child's health examination confirming that the provider | ||||||
15 | provided education to the parent or legal guardian on the | ||||||
16 | benefits of immunization and the health risks to the student | ||||||
17 | and to the community of the communicable diseases for which | ||||||
18 | immunization is required in this State. However, the health | ||||||
19 | care provider's signature on the certificate reflects only that | ||||||
20 | education was provided and does not allow a health care | ||||||
21 | provider grounds to determine a religious exemption. Those | ||||||
22 | receiving immunizations required under this Code shall be | ||||||
23 | provided with the relevant vaccine information statements that | ||||||
24 | are required to be disseminated by the federal National | ||||||
25 | Childhood Vaccine Injury Act of 1986, which may contain | ||||||
26 | information on circumstances when a vaccine should not be |
| |||||||
| |||||||
1 | administered, prior to administering a vaccine. A healthcare | ||||||
2 | provider may consider including without limitation the | ||||||
3 | nationally accepted recommendations from federal agencies such | ||||||
4 | as the Advisory Committee on Immunization Practices, the | ||||||
5 | information outlined in the relevant vaccine information | ||||||
6 | statement, and vaccine package inserts, along with the | ||||||
7 | healthcare provider's clinical judgment, to determine whether | ||||||
8 | any child may be more susceptible to experiencing an adverse | ||||||
9 | vaccine reaction than the general population, and, if so, the | ||||||
10 | healthcare provider may exempt the child from an immunization | ||||||
11 | or adopt an individualized immunization schedule. The | ||||||
12 | Certificate of Religious Exemption shall be created by the | ||||||
13 | Department of Public Health and shall be made available and | ||||||
14 | used by parents and legal guardians by the beginning of the | ||||||
15 | 2015-2016 school year. Parents or legal guardians must submit | ||||||
16 | the Certificate of Religious Exemption to their local school | ||||||
17 | authority prior to entering kindergarten, sixth grade, and | ||||||
18 | ninth grade for each child for which they are requesting an | ||||||
19 | exemption. The religious objection stated need not be directed | ||||||
20 | by the tenets of an established religious organization. | ||||||
21 | However, general philosophical or moral reluctance to allow | ||||||
22 | physical examinations, eye examinations, immunizations, vision | ||||||
23 | and hearing screenings, or dental examinations does not provide | ||||||
24 | a sufficient basis for an exception to statutory requirements. | ||||||
25 | The local school authority is responsible for determining if
| ||||||
26 | the content of the Certificate of Religious Exemption
|
| |||||||
| |||||||
1 | constitutes a valid religious objection.
The local school | ||||||
2 | authority shall inform the parent or legal guardian of | ||||||
3 | exclusion procedures, in accordance with the Department's | ||||||
4 | rules under Part 690 of Title 77 of the Illinois Administrative | ||||||
5 | Code, at the time the objection is presented. | ||||||
6 | If the physical condition
of the child is such that any one | ||||||
7 | or more of the immunizing agents should not
be administered, | ||||||
8 | the examining physician, advanced practice nurse, or
physician | ||||||
9 | assistant responsible for the performance of the
health | ||||||
10 | examination shall endorse that fact upon the health examination | ||||||
11 | form. | ||||||
12 | Exempting a child from the health,
dental, or eye | ||||||
13 | examination does not exempt the child from
participation in the | ||||||
14 | program of physical education training provided in
Sections | ||||||
15 | 27-5 through 27-7 of this Code. | ||||||
16 | (9) For the purposes of this Section, "nursery schools" | ||||||
17 | means those nursery
schools operated by elementary school | ||||||
18 | systems or secondary level school units
or institutions of | ||||||
19 | higher learning. | ||||||
20 | (Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; | ||||||
21 | 99-249, eff. 8-3-15; 99-642, eff. 7-28-16.) | ||||||
22 | (Text of Section after amendment by P.A. 99-927 ) | ||||||
23 | Sec. 27-8.1. Health examinations and immunizations. | ||||||
24 | (1) In compliance with rules and regulations which the | ||||||
25 | Department of Public
Health shall promulgate, and except as |
| |||||||
| |||||||
1 | hereinafter provided, all children in
Illinois shall have a | ||||||
2 | health examination as follows: within one year prior to
| ||||||
3 | entering kindergarten or the first grade of any public, | ||||||
4 | private, or parochial
elementary school; upon entering the | ||||||
5 | sixth and ninth grades of any public,
private, or parochial | ||||||
6 | school; prior to entrance into any public, private, or
| ||||||
7 | parochial nursery school; and, irrespective of grade, | ||||||
8 | immediately prior to or
upon entrance into any public, private, | ||||||
9 | or parochial school or nursery school,
each child shall present | ||||||
10 | proof of having been examined in accordance with this
Section | ||||||
11 | and the rules and regulations promulgated hereunder. Any child | ||||||
12 | who received a health examination within one year prior to | ||||||
13 | entering the fifth grade for the 2007-2008 school year is not | ||||||
14 | required to receive an additional health examination in order | ||||||
15 | to comply with the provisions of Public Act 95-422 when he or | ||||||
16 | she attends school for the 2008-2009 school year, unless the | ||||||
17 | child is attending school for the first time as provided in | ||||||
18 | this paragraph. | ||||||
19 | A tuberculosis skin test screening shall be included as a | ||||||
20 | required part of
each health examination included under this | ||||||
21 | Section if the child resides in an
area designated by the | ||||||
22 | Department of Public Health as having a high incidence
of | ||||||
23 | tuberculosis. Additional health examinations of pupils, | ||||||
24 | including eye examinations, may be required when deemed | ||||||
25 | necessary by school
authorities. Parents are encouraged to have | ||||||
26 | their children undergo eye examinations at the same points in |
| |||||||
| |||||||
1 | time required for health
examinations. | ||||||
2 | (1.5) In compliance with rules adopted by the Department of | ||||||
3 | Public Health and except as otherwise provided in this Section, | ||||||
4 | all children in kindergarten and the second and sixth grades of | ||||||
5 | any public, private, or parochial school shall have a dental | ||||||
6 | examination. Each of these children shall present proof of | ||||||
7 | having been examined by a dentist in accordance with this | ||||||
8 | Section and rules adopted under this Section before May 15th of | ||||||
9 | the school year. If a child in the second or sixth grade fails | ||||||
10 | to present proof by May 15th, the school may hold the child's | ||||||
11 | report card until one of the following occurs: (i) the child | ||||||
12 | presents proof of a completed dental examination or (ii) the | ||||||
13 | child presents proof that a dental examination will take place | ||||||
14 | within 60 days after May 15th. The Department of Public Health | ||||||
15 | shall establish, by rule, a waiver for children who show an | ||||||
16 | undue burden or a lack of access to a dentist. Each public, | ||||||
17 | private, and parochial school must give notice of this dental | ||||||
18 | examination requirement to the parents and guardians of | ||||||
19 | students at least 60 days before May 15th of each school year.
| ||||||
20 | (1.10) Except as otherwise provided in this Section, all | ||||||
21 | children enrolling in kindergarten in a public, private, or | ||||||
22 | parochial school on or after the effective date of this | ||||||
23 | amendatory Act of the 95th General Assembly and any student | ||||||
24 | enrolling for the first time in a public, private, or parochial | ||||||
25 | school on or after the effective date of this amendatory Act of | ||||||
26 | the 95th General Assembly shall have an eye examination. Each |
| |||||||
| |||||||
1 | of these children shall present proof of having been examined | ||||||
2 | by a physician licensed to practice medicine in all of its | ||||||
3 | branches or a licensed optometrist within the previous year, in | ||||||
4 | accordance with this Section and rules adopted under this | ||||||
5 | Section, before October 15th of the school year. If the child | ||||||
6 | fails to present proof by October 15th, the school may hold the | ||||||
7 | child's report card until one of the following occurs: (i) the | ||||||
8 | child presents proof of a completed eye examination or (ii) the | ||||||
9 | child presents proof that an eye examination will take place | ||||||
10 | within 60 days after October 15th. The Department of Public | ||||||
11 | Health shall establish, by rule, a waiver for children who show | ||||||
12 | an undue burden or a lack of access to a physician licensed to | ||||||
13 | practice medicine in all of its branches who provides eye | ||||||
14 | examinations or to a licensed optometrist. Each public, | ||||||
15 | private, and parochial school must give notice of this eye | ||||||
16 | examination requirement to the parents and guardians of | ||||||
17 | students in compliance with rules of the Department of Public | ||||||
18 | Health. Nothing in this Section shall be construed to allow a | ||||||
19 | school to exclude a child from attending because of a parent's | ||||||
20 | or guardian's failure to obtain an eye examination for the | ||||||
21 | child.
| ||||||
22 | (2) The Department of Public Health shall promulgate rules | ||||||
23 | and regulations
specifying the examinations and procedures | ||||||
24 | that constitute a health examination, which shall include an | ||||||
25 | age-appropriate developmental screening, an age-appropriate | ||||||
26 | social and emotional screening, and the collection of data |
| |||||||
| |||||||
1 | relating to obesity
(including at a minimum, date of birth, | ||||||
2 | gender, height, weight, blood pressure, and date of exam),
and | ||||||
3 | a dental examination and may recommend by rule that certain | ||||||
4 | additional examinations be performed.
The rules and | ||||||
5 | regulations of the Department of Public Health shall specify | ||||||
6 | that
a tuberculosis skin test screening shall be included as a | ||||||
7 | required part of each
health examination included under this | ||||||
8 | Section if the child resides in an area
designated by the | ||||||
9 | Department of Public Health as having a high incidence of
| ||||||
10 | tuberculosis.
With respect to the developmental screening and | ||||||
11 | the social and emotional screening, the Department of Public | ||||||
12 | Health must develop rules and appropriate revisions to the | ||||||
13 | Child Health Examination form in conjunction with a statewide | ||||||
14 | organization representing school boards; a statewide | ||||||
15 | organization representing pediatricians; statewide | ||||||
16 | organizations representing individuals holding Illinois | ||||||
17 | educator licenses with school support personnel endorsements, | ||||||
18 | including school social workers, school psychologists, and | ||||||
19 | school nurses; a statewide organization representing | ||||||
20 | children's mental health experts; a statewide organization | ||||||
21 | representing school principals; the Director of Healthcare and | ||||||
22 | Family Services or his or her designee, the State | ||||||
23 | Superintendent of Education or his or her designee; and | ||||||
24 | representatives of other appropriate State agencies and, at a | ||||||
25 | minimum, must recommend the use of validated screening tools | ||||||
26 | appropriate to the child's age or grade, and, with regard to |
| |||||||
| |||||||
1 | the social and emotional screening, require recording only | ||||||
2 | whether or not the screening was completed. The rules shall | ||||||
3 | take into consideration the screening recommendations of the | ||||||
4 | American Academy of Pediatrics and must be consistent with the | ||||||
5 | State Board of Education's social and emotional learning | ||||||
6 | standards. The Department of Public Health shall specify that a | ||||||
7 | diabetes
screening as defined by rule shall be included as a | ||||||
8 | required part of each
health examination.
Diabetes testing is | ||||||
9 | not required. | ||||||
10 | Physicians licensed to practice medicine in all of its | ||||||
11 | branches, licensed advanced
practice nurses, or licensed | ||||||
12 | physician assistants shall be
responsible for the performance | ||||||
13 | of the health examinations, other than dental
examinations, eye | ||||||
14 | examinations, and vision and hearing screening, and shall sign | ||||||
15 | all report forms
required by subsection (4) of this Section | ||||||
16 | that pertain to those portions of
the health examination for | ||||||
17 | which the physician, advanced practice nurse, or
physician | ||||||
18 | assistant is responsible.
If a registered
nurse performs any | ||||||
19 | part of a health examination, then a physician licensed to
| ||||||
20 | practice medicine in all of its branches must review and sign | ||||||
21 | all required
report forms. Licensed dentists shall perform all | ||||||
22 | dental examinations and
shall sign all report forms required by | ||||||
23 | subsection (4) of this Section that
pertain to the dental | ||||||
24 | examinations. Physicians licensed to practice medicine
in all | ||||||
25 | its branches or licensed optometrists shall perform all eye | ||||||
26 | examinations
required by this Section and shall sign all report |
| |||||||
| |||||||
1 | forms required by
subsection (4) of this Section that pertain | ||||||
2 | to the eye examination. For purposes of this Section, an eye | ||||||
3 | examination shall at a minimum include history, visual acuity, | ||||||
4 | subjective refraction to best visual acuity near and far, | ||||||
5 | internal and external examination, and a glaucoma evaluation, | ||||||
6 | as well as any other tests or observations that in the | ||||||
7 | professional judgment of the doctor are necessary. Vision and
| ||||||
8 | hearing screening tests, which shall not be considered | ||||||
9 | examinations as that
term is used in this Section, shall be | ||||||
10 | conducted in accordance with rules and
regulations of the | ||||||
11 | Department of Public Health, and by individuals whom the
| ||||||
12 | Department of Public Health has certified.
In these rules and | ||||||
13 | regulations, the Department of Public Health shall
require that | ||||||
14 | individuals conducting vision screening tests give a child's
| ||||||
15 | parent or guardian written notification, before the vision | ||||||
16 | screening is
conducted, that states, "Vision screening is not a | ||||||
17 | substitute for a
complete eye and vision evaluation by an eye | ||||||
18 | doctor. Your child is not
required to undergo this vision | ||||||
19 | screening if an optometrist or
ophthalmologist has completed | ||||||
20 | and signed a report form indicating that
an examination has | ||||||
21 | been administered within the previous 12 months." | ||||||
22 | (2.5) With respect to the developmental screening and the | ||||||
23 | social and emotional screening portion of the health | ||||||
24 | examination, each child may present proof of having been | ||||||
25 | screened in accordance with this Section and the rules adopted | ||||||
26 | under this Section before October 15th of the school year. With |
| |||||||
| |||||||
1 | regard to the social and emotional screening only, the | ||||||
2 | examining health care provider shall only record whether or not | ||||||
3 | the screening was completed. If the child fails to present | ||||||
4 | proof of the developmental screening or the social and | ||||||
5 | emotional screening portions of the health examination by | ||||||
6 | October 15th of the school year, qualified school support | ||||||
7 | personnel may, with a parent's or guardian's consent, offer the | ||||||
8 | developmental screening or the social and emotional screening | ||||||
9 | to the child. Each public, private, and parochial school must | ||||||
10 | give notice of the developmental screening and social and | ||||||
11 | emotional screening requirements to the parents and guardians | ||||||
12 | of students in compliance with the rules of the Department of | ||||||
13 | Public Health. Nothing in this Section shall be construed to | ||||||
14 | allow a school to exclude a child from attending because of a | ||||||
15 | parent's or guardian's failure to obtain a developmental | ||||||
16 | screening or a social and emotional screening for the child. | ||||||
17 | Once a developmental screening or a social and emotional | ||||||
18 | screening is completed and proof has been presented to the | ||||||
19 | school, the school may, with a parent's or guardian's consent, | ||||||
20 | make available appropriate school personnel to work with the | ||||||
21 | parent or guardian, the child, and the provider who signed the | ||||||
22 | screening form to obtain any appropriate evaluations and | ||||||
23 | services as indicated on the form and in other information and | ||||||
24 | documentation provided by the parents, guardians, or provider. | ||||||
25 | (3) Every child shall, at or about the same time as he or | ||||||
26 | she receives
a health examination required by subsection (1) of |
| |||||||
| |||||||
1 | this Section, present
to the local school proof of having | ||||||
2 | received such immunizations against
preventable communicable | ||||||
3 | diseases as the Department of Public Health shall
require by | ||||||
4 | rules and regulations promulgated pursuant to this Section and | ||||||
5 | the
Communicable Disease Prevention Act. | ||||||
6 | (4) The individuals conducting the health examination,
| ||||||
7 | dental examination, or eye examination shall record the
fact of | ||||||
8 | having conducted the examination, and such additional | ||||||
9 | information as
required, including for a health examination
| ||||||
10 | data relating to obesity
(including at a minimum, date of | ||||||
11 | birth, gender, height, weight, blood pressure, and date of | ||||||
12 | exam), on uniform forms which the Department of Public Health | ||||||
13 | and the State
Board of Education shall prescribe for statewide | ||||||
14 | use. The examiner shall
summarize on the report form any | ||||||
15 | condition that he or she suspects indicates a
need for special | ||||||
16 | services, including for a health examination factors relating | ||||||
17 | to obesity. The duty to summarize on the report form does not | ||||||
18 | apply to social and emotional screenings. The confidentiality | ||||||
19 | of the information and records relating to the developmental | ||||||
20 | screening and the social and emotional screening shall be | ||||||
21 | determined by the statutes, rules, and professional ethics | ||||||
22 | governing the type of provider conducting the screening. The | ||||||
23 | individuals confirming the administration of
required | ||||||
24 | immunizations shall record as indicated on the form that the
| ||||||
25 | immunizations were administered. | ||||||
26 | (5) If a child does not submit proof of having had either |
| |||||||
| |||||||
1 | the health
examination or the immunization as required, then | ||||||
2 | the child shall be examined
or receive the immunization, as the | ||||||
3 | case may be, and present proof by October
15 of the current | ||||||
4 | school year, or by an earlier date of the current school year
| ||||||
5 | established by a school district. To establish a date before | ||||||
6 | October 15 of the
current school year for the health | ||||||
7 | examination or immunization as required, a
school district must | ||||||
8 | give notice of the requirements of this Section 60 days
prior | ||||||
9 | to the earlier established date. If for medical reasons one or | ||||||
10 | more of
the required immunizations must be given after October | ||||||
11 | 15 of the current school
year, or after an earlier established | ||||||
12 | date of the current school year, then
the child shall present, | ||||||
13 | by October 15, or by the earlier established date, a
schedule | ||||||
14 | for the administration of the immunizations and a statement of | ||||||
15 | the
medical reasons causing the delay, both the schedule and | ||||||
16 | the statement being
issued by the physician, advanced practice | ||||||
17 | nurse, physician assistant,
registered nurse, or local health | ||||||
18 | department that will
be responsible for administration of the | ||||||
19 | remaining required immunizations. If
a child does not comply by | ||||||
20 | October 15, or by the earlier established date of
the current | ||||||
21 | school year, with the requirements of this subsection, then the
| ||||||
22 | local school authority shall exclude that child from school | ||||||
23 | until such time as
the child presents proof of having had the | ||||||
24 | health examination as required and
presents proof of having | ||||||
25 | received those required immunizations which are
medically | ||||||
26 | possible to receive immediately. During a child's exclusion |
| |||||||
| |||||||
1 | from
school for noncompliance with this subsection, the child's | ||||||
2 | parents or legal
guardian shall be considered in violation of | ||||||
3 | Section 26-1 and subject to any
penalty imposed by Section | ||||||
4 | 26-10. This subsection (5) does not apply to dental | ||||||
5 | examinations, eye examinations, and the developmental | ||||||
6 | screening and the social and emotional screening portions of | ||||||
7 | the health examination. If the student is an out-of-state | ||||||
8 | transfer student and does not have the proof required under | ||||||
9 | this subsection (5) before October 15 of the current year or | ||||||
10 | whatever date is set by the school district, then he or she may | ||||||
11 | only attend classes (i) if he or she has proof that an | ||||||
12 | appointment for the required vaccinations has been scheduled | ||||||
13 | with a party authorized to submit proof of the required | ||||||
14 | vaccinations. If the proof of vaccination required under this | ||||||
15 | subsection (5) is not submitted within 30 days after the | ||||||
16 | student is permitted to attend classes, then the student is not | ||||||
17 | to be permitted to attend classes until proof of the | ||||||
18 | vaccinations has been properly submitted. No school district or | ||||||
19 | employee of a school district shall be held liable for any | ||||||
20 | injury or illness to another person that results from admitting | ||||||
21 | an out-of-state transfer student to class that has an | ||||||
22 | appointment scheduled pursuant to this subsection (5). | ||||||
23 | (6) Every school shall report to the State Board of | ||||||
24 | Education by November
15, in the manner which that agency shall | ||||||
25 | require, the number of children who
have received the necessary | ||||||
26 | immunizations and the health examination (other than a dental |
| |||||||
| |||||||
1 | examination or eye examination) as
required, indicating, of | ||||||
2 | those who have not received the immunizations and
examination | ||||||
3 | as required, the number of children who are exempt from health
| ||||||
4 | examination and immunization requirements on religious or | ||||||
5 | medical grounds as
provided in subsection (8). On or before | ||||||
6 | December 1 of each year, every public school district and | ||||||
7 | registered nonpublic school shall make publicly available the | ||||||
8 | immunization data they are required to submit to the State | ||||||
9 | Board of Education by November 15. The immunization data made | ||||||
10 | publicly available must be identical to the data the school | ||||||
11 | district or school has reported to the State Board of | ||||||
12 | Education. | ||||||
13 | Every school shall report to the State Board of Education | ||||||
14 | by June 30, in the manner that the State Board requires, the | ||||||
15 | number of children who have received the required dental | ||||||
16 | examination, indicating, of those who have not received the | ||||||
17 | required dental examination, the number of children who are | ||||||
18 | exempt from the dental examination on religious grounds as | ||||||
19 | provided in subsection (8) of this Section and the number of | ||||||
20 | children who have received a waiver under subsection (1.5) of | ||||||
21 | this Section. | ||||||
22 | Every school shall report to the State Board of Education | ||||||
23 | by June 30, in the manner that the State Board requires, the | ||||||
24 | number of children who have received the required eye | ||||||
25 | examination, indicating, of those who have not received the | ||||||
26 | required eye examination, the number of children who are exempt |
| |||||||
| |||||||
1 | from the eye examination as provided in subsection (8) of this | ||||||
2 | Section, the number of children who have received a waiver | ||||||
3 | under subsection (1.10) of this Section, and the total number | ||||||
4 | of children in noncompliance with the eye examination | ||||||
5 | requirement. | ||||||
6 | The reported information under this subsection (6) shall be | ||||||
7 | provided to the
Department of Public Health by the State Board | ||||||
8 | of Education. | ||||||
9 | (7) Upon determining that the number of pupils who are | ||||||
10 | required to be in
compliance with subsection (5) of this | ||||||
11 | Section is below 90% of the number of
pupils enrolled in the | ||||||
12 | school district, 10% of each State aid payment made
pursuant to | ||||||
13 | Section 18-8.05 or 18-8.15 to the school district for such year | ||||||
14 | may be withheld
by the State Board of Education until the | ||||||
15 | number of students in compliance with
subsection (5) is the | ||||||
16 | applicable specified percentage or higher. | ||||||
17 | (8) Children of parents or legal guardians who object to | ||||||
18 | health, dental, or eye examinations or any part thereof, to | ||||||
19 | immunizations, or to vision and hearing screening tests on | ||||||
20 | religious grounds shall not be required to undergo the | ||||||
21 | examinations, tests, or immunizations to which they so object | ||||||
22 | if such parents or legal guardians present to the appropriate | ||||||
23 | local school authority a signed Certificate of Religious | ||||||
24 | Exemption detailing the grounds for objection and the specific | ||||||
25 | immunizations, tests, or examinations to which they object. The | ||||||
26 | grounds for objection must set forth the specific religious |
| |||||||
| |||||||
1 | belief that conflicts with the examination, test, | ||||||
2 | immunization, or other medical intervention. The signed | ||||||
3 | certificate shall also reflect the parent's or legal guardian's | ||||||
4 | understanding of the school's exclusion policies in the case of | ||||||
5 | a vaccine-preventable disease outbreak or exposure. The | ||||||
6 | certificate must also be signed by the authorized examining | ||||||
7 | health care provider responsible for the performance of the | ||||||
8 | child's health examination confirming that the provider | ||||||
9 | provided education to the parent or legal guardian on the | ||||||
10 | benefits of immunization and the health risks to the student | ||||||
11 | and to the community of the communicable diseases for which | ||||||
12 | immunization is required in this State. However, the health | ||||||
13 | care provider's signature on the certificate reflects only that | ||||||
14 | education was provided and does not allow a health care | ||||||
15 | provider grounds to determine a religious exemption. Those | ||||||
16 | receiving immunizations required under this Code shall be | ||||||
17 | provided with the relevant vaccine information statements that | ||||||
18 | are required to be disseminated by the federal National | ||||||
19 | Childhood Vaccine Injury Act of 1986, which may contain | ||||||
20 | information on circumstances when a vaccine should not be | ||||||
21 | administered, prior to administering a vaccine. A healthcare | ||||||
22 | provider may consider including without limitation the | ||||||
23 | nationally accepted recommendations from federal agencies such | ||||||
24 | as the Advisory Committee on Immunization Practices, the | ||||||
25 | information outlined in the relevant vaccine information | ||||||
26 | statement, and vaccine package inserts, along with the |
| |||||||
| |||||||
1 | healthcare provider's clinical judgment, to determine whether | ||||||
2 | any child may be more susceptible to experiencing an adverse | ||||||
3 | vaccine reaction than the general population, and, if so, the | ||||||
4 | healthcare provider may exempt the child from an immunization | ||||||
5 | or adopt an individualized immunization schedule. The | ||||||
6 | Certificate of Religious Exemption shall be created by the | ||||||
7 | Department of Public Health and shall be made available and | ||||||
8 | used by parents and legal guardians by the beginning of the | ||||||
9 | 2015-2016 school year. Parents or legal guardians must submit | ||||||
10 | the Certificate of Religious Exemption to their local school | ||||||
11 | authority prior to entering kindergarten, sixth grade, and | ||||||
12 | ninth grade for each child for which they are requesting an | ||||||
13 | exemption. The religious objection stated need not be directed | ||||||
14 | by the tenets of an established religious organization. | ||||||
15 | However, general philosophical or moral reluctance to allow | ||||||
16 | physical examinations, eye examinations, immunizations, vision | ||||||
17 | and hearing screenings, or dental examinations does not provide | ||||||
18 | a sufficient basis for an exception to statutory requirements. | ||||||
19 | The local school authority is responsible for determining if
| ||||||
20 | the content of the Certificate of Religious Exemption
| ||||||
21 | constitutes a valid religious objection.
The local school | ||||||
22 | authority shall inform the parent or legal guardian of | ||||||
23 | exclusion procedures, in accordance with the Department's | ||||||
24 | rules under Part 690 of Title 77 of the Illinois Administrative | ||||||
25 | Code, at the time the objection is presented. | ||||||
26 | If the physical condition
of the child is such that any one |
| |||||||
| |||||||
1 | or more of the immunizing agents should not
be administered, | ||||||
2 | the examining physician, advanced practice nurse, or
physician | ||||||
3 | assistant responsible for the performance of the
health | ||||||
4 | examination shall endorse that fact upon the health examination | ||||||
5 | form. | ||||||
6 | Exempting a child from the health,
dental, or eye | ||||||
7 | examination does not exempt the child from
participation in the | ||||||
8 | program of physical education training provided in
Sections | ||||||
9 | 27-5 through 27-7 of this Code. | ||||||
10 | (9) For the purposes of this Section, "nursery schools" | ||||||
11 | means those nursery
schools operated by elementary school | ||||||
12 | systems or secondary level school units
or institutions of | ||||||
13 | higher learning. | ||||||
14 | (Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; | ||||||
15 | 99-249, eff. 8-3-15; 99-642, eff. 7-28-16; 99-927, eff. | ||||||
16 | 6-1-17.)
| ||||||
17 | (105 ILCS 5/27A-9)
| ||||||
18 | Sec. 27A-9. Term of charter; renewal.
| ||||||
19 | (a) For charters granted before January 1, 2017 ( the | ||||||
20 | effective date of Public Act 99-840) this amendatory Act of the | ||||||
21 | 99th General Assembly , a charter may be granted for a period | ||||||
22 | not less than 5 and not
more than
10
school years. For charters | ||||||
23 | granted on or after January 1, 2017 ( the effective date of | ||||||
24 | Public Act 99-840) this amendatory Act of the 99th General | ||||||
25 | Assembly , a charter shall be granted for a period of 5
school |
| |||||||
| |||||||
1 | years. For charters renewed before January 1, 2017 ( the | ||||||
2 | effective date of Public Act 99-840) this amendatory Act of the | ||||||
3 | 99th General Assembly , a charter may be renewed in incremental | ||||||
4 | periods not to exceed
5
school years. For charters renewed on | ||||||
5 | or after January 1, 2017 ( the effective date of Public Act | ||||||
6 | 99-840) this amendatory Act of the 99th General Assembly , a | ||||||
7 | charter may be renewed in incremental periods not to exceed 10 | ||||||
8 | school years; however, the Commission may renew a charter only | ||||||
9 | in incremental periods not to exceed 5 years. Authorizers shall | ||||||
10 | ensure that every charter granted on or after January 1, 2017 | ||||||
11 | ( the effective date of Public Act 99-840) this amendatory Act | ||||||
12 | of the 99th General Assembly includes standards and goals for | ||||||
13 | academic, organizational, and financial performance. A charter | ||||||
14 | must meet all standards and goals for academic, organizational, | ||||||
15 | and financial performance set forth by the authorizer in order | ||||||
16 | to be renewed for a term in excess of 5 years but not more than | ||||||
17 | 10 years. If an authorizer fails to establish standards and | ||||||
18 | goals, a charter shall not be renewed for a term in excess of 5 | ||||||
19 | years. Nothing contained in this Section shall require an | ||||||
20 | authorizer to grant a full 10-year renewal term to any | ||||||
21 | particular charter school, but an authorizer may award a full | ||||||
22 | 10-year renewal term to charter schools that have a | ||||||
23 | demonstrated track record of improving student performance.
| ||||||
24 | (b) A charter school renewal proposal submitted to the
| ||||||
25 | local school board or the Commission, as the chartering entity,
| ||||||
26 | shall contain:
|
| |||||||
| |||||||
1 | (1) A report on the progress of the charter school in | ||||||
2 | achieving the goals,
objectives, pupil performance | ||||||
3 | standards, content standards, and other terms of
the | ||||||
4 | initial approved charter proposal; and
| ||||||
5 | (2) A financial statement that discloses the costs of | ||||||
6 | administration,
instruction, and other spending categories | ||||||
7 | for the charter school that is
understandable to the | ||||||
8 | general public and that will allow comparison of those
| ||||||
9 | costs to other schools or other comparable organizations, | ||||||
10 | in a format required
by the State Board.
| ||||||
11 | (c) A charter may be revoked
or not renewed if the local | ||||||
12 | school board or the Commission, as the chartering
entity,
| ||||||
13 | clearly demonstrates that the
charter school did any of the
| ||||||
14 | following, or otherwise failed to comply with the requirements | ||||||
15 | of this law:
| ||||||
16 | (1) Committed a material violation of any of the | ||||||
17 | conditions, standards, or
procedures set forth in the | ||||||
18 | charter.
| ||||||
19 | (2) Failed to meet or make reasonable progress toward | ||||||
20 | achievement of the
content standards or pupil performance | ||||||
21 | standards identified in the charter.
| ||||||
22 | (3) Failed to meet generally accepted standards of | ||||||
23 | fiscal management.
| ||||||
24 | (4) Violated any provision of law from which the | ||||||
25 | charter school was not
exempted.
| ||||||
26 | In the case of revocation, the local school board or the |
| |||||||
| |||||||
1 | Commission, as the chartering entity, shall notify the charter | ||||||
2 | school in writing of the reason why the charter is subject to | ||||||
3 | revocation. The charter school shall submit a written plan to | ||||||
4 | the local school board or the Commission, whichever is | ||||||
5 | applicable, to rectify the problem. The plan shall include a | ||||||
6 | timeline for implementation, which shall not exceed 2 years or | ||||||
7 | the date of the charter's expiration, whichever is earlier. If | ||||||
8 | the local school board or the Commission, as the chartering | ||||||
9 | entity, finds that the charter school has failed to implement | ||||||
10 | the plan of remediation and adhere to the timeline, then the | ||||||
11 | chartering entity shall revoke the charter. Except in | ||||||
12 | situations of an emergency where the health, safety, or | ||||||
13 | education of the charter school's students is at risk, the | ||||||
14 | revocation shall take place at the end of a school year. | ||||||
15 | Nothing in Public Act 96-105 this amendatory Act of the 96th | ||||||
16 | General Assembly shall be construed to prohibit an | ||||||
17 | implementation timetable that is less than 2 years in duration. | ||||||
18 | (d) (Blank).
| ||||||
19 | (e) Notice of a local school board's decision to
deny, | ||||||
20 | revoke , or not to
renew a charter shall be provided to the | ||||||
21 | Commission and the State Board.
The Commission may reverse a | ||||||
22 | local board's
decision
if the Commission finds
that the charter | ||||||
23 | school or charter school proposal (i) is in compliance with
| ||||||
24 | this Article, and (ii) is in the best interests of the students | ||||||
25 | it is designed
to serve.
The Commission may condition the | ||||||
26 | granting of an appeal on the acceptance by
the charter school |
| |||||||
| |||||||
1 | of funding in an amount less than that requested in the
| ||||||
2 | proposal submitted to the local school board.
Final decisions | ||||||
3 | of the Commission shall be subject
to judicial review under the | ||||||
4 | Administrative Review Law.
| ||||||
5 | (f) Notwithstanding other provisions of this Article, if | ||||||
6 | the Commission
on appeal reverses a local board's decision
or | ||||||
7 | if a charter school is
approved by referendum,
the Commission
| ||||||
8 | shall act as the
authorized chartering entity for the charter | ||||||
9 | school.
The Commission shall
approve the charter and shall | ||||||
10 | perform all functions
under this
Article otherwise performed by | ||||||
11 | the local school
board. The State Board shall determine whether | ||||||
12 | the charter proposal approved by the Commission is consistent | ||||||
13 | with the provisions of this Article and, if the approved | ||||||
14 | proposal complies, certify the proposal pursuant to this | ||||||
15 | Article. The State Board shall
report the aggregate number of | ||||||
16 | charter school pupils resident in a school
district to that | ||||||
17 | district
and shall notify the district
of the amount of
funding | ||||||
18 | to be paid by the State Board to the charter school enrolling | ||||||
19 | such
students.
The Commission shall require the
charter school | ||||||
20 | to maintain accurate records of daily attendance that shall be
| ||||||
21 | deemed sufficient to file claims under Section 18-8.05 or | ||||||
22 | 18-8.15 notwithstanding any
other requirements of that Section | ||||||
23 | regarding hours of instruction and teacher
certification.
The | ||||||
24 | State Board shall withhold from funds otherwise due the | ||||||
25 | district
the funds authorized by this Article to be paid to the | ||||||
26 | charter school and shall
pay such amounts to the charter |
| |||||||
| |||||||
1 | school.
| ||||||
2 | (g) For charter schools authorized by the Commission, the | ||||||
3 | Commission shall quarterly certify to the State Board the | ||||||
4 | student enrollment for each of its charter schools. | ||||||
5 | (h) For charter schools authorized by the Commission, the | ||||||
6 | State Board shall pay directly to a charter school any federal | ||||||
7 | or State aid attributable to a student with a disability | ||||||
8 | attending the school. | ||||||
9 | (Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17; | ||||||
10 | revised 10-27-16.)
| ||||||
11 | (105 ILCS 5/27A-11)
| ||||||
12 | Sec. 27A-11. Local financing.
| ||||||
13 | (a) For purposes of the School Code, pupils enrolled in a | ||||||
14 | charter school
shall be included in the pupil enrollment of the | ||||||
15 | school district within which
the
pupil resides. Each charter | ||||||
16 | school (i) shall determine the school district in
which each | ||||||
17 | pupil who is enrolled in the charter school resides,
(ii) shall
| ||||||
18 | report the aggregate number of pupils resident of a school | ||||||
19 | district who are
enrolled in the charter school to the school | ||||||
20 | district in which those pupils
reside, and (iii) shall maintain | ||||||
21 | accurate records of daily attendance that
shall be deemed | ||||||
22 | sufficient to file claims under Section 18-8 or 18-8.15 | ||||||
23 | notwithstanding
any other requirements of that Section | ||||||
24 | regarding hours of instruction and
teacher certification.
| ||||||
25 | (b) Except for a charter school established by referendum |
| |||||||
| |||||||
1 | under Section
27A-6.5, as part of a charter school contract, | ||||||
2 | the charter school and the
local
school board shall agree on | ||||||
3 | funding and any services to be provided by the
school district | ||||||
4 | to the charter school.
Agreed funding that a charter school is | ||||||
5 | to receive from the local school
board for a school year shall | ||||||
6 | be paid in
equal quarterly installments with the payment of the
| ||||||
7 | installment for the first quarter being made not later than | ||||||
8 | July 1, unless the
charter establishes a different payment | ||||||
9 | schedule. However, if a charter school dismisses a pupil from | ||||||
10 | the charter school after receiving a quarterly payment, the | ||||||
11 | charter school shall return to the school district, on a | ||||||
12 | quarterly basis, the prorated portion of public funding | ||||||
13 | provided for the education of that pupil for the time the | ||||||
14 | student is not enrolled at the charter school. Likewise, if a | ||||||
15 | pupil transfers to a charter school between quarterly payments, | ||||||
16 | the school district shall provide, on a quarterly basis, a | ||||||
17 | prorated portion of the public funding to the charter school to | ||||||
18 | provide for the education of that pupil.
| ||||||
19 | All services centrally or otherwise provided by the school | ||||||
20 | district
including, but not limited to, rent, food services, | ||||||
21 | custodial services,
maintenance,
curriculum, media services, | ||||||
22 | libraries, transportation, and warehousing shall be
subject to
| ||||||
23 | negotiation between a charter school and the local school board | ||||||
24 | and paid
for out
of the revenues negotiated pursuant to this | ||||||
25 | subsection (b); provided that the
local school board shall not | ||||||
26 | attempt, by negotiation or otherwise, to obligate
a charter |
| |||||||
| |||||||
1 | school to provide pupil transportation for pupils for whom a | ||||||
2 | district
is not required to provide transportation under the | ||||||
3 | criteria set forth in
subsection (a)(13) of Section 27A-7.
| ||||||
4 | In no event shall the funding be less than 75% or more than
| ||||||
5 | 125% of the
school district's per capita student tuition | ||||||
6 | multiplied by
the
number of students residing in the district | ||||||
7 | who are enrolled in the charter
school. However, for charter | ||||||
8 | agreements entered into on or after the effective date of this | ||||||
9 | amendatory Act of the 100th General Assembly, in no event shall | ||||||
10 | the funding be less than 97% or more than 103% of the school | ||||||
11 | district's per capita student tuition multiplied by the number | ||||||
12 | of students residing in the district who are enrolled in the | ||||||
13 | charter school.
| ||||||
14 | It is the intent of the General Assembly that funding and | ||||||
15 | service agreements
under this subsection (b) shall be neither a | ||||||
16 | financial incentive nor a
financial disincentive to the | ||||||
17 | establishment of a charter school.
| ||||||
18 | The charter school may set and collect reasonable fees. | ||||||
19 | Fees collected
from students enrolled at a charter school shall | ||||||
20 | be retained
by the charter school.
| ||||||
21 | (c) Notwithstanding subsection (b) of this Section, the | ||||||
22 | proportionate share
of State and federal resources generated by | ||||||
23 | students with disabilities or staff
serving them shall be | ||||||
24 | directed to charter schools enrolling those students by
their | ||||||
25 | school districts or administrative units. The proportionate | ||||||
26 | share of
moneys generated under other federal or State |
| |||||||
| |||||||
1 | categorical aid programs shall be
directed to charter schools | ||||||
2 | serving students eligible for that aid.
| ||||||
3 | (d) The governing body of a charter school is authorized to | ||||||
4 | accept
gifts,
donations, or grants of any kind made to the | ||||||
5 | charter school and to expend or
use gifts, donations, or grants | ||||||
6 | in accordance with the conditions prescribed by
the donor; | ||||||
7 | however, a gift, donation, or grant may not be accepted by the
| ||||||
8 | governing body if it is subject to any condition contrary to | ||||||
9 | applicable law or
contrary
to the terms of the contract between | ||||||
10 | the charter school and the local school
board. Charter schools | ||||||
11 | shall be encouraged to solicit and utilize community
volunteer | ||||||
12 | speakers and other instructional resources when providing | ||||||
13 | instruction
on the Holocaust and other historical events.
| ||||||
14 | (e) (Blank).
| ||||||
15 | (f) The Commission shall provide technical assistance to
| ||||||
16 | persons and groups
preparing or revising charter applications.
| ||||||
17 | (g) At the non-renewal or revocation of its charter, each
| ||||||
18 | charter school
shall refund to the local board of education all | ||||||
19 | unspent funds.
| ||||||
20 | (h) A charter school is authorized to incur temporary, | ||||||
21 | short
term debt to
pay operating expenses in anticipation of | ||||||
22 | receipt of funds from the local
school board.
| ||||||
23 | (Source: P.A. 98-640, eff. 6-9-14; 98-739, eff. 7-16-14; 99-78, | ||||||
24 | eff. 7-20-15.)
| ||||||
25 | (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) |
| |||||||
| |||||||
1 | Sec. 29-5. Reimbursement by State for transportation. Any | ||||||
2 | school
district, maintaining a school, transporting resident | ||||||
3 | pupils to another
school district's vocational program, | ||||||
4 | offered through a joint agreement
approved by the State Board | ||||||
5 | of Education, as provided in Section
10-22.22 or transporting | ||||||
6 | its resident pupils to a school which meets the
standards for | ||||||
7 | recognition as established by the State Board of Education
| ||||||
8 | which provides transportation meeting the standards of safety, | ||||||
9 | comfort,
convenience, efficiency and operation prescribed by | ||||||
10 | the State Board of
Education for resident pupils in | ||||||
11 | kindergarten or any of grades 1 through
12 who: (a) reside at | ||||||
12 | least 1 1/2 miles as measured by the customary route of
travel, | ||||||
13 | from the school attended; or (b) reside in areas where | ||||||
14 | conditions are
such that walking constitutes a hazard to the | ||||||
15 | safety of the child when
determined under Section 29-3; and (c) | ||||||
16 | are transported to the school attended
from pick-up points at | ||||||
17 | the beginning of the school day and back again at the
close of | ||||||
18 | the school day or transported to and from their assigned | ||||||
19 | attendance
centers during the school day, shall be reimbursed | ||||||
20 | by the State as hereinafter
provided in this Section.
| ||||||
21 | The State will pay the cost of transporting eligible pupils | ||||||
22 | less the prior year
assessed valuation in a dual school | ||||||
23 | district maintaining secondary
grades 9 to 12 inclusive times a | ||||||
24 | qualifying rate of .05%; in elementary
school districts | ||||||
25 | maintaining grades K to 8 times a qualifying rate of
.06%; and | ||||||
26 | in unit districts maintaining grades K to 12, including |
| |||||||
| |||||||
1 | optional elementary unit districts and combined high school - | ||||||
2 | unit districts, times a qualifying
rate of .07%; provided that | ||||||
3 | for optional elementary unit districts and combined high school - | ||||||
4 | unit districts, prior year assessed valuation for high school | ||||||
5 | purposes, as defined in Article 11E of this Code, must be used. | ||||||
6 | To be eligible to receive reimbursement in excess of 4/5
of the | ||||||
7 | cost to transport eligible pupils, a school district shall have | ||||||
8 | a
Transportation Fund tax rate of at least .12%. If a school | ||||||
9 | district
does not have a .12% Transportation Fund tax rate, the | ||||||
10 | amount of its
claim in excess of 4/5 of the cost of | ||||||
11 | transporting pupils shall be
reduced by the sum arrived at by | ||||||
12 | subtracting the Transportation Fund tax
rate from .12% and | ||||||
13 | multiplying that amount by the district's prior year districts | ||||||
14 | equalized or
assessed valuation, provided, that in no case | ||||||
15 | shall said reduction
result in reimbursement of less than 4/5 | ||||||
16 | of the cost to transport
eligible pupils.
| ||||||
17 | The minimum amount to be received by a district is $16 | ||||||
18 | times the
number of eligible pupils transported.
| ||||||
19 | When calculating the reimbursement for transportation | ||||||
20 | costs, the State Board of Education may not deduct the number | ||||||
21 | of pupils enrolled in early education programs from the number | ||||||
22 | of pupils eligible for reimbursement if the pupils enrolled in | ||||||
23 | the early education programs are transported at the same time | ||||||
24 | as other eligible pupils.
| ||||||
25 | Any such district transporting resident pupils during the | ||||||
26 | school day
to an area vocational school or another school |
| |||||||
| |||||||
1 | district's vocational
program more than 1 1/2 miles from the | ||||||
2 | school attended, as provided in
Sections 10-22.20a and | ||||||
3 | 10-22.22, shall be reimbursed by the State for 4/5
of the cost | ||||||
4 | of transporting eligible pupils.
| ||||||
5 | School day means that period of time which the pupil is | ||||||
6 | required to be
in attendance for instructional purposes.
| ||||||
7 | If a pupil is at a location within the school district | ||||||
8 | other than his
residence for child care purposes at the time | ||||||
9 | for transportation to school,
that location may be considered | ||||||
10 | for purposes of determining the 1 1/2 miles
from the school | ||||||
11 | attended.
| ||||||
12 | Claims for reimbursement that include children who attend | ||||||
13 | any school
other than a public school shall show the number of | ||||||
14 | such children
transported.
| ||||||
15 | Claims for reimbursement under this Section shall not be | ||||||
16 | paid for the
transportation of pupils for whom transportation | ||||||
17 | costs are claimed for
payment under other Sections of this Act.
| ||||||
18 | The allowable direct cost of transporting pupils for | ||||||
19 | regular, vocational,
and special education pupil | ||||||
20 | transportation shall be limited to the sum of
the cost of | ||||||
21 | physical examinations required for employment as a school bus
| ||||||
22 | driver; the salaries of full or part-time drivers and school | ||||||
23 | bus maintenance
personnel; employee benefits excluding | ||||||
24 | Illinois municipal retirement
payments, social security | ||||||
25 | payments, unemployment insurance payments and
workers' | ||||||
26 | compensation insurance premiums; expenditures to independent
|
| |||||||
| |||||||
1 | carriers who operate school buses; payments to other school | ||||||
2 | districts for
pupil transportation services; pre-approved | ||||||
3 | contractual expenditures for
computerized bus scheduling; the | ||||||
4 | cost of gasoline, oil, tires, and other
supplies necessary for | ||||||
5 | the operation of school buses; the cost of
converting buses' | ||||||
6 | gasoline engines to more fuel efficient engines or to
engines | ||||||
7 | which use alternative energy sources; the cost of travel to
| ||||||
8 | meetings and workshops conducted by the regional | ||||||
9 | superintendent or the
State Superintendent of Education | ||||||
10 | pursuant to the standards established by
the Secretary of State | ||||||
11 | under Section 6-106 of the Illinois Vehicle Code to improve the | ||||||
12 | driving skills of
school bus drivers; the cost of maintenance | ||||||
13 | of school buses including parts
and materials used; | ||||||
14 | expenditures for leasing transportation vehicles,
except | ||||||
15 | interest and service charges; the cost of insurance and | ||||||
16 | licenses for
transportation vehicles; expenditures for the | ||||||
17 | rental of transportation
equipment; plus a depreciation | ||||||
18 | allowance of 20% for 5 years for school
buses and vehicles | ||||||
19 | approved for transporting pupils to and from school and
a | ||||||
20 | depreciation allowance of 10% for 10 years for other | ||||||
21 | transportation
equipment so used.
Each school year, if a school | ||||||
22 | district has made expenditures to the
Regional Transportation | ||||||
23 | Authority or any of its service boards, a mass
transit | ||||||
24 | district, or an urban transportation district under an
| ||||||
25 | intergovernmental agreement with the district to provide for | ||||||
26 | the
transportation of pupils and if the public transit carrier |
| |||||||
| |||||||
1 | received direct
payment for services or passes from a school | ||||||
2 | district within its service
area during the 2000-2001 school | ||||||
3 | year, then the allowable direct cost of
transporting pupils for | ||||||
4 | regular, vocational, and special education pupil
| ||||||
5 | transportation shall also include the expenditures that the | ||||||
6 | district has
made to the public transit carrier.
In addition to | ||||||
7 | the above allowable costs school
districts shall also claim all | ||||||
8 | transportation supervisory salary costs,
including Illinois | ||||||
9 | municipal retirement payments, and all transportation
related | ||||||
10 | building and building maintenance costs without limitation.
| ||||||
11 | Special education allowable costs shall also include | ||||||
12 | expenditures for the
salaries of attendants or aides for that | ||||||
13 | portion of the time they assist
special education pupils while | ||||||
14 | in transit and expenditures for parents and
public carriers for | ||||||
15 | transporting special education pupils when pre-approved
by the | ||||||
16 | State Superintendent of Education.
| ||||||
17 | Indirect costs shall be included in the reimbursement claim | ||||||
18 | for districts
which own and operate their own school buses. | ||||||
19 | Such indirect costs shall
include administrative costs, or any | ||||||
20 | costs attributable to transporting
pupils from their | ||||||
21 | attendance centers to another school building for
| ||||||
22 | instructional purposes. No school district which owns and | ||||||
23 | operates its own
school buses may claim reimbursement for | ||||||
24 | indirect costs which exceed 5% of
the total allowable direct | ||||||
25 | costs for pupil transportation.
| ||||||
26 | The State Board of Education shall prescribe uniform |
| |||||||
| |||||||
1 | regulations for
determining the above standards and shall | ||||||
2 | prescribe forms of cost
accounting and standards of determining | ||||||
3 | reasonable depreciation. Such
depreciation shall include the | ||||||
4 | cost of equipping school buses with the
safety features | ||||||
5 | required by law or by the rules, regulations and standards
| ||||||
6 | promulgated by the State Board of Education, and the Department | ||||||
7 | of
Transportation for the safety and construction of school | ||||||
8 | buses provided,
however, any equipment cost reimbursed by the | ||||||
9 | Department of Transportation
for equipping school buses with | ||||||
10 | such safety equipment shall be deducted
from the allowable cost | ||||||
11 | in the computation of reimbursement under this
Section in the | ||||||
12 | same percentage as the cost of the equipment is depreciated.
| ||||||
13 | On or before August 15, annually, the chief school | ||||||
14 | administrator for
the district shall certify to the State | ||||||
15 | Superintendent of Education the
district's claim for | ||||||
16 | reimbursement for the school year ending on June 30
next | ||||||
17 | preceding. The State Superintendent of Education shall check | ||||||
18 | and
approve the claims and prepare the vouchers showing the | ||||||
19 | amounts due for
district reimbursement claims. Each fiscal | ||||||
20 | year, the State
Superintendent of Education shall prepare and | ||||||
21 | transmit the first 3
vouchers to the Comptroller on the 30th | ||||||
22 | day of September, December and
March, respectively, and the | ||||||
23 | final voucher, no later than June 20.
| ||||||
24 | If the amount appropriated for transportation | ||||||
25 | reimbursement is insufficient
to fund total claims for any | ||||||
26 | fiscal year, the State Board of Education shall
reduce each |
| |||||||
| |||||||
1 | school district's allowable costs and flat grant amount
| ||||||
2 | proportionately to make total adjusted claims equal the total | ||||||
3 | amount
appropriated.
| ||||||
4 | For purposes of calculating claims for reimbursement under | ||||||
5 | this Section
for any school year beginning July 1, 1998, or | ||||||
6 | thereafter, the
equalized
assessed valuation for a school | ||||||
7 | district used to compute reimbursement
shall be computed in the | ||||||
8 | same manner as it is computed under paragraph (2) of
subsection | ||||||
9 | (G) of Section 18-8.05.
| ||||||
10 | All reimbursements received from the State shall be | ||||||
11 | deposited into the
district's transportation fund or into the | ||||||
12 | fund from which the allowable
expenditures were made.
| ||||||
13 | Notwithstanding any other provision of law, any school | ||||||
14 | district receiving
a payment under this Section or under | ||||||
15 | Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may | ||||||
16 | classify all or a portion of the funds that it
receives in a | ||||||
17 | particular fiscal year or from general State aid pursuant to
| ||||||
18 | Section 18-8.05 of this Code
as funds received in connection | ||||||
19 | with any funding program for which it is
entitled to receive | ||||||
20 | funds from the State in that fiscal year (including,
without | ||||||
21 | limitation, any funding program referenced in this Section),
| ||||||
22 | regardless of the source or timing of the receipt. The district | ||||||
23 | may not
classify more funds as funds received in connection | ||||||
24 | with the funding
program than the district is entitled to | ||||||
25 | receive in that fiscal year for that
program. Any
| ||||||
26 | classification by a district must be made by a resolution of |
| |||||||
| |||||||
1 | its board of
education. The resolution must identify the amount | ||||||
2 | of any payments or
general State aid to be classified under | ||||||
3 | this paragraph and must specify
the funding program to which | ||||||
4 | the funds are to be treated as received in
connection | ||||||
5 | therewith. This resolution is controlling as to the
| ||||||
6 | classification of funds referenced therein. A certified copy of | ||||||
7 | the
resolution must be sent to the State Superintendent of | ||||||
8 | Education.
The resolution shall still take effect even though a | ||||||
9 | copy of the resolution has
not been sent to the State
| ||||||
10 | Superintendent of Education in a timely manner.
No
| ||||||
11 | classification under this paragraph by a district shall affect | ||||||
12 | the total amount
or timing of money the district is entitled to | ||||||
13 | receive under this Code.
No classification under this paragraph | ||||||
14 | by a district shall
in any way relieve the district from or | ||||||
15 | affect any
requirements that otherwise would apply with respect | ||||||
16 | to
that funding program, including any
accounting of funds by | ||||||
17 | source, reporting expenditures by
original source and purpose,
| ||||||
18 | reporting requirements,
or requirements of providing services.
| ||||||
19 | Any school district with a population of not more than | ||||||
20 | 500,000
must deposit all funds received under this Article into | ||||||
21 | the transportation
fund and use those funds for the provision | ||||||
22 | of transportation services.
| ||||||
23 | Notwithstanding anything to the contrary contained in this | ||||||
24 | Section, the State Board of Education shall award to a school | ||||||
25 | district having a population exceeding 500,000 inhabitants | ||||||
26 | 3.9% of the funds appropriated by the General Assembly for any |
| |||||||
| |||||||
1 | fiscal year for purposes of payments to school districts under | ||||||
2 | this Section. | ||||||
3 | (Source: P.A. 95-903, eff. 8-25-08; 96-1264, eff. 1-1-11 .)
| ||||||
4 | (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
| ||||||
5 | Sec. 34-2.3. Local school councils - Powers and duties. | ||||||
6 | Each local school
council shall have and exercise, consistent | ||||||
7 | with the provisions of
this Article and the powers and duties | ||||||
8 | of
the board of education, the following powers and duties:
| ||||||
9 | 1. (A) To annually evaluate the performance of the | ||||||
10 | principal of the
attendance
center
using a Board approved | ||||||
11 | principal evaluation form, which shall include the
evaluation | ||||||
12 | of
(i) student academic improvement, as defined by the
school | ||||||
13 | improvement plan, (ii)
student absenteeism rates
at the school, | ||||||
14 | (iii) instructional leadership, (iv) the effective
| ||||||
15 | implementation of
programs, policies, or strategies to improve | ||||||
16 | student academic achievement,
(v) school management, and (vi) | ||||||
17 | any other factors deemed relevant by the local
school council, | ||||||
18 | including, without limitation, the principal's communication
| ||||||
19 | skills and ability to create and maintain a student-centered | ||||||
20 | learning
environment, to develop opportunities for | ||||||
21 | professional development, and to
encourage parental | ||||||
22 | involvement and community partnerships to achieve school
| ||||||
23 | improvement;
| ||||||
24 | (B) to determine in the manner provided by subsection (c) | ||||||
25 | of Section
34-2.2 and subdivision 1.5 of this Section whether |
| |||||||
| |||||||
1 | the performance contract
of the principal shall be
renewed; and
| ||||||
2 | (C) to directly select, in the manner provided by
| ||||||
3 | subsection (c) of
Section 34-2.2, a new principal (including a | ||||||
4 | new principal to fill a
vacancy)
-- without submitting any list | ||||||
5 | of candidates for that position to the
general superintendent | ||||||
6 | as provided in paragraph 2 of this Section -- to
serve under a | ||||||
7 | 4 year performance contract; provided that (i) the | ||||||
8 | determination
of whether the principal's performance contract | ||||||
9 | is to be renewed, based upon
the evaluation required by | ||||||
10 | subdivision 1.5 of this Section, shall be made no
later than | ||||||
11 | 150 days prior to the expiration of the current | ||||||
12 | performance-based
contract of the principal, (ii) in cases | ||||||
13 | where such performance
contract is not renewed -- a
direct | ||||||
14 | selection
of a
new principal -- to serve under a 4 year | ||||||
15 | performance contract shall be made by
the local school council | ||||||
16 | no later than 45 days prior to the expiration of the
current | ||||||
17 | performance contract of the principal, and (iii) a
selection by
| ||||||
18 | the local school council of a new principal to fill a vacancy | ||||||
19 | under a 4 year
performance contract shall be made within 90 | ||||||
20 | days after the date such vacancy
occurs. A Council shall be | ||||||
21 | required, if requested by the principal, to provide
in writing | ||||||
22 | the reasons for the council's not renewing the principal's | ||||||
23 | contract.
| ||||||
24 | 1.5. The local school council's determination of whether to | ||||||
25 | renew the
principal's contract shall be based on an evaluation | ||||||
26 | to assess the educational
and administrative progress made at |
| |||||||
| |||||||
1 | the school during the principal's current
performance-based | ||||||
2 | contract. The local school council shall base its evaluation
on | ||||||
3 | (i) student academic improvement, as defined by the school | ||||||
4 | improvement plan,
(ii) student absenteeism rates at the school, | ||||||
5 | (iii) instructional leadership,
(iv) the effective | ||||||
6 | implementation of programs, policies, or strategies to
improve | ||||||
7 | student academic achievement, (v) school management, and (vi) | ||||||
8 | any
other factors deemed relevant by the local school council, | ||||||
9 | including, without
limitation, the principal's communication | ||||||
10 | skills and ability to create and
maintain a student-centered | ||||||
11 | learning environment, to develop opportunities for
| ||||||
12 | professional development, and to encourage parental | ||||||
13 | involvement and community
partnerships to achieve school | ||||||
14 | improvement. If a local school council
fails to renew the | ||||||
15 | performance contract of a principal rated by the general
| ||||||
16 | superintendent, or his or her designee, in the previous years' | ||||||
17 | evaluations as
meeting or exceeding expectations, the | ||||||
18 | principal, within 15 days after the
local school council's | ||||||
19 | decision not to renew the contract, may request a review
of the
| ||||||
20 | local school council's principal non-retention decision by a | ||||||
21 | hearing officer
appointed by the American Arbitration | ||||||
22 | Association. A local school council
member or members or the | ||||||
23 | general superintendent may support the principal's
request for | ||||||
24 | review.
During the period of the hearing officer's review of | ||||||
25 | the local school
council's decision on
whether or not to retain | ||||||
26 | the principal, the local school council shall maintain
all |
| |||||||
| |||||||
1 | authority
to search for and contract with a person to serve
as | ||||||
2 | interim or acting
principal, or as the
principal of the | ||||||
3 | attendance center under a 4-year performance contract,
| ||||||
4 | provided that any performance contract entered into by the | ||||||
5 | local school council
shall be voidable
or
modified in | ||||||
6 | accordance with the decision of the hearing officer.
The | ||||||
7 | principal may request review only once while at that
attendance | ||||||
8 | center. If a local school council renews the contract of a
| ||||||
9 | principal who failed to obtain a rating of "meets" or "exceeds | ||||||
10 | expectations" in
the general superintendent's evaluation for | ||||||
11 | the previous year, the general superintendent,
within 15
days | ||||||
12 | after the local
school council's decision to renew the | ||||||
13 | contract,
may request a review of
the local school council's | ||||||
14 | principal retention decision by a hearing officer
appointed by | ||||||
15 | the American Arbitration Association. The general | ||||||
16 | superintendent may request a review only
once
for that | ||||||
17 | principal at that attendance center. All requests to review the
| ||||||
18 | retention or non-retention of a principal shall be submitted to | ||||||
19 | the general
superintendent, who shall, in turn, forward such | ||||||
20 | requests, within 14 days of
receipt, to the American | ||||||
21 | Arbitration Association.
The general superintendent shall send | ||||||
22 | a contemporaneous copy of the request
that was forwarded to the | ||||||
23 | American Arbitration Association to the principal and
to each | ||||||
24 | local school council member and shall inform the local school | ||||||
25 | council
of its rights and responsibilities under the | ||||||
26 | arbitration process, including the
local school council's |
| |||||||
| |||||||
1 | right to representation and the manner and process by
which the | ||||||
2 | Board shall pay the costs of the council's representation.
If | ||||||
3 | the local school council retains the
principal and the general | ||||||
4 | superintendent requests a review of the retention
decision, the | ||||||
5 | local school council and the general
superintendent shall be | ||||||
6 | considered parties to the arbitration, a hearing officer shall
| ||||||
7 | be
chosen between those 2
parties pursuant to procedures | ||||||
8 | promulgated by the State Board of Education,
and the principal | ||||||
9 | may retain counsel and participate in the arbitration. If the | ||||||
10 | local school council does not retain the principal and
the | ||||||
11 | principal requests a review of the retention decision, the | ||||||
12 | local school
council and the principal shall be considered | ||||||
13 | parties to the
arbitration and a hearing
officer shall be | ||||||
14 | chosen between those 2 parties pursuant to procedures
| ||||||
15 | promulgated by the State Board of Education.
The hearing shall | ||||||
16 | begin (i)
within 45 days
after the initial request for review | ||||||
17 | is submitted by the principal to the
general superintendent or | ||||||
18 | (ii) if the
initial request for
review is made by the general | ||||||
19 | superintendent, within 45 days after that request
is mailed
to | ||||||
20 | the American Arbitration Association.
The hearing officer | ||||||
21 | shall render a
decision within 45
days after the hearing begins | ||||||
22 | and within 90 days after the initial request
for review.
The | ||||||
23 | Board shall contract with the American
Arbitration Association | ||||||
24 | for all of the hearing officer's reasonable and
necessary | ||||||
25 | costs. In addition, the Board shall pay any reasonable costs
| ||||||
26 | incurred by a local school council for representation before a |
| |||||||
| |||||||
1 | hearing
officer.
| ||||||
2 | 1.10. The hearing officer shall conduct a hearing, which | ||||||
3 | shall include (i)
a review of the principal's performance, | ||||||
4 | evaluations, and other evidence of
the principal's service at | ||||||
5 | the school, (ii) reasons provided by the local
school council | ||||||
6 | for its decision, and (iii) documentation evidencing views of
| ||||||
7 | interested persons, including,
without limitation, students, | ||||||
8 | parents, local school council members, school
faculty and | ||||||
9 | staff, the principal, the general superintendent or his or her
| ||||||
10 | designee, and members of the community. The burden of proof in | ||||||
11 | establishing
that the local school council's decision was | ||||||
12 | arbitrary and capricious shall be
on the party requesting the | ||||||
13 | arbitration, and this party shall sustain the
burden by a | ||||||
14 | preponderance of the evidence.
The hearing officer shall set | ||||||
15 | the
local school council decision aside if that decision, in | ||||||
16 | light of the record
developed at the hearing, is arbitrary and | ||||||
17 | capricious. The decision of the
hearing officer may not be | ||||||
18 | appealed to the Board or the State Board of
Education. If the | ||||||
19 | hearing officer decides that the principal shall be
retained, | ||||||
20 | the retention period shall not exceed 2 years.
| ||||||
21 | 2. In the event (i) the local school council does not renew | ||||||
22 | the
performance contract of the principal, or the principal | ||||||
23 | fails to receive a
satisfactory rating as provided in | ||||||
24 | subsection (h) of Section 34-8.3,
or the principal is
removed | ||||||
25 | for cause during the term of his or her performance contract
in | ||||||
26 | the manner provided by Section 34-85, or a vacancy in the |
| |||||||
| |||||||
1 | position
of principal otherwise occurs prior to the expiration | ||||||
2 | of the term of
a principal's performance contract, and (ii) the | ||||||
3 | local school council
fails to directly select a new principal | ||||||
4 | to serve under a 4 year performance
contract,
the local school | ||||||
5 | council in such event shall submit to the general
| ||||||
6 | superintendent a list of 3 candidates -- listed in the local | ||||||
7 | school
council's order of preference -- for the position of | ||||||
8 | principal, one of
which shall be selected by the general | ||||||
9 | superintendent to serve as
principal of the attendance center. | ||||||
10 | If the general superintendent
fails or refuses to select one of | ||||||
11 | the candidates on the list to serve as
principal within 30 days | ||||||
12 | after being furnished with the candidate list,
the general | ||||||
13 | superintendent shall select and place a principal on an interim
| ||||||
14 | basis (i) for a period not to exceed one year or (ii) until the | ||||||
15 | local school
council selects a new principal with 7 affirmative | ||||||
16 | votes as
provided in subsection (c) of Section 34-2.2, | ||||||
17 | whichever occurs first. If the
local school council
fails or | ||||||
18 | refuses to select and appoint a new principal, as specified by
| ||||||
19 | subsection (c) of Section 34-2.2, the general superintendent | ||||||
20 | may select and
appoint a new principal on an interim basis for
| ||||||
21 | an additional year or until a new contract principal is | ||||||
22 | selected by the local
school council. There shall be no | ||||||
23 | discrimination on the basis of
race, sex, creed, color or
| ||||||
24 | disability unrelated to ability to perform in
connection with | ||||||
25 | the submission of candidates for, and the selection of a
| ||||||
26 | candidate to serve as principal of an attendance center. No |
| |||||||
| |||||||
1 | person shall
be directly selected, listed as a candidate for, | ||||||
2 | or selected to serve as
principal of an attendance center (i) | ||||||
3 | if such person has been removed for cause
from employment by | ||||||
4 | the Board or (ii) if such person does not hold a valid
| ||||||
5 | administrative certificate issued or exchanged under Article | ||||||
6 | 21 and
endorsed as required by that Article for the position of | ||||||
7 | principal. A
principal whose performance contract is not | ||||||
8 | renewed as provided under
subsection (c) of Section 34-2.2 may | ||||||
9 | nevertheless, if otherwise qualified
and certified as herein | ||||||
10 | provided
and if he or she has received a satisfactory rating as | ||||||
11 | provided in subsection
(h) of Section 34-8.3, be included by a | ||||||
12 | local school council as
one of the 3 candidates listed in order | ||||||
13 | of preference on any candidate list
from which one person is to | ||||||
14 | be selected to serve as principal of the
attendance center | ||||||
15 | under a new performance contract. The initial candidate
list | ||||||
16 | required to be submitted by a local school council to the | ||||||
17 | general
superintendent in cases where the local school council | ||||||
18 | does not renew the
performance contract of its principal and | ||||||
19 | does not directly select a new
principal to serve under a 4 | ||||||
20 | year performance contract shall be submitted
not later than
30 | ||||||
21 | days prior to the expiration of the current performance | ||||||
22 | contract. In
cases where the local school council fails or | ||||||
23 | refuses to submit the candidate
list to the general | ||||||
24 | superintendent no later than 30 days prior to the
expiration of | ||||||
25 | the incumbent principal's contract, the general superintendent
| ||||||
26 | may
appoint a principal on an interim basis for a period not to |
| |||||||
| |||||||
1 | exceed one year,
during which time the local school council | ||||||
2 | shall be able to select a new
principal with 7 affirmative | ||||||
3 | votes as provided in subsection (c) of Section
34-2.2. In cases | ||||||
4 | where a principal is removed for cause or a
vacancy otherwise | ||||||
5 | occurs in the position of principal and the vacancy is
not | ||||||
6 | filled by direct selection by the local school council, the | ||||||
7 | candidate
list shall be submitted by the local school council | ||||||
8 | to the general
superintendent within 90 days after the date | ||||||
9 | such
removal or
vacancy occurs.
In cases where the local school | ||||||
10 | council fails or refuses to submit the
candidate list to the | ||||||
11 | general superintendent within 90 days after the date of
the | ||||||
12 | vacancy, the general superintendent may appoint a principal on | ||||||
13 | an interim
basis for a period of one year, during which time | ||||||
14 | the local school council
shall be able to select a new | ||||||
15 | principal with 7 affirmative votes as provided in
subsection | ||||||
16 | (c) of Section 34-2.2.
| ||||||
17 | 2.5. Whenever a vacancy in the office of a principal occurs | ||||||
18 | for any reason,
the vacancy shall be filled in the manner | ||||||
19 | provided by this Section by the
selection of a new principal to | ||||||
20 | serve under a 4 year performance contract.
| ||||||
21 | 3. To establish additional criteria
to be included as part | ||||||
22 | of
the
performance contract of its principal, provided that | ||||||
23 | such additional
criteria shall not discriminate on the basis of | ||||||
24 | race, sex, creed, color
or
disability unrelated to ability to | ||||||
25 | perform, and shall not be inconsistent
with the uniform 4 year | ||||||
26 | performance contract for principals developed by
the board as |
| |||||||
| |||||||
1 | provided in Section 34-8.1 of the School Code
or with other | ||||||
2 | provisions of this Article governing the
authority and | ||||||
3 | responsibility of principals.
| ||||||
4 | 4. To approve the expenditure plan prepared by the | ||||||
5 | principal with
respect to all funds allocated and distributed | ||||||
6 | to the attendance center by
the Board. The expenditure plan | ||||||
7 | shall be administered by the principal.
Notwithstanding any | ||||||
8 | other provision of this Act or any other law, any
expenditure | ||||||
9 | plan approved and
administered under this Section 34-2.3 shall | ||||||
10 | be consistent with and subject to
the terms of any contract for | ||||||
11 | services with a third party entered into by the
Chicago School | ||||||
12 | Reform Board of Trustees or the board under this Act.
| ||||||
13 | Via a supermajority vote of 7 members of the local school | ||||||
14 | council or 8
members of a high school local school council, the | ||||||
15 | Council may transfer
allocations pursuant to Section 34-2.3 | ||||||
16 | within funds; provided that such a
transfer is consistent with | ||||||
17 | applicable law and
collective bargaining
agreements.
| ||||||
18 | Beginning in fiscal year 1991 and in each fiscal year
| ||||||
19 | thereafter, the
Board may reserve up to 1% of its total fiscal | ||||||
20 | year budget for
distribution
on a prioritized basis to schools | ||||||
21 | throughout the school system in order to
assure adequate | ||||||
22 | programs to meet the needs of
special student populations as | ||||||
23 | determined by the Board. This distribution
shall take into | ||||||
24 | account the needs catalogued in the Systemwide Plan and the
| ||||||
25 | various local school improvement plans of the local school | ||||||
26 | councils.
Information about these centrally funded programs |
| |||||||
| |||||||
1 | shall be distributed to
the local school councils so that their | ||||||
2 | subsequent planning and programming
will account for these | ||||||
3 | provisions.
| ||||||
4 | Beginning in fiscal year 1991 and in each fiscal year | ||||||
5 | thereafter, from
other amounts available in the applicable | ||||||
6 | fiscal year budget, the board
shall allocate a lump sum amount | ||||||
7 | to each local school based upon
such formula as the board shall | ||||||
8 | determine taking into account the special needs
of the student | ||||||
9 | body. The local school
principal shall develop an expenditure | ||||||
10 | plan in consultation with the local
school council, the | ||||||
11 | professional personnel leadership
committee and with all
other | ||||||
12 | school personnel, which reflects the
priorities and activities | ||||||
13 | as described in the school's local school
improvement plan and | ||||||
14 | is consistent with applicable law and collective
bargaining | ||||||
15 | agreements and with board policies and standards; however, the
| ||||||
16 | local school council shall have the right to request waivers of | ||||||
17 | board policy
from the board of education and waivers of | ||||||
18 | employee collective bargaining
agreements pursuant to Section | ||||||
19 | 34-8.1a.
| ||||||
20 | The expenditure plan developed by the principal with | ||||||
21 | respect to
amounts available from the fund for prioritized | ||||||
22 | special needs programs
and the allocated lump sum amount must | ||||||
23 | be approved by the local school council.
| ||||||
24 | The lump sum allocation shall take into account the
| ||||||
25 | following principles:
| ||||||
26 | a. Teachers: Each school shall be allocated funds equal |
| |||||||
| |||||||
1 | to the
amount appropriated in the previous school year for | ||||||
2 | compensation for
teachers (regular grades kindergarten | ||||||
3 | through 12th grade) plus whatever
increases in | ||||||
4 | compensation have been negotiated contractually or through
| ||||||
5 | longevity as provided in the negotiated agreement. | ||||||
6 | Adjustments shall be
made due to layoff or reduction in | ||||||
7 | force, lack of funds or work, change in
subject | ||||||
8 | requirements, enrollment changes, or contracts with third
| ||||||
9 | parties for the performance of services or to rectify
any | ||||||
10 | inconsistencies with system-wide allocation formulas or | ||||||
11 | for other
legitimate reasons.
| ||||||
12 | b. Other personnel: Funds for other teacher | ||||||
13 | certificated and
uncertificated personnel paid through | ||||||
14 | non-categorical funds shall be
provided according to | ||||||
15 | system-wide formulas based on student enrollment and
the | ||||||
16 | special needs of the school as determined by the Board.
| ||||||
17 | c. Non-compensation items: Appropriations for all | ||||||
18 | non-compensation items
shall be based on system-wide | ||||||
19 | formulas based on student enrollment and
on the special | ||||||
20 | needs of the school or factors related to the physical
| ||||||
21 | plant, including but not limited to textbooks, electronic | ||||||
22 | textbooks and the technological equipment necessary to | ||||||
23 | gain access to and use electronic textbooks, supplies, | ||||||
24 | electricity,
equipment, and routine maintenance.
| ||||||
25 | d. Funds for categorical programs: Schools shall | ||||||
26 | receive personnel
and funds based on, and shall use such |
| |||||||
| |||||||
1 | personnel and funds in accordance
with State and Federal | ||||||
2 | requirements applicable to each
categorical program
| ||||||
3 | provided to meet the special needs of the student body | ||||||
4 | (including but not
limited to, Federal Chapter I, | ||||||
5 | Bilingual, and Special Education).
| ||||||
6 | d.1. Funds for State Title I: Each school shall receive
| ||||||
7 | funds based on State and Board requirements applicable to | ||||||
8 | each State
Title I pupil provided to meet the special needs | ||||||
9 | of the student body. Each
school shall receive the | ||||||
10 | proportion of funds as provided in Section 18-8 or 18-8.15 | ||||||
11 | to
which they are entitled. These funds shall be spent only | ||||||
12 | with the
budgetary approval of the Local School Council as | ||||||
13 | provided in Section 34-2.3.
| ||||||
14 | e. The Local School Council shall have the right to | ||||||
15 | request the
principal to close positions and open new ones | ||||||
16 | consistent with the
provisions of the local school | ||||||
17 | improvement plan provided that these
decisions are | ||||||
18 | consistent with applicable law and
collective bargaining
| ||||||
19 | agreements. If a position is closed, pursuant to this | ||||||
20 | paragraph, the local
school shall have for its use the | ||||||
21 | system-wide average compensation for the
closed position.
| ||||||
22 | f. Operating within existing laws and
collective | ||||||
23 | bargaining agreements,
the local school council shall have | ||||||
24 | the right to direct the principal to
shift expenditures | ||||||
25 | within funds.
| ||||||
26 | g. (Blank).
|
| |||||||
| |||||||
1 | Any funds unexpended at the end of the fiscal year shall be | ||||||
2 | available to
the board of education for use as part of its | ||||||
3 | budget for the following
fiscal year.
| ||||||
4 | 5. To make recommendations to the principal concerning | ||||||
5 | textbook
selection and concerning curriculum developed | ||||||
6 | pursuant to the school
improvement plan which is consistent | ||||||
7 | with systemwide curriculum objectives
in accordance with | ||||||
8 | Sections 34-8 and 34-18 of the School Code and in
conformity | ||||||
9 | with the collective bargaining agreement.
| ||||||
10 | 6. To advise the principal concerning the attendance and
| ||||||
11 | disciplinary policies for the attendance center, subject to the | ||||||
12 | provisions
of this Article and Article 26, and consistent with | ||||||
13 | the uniform system of
discipline established by the board | ||||||
14 | pursuant to Section 34-19.
| ||||||
15 | 7. To approve a school improvement plan developed as | ||||||
16 | provided in Section
34-2.4. The process and schedule for plan | ||||||
17 | development shall be publicized
to the entire school community, | ||||||
18 | and the community shall be afforded the
opportunity to make | ||||||
19 | recommendations concerning the plan. At least twice a
year the | ||||||
20 | principal and
local
school council shall report publicly on
| ||||||
21 | progress and problems with respect to plan implementation.
| ||||||
22 | 8. To evaluate the allocation of teaching resources and | ||||||
23 | other
certificated and uncertificated staff to the attendance | ||||||
24 | center to determine
whether such allocation is consistent with | ||||||
25 | and in furtherance of
instructional objectives and school | ||||||
26 | programs reflective of the school
improvement plan adopted for |
| |||||||
| |||||||
1 | the attendance center; and to make
recommendations to the | ||||||
2 | board, the general superintendent
and the
principal concerning | ||||||
3 | any reallocation of teaching resources
or other staff whenever | ||||||
4 | the council determines that any such
reallocation is | ||||||
5 | appropriate because the qualifications of any existing
staff at | ||||||
6 | the attendance center do not adequately match or support
| ||||||
7 | instructional objectives or school programs which reflect the | ||||||
8 | school
improvement plan.
| ||||||
9 | 9. To make recommendations to the principal and the general | ||||||
10 | superintendent
concerning their respective appointments, after | ||||||
11 | August 31, 1989, and in the
manner provided by Section 34-8 and | ||||||
12 | Section 34-8.1,
of persons to fill any vacant, additional or | ||||||
13 | newly created
positions for teachers at the attendance center | ||||||
14 | or at attendance centers
which include the attendance center | ||||||
15 | served by the local school council.
| ||||||
16 | 10. To request of the Board the manner in which training | ||||||
17 | and
assistance shall be provided to the local school council. | ||||||
18 | Pursuant to Board
guidelines a local school council is | ||||||
19 | authorized to direct
the Board of Education to contract with | ||||||
20 | personnel or not-for-profit
organizations not associated with | ||||||
21 | the school district to train or assist
council members. If | ||||||
22 | training or assistance is provided by contract with
personnel | ||||||
23 | or organizations not associated with the school district, the
| ||||||
24 | period of training or assistance shall not exceed 30 hours | ||||||
25 | during a given
school year; person shall not be employed on a | ||||||
26 | continuous basis longer than
said period and shall not have |
| |||||||
| |||||||
1 | been employed by the Chicago Board of
Education within the | ||||||
2 | preceding six months. Council members shall receive
training in | ||||||
3 | at least the following areas:
| ||||||
4 | 1. school budgets;
| ||||||
5 | 2. educational theory pertinent to the attendance | ||||||
6 | center's particular
needs, including the development of | ||||||
7 | the school improvement plan and the
principal's | ||||||
8 | performance contract; and
| ||||||
9 | 3. personnel selection.
| ||||||
10 | Council members shall, to the greatest extent possible, | ||||||
11 | complete such
training within 90 days of election.
| ||||||
12 | 11. In accordance with systemwide guidelines contained in | ||||||
13 | the
System-Wide Educational Reform Goals and Objectives Plan, | ||||||
14 | criteria for
evaluation of performance shall be established for | ||||||
15 | local school councils
and local school council members. If a | ||||||
16 | local school council persists in
noncompliance with systemwide | ||||||
17 | requirements, the Board may impose sanctions
and take necessary | ||||||
18 | corrective action, consistent with Section 34-8.3.
| ||||||
19 | 12. Each local school council shall comply with the Open | ||||||
20 | Meetings Act and
the Freedom of Information Act. Each local | ||||||
21 | school council shall issue and
transmit to its school community | ||||||
22 | a detailed annual report accounting for
its activities | ||||||
23 | programmatically and financially. Each local school council
| ||||||
24 | shall convene at least 2 well-publicized meetings annually with | ||||||
25 | its entire
school community. These meetings shall include | ||||||
26 | presentation of the
proposed local school improvement plan, of |
| |||||||
| |||||||
1 | the proposed school expenditure
plan, and the annual report, | ||||||
2 | and shall provide an opportunity for public
comment.
| ||||||
3 | 13. Each local school council is encouraged to involve | ||||||
4 | additional
non-voting members of the school community in | ||||||
5 | facilitating the council's
exercise of its responsibilities.
| ||||||
6 | 14. The local school council may adopt a school
uniform or | ||||||
7 | dress
code policy that governs the attendance center and that | ||||||
8 | is
necessary to maintain the orderly process of a school | ||||||
9 | function or prevent
endangerment of student health or safety, | ||||||
10 | consistent with the policies and
rules of the Board of | ||||||
11 | Education.
A school uniform or dress code policy adopted
by a | ||||||
12 | local school council: (i) shall not be applied in such manner | ||||||
13 | as to
discipline or deny attendance to a transfer student or | ||||||
14 | any other student for
noncompliance with that
policy during | ||||||
15 | such period of time as is reasonably necessary to enable the
| ||||||
16 | student to acquire a school uniform or otherwise comply with | ||||||
17 | the dress code
policy that is in effect at the attendance | ||||||
18 | center into which the student's
enrollment is transferred; and | ||||||
19 | (ii) shall include criteria and procedures under
which the | ||||||
20 | local school council will accommodate the needs of or otherwise
| ||||||
21 | provide
appropriate resources to assist a student from an | ||||||
22 | indigent family in complying
with an applicable school uniform | ||||||
23 | or dress code policy.
A student whose parents or legal | ||||||
24 | guardians object on religious grounds to the
student's | ||||||
25 | compliance with an applicable school uniform or dress code | ||||||
26 | policy
shall not be required to comply with that policy if the |
| |||||||
| |||||||
1 | student's parents or
legal guardians present to the local | ||||||
2 | school council a signed statement of
objection detailing the | ||||||
3 | grounds for the objection.
| ||||||
4 | 15. All decisions made and actions taken by the local | ||||||
5 | school council in
the exercise of its powers and duties shall | ||||||
6 | comply with State and federal
laws, all applicable collective | ||||||
7 | bargaining agreements, court orders and
rules properly | ||||||
8 | promulgated by the Board.
| ||||||
9 | 15a. To grant, in accordance with board rules and policies,
| ||||||
10 | the use of assembly halls and classrooms when not otherwise | ||||||
11 | needed,
including lighting, heat, and attendants, for public | ||||||
12 | lectures, concerts, and
other educational and social | ||||||
13 | activities.
| ||||||
14 | 15b. To approve, in accordance with board rules and | ||||||
15 | policies, receipts and
expenditures for all internal accounts | ||||||
16 | of the
attendance center, and to approve all fund-raising | ||||||
17 | activities by nonschool
organizations that use the school | ||||||
18 | building.
| ||||||
19 | 16. (Blank).
| ||||||
20 | 17. Names and addresses of local school council members | ||||||
21 | shall
be a matter of public record.
| ||||||
22 | (Source: P.A. 96-1403, eff. 7-29-10.)
| ||||||
23 | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| ||||||
24 | Sec. 34-18. Powers of the board. The board shall exercise | ||||||
25 | general
supervision and jurisdiction over the public education |
| |||||||
| |||||||
1 | and the public
school system of the city, and, except as | ||||||
2 | otherwise provided by this
Article, shall have power:
| ||||||
3 | 1. To make suitable provision for the establishment and | ||||||
4 | maintenance
throughout the year or for such portion thereof | ||||||
5 | as it may direct, not
less than 9 months, of schools of all | ||||||
6 | grades and kinds, including normal
schools, high schools, | ||||||
7 | night schools, schools for defectives and
delinquents, | ||||||
8 | parental and truant schools, schools for the blind, the
| ||||||
9 | deaf and persons with physical disabilities, schools or | ||||||
10 | classes in manual training,
constructural and vocational | ||||||
11 | teaching, domestic arts and physical
culture, vocation and | ||||||
12 | extension schools and lecture courses, and all
other | ||||||
13 | educational courses and facilities, including | ||||||
14 | establishing,
equipping, maintaining and operating | ||||||
15 | playgrounds and recreational
programs, when such programs | ||||||
16 | are conducted in, adjacent to, or connected
with any public | ||||||
17 | school under the general supervision and jurisdiction
of | ||||||
18 | the board; provided that the calendar for the school term | ||||||
19 | and any changes must be submitted to and approved by the | ||||||
20 | State Board of Education before the calendar or changes may | ||||||
21 | take effect, and provided that in allocating funds
from | ||||||
22 | year to year for the operation of all attendance centers | ||||||
23 | within the
district, the board shall ensure that | ||||||
24 | supplemental general State aid or supplemental grant funds
| ||||||
25 | are allocated and applied in accordance with Section 18-8 , | ||||||
26 | or 18-8.05 , or 18-8.15 . To
admit to such
schools without |
| |||||||
| |||||||
1 | charge foreign exchange students who are participants in
an | ||||||
2 | organized exchange student program which is authorized by | ||||||
3 | the board.
The board shall permit all students to enroll in | ||||||
4 | apprenticeship programs
in trade schools operated by the | ||||||
5 | board, whether those programs are
union-sponsored or not. | ||||||
6 | No student shall be refused admission into or
be excluded | ||||||
7 | from any course of instruction offered in the common | ||||||
8 | schools
by reason of that student's sex. No student shall | ||||||
9 | be denied equal
access to physical education and | ||||||
10 | interscholastic athletic programs
supported from school | ||||||
11 | district funds or denied participation in
comparable | ||||||
12 | physical education and athletic programs solely by reason | ||||||
13 | of
the student's sex. Equal access to programs supported | ||||||
14 | from school
district funds and comparable programs will be | ||||||
15 | defined in rules
promulgated by the State Board of | ||||||
16 | Education in
consultation with the Illinois High School | ||||||
17 | Association.
Notwithstanding any other provision of this | ||||||
18 | Article, neither the board
of education nor any local | ||||||
19 | school council or other school official shall
recommend | ||||||
20 | that children with disabilities be placed into regular | ||||||
21 | education
classrooms unless those children with | ||||||
22 | disabilities are provided with
supplementary services to | ||||||
23 | assist them so that they benefit from the regular
classroom | ||||||
24 | instruction and are included on the teacher's regular | ||||||
25 | education
class register;
| ||||||
26 | 2. To furnish lunches to pupils, to make a reasonable |
| |||||||
| |||||||
1 | charge
therefor, and to use school funds for the payment of | ||||||
2 | such expenses as
the board may determine are necessary in | ||||||
3 | conducting the school lunch
program;
| ||||||
4 | 3. To co-operate with the circuit court;
| ||||||
5 | 4. To make arrangements with the public or quasi-public | ||||||
6 | libraries
and museums for the use of their facilities by | ||||||
7 | teachers and pupils of
the public schools;
| ||||||
8 | 5. To employ dentists and prescribe their duties for | ||||||
9 | the purpose of
treating the pupils in the schools, but | ||||||
10 | accepting such treatment shall
be optional with parents or | ||||||
11 | guardians;
| ||||||
12 | 6. To grant the use of assembly halls and classrooms | ||||||
13 | when not
otherwise needed, including light, heat, and | ||||||
14 | attendants, for free public
lectures, concerts, and other | ||||||
15 | educational and social interests, free of
charge, under | ||||||
16 | such provisions and control as the principal of the
| ||||||
17 | affected attendance center may prescribe;
| ||||||
18 | 7. To apportion the pupils to the several schools; | ||||||
19 | provided that no pupil
shall be excluded from or segregated | ||||||
20 | in any such school on account of his
color, race, sex, or | ||||||
21 | nationality. The board shall take into consideration
the | ||||||
22 | prevention of segregation and the elimination of | ||||||
23 | separation of children
in public schools because of color, | ||||||
24 | race, sex, or nationality. Except that
children may be | ||||||
25 | committed to or attend parental and social adjustment | ||||||
26 | schools
established and maintained either for boys or girls |
| |||||||
| |||||||
1 | only. All records
pertaining to the creation, alteration or | ||||||
2 | revision of attendance areas shall
be open to the public. | ||||||
3 | Nothing herein shall limit the board's authority to
| ||||||
4 | establish multi-area attendance centers or other student | ||||||
5 | assignment systems
for desegregation purposes or | ||||||
6 | otherwise, and to apportion the pupils to the
several | ||||||
7 | schools. Furthermore, beginning in school year 1994-95, | ||||||
8 | pursuant
to a board plan adopted by October 1, 1993, the | ||||||
9 | board shall offer, commencing
on a phased-in basis, the | ||||||
10 | opportunity for families within the school
district to | ||||||
11 | apply for enrollment of their children in any attendance | ||||||
12 | center
within the school district which does not have | ||||||
13 | selective admission
requirements approved by the board. | ||||||
14 | The appropriate geographical area in
which such open | ||||||
15 | enrollment may be exercised shall be determined by the
| ||||||
16 | board of education. Such children may be admitted to any | ||||||
17 | such attendance
center on a space available basis after all | ||||||
18 | children residing within such
attendance center's area | ||||||
19 | have been accommodated. If the number of
applicants from | ||||||
20 | outside the attendance area exceed the space available,
| ||||||
21 | then successful applicants shall be selected by lottery. | ||||||
22 | The board of
education's open enrollment plan must include | ||||||
23 | provisions that allow low
income students to have access to | ||||||
24 | transportation needed to exercise school
choice. Open | ||||||
25 | enrollment shall be in compliance with the provisions of | ||||||
26 | the
Consent Decree and Desegregation Plan cited in Section |
| |||||||
| |||||||
1 | 34-1.01;
| ||||||
2 | 8. To approve programs and policies for providing | ||||||
3 | transportation
services to students. Nothing herein shall | ||||||
4 | be construed to permit or empower
the State Board of | ||||||
5 | Education to order, mandate, or require busing or other
| ||||||
6 | transportation of pupils for the purpose of achieving | ||||||
7 | racial balance in any
school;
| ||||||
8 | 9. Subject to the limitations in this Article, to | ||||||
9 | establish and
approve system-wide curriculum objectives | ||||||
10 | and standards, including graduation
standards, which | ||||||
11 | reflect the
multi-cultural diversity in the city and are | ||||||
12 | consistent with State law,
provided that for all purposes | ||||||
13 | of this Article courses or
proficiency in American Sign | ||||||
14 | Language shall be deemed to constitute courses
or | ||||||
15 | proficiency in a foreign language; and to employ principals | ||||||
16 | and teachers,
appointed as provided in this
Article, and | ||||||
17 | fix their compensation. The board shall prepare such | ||||||
18 | reports
related to minimal competency testing as may be | ||||||
19 | requested by the State
Board of Education, and in addition | ||||||
20 | shall monitor and approve special
education and bilingual | ||||||
21 | education programs and policies within the district to
| ||||||
22 | assure that appropriate services are provided in | ||||||
23 | accordance with applicable
State and federal laws to | ||||||
24 | children requiring services and education in those
areas;
| ||||||
25 | 10. To employ non-teaching personnel or utilize | ||||||
26 | volunteer personnel
for: (i) non-teaching duties not |
| |||||||
| |||||||
1 | requiring instructional judgment or
evaluation of pupils, | ||||||
2 | including library duties; and (ii) supervising study
| ||||||
3 | halls, long distance teaching reception areas used | ||||||
4 | incident to instructional
programs transmitted by | ||||||
5 | electronic media such as computers, video, and audio,
| ||||||
6 | detention and discipline areas, and school-sponsored | ||||||
7 | extracurricular
activities. The board may further utilize | ||||||
8 | volunteer non-certificated
personnel or employ | ||||||
9 | non-certificated personnel to
assist in the instruction of | ||||||
10 | pupils under the immediate supervision of a
teacher holding | ||||||
11 | a valid certificate, directly engaged in teaching
subject | ||||||
12 | matter or conducting activities; provided that the teacher
| ||||||
13 | shall be continuously aware of the non-certificated | ||||||
14 | persons' activities and
shall be able to control or modify | ||||||
15 | them. The general superintendent shall
determine | ||||||
16 | qualifications of such personnel and shall prescribe rules | ||||||
17 | for
determining the duties and activities to be assigned to | ||||||
18 | such personnel;
| ||||||
19 | 10.5. To utilize volunteer personnel from a regional | ||||||
20 | School Crisis
Assistance Team (S.C.A.T.), created as part | ||||||
21 | of the Safe to Learn Program
established pursuant to | ||||||
22 | Section 25 of the Illinois Violence Prevention Act
of 1995, | ||||||
23 | to provide assistance to schools in times of violence or | ||||||
24 | other
traumatic incidents within a school community by | ||||||
25 | providing crisis
intervention services to lessen the | ||||||
26 | effects of emotional trauma on
individuals and the |
| |||||||
| |||||||
1 | community; the School Crisis Assistance Team
Steering | ||||||
2 | Committee shall determine the qualifications for | ||||||
3 | volunteers;
| ||||||
4 | 11. To provide television studio facilities in not to | ||||||
5 | exceed one
school building and to provide programs for | ||||||
6 | educational purposes,
provided, however, that the board | ||||||
7 | shall not construct, acquire, operate,
or maintain a | ||||||
8 | television transmitter; to grant the use of its studio
| ||||||
9 | facilities to a licensed television station located in the | ||||||
10 | school
district; and to maintain and operate not to exceed | ||||||
11 | one school radio
transmitting station and provide programs | ||||||
12 | for educational purposes;
| ||||||
13 | 12. To offer, if deemed appropriate, outdoor education | ||||||
14 | courses,
including field trips within the State of | ||||||
15 | Illinois, or adjacent states,
and to use school educational | ||||||
16 | funds for the expense of the said outdoor
educational | ||||||
17 | programs, whether within the school district or not;
| ||||||
18 | 13. During that period of the calendar year not | ||||||
19 | embraced within the
regular school term, to provide and | ||||||
20 | conduct courses in subject matters
normally embraced in the | ||||||
21 | program of the schools during the regular
school term and | ||||||
22 | to give regular school credit for satisfactory
completion | ||||||
23 | by the student of such courses as may be approved for | ||||||
24 | credit
by the State Board of Education;
| ||||||
25 | 14. To insure against any loss or liability of the | ||||||
26 | board,
the former School Board Nominating Commission, |
| |||||||
| |||||||
1 | Local School Councils, the
Chicago Schools Academic | ||||||
2 | Accountability Council, or the former Subdistrict
Councils | ||||||
3 | or of any member, officer, agent or employee thereof, | ||||||
4 | resulting
from alleged violations of civil rights arising | ||||||
5 | from incidents occurring on
or after September 5, 1967 or | ||||||
6 | from the wrongful or negligent act or
omission of any such | ||||||
7 | person whether occurring within or without the school
| ||||||
8 | premises, provided the officer, agent or employee was, at | ||||||
9 | the time of the
alleged violation of civil rights or | ||||||
10 | wrongful act or omission, acting
within the scope of his | ||||||
11 | employment or under direction of the board, the
former | ||||||
12 | School
Board Nominating Commission, the Chicago Schools | ||||||
13 | Academic Accountability
Council, Local School Councils, or | ||||||
14 | the former Subdistrict Councils;
and to provide for or | ||||||
15 | participate in insurance plans for its officers and
| ||||||
16 | employees, including but not limited to retirement | ||||||
17 | annuities, medical,
surgical and hospitalization benefits | ||||||
18 | in such types and amounts as may be
determined by the | ||||||
19 | board; provided, however, that the board shall contract
for | ||||||
20 | such insurance only with an insurance company authorized to | ||||||
21 | do business
in this State. Such insurance may include | ||||||
22 | provision for employees who rely
on treatment by prayer or | ||||||
23 | spiritual means alone for healing, in accordance
with the | ||||||
24 | tenets and practice of a recognized religious | ||||||
25 | denomination;
| ||||||
26 | 15. To contract with the corporate authorities of any |
| |||||||
| |||||||
1 | municipality
or the county board of any county, as the case | ||||||
2 | may be, to provide for
the regulation of traffic in parking | ||||||
3 | areas of property used for school
purposes, in such manner | ||||||
4 | as is provided by Section 11-209 of The
Illinois Vehicle | ||||||
5 | Code, approved September 29, 1969, as amended;
| ||||||
6 | 16. (a) To provide, on an equal basis, access to a high
| ||||||
7 | school campus and student directory information to the
| ||||||
8 | official recruiting representatives of the armed forces of | ||||||
9 | Illinois and
the United States for the purposes of | ||||||
10 | informing students of the educational
and career | ||||||
11 | opportunities available in the military if the board has | ||||||
12 | provided
such access to persons or groups whose purpose is | ||||||
13 | to acquaint students with
educational or occupational | ||||||
14 | opportunities available to them. The board
is not required | ||||||
15 | to give greater notice regarding the right of access to
| ||||||
16 | recruiting representatives than is given to other persons | ||||||
17 | and groups. In
this paragraph 16, "directory information" | ||||||
18 | means a high school
student's name, address, and telephone | ||||||
19 | number.
| ||||||
20 | (b) If a student or his or her parent or guardian | ||||||
21 | submits a signed,
written request to the high school before | ||||||
22 | the end of the student's sophomore
year (or if the student | ||||||
23 | is a transfer student, by another time set by
the high | ||||||
24 | school) that indicates that the student or his or her | ||||||
25 | parent or
guardian does
not want the student's directory | ||||||
26 | information to be provided to official
recruiting |
| |||||||
| |||||||
1 | representatives under subsection (a) of this Section, the | ||||||
2 | high
school may not provide access to the student's | ||||||
3 | directory information to
these recruiting representatives. | ||||||
4 | The high school shall notify its
students and their parents | ||||||
5 | or guardians of the provisions of this
subsection (b).
| ||||||
6 | (c) A high school may require official recruiting | ||||||
7 | representatives of
the armed forces of Illinois and the | ||||||
8 | United States to pay a fee for copying
and mailing a | ||||||
9 | student's directory information in an amount that is not
| ||||||
10 | more than the actual costs incurred by the high school.
| ||||||
11 | (d) Information received by an official recruiting | ||||||
12 | representative
under this Section may be used only to | ||||||
13 | provide information to students
concerning educational and | ||||||
14 | career opportunities available in the military
and may not | ||||||
15 | be released to a person who is not involved in recruiting
| ||||||
16 | students for the armed forces of Illinois or the United | ||||||
17 | States;
| ||||||
18 | 17. (a) To sell or market any computer program | ||||||
19 | developed by an employee
of the school district, provided | ||||||
20 | that such employee developed the computer
program as a | ||||||
21 | direct result of his or her duties with the school district
| ||||||
22 | or through the utilization of the school district resources | ||||||
23 | or facilities.
The employee who developed the computer | ||||||
24 | program shall be entitled to share
in the proceeds of such | ||||||
25 | sale or marketing of the computer program. The
distribution | ||||||
26 | of such proceeds between the employee and the school |
| |||||||
| |||||||
1 | district
shall be as agreed upon by the employee and the | ||||||
2 | school district, except
that neither the employee nor the | ||||||
3 | school district may receive more than 90%
of such proceeds. | ||||||
4 | The negotiation for an employee who is represented by an
| ||||||
5 | exclusive bargaining representative may be conducted by | ||||||
6 | such bargaining
representative at the employee's request.
| ||||||
7 | (b) For the purpose of this paragraph 17:
| ||||||
8 | (1) "Computer" means an internally programmed, | ||||||
9 | general purpose digital
device capable of | ||||||
10 | automatically accepting data, processing data and | ||||||
11 | supplying
the results of the operation.
| ||||||
12 | (2) "Computer program" means a series of coded | ||||||
13 | instructions or
statements in a form acceptable to a | ||||||
14 | computer, which causes the computer to
process data in | ||||||
15 | order to achieve a certain result.
| ||||||
16 | (3) "Proceeds" means profits derived from | ||||||
17 | marketing or sale of a product
after deducting the | ||||||
18 | expenses of developing and marketing such product;
| ||||||
19 | 18. To delegate to the general superintendent of
| ||||||
20 | schools, by resolution, the authority to approve contracts | ||||||
21 | and expenditures
in amounts of $10,000 or less;
| ||||||
22 | 19. Upon the written request of an employee, to | ||||||
23 | withhold from
the compensation of that employee any dues, | ||||||
24 | payments or contributions
payable by such employee to any | ||||||
25 | labor organization as defined in the
Illinois Educational | ||||||
26 | Labor Relations Act. Under such arrangement, an
amount |
| |||||||
| |||||||
1 | shall be withheld from each regular payroll period which is | ||||||
2 | equal to
the pro rata share of the annual dues plus any | ||||||
3 | payments or contributions,
and the board shall transmit | ||||||
4 | such withholdings to the specified labor
organization | ||||||
5 | within 10 working days from the time of the withholding;
| ||||||
6 | 19a. Upon receipt of notice from the comptroller of a | ||||||
7 | municipality with
a population of 500,000 or more, a county | ||||||
8 | with a population of 3,000,000 or
more, the Cook County | ||||||
9 | Forest Preserve District, the Chicago Park District, the
| ||||||
10 | Metropolitan Water Reclamation District, the Chicago | ||||||
11 | Transit Authority, or
a housing authority of a municipality | ||||||
12 | with a population of 500,000 or more
that a debt is due and | ||||||
13 | owing the municipality, the county, the Cook County
Forest | ||||||
14 | Preserve District, the Chicago Park District, the | ||||||
15 | Metropolitan Water
Reclamation District, the Chicago | ||||||
16 | Transit Authority, or the housing authority
by an employee | ||||||
17 | of the Chicago Board of Education, to withhold, from the
| ||||||
18 | compensation of that employee, the amount of the debt that | ||||||
19 | is due and owing
and pay the amount withheld to the | ||||||
20 | municipality, the county, the Cook County
Forest Preserve | ||||||
21 | District, the Chicago Park District, the Metropolitan | ||||||
22 | Water
Reclamation District, the Chicago Transit Authority, | ||||||
23 | or the housing authority;
provided, however, that the | ||||||
24 | amount
deducted from any one salary or wage payment shall | ||||||
25 | not exceed 25% of the net
amount of the payment. Before the | ||||||
26 | Board deducts any amount from any salary or
wage of an |
| |||||||
| |||||||
1 | employee under this paragraph, the municipality, the | ||||||
2 | county, the
Cook County Forest Preserve District, the | ||||||
3 | Chicago Park District, the
Metropolitan Water Reclamation | ||||||
4 | District, the Chicago Transit Authority, or the
housing | ||||||
5 | authority shall certify that (i) the employee has been | ||||||
6 | afforded an
opportunity for a hearing to dispute the debt | ||||||
7 | that is due and owing the
municipality, the county, the | ||||||
8 | Cook County Forest Preserve District, the Chicago
Park | ||||||
9 | District, the Metropolitan Water Reclamation District, the | ||||||
10 | Chicago Transit
Authority, or the housing authority and | ||||||
11 | (ii) the employee has received notice
of a wage deduction | ||||||
12 | order and has been afforded an opportunity for a hearing to
| ||||||
13 | object to the order. For purposes of this paragraph, "net | ||||||
14 | amount" means that
part of the salary or wage payment | ||||||
15 | remaining after the deduction of any amounts
required by | ||||||
16 | law to be deducted and "debt due and owing" means (i) a | ||||||
17 | specified
sum of money owed to the municipality, the | ||||||
18 | county, the Cook County Forest
Preserve District, the | ||||||
19 | Chicago Park District, the Metropolitan Water
Reclamation | ||||||
20 | District, the Chicago Transit Authority, or the housing | ||||||
21 | authority
for services, work, or goods, after the period | ||||||
22 | granted for payment has expired,
or (ii) a specified sum of | ||||||
23 | money owed to the municipality, the county, the Cook
County | ||||||
24 | Forest Preserve District, the Chicago Park District, the | ||||||
25 | Metropolitan
Water Reclamation District, the Chicago | ||||||
26 | Transit Authority, or the housing
authority pursuant to a |
| |||||||
| |||||||
1 | court order or order of an administrative hearing
officer | ||||||
2 | after the exhaustion of, or the failure to exhaust, | ||||||
3 | judicial review;
| ||||||
4 | 20. The board is encouraged to employ a sufficient | ||||||
5 | number of
certified school counselors to maintain a | ||||||
6 | student/counselor ratio of 250 to
1 by July 1, 1990. Each | ||||||
7 | counselor shall spend at least 75% of his work
time in | ||||||
8 | direct contact with students and shall maintain a record of | ||||||
9 | such time;
| ||||||
10 | 21. To make available to students vocational and career
| ||||||
11 | counseling and to establish 5 special career counseling | ||||||
12 | days for students
and parents. On these days | ||||||
13 | representatives of local businesses and
industries shall | ||||||
14 | be invited to the school campus and shall inform students
| ||||||
15 | of career opportunities available to them in the various | ||||||
16 | businesses and
industries. Special consideration shall be | ||||||
17 | given to counseling minority
students as to career | ||||||
18 | opportunities available to them in various fields.
For the | ||||||
19 | purposes of this paragraph, minority student means a person | ||||||
20 | who is any of the following:
| ||||||
21 | (a) American Indian or Alaska Native (a person having | ||||||
22 | origins in any of the original peoples of North and South | ||||||
23 | America, including Central America, and who maintains | ||||||
24 | tribal affiliation or community attachment). | ||||||
25 | (b) Asian (a person having origins in any of the | ||||||
26 | original peoples of the Far East, Southeast Asia, or the |
| |||||||
| |||||||
1 | Indian subcontinent, including, but not limited to, | ||||||
2 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
3 | the Philippine Islands, Thailand, and Vietnam). | ||||||
4 | (c) Black or African American (a person having origins | ||||||
5 | in any of the black racial groups of Africa). Terms such as | ||||||
6 | "Haitian" or "Negro" can be used in addition to "Black or | ||||||
7 | African American". | ||||||
8 | (d) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
9 | Puerto Rican, South or Central American, or other Spanish | ||||||
10 | culture or origin, regardless of race). | ||||||
11 | (e) Native Hawaiian or Other Pacific Islander (a person | ||||||
12 | having origins in any of the original peoples of Hawaii, | ||||||
13 | Guam, Samoa, or other Pacific Islands).
| ||||||
14 | Counseling days shall not be in lieu of regular school | ||||||
15 | days;
| ||||||
16 | 22. To report to the State Board of Education the | ||||||
17 | annual
student dropout rate and number of students who | ||||||
18 | graduate from, transfer
from or otherwise leave bilingual | ||||||
19 | programs;
| ||||||
20 | 23. Except as otherwise provided in the Abused and | ||||||
21 | Neglected Child
Reporting Act or other applicable State or | ||||||
22 | federal law, to permit school
officials to withhold, from | ||||||
23 | any person, information on the whereabouts of
any child | ||||||
24 | removed from school premises when the child has been taken | ||||||
25 | into
protective custody as a victim of suspected child | ||||||
26 | abuse. School officials
shall direct such person to the |
| |||||||
| |||||||
1 | Department of Children and Family Services,
or to the local | ||||||
2 | law enforcement agency if appropriate;
| ||||||
3 | 24. To develop a policy, based on the current state of | ||||||
4 | existing school
facilities, projected enrollment and | ||||||
5 | efficient utilization of available
resources, for capital | ||||||
6 | improvement of schools and school buildings within
the | ||||||
7 | district, addressing in that policy both the relative | ||||||
8 | priority for
major repairs, renovations and additions to | ||||||
9 | school facilities, and the
advisability or necessity of | ||||||
10 | building new school facilities or closing
existing schools | ||||||
11 | to meet current or projected demographic patterns within
| ||||||
12 | the district;
| ||||||
13 | 25. To make available to the students in every high | ||||||
14 | school attendance
center the ability to take all courses | ||||||
15 | necessary to comply with the Board
of Higher Education's | ||||||
16 | college entrance criteria effective in 1993;
| ||||||
17 | 26. To encourage mid-career changes into the teaching | ||||||
18 | profession,
whereby qualified professionals become | ||||||
19 | certified teachers, by allowing
credit for professional | ||||||
20 | employment in related fields when determining point
of | ||||||
21 | entry on teacher pay scale;
| ||||||
22 | 27. To provide or contract out training programs for | ||||||
23 | administrative
personnel and principals with revised or | ||||||
24 | expanded duties pursuant to this
Act in order to assure | ||||||
25 | they have the knowledge and skills to perform
their duties;
| ||||||
26 | 28. To establish a fund for the prioritized special |
| |||||||
| |||||||
1 | needs programs, and
to allocate such funds and other lump | ||||||
2 | sum amounts to each attendance center
in a manner | ||||||
3 | consistent with the provisions of part 4 of Section 34-2.3.
| ||||||
4 | Nothing in this paragraph shall be construed to require any | ||||||
5 | additional
appropriations of State funds for this purpose;
| ||||||
6 | 29. (Blank);
| ||||||
7 | 30. Notwithstanding any other provision of this Act or | ||||||
8 | any other law to
the contrary, to contract with third | ||||||
9 | parties for services otherwise performed
by employees, | ||||||
10 | including those in a bargaining unit, and to layoff those
| ||||||
11 | employees upon 14 days written notice to the affected | ||||||
12 | employees. Those
contracts may be for a period not to | ||||||
13 | exceed 5 years and may be awarded on a
system-wide basis. | ||||||
14 | The board may not operate more than 30 contract schools, | ||||||
15 | provided that the board may operate an additional 5 | ||||||
16 | contract turnaround schools pursuant to item (5.5) of | ||||||
17 | subsection (d) of Section 34-8.3 of this Code;
| ||||||
18 | 31. To promulgate rules establishing procedures | ||||||
19 | governing the layoff or
reduction in force of employees and | ||||||
20 | the recall of such employees, including,
but not limited | ||||||
21 | to, criteria for such layoffs, reductions in force or | ||||||
22 | recall
rights of such employees and the weight to be given | ||||||
23 | to any particular
criterion. Such criteria shall take into | ||||||
24 | account factors including, but not be
limited to, | ||||||
25 | qualifications, certifications, experience, performance | ||||||
26 | ratings or
evaluations, and any other factors relating to |
| |||||||
| |||||||
1 | an employee's job performance;
| ||||||
2 | 32. To develop a policy to prevent nepotism in the | ||||||
3 | hiring of personnel
or the selection of contractors;
| ||||||
4 | 33. To enter into a partnership agreement, as required | ||||||
5 | by
Section 34-3.5 of this Code, and, notwithstanding any | ||||||
6 | other
provision of law to the contrary, to promulgate | ||||||
7 | policies, enter into
contracts, and take any other action | ||||||
8 | necessary to accomplish the
objectives and implement the | ||||||
9 | requirements of that agreement; and
| ||||||
10 | 34. To establish a Labor Management Council to the | ||||||
11 | board
comprised of representatives of the board, the chief | ||||||
12 | executive
officer, and those labor organizations that are | ||||||
13 | the exclusive
representatives of employees of the board and | ||||||
14 | to promulgate
policies and procedures for the operation of | ||||||
15 | the Council.
| ||||||
16 | The specifications of the powers herein granted are not to | ||||||
17 | be
construed as exclusive but the board shall also exercise all | ||||||
18 | other
powers that they may be requisite or proper for the | ||||||
19 | maintenance and the
development of a public school system, not | ||||||
20 | inconsistent with the other
provisions of this Article or | ||||||
21 | provisions of this Code which apply to all
school districts.
| ||||||
22 | In addition to the powers herein granted and authorized to | ||||||
23 | be exercised
by the board, it shall be the duty of the board to | ||||||
24 | review or to direct
independent reviews of special education | ||||||
25 | expenditures and services.
The board shall file a report of | ||||||
26 | such review with the General Assembly on
or before May 1, 1990.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
2 | (105 ILCS 5/34-18.30)
| ||||||
3 | Sec. 34-18.30. Dependents of military personnel; no | ||||||
4 | tuition charge. If, at the time of enrollment, a dependent of | ||||||
5 | United States military personnel is housed in temporary housing | ||||||
6 | located outside of the school district, but will be living | ||||||
7 | within the district within 60 days after the time of initial | ||||||
8 | enrollment, the dependent must be allowed to enroll, subject to | ||||||
9 | the requirements of this Section, and must not be charged | ||||||
10 | tuition. Any United States military personnel attempting to | ||||||
11 | enroll a dependent under this Section shall provide proof that | ||||||
12 | the dependent will be living within the district within 60 days | ||||||
13 | after the time of initial enrollment. Proof of residency may | ||||||
14 | include, but is not limited to, postmarked mail addressed to | ||||||
15 | the military personnel and sent to an address located within | ||||||
16 | the district, a lease agreement for occupancy of a residence | ||||||
17 | located within the district, or proof of ownership of a | ||||||
18 | residence located within the district. Non-resident dependents | ||||||
19 | of United States military personnel attending school on a | ||||||
20 | tuition-free basis may be counted for the purposes
of | ||||||
21 | determining the apportionment of State aid provided under | ||||||
22 | Section 18-8.05 or 18-8.15 of this Code.
| ||||||
23 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
24 | (105 ILCS 5/34-43.1) (from Ch. 122, par. 34-43.1)
|
| |||||||
| |||||||
1 | Sec. 34-43.1. (A) Limitation of noninstructional costs. It | ||||||
2 | is the
purpose of this Section to establish for the Board of | ||||||
3 | Education and the
general superintendent of schools | ||||||
4 | requirements and standards which maximize
the proportion of | ||||||
5 | school district resources in direct support of
educational, | ||||||
6 | program, and building maintenance and safety services for the
| ||||||
7 | pupils of the district, and which correspondingly minimize the | ||||||
8 | amount and
proportion of such resources associated with | ||||||
9 | centralized administration,
administrative support services, | ||||||
10 | and other noninstructional services.
| ||||||
11 | For the 1989-90 school year and for all subsequent school | ||||||
12 | years, the Board
of Education shall undertake budgetary and | ||||||
13 | expenditure control actions which
limit the administrative | ||||||
14 | expenditures of the Board of Education to levels,
as provided | ||||||
15 | for in this Section, which represent an average of the
| ||||||
16 | administrative expenses of all school districts in this State | ||||||
17 | not subject
to Article 34.
| ||||||
18 | (B) Certification of expenses by the State Superintendent | ||||||
19 | of Education.
The State Superintendent of Education shall | ||||||
20 | annually certify, on or before
May 1, to the Board of Education | ||||||
21 | and the School Finance Authority, for the
applicable school | ||||||
22 | year, the following information:
| ||||||
23 | (1) the annual expenditures of all school districts of | ||||||
24 | the State not
subject to Article 34 properly attributable | ||||||
25 | to expenditure functions
defined by the rules and | ||||||
26 | regulations of the State Board of Education as:
2210 |
| |||||||
| |||||||
1 | (Improvement of Instructional Services); 2300 (Support | ||||||
2 | Services -
General Administration) excluding, however, | ||||||
3 | 2320 (Executive Administrative
Services); 2490 (Other | ||||||
4 | Support Services - School Administration); 2500
(Support | ||||||
5 | Services - Business); 2600 (Support Services - Central);
| ||||||
6 | (2) the total annual expenditures of all school | ||||||
7 | districts not subject to
Article 34 attributable to the | ||||||
8 | Education Fund, the Operations, Building and
Maintenance | ||||||
9 | Fund, the Transportation Fund and the Illinois Municipal
| ||||||
10 | Retirement Fund of the several districts, as defined by the | ||||||
11 | rules and
regulations of the State Board of Education; and
| ||||||
12 | (3) a ratio, to be called the statewide average of | ||||||
13 | administrative
expenditures, derived by dividing the | ||||||
14 | expenditures certified pursuant to
paragraph (B)(1) by the | ||||||
15 | expenditures certified pursuant to paragraph (B)(2).
| ||||||
16 | For purposes of the annual certification of expenditures | ||||||
17 | and ratios
required by this Section, the "applicable year" of | ||||||
18 | certification shall
initially be the 1986-87 school year and, | ||||||
19 | in sequent years, each
succeeding school year.
| ||||||
20 | The State Superintendent of Education shall consult with | ||||||
21 | the Board of
Education to ascertain whether particular | ||||||
22 | expenditure items allocable to
the administrative functions | ||||||
23 | enumerated in paragraph (B)(1) are
appropriately or | ||||||
24 | necessarily higher in the applicable school district than
in | ||||||
25 | the rest of the State due to noncomparable factors. The State
| ||||||
26 | Superintendent shall also review the relevant cost proportions |
| |||||||
| |||||||
1 | in other
large urban school districts. The State Superintendent | ||||||
2 | shall also review
the expenditure categories in paragraph | ||||||
3 | (B)(1) to ascertain whether they
contain school-level | ||||||
4 | expenses. If he or she finds that adjustments to the
formula | ||||||
5 | are appropriate or necessary to establish a more fair and
| ||||||
6 | comparable standard for administrative cost for the Board of | ||||||
7 | Education or
to exclude school-level expenses, the State | ||||||
8 | Superintendent shall recommend
to the School Finance Authority | ||||||
9 | rules and regulations adjusting particular
subcategories in | ||||||
10 | this subsection (B) or adjusting certain costs in
determining | ||||||
11 | the budget and expenditure items properly attributable to the
| ||||||
12 | functions or otherwise adjust the formula.
| ||||||
13 | (C) Administrative expenditure limitations. The annual | ||||||
14 | budget of the
Board of Education, as adopted and implemented, | ||||||
15 | and the
related annual expenditures for the school year, shall | ||||||
16 | reflect a limitation
on administrative outlays as required by | ||||||
17 | the following provisions, taking
into account any adjustments | ||||||
18 | established by the State Superintendent of
Education: (1) the | ||||||
19 | budget and expenditures of the Board of Education for
the | ||||||
20 | 1989-90 school year shall reflect a ratio of administrative
| ||||||
21 | expenditures to total expenditures equal to or less than the | ||||||
22 | statewide
average of administrative expenditures for the | ||||||
23 | 1986-87 school year as
certified by the State Superintendent of | ||||||
24 | Education pursuant to paragraph
(B)(3); (2) for the 1990-91 | ||||||
25 | school year and for all subsequent school
years, the budget and | ||||||
26 | expenditures of the Board of Education shall reflect
a ratio of |
| |||||||
| |||||||
1 | administrative expenditures to total expenditures equal to or
| ||||||
2 | less than the statewide average of administrative expenditures | ||||||
3 | certified by
the State Superintendent of Education for the | ||||||
4 | applicable year pursuant to
paragraph (B)(3); (3) if for any | ||||||
5 | school year the budget of the Board of
Education reflects a | ||||||
6 | ratio of administrative expenditures to total
expenditures | ||||||
7 | which exceeds the applicable statewide average, the Board of
| ||||||
8 | Education shall reduce expenditure items allocable to the | ||||||
9 | administrative
functions enumerated in paragraph (B)(1) such | ||||||
10 | that the Board of Education's
ratio of administrative | ||||||
11 | expenditures to total expenditures is equal to or
less than the | ||||||
12 | applicable statewide average ratio.
| ||||||
13 | For purposes of this Section, the ratio of administrative | ||||||
14 | expenditures to
the total expenditures of the Board of | ||||||
15 | Education, as applied to the budget
of the Board of Education, | ||||||
16 | shall mean: the budgeted expenditure items of
the Board of | ||||||
17 | Education properly attributable to the expenditure functions
| ||||||
18 | identified in paragraph (B)(1) divided by the total budgeted | ||||||
19 | expenditures of
the Board of Education properly attributable to | ||||||
20 | the Board of Education
funds corresponding to those funds | ||||||
21 | identified in paragraph (B)(2),
exclusive of any monies | ||||||
22 | budgeted for payment to the Public School Teachers'
Pension and | ||||||
23 | Retirement System, attributable to payments due from the
| ||||||
24 | General Funds of the State of Illinois.
| ||||||
25 | The annual expenditure of the Board of Education for 2320
| ||||||
26 | (Executive Administrative Services) for the 1989-90 school |
| |||||||
| |||||||
1 | year shall be no
greater than the 2320 expenditure for the | ||||||
2 | 1988-89 school year. The annual
expenditure of the Board of | ||||||
3 | Education for 2320 for the 1990-91 school year
and each | ||||||
4 | subsequent school year shall be no greater than the 2320
| ||||||
5 | expenditure for the immediately preceding school year or the | ||||||
6 | 1988-89 school
year, whichever is less. This annual expenditure | ||||||
7 | limitation may be
adjusted in each year in an amount not to | ||||||
8 | exceed any change effective
during the applicable school year | ||||||
9 | in salary to be paid under the collective
bargaining agreement | ||||||
10 | with instructional personnel to which the Board is a
party and | ||||||
11 | in benefit costs either required by law or such collective
| ||||||
12 | bargaining agreement.
| ||||||
13 | (D) Cost control measures. In undertaking actions to | ||||||
14 | control or reduce
expenditure items necessitated by the | ||||||
15 | administrative expenditure
limitations of this Section, the | ||||||
16 | Board of Education shall give priority
consideration to | ||||||
17 | reductions or cost controls with the least effect upon
direct | ||||||
18 | services to students or instructional services for pupils, and | ||||||
19 | upon
the safety and well-being of pupils, and, as applicable, | ||||||
20 | with the
particular costs or functions to which the Board of | ||||||
21 | Education is higher
than the statewide average.
| ||||||
22 | For purposes of assuring that the cost control priorities | ||||||
23 | of this
subsection (D) are met, the State Superintendent of | ||||||
24 | Education shall, with
the assistance of the Board of Education, | ||||||
25 | review the cost allocation
practices of the Board of Education, | ||||||
26 | and the State Superintendent of
Education shall thereafter |
| |||||||
| |||||||
1 | recommend to the School Finance Authority rules
and regulations | ||||||
2 | which define administrative areas which most impact upon
the | ||||||
3 | direct and instructional needs of students and upon the safety | ||||||
4 | and
well-being of the pupils of the district. No position | ||||||
5 | closed shall be
reopened using State or federal categorical | ||||||
6 | funds.
| ||||||
7 | (E) Report of Audited Information. For the 1988-89 school | ||||||
8 | year and for
all subsequent school years, the Board of | ||||||
9 | Education shall file with the
State Board of Education the | ||||||
10 | Annual Financial Report and its audit, as
required by the rules | ||||||
11 | of the State Board of Education. Such reports shall
be filed no | ||||||
12 | later than February 15 following the end of the school year of
| ||||||
13 | the Board of Education, beginning with the report to be filed | ||||||
14 | no later
than February 15, 1990 for the 1988-89 school year.
| ||||||
15 | As part of the required Annual Financial Report, the Board | ||||||
16 | of Education
shall provide a detailed accounting of the central | ||||||
17 | level, district, bureau
and department costs and personnel | ||||||
18 | included within expenditure functions
included in paragraph | ||||||
19 | (B)(1). The nature and detail of the reporting
required for | ||||||
20 | these functions shall be prescribed by the State Board of
| ||||||
21 | Education in rules and regulations. A copy of this detailed | ||||||
22 | accounting
shall also be provided annually to the School | ||||||
23 | Finance Authority and the
public. This report shall contain a | ||||||
24 | reconciliation to the board of
education's adopted budget for | ||||||
25 | that fiscal year, specifically delineating
administrative | ||||||
26 | functions.
|
| |||||||
| |||||||
1 | If the information required under this Section is not | ||||||
2 | provided by the
Board of Education in a timely manner, or is | ||||||
3 | initially or subsequently
determined by the State | ||||||
4 | Superintendent of Education to be incomplete or
inaccurate, the | ||||||
5 | State Superintendent shall, in writing, notify the Board
of | ||||||
6 | Education of reporting deficiencies. The Board of Education | ||||||
7 | shall,
within 60 days of such notice, address the reporting | ||||||
8 | deficiencies
identified. If the State Superintendent of | ||||||
9 | Education does not receive
satisfactory response to these | ||||||
10 | reporting deficiencies within 60 days, the
next payment of | ||||||
11 | general State aid or evidence-based funding due the Board of | ||||||
12 | Education under Section
18-8 or Section 18-8.15, as applicable , | ||||||
13 | and all subsequent payments, shall be withheld by the State
| ||||||
14 | Superintendent of Education until the enumerated deficiencies | ||||||
15 | have
been addressed.
| ||||||
16 | Utilizing the Annual Financial Report, the State | ||||||
17 | Superintendent of
Education shall certify on or before May 1 to | ||||||
18 | the School Finance Authority
the Board of Education's ratio of | ||||||
19 | administrative expenditures to total
expenditures for the | ||||||
20 | 1988-89 school year and for each succeeding school
year. Such | ||||||
21 | certification shall indicate the extent to which the
| ||||||
22 | administrative expenditure ratio of the Board of Education | ||||||
23 | conformed to the
limitations required in subsection (C) of this | ||||||
24 | Section, taking into account
any adjustments of the limitations | ||||||
25 | which may have been recommended by the
State Superintendent of | ||||||
26 | Education to the School Finance Authority. In
deriving the |
| |||||||
| |||||||
1 | administrative expenditure ratio of the Chicago Board of
| ||||||
2 | Education, the State Superintendent of Education shall utilize | ||||||
3 | the
definition of this ratio prescribed in subsection (C) of | ||||||
4 | this Section,
except that the actual expenditures of the Board | ||||||
5 | of Education shall be
substituted for budgeted expenditure | ||||||
6 | items.
| ||||||
7 | (F) Approval and adjustments to administrative expenditure | ||||||
8 | limitations.
The School Finance Authority organized under | ||||||
9 | Article 34A shall monitor the
Board of Education's adherence to | ||||||
10 | the requirements of this Section. As
part of its responsibility | ||||||
11 | the School Finance Authority shall determine
whether the Board | ||||||
12 | of Education's budget for the next school year, and the
| ||||||
13 | expenditures for a prior school year, comply with the | ||||||
14 | limitation of
administrative expenditures required by this | ||||||
15 | Section. The Board of
Education and the State Board of | ||||||
16 | Education shall provide such information
as is required by the | ||||||
17 | School Finance Authority in order for the Authority
to | ||||||
18 | determine compliance with the provisions of this Section. If | ||||||
19 | the
Authority determines that the budget proposed by the Board | ||||||
20 | of Education
does not meet the cost control requirements of | ||||||
21 | this Section, the Board of
Education shall undertake budgetary | ||||||
22 | reductions, consistent with the
requirements of this Section, | ||||||
23 | to bring the proposed budget into compliance
with such cost | ||||||
24 | control limitations.
| ||||||
25 | If, in formulating cost control and cost reduction | ||||||
26 | alternatives, the
Board of Education believes that meeting the |
| |||||||
| |||||||
1 | cost control requirements of
this Section related to the budget | ||||||
2 | for the ensuing year would impair the
education, safety, or | ||||||
3 | well-being of the pupils of the school district, the
Board of | ||||||
4 | Education may request that the School Finance Authority make
| ||||||
5 | adjustments to the limitations required by this Section. The | ||||||
6 | Board of
Education shall specify the amount, nature, and | ||||||
7 | reasons for the relief
required and shall also identify cost | ||||||
8 | reductions which can be made in
expenditure functions not | ||||||
9 | enumerated in paragraph (B)(1), which would serve
the purposes | ||||||
10 | of this Section.
| ||||||
11 | The School Finance Authority shall consult with the State | ||||||
12 | Superintendent
of Education concerning the reasonableness from | ||||||
13 | an educational
administration perspective of the adjustments | ||||||
14 | sought by the Board of
Education. The School Finance Authority | ||||||
15 | shall provide an opportunity for
the public to comment upon the | ||||||
16 | reasonableness of the Board's request. If,
after such | ||||||
17 | consultation, the School Finance Authority determines that all
| ||||||
18 | or a portion of the adjustments sought by the Board of | ||||||
19 | Education are
reasonably appropriate or necessary, the | ||||||
20 | Authority may grant such relief
from the provisions of this | ||||||
21 | Section which the Authority deems appropriate.
Adjustments so | ||||||
22 | granted apply only to the specific school year for which
the | ||||||
23 | request was made.
| ||||||
24 | In the event that the School Finance Authority determines | ||||||
25 | that the Board
of Education has failed to achieve the required | ||||||
26 | administrative expenditure
limitations for a prior school |
| |||||||
| |||||||
1 | year, or if the Authority determines that
the Board of | ||||||
2 | Education has not met the requirements of subsection (F), the
| ||||||
3 | Authority shall make recommendations to the Board of Education | ||||||
4 | concerning
appropriate corrective actions. If the Board of | ||||||
5 | Education fails to
provide adequate assurance to the Authority | ||||||
6 | that appropriate corrective
actions have been or will be taken, | ||||||
7 | the Authority may, within 60 days
thereafter, require the board | ||||||
8 | to adjust its current budget to correct for
the prior year's | ||||||
9 | shortage or may recommend to the members of the General
| ||||||
10 | Assembly and the Governor such sanctions or remedial actions as | ||||||
11 | will serve
to deter any further such failures on the part of | ||||||
12 | the Board of Education.
| ||||||
13 | To assist the Authority in its monitoring | ||||||
14 | responsibilities, the Board of
Education shall provide such | ||||||
15 | reports and information as are from time to
time required by | ||||||
16 | the Authority.
| ||||||
17 | (G) Independent reviews of administrative expenditures. | ||||||
18 | The School
Finance Authority may direct independent reviews of | ||||||
19 | the administrative and
administrative support expenditures and | ||||||
20 | services and other
non-instructional expenditure functions of | ||||||
21 | the Board of Education. The
Board of Education shall afford | ||||||
22 | full cooperation to the School Finance
Authority in such review | ||||||
23 | activity. The purpose of such reviews shall be
to verify | ||||||
24 | specific targets for improved operating efficiencies of the | ||||||
25 | Board
of Education, to identify other areas of potential | ||||||
26 | efficiencies, and to
assure full and proper compliance by the |
| |||||||
| |||||||
1 | Board of Education with all
requirements of this Section.
| ||||||
2 | In the conduct of reviews under this subsection, the | ||||||
3 | Authority may
request the assistance and consultation of the | ||||||
4 | State Superintendent of
Education with regard to questions of | ||||||
5 | efficiency and effectiveness in
educational administration.
| ||||||
6 | (H) Reports to Governor and General Assembly. On or before | ||||||
7 | May 1, 1991
and no less frequently than yearly thereafter, the | ||||||
8 | School Finance Authority
shall provide to the Governor, the | ||||||
9 | State Board of Education, and the
members of the General | ||||||
10 | Assembly an annual report, as outlined in Section
34A-606, | ||||||
11 | which includes the following information: (1) documenting the
| ||||||
12 | compliance or non-compliance of the Board of Education with the
| ||||||
13 | requirements of this Section; (2) summarizing the costs, | ||||||
14 | findings, and
recommendations of any reviews directed by the | ||||||
15 | School Finance Authority,
and the response to such | ||||||
16 | recommendations made by the Board of Education;
and (3) | ||||||
17 | recommending sanctions or legislation necessary to fulfill the
| ||||||
18 | intent of this Section.
| ||||||
19 | (Source: P.A. 86-124; 86-1477.)
| ||||||
20 | Section 50. The Educational Opportunity for Military | ||||||
21 | Children Act is amended by changing Section 25 as follows: | ||||||
22 | (105 ILCS 70/25)
| ||||||
23 | Sec. 25. Tuition for children of active duty military | ||||||
24 | personnel who are transfer students. If a student who is a |
| |||||||
| |||||||
1 | child of active duty military personnel is (i) placed with a | ||||||
2 | non-custodial parent and (ii) as a result of placement, must | ||||||
3 | attend a non-resident school district, then the student must | ||||||
4 | not be charged the tuition of the school that the student | ||||||
5 | attends as a result of placement with the non-custodial parent | ||||||
6 | and the student must be counted in the calculation of average | ||||||
7 | daily attendance under Section 18-8.05 or 18-8.15 of the School | ||||||
8 | Code.
| ||||||
9 | (Source: P.A. 98-673, eff. 6-30-14.) | ||||||
10 | Section 60. The Childhood Hunger
Relief Act is amended by | ||||||
11 | changing Section 15 as follows: | ||||||
12 | (105 ILCS 126/15)
| ||||||
13 | Sec. 15. School breakfast program.
| ||||||
14 | (a) The board of education of each school district in
this | ||||||
15 | State shall implement and operate a school breakfast program in | ||||||
16 | the next school year, if a breakfast program
does not currently | ||||||
17 | exist, in accordance with
federal guidelines in each school | ||||||
18 | building within
its district in which at least 40% or more of | ||||||
19 | the
students are eligible for free or reduced-price lunches | ||||||
20 | based upon the current year's
October claim (for those schools | ||||||
21 | that participate in the National School Lunch Program) or in | ||||||
22 | which at least 40% or more of the students are classified as | ||||||
23 | low-income according to the Fall Housing Data from the previous | ||||||
24 | year (for those schools that do not participate in the National |
| |||||||
| |||||||
1 | School Lunch Program).
| ||||||
2 | (b) School districts may charge students who do not meet | ||||||
3 | federal
criteria for free school meals
for the breakfasts | ||||||
4 | served to these students within the allowable
limits set by | ||||||
5 | federal regulations.
| ||||||
6 | (c) School breakfast programs established under this | ||||||
7 | Section shall be
supported entirely by federal funds and | ||||||
8 | commodities, charges to students
and other participants, and | ||||||
9 | other available State and local resources,
including under the | ||||||
10 | School Breakfast and Lunch Program Act.
Allowable costs for | ||||||
11 | reimbursement to school districts, in accordance with the | ||||||
12 | United States Department of Agriculture, include compensation | ||||||
13 | of employees for the time devoted and identified specifically | ||||||
14 | to implement the school breakfast program; the cost of | ||||||
15 | materials acquired, consumed, or expended specifically to | ||||||
16 | implement the school breakfast program; equipment and other | ||||||
17 | approved capital expenditures necessary to implement the | ||||||
18 | school breakfast program; and transportation expenses incurred | ||||||
19 | specifically to implement and operate the school breakfast | ||||||
20 | program. | ||||||
21 | Notwithstanding anything to the contrary contained in this | ||||||
22 | Section, the State Board of Education shall award to a school | ||||||
23 | district having a population exceeding 500,000 inhabitants | ||||||
24 | 50.7% of the funds appropriated by the General Assembly for any | ||||||
25 | fiscal year for purposes of payment of claims under this | ||||||
26 | Section. |
| |||||||
| |||||||
1 | (d) A school district shall be allowed to opt out a school | ||||||
2 | or schools from the school breakfast program requirement of | ||||||
3 | this Section if it is determined that, due to circumstances | ||||||
4 | specific to that school district, the expense
reimbursement | ||||||
5 | would not fully cover the costs of implementing and operating a
| ||||||
6 | school breakfast program. The school district shall petition | ||||||
7 | its regional superintendent of schools by February 15 of each | ||||||
8 | year to request to be exempt
from operating the school | ||||||
9 | breakfast program in the school or schools in the next school | ||||||
10 | year. The petition shall include all legitimate costs | ||||||
11 | associated with implementing and operating a school breakfast | ||||||
12 | program, the estimated reimbursement from State and federal | ||||||
13 | sources, and any unique circumstances the school district can | ||||||
14 | verify that exist that would cause the implementation and | ||||||
15 | operation of such a program to be cost prohibitive. | ||||||
16 | The regional superintendent of schools shall review the | ||||||
17 | petition. In accordance with the Open Meetings Act, he or she | ||||||
18 | shall convene a public hearing to hear testimony from the | ||||||
19 | school district and interested community members. The regional | ||||||
20 | superintendent shall, by March 15 of each year, inform the | ||||||
21 | school district of his or her decision, along with the reasons | ||||||
22 | why the exemption was granted or denied, in writing. The | ||||||
23 | regional superintendent must also send notification to the | ||||||
24 | State Board of Education detailing which schools requested an | ||||||
25 | exemption and the results. If the regional superintendent | ||||||
26 | grants an exemption to the school district, then the school |
| |||||||
| |||||||
1 | district is relieved from the requirement to establish and | ||||||
2 | implement a school breakfast program in the school or schools | ||||||
3 | granted an exemption for the next school year. | ||||||
4 | If the regional superintendent of schools does not grant an | ||||||
5 | exemption, then the school district shall implement and operate | ||||||
6 | a school breakfast program in accordance with this Section by | ||||||
7 | the first student attendance day of the next school year. | ||||||
8 | However, the school district or a resident of the school | ||||||
9 | district may by April 15 appeal the decision of the regional | ||||||
10 | superintendent to the State Superintendent of Education. The | ||||||
11 | State Superintendent shall hear appeals on the decisions of | ||||||
12 | regional superintendents of schools no later than May 15 of | ||||||
13 | each year. The State Superintendent shall make a final decision | ||||||
14 | at the conclusion of the hearing on the school district's | ||||||
15 | request for an exemption from the school breakfast program | ||||||
16 | requirement. If the State Superintendent grants an exemption, | ||||||
17 | then the school district is relieved from the requirement to | ||||||
18 | implement and operate a school breakfast program in the school | ||||||
19 | or schools granted an exemption for the next school year. If | ||||||
20 | the State Superintendent does not grant an exemption, then the | ||||||
21 | school district shall implement and operate a school breakfast | ||||||
22 | program in accordance with this Section by the first student | ||||||
23 | attendance day of the next school year.
| ||||||
24 | A school district may not attempt to opt out a school or | ||||||
25 | schools from the school breakfast program requirement of this | ||||||
26 | Section by requesting a waiver under Section 2-3.25g of the |
| |||||||
| |||||||
1 | School Code.
| ||||||
2 | (Source: P.A. 96-158, eff. 8-7-09.) | ||||||
3 | Section 95. No acceleration or delay. Where this Act makes | ||||||
4 | changes in a statute that is represented in this Act by text | ||||||
5 | that is not yet or no longer in effect (for example, a Section | ||||||
6 | represented by multiple versions), the use of that text does | ||||||
7 | not accelerate or delay the taking effect of (i) the changes | ||||||
8 | made by this Act or (ii) provisions derived from any other | ||||||
9 | Public Act. | ||||||
10 | Section 97. Savings clause. Any repeal or amendment made by | ||||||
11 | this Act shall not affect or impair any of the following: suits | ||||||
12 | pending or rights existing at the time this Act takes effect; | ||||||
13 | any grant or conveyance made or right acquired or cause of | ||||||
14 | action now existing under any Section, Article, or Act repealed | ||||||
15 | or amended by this Act; the validity of any bonds or other | ||||||
16 | obligations issued or sold and constituting valid obligations | ||||||
17 | of the issuing authority at the time this Act takes effect; the | ||||||
18 | validity of any contract; the validity of any tax levied under | ||||||
19 | any law in effect prior to the effective date of this Act; or | ||||||
20 | any offense committed, act done, penalty, punishment, or | ||||||
21 | forfeiture incurred or any claim, right, power, or remedy | ||||||
22 | accrued under any law in effect prior to the effective date of | ||||||
23 | this Act.
| ||||||
24 | Section 99. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law. |