Rep. William Davis

Filed: 5/30/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1

2    AMENDMENT NO. ______. Amend Senate Bill 1 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the
5Evidence-Based Funding for Student Success Act.
 
6    Section 5. The Economic Development Area Tax Increment
7Allocation Act is amended by changing Section 7 as follows:
 
8    (20 ILCS 620/7)  (from Ch. 67 1/2, par. 1007)
9    Sec. 7. Creation of special tax allocation fund. If a
10municipality has adopted tax increment allocation financing
11for an economic development project area by ordinance, the
12county clerk has thereafter certified the "total initial
13equalized assessed value" of the taxable real property within
14such economic development project area in the manner provided
15in Section 6 of this Act, and the Department has approved and

 

 

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1certified the economic development project area, each year
2after the date of the certification by the county clerk of the
3"total initial equalized assessed value" until economic
4development project costs and all municipal obligations
5financing economic development project costs have been paid,
6the ad valorem taxes, if any, arising from the levies upon the
7taxable real property in the economic development project area
8by taxing districts and tax rates determined in the manner
9provided in subsection (b) of Section 6 of this Act shall be
10divided as follows:
11    (1) That portion of the taxes levied upon each taxable lot,
12block, tract or parcel of real property which is attributable
13to the lower of the current equalized assessed value or the
14initial equalized assessed value of each such taxable lot,
15block, tract, or parcel of real property existing at the time
16tax increment allocation financing was adopted, shall be
17allocated to and when collected shall be paid by the county
18collector to the respective affected taxing districts in the
19manner required by law in the absence of the adoption of tax
20increment allocation financing.
21    (2) That portion, if any, of those taxes which is
22attributable to the increase in the current equalized assessed
23valuation of each taxable lot, block, tract, or parcel of real
24property in the economic development project area, over and
25above the initial equalized assessed value of each property
26existing at the time tax increment allocation financing was

 

 

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1adopted, shall be allocated to and when collected shall be paid
2to the municipal treasurer, who shall deposit those taxes into
3a special fund called the special tax allocation fund of the
4municipality for the purpose of paying economic development
5project costs and obligations incurred in the payment thereof.
6    The municipality, by an ordinance adopting tax increment
7allocation financing, may pledge the funds in and to be
8deposited in the special tax allocation fund for the payment of
9obligations issued under this Act and for the payment of
10economic development project costs. No part of the current
11equalized assessed valuation of each property in the economic
12development project area attributable to any increase above the
13total initial equalized assessed value, of such properties
14shall be used in calculating the general State school aid
15formula, provided for in Section 18-8 of the School Code, or
16the evidence-based funding formula, provided for in Section
1718-8.15 of the School Code, until such time as all economic
18development projects costs have been paid as provided for in
19this Section.
20    When the economic development project costs, including
21without limitation all municipal obligations financing
22economic development project costs incurred under this Act,
23have been paid, all surplus funds then remaining in the special
24tax allocation fund shall be distributed by being paid by the
25municipal treasurer to the county collector, who shall
26immediately thereafter pay those funds to the taxing districts

 

 

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1having taxable property in the economic development project
2area in the same manner and proportion as the most recent
3distribution by the county collector to those taxing districts
4of real property taxes from real property in the economic
5development project area.
6    Upon the payment of all economic development project costs,
7retirement of obligations and the distribution of any excess
8monies pursuant to this Section the municipality shall adopt an
9ordinance dissolving the special tax allocation fund for the
10economic development project area, terminating the economic
11development project area, and terminating the use of tax
12increment allocation financing for the economic development
13project area. Thereafter the rates of the taxing districts
14shall be extended and taxes levied, collected and distributed
15in the manner applicable in the absence of the adoption of tax
16increment allocation financing.
17    Nothing in this Section shall be construed as relieving
18property in economic development project areas from being
19assessed as provided in the Property Tax Code, or as relieving
20owners of that property from paying a uniform rate of taxes, as
21required by Section 4 of Article IX of the Illinois
22Constitution.
23(Source: P.A. 98-463, eff. 8-16-13.)
 
24    Section 10. The State Finance Act is amended by changing
25Section 13.2 as follows:
 

 

 

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1    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
2    Sec. 13.2. Transfers among line item appropriations.
3    (a) Transfers among line item appropriations from the same
4treasury fund for the objects specified in this Section may be
5made in the manner provided in this Section when the balance
6remaining in one or more such line item appropriations is
7insufficient for the purpose for which the appropriation was
8made.
9    (a-1) No transfers may be made from one agency to another
10agency, nor may transfers be made from one institution of
11higher education to another institution of higher education
12except as provided by subsection (a-4).
13    (a-2) Except as otherwise provided in this Section,
14transfers may be made only among the objects of expenditure
15enumerated in this Section, except that no funds may be
16transferred from any appropriation for personal services, from
17any appropriation for State contributions to the State
18Employees' Retirement System, from any separate appropriation
19for employee retirement contributions paid by the employer, nor
20from any appropriation for State contribution for employee
21group insurance. During State fiscal year 2005, an agency may
22transfer amounts among its appropriations within the same
23treasury fund for personal services, employee retirement
24contributions paid by employer, and State Contributions to
25retirement systems; notwithstanding and in addition to the

 

 

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1transfers authorized in subsection (c) of this Section, the
2fiscal year 2005 transfers authorized in this sentence may be
3made in an amount not to exceed 2% of the aggregate amount
4appropriated to an agency within the same treasury fund. During
5State fiscal year 2007, the Departments of Children and Family
6Services, Corrections, Human Services, and Juvenile Justice
7may transfer amounts among their respective appropriations
8within the same treasury fund for personal services, employee
9retirement contributions paid by employer, and State
10contributions to retirement systems. During State fiscal year
112010, the Department of Transportation may transfer amounts
12among their respective appropriations within the same treasury
13fund for personal services, employee retirement contributions
14paid by employer, and State contributions to retirement
15systems. During State fiscal years 2010 and 2014 only, an
16agency may transfer amounts among its respective
17appropriations within the same treasury fund for personal
18services, employee retirement contributions paid by employer,
19and State contributions to retirement systems.
20Notwithstanding, and in addition to, the transfers authorized
21in subsection (c) of this Section, these transfers may be made
22in an amount not to exceed 2% of the aggregate amount
23appropriated to an agency within the same treasury fund.
24    (a-2.5) During State fiscal year 2015 only, the State's
25Attorneys Appellate Prosecutor may transfer amounts among its
26respective appropriations contained in operational line items

 

 

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1within the same treasury fund. Notwithstanding, and in addition
2to, the transfers authorized in subsection (c) of this Section,
3these transfers may be made in an amount not to exceed 4% of
4the aggregate amount appropriated to the State's Attorneys
5Appellate Prosecutor within the same treasury fund.
6    (a-3) Further, if an agency receives a separate
7appropriation for employee retirement contributions paid by
8the employer, any transfer by that agency into an appropriation
9for personal services must be accompanied by a corresponding
10transfer into the appropriation for employee retirement
11contributions paid by the employer, in an amount sufficient to
12meet the employer share of the employee contributions required
13to be remitted to the retirement system.
14    (a-4) Long-Term Care Rebalancing. The Governor may
15designate amounts set aside for institutional services
16appropriated from the General Revenue Fund or any other State
17fund that receives monies for long-term care services to be
18transferred to all State agencies responsible for the
19administration of community-based long-term care programs,
20including, but not limited to, community-based long-term care
21programs administered by the Department of Healthcare and
22Family Services, the Department of Human Services, and the
23Department on Aging, provided that the Director of Healthcare
24and Family Services first certifies that the amounts being
25transferred are necessary for the purpose of assisting persons
26in or at risk of being in institutional care to transition to

 

 

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1community-based settings, including the financial data needed
2to prove the need for the transfer of funds. The total amounts
3transferred shall not exceed 4% in total of the amounts
4appropriated from the General Revenue Fund or any other State
5fund that receives monies for long-term care services for each
6fiscal year. A notice of the fund transfer must be made to the
7General Assembly and posted at a minimum on the Department of
8Healthcare and Family Services website, the Governor's Office
9of Management and Budget website, and any other website the
10Governor sees fit. These postings shall serve as notice to the
11General Assembly of the amounts to be transferred. Notice shall
12be given at least 30 days prior to transfer.
13    (b) In addition to the general transfer authority provided
14under subsection (c), the following agencies have the specific
15transfer authority granted in this subsection:
16    The Department of Healthcare and Family Services is
17authorized to make transfers representing savings attributable
18to not increasing grants due to the births of additional
19children from line items for payments of cash grants to line
20items for payments for employment and social services for the
21purposes outlined in subsection (f) of Section 4-2 of the
22Illinois Public Aid Code.
23    The Department of Children and Family Services is
24authorized to make transfers not exceeding 2% of the aggregate
25amount appropriated to it within the same treasury fund for the
26following line items among these same line items: Foster Home

 

 

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1and Specialized Foster Care and Prevention, Institutions and
2Group Homes and Prevention, and Purchase of Adoption and
3Guardianship Services.
4    The Department on Aging is authorized to make transfers not
5exceeding 2% of the aggregate amount appropriated to it within
6the same treasury fund for the following Community Care Program
7line items among these same line items: purchase of services
8covered by the Community Care Program and Comprehensive Case
9Coordination.
10    The State Treasurer is authorized to make transfers among
11line item appropriations from the Capital Litigation Trust
12Fund, with respect to costs incurred in fiscal years 2002 and
132003 only, when the balance remaining in one or more such line
14item appropriations is insufficient for the purpose for which
15the appropriation was made, provided that no such transfer may
16be made unless the amount transferred is no longer required for
17the purpose for which that appropriation was made.
18    The State Board of Education is authorized to make
19transfers from line item appropriations within the same
20treasury fund for General State Aid, and General State Aid -
21Hold Harmless, Evidence-Based Funding, provided that no such
22transfer may be made unless the amount transferred is no longer
23required for the purpose for which that appropriation was made,
24to the line item appropriation for Transitional Assistance when
25the balance remaining in such line item appropriation is
26insufficient for the purpose for which the appropriation was

 

 

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1made.
2    The State Board of Education is authorized to make
3transfers between the following line item appropriations
4within the same treasury fund: Disabled Student
5Services/Materials (Section 14-13.01 of the School Code),
6Disabled Student Transportation Reimbursement (Section
714-13.01 of the School Code), Disabled Student Tuition -
8Private Tuition (Section 14-7.02 of the School Code),
9Extraordinary Special Education (Section 14-7.02b of the
10School Code), Reimbursement for Free Lunch/Breakfast Program,
11Summer School Payments (Section 18-4.3 of the School Code), and
12Transportation - Regular/Vocational Reimbursement (Section
1329-5 of the School Code). Such transfers shall be made only
14when the balance remaining in one or more such line item
15appropriations is insufficient for the purpose for which the
16appropriation was made and provided that no such transfer may
17be made unless the amount transferred is no longer required for
18the purpose for which that appropriation was made.
19    The Department of Healthcare and Family Services is
20authorized to make transfers not exceeding 4% of the aggregate
21amount appropriated to it, within the same treasury fund, among
22the various line items appropriated for Medical Assistance.
23    (c) The sum of such transfers for an agency in a fiscal
24year shall not exceed 2% of the aggregate amount appropriated
25to it within the same treasury fund for the following objects:
26Personal Services; Extra Help; Student and Inmate

 

 

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1Compensation; State Contributions to Retirement Systems; State
2Contributions to Social Security; State Contribution for
3Employee Group Insurance; Contractual Services; Travel;
4Commodities; Printing; Equipment; Electronic Data Processing;
5Operation of Automotive Equipment; Telecommunications
6Services; Travel and Allowance for Committed, Paroled and
7Discharged Prisoners; Library Books; Federal Matching Grants
8for Student Loans; Refunds; Workers' Compensation,
9Occupational Disease, and Tort Claims; and, in appropriations
10to institutions of higher education, Awards and Grants.
11Notwithstanding the above, any amounts appropriated for
12payment of workers' compensation claims to an agency to which
13the authority to evaluate, administer and pay such claims has
14been delegated by the Department of Central Management Services
15may be transferred to any other expenditure object where such
16amounts exceed the amount necessary for the payment of such
17claims.
18    (c-1) Special provisions for State fiscal year 2003.
19Notwithstanding any other provision of this Section to the
20contrary, for State fiscal year 2003 only, transfers among line
21item appropriations to an agency from the same treasury fund
22may be made provided that the sum of such transfers for an
23agency in State fiscal year 2003 shall not exceed 3% of the
24aggregate amount appropriated to that State agency for State
25fiscal year 2003 for the following objects: personal services,
26except that no transfer may be approved which reduces the

 

 

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1aggregate appropriations for personal services within an
2agency; extra help; student and inmate compensation; State
3contributions to retirement systems; State contributions to
4social security; State contributions for employee group
5insurance; contractual services; travel; commodities;
6printing; equipment; electronic data processing; operation of
7automotive equipment; telecommunications services; travel and
8allowance for committed, paroled, and discharged prisoners;
9library books; federal matching grants for student loans;
10refunds; workers' compensation, occupational disease, and tort
11claims; and, in appropriations to institutions of higher
12education, awards and grants.
13    (c-2) Special provisions for State fiscal year 2005.
14Notwithstanding subsections (a), (a-2), and (c), for State
15fiscal year 2005 only, transfers may be made among any line
16item appropriations from the same or any other treasury fund
17for any objects or purposes, without limitation, when the
18balance remaining in one or more such line item appropriations
19is insufficient for the purpose for which the appropriation was
20made, provided that the sum of those transfers by a State
21agency shall not exceed 4% of the aggregate amount appropriated
22to that State agency for fiscal year 2005.
23    (c-3) Special provisions for State fiscal year 2015.
24Notwithstanding any other provision of this Section, for State
25fiscal year 2015, transfers among line item appropriations to a
26State agency from the same State treasury fund may be made for

 

 

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1operational or lump sum expenses only, provided that the sum of
2such transfers for a State agency in State fiscal year 2015
3shall not exceed 4% of the aggregate amount appropriated to
4that State agency for operational or lump sum expenses for
5State fiscal year 2015. For the purpose of this subsection,
6"operational or lump sum expenses" includes the following
7objects: personal services; extra help; student and inmate
8compensation; State contributions to retirement systems; State
9contributions to social security; State contributions for
10employee group insurance; contractual services; travel;
11commodities; printing; equipment; electronic data processing;
12operation of automotive equipment; telecommunications
13services; travel and allowance for committed, paroled, and
14discharged prisoners; library books; federal matching grants
15for student loans; refunds; workers' compensation,
16occupational disease, and tort claims; lump sum and other
17purposes; and lump sum operations. For the purpose of this
18subsection (c-3), "State agency" does not include the Attorney
19General, the Secretary of State, the Comptroller, the
20Treasurer, or the legislative or judicial branches.
21    (d) Transfers among appropriations made to agencies of the
22Legislative and Judicial departments and to the
23constitutionally elected officers in the Executive branch
24require the approval of the officer authorized in Section 10 of
25this Act to approve and certify vouchers. Transfers among
26appropriations made to the University of Illinois, Southern

 

 

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1Illinois University, Chicago State University, Eastern
2Illinois University, Governors State University, Illinois
3State University, Northeastern Illinois University, Northern
4Illinois University, Western Illinois University, the Illinois
5Mathematics and Science Academy and the Board of Higher
6Education require the approval of the Board of Higher Education
7and the Governor. Transfers among appropriations to all other
8agencies require the approval of the Governor.
9    The officer responsible for approval shall certify that the
10transfer is necessary to carry out the programs and purposes
11for which the appropriations were made by the General Assembly
12and shall transmit to the State Comptroller a certified copy of
13the approval which shall set forth the specific amounts
14transferred so that the Comptroller may change his records
15accordingly. The Comptroller shall furnish the Governor with
16information copies of all transfers approved for agencies of
17the Legislative and Judicial departments and transfers
18approved by the constitutionally elected officials of the
19Executive branch other than the Governor, showing the amounts
20transferred and indicating the dates such changes were entered
21on the Comptroller's records.
22    (e) The State Board of Education, in consultation with the
23State Comptroller, may transfer line item appropriations for
24General State Aid or Evidence-Based Funding between the Common
25School Fund and the Education Assistance Fund. With the advice
26and consent of the Governor's Office of Management and Budget,

 

 

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1the State Board of Education, in consultation with the State
2Comptroller, may transfer line item appropriations between the
3General Revenue Fund and the Education Assistance Fund for the
4following programs:
5        (1) Disabled Student Personnel Reimbursement (Section
6    14-13.01 of the School Code);
7        (2) Disabled Student Transportation Reimbursement
8    (subsection (b) of Section 14-13.01 of the School Code);
9        (3) Disabled Student Tuition - Private Tuition
10    (Section 14-7.02 of the School Code);
11        (4) Extraordinary Special Education (Section 14-7.02b
12    of the School Code);
13        (5) Reimbursement for Free Lunch/Breakfast Programs;
14        (6) Summer School Payments (Section 18-4.3 of the
15    School Code);
16        (7) Transportation - Regular/Vocational Reimbursement
17    (Section 29-5 of the School Code);
18        (8) Regular Education Reimbursement (Section 18-3 of
19    the School Code); and
20        (9) Special Education Reimbursement (Section 14-7.03
21    of the School Code).
22(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-2,
23eff. 3-26-15.)
 
24    Section 15. The Property Tax Code is amended by changing
25Sections 18-200 and 18-249 as follows:
 

 

 

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1    (35 ILCS 200/18-200)
2    Sec. 18-200. School Code. A school district's State aid
3shall not be reduced under the computation under subsections
45(a) through 5(h) of Part A of Section 18-8 of the School Code
5or under Section 18-8.15 of the School Code due to the
6operating tax rate falling from above the minimum requirement
7of that Section of the School Code to below the minimum
8requirement of that Section of the School Code due to the
9operation of this Law.
10(Source: P.A. 87-17; 88-455.)
 
11    (35 ILCS 200/18-249)
12    Sec. 18-249. Miscellaneous provisions.
13    (a) Certification of new property. For the 1994 levy year,
14the chief county assessment officer shall certify to the county
15clerk, after all changes by the board of review or board of
16appeals, as the case may be, the assessed value of new property
17by taxing district for the 1994 levy year under rules
18promulgated by the Department.
19    (b) School Code. A school district's State aid shall not be
20reduced under the computation under subsections 5(a) through
215(h) of Part A of Section 18-8 of the School Code or under
22Section 18-8.15 of the School Code due to the operating tax
23rate falling from above the minimum requirement of that Section
24of the School Code to below the minimum requirement of that

 

 

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1Section of the School Code due to the operation of this Law.
2    (c) Rules. The Department shall make and promulgate
3reasonable rules relating to the administration of the purposes
4and provisions of Sections 18-246 through 18-249 as may be
5necessary or appropriate.
6(Source: P.A. 89-1, eff. 2-12-95.)
 
7    Section 17. The Illinois Pension Code is amended by
8changing Section 16-158 as follows:
 
9    (40 ILCS 5/16-158)   (from Ch. 108 1/2, par. 16-158)
10    (Text of Section WITHOUT the changes made by P.A. 98-599,
11which has been held unconstitutional)
12    Sec. 16-158. Contributions by State and other employing
13units.
14    (a) The State shall make contributions to the System by
15means of appropriations from the Common School Fund and other
16State funds of amounts which, together with other employer
17contributions, employee contributions, investment income, and
18other income, will be sufficient to meet the cost of
19maintaining and administering the System on a 90% funded basis
20in accordance with actuarial recommendations.
21    The Board shall determine the amount of State contributions
22required for each fiscal year on the basis of the actuarial
23tables and other assumptions adopted by the Board and the
24recommendations of the actuary, using the formula in subsection

 

 

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1(b-3).
2    (a-1) Annually, on or before November 15 until November 15,
32011, the Board shall certify to the Governor the amount of the
4required State contribution for the coming fiscal year. The
5certification under this subsection (a-1) shall include a copy
6of the actuarial recommendations upon which it is based and
7shall specifically identify the System's projected State
8normal cost for that fiscal year.
9    On or before May 1, 2004, the Board shall recalculate and
10recertify to the Governor the amount of the required State
11contribution to the System for State fiscal year 2005, taking
12into account the amounts appropriated to and received by the
13System under subsection (d) of Section 7.2 of the General
14Obligation Bond Act.
15    On or before July 1, 2005, the Board shall recalculate and
16recertify to the Governor the amount of the required State
17contribution to the System for State fiscal year 2006, taking
18into account the changes in required State contributions made
19by this amendatory Act of the 94th General Assembly.
20    On or before April 1, 2011, the Board shall recalculate and
21recertify to the Governor the amount of the required State
22contribution to the System for State fiscal year 2011, applying
23the changes made by Public Act 96-889 to the System's assets
24and liabilities as of June 30, 2009 as though Public Act 96-889
25was approved on that date.
26    (a-5) On or before November 1 of each year, beginning

 

 

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1November 1, 2012, the Board shall submit to the State Actuary,
2the Governor, and the General Assembly a proposed certification
3of the amount of the required State contribution to the System
4for the next fiscal year, along with all of the actuarial
5assumptions, calculations, and data upon which that proposed
6certification is based. On or before January 1 of each year,
7beginning January 1, 2013, the State Actuary shall issue a
8preliminary report concerning the proposed certification and
9identifying, if necessary, recommended changes in actuarial
10assumptions that the Board must consider before finalizing its
11certification of the required State contributions. On or before
12January 15, 2013 and each January 15 thereafter, the Board
13shall certify to the Governor and the General Assembly the
14amount of the required State contribution for the next fiscal
15year. The Board's certification must note any deviations from
16the State Actuary's recommended changes, the reason or reasons
17for not following the State Actuary's recommended changes, and
18the fiscal impact of not following the State Actuary's
19recommended changes on the required State contribution.
20    (b) Through State fiscal year 1995, the State contributions
21shall be paid to the System in accordance with Section 18-7 of
22the School Code.
23    (b-1) Beginning in State fiscal year 1996, on the 15th day
24of each month, or as soon thereafter as may be practicable, the
25Board shall submit vouchers for payment of State contributions
26to the System, in a total monthly amount of one-twelfth of the

 

 

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1required annual State contribution certified under subsection
2(a-1). From the effective date of this amendatory Act of the
393rd General Assembly through June 30, 2004, the Board shall
4not submit vouchers for the remainder of fiscal year 2004 in
5excess of the fiscal year 2004 certified contribution amount
6determined under this Section after taking into consideration
7the transfer to the System under subsection (a) of Section
86z-61 of the State Finance Act. These vouchers shall be paid by
9the State Comptroller and Treasurer by warrants drawn on the
10funds appropriated to the System for that fiscal year.
11    If in any month the amount remaining unexpended from all
12other appropriations to the System for the applicable fiscal
13year (including the appropriations to the System under Section
148.12 of the State Finance Act and Section 1 of the State
15Pension Funds Continuing Appropriation Act) is less than the
16amount lawfully vouchered under this subsection, the
17difference shall be paid from the Common School Fund under the
18continuing appropriation authority provided in Section 1.1 of
19the State Pension Funds Continuing Appropriation Act.
20    (b-2) Allocations from the Common School Fund apportioned
21to school districts not coming under this System shall not be
22diminished or affected by the provisions of this Article.
23    (b-3) For State fiscal years 2012 through 2045, the minimum
24contribution to the System to be made by the State for each
25fiscal year shall be an amount determined by the System to be
26sufficient to bring the total assets of the System up to 90% of

 

 

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1the total actuarial liabilities of the System by the end of
2State fiscal year 2045. In making these determinations, the
3required State contribution shall be calculated each year as a
4level percentage of payroll over the years remaining to and
5including fiscal year 2045 and shall be determined under the
6projected unit credit actuarial cost method.
7    For State fiscal years 1996 through 2005, the State
8contribution to the System, as a percentage of the applicable
9employee payroll, shall be increased in equal annual increments
10so that by State fiscal year 2011, the State is contributing at
11the rate required under this Section; except that in the
12following specified State fiscal years, the State contribution
13to the System shall not be less than the following indicated
14percentages of the applicable employee payroll, even if the
15indicated percentage will produce a State contribution in
16excess of the amount otherwise required under this subsection
17and subsection (a), and notwithstanding any contrary
18certification made under subsection (a-1) before the effective
19date of this amendatory Act of 1998: 10.02% in FY 1999; 10.77%
20in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86% in FY
212003; and 13.56% in FY 2004.
22    Notwithstanding any other provision of this Article, the
23total required State contribution for State fiscal year 2006 is
24$534,627,700.
25    Notwithstanding any other provision of this Article, the
26total required State contribution for State fiscal year 2007 is

 

 

10000SB0001ham002- 22 -LRB100 06371 MLM 27378 a

1$738,014,500.
2    For each of State fiscal years 2008 through 2009, the State
3contribution to the System, as a percentage of the applicable
4employee payroll, shall be increased in equal annual increments
5from the required State contribution for State fiscal year
62007, so that by State fiscal year 2011, the State is
7contributing at the rate otherwise required under this Section.
8    Notwithstanding any other provision of this Article, the
9total required State contribution for State fiscal year 2010 is
10$2,089,268,000 and shall be made from the proceeds of bonds
11sold in fiscal year 2010 pursuant to Section 7.2 of the General
12Obligation Bond Act, less (i) the pro rata share of bond sale
13expenses determined by the System's share of total bond
14proceeds, (ii) any amounts received from the Common School Fund
15in fiscal year 2010, and (iii) any reduction in bond proceeds
16due to the issuance of discounted bonds, if applicable.
17    Notwithstanding any other provision of this Article, the
18total required State contribution for State fiscal year 2011 is
19the amount recertified by the System on or before April 1, 2011
20pursuant to subsection (a-1) of this Section and shall be made
21from the proceeds of bonds sold in fiscal year 2011 pursuant to
22Section 7.2 of the General Obligation Bond Act, less (i) the
23pro rata share of bond sale expenses determined by the System's
24share of total bond proceeds, (ii) any amounts received from
25the Common School Fund in fiscal year 2011, and (iii) any
26reduction in bond proceeds due to the issuance of discounted

 

 

10000SB0001ham002- 23 -LRB100 06371 MLM 27378 a

1bonds, if applicable. This amount shall include, in addition to
2the amount certified by the System, an amount necessary to meet
3employer contributions required by the State as an employer
4under paragraph (e) of this Section, which may also be used by
5the System for contributions required by paragraph (a) of
6Section 16-127.
7    Beginning in State fiscal year 2046, the minimum State
8contribution for each fiscal year shall be the amount needed to
9maintain the total assets of the System at 90% of the total
10actuarial liabilities of the System.
11    Amounts received by the System pursuant to Section 25 of
12the Budget Stabilization Act or Section 8.12 of the State
13Finance Act in any fiscal year do not reduce and do not
14constitute payment of any portion of the minimum State
15contribution required under this Article in that fiscal year.
16Such amounts shall not reduce, and shall not be included in the
17calculation of, the required State contributions under this
18Article in any future year until the System has reached a
19funding ratio of at least 90%. A reference in this Article to
20the "required State contribution" or any substantially similar
21term does not include or apply to any amounts payable to the
22System under Section 25 of the Budget Stabilization Act.
23    Notwithstanding any other provision of this Section, the
24required State contribution for State fiscal year 2005 and for
25fiscal year 2008 and each fiscal year thereafter, as calculated
26under this Section and certified under subsection (a-1), shall

 

 

10000SB0001ham002- 24 -LRB100 06371 MLM 27378 a

1not exceed an amount equal to (i) the amount of the required
2State contribution that would have been calculated under this
3Section for that fiscal year if the System had not received any
4payments under subsection (d) of Section 7.2 of the General
5Obligation Bond Act, minus (ii) the portion of the State's
6total debt service payments for that fiscal year on the bonds
7issued in fiscal year 2003 for the purposes of that Section
87.2, as determined and certified by the Comptroller, that is
9the same as the System's portion of the total moneys
10distributed under subsection (d) of Section 7.2 of the General
11Obligation Bond Act. In determining this maximum for State
12fiscal years 2008 through 2010, however, the amount referred to
13in item (i) shall be increased, as a percentage of the
14applicable employee payroll, in equal increments calculated
15from the sum of the required State contribution for State
16fiscal year 2007 plus the applicable portion of the State's
17total debt service payments for fiscal year 2007 on the bonds
18issued in fiscal year 2003 for the purposes of Section 7.2 of
19the General Obligation Bond Act, so that, by State fiscal year
202011, the State is contributing at the rate otherwise required
21under this Section.
22    (c) Payment of the required State contributions and of all
23pensions, retirement annuities, death benefits, refunds, and
24other benefits granted under or assumed by this System, and all
25expenses in connection with the administration and operation
26thereof, are obligations of the State.

 

 

10000SB0001ham002- 25 -LRB100 06371 MLM 27378 a

1    If members are paid from special trust or federal funds
2which are administered by the employing unit, whether school
3district or other unit, the employing unit shall pay to the
4System from such funds the full accruing retirement costs based
5upon that service, which, beginning July 1, 2018 2014, shall be
6at a rate, expressed as a percentage of salary, equal to the
7total employer's minimum contribution to the System to be made
8by the State for that fiscal year, including both normal cost
9and unfunded liability components, expressed as a percentage of
10payroll, as determined by the System under subsection (b-3) of
11this Section. Employer contributions, based on salary paid to
12members from federal funds, may be forwarded by the
13distributing agency of the State of Illinois to the System
14prior to allocation, in an amount determined in accordance with
15guidelines established by such agency and the System. Any
16contribution for fiscal year 2015 collected as a result of the
17change made by this amendatory Act of the 98th General Assembly
18shall be considered a State contribution under subsection (b-3)
19of this Section.
20    (d) Effective July 1, 1986, any employer of a teacher as
21defined in paragraph (8) of Section 16-106 shall pay the
22employer's normal cost of benefits based upon the teacher's
23service, in addition to employee contributions, as determined
24by the System. Such employer contributions shall be forwarded
25monthly in accordance with guidelines established by the
26System.

 

 

10000SB0001ham002- 26 -LRB100 06371 MLM 27378 a

1    However, with respect to benefits granted under Section
216-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
3of Section 16-106, the employer's contribution shall be 12%
4(rather than 20%) of the member's highest annual salary rate
5for each year of creditable service granted, and the employer
6shall also pay the required employee contribution on behalf of
7the teacher. For the purposes of Sections 16-133.4 and
816-133.5, a teacher as defined in paragraph (8) of Section
916-106 who is serving in that capacity while on leave of
10absence from another employer under this Article shall not be
11considered an employee of the employer from which the teacher
12is on leave.
13    (e) Beginning July 1, 1998, every employer of a teacher
14shall pay to the System an employer contribution computed as
15follows:
16        (1) Beginning July 1, 1998 through June 30, 1999, the
17    employer contribution shall be equal to 0.3% of each
18    teacher's salary.
19        (2) Beginning July 1, 1999 and thereafter, the employer
20    contribution shall be equal to 0.58% of each teacher's
21    salary.
22The school district or other employing unit may pay these
23employer contributions out of any source of funding available
24for that purpose and shall forward the contributions to the
25System on the schedule established for the payment of member
26contributions.

 

 

10000SB0001ham002- 27 -LRB100 06371 MLM 27378 a

1    These employer contributions are intended to offset a
2portion of the cost to the System of the increases in
3retirement benefits resulting from this amendatory Act of 1998.
4    Each employer of teachers is entitled to a credit against
5the contributions required under this subsection (e) with
6respect to salaries paid to teachers for the period January 1,
72002 through June 30, 2003, equal to the amount paid by that
8employer under subsection (a-5) of Section 6.6 of the State
9Employees Group Insurance Act of 1971 with respect to salaries
10paid to teachers for that period.
11    The additional 1% employee contribution required under
12Section 16-152 by this amendatory Act of 1998 is the
13responsibility of the teacher and not the teacher's employer,
14unless the employer agrees, through collective bargaining or
15otherwise, to make the contribution on behalf of the teacher.
16    If an employer is required by a contract in effect on May
171, 1998 between the employer and an employee organization to
18pay, on behalf of all its full-time employees covered by this
19Article, all mandatory employee contributions required under
20this Article, then the employer shall be excused from paying
21the employer contribution required under this subsection (e)
22for the balance of the term of that contract. The employer and
23the employee organization shall jointly certify to the System
24the existence of the contractual requirement, in such form as
25the System may prescribe. This exclusion shall cease upon the
26termination, extension, or renewal of the contract at any time

 

 

10000SB0001ham002- 28 -LRB100 06371 MLM 27378 a

1after May 1, 1998.
2    (f) If the amount of a teacher's salary for any school year
3used to determine final average salary exceeds the member's
4annual full-time salary rate with the same employer for the
5previous school year by more than 6%, the teacher's employer
6shall pay to the System, in addition to all other payments
7required under this Section and in accordance with guidelines
8established by the System, the present value of the increase in
9benefits resulting from the portion of the increase in salary
10that is in excess of 6%. This present value shall be computed
11by the System on the basis of the actuarial assumptions and
12tables used in the most recent actuarial valuation of the
13System that is available at the time of the computation. If a
14teacher's salary for the 2005-2006 school year is used to
15determine final average salary under this subsection (f), then
16the changes made to this subsection (f) by Public Act 94-1057
17shall apply in calculating whether the increase in his or her
18salary is in excess of 6%. For the purposes of this Section,
19change in employment under Section 10-21.12 of the School Code
20on or after June 1, 2005 shall constitute a change in employer.
21The System may require the employer to provide any pertinent
22information or documentation. The changes made to this
23subsection (f) by this amendatory Act of the 94th General
24Assembly apply without regard to whether the teacher was in
25service on or after its effective date.
26    Whenever it determines that a payment is or may be required

 

 

10000SB0001ham002- 29 -LRB100 06371 MLM 27378 a

1under this subsection, the System shall calculate the amount of
2the payment and bill the employer for that amount. The bill
3shall specify the calculations used to determine the amount
4due. If the employer disputes the amount of the bill, it may,
5within 30 days after receipt of the bill, apply to the System
6in writing for a recalculation. The application must specify in
7detail the grounds of the dispute and, if the employer asserts
8that the calculation is subject to subsection (g) or (h) of
9this Section, must include an affidavit setting forth and
10attesting to all facts within the employer's knowledge that are
11pertinent to the applicability of that subsection. Upon
12receiving a timely application for recalculation, the System
13shall review the application and, if appropriate, recalculate
14the amount due.
15    The employer contributions required under this subsection
16(f) may be paid in the form of a lump sum within 90 days after
17receipt of the bill. If the employer contributions are not paid
18within 90 days after receipt of the bill, then interest will be
19charged at a rate equal to the System's annual actuarially
20assumed rate of return on investment compounded annually from
21the 91st day after receipt of the bill. Payments must be
22concluded within 3 years after the employer's receipt of the
23bill.
24    (g) This subsection (g) applies only to payments made or
25salary increases given on or after June 1, 2005 but before July
261, 2011. The changes made by Public Act 94-1057 shall not

 

 

10000SB0001ham002- 30 -LRB100 06371 MLM 27378 a

1require the System to refund any payments received before July
231, 2006 (the effective date of Public Act 94-1057).
3    When assessing payment for any amount due under subsection
4(f), the System shall exclude salary increases paid to teachers
5under contracts or collective bargaining agreements entered
6into, amended, or renewed before June 1, 2005.
7    When assessing payment for any amount due under subsection
8(f), the System shall exclude salary increases paid to a
9teacher at a time when the teacher is 10 or more years from
10retirement eligibility under Section 16-132 or 16-133.2.
11    When assessing payment for any amount due under subsection
12(f), the System shall exclude salary increases resulting from
13overload work, including summer school, when the school
14district has certified to the System, and the System has
15approved the certification, that (i) the overload work is for
16the sole purpose of classroom instruction in excess of the
17standard number of classes for a full-time teacher in a school
18district during a school year and (ii) the salary increases are
19equal to or less than the rate of pay for classroom instruction
20computed on the teacher's current salary and work schedule.
21    When assessing payment for any amount due under subsection
22(f), the System shall exclude a salary increase resulting from
23a promotion (i) for which the employee is required to hold a
24certificate or supervisory endorsement issued by the State
25Teacher Certification Board that is a different certification
26or supervisory endorsement than is required for the teacher's

 

 

10000SB0001ham002- 31 -LRB100 06371 MLM 27378 a

1previous position and (ii) to a position that has existed and
2been filled by a member for no less than one complete academic
3year and the salary increase from the promotion is an increase
4that results in an amount no greater than the lesser of the
5average salary paid for other similar positions in the district
6requiring the same certification or the amount stipulated in
7the collective bargaining agreement for a similar position
8requiring the same certification.
9    When assessing payment for any amount due under subsection
10(f), the System shall exclude any payment to the teacher from
11the State of Illinois or the State Board of Education over
12which the employer does not have discretion, notwithstanding
13that the payment is included in the computation of final
14average salary.
15    (h) When assessing payment for any amount due under
16subsection (f), the System shall exclude any salary increase
17described in subsection (g) of this Section given on or after
18July 1, 2011 but before July 1, 2014 under a contract or
19collective bargaining agreement entered into, amended, or
20renewed on or after June 1, 2005 but before July 1, 2011.
21Notwithstanding any other provision of this Section, any
22payments made or salary increases given after June 30, 2014
23shall be used in assessing payment for any amount due under
24subsection (f) of this Section.
25    (i) The System shall prepare a report and file copies of
26the report with the Governor and the General Assembly by

 

 

10000SB0001ham002- 32 -LRB100 06371 MLM 27378 a

1January 1, 2007 that contains all of the following information:
2        (1) The number of recalculations required by the
3    changes made to this Section by Public Act 94-1057 for each
4    employer.
5        (2) The dollar amount by which each employer's
6    contribution to the System was changed due to
7    recalculations required by Public Act 94-1057.
8        (3) The total amount the System received from each
9    employer as a result of the changes made to this Section by
10    Public Act 94-4.
11        (4) The increase in the required State contribution
12    resulting from the changes made to this Section by Public
13    Act 94-1057.
14    (j) For purposes of determining the required State
15contribution to the System, the value of the System's assets
16shall be equal to the actuarial value of the System's assets,
17which shall be calculated as follows:
18    As of June 30, 2008, the actuarial value of the System's
19assets shall be equal to the market value of the assets as of
20that date. In determining the actuarial value of the System's
21assets for fiscal years after June 30, 2008, any actuarial
22gains or losses from investment return incurred in a fiscal
23year shall be recognized in equal annual amounts over the
245-year period following that fiscal year.
25    (k) For purposes of determining the required State
26contribution to the system for a particular year, the actuarial

 

 

10000SB0001ham002- 33 -LRB100 06371 MLM 27378 a

1value of assets shall be assumed to earn a rate of return equal
2to the system's actuarially assumed rate of return.
3(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11;
496-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-694, eff.
56-18-12; 97-813, eff. 7-13-12; 98-674, eff. 6-30-14.)
 
6    Section 20. The Innovation Development and Economy Act is
7amended by changing Section 33 as follows:
 
8    (50 ILCS 470/33)
9    Sec. 33. STAR Bonds School Improvement and Operations Trust
10Fund.
11    (a) The STAR Bonds School Improvement and Operations Trust
12Fund is created as a trust fund in the State treasury. Deposits
13into the Trust Fund shall be made as provided under this
14Section. Moneys in the Trust Fund shall be used by the
15Department of Revenue only for the purpose of making payments
16to school districts in educational service regions that include
17or are adjacent to the STAR bond district. Moneys in the Trust
18Fund are not subject to appropriation and shall be used solely
19as provided in this Section. All deposits into the Trust Fund
20shall be held in the Trust Fund by the State Treasurer as ex
21officio custodian separate and apart from all public moneys or
22funds of this State and shall be administered by the Department
23exclusively for the purposes set forth in this Section. All
24moneys in the Trust Fund shall be invested and reinvested by

 

 

10000SB0001ham002- 34 -LRB100 06371 MLM 27378 a

1the State Treasurer. All interest accruing from these
2investments shall be deposited in the Trust Fund.
3    (b) Upon approval of a STAR bond district, the political
4subdivision shall immediately transmit to the county clerk of
5the county in which the district is located a certified copy of
6the ordinance creating the district, a legal description of the
7district, a map of the district, identification of the year
8that the county clerk shall use for determining the total
9initial equalized assessed value of the district consistent
10with subsection (c), and a list of the parcel or tax
11identification number of each parcel of property included in
12the district.
13    (c) Upon approval of a STAR bond district, the county clerk
14immediately thereafter shall determine (i) the most recently
15ascertained equalized assessed value of each lot, block, tract,
16or parcel of real property within the STAR bond district, from
17which shall be deducted the homestead exemptions under Article
1815 of the Property Tax Code, which value shall be the initial
19equalized assessed value of each such piece of property, and
20(ii) the total equalized assessed value of all taxable real
21property within the district by adding together the most
22recently ascertained equalized assessed value of each taxable
23lot, block, tract, or parcel of real property within the
24district, from which shall be deducted the homestead exemptions
25under Article 15 of the Property Tax Code, and shall certify
26that amount as the total initial equalized assessed value of

 

 

10000SB0001ham002- 35 -LRB100 06371 MLM 27378 a

1the taxable real property within the STAR bond district.
2    (d) In reference to any STAR bond district created within
3any political subdivision, and in respect to which the county
4clerk has certified the total initial equalized assessed value
5of the property in the area, the political subdivision may
6thereafter request the clerk in writing to adjust the initial
7equalized value of all taxable real property within the STAR
8bond district by deducting therefrom the exemptions under
9Article 15 of the Property Tax Code applicable to each lot,
10block, tract, or parcel of real property within the STAR bond
11district. The county clerk shall immediately, after the written
12request to adjust the total initial equalized value is
13received, determine the total homestead exemptions in the STAR
14bond district as provided under Article 15 of the Property Tax
15Code by adding together the homestead exemptions provided by
16said Article on each lot, block, tract, or parcel of real
17property within the STAR bond district and then shall deduct
18the total of said exemptions from the total initial equalized
19assessed value. The county clerk shall then promptly certify
20that amount as the total initial equalized assessed value as
21adjusted of the taxable real property within the STAR bond
22district.
23    (e) The county clerk or other person authorized by law
24shall compute the tax rates for each taxing district with all
25or a portion of its equalized assessed value located in the
26STAR bond district. The rate per cent of tax determined shall

 

 

10000SB0001ham002- 36 -LRB100 06371 MLM 27378 a

1be extended to the current equalized assessed value of all
2property in the district in the same manner as the rate per
3cent of tax is extended to all other taxable property in the
4taxing district.
5    (f) Beginning with the assessment year in which the first
6destination user in the first STAR bond project in a STAR bond
7district makes its first retail sales and for each assessment
8year thereafter until final maturity of the last STAR bonds
9issued in the district, the county clerk or other person
10authorized by law shall determine the increase in equalized
11assessed value of all real property within the STAR bond
12district by subtracting the initial equalized assessed value of
13all property in the district certified under subsection (c)
14from the current equalized assessed value of all property in
15the district. Each year, the property taxes arising from the
16increase in equalized assessed value in the STAR bond district
17shall be determined for each taxing district and shall be
18certified to the county collector.
19    (g) Beginning with the year in which taxes are collected
20based on the assessment year in which the first destination
21user in the first STAR bond project in a STAR bond district
22makes its first retail sales and for each year thereafter until
23final maturity of the last STAR bonds issued in the district,
24the county collector shall, within 30 days after receipt of
25property taxes, transmit to the Department to be deposited into
26the STAR Bonds School Improvement and Operations Trust Fund 15%

 

 

10000SB0001ham002- 37 -LRB100 06371 MLM 27378 a

1of property taxes attributable to the increase in equalized
2assessed value within the STAR bond district from each taxing
3district as certified in subsection (f).
4    (h) The Department shall pay to the regional superintendent
5of schools whose educational service region includes Franklin
6and Williamson Counties, for each year for which money is
7remitted to the Department and paid into the STAR Bonds School
8Improvement and Operations Trust Fund, the money in the Fund as
9provided in this Section. The amount paid to each school
10district shall be allocated proportionately, based on each
11qualifying school district's fall enrollment for the
12then-current school year, such that the school district with
13the largest fall enrollment receives the largest proportionate
14share of money paid out of the Fund or by any other method or
15formula that the regional superintendent of schools deems fit,
16equitable, and in the public interest. The regional
17superintendent may allocate moneys to school districts that are
18outside of his or her educational service region or to other
19regional superintendents.
20    The Department shall determine the distributions under
21this Section using its best judgment and information. The
22Department shall be held harmless for the distributions made
23under this Section and all distributions shall be final.
24    (i) In any year that an assessment appeal is filed, the
25extension of taxes on any assessment so appealed shall not be
26delayed. In the case of an assessment that is altered, any

 

 

10000SB0001ham002- 38 -LRB100 06371 MLM 27378 a

1taxes extended upon the unauthorized assessment or part thereof
2shall be abated, or, if already paid, shall be refunded with
3interest as provided in Section 23-20 of the Property Tax Code.
4In the case of an assessment appeal, the county collector shall
5notify the Department that an assessment appeal has been filed
6and the amount of the tax that would have been deposited in the
7STAR Bonds School Improvement and Operations Trust Fund. The
8county collector shall hold that amount in a separate fund
9until the appeal process is final. After the appeal process is
10finalized, the county collector shall transmit to the
11Department the amount of tax that remains, if any, after all
12required refunds are made. The Department shall pay any amount
13deposited into the Trust Fund under this Section in the same
14proportion as determined for payments for that taxable year
15under subsection (h).
16    (j) In any year that ad valorem taxes are allocated to the
17STAR Bonds School Improvement and Operations Trust Fund, that
18allocation shall not reduce or otherwise impact the school aid
19provided to any school district under the general State school
20aid formula provided for in Section 18-8.05 of the School Code
21or the evidence-based funding formula provided for in Section
2218-8.15 of the School Code.
23(Source: P.A. 96-939, eff. 6-24-10.)
 
24    Section 25. The County Economic Development Project Area
25Property Tax Allocation Act is amended by changing Section 7 as

 

 

10000SB0001ham002- 39 -LRB100 06371 MLM 27378 a

1follows:
 
2    (55 ILCS 85/7)  (from Ch. 34, par. 7007)
3    Sec. 7. Creation of special tax allocation fund. If a
4county has adopted property tax allocation financing by
5ordinance for an economic development project area, the
6Department has approved and certified the economic development
7project area, and the county clerk has thereafter certified the
8"total initial equalized value" of the taxable real property
9within such economic development project area in the manner
10provided in subsection (b) of Section 6 of this Act, each year
11after the date of the certification by the county clerk of the
12"initial equalized assessed value" until economic development
13project costs and all county obligations financing economic
14development project costs have been paid, the ad valorem taxes,
15if any, arising from the levies upon the taxable real property
16in the economic development project area by taxing districts
17and tax rates determined in the manner provided in subsection
18(b) of Section 6 of this Act shall be divided as follows:
19        (1) That portion of the taxes levied upon each taxable
20    lot, block, tract or parcel of real property which is
21    attributable to the lower of the current equalized assessed
22    value or the initial equalized assessed value of each such
23    taxable lot, block, tract, or parcel of real property
24    existing at the time property tax allocation financing was
25    adopted shall be allocated and when collected shall be paid

 

 

10000SB0001ham002- 40 -LRB100 06371 MLM 27378 a

1    by the county collector to the respective affected taxing
2    districts in the manner required by the law in the absence
3    of the adoption of property tax allocation financing.
4        (2) That portion, if any, of those taxes which 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    are, over and above the initial equalized assessed value of
9    each property existing at the time property tax allocation
10    financing was adopted shall be allocated to and when
11    collected shall be paid to the county treasurer, who shall
12    deposit those taxes into a special fund called the special
13    tax allocation fund of the county for the purpose of paying
14    economic development project costs and obligations
15    incurred in the payment thereof.
16    The county, by an ordinance adopting property tax
17allocation financing, may pledge the funds in and to be
18deposited in the special tax allocation fund for the payment of
19obligations issued under this Act and for the payment of
20economic development project costs. No part of the current
21equalized assessed valuation of each property in the economic
22development project area attributable to any increase above the
23total initial equalized assessed value of such properties shall
24be used in calculating the general State school aid formula,
25provided for in Section 18-8 of the School Code, or the
26evidence-based funding formula, provided for in Section

 

 

10000SB0001ham002- 41 -LRB100 06371 MLM 27378 a

118-8.15 of the School Code, until such time as all economic
2development projects costs have been paid as provided for in
3this Section.
4    Whenever a county issues bonds for the purpose of financing
5economic development project costs, the county may provide by
6ordinance for the appointment of a trustee, which may be any
7trust company within the State, and for the establishment of
8the funds or accounts to be maintained by such trustee as the
9county shall deem necessary to provide for the security and
10payment of the bonds. If the county provides for the
11appointment of a trustee, the trustee shall be considered the
12assignee of any payments assigned by the county pursuant to the
13ordinance and this Section. Any amounts paid to the trustee as
14assignee shall be deposited in the funds or accounts
15established pursuant to the trust agreement, and shall be held
16by the trustee in trust for the benefit of the holders of the
17bonds, and the holders shall have a lien on and a security
18interest in those bonds or accounts so long as the bonds remain
19outstanding and unpaid. Upon retirement of the bonds, the
20trustee shall pay over any excess amounts held to the county
21for deposit in the special tax allocation fund.
22    When the economic development project costs, including
23without limitation all county obligations financing economic
24development project costs incurred under this Act, have been
25paid, all surplus funds then remaining in the special tax
26allocation funds shall be distributed by being paid by the

 

 

10000SB0001ham002- 42 -LRB100 06371 MLM 27378 a

1county treasurer to the county collector, who shall immediately
2thereafter pay those funds to the taxing districts having
3taxable property in the economic development project area in
4the same manner and proportion as the most recent distribution
5by the county collector to those taxing districts of real
6property taxes from real property in the economic development
7project area.
8    Upon the payment of all economic development project costs,
9retirement of obligations and the distribution of any excess
10monies pursuant to this Section and not later than 23 years
11from the date of adoption of the ordinance adopting property
12tax allocation financing, the county shall adopt an ordinance
13dissolving the special tax allocation fund for the economic
14development project area and terminating the designation of the
15economic development project area as an economic development
16project area; however, in relation to one or more contiguous
17parcels not exceeding a total area of 120 acres within which an
18electric generating facility is intended to be constructed, and
19with respect to which the owner of that proposed electric
20generating facility has entered into a redevelopment agreement
21with Grundy County on or before July 25, 2017, the ordinance of
22the county required in this paragraph shall not dissolve the
23special tax allocation fund for the existing economic
24development project area and shall only terminate the
25designation of the economic development project area as to
26those portions of the economic development project area

 

 

10000SB0001ham002- 43 -LRB100 06371 MLM 27378 a

1excluding the area covered by the redevelopment agreement
2between the owner of the proposed electric generating facility
3and Grundy County; the county shall adopt an ordinance
4dissolving the special tax allocation fund for the economic
5development project area and terminating the designation of the
6economic development project area as an economic development
7project area with regard to the electric generating facility
8property not later than 35 years from the date of adoption of
9the ordinance adopting property tax allocation financing.
10Thereafter the rates of the taxing districts shall be extended
11and taxes levied, collected and distributed in the manner
12applicable in the absence of the adoption of property tax
13allocation financing.
14    Nothing in this Section shall be construed as relieving
15property in economic development project areas from being
16assessed as provided in the Property Tax Code or as relieving
17owners of that property from paying a uniform rate of taxes, as
18required by Section 4 of Article IX of the Illinois
19Constitution of 1970.
20(Source: P.A. 98-463, eff. 8-16-13; 99-513, eff. 6-30-16.)
 
21    Section 30. The County Economic Development Project Area
22Tax Increment Allocation Act of 1991 is amended by changing
23Section 50 as follows:
 
24    (55 ILCS 90/50)  (from Ch. 34, par. 8050)

 

 

10000SB0001ham002- 44 -LRB100 06371 MLM 27378 a

1    Sec. 50. Special tax allocation fund.
2    (a) If a county clerk has certified the "total initial
3equalized assessed value" of the taxable real property within
4an economic development project area in the manner provided in
5Section 45, each year after the date of the certification by
6the county clerk of the "total initial equalized assessed
7value", until economic development project costs and all county
8obligations financing economic development project costs have
9been paid, the ad valorem taxes, if any, arising from the
10levies upon the taxable real property in the economic
11development project area by taxing districts and tax rates
12determined in the manner provided in subsection (b) of Section
1345 shall be divided as follows:
14        (1) That portion of the taxes levied upon each taxable
15    lot, block, tract, or parcel of real property that is
16    attributable to the lower of the current equalized assessed
17    value or the initial equalized assessed value of each
18    taxable lot, block, tract, or parcel of real property
19    existing at the time tax increment financing was adopted
20    shall be allocated to (and when collected shall be paid by
21    the county collector to) the respective affected taxing
22    districts in the manner required by law in the absence of
23    the adoption of tax increment allocation financing.
24        (2) That portion, if any, of the taxes that is
25    attributable to the increase in the current equalized
26    assessed valuation of each taxable lot, block, tract, or

 

 

10000SB0001ham002- 45 -LRB100 06371 MLM 27378 a

1    parcel of real property in the economic development project
2    area, over and above the initial equalized assessed value
3    of each property existing at the time tax increment
4    financing was adopted, shall be allocated to (and when
5    collected shall be paid to) the county treasurer, who shall
6    deposit the taxes into a special fund (called the special
7    tax allocation fund of the county) for the purpose of
8    paying economic development project costs and obligations
9    incurred in the payment of those costs.
10    (b) The county, by an ordinance adopting tax increment
11allocation financing, may pledge the monies in and to be
12deposited into the special tax allocation fund for the payment
13of obligations issued under this Act and for the payment of
14economic development project costs. No part of the current
15equalized assessed valuation of each property in the economic
16development project area attributable to any increase above the
17total initial equalized assessed value of those properties
18shall be used in calculating the general State school aid
19formula under Section 18-8 of the School Code or the
20evidence-based funding formula under Section 18-8.15 of the
21School Code until all economic development projects costs have
22been paid as provided for in this Section.
23    (c) When the economic development projects costs,
24including without limitation all county obligations financing
25economic development project costs incurred under this Act,
26have been paid, all surplus monies then remaining in the

 

 

10000SB0001ham002- 46 -LRB100 06371 MLM 27378 a

1special tax allocation fund shall be distributed by being paid
2by the county treasurer to the county collector, who shall
3immediately pay the monies to the taxing districts having
4taxable property in the economic development project area in
5the same manner and proportion as the most recent distribution
6by the county collector to those taxing districts of real
7property taxes from real property in the economic development
8project area.
9    (d) Upon the payment of all economic development project
10costs, retirement of obligations, and distribution of any
11excess monies under this Section, the county shall adopt an
12ordinance dissolving the special tax allocation fund for the
13economic development project area and terminating the
14designation of the economic development project area as an
15economic development project area. Thereafter, the rates of the
16taxing districts shall be extended and taxes shall be levied,
17collected, and distributed in the manner applicable in the
18absence of the adoption of tax increment allocation financing.
19    (e) Nothing in this Section shall be construed as relieving
20property in the economic development project areas from being
21assessed as provided in the Property Tax Code or as relieving
22owners of that property from paying a uniform rate of taxes as
23required by Section 4 of Article IX of the Illinois
24Constitution.
25(Source: P.A. 98-463, eff. 8-16-13.)
 

 

 

10000SB0001ham002- 47 -LRB100 06371 MLM 27378 a

1    Section 35. The Illinois Municipal Code is amended by
2changing Sections 11-74.4-3, 11-74.4-8, and 11-74.6-35 as
3follows:
 
4    (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
5    Sec. 11-74.4-3. Definitions. The following terms, wherever
6used or referred to in this Division 74.4 shall have the
7following respective meanings, unless in any case a different
8meaning clearly appears from the context.
9    (a) For any redevelopment project area that has been
10designated pursuant to this Section by an ordinance adopted
11prior to November 1, 1999 (the effective date of Public Act
1291-478), "blighted area" shall have the meaning set forth in
13this Section prior to that date.
14    On and after November 1, 1999, "blighted area" means any
15improved or vacant area within the boundaries of a
16redevelopment project area located within the territorial
17limits of the municipality where:
18        (1) If improved, industrial, commercial, and
19    residential buildings or improvements are detrimental to
20    the public safety, health, or welfare because of a
21    combination of 5 or more of the following factors, each of
22    which is (i) 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) reasonably distributed throughout the

 

 

10000SB0001ham002- 48 -LRB100 06371 MLM 27378 a

1    improved part of the redevelopment project area:
2            (A) Dilapidation. An advanced state of disrepair
3        or neglect of necessary repairs to the primary
4        structural components of buildings or improvements in
5        such a combination that a documented building
6        condition analysis determines that major repair is
7        required or the defects are so serious and so extensive
8        that the buildings must be removed.
9            (B) Obsolescence. The condition or process of
10        falling into disuse. Structures have become ill-suited
11        for the original use.
12            (C) Deterioration. With respect to buildings,
13        defects including, but not limited to, major defects in
14        the secondary building components such as doors,
15        windows, porches, gutters and downspouts, and fascia.
16        With respect to surface improvements, that the
17        condition of roadways, alleys, curbs, gutters,
18        sidewalks, off-street parking, and surface storage
19        areas evidence deterioration, including, but not
20        limited to, surface cracking, crumbling, potholes,
21        depressions, loose paving material, and weeds
22        protruding through paved surfaces.
23            (D) Presence of structures below minimum code
24        standards. All structures that do not meet the
25        standards of zoning, subdivision, building, fire, and
26        other governmental codes applicable to property, but

 

 

10000SB0001ham002- 49 -LRB100 06371 MLM 27378 a

1        not including housing and property maintenance codes.
2            (E) Illegal use of individual structures. The use
3        of structures in violation of applicable federal,
4        State, or local laws, exclusive of those applicable to
5        the presence of structures below minimum code
6        standards.
7            (F) Excessive vacancies. The presence of buildings
8        that are unoccupied or under-utilized and that
9        represent an adverse influence on the area because of
10        the frequency, extent, or duration of the vacancies.
11            (G) Lack of ventilation, light, or sanitary
12        facilities. The absence of adequate ventilation for
13        light or air circulation in spaces or rooms without
14        windows, or that require the removal of dust, odor,
15        gas, smoke, or other noxious airborne materials.
16        Inadequate natural light and ventilation means the
17        absence of skylights or windows for interior spaces or
18        rooms and improper window sizes and amounts by room
19        area to window area ratios. Inadequate sanitary
20        facilities refers to the absence or inadequacy of
21        garbage storage and enclosure, bathroom facilities,
22        hot water and kitchens, and structural inadequacies
23        preventing ingress and egress to and from all rooms and
24        units within a building.
25            (H) Inadequate utilities. Underground and overhead
26        utilities such as storm sewers and storm drainage,

 

 

10000SB0001ham002- 50 -LRB100 06371 MLM 27378 a

1        sanitary sewers, water lines, and gas, telephone, and
2        electrical services that are shown to be inadequate.
3        Inadequate utilities are those that are: (i) of
4        insufficient capacity to serve the uses in the
5        redevelopment project area, (ii) deteriorated,
6        antiquated, obsolete, or in disrepair, or (iii)
7        lacking within the redevelopment project area.
8            (I) Excessive land coverage and overcrowding of
9        structures and community facilities. The
10        over-intensive use of property and the crowding of
11        buildings and accessory facilities onto a site.
12        Examples of problem conditions warranting the
13        designation of an area as one exhibiting excessive land
14        coverage are: (i) the presence of buildings either
15        improperly situated on parcels or located on parcels of
16        inadequate size and shape in relation to present-day
17        standards of development for health and safety and (ii)
18        the presence of multiple buildings on a single parcel.
19        For there to be a finding of excessive land coverage,
20        these parcels must exhibit one or more of the following
21        conditions: insufficient provision for light and air
22        within or around buildings, increased threat of spread
23        of fire due to the close proximity of buildings, lack
24        of adequate or proper access to a public right-of-way,
25        lack of reasonably required off-street parking, or
26        inadequate provision for loading and service.

 

 

10000SB0001ham002- 51 -LRB100 06371 MLM 27378 a

1            (J) Deleterious land use or layout. The existence
2        of incompatible land-use relationships, buildings
3        occupied by inappropriate mixed-uses, or uses
4        considered to be noxious, offensive, or unsuitable for
5        the surrounding area.
6            (K) Environmental clean-up. The proposed
7        redevelopment project area has incurred Illinois
8        Environmental Protection Agency or United States
9        Environmental Protection Agency remediation costs for,
10        or a study conducted by an independent consultant
11        recognized as having expertise in environmental
12        remediation has determined a need for, the clean-up of
13        hazardous waste, hazardous substances, or underground
14        storage tanks required by State or federal law,
15        provided that the remediation costs constitute a
16        material impediment to the development or
17        redevelopment of the redevelopment project area.
18            (L) Lack of community planning. The proposed
19        redevelopment project area was developed prior to or
20        without the benefit or guidance of a community plan.
21        This means that the development occurred prior to the
22        adoption by the municipality of a comprehensive or
23        other community plan or that the plan was not followed
24        at the time of the area's development. This factor must
25        be documented by evidence of adverse or incompatible
26        land-use relationships, inadequate street layout,

 

 

10000SB0001ham002- 52 -LRB100 06371 MLM 27378 a

1        improper subdivision, parcels of inadequate shape and
2        size to meet contemporary development standards, or
3        other evidence demonstrating an absence of effective
4        community planning.
5            (M) The total equalized assessed value of the
6        proposed redevelopment project area has declined for 3
7        of the last 5 calendar years prior to the year in which
8        the redevelopment project area is designated or is
9        increasing at an annual rate that is less than the
10        balance of the municipality for 3 of the last 5
11        calendar years for which information is available or is
12        increasing at an annual rate that is less than the
13        Consumer Price Index for All Urban Consumers published
14        by the United States Department of Labor or successor
15        agency for 3 of the last 5 calendar years prior to the
16        year in which the redevelopment project area is
17        designated.
18        (2) If vacant, the sound growth of the redevelopment
19    project area is impaired by a combination of 2 or more of
20    the following factors, each of which is (i) present, with
21    that presence documented, to a meaningful extent so that a
22    municipality may reasonably find that the factor is clearly
23    present within the intent of the Act and (ii) reasonably
24    distributed throughout the vacant part of the
25    redevelopment project area to which it pertains:
26            (A) Obsolete platting of vacant land that results

 

 

10000SB0001ham002- 53 -LRB100 06371 MLM 27378 a

1        in parcels of limited or narrow size or configurations
2        of parcels of irregular size or shape that would be
3        difficult to develop on a planned basis and in a manner
4        compatible with contemporary standards and
5        requirements, or platting that failed to create
6        rights-of-ways for streets or alleys or that created
7        inadequate right-of-way widths for streets, alleys, or
8        other public rights-of-way or that omitted easements
9        for public utilities.
10            (B) Diversity of ownership of parcels of vacant
11        land sufficient in number to retard or impede the
12        ability to assemble the land for development.
13            (C) Tax and special assessment delinquencies exist
14        or the property has been the subject of tax sales under
15        the Property Tax Code within the last 5 years.
16            (D) Deterioration of structures or site
17        improvements in neighboring areas adjacent to the
18        vacant land.
19            (E) The area has incurred Illinois Environmental
20        Protection Agency or United States Environmental
21        Protection Agency remediation costs for, or a study
22        conducted by an independent consultant recognized as
23        having expertise in environmental remediation has
24        determined a need for, the clean-up of hazardous waste,
25        hazardous substances, or underground storage tanks
26        required by State or federal law, provided that the

 

 

10000SB0001ham002- 54 -LRB100 06371 MLM 27378 a

1        remediation costs constitute a material impediment to
2        the development or redevelopment of the redevelopment
3        project area.
4            (F) The total equalized assessed value of the
5        proposed redevelopment project area has declined for 3
6        of the last 5 calendar years prior to the year in which
7        the redevelopment project area is designated or is
8        increasing at an annual rate that is less than the
9        balance of the municipality for 3 of the last 5
10        calendar years for which information is available or is
11        increasing at an annual rate that is less than the
12        Consumer Price Index for All Urban Consumers published
13        by the United States Department of Labor or successor
14        agency for 3 of the last 5 calendar years prior to the
15        year in which the redevelopment project area is
16        designated.
17        (3) If vacant, the sound growth of the redevelopment
18    project area is impaired by one of the following factors
19    that (i) is present, with that presence documented, to a
20    meaningful extent so that a municipality may reasonably
21    find that the factor is clearly present within the intent
22    of the Act and (ii) is reasonably distributed throughout
23    the vacant part of the redevelopment project area to which
24    it pertains:
25            (A) The area consists of one or more unused
26        quarries, mines, or strip mine ponds.

 

 

10000SB0001ham002- 55 -LRB100 06371 MLM 27378 a

1            (B) The area consists of unused rail yards, rail
2        tracks, or railroad rights-of-way.
3            (C) The area, prior to its designation, is subject
4        to (i) chronic flooding that adversely impacts on real
5        property in the area as certified by a registered
6        professional engineer or appropriate regulatory agency
7        or (ii) surface water that discharges from all or a
8        part of the area and contributes to flooding within the
9        same watershed, but only if the redevelopment project
10        provides for facilities or improvements to contribute
11        to the alleviation of all or part of the flooding.
12            (D) The area consists of an unused or illegal
13        disposal site containing earth, stone, building
14        debris, or similar materials that were removed from
15        construction, demolition, excavation, or dredge sites.
16            (E) Prior to November 1, 1999, the area is not less
17        than 50 nor more than 100 acres and 75% of which is
18        vacant (notwithstanding that the area has been used for
19        commercial agricultural purposes within 5 years prior
20        to the designation of the redevelopment project area),
21        and the area meets at least one of the factors itemized
22        in paragraph (1) of this subsection, the area has been
23        designated as a town or village center by ordinance or
24        comprehensive plan adopted prior to January 1, 1982,
25        and the area has not been developed for that designated
26        purpose.

 

 

10000SB0001ham002- 56 -LRB100 06371 MLM 27378 a

1            (F) The area qualified as a blighted improved area
2        immediately prior to becoming vacant, unless there has
3        been substantial private investment in the immediately
4        surrounding area.
5    (b) For any redevelopment project area that has been
6designated pursuant to this Section by an ordinance adopted
7prior to November 1, 1999 (the effective date of Public Act
891-478), "conservation area" shall have the meaning set forth
9in this Section prior to that date.
10    On and after November 1, 1999, "conservation area" means
11any improved area within the boundaries of a redevelopment
12project area located within the territorial limits of the
13municipality in which 50% or more of the structures in the area
14have an age of 35 years or more. Such an area is not yet a
15blighted area but because of a combination of 3 or more of the
16following factors is detrimental to the public safety, health,
17morals or welfare and such an area may become a blighted area:
18        (1) Dilapidation. An advanced state of disrepair or
19    neglect of necessary repairs to the primary structural
20    components of buildings or improvements in such a
21    combination that a documented building condition analysis
22    determines that major repair is required or the defects are
23    so serious and so extensive that the buildings must be
24    removed.
25        (2) Obsolescence. The condition or process of falling
26    into disuse. Structures have become ill-suited for the

 

 

10000SB0001ham002- 57 -LRB100 06371 MLM 27378 a

1    original use.
2        (3) Deterioration. With respect to buildings, defects
3    including, but not limited to, major defects in the
4    secondary building components such as doors, windows,
5    porches, gutters and downspouts, and fascia. With respect
6    to surface improvements, that the condition of roadways,
7    alleys, curbs, gutters, sidewalks, off-street parking, and
8    surface storage areas evidence deterioration, including,
9    but not limited to, surface cracking, crumbling, potholes,
10    depressions, loose paving material, and weeds protruding
11    through paved surfaces.
12        (4) Presence of structures below minimum code
13    standards. All structures that do not meet the standards of
14    zoning, subdivision, building, fire, and other
15    governmental codes applicable to property, but not
16    including housing and property maintenance codes.
17        (5) Illegal use of individual structures. The use of
18    structures in violation of applicable federal, State, or
19    local laws, exclusive of those applicable to the presence
20    of structures below minimum code standards.
21        (6) Excessive vacancies. The presence of buildings
22    that are unoccupied or under-utilized and that represent an
23    adverse influence on the area because of the frequency,
24    extent, or duration of the vacancies.
25        (7) Lack of ventilation, light, or sanitary
26    facilities. The absence of adequate ventilation for light

 

 

10000SB0001ham002- 58 -LRB100 06371 MLM 27378 a

1    or air circulation in spaces or rooms without windows, or
2    that require the removal of dust, odor, gas, smoke, or
3    other noxious airborne materials. Inadequate natural light
4    and ventilation means the absence or inadequacy of
5    skylights or windows for interior spaces or rooms and
6    improper window sizes and amounts by room area to window
7    area ratios. Inadequate sanitary facilities refers to the
8    absence or inadequacy of garbage storage and enclosure,
9    bathroom facilities, hot water and kitchens, and
10    structural inadequacies preventing ingress and egress to
11    and from all rooms and units within a building.
12        (8) Inadequate utilities. Underground and overhead
13    utilities such as storm sewers and storm drainage, sanitary
14    sewers, water lines, and gas, telephone, and electrical
15    services that are shown to be inadequate. Inadequate
16    utilities are those that are: (i) of insufficient capacity
17    to serve the uses in the redevelopment project area, (ii)
18    deteriorated, antiquated, obsolete, or in disrepair, or
19    (iii) lacking within the redevelopment project area.
20        (9) Excessive land coverage and overcrowding of
21    structures and community facilities. The over-intensive
22    use of property and the crowding of buildings and accessory
23    facilities onto a site. Examples of problem conditions
24    warranting the designation of an area as one exhibiting
25    excessive land coverage are: the presence of buildings
26    either improperly situated on parcels or located on parcels

 

 

10000SB0001ham002- 59 -LRB100 06371 MLM 27378 a

1    of inadequate size and shape in relation to present-day
2    standards of development for health and safety and the
3    presence of multiple buildings on a single parcel. For
4    there to be a finding of excessive land coverage, these
5    parcels must exhibit one or more of the following
6    conditions: insufficient provision for light and air
7    within or around buildings, increased threat of spread of
8    fire due to the close proximity of buildings, lack of
9    adequate or proper access to a public right-of-way, lack of
10    reasonably required off-street parking, or inadequate
11    provision for loading and service.
12        (10) Deleterious land use or layout. The existence of
13    incompatible land-use relationships, buildings occupied by
14    inappropriate mixed-uses, or uses considered to be
15    noxious, offensive, or unsuitable for the surrounding
16    area.
17        (11) Lack of community planning. The proposed
18    redevelopment project area was developed prior to or
19    without the benefit or guidance of a community plan. This
20    means that the development occurred prior to the adoption
21    by the municipality of a comprehensive or other community
22    plan or that the plan was not followed at the time of the
23    area's development. This factor must be documented by
24    evidence of adverse or incompatible land-use
25    relationships, inadequate street layout, improper
26    subdivision, parcels of inadequate shape and size to meet

 

 

10000SB0001ham002- 60 -LRB100 06371 MLM 27378 a

1    contemporary development standards, or other evidence
2    demonstrating an absence of effective community planning.
3        (12) The area has incurred Illinois Environmental
4    Protection Agency or United States Environmental
5    Protection Agency remediation costs for, or a study
6    conducted by an independent consultant recognized as
7    having expertise in environmental remediation has
8    determined a need for, the clean-up of hazardous waste,
9    hazardous substances, or underground storage tanks
10    required by State or federal law, provided that the
11    remediation costs constitute a material impediment to the
12    development or redevelopment of the redevelopment project
13    area.
14        (13) The total equalized assessed value of the proposed
15    redevelopment project area has declined for 3 of the last 5
16    calendar years for which information is available or is
17    increasing at an annual rate that is less than the balance
18    of the municipality for 3 of the last 5 calendar years for
19    which information is available or is increasing at an
20    annual rate that is less than the Consumer Price Index for
21    All Urban Consumers published by the United States
22    Department of Labor or successor agency for 3 of the last 5
23    calendar years for which information is available.
24    (c) "Industrial park" means an area in a blighted or
25conservation area suitable for use by any manufacturing,
26industrial, research or transportation enterprise, of

 

 

10000SB0001ham002- 61 -LRB100 06371 MLM 27378 a

1facilities to include but not be limited to factories, mills,
2processing plants, assembly plants, packing plants,
3fabricating plants, industrial distribution centers,
4warehouses, repair overhaul or service facilities, freight
5terminals, research facilities, test facilities or railroad
6facilities.
7    (d) "Industrial park conservation area" means an area
8within the boundaries of a redevelopment project area located
9within the territorial limits of a municipality that is a labor
10surplus municipality or within 1 1/2 miles of the territorial
11limits of a municipality that is a labor surplus municipality
12if the area is annexed to the municipality; which area is zoned
13as industrial no later than at the time the municipality by
14ordinance designates the redevelopment project area, and which
15area includes both vacant land suitable for use as an
16industrial park and a blighted area or conservation area
17contiguous to such vacant land.
18    (e) "Labor surplus municipality" means a municipality in
19which, at any time during the 6 months before the municipality
20by ordinance designates an industrial park conservation area,
21the unemployment rate was over 6% and was also 100% or more of
22the national average unemployment rate for that same time as
23published in the United States Department of Labor Bureau of
24Labor Statistics publication entitled "The Employment
25Situation" or its successor publication. For the purpose of
26this subsection, if unemployment rate statistics for the

 

 

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1municipality are not available, the unemployment rate in the
2municipality shall be deemed to be the same as the unemployment
3rate in the principal county in which the municipality is
4located.
5    (f) "Municipality" shall mean a city, village,
6incorporated town, or a township that is located in the
7unincorporated portion of a county with 3 million or more
8inhabitants, if the county adopted an ordinance that approved
9the township's redevelopment plan.
10    (g) "Initial Sales Tax Amounts" means the amount of taxes
11paid under the Retailers' Occupation Tax Act, Use Tax Act,
12Service Use Tax Act, the Service Occupation Tax Act, the
13Municipal Retailers' Occupation Tax Act, and the Municipal
14Service Occupation Tax Act by retailers and servicemen on
15transactions at places located in a State Sales Tax Boundary
16during the calendar year 1985.
17    (g-1) "Revised Initial Sales Tax Amounts" means the amount
18of taxes paid under the Retailers' Occupation Tax Act, Use Tax
19Act, Service Use Tax Act, the Service Occupation Tax Act, the
20Municipal Retailers' Occupation Tax Act, and the Municipal
21Service Occupation Tax Act by retailers and servicemen on
22transactions at places located within the State Sales Tax
23Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
24    (h) "Municipal Sales Tax Increment" means an amount equal
25to the increase in the aggregate amount of taxes paid to a
26municipality from the Local Government Tax Fund arising from

 

 

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1sales by retailers and servicemen within the redevelopment
2project area or State Sales Tax Boundary, as the case may be,
3for as long as the redevelopment project area or State Sales
4Tax Boundary, as the case may be, exist over and above the
5aggregate amount of taxes as certified by the Illinois
6Department of Revenue and paid under the Municipal Retailers'
7Occupation Tax Act and the Municipal Service Occupation Tax Act
8by retailers and servicemen, on transactions at places of
9business located in the redevelopment project area or State
10Sales Tax Boundary, as the case may be, during the base year
11which shall be the calendar year immediately prior to the year
12in which the municipality adopted tax increment allocation
13financing. For purposes of computing the aggregate amount of
14such taxes for base years occurring prior to 1985, the
15Department of Revenue shall determine the Initial Sales Tax
16Amounts for such taxes and deduct therefrom an amount equal to
174% of the aggregate amount of taxes per year for each year the
18base year is prior to 1985, but not to exceed a total deduction
19of 12%. The amount so determined shall be known as the
20"Adjusted Initial Sales Tax Amounts". For purposes of
21determining the Municipal Sales Tax Increment, the Department
22of Revenue shall for each period subtract from the amount paid
23to the municipality from the Local Government Tax Fund arising
24from sales by retailers and servicemen on transactions located
25in the redevelopment project area or the State Sales Tax
26Boundary, as the case may be, the certified Initial Sales Tax

 

 

10000SB0001ham002- 64 -LRB100 06371 MLM 27378 a

1Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
2Initial Sales Tax Amounts for the Municipal Retailers'
3Occupation Tax Act and the Municipal Service Occupation Tax
4Act. For the State Fiscal Year 1989, this calculation shall be
5made by utilizing the calendar year 1987 to determine the tax
6amounts received. For the State Fiscal Year 1990, this
7calculation shall be made by utilizing the period from January
81, 1988, until September 30, 1988, to determine the tax amounts
9received from retailers and servicemen pursuant to the
10Municipal Retailers' Occupation Tax and the Municipal Service
11Occupation Tax Act, which shall have deducted therefrom
12nine-twelfths of the certified Initial Sales Tax Amounts, the
13Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
14Tax Amounts as appropriate. For the State Fiscal Year 1991,
15this calculation shall be made by utilizing the period from
16October 1, 1988, to June 30, 1989, to determine the tax amounts
17received from retailers and servicemen pursuant to the
18Municipal Retailers' Occupation Tax and the Municipal Service
19Occupation Tax Act which shall have deducted therefrom
20nine-twelfths of the certified Initial Sales Tax Amounts,
21Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
22Tax Amounts as appropriate. For every State Fiscal Year
23thereafter, the applicable period shall be the 12 months
24beginning July 1 and ending June 30 to determine the tax
25amounts received which shall have deducted therefrom the
26certified Initial Sales Tax Amounts, the Adjusted Initial Sales

 

 

10000SB0001ham002- 65 -LRB100 06371 MLM 27378 a

1Tax Amounts or the Revised Initial Sales Tax Amounts, as the
2case may be.
3    (i) "Net State Sales Tax Increment" means the sum of the
4following: (a) 80% of the first $100,000 of State Sales Tax
5Increment annually generated within a State Sales Tax Boundary;
6(b) 60% of the amount in excess of $100,000 but not exceeding
7$500,000 of State Sales Tax Increment annually generated within
8a State Sales Tax Boundary; and (c) 40% of all amounts in
9excess of $500,000 of State Sales Tax Increment annually
10generated within a State Sales Tax Boundary. If, however, a
11municipality established a tax increment financing district in
12a county with a population in excess of 3,000,000 before
13January 1, 1986, and the municipality entered into a contract
14or issued bonds after January 1, 1986, but before December 31,
151986, to finance redevelopment project costs within a State
16Sales Tax Boundary, then the Net State Sales Tax Increment
17means, for the fiscal years beginning July 1, 1990, and July 1,
181991, 100% of the State Sales Tax Increment annually generated
19within a State Sales Tax Boundary; and notwithstanding any
20other provision of this Act, for those fiscal years the
21Department of Revenue shall distribute to those municipalities
22100% of their Net State Sales Tax Increment before any
23distribution to any other municipality and regardless of
24whether or not those other municipalities will receive 100% of
25their Net State Sales Tax Increment. For Fiscal Year 1999, and
26every year thereafter until the year 2007, for any municipality

 

 

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1that has not entered into a contract or has not issued bonds
2prior to June 1, 1988 to finance redevelopment project costs
3within a State Sales Tax Boundary, the Net State Sales Tax
4Increment shall be calculated as follows: By multiplying the
5Net State Sales Tax Increment by 90% in the State Fiscal Year
61999; 80% in the State Fiscal Year 2000; 70% in the State
7Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
8State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
9in the State Fiscal Year 2005; 20% in the State Fiscal Year
102006; and 10% in the State Fiscal Year 2007. No payment shall
11be made for State Fiscal Year 2008 and thereafter.
12    Municipalities that issued bonds in connection with a
13redevelopment project in a redevelopment project area within
14the State Sales Tax Boundary prior to July 29, 1991, or that
15entered into contracts in connection with a redevelopment
16project in a redevelopment project area before June 1, 1988,
17shall continue to receive their proportional share of the
18Illinois Tax Increment Fund distribution until the date on
19which the redevelopment project is completed or terminated. If,
20however, a municipality that issued bonds in connection with a
21redevelopment project in a redevelopment project area within
22the State Sales Tax Boundary prior to July 29, 1991 retires the
23bonds prior to June 30, 2007 or a municipality that entered
24into contracts in connection with a redevelopment project in a
25redevelopment project area before June 1, 1988 completes the
26contracts prior to June 30, 2007, then so long as the

 

 

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1redevelopment project is not completed or is not terminated,
2the Net State Sales Tax Increment shall be calculated,
3beginning on the date on which the bonds are retired or the
4contracts are completed, as follows: By multiplying the Net
5State Sales Tax Increment by 60% in the State Fiscal Year 2002;
650% in the State Fiscal Year 2003; 40% in the State Fiscal Year
72004; 30% in the State Fiscal Year 2005; 20% in the State
8Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
9payment shall be made for State Fiscal Year 2008 and
10thereafter. Refunding of any bonds issued prior to July 29,
111991, shall not alter the Net State Sales Tax Increment.
12    (j) "State Utility Tax Increment Amount" means an amount
13equal to the aggregate increase in State electric and gas tax
14charges imposed on owners and tenants, other than residential
15customers, of properties located within the redevelopment
16project area under Section 9-222 of the Public Utilities Act,
17over and above the aggregate of such charges as certified by
18the Department of Revenue and paid by owners and tenants, other
19than residential customers, of properties within the
20redevelopment project area during the base year, which shall be
21the calendar year immediately prior to the year of the adoption
22of the ordinance authorizing tax increment allocation
23financing.
24    (k) "Net State Utility Tax Increment" means the sum of the
25following: (a) 80% of the first $100,000 of State Utility Tax
26Increment annually generated by a redevelopment project area;

 

 

10000SB0001ham002- 68 -LRB100 06371 MLM 27378 a

1(b) 60% of the amount in excess of $100,000 but not exceeding
2$500,000 of the State Utility Tax Increment annually generated
3by a redevelopment project area; and (c) 40% of all amounts in
4excess of $500,000 of State Utility Tax Increment annually
5generated by a redevelopment project area. For the State Fiscal
6Year 1999, and every year thereafter until the year 2007, for
7any municipality that has not entered into a contract or has
8not issued bonds prior to June 1, 1988 to finance redevelopment
9project costs within a redevelopment project area, the Net
10State Utility Tax Increment shall be calculated as follows: By
11multiplying the Net State Utility Tax Increment by 90% in the
12State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%
13in the State Fiscal Year 2001; 60% in the State Fiscal Year
142002; 50% in the State Fiscal Year 2003; 40% in the State
15Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
16State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
17No payment shall be made for the State Fiscal Year 2008 and
18thereafter.
19    Municipalities that issue bonds in connection with the
20redevelopment project during the period from June 1, 1988 until
213 years after the effective date of this Amendatory Act of 1988
22shall receive the Net State Utility Tax Increment, subject to
23appropriation, for 15 State Fiscal Years after the issuance of
24such bonds. For the 16th through the 20th State Fiscal Years
25after issuance of the bonds, the Net State Utility Tax
26Increment shall be calculated as follows: By multiplying the

 

 

10000SB0001ham002- 69 -LRB100 06371 MLM 27378 a

1Net State Utility Tax Increment by 90% in year 16; 80% in year
217; 70% in year 18; 60% in year 19; and 50% in year 20.
3Refunding of any bonds issued prior to June 1, 1988, shall not
4alter the revised Net State Utility Tax Increment payments set
5forth above.
6    (l) "Obligations" mean bonds, loans, debentures, notes,
7special certificates or other evidence of indebtedness issued
8by the municipality to carry out a redevelopment project or to
9refund outstanding obligations.
10    (m) "Payment in lieu of taxes" means those estimated tax
11revenues from real property in a redevelopment project area
12derived from real property that has been acquired by a
13municipality which according to the redevelopment project or
14plan is to be used for a private use which taxing districts
15would have received had a municipality not acquired the real
16property and adopted tax increment allocation financing and
17which would result from levies made after the time of the
18adoption of tax increment allocation financing to the time the
19current equalized value of real property in the redevelopment
20project area exceeds the total initial equalized value of real
21property in said area.
22    (n) "Redevelopment plan" means the comprehensive program
23of the municipality for development or redevelopment intended
24by the payment of redevelopment project costs to reduce or
25eliminate those conditions the existence of which qualified the
26redevelopment project area as a "blighted area" or

 

 

10000SB0001ham002- 70 -LRB100 06371 MLM 27378 a

1"conservation area" or combination thereof or "industrial park
2conservation area," and thereby to enhance the tax bases of the
3taxing districts which extend into the redevelopment project
4area, provided that, with respect to redevelopment project
5areas described in subsections (p-1) and (p-2), "redevelopment
6plan" means the comprehensive program of the affected
7municipality for the development of qualifying transit
8facilities. On and after November 1, 1999 (the effective date
9of Public Act 91-478), no redevelopment plan may be approved or
10amended that includes the development of vacant land (i) with a
11golf course and related clubhouse and other facilities or (ii)
12designated by federal, State, county, or municipal government
13as public land for outdoor recreational activities or for
14nature preserves and used for that purpose within 5 years prior
15to the adoption of the redevelopment plan. For the purpose of
16this subsection, "recreational activities" is limited to mean
17camping and hunting. Each redevelopment plan shall set forth in
18writing the program to be undertaken to accomplish the
19objectives and shall include but not be limited to:
20        (A) an itemized list of estimated redevelopment
21    project costs;
22        (B) evidence indicating that the redevelopment project
23    area on the whole has not been subject to growth and
24    development through investment by private enterprise,
25    provided that such evidence shall not be required for any
26    redevelopment project area located within a transit

 

 

10000SB0001ham002- 71 -LRB100 06371 MLM 27378 a

1    facility improvement area established pursuant to Section
2    11-74.4-3.3;
3        (C) an assessment of any financial impact of the
4    redevelopment project area on or any increased demand for
5    services from any taxing district affected by the plan and
6    any program to address such financial impact or increased
7    demand;
8        (D) the sources of funds to pay costs;
9        (E) the nature and term of the obligations to be
10    issued;
11        (F) the most recent equalized assessed valuation of the
12    redevelopment project area;
13        (G) an estimate as to the equalized assessed valuation
14    after redevelopment and the general land uses to apply in
15    the redevelopment project area;
16        (H) a commitment to fair employment practices and an
17    affirmative action plan;
18        (I) if it concerns an industrial park conservation
19    area, the plan shall also include a general description of
20    any proposed developer, user and tenant of any property, a
21    description of the type, structure and general character of
22    the facilities to be developed, a description of the type,
23    class and number of new employees to be employed in the
24    operation of the facilities to be developed; and
25        (J) if property is to be annexed to the municipality,
26    the plan shall include the terms of the annexation

 

 

10000SB0001ham002- 72 -LRB100 06371 MLM 27378 a

1    agreement.
2    The provisions of items (B) and (C) of this subsection (n)
3shall not apply to a municipality that before March 14, 1994
4(the effective date of Public Act 88-537) had fixed, either by
5its corporate authorities or by a commission designated under
6subsection (k) of Section 11-74.4-4, a time and place for a
7public hearing as required by subsection (a) of Section
811-74.4-5. No redevelopment plan shall be adopted unless a
9municipality complies with all of the following requirements:
10        (1) The municipality finds that the redevelopment
11    project area on the whole has not been subject to growth
12    and development through investment by private enterprise
13    and would not reasonably be anticipated to be developed
14    without the adoption of the redevelopment plan, provided,
15    however, that such a finding shall not be required with
16    respect to any redevelopment project area located within a
17    transit facility improvement area established pursuant to
18    Section 11-74.4-3.3.
19        (2) The municipality finds that the redevelopment plan
20    and project conform to the comprehensive plan for the
21    development of the municipality as a whole, or, for
22    municipalities with a population of 100,000 or more,
23    regardless of when the redevelopment plan and project was
24    adopted, the redevelopment plan and project either: (i)
25    conforms to the strategic economic development or
26    redevelopment plan issued by the designated planning

 

 

10000SB0001ham002- 73 -LRB100 06371 MLM 27378 a

1    authority of the municipality, or (ii) includes land uses
2    that have been approved by the planning commission of the
3    municipality.
4        (3) The redevelopment plan establishes the estimated
5    dates of completion of the redevelopment project and
6    retirement of obligations issued to finance redevelopment
7    project costs. Those dates may not be later than the dates
8    set forth under Section 11-74.4-3.5.
9        A municipality may by municipal ordinance amend an
10    existing redevelopment plan to conform to this paragraph
11    (3) as amended by Public Act 91-478, which municipal
12    ordinance may be adopted without further hearing or notice
13    and without complying with the procedures provided in this
14    Act pertaining to an amendment to or the initial approval
15    of a redevelopment plan and project and designation of a
16    redevelopment project area.
17        (3.5) The municipality finds, in the case of an
18    industrial park conservation area, also that the
19    municipality is a labor surplus municipality and that the
20    implementation of the redevelopment plan will reduce
21    unemployment, create new jobs and by the provision of new
22    facilities enhance the tax base of the taxing districts
23    that extend into the redevelopment project area.
24        (4) If any incremental revenues are being utilized
25    under Section 8(a)(1) or 8(a)(2) of this Act in
26    redevelopment project areas approved by ordinance after

 

 

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1    January 1, 1986, the municipality finds: (a) that the
2    redevelopment project area would not reasonably be
3    developed without the use of such incremental revenues, and
4    (b) that such incremental revenues will be exclusively
5    utilized for the development of the redevelopment project
6    area.
7        (5) If: (a) the redevelopment plan will not result in
8    displacement of residents from 10 or more inhabited
9    residential units, and the municipality certifies in the
10    plan that such displacement will not result from the plan;
11    or (b) the redevelopment plan is for a redevelopment
12    project area located within a transit facility improvement
13    area established pursuant to Section 11-74.4-3.3, and the
14    applicable project is subject to the process for evaluation
15    of environmental effects under the National Environmental
16    Policy Act of 1969, 42 U.S.C. § 4321 et seq., then a
17    housing impact study need not be performed. If, however,
18    the redevelopment plan would result in the displacement of
19    residents from 10 or more inhabited residential units, or
20    if the redevelopment project area contains 75 or more
21    inhabited residential units and no certification is made,
22    then the municipality shall prepare, as part of the
23    separate feasibility report required by subsection (a) of
24    Section 11-74.4-5, a housing impact study.
25        Part I of the housing impact study shall include (i)
26    data as to whether the residential units are single family

 

 

10000SB0001ham002- 75 -LRB100 06371 MLM 27378 a

1    or multi-family units, (ii) the number and type of rooms
2    within the units, if that information is available, (iii)
3    whether the units are inhabited or uninhabited, as
4    determined not less than 45 days before the date that the
5    ordinance or resolution required by subsection (a) of
6    Section 11-74.4-5 is passed, and (iv) data as to the racial
7    and ethnic composition of the residents in the inhabited
8    residential units. The data requirement as to the racial
9    and ethnic composition of the residents in the inhabited
10    residential units shall be deemed to be fully satisfied by
11    data from the most recent federal census.
12        Part II of the housing impact study shall identify the
13    inhabited residential units in the proposed redevelopment
14    project area that are to be or may be removed. If inhabited
15    residential units are to be removed, then the housing
16    impact study shall identify (i) the number and location of
17    those units that will or may be removed, (ii) the
18    municipality's plans for relocation assistance for those
19    residents in the proposed redevelopment project area whose
20    residences are to be removed, (iii) the availability of
21    replacement housing for those residents whose residences
22    are to be removed, and shall identify the type, location,
23    and cost of the housing, and (iv) the type and extent of
24    relocation assistance to be provided.
25        (6) On and after November 1, 1999, the housing impact
26    study required by paragraph (5) shall be incorporated in

 

 

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1    the redevelopment plan for the redevelopment project area.
2        (7) On and after November 1, 1999, no redevelopment
3    plan shall be adopted, nor an existing plan amended, nor
4    shall residential housing that is occupied by households of
5    low-income and very low-income persons in currently
6    existing redevelopment project areas be removed after
7    November 1, 1999 unless the redevelopment plan provides,
8    with respect to inhabited housing units that are to be
9    removed for households of low-income and very low-income
10    persons, affordable housing and relocation assistance not
11    less than that which would be provided under the federal
12    Uniform Relocation Assistance and Real Property
13    Acquisition Policies Act of 1970 and the regulations under
14    that Act, including the eligibility criteria. Affordable
15    housing may be either existing or newly constructed
16    housing. For purposes of this paragraph (7), "low-income
17    households", "very low-income households", and "affordable
18    housing" have the meanings set forth in the Illinois
19    Affordable Housing Act. The municipality shall make a good
20    faith effort to ensure that this affordable housing is
21    located in or near the redevelopment project area within
22    the municipality.
23        (8) On and after November 1, 1999, if, after the
24    adoption of the redevelopment plan for the redevelopment
25    project area, any municipality desires to amend its
26    redevelopment plan to remove more inhabited residential

 

 

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1    units than specified in its original redevelopment plan,
2    that change shall be made in accordance with the procedures
3    in subsection (c) of Section 11-74.4-5.
4        (9) For redevelopment project areas designated prior
5    to November 1, 1999, the redevelopment plan may be amended
6    without further joint review board meeting or hearing,
7    provided that the municipality shall give notice of any
8    such changes by mail to each affected taxing district and
9    registrant on the interested party registry, to authorize
10    the municipality to expend tax increment revenues for
11    redevelopment project costs defined by paragraphs (5) and
12    (7.5), subparagraphs (E) and (F) of paragraph (11), and
13    paragraph (11.5) of subsection (q) of Section 11-74.4-3, so
14    long as the changes do not increase the total estimated
15    redevelopment project costs set out in the redevelopment
16    plan by more than 5% after adjustment for inflation from
17    the date the plan was adopted.
18    (o) "Redevelopment project" means any public and private
19development project in furtherance of the objectives of a
20redevelopment plan. On and after November 1, 1999 (the
21effective date of Public Act 91-478), no redevelopment plan may
22be approved or amended that includes the development of vacant
23land (i) with a golf course and related clubhouse and other
24facilities or (ii) designated by federal, State, county, or
25municipal government as public land for outdoor recreational
26activities or for nature preserves and used for that purpose

 

 

10000SB0001ham002- 78 -LRB100 06371 MLM 27378 a

1within 5 years prior to the adoption of the redevelopment plan.
2For the purpose of this subsection, "recreational activities"
3is limited to mean camping and hunting.
4    (p) "Redevelopment project area" means an area designated
5by the municipality, which is not less in the aggregate than 1
61/2 acres and in respect to which the municipality has made a
7finding that there exist conditions which cause the area to be
8classified as an industrial park conservation area or a
9blighted area or a conservation area, or a combination of both
10blighted areas and conservation areas.
11    (p-1) Notwithstanding any provision of this Act to the
12contrary, on and after August 25, 2009 (the effective date of
13Public Act 96-680), a redevelopment project area may include
14areas within a one-half mile radius of an existing or proposed
15Regional Transportation Authority Suburban Transit Access
16Route (STAR Line) station without a finding that the area is
17classified as an industrial park conservation area, a blighted
18area, a conservation area, or a combination thereof, but only
19if the municipality receives unanimous consent from the joint
20review board created to review the proposed redevelopment
21project area.
22    (p-2) Notwithstanding any provision of this Act to the
23contrary, on and after the effective date of this amendatory
24Act of the 99th General Assembly, a redevelopment project area
25may include areas within a transit facility improvement area
26that has been established pursuant to Section 11-74.4-3.3

 

 

10000SB0001ham002- 79 -LRB100 06371 MLM 27378 a

1without a finding that the area is classified as an industrial
2park conservation area, a blighted area, a conservation area,
3or any combination thereof.
4    (q) "Redevelopment project costs", except for
5redevelopment project areas created pursuant to subsection
6subsections (p-1) or (p-2), means and includes the sum total of
7all reasonable or necessary costs incurred or estimated to be
8incurred, and any such costs incidental to a redevelopment plan
9and a redevelopment project. Such costs include, without
10limitation, the following:
11        (1) Costs of studies, surveys, development of plans,
12    and specifications, implementation and administration of
13    the redevelopment plan including but not limited to staff
14    and professional service costs for architectural,
15    engineering, legal, financial, planning or other services,
16    provided however that no charges for professional services
17    may be based on a percentage of the tax increment
18    collected; except that on and after November 1, 1999 (the
19    effective date of Public Act 91-478), no contracts for
20    professional services, excluding architectural and
21    engineering services, may be entered into if the terms of
22    the contract extend beyond a period of 3 years. In
23    addition, "redevelopment project costs" shall not include
24    lobbying expenses. After consultation with the
25    municipality, each tax increment consultant or advisor to a
26    municipality that plans to designate or has designated a

 

 

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1    redevelopment project area shall inform the municipality
2    in writing of any contracts that the consultant or advisor
3    has entered into with entities or individuals that have
4    received, or are receiving, payments financed by tax
5    increment revenues produced by the redevelopment project
6    area with respect to which the consultant or advisor has
7    performed, or will be performing, service for the
8    municipality. This requirement shall be satisfied by the
9    consultant or advisor before the commencement of services
10    for the municipality and thereafter whenever any other
11    contracts with those individuals or entities are executed
12    by the consultant or advisor;
13        (1.5) After July 1, 1999, annual administrative costs
14    shall not include general overhead or administrative costs
15    of the municipality that would still have been incurred by
16    the municipality if the municipality had not designated a
17    redevelopment project area or approved a redevelopment
18    plan;
19        (1.6) The cost of marketing sites within the
20    redevelopment project area to prospective businesses,
21    developers, and investors;
22        (2) Property assembly costs, including but not limited
23    to acquisition of land and other property, real or
24    personal, or rights or interests therein, demolition of
25    buildings, site preparation, site improvements that serve
26    as an engineered barrier addressing ground level or below

 

 

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1    ground environmental contamination, including, but not
2    limited to parking lots and other concrete or asphalt
3    barriers, and the clearing and grading of land;
4        (3) Costs of rehabilitation, reconstruction or repair
5    or remodeling of existing public or private buildings,
6    fixtures, and leasehold improvements; and the cost of
7    replacing an existing public building if pursuant to the
8    implementation of a redevelopment project the existing
9    public building is to be demolished to use the site for
10    private investment or devoted to a different use requiring
11    private investment; including any direct or indirect costs
12    relating to Green Globes or LEED certified construction
13    elements or construction elements with an equivalent
14    certification;
15        (4) Costs of the construction of public works or
16    improvements, including any direct or indirect costs
17    relating to Green Globes or LEED certified construction
18    elements or construction elements with an equivalent
19    certification, except that on and after November 1, 1999,
20    redevelopment project costs shall not include the cost of
21    constructing a new municipal public building principally
22    used to provide offices, storage space, or conference
23    facilities or vehicle storage, maintenance, or repair for
24    administrative, public safety, or public works personnel
25    and that is not intended to replace an existing public
26    building as provided under paragraph (3) of subsection (q)

 

 

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1    of Section 11-74.4-3 unless either (i) the construction of
2    the new municipal building implements a redevelopment
3    project that was included in a redevelopment plan that was
4    adopted by the municipality prior to November 1, 1999, (ii)
5    the municipality makes a reasonable determination in the
6    redevelopment plan, supported by information that provides
7    the basis for that determination, that the new municipal
8    building is required to meet an increase in the need for
9    public safety purposes anticipated to result from the
10    implementation of the redevelopment plan, or (iii) the new
11    municipal public building is for the storage, maintenance,
12    or repair of transit vehicles and is located in a transit
13    facility improvement area that has been established
14    pursuant to Section 11-74.4-3.3;
15        (5) Costs of job training and retraining projects,
16    including the cost of "welfare to work" programs
17    implemented by businesses located within the redevelopment
18    project area;
19        (6) Financing costs, including but not limited to all
20    necessary and incidental expenses related to the issuance
21    of obligations and which may include payment of interest on
22    any obligations issued hereunder including interest
23    accruing during the estimated period of construction of any
24    redevelopment project for which such obligations are
25    issued and for not exceeding 36 months thereafter and
26    including reasonable reserves related thereto;

 

 

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1        (7) To the extent the municipality by written agreement
2    accepts and approves the same, all or a portion of a taxing
3    district's capital costs resulting from the redevelopment
4    project necessarily incurred or to be incurred within a
5    taxing district in furtherance of the objectives of the
6    redevelopment plan and project; .
7        (7.5) For redevelopment project areas designated (or
8    redevelopment project areas amended to add or increase the
9    number of tax-increment-financing assisted housing units)
10    on or after November 1, 1999, an elementary, secondary, or
11    unit school district's increased costs attributable to
12    assisted housing units located within the redevelopment
13    project area for which the developer or redeveloper
14    receives financial assistance through an agreement with
15    the municipality or because the municipality incurs the
16    cost of necessary infrastructure improvements within the
17    boundaries of the assisted housing sites necessary for the
18    completion of that housing as authorized by this Act, and
19    which costs shall be paid by the municipality from the
20    Special Tax Allocation Fund when the tax increment revenue
21    is received as a result of the assisted housing units and
22    shall be calculated annually as follows:
23            (A) for foundation districts, excluding any school
24        district in a municipality with a population in excess
25        of 1,000,000, by multiplying the district's increase
26        in attendance resulting from the net increase in new

 

 

10000SB0001ham002- 84 -LRB100 06371 MLM 27378 a

1        students enrolled in that school district who reside in
2        housing units within the redevelopment project area
3        that have received financial assistance through an
4        agreement with the municipality or because the
5        municipality incurs the cost of necessary
6        infrastructure improvements within the boundaries of
7        the housing sites necessary for the completion of that
8        housing as authorized by this Act since the designation
9        of the redevelopment project area by the most recently
10        available per capita tuition cost as defined in Section
11        10-20.12a of the School Code less any increase in
12        general State aid as defined in Section 18-8.05 of the
13        School Code or evidence-based funding as defined in
14        Section 18-8.15 of the School Code attributable to
15        these added new students subject to the following
16        annual limitations:
17                (i) for unit school districts with a district
18            average 1995-96 Per Capita Tuition Charge of less
19            than $5,900, no more than 25% of the total amount
20            of property tax increment revenue produced by
21            those housing units that have received tax
22            increment finance assistance under this Act;
23                (ii) for elementary school districts with a
24            district average 1995-96 Per Capita Tuition Charge
25            of less than $5,900, no more than 17% of the total
26            amount of property tax increment revenue produced

 

 

10000SB0001ham002- 85 -LRB100 06371 MLM 27378 a

1            by those housing units that have received tax
2            increment finance assistance under this Act; and
3                (iii) for secondary school districts with a
4            district average 1995-96 Per Capita Tuition Charge
5            of less than $5,900, no more than 8% of the total
6            amount of property tax increment revenue produced
7            by those housing units that have received tax
8            increment finance assistance under this Act.
9            (B) For alternate method districts, flat grant
10        districts, and foundation districts with a district
11        average 1995-96 Per Capita Tuition Charge equal to or
12        more than $5,900, excluding any school district with a
13        population in excess of 1,000,000, by multiplying the
14        district's increase in attendance resulting from the
15        net increase in new students enrolled in that school
16        district who reside in housing units within the
17        redevelopment project area that have received
18        financial assistance through an agreement with the
19        municipality or because the municipality incurs the
20        cost of necessary infrastructure improvements within
21        the boundaries of the housing sites necessary for the
22        completion of that housing as authorized by this Act
23        since the designation of the redevelopment project
24        area by the most recently available per capita tuition
25        cost as defined in Section 10-20.12a of the School Code
26        less any increase in general state aid as defined in

 

 

10000SB0001ham002- 86 -LRB100 06371 MLM 27378 a

1        Section 18-8.05 of the School Code or evidence-based
2        funding as defined in Section 18-8.15 of the School
3        Code attributable to these added new students subject
4        to the following annual limitations:
5                (i) for unit school districts, no more than 40%
6            of the total amount of property tax increment
7            revenue produced by those housing units that have
8            received tax increment finance assistance under
9            this Act;
10                (ii) for elementary school districts, no more
11            than 27% of the total amount of property tax
12            increment revenue produced by those housing units
13            that have received tax increment finance
14            assistance under this Act; and
15                (iii) for secondary school districts, no more
16            than 13% of the total amount of property tax
17            increment revenue produced by those housing units
18            that have received tax increment finance
19            assistance under this Act.
20            (C) For any school district in a municipality with
21        a population in excess of 1,000,000, the following
22        restrictions shall apply to the reimbursement of
23        increased costs under this paragraph (7.5):
24                (i) no increased costs shall be reimbursed
25            unless the school district certifies that each of
26            the schools affected by the assisted housing

 

 

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1            project is at or over its student capacity;
2                (ii) the amount reimbursable shall be reduced
3            by the value of any land donated to the school
4            district by the municipality or developer, and by
5            the value of any physical improvements made to the
6            schools by the municipality or developer; and
7                (iii) the amount reimbursed may not affect
8            amounts otherwise obligated by the terms of any
9            bonds, notes, or other funding instruments, or the
10            terms of any redevelopment agreement.
11        Any school district seeking payment under this
12        paragraph (7.5) shall, after July 1 and before
13        September 30 of each year, provide the municipality
14        with reasonable evidence to support its claim for
15        reimbursement before the municipality shall be
16        required to approve or make the payment to the school
17        district. If the school district fails to provide the
18        information during this period in any year, it shall
19        forfeit any claim to reimbursement for that year.
20        School districts may adopt a resolution waiving the
21        right to all or a portion of the reimbursement
22        otherwise required by this paragraph (7.5). By
23        acceptance of this reimbursement the school district
24        waives the right to directly or indirectly set aside,
25        modify, or contest in any manner the establishment of
26        the redevelopment project area or projects;

 

 

10000SB0001ham002- 88 -LRB100 06371 MLM 27378 a

1        (7.7) For redevelopment project areas designated (or
2    redevelopment project areas amended to add or increase the
3    number of tax-increment-financing assisted housing units)
4    on or after January 1, 2005 (the effective date of Public
5    Act 93-961), a public library district's increased costs
6    attributable to assisted housing units located within the
7    redevelopment project area for which the developer or
8    redeveloper receives financial assistance through an
9    agreement with the municipality or because the
10    municipality incurs the cost of necessary infrastructure
11    improvements within the boundaries of the assisted housing
12    sites necessary for the completion of that housing as
13    authorized by this Act shall be paid to the library
14    district by the municipality from the Special Tax
15    Allocation Fund when the tax increment revenue is received
16    as a result of the assisted housing units. This paragraph
17    (7.7) applies only if (i) the library district is located
18    in a county that is subject to the Property Tax Extension
19    Limitation Law or (ii) the library district is not located
20    in a county that is subject to the Property Tax Extension
21    Limitation Law but the district is prohibited by any other
22    law from increasing its tax levy rate without a prior voter
23    referendum.
24        The amount paid to a library district under this
25    paragraph (7.7) shall be calculated by multiplying (i) the
26    net increase in the number of persons eligible to obtain a

 

 

10000SB0001ham002- 89 -LRB100 06371 MLM 27378 a

1    library card in that district who reside in housing units
2    within the redevelopment project area that have received
3    financial assistance through an agreement with the
4    municipality or because the municipality incurs the cost of
5    necessary infrastructure improvements within the
6    boundaries of the housing sites necessary for the
7    completion of that housing as authorized by this Act since
8    the designation of the redevelopment project area by (ii)
9    the per-patron cost of providing library services so long
10    as it does not exceed $120. The per-patron cost shall be
11    the Total Operating Expenditures Per Capita for the library
12    in the previous fiscal year. The municipality may deduct
13    from the amount that it must pay to a library district
14    under this paragraph any amount that it has voluntarily
15    paid to the library district from the tax increment
16    revenue. The amount paid to a library district under this
17    paragraph (7.7) shall be no more than 2% of the amount
18    produced by the assisted housing units and deposited into
19    the Special Tax Allocation Fund.
20        A library district is not eligible for any payment
21    under this paragraph (7.7) unless the library district has
22    experienced an increase in the number of patrons from the
23    municipality that created the tax-increment-financing
24    district since the designation of the redevelopment
25    project area.
26        Any library district seeking payment under this

 

 

10000SB0001ham002- 90 -LRB100 06371 MLM 27378 a

1    paragraph (7.7) shall, after July 1 and before September 30
2    of each year, provide the municipality with convincing
3    evidence to support its claim for reimbursement before the
4    municipality shall be required to approve or make the
5    payment to the library district. If the library district
6    fails to provide the information during this period in any
7    year, it shall forfeit any claim to reimbursement for that
8    year. Library districts may adopt a resolution waiving the
9    right to all or a portion of the reimbursement otherwise
10    required by this paragraph (7.7). By acceptance of such
11    reimbursement, the library district shall forfeit any
12    right to directly or indirectly set aside, modify, or
13    contest in any manner whatsoever the establishment of the
14    redevelopment project area or projects;
15        (8) Relocation costs to the extent that a municipality
16    determines that relocation costs shall be paid or is
17    required to make payment of relocation costs by federal or
18    State law or in order to satisfy subparagraph (7) of
19    subsection (n);
20        (9) Payment in lieu of taxes;
21        (10) Costs of job training, retraining, advanced
22    vocational education or career education, including but
23    not limited to courses in occupational, semi-technical or
24    technical fields leading directly to employment, incurred
25    by one or more taxing districts, provided that such costs
26    (i) are related to the establishment and maintenance of

 

 

10000SB0001ham002- 91 -LRB100 06371 MLM 27378 a

1    additional job training, advanced vocational education or
2    career education programs for persons employed or to be
3    employed by employers located in a redevelopment project
4    area; and (ii) when incurred by a taxing district or taxing
5    districts other than the municipality, are set forth in a
6    written agreement by or among the municipality and the
7    taxing district or taxing districts, which agreement
8    describes the program to be undertaken, including but not
9    limited to the number of employees to be trained, a
10    description of the training and services to be provided,
11    the number and type of positions available or to be
12    available, itemized costs of the program and sources of
13    funds to pay for the same, and the term of the agreement.
14    Such costs include, specifically, the payment by community
15    college districts of costs pursuant to Sections 3-37, 3-38,
16    3-40 and 3-40.1 of the Public Community College Act and by
17    school districts of costs pursuant to Sections 10-22.20a
18    and 10-23.3a of the The School Code;
19        (11) Interest cost incurred by a redeveloper related to
20    the construction, renovation or rehabilitation of a
21    redevelopment project provided that:
22            (A) such costs are to be paid directly from the
23        special tax allocation fund established pursuant to
24        this Act;
25            (B) such payments in any one year may not exceed
26        30% of the annual interest costs incurred by the

 

 

10000SB0001ham002- 92 -LRB100 06371 MLM 27378 a

1        redeveloper with regard to the redevelopment project
2        during that year;
3            (C) if there are not sufficient funds available in
4        the special tax allocation fund to make the payment
5        pursuant to this paragraph (11) then the amounts so due
6        shall accrue and be payable when sufficient funds are
7        available in the special tax allocation fund;
8            (D) the total of such interest payments paid
9        pursuant to this Act may not exceed 30% of the total
10        (i) cost paid or incurred by the redeveloper for the
11        redevelopment project plus (ii) redevelopment project
12        costs excluding any property assembly costs and any
13        relocation costs incurred by a municipality pursuant
14        to this Act; and
15            (E) the cost limits set forth in subparagraphs (B)
16        and (D) of paragraph (11) shall be modified for the
17        financing of rehabilitated or new housing units for
18        low-income households and very low-income households,
19        as defined in Section 3 of the Illinois Affordable
20        Housing Act. The percentage of 75% shall be substituted
21        for 30% in subparagraphs (B) and (D) of paragraph (11);
22        and .
23            (F) instead Instead of the eligible costs provided
24        by subparagraphs (B) and (D) of paragraph (11), as
25        modified by this subparagraph, and notwithstanding any
26        other provisions of this Act to the contrary, the

 

 

10000SB0001ham002- 93 -LRB100 06371 MLM 27378 a

1        municipality may pay from tax increment revenues up to
2        50% of the cost of construction of new housing units to
3        be occupied by low-income households and very
4        low-income households as defined in Section 3 of the
5        Illinois Affordable Housing Act. The cost of
6        construction of those units may be derived from the
7        proceeds of bonds issued by the municipality under this
8        Act or other constitutional or statutory authority or
9        from other sources of municipal revenue that may be
10        reimbursed from tax increment revenues or the proceeds
11        of bonds issued to finance the construction of that
12        housing.
13            The eligible costs provided under this
14        subparagraph (F) of paragraph (11) shall be an eligible
15        cost for the construction, renovation, and
16        rehabilitation of all low and very low-income housing
17        units, as defined in Section 3 of the Illinois
18        Affordable Housing Act, within the redevelopment
19        project area. If the low and very low-income units are
20        part of a residential redevelopment project that
21        includes units not affordable to low and very
22        low-income households, only the low and very
23        low-income units shall be eligible for benefits under
24        this subparagraph (F) of paragraph (11). The standards
25        for maintaining the occupancy by low-income households
26        and very low-income households, as defined in Section 3

 

 

10000SB0001ham002- 94 -LRB100 06371 MLM 27378 a

1        of the Illinois Affordable Housing Act, of those units
2        constructed with eligible costs made available under
3        the provisions of this subparagraph (F) of paragraph
4        (11) shall be established by guidelines adopted by the
5        municipality. The responsibility for annually
6        documenting the initial occupancy of the units by
7        low-income households and very low-income households,
8        as defined in Section 3 of the Illinois Affordable
9        Housing Act, shall be that of the then current owner of
10        the property. For ownership units, the guidelines will
11        provide, at a minimum, for a reasonable recapture of
12        funds, or other appropriate methods designed to
13        preserve the original affordability of the ownership
14        units. For rental units, the guidelines will provide,
15        at a minimum, for the affordability of rent to low and
16        very low-income households. As units become available,
17        they shall be rented to income-eligible tenants. The
18        municipality may modify these guidelines from time to
19        time; the guidelines, however, shall be in effect for
20        as long as tax increment revenue is being used to pay
21        for costs associated with the units or for the
22        retirement of bonds issued to finance the units or for
23        the life of the redevelopment project area, whichever
24        is later; .
25        (11.5) If the redevelopment project area is located
26    within a municipality with a population of more than

 

 

10000SB0001ham002- 95 -LRB100 06371 MLM 27378 a

1    100,000, the cost of day care services for children of
2    employees from low-income families working for businesses
3    located within the redevelopment project area and all or a
4    portion of the cost of operation of day care centers
5    established by redevelopment project area businesses to
6    serve employees from low-income families working in
7    businesses located in the redevelopment project area. For
8    the purposes of this paragraph, "low-income families"
9    means families whose annual income does not exceed 80% of
10    the municipal, county, or regional median income, adjusted
11    for family size, as the annual income and municipal,
12    county, or regional median income are determined from time
13    to time by the United States Department of Housing and
14    Urban Development.
15    (12) Unless explicitly stated herein the cost of
16construction of new privately-owned buildings shall not be an
17eligible redevelopment project cost.
18    (13) After November 1, 1999 (the effective date of Public
19Act 91-478), none of the redevelopment project costs enumerated
20in this subsection shall be eligible redevelopment project
21costs if those costs would provide direct financial support to
22a retail entity initiating operations in the redevelopment
23project area while terminating operations at another Illinois
24location within 10 miles of the redevelopment project area but
25outside the boundaries of the redevelopment project area
26municipality. For purposes of this paragraph, termination

 

 

10000SB0001ham002- 96 -LRB100 06371 MLM 27378 a

1means a closing of a retail operation that is directly related
2to the opening of the same operation or like retail entity
3owned or operated by more than 50% of the original ownership in
4a redevelopment project area, but it does not mean closing an
5operation for reasons beyond the control of the retail entity,
6as documented by the retail entity, subject to a reasonable
7finding by the municipality that the current location contained
8inadequate space, had become economically obsolete, or was no
9longer a viable location for the retailer or serviceman.
10    (14) No cost shall be a redevelopment project cost in a
11redevelopment project area if used to demolish, remove, or
12substantially modify a historic resource, after August 26, 2008
13(the effective date of Public Act 95-934), unless no prudent
14and feasible alternative exists. "Historic resource" for the
15purpose of this paragraph item (14) means (i) a place or
16structure that is included or eligible for inclusion on the
17National Register of Historic Places or (ii) a contributing
18structure in a district on the National Register of Historic
19Places. This paragraph item (14) does not apply to a place or
20structure for which demolition, removal, or modification is
21subject to review by the preservation agency of a Certified
22Local Government designated as such by the National Park
23Service of the United States Department of the Interior.
24    If a special service area has been established pursuant to
25the Special Service Area Tax Act or Special Service Area Tax
26Law, then any tax increment revenues derived from the tax

 

 

10000SB0001ham002- 97 -LRB100 06371 MLM 27378 a

1imposed pursuant to the Special Service Area Tax Act or Special
2Service Area Tax Law may be used within the redevelopment
3project area for the purposes permitted by that Act or Law as
4well as the purposes permitted by this Act.
5    (q-1) For redevelopment project areas created pursuant to
6subsection (p-1), redevelopment project costs are limited to
7those costs in paragraph (q) that are related to the existing
8or proposed Regional Transportation Authority Suburban Transit
9Access Route (STAR Line) station.
10    (q-2) For a redevelopment project area located within a
11transit facility improvement area established pursuant to
12Section 11-74.4-3.3, redevelopment project costs means those
13costs described in subsection (q) that are related to the
14construction, reconstruction, rehabilitation, remodeling, or
15repair of any existing or proposed transit facility.
16    (r) "State Sales Tax Boundary" means the redevelopment
17project area or the amended redevelopment project area
18boundaries which are determined pursuant to subsection (9) of
19Section 11-74.4-8a of this Act. The Department of Revenue shall
20certify pursuant to subsection (9) of Section 11-74.4-8a the
21appropriate boundaries eligible for the determination of State
22Sales Tax Increment.
23    (s) "State Sales Tax Increment" means an amount equal to
24the increase in the aggregate amount of taxes paid by retailers
25and servicemen, other than retailers and servicemen subject to
26the Public Utilities Act, on transactions at places of business

 

 

10000SB0001ham002- 98 -LRB100 06371 MLM 27378 a

1located within a State Sales Tax Boundary pursuant to the
2Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
3Tax Act, and the Service Occupation Tax Act, except such
4portion of such increase that is paid into the State and Local
5Sales Tax Reform Fund, the Local Government Distributive Fund,
6the Local Government Tax Fund and the County and Mass Transit
7District Fund, for as long as State participation exists, over
8and above the Initial Sales Tax Amounts, Adjusted Initial Sales
9Tax Amounts or the Revised Initial Sales Tax Amounts for such
10taxes as certified by the Department of Revenue and paid under
11those Acts by retailers and servicemen on transactions at
12places of business located within the State Sales Tax Boundary
13during the base year which shall be the calendar year
14immediately prior to the year in which the municipality adopted
15tax increment allocation financing, less 3.0% of such amounts
16generated under the Retailers' Occupation Tax Act, Use Tax Act
17and Service Use Tax Act and the Service Occupation Tax Act,
18which sum shall be appropriated to the Department of Revenue to
19cover its costs of administering and enforcing this Section.
20For purposes of computing the aggregate amount of such taxes
21for base years occurring prior to 1985, the Department of
22Revenue shall compute the Initial Sales Tax Amount for such
23taxes and deduct therefrom an amount equal to 4% of the
24aggregate amount of taxes per year for each year the base year
25is prior to 1985, but not to exceed a total deduction of 12%.
26The amount so determined shall be known as the "Adjusted

 

 

10000SB0001ham002- 99 -LRB100 06371 MLM 27378 a

1Initial Sales Tax Amount". For purposes of determining the
2State Sales Tax Increment the Department of Revenue shall for
3each period subtract from the tax amounts received from
4retailers and servicemen on transactions located in the State
5Sales Tax Boundary, the certified Initial Sales Tax Amounts,
6Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax
7Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
8the Service Use Tax Act and the Service Occupation Tax Act. For
9the State Fiscal Year 1989 this calculation shall be made by
10utilizing the calendar year 1987 to determine the tax amounts
11received. For the State Fiscal Year 1990, this calculation
12shall be made by utilizing the period from January 1, 1988,
13until September 30, 1988, to determine the tax amounts received
14from retailers and servicemen, which shall have deducted
15therefrom nine-twelfths of the certified Initial Sales Tax
16Amounts, Adjusted Initial Sales Tax Amounts or the Revised
17Initial Sales Tax Amounts as appropriate. For the State Fiscal
18Year 1991, this calculation shall be made by utilizing the
19period from October 1, 1988, until June 30, 1989, to determine
20the tax amounts received from retailers and servicemen, which
21shall have deducted therefrom nine-twelfths of the certified
22Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
23Amounts or the Revised Initial Sales Tax Amounts as
24appropriate. For every State Fiscal Year thereafter, the
25applicable period shall be the 12 months beginning July 1 and
26ending on June 30, to determine the tax amounts received which

 

 

10000SB0001ham002- 100 -LRB100 06371 MLM 27378 a

1shall have deducted therefrom the certified Initial Sales Tax
2Amounts, Adjusted Initial Sales Tax Amounts or the Revised
3Initial Sales Tax Amounts. Municipalities intending to receive
4a distribution of State Sales Tax Increment must report a list
5of retailers to the Department of Revenue by October 31, 1988
6and by July 31, of each year thereafter.
7    (t) "Taxing districts" means counties, townships, cities
8and incorporated towns and villages, school, road, park,
9sanitary, mosquito abatement, forest preserve, public health,
10fire protection, river conservancy, tuberculosis sanitarium
11and any other municipal corporations or districts with the
12power to levy taxes.
13    (u) "Taxing districts' capital costs" means those costs of
14taxing districts for capital improvements that are found by the
15municipal corporate authorities to be necessary and directly
16result from the redevelopment project.
17    (v) As used in subsection (a) of Section 11-74.4-3 of this
18Act, "vacant land" means any parcel or combination of parcels
19of real property without industrial, commercial, and
20residential buildings which has not been used for commercial
21agricultural purposes within 5 years prior to the designation
22of the redevelopment project area, unless the parcel is
23included in an industrial park conservation area or the parcel
24has been subdivided; provided that if the parcel was part of a
25larger tract that has been divided into 3 or more smaller
26tracts that were accepted for recording during the period from

 

 

10000SB0001ham002- 101 -LRB100 06371 MLM 27378 a

11950 to 1990, then the parcel shall be deemed to have been
2subdivided, and all proceedings and actions of the municipality
3taken in that connection with respect to any previously
4approved or designated redevelopment project area or amended
5redevelopment project area are hereby validated and hereby
6declared to be legally sufficient for all purposes of this Act.
7For purposes of this Section and only for land subject to the
8subdivision requirements of the Plat Act, land is subdivided
9when the original plat of the proposed Redevelopment Project
10Area or relevant portion thereof has been properly certified,
11acknowledged, approved, and recorded or filed in accordance
12with the Plat Act and a preliminary plat, if any, for any
13subsequent phases of the proposed Redevelopment Project Area or
14relevant portion thereof has been properly approved and filed
15in accordance with the applicable ordinance of the
16municipality.
17    (w) "Annual Total Increment" means the sum of each
18municipality's annual Net Sales Tax Increment and each
19municipality's annual Net Utility Tax Increment. The ratio of
20the Annual Total Increment of each municipality to the Annual
21Total Increment for all municipalities, as most recently
22calculated by the Department, shall determine the proportional
23shares of the Illinois Tax Increment Fund to be distributed to
24each municipality.
25    (x) "LEED certified" means any certification level of
26construction elements by a qualified Leadership in Energy and

 

 

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1Environmental Design Accredited Professional as determined by
2the U.S. Green Building Council.
3    (y) "Green Globes certified" means any certification level
4of construction elements by a qualified Green Globes
5Professional as determined by the Green Building Initiative.
6(Source: P.A. 99-792, eff. 8-12-16; revised 10-31-16.)
 
7    (65 ILCS 5/11-74.4-8)   (from Ch. 24, par. 11-74.4-8)
8    Sec. 11-74.4-8. Tax increment allocation financing. A
9municipality may not adopt tax increment financing in a
10redevelopment project area after the effective date of this
11amendatory Act of 1997 that will encompass an area that is
12currently included in an enterprise zone created under the
13Illinois Enterprise Zone Act unless that municipality,
14pursuant to Section 5.4 of the Illinois Enterprise Zone Act,
15amends the enterprise zone designating ordinance to limit the
16eligibility for tax abatements as provided in Section 5.4.1 of
17the Illinois Enterprise Zone Act. A municipality, at the time a
18redevelopment project area is designated, may adopt tax
19increment allocation financing by passing an ordinance
20providing that the ad valorem taxes, if any, arising from the
21levies upon taxable real property in such redevelopment project
22area by taxing districts and tax rates determined in the manner
23provided in paragraph (c) of Section 11-74.4-9 each year after
24the effective date of the ordinance until redevelopment project
25costs and all municipal obligations financing redevelopment

 

 

10000SB0001ham002- 103 -LRB100 06371 MLM 27378 a

1project costs incurred under this Division have been paid shall
2be divided as follows, provided, however, that with respect to
3any redevelopment project area located within a transit
4facility improvement area established pursuant to Section
511-74.4-3.3 in a municipality with a population of 1,000,000 or
6more, ad valorem taxes, if any, arising from the levies upon
7taxable real property in such redevelopment project area shall
8be allocated as specifically provided in this Section:
9        (a) That portion of taxes levied upon each taxable lot,
10    block, tract or parcel of real property which is
11    attributable to the lower of the current equalized assessed
12    value or the initial equalized assessed value of each such
13    taxable lot, block, tract or parcel of real property in the
14    redevelopment project area shall be allocated to and when
15    collected shall be paid by the county collector to the
16    respective affected taxing districts in the manner
17    required by law in the absence of the adoption of tax
18    increment allocation financing.
19        (b) Except from a tax levied by a township to retire
20    bonds issued to satisfy court-ordered damages, that
21    portion, if any, of such taxes which is attributable to the
22    increase in the current equalized assessed valuation of
23    each taxable lot, block, tract or parcel of real property
24    in the redevelopment project area over and above the
25    initial equalized assessed value of each property in the
26    project area shall be allocated to and when collected shall

 

 

10000SB0001ham002- 104 -LRB100 06371 MLM 27378 a

1    be paid to the municipal treasurer who shall deposit said
2    taxes into a special fund called the special tax allocation
3    fund of the municipality for the purpose of paying
4    redevelopment project costs and obligations incurred in
5    the payment thereof. In any county with a population of
6    3,000,000 or more that has adopted a procedure for
7    collecting taxes that provides for one or more of the
8    installments of the taxes to be billed and collected on an
9    estimated basis, the municipal treasurer shall be paid for
10    deposit in the special tax allocation fund of the
11    municipality, from the taxes collected from estimated
12    bills issued for property in the redevelopment project
13    area, the difference between the amount actually collected
14    from each taxable lot, block, tract, or parcel of real
15    property within the redevelopment project area and an
16    amount determined by multiplying the rate at which taxes
17    were last extended against the taxable lot, block, track,
18    or parcel of real property in the manner provided in
19    subsection (c) of Section 11-74.4-9 by the initial
20    equalized assessed value of the property divided by the
21    number of installments in which real estate taxes are
22    billed and collected within the county; provided that the
23    payments on or before December 31, 1999 to a municipal
24    treasurer shall be made only if each of the following
25    conditions are met:
26        (1) The total equalized assessed value of the

 

 

10000SB0001ham002- 105 -LRB100 06371 MLM 27378 a

1        redevelopment project area as last determined was not
2        less than 175% of the total initial equalized assessed
3        value.
4        (2) Not more than 50% of the total equalized assessed
5        value of the redevelopment project area as last
6        determined is attributable to a piece of property
7        assigned a single real estate index number.
8        (3) The municipal clerk has certified to the county
9        clerk that the municipality has issued its obligations
10        to which there has been pledged the incremental
11        property taxes of the redevelopment project area or
12        taxes levied and collected on any or all property in
13        the municipality or the full faith and credit of the
14        municipality to pay or secure payment for all or a
15        portion of the redevelopment project costs. The
16        certification shall be filed annually no later than
17        September 1 for the estimated taxes to be distributed
18        in the following year; however, for the year 1992 the
19        certification shall be made at any time on or before
20        March 31, 1992.
21        (4) The municipality has not requested that the total
22        initial equalized assessed value of real property be
23        adjusted as provided in subsection (b) of Section
24        11-74.4-9.
25        The conditions of paragraphs (1) through (4) do not
26    apply after December 31, 1999 to payments to a municipal

 

 

10000SB0001ham002- 106 -LRB100 06371 MLM 27378 a

1    treasurer made by a county with 3,000,000 or more
2    inhabitants that has adopted an estimated billing
3    procedure for collecting taxes. If a county that has
4    adopted the estimated billing procedure makes an erroneous
5    overpayment of tax revenue to the municipal treasurer, then
6    the county may seek a refund of that overpayment. The
7    county shall send the municipal treasurer a notice of
8    liability for the overpayment on or before the mailing date
9    of the next real estate tax bill within the county. The
10    refund shall be limited to the amount of the overpayment.
11        It is the intent of this Division that after the
12    effective date of this amendatory Act of 1988 a
13    municipality's own ad valorem tax arising from levies on
14    taxable real property be included in the determination of
15    incremental revenue in the manner provided in paragraph (c)
16    of Section 11-74.4-9. If the municipality does not extend
17    such a tax, it shall annually deposit in the municipality's
18    Special Tax Increment Fund an amount equal to 10% of the
19    total contributions to the fund from all other taxing
20    districts in that year. The annual 10% deposit required by
21    this paragraph shall be limited to the actual amount of
22    municipally produced incremental tax revenues available to
23    the municipality from taxpayers located in the
24    redevelopment project area in that year if: (a) the plan
25    for the area restricts the use of the property primarily to
26    industrial purposes, (b) the municipality establishing the

 

 

10000SB0001ham002- 107 -LRB100 06371 MLM 27378 a

1    redevelopment project area is a home-rule community with a
2    1990 population of between 25,000 and 50,000, (c) the
3    municipality is wholly located within a county with a 1990
4    population of over 750,000 and (d) the redevelopment
5    project area was established by the municipality prior to
6    June 1, 1990. This payment shall be in lieu of a
7    contribution of ad valorem taxes on real property. If no
8    such payment is made, any redevelopment project area of the
9    municipality shall be dissolved.
10        If a municipality has adopted tax increment allocation
11    financing by ordinance and the County Clerk thereafter
12    certifies the "total initial equalized assessed value as
13    adjusted" of the taxable real property within such
14    redevelopment project area in the manner provided in
15    paragraph (b) of Section 11-74.4-9, each year after the
16    date of the certification of the total initial equalized
17    assessed value as adjusted until redevelopment project
18    costs and all municipal obligations financing
19    redevelopment project costs have been paid the ad valorem
20    taxes, if any, arising from the levies upon the taxable
21    real property in such redevelopment project area by taxing
22    districts and tax rates determined in the manner provided
23    in paragraph (c) of Section 11-74.4-9 shall be divided as
24    follows, provided, however, that with respect to any
25    redevelopment project area located within a transit
26    facility improvement area established pursuant to Section

 

 

10000SB0001ham002- 108 -LRB100 06371 MLM 27378 a

1    11-74.4-3.3 in a municipality with a population of
2    1,000,000 or more, ad valorem taxes, if any, arising from
3    the levies upon the taxable real property in such
4    redevelopment project area shall be allocated as
5    specifically provided in this Section:
6        (1) That portion of the taxes levied upon each taxable
7        lot, block, tract or parcel of real property which is
8        attributable to the lower of the current equalized
9        assessed value or "current equalized assessed value as
10        adjusted" or the initial equalized assessed value of
11        each such taxable lot, block, tract, or parcel of real
12        property existing at the time tax increment financing
13        was adopted, minus the total current homestead
14        exemptions under Article 15 of the Property Tax Code in
15        the redevelopment project area shall be allocated to
16        and when collected shall be paid by the county
17        collector to the respective affected taxing districts
18        in the manner required by law in the absence of the
19        adoption of tax increment allocation financing.
20        (2) That portion, if any, of such taxes which is
21        attributable to the increase in the current equalized
22        assessed valuation of each taxable lot, block, tract,
23        or parcel of real property in the redevelopment project
24        area, over and above the initial equalized assessed
25        value of each property existing at the time tax
26        increment financing was adopted, minus the total

 

 

10000SB0001ham002- 109 -LRB100 06371 MLM 27378 a

1        current homestead exemptions pertaining to each piece
2        of property provided by Article 15 of the Property Tax
3        Code in the redevelopment project area, shall be
4        allocated to and when collected shall be paid to the
5        municipal Treasurer, who shall deposit said taxes into
6        a special fund called the special tax allocation fund
7        of the municipality for the purpose of paying
8        redevelopment project costs and obligations incurred
9        in the payment thereof.
10        The municipality may pledge in the ordinance the funds
11    in and to be deposited in the special tax allocation fund
12    for the payment of such costs and obligations. No part of
13    the current equalized assessed valuation of each property
14    in the redevelopment project area attributable to any
15    increase above the total initial equalized assessed value,
16    or the total initial equalized assessed value as adjusted,
17    of such properties shall be used in calculating the general
18    State school aid formula, provided for in Section 18-8 of
19    the School Code, or the evidence-based funding formula,
20    provided for in Section 18-8.15 of the School Code, until
21    such time as all redevelopment project costs have been paid
22    as provided for in this Section.
23        Whenever a municipality issues bonds for the purpose of
24    financing redevelopment project costs, such municipality
25    may provide by ordinance for the appointment of a trustee,
26    which may be any trust company within the State, and for

 

 

10000SB0001ham002- 110 -LRB100 06371 MLM 27378 a

1    the establishment of such funds or accounts to be
2    maintained by such trustee as the municipality shall deem
3    necessary to provide for the security and payment of the
4    bonds. If such municipality provides for the appointment of
5    a trustee, such trustee shall be considered the assignee of
6    any payments assigned by the municipality pursuant to such
7    ordinance and this Section. Any amounts paid to such
8    trustee as assignee shall be deposited in the funds or
9    accounts established pursuant to such trust agreement, and
10    shall be held by such trustee in trust for the benefit of
11    the holders of the bonds, and such holders shall have a
12    lien on and a security interest in such funds or accounts
13    so long as the bonds remain outstanding and unpaid. Upon
14    retirement of the bonds, the trustee shall pay over any
15    excess amounts held to the municipality for deposit in the
16    special tax allocation fund.
17        When such redevelopment projects costs, including
18    without limitation all municipal obligations financing
19    redevelopment project costs incurred under this Division,
20    have been paid, all surplus funds then remaining in the
21    special tax allocation fund shall be distributed by being
22    paid by the municipal treasurer to the Department of
23    Revenue, the municipality and the county collector; first
24    to the Department of Revenue and the municipality in direct
25    proportion to the tax incremental revenue received from the
26    State and the municipality, but not to exceed the total

 

 

10000SB0001ham002- 111 -LRB100 06371 MLM 27378 a

1    incremental revenue received from the State or the
2    municipality less any annual surplus distribution of
3    incremental revenue previously made; with any remaining
4    funds to be paid to the County Collector who shall
5    immediately thereafter pay said funds to the taxing
6    districts in the redevelopment project area in the same
7    manner and proportion as the most recent distribution by
8    the county collector to the affected districts of real
9    property taxes from real property in the redevelopment
10    project area.
11        Upon the payment of all redevelopment project costs,
12    the retirement of obligations, the distribution of any
13    excess monies pursuant to this Section, and final closing
14    of the books and records of the redevelopment project area,
15    the municipality shall adopt an ordinance dissolving the
16    special tax allocation fund for the redevelopment project
17    area and terminating the designation of the redevelopment
18    project area as a redevelopment project area. Title to real
19    or personal property and public improvements acquired by or
20    for the municipality as a result of the redevelopment
21    project and plan shall vest in the municipality when
22    acquired and shall continue to be held by the municipality
23    after the redevelopment project area has been terminated.
24    Municipalities shall notify affected taxing districts
25    prior to November 1 if the redevelopment project area is to
26    be terminated by December 31 of that same year. If a

 

 

10000SB0001ham002- 112 -LRB100 06371 MLM 27378 a

1    municipality extends estimated dates of completion of a
2    redevelopment project and retirement of obligations to
3    finance a redevelopment project, as allowed by this
4    amendatory Act of 1993, that extension shall not extend the
5    property tax increment allocation financing authorized by
6    this Section. Thereafter the rates of the taxing districts
7    shall be extended and taxes levied, collected and
8    distributed in the manner applicable in the absence of the
9    adoption of tax increment allocation financing.
10        If a municipality with a population of 1,000,000 or
11    more has adopted by ordinance tax increment allocation
12    financing for a redevelopment project area located in a
13    transit facility improvement area established pursuant to
14    Section 11-74.4-3.3, for each year after the effective date
15    of the ordinance until redevelopment project costs and all
16    municipal obligations financing redevelopment project
17    costs have been paid, the ad valorem taxes, if any, arising
18    from the levies upon the taxable real property in that
19    redevelopment project area by taxing districts and tax
20    rates determined in the manner provided in paragraph (c) of
21    Section 11-74.4-9 shall be divided as follows:
22            (1) That portion of the taxes levied upon each
23        taxable lot, block, tract or parcel of real property
24        which is attributable to the lower of (i) the current
25        equalized assessed value or "current equalized
26        assessed value as adjusted" or (ii) the initial

 

 

10000SB0001ham002- 113 -LRB100 06371 MLM 27378 a

1        equalized assessed value of each such taxable lot,
2        block, tract, or parcel of real property existing at
3        the time tax increment financing was adopted, minus the
4        total current homestead exemptions under Article 15 of
5        the Property Tax Code in the redevelopment project area
6        shall be allocated to and when collected shall be paid
7        by the county collector to the respective affected
8        taxing districts in the manner required by law in the
9        absence of the adoption of tax increment allocation
10        financing.
11            (2) That portion, if any, of such taxes which is
12        attributable to the increase in the current equalized
13        assessed valuation of each taxable lot, block, tract,
14        or parcel of real property in the redevelopment project
15        area, over and above the initial equalized assessed
16        value of each property existing at the time tax
17        increment financing was adopted, minus the total
18        current homestead exemptions pertaining to each piece
19        of property provided by Article 15 of the Property Tax
20        Code in the redevelopment project area, shall be
21        allocated to and when collected shall be paid by the
22        county collector as follows:
23                (A) First, that portion which would be payable
24            to a school district whose boundaries are
25            coterminous with such municipality in the absence
26            of the adoption of tax increment allocation

 

 

10000SB0001ham002- 114 -LRB100 06371 MLM 27378 a

1            financing, shall be paid to such school district in
2            the manner required by law in the absence of the
3            adoption of tax increment allocation financing;
4            then
5                (B) 80% of the remaining portion shall be paid
6            to the municipal Treasurer, who shall deposit said
7            taxes into a special fund called the special tax
8            allocation fund of the municipality for the
9            purpose of paying redevelopment project costs and
10            obligations incurred in the payment thereof; and
11            then
12                (C) 20% of the remaining portion shall be paid
13            to the respective affected taxing districts, other
14            than the school district described in clause (a)
15            above, in the manner required by law in the absence
16            of the adoption of tax increment allocation
17            financing.
18    Nothing in this Section shall be construed as relieving
19property in such redevelopment project areas from being
20assessed as provided in the Property Tax Code or as relieving
21owners of such property from paying a uniform rate of taxes, as
22required by Section 4 of Article IX of the Illinois
23Constitution.
24(Source: P.A. 98-463, eff. 8-16-13; 99-792, eff. 8-12-16.)
 
25    (65 ILCS 5/11-74.6-35)

 

 

10000SB0001ham002- 115 -LRB100 06371 MLM 27378 a

1    Sec. 11-74.6-35. Ordinance for tax increment allocation
2financing.
3    (a) A municipality, at the time a redevelopment project
4area is designated, may adopt tax increment allocation
5financing by passing an ordinance providing that the ad valorem
6taxes, if any, arising from the levies upon taxable real
7property within the redevelopment project area by taxing
8districts and tax rates determined in the manner provided in
9subsection (b) of Section 11-74.6-40 each year after the
10effective date of the ordinance until redevelopment project
11costs and all municipal obligations financing redevelopment
12project costs incurred under this Act have been paid shall be
13divided as follows:
14        (1) That portion of the taxes levied upon each taxable
15    lot, block, tract or parcel of real property that is
16    attributable to the lower of the current equalized assessed
17    value or the initial equalized assessed value or the
18    updated initial equalized assessed value of each taxable
19    lot, block, tract or parcel of real property in the
20    redevelopment project area shall be allocated to and when
21    collected shall be paid by the county collector to the
22    respective affected taxing districts in the manner
23    required by law without regard to the adoption of tax
24    increment allocation financing.
25        (2) That portion, if any, of those taxes that is
26    attributable to the increase in the current equalized

 

 

10000SB0001ham002- 116 -LRB100 06371 MLM 27378 a

1    assessed value of each taxable lot, block, tract or parcel
2    of real property in the redevelopment project area, over
3    and above the initial equalized assessed value or the
4    updated initial equalized assessed value of each property
5    in the project area, shall be allocated to and when
6    collected shall be paid by the county collector to the
7    municipal treasurer who shall deposit that portion of those
8    taxes into a special fund called the special tax allocation
9    fund of the municipality for the purpose of paying
10    redevelopment project costs and obligations incurred in
11    the payment of those costs and obligations. In any county
12    with a population of 3,000,000 or more that has adopted a
13    procedure for collecting taxes that provides for one or
14    more of the installments of the taxes to be billed and
15    collected on an estimated basis, the municipal treasurer
16    shall be paid for deposit in the special tax allocation
17    fund of the municipality, from the taxes collected from
18    estimated bills issued for property in the redevelopment
19    project area, the difference between the amount actually
20    collected from each taxable lot, block, tract, or parcel of
21    real property within the redevelopment project area and an
22    amount determined by multiplying the rate at which taxes
23    were last extended against the taxable lot, block, track,
24    or parcel of real property in the manner provided in
25    subsection (b) of Section 11-74.6-40 by the initial
26    equalized assessed value or the updated initial equalized

 

 

10000SB0001ham002- 117 -LRB100 06371 MLM 27378 a

1    assessed value of the property divided by the number of
2    installments in which real estate taxes are billed and
3    collected within the county, provided that the payments on
4    or before December 31, 1999 to a municipal treasurer shall
5    be made only if each of the following conditions are met:
6            (A) The total equalized assessed value of the
7        redevelopment project area as last determined was not
8        less than 175% of the total initial equalized assessed
9        value.
10            (B) Not more than 50% of the total equalized
11        assessed value of the redevelopment project area as
12        last determined is attributable to a piece of property
13        assigned a single real estate index number.
14            (C) The municipal clerk has certified to the county
15        clerk that the municipality has issued its obligations
16        to which there has been pledged the incremental
17        property taxes of the redevelopment project area or
18        taxes levied and collected on any or all property in
19        the municipality or the full faith and credit of the
20        municipality to pay or secure payment for all or a
21        portion of the redevelopment project costs. The
22        certification shall be filed annually no later than
23        September 1 for the estimated taxes to be distributed
24        in the following year.
25    The conditions of paragraphs (A) through (C) do not apply
26after December 31, 1999 to payments to a municipal treasurer

 

 

10000SB0001ham002- 118 -LRB100 06371 MLM 27378 a

1made by a county with 3,000,000 or more inhabitants that has
2adopted an estimated billing procedure for collecting taxes. If
3a county that has adopted the estimated billing procedure makes
4an erroneous overpayment of tax revenue to the municipal
5treasurer, then the county may seek a refund of that
6overpayment. The county shall send the municipal treasurer a
7notice of liability for the overpayment on or before the
8mailing date of the next real estate tax bill within the
9county. The refund shall be limited to the amount of the
10overpayment.
11    (b) It is the intent of this Act that a municipality's own
12ad valorem tax arising from levies on taxable real property be
13included in the determination of incremental revenue in the
14manner provided in paragraph (b) of Section 11-74.6-40.
15    (c) If a municipality has adopted tax increment allocation
16financing for a redevelopment project area by ordinance and the
17county clerk thereafter certifies the total initial equalized
18assessed value or the total updated initial equalized assessed
19value of the taxable real property within such redevelopment
20project area in the manner provided in paragraph (a) or (b) of
21Section 11-74.6-40, each year after the date of the
22certification of the total initial equalized assessed value or
23the total updated initial equalized assessed value until
24redevelopment project costs and all municipal obligations
25financing redevelopment project costs have been paid, the ad
26valorem taxes, if any, arising from the levies upon the taxable

 

 

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1real property in the redevelopment project area by taxing
2districts and tax rates determined in the manner provided in
3paragraph (b) of Section 11-74.6-40 shall be divided as
4follows:
5        (1) That portion of the taxes levied upon each taxable
6    lot, block, tract or parcel of real property that is
7    attributable to the lower of the current equalized assessed
8    value or the initial equalized assessed value, or the
9    updated initial equalized assessed value of each parcel if
10    the updated initial equalized assessed value of that parcel
11    has been certified in accordance with Section 11-74.6-40,
12    whichever has been most recently certified, of each taxable
13    lot, block, tract, or parcel of real property existing at
14    the time tax increment allocation financing was adopted in
15    the redevelopment project area, shall be allocated to and
16    when collected shall be paid by the county collector to the
17    respective affected taxing districts in the manner
18    required by law without regard to the adoption of tax
19    increment allocation financing.
20        (2) That portion, if any, of those taxes that is
21    attributable to the increase in the current equalized
22    assessed value of each taxable lot, block, tract, or parcel
23    of real property in the redevelopment project area, over
24    and above the initial equalized assessed value of each
25    property existing at the time tax increment allocation
26    financing was adopted in the redevelopment project area, or

 

 

10000SB0001ham002- 120 -LRB100 06371 MLM 27378 a

1    the updated initial equalized assessed value of each parcel
2    if the updated initial equalized assessed value of that
3    parcel has been certified in accordance with Section
4    11-74.6-40, shall be allocated to and when collected shall
5    be paid to the municipal treasurer, who shall deposit those
6    taxes into a special fund called the special tax allocation
7    fund of the municipality for the purpose of paying
8    redevelopment project costs and obligations incurred in
9    the payment thereof.
10    (d) The municipality may pledge in the ordinance the funds
11in and to be deposited in the special tax allocation fund for
12the payment of redevelopment project costs and obligations. No
13part of the current equalized assessed value of each property
14in the redevelopment project area attributable to any increase
15above the total initial equalized assessed value or the total
16initial updated equalized assessed value of the property, shall
17be used in calculating the general General State aid formula
18School Aid Formula, provided for in Section 18-8 of the School
19Code, or the evidence-based funding formula, provided for in
20Section 18-8.15 of the School Code, until all redevelopment
21project costs have been paid as provided for in this Section.
22    Whenever a municipality issues bonds for the purpose of
23financing redevelopment project costs, that municipality may
24provide by ordinance for the appointment of a trustee, which
25may be any trust company within the State, and for the
26establishment of any funds or accounts to be maintained by that

 

 

10000SB0001ham002- 121 -LRB100 06371 MLM 27378 a

1trustee, as the municipality deems necessary to provide for the
2security and payment of the bonds. If the municipality provides
3for the appointment of a trustee, the trustee shall be
4considered the assignee of any payments assigned by the
5municipality under that ordinance and this Section. Any amounts
6paid to the trustee as assignee shall be deposited into the
7funds or accounts established under the trust agreement, and
8shall be held by the trustee in trust for the benefit of the
9holders of the bonds. The holders of those bonds shall have a
10lien on and a security interest in those funds or accounts
11while the bonds remain outstanding and unpaid. Upon retirement
12of the bonds, the trustee shall pay over any excess amounts
13held to the municipality for deposit in the special tax
14allocation fund.
15    When the redevelopment projects costs, including without
16limitation all municipal obligations financing redevelopment
17project costs incurred under this Law, have been paid, all
18surplus funds then remaining in the special tax allocation fund
19shall be distributed by being paid by the municipal treasurer
20to the municipality and the county collector; first to the
21municipality in direct proportion to the tax incremental
22revenue received from the municipality, but not to exceed the
23total incremental revenue received from the municipality,
24minus any annual surplus distribution of incremental revenue
25previously made. Any remaining funds shall be paid to the
26county collector who shall immediately distribute that payment

 

 

10000SB0001ham002- 122 -LRB100 06371 MLM 27378 a

1to the taxing districts in the redevelopment project area in
2the same manner and proportion as the most recent distribution
3by the county collector to the affected districts of real
4property taxes from real property situated in the redevelopment
5project area.
6    Upon the payment of all redevelopment project costs,
7retirement of obligations and the distribution of any excess
8moneys under this Section, the municipality shall adopt an
9ordinance dissolving the special tax allocation fund for the
10redevelopment project area and terminating the designation of
11the redevelopment project area as a redevelopment project area.
12Thereafter the tax levies of taxing districts shall be
13extended, collected and distributed in the same manner
14applicable before the adoption of tax increment allocation
15financing. Municipality shall notify affected taxing districts
16prior to November if the redevelopment project area is to be
17terminated by December 31 of that same year.
18    Nothing in this Section shall be construed as relieving
19property in a redevelopment project area from being assessed as
20provided in the Property Tax Code or as relieving owners of
21that property from paying a uniform rate of taxes, as required
22by Section 4 of Article IX of the Illinois Constitution.
23(Source: P.A. 91-474, eff. 11-1-99.)
 
24    Section 40. The Economic Development Project Area Tax
25Increment Allocation Act of 1995 is amended by changing Section

 

 

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150 as follows:
 
2    (65 ILCS 110/50)
3    Sec. 50. Special tax allocation fund.
4    (a) If a county clerk has certified the "total initial
5equalized assessed value" of the taxable real property within
6an economic development project area in the manner provided in
7Section 45, each year after the date of the certification by
8the county clerk of the "total initial equalized assessed
9value", until economic development project costs and all
10municipal obligations financing economic development project
11costs have been paid, the ad valorem taxes, if any, arising
12from the levies upon the taxable real property in the economic
13development project area by taxing districts and tax rates
14determined in the manner provided in subsection (b) of Section
1545 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.

 

 

10000SB0001ham002- 124 -LRB100 06371 MLM 27378 a

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 municipal treasurer, who
9    shall deposit the taxes into a special fund (called the
10    special tax allocation fund of the municipality) for the
11    purpose of paying economic development project costs and
12    obligations incurred in the payment of those costs.
13    (b) The municipality, by an ordinance adopting tax
14increment allocation financing, may pledge the monies in and to
15be deposited into the special tax allocation fund for the
16payment of obligations issued under this Act and for the
17payment of economic development project costs. No part of the
18current equalized assessed valuation of each property in the
19economic development project area attributable to any increase
20above the total initial equalized assessed value of those
21properties shall be used in calculating the general State
22school aid formula under Section 18-8 of the School Code or the
23evidence-based funding formula under Section 18-8.15 of the
24School Code, until all economic development projects costs have
25been paid as provided for in this Section.
26    (c) When the economic development projects costs,

 

 

10000SB0001ham002- 125 -LRB100 06371 MLM 27378 a

1including without limitation all municipal obligations
2financing economic development project costs incurred under
3this Act, have been paid, all surplus monies then remaining in
4the special tax allocation fund shall be distributed by being
5paid by the municipal treasurer to the county collector, who
6shall immediately pay the monies to the taxing districts having
7taxable property in the economic development project area in
8the same manner and proportion as the most recent distribution
9by the county collector to those taxing districts of real
10property taxes from real property in the economic development
11project area.
12    (d) Upon the payment of all economic development project
13costs, retirement of obligations, and distribution of any
14excess monies under this Section and not later than 23 years
15from the date of the adoption of the ordinance establishing the
16economic development project area, the municipality shall
17adopt an ordinance dissolving the special tax allocation fund
18for the economic development project area and terminating the
19designation of the economic development project area as an
20economic development project area. Thereafter, the rates of the
21taxing districts shall be extended and taxes shall be levied,
22collected, and distributed in the manner applicable in the
23absence of the adoption of tax increment allocation financing.
24    (e) Nothing in this Section shall be construed as relieving
25property in the economic development project areas from being
26assessed as provided in the Property Tax Code or as relieving

 

 

10000SB0001ham002- 126 -LRB100 06371 MLM 27378 a

1owners or lessees of that property from paying a uniform rate
2of taxes as required by Section 4 of Article IX of the Illinois
3Constitution.
4(Source: P.A. 98-463, eff. 8-16-13.)
 
5    Section 45. The School Code is amended by changing Sections
61A-8, 1B-5, 1B-6, 1B-7, 1B-8, 1C-1, 1C-2, 1D-1, 1E-20, 1F-20,
71F-62, 1H-20, 1H-70, 2-3.33, 2-3.51.5, 2-3.66, 2-3.66b,
82-3.84, 2-3.109a, 3-14.21, 7-14A, 10-17a, 10-19, 10-22.5a,
910-22.20, 10-29, 11E-135, 13A-8, 13B-20.20, 13B-45, 13B-50,
1013B-50.10, 13B-50.15, 14-7.02b, 14-13.01, 14C-1, 14C-12, 17-1,
1117-1.2, 17-1.5, 17-2.11, 17-2A, 18-4.3, 18-8.05, 18-8.10,
1218-9, 18-12, 26-16, 27-8.1, 27A-9, 27A-11, 29-5, 34-2.3, 34-18,
1334-18.30, and 34-43.1 and by adding Sections 2-3.170, 17-3.6,
14and 18-8.15 as follows:
 
15    (105 ILCS 5/1A-8)  (from Ch. 122, par. 1A-8)
16    Sec. 1A-8. Powers of the Board in Assisting Districts
17Deemed in Financial Difficulties. To promote the financial
18integrity of school districts, the State Board of Education
19shall be provided the necessary powers to promote sound
20financial management and continue operation of the public
21schools.
22    (a) The State Superintendent of Education may require a
23school district, including any district subject to Article 34A
24of this Code, to share financial information relevant to a

 

 

10000SB0001ham002- 127 -LRB100 06371 MLM 27378 a

1proper investigation of the district's financial condition and
2the delivery of appropriate State financial, technical, and
3consulting services to the district if the district (i) has
4been designated, through the State Board of Education's School
5District Financial Profile System, as on financial warning or
6financial watch status, (ii) has failed to file an annual
7financial report, annual budget, deficit reduction plan, or
8other financial information as required by law, (iii) has been
9identified, through the district's annual audit or other
10financial and management information, as in serious financial
11difficulty in the current or next school year, or (iv) is
12determined to be likely to fail to fully meet any regularly
13scheduled, payroll-period obligations when due or any debt
14service payments when due or both. In addition to financial,
15technical, and consulting services provided by the State Board
16of Education, at the request of a school district, the State
17Superintendent may provide for an independent financial
18consultant to assist the district review its financial
19condition and options.
20    (b) The State Board of Education, after proper
21investigation of a district's financial condition, may certify
22that a district, including any district subject to Article 34A,
23is in financial difficulty when any of the following conditions
24occur:
25        (1) The district has issued school or teacher orders
26    for wages as permitted in Sections 8-16, 32-7.2 and 34-76

 

 

10000SB0001ham002- 128 -LRB100 06371 MLM 27378 a

1    of this Code.
2        (2) The district has issued tax anticipation warrants
3    or tax anticipation notes in anticipation of a second
4    year's taxes when warrants or notes in anticipation of
5    current year taxes are still outstanding, as authorized by
6    Sections 17-16, 34-23, 34-59 and 34-63 of this Code, or has
7    issued short-term debt against 2 future revenue sources,
8    such as, but not limited to, tax anticipation warrants and
9    general State aid or evidence-based funding Aid
10    certificates or tax anticipation warrants and revenue
11    anticipation notes.
12        (3) The district has for 2 consecutive years shown an
13    excess of expenditures and other financing uses over
14    revenues and other financing sources and beginning fund
15    balances on its annual financial report for the aggregate
16    totals of the Educational, Operations and Maintenance,
17    Transportation, and Working Cash Funds.
18        (4) The district refuses to provide financial
19    information or cooperate with the State Superintendent in
20    an investigation of the district's financial condition.
21        (5) The district is likely to fail to fully meet any
22    regularly scheduled, payroll-period obligations when due
23    or any debt service payments when due or both.
24    No school district shall be certified by the State Board of
25Education to be in financial difficulty solely by reason of any
26of the above circumstances arising as a result of (i) the

 

 

10000SB0001ham002- 129 -LRB100 06371 MLM 27378 a

1failure of the county to make any distribution of property tax
2money due the district at the time such distribution is due or
3(ii) the failure of this State to make timely payments of
4general State aid, evidence-based funding, or any of the
5mandated categoricals; or if the district clearly demonstrates
6to the satisfaction of the State Board of Education at the time
7of its determination that such condition no longer exists. If
8the State Board of Education certifies that a district in a
9city with 500,000 inhabitants or more is in financial
10difficulty, the State Board shall so notify the Governor and
11the Mayor of the city in which the district is located. The
12State Board of Education may require school districts certified
13in financial difficulty, except those districts subject to
14Article 34A, to develop, adopt and submit a financial plan
15within 45 days after certification of financial difficulty. The
16financial plan shall be developed according to guidelines
17presented to the district by the State Board of Education
18within 14 days of certification. Such guidelines shall address
19the specific nature of each district's financial difficulties.
20Any proposed budget of the district shall be consistent with
21the financial plan submitted to and approved by the State Board
22of Education.
23    A district certified to be in financial difficulty, other
24than a district subject to Article 34A, shall report to the
25State Board of Education at such times and in such manner as
26the State Board may direct, concerning the district's

 

 

10000SB0001ham002- 130 -LRB100 06371 MLM 27378 a

1compliance with each financial plan. The State Board may review
2the district's operations, obtain budgetary data and financial
3statements, require the district to produce reports, and have
4access to any other information in the possession of the
5district that it deems relevant. The State Board may issue
6recommendations or directives within its powers to the district
7to assist in compliance with the financial plan. The district
8shall produce such budgetary data, financial statements,
9reports and other information and comply with such directives.
10If the State Board of Education determines that a district has
11failed to comply with its financial plan, the State Board of
12Education may rescind approval of the plan and appoint a
13Financial Oversight Panel for the district as provided in
14Section 1B-4. This action shall be taken only after the
15district has been given notice and an opportunity to appear
16before the State Board of Education to discuss its failure to
17comply with its financial plan.
18    No bonds, notes, teachers orders, tax anticipation
19warrants or other evidences of indebtedness shall be issued or
20sold by a school district or be legally binding upon or
21enforceable against a local board of education of a district
22certified to be in financial difficulty unless and until the
23financial plan required under this Section has been approved by
24the State Board of Education.
25    Any financial profile compiled and distributed by the State
26Board of Education in Fiscal Year 2009 or any fiscal year

 

 

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1thereafter shall incorporate such adjustments as may be needed
2in the profile scores to reflect the financial effects of the
3inability or refusal of the State of Illinois to make timely
4disbursements of any general State aid, evidence-based
5funding, or mandated categorical aid payments due school
6districts or to fully reimburse school districts for mandated
7categorical programs pursuant to reimbursement formulas
8provided in this School Code.
9(Source: P.A. 96-668, eff. 8-25-09; 96-1423, eff. 8-3-10;
1097-429, eff. 8-16-11.)
 
11    (105 ILCS 5/1B-5)  (from Ch. 122, par. 1B-5)
12    Sec. 1B-5. When a petition for emergency financial
13assistance for a school district is allowed by the State Board
14under Section 1B-4, the State Superintendent shall within 10
15days thereafter appoint 3 members to serve at the State
16Superintendent's pleasure on a Financial Oversight Panel for
17the district. The State Superintendent shall designate one of
18the members of the Panel to serve as its Chairman. In the event
19of vacancy or resignation the State Superintendent shall
20appoint a successor within 10 days of receiving notice thereof.
21    Members of the Panel shall be selected primarily on the
22basis of their experience and education in financial
23management, with consideration given to persons knowledgeable
24in education finance. A member of the Panel may not be a board
25member or employee of the district for which the Panel is

 

 

10000SB0001ham002- 132 -LRB100 06371 MLM 27378 a

1constituted, nor may a member have a direct financial interest
2in that district.
3    Panel members shall serve without compensation, but may be
4reimbursed for travel and other necessary expenses incurred in
5the performance of their official duties by the State Board.
6The amount reimbursed Panel members for their expenses shall be
7charged to the school district as part of any emergency
8financial assistance and incorporated as a part of the terms
9and conditions for repayment of such assistance or shall be
10deducted from the district's general State aid or
11evidence-based funding as provided in Section 1B-8.
12    The first meeting of the Panel shall be held at the call of
13the Chairman. The Panel may elect such other officers as it
14deems appropriate. The Panel shall prescribe the times and
15places for its meetings and the manner in which regular and
16special meetings may be called, and shall comply with the Open
17Meetings Act.
18    Two members of the Panel shall constitute a quorum, and the
19affirmative vote of 2 members shall be necessary for any
20decision or action to be taken by the Panel.
21    The Panel and the State Superintendent shall cooperate with
22each other in the exercise of their respective powers. The
23Panel shall report not later than September 1 annually to the
24State Board and the State Superintendent with respect to its
25activities and the condition of the school district for the
26previous fiscal year.

 

 

10000SB0001ham002- 133 -LRB100 06371 MLM 27378 a

1    Any Financial Oversight Panel established under this
2Article shall remain in existence for not less than 3 years nor
3more than 10 years from the date the State Board grants the
4petition under Section 1B-4. If after 3 years the school
5district has repaid all of its obligations resulting from
6emergency State financial assistance provided under this
7Article and has improved its financial situation, the board of
8education may, not more frequently than once in any 12 month
9period, petition the State Board to dissolve the Financial
10Oversight Panel, terminate the oversight responsibility, and
11remove the district's certification under Section 1A-8 as a
12district in financial difficulty. In acting on such a petition
13the State Board shall give additional weight to the
14recommendations of the State Superintendent and the Financial
15Oversight Panel.
16(Source: P.A. 88-618, eff. 9-9-94.)
 
17    (105 ILCS 5/1B-6)  (from Ch. 122, par. 1B-6)
18    Sec. 1B-6. General powers. The purpose of the Financial
19Oversight Panel shall be to exercise financial control over the
20board of education, and, when approved by the State Board and
21the State Superintendent of Education, to furnish financial
22assistance so that the board can provide public education
23within the board's jurisdiction while permitting the board to
24meet its obligations to its creditors and the holders of its
25notes and bonds. Except as expressly limited by this Article,

 

 

10000SB0001ham002- 134 -LRB100 06371 MLM 27378 a

1the Panel shall have all powers necessary to meet its
2responsibilities and to carry out its purposes and the purposes
3of this Article, including, but not limited to, the following
4powers:
5    (a) to sue and be sued;
6    (b) to provide for its organization and internal
7management;
8    (c) to appoint a Financial Administrator to serve as the
9chief executive officer of the Panel. The Financial
10Administrator may be an individual, partnership, corporation,
11including an accounting firm, or other entity determined by the
12Panel to be qualified to serve; and to appoint other officers,
13agents, and employees of the Panel, define their duties and
14qualifications and fix their compensation and employee
15benefits;
16    (d) to approve the local board of education appointments to
17the positions of treasurer in a Class I county school unit and
18in each school district which forms a part of a Class II county
19school unit but which no longer is subject to the jurisdiction
20and authority of a township treasurer or trustees of schools of
21a township because the district has withdrawn from the
22jurisdiction and authority of the township treasurer and the
23trustees of schools of the township or because those offices
24have been abolished as provided in subsection (b) or (c) of
25Section 5-1, and chief school business official, if such
26official is not the superintendent of the district. Either the

 

 

10000SB0001ham002- 135 -LRB100 06371 MLM 27378 a

1board or the Panel may remove such treasurer or chief school
2business official;
3    (e) to approve any and all bonds, notes, teachers orders,
4tax anticipation warrants, and other evidences of indebtedness
5prior to issuance or sale by the school district; and
6notwithstanding any other provision of The School Code, as now
7or hereafter amended, no bonds, notes, teachers orders, tax
8anticipation warrants or other evidences of indebtedness shall
9be issued or sold by the school district or be legally binding
10upon or enforceable against the local board of education unless
11and until the approval of the Panel has been received;
12    (f) to approve all property tax levies of the school
13district and require adjustments thereto as the Panel deems
14necessary or advisable;
15    (g) to require and approve a school district financial
16plan;
17    (h) to approve and require revisions of the school district
18budget;
19    (i) to approve all contracts and other obligations as the
20Panel deems necessary and appropriate;
21    (j) to authorize emergency State financial assistance,
22including requirements regarding the terms and conditions of
23repayment of such assistance, and to require the board of
24education to levy a separate local property tax, subject to the
25limitations of Section 1B-8, sufficient to repay such
26assistance consistent with the terms and conditions of

 

 

10000SB0001ham002- 136 -LRB100 06371 MLM 27378 a

1repayment and the district's approved financial plan and
2budget;
3    (k) to request the regional superintendent to make
4appointments to fill all vacancies on the local school board as
5provided in Section 10-10;
6    (l) to recommend dissolution or reorganization of the
7school district to the General Assembly if in the Panel's
8judgment the circumstances so require;
9    (m) to direct a phased reduction in the oversight
10responsibilities of the Financial Administrator and of the
11Panel as the circumstances permit;
12    (n) to determine the amount of emergency State financial
13assistance to be made available to the school district, and to
14establish an operating budget for the Panel to be supported by
15funds available from such assistance, with the assistance and
16the budget required to be approved by the State Superintendent;
17    (o) to procure insurance against any loss in such amounts
18and from such insurers as it deems necessary;
19    (p) to engage the services of consultants for rendering
20professional and technical assistance and advice on matters
21within the Panel's power;
22    (q) to contract for and to accept any gifts, grants or
23loans of funds or property or financial or other aid in any
24form from the federal government, State government, unit of
25local government, school district or any agency or
26instrumentality thereof, or from any other private or public

 

 

10000SB0001ham002- 137 -LRB100 06371 MLM 27378 a

1source, and to comply with the terms and conditions thereof;
2    (r) to pay the expenses of its operations based on the
3Panel's budget as approved by the State Superintendent from
4emergency financial assistance funds available to the district
5or from deductions from the district's general State aid or
6evidence-based funding;
7    (s) to do any and all things necessary or convenient to
8carry out its purposes and exercise the powers given to the
9Panel by this Article; and
10    (t) to recommend the creation of a school finance authority
11pursuant to Article 1F of this Code.
12(Source: P.A. 91-357, eff. 7-29-99; 92-855, eff. 12-6-02.)
 
13    (105 ILCS 5/1B-7)  (from Ch. 122, par. 1B-7)
14    Sec. 1B-7. Financial Administrator; Powers and Duties. The
15Financial Administrator appointed by the Financial Oversight
16Panel shall serve as the Panel's chief executive officer. The
17Financial Administrator shall exercise the powers and duties
18required by the Panel, including but not limited to the
19following:
20    (a) to provide guidance and recommendations to the local
21board and officials of the school district in developing the
22district's financial plan and budget prior to board action;
23    (b) to direct the local board to reorganize its financial
24accounts, budgetary systems, and internal accounting and
25financial controls, in whatever manner the Panel deems

 

 

10000SB0001ham002- 138 -LRB100 06371 MLM 27378 a

1appropriate to achieve greater financial responsibility and to
2reduce financial inefficiency, and to provide technical
3assistance to aid the district in accomplishing the
4reorganization;
5    (c) to make recommendations to the Financial Oversight
6Panel concerning the school district's financial plan and
7budget, and all other matters within the scope of the Panel's
8authority;
9    (d) to prepare and recommend to the Panel a proposal for
10emergency State financial assistance for the district,
11including recommended terms and conditions of repayment, and an
12operations budget for the Panel to be funded from the emergency
13assistance or from deductions from the district's general State
14aid or evidence-based funding;
15    (e) to require the local board to prepare and submit
16preliminary staffing and budgetary analyses annually prior to
17February 1 in such manner and form as the Financial
18Administrator shall prescribe; and
19    (f) subject to the direction of the Panel, to do all other
20things necessary or convenient to carry out its purposes and
21exercise the powers given to the Panel under this Article.
22(Source: P.A. 88-618, eff. 9-9-94.)
 
23    (105 ILCS 5/1B-8)  (from Ch. 122, par. 1B-8)
24    Sec. 1B-8. There is created in the State Treasury a special
25fund to be known as the School District Emergency Financial

 

 

10000SB0001ham002- 139 -LRB100 06371 MLM 27378 a

1Assistance Fund (the "Fund"). The School District Emergency
2Financial Assistance Fund shall consist of appropriations,
3loan repayments, grants from the federal government, and
4donations from any public or private source. Moneys in the Fund
5may be appropriated only to the Illinois Finance Authority and
6the State Board for those purposes authorized under this
7Article and Articles 1F and 1H of this Code. The appropriation
8may be allocated and expended by the State Board for
9contractual services to provide technical assistance or
10consultation to school districts to assess their financial
11condition and to Financial Oversight Panels that petition for
12emergency financial assistance grants. The Illinois Finance
13Authority may provide loans to school districts which are the
14subject of an approved petition for emergency financial
15assistance under Section 1B-4, 1F-62, or 1H-65 of this Code.
16Neither the State Board of Education nor the Illinois Finance
17Authority may collect any fees for providing these services.
18    From the amount allocated to each such school district
19under this Article the State Board shall identify a sum
20sufficient to cover all approved costs of the Financial
21Oversight Panel established for the respective school
22district. If the State Board and State Superintendent of
23Education have not approved emergency financial assistance in
24conjunction with the appointment of a Financial Oversight
25Panel, the Panel's approved costs shall be paid from deductions
26from the district's general State aid or evidence-based

 

 

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1funding.
2    The Financial Oversight Panel may prepare and file with the
3State Superintendent a proposal for emergency financial
4assistance for the school district and for its operations
5budget. No expenditures from the Fund shall be authorized by
6the State Superintendent until he or she has approved the
7request of the Panel, either as submitted or in such lesser
8amount determined by the State Superintendent.
9    The maximum amount of an emergency financial assistance
10loan which may be allocated to any school district under this
11Article, including moneys necessary for the operations of the
12Panel, shall not exceed $4,000 times the number of pupils
13enrolled in the school district during the school year ending
14June 30 prior to the date of approval by the State Board of the
15petition for emergency financial assistance, as certified to
16the local board and the Panel by the State Superintendent. An
17emergency financial assistance grant shall not exceed $1,000
18times the number of such pupils. A district may receive both a
19loan and a grant.
20    The payment of an emergency State financial assistance
21grant or loan shall be subject to appropriation by the General
22Assembly. Payment of the emergency State financial assistance
23loan is subject to the applicable provisions of the Illinois
24Finance Authority Act. Emergency State financial assistance
25allocated and paid to a school district under this Article may
26be applied to any fund or funds from which the local board of

 

 

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1education of that district is authorized to make expenditures
2by law.
3    Any emergency financial assistance grant proposed by the
4Financial Oversight Panel and approved by the State
5Superintendent may be paid in its entirety during the initial
6year of the Panel's existence or spread in equal or declining
7amounts over a period of years not to exceed the period of the
8Panel's existence. An emergency financial assistance loan
9proposed by the Financial Oversight Panel and approved by the
10Illinois Finance Authority may be paid in its entirety during
11the initial year of the Panel's existence or spread in equal or
12declining amounts over a period of years not to exceed the
13period of the Panel's existence. All loans made by the Illinois
14Finance Authority for a school district shall be required to be
15repaid, with simple interest over the term of the loan at a
16rate equal to 50% of the one-year Constant Maturity Treasury
17(CMT) yield as last published by the Board of Governors of the
18Federal Reserve System before the date on which the district's
19loan is approved by the Illinois Finance Authority, not later
20than the date the Financial Oversight Panel ceases to exist.
21The Panel shall establish and the Illinois Finance Authority
22shall approve the terms and conditions, including the schedule,
23of repayments. The schedule shall provide for repayments
24commencing July 1 of each year or upon each fiscal year's
25receipt of moneys from a tax levy for emergency financial
26assistance. Repayment shall be incorporated into the annual

 

 

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1budget of the school district and may be made from any fund or
2funds of the district in which there are moneys available. An
3emergency financial assistance loan to the Panel or district
4shall not be considered part of the calculation of a district's
5debt for purposes of the limitation specified in Section 19-1
6of this Code. Default on repayment is subject to the Illinois
7Grant Funds Recovery Act. When moneys are repaid as provided
8herein they shall not be made available to the local board for
9further use as emergency financial assistance under this
10Article at any time thereafter. All repayments required to be
11made by a school district shall be received by the State Board
12and deposited in the School District Emergency Financial
13Assistance Fund.
14    In establishing the terms and conditions for the repayment
15obligation of the school district the Panel shall annually
16determine whether a separate local property tax levy is
17required. The board of any school district with a tax rate for
18educational purposes for the prior year of less than 120% of
19the maximum rate for educational purposes authorized by Section
2017-2 shall provide for a separate tax levy for emergency
21financial assistance repayment purposes. Such tax levy shall
22not be subject to referendum approval. The amount of the levy
23shall be equal to the amount necessary to meet the annual
24repayment obligations of the district as established by the
25Panel, or 20% of the amount levied for educational purposes for
26the prior year, whichever is less. However, no district shall

 

 

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1be required to levy the tax if the district's operating tax
2rate as determined under Section 18-8, or 18-8.05, or 18-8.15
3exceeds 200% of the district's tax rate for educational
4purposes for the prior year.
5(Source: P.A. 97-429, eff. 8-16-11.)
 
6    (105 ILCS 5/1C-1)
7    Sec. 1C-1. Purpose. The purpose of this Article is to
8permit greater flexibility and efficiency in the distribution
9and use of certain State funds available to local education
10agencies for the improvement of the quality of educational
11services pursuant to locally established priorities.
12    Through fiscal year 2017, this This Article does not apply
13to school districts having a population in excess of 500,000
14inhabitants.
15(Source: P.A. 88-555, eff. 7-27-94; 89-15, eff. 5-30-95;
1689-397, eff. 8-20-95; 89-626, eff. 8-9-96.)
 
17    (105 ILCS 5/1C-2)
18    Sec. 1C-2. Block grants.
19    (a) For fiscal year 1999, and each fiscal year thereafter,
20the State Board of Education shall award to school districts
21block grants as described in subsection (c). The State Board of
22Education may adopt rules and regulations necessary to
23implement this Section. In accordance with Section 2-3.32, all
24state block grants are subject to an audit. Therefore, block

 

 

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1grant receipts and block grant expenditures shall be recorded
2to the appropriate fund code.
3    (b) (Blank).
4    (c) An Early Childhood Education Block Grant shall be
5created by combining the following programs: Preschool
6Education, Parental Training and Prevention Initiative. These
7funds shall be distributed to school districts and other
8entities on a competitive basis, except that the State Board of
9Education shall award to a school district having a population
10exceeding 500,000 inhabitants 37% of the funds in each fiscal
11year. Not less than 14% of the Early Childhood Education Block
12Grant allocation of funds shall be used to fund programs for
13children ages 0-3. Beginning in Fiscal Year 2016, at least 25%
14of any additional Early Childhood Education Block Grant funding
15over and above the previous fiscal year's allocation shall be
16used to fund programs for children ages 0-3. Once the
17percentage of Early Childhood Education Block Grant funding
18allocated to programs for children ages 0-3 reaches 20% of the
19overall Early Childhood Education Block Grant allocation for a
20full fiscal year, thereafter in subsequent fiscal years the
21percentage of Early Childhood Education Block Grant funding
22allocated to programs for children ages 0-3 each fiscal year
23shall remain at least 20% of the overall Early Childhood
24Education Block Grant allocation. However, if, in a given
25fiscal year, the amount appropriated for the Early Childhood
26Education Block Grant is insufficient to increase the

 

 

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1percentage of the grant to fund programs for children ages 0-3
2without reducing the amount of the grant for existing providers
3of preschool education programs, then the percentage of the
4grant to fund programs for children ages 0-3 may be held steady
5instead of increased.
6(Source: P.A. 98-645, eff. 7-1-14; 99-589, eff. 7-21-16.)
 
7    (105 ILCS 5/1D-1)
8    Sec. 1D-1. Block grant funding.
9    (a) For fiscal year 1996 through fiscal year 2017 and each
10fiscal year thereafter, the State Board of Education shall
11award to a school district having a population exceeding
12500,000 inhabitants a general education block grant and an
13educational services block grant, determined as provided in
14this Section, in lieu of distributing to the district separate
15State funding for the programs described in subsections (b) and
16(c). The provisions of this Section, however, do not apply to
17any federal funds that the district is entitled to receive. In
18accordance with Section 2-3.32, all block grants are subject to
19an audit. Therefore, block grant receipts and block grant
20expenditures shall be recorded to the appropriate fund code for
21the designated block grant.
22    (b) The general education block grant shall include the
23following programs: REI Initiative, Summer Bridges, Preschool
24At Risk, K-6 Comprehensive Arts, School Improvement Support,
25Urban Education, Scientific Literacy, Substance Abuse

 

 

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1Prevention, Second Language Planning, Staff Development,
2Outcomes and Assessment, K-6 Reading Improvement, 7-12
3Continued Reading Improvement, Truants' Optional Education,
4Hispanic Programs, Agriculture Education, Parental Education,
5Prevention Initiative, Report Cards, and Criminal Background
6Investigations. Notwithstanding any other provision of law,
7all amounts paid under the general education block grant from
8State appropriations to a school district in a city having a
9population exceeding 500,000 inhabitants shall be appropriated
10and expended by the board of that district for any of the
11programs included in the block grant or any of the board's
12lawful purposes.
13    (c) The educational services block grant shall include the
14following programs: Regular and Vocational Transportation,
15State Lunch and Free Breakfast Program, Special Education
16(Personnel, Transportation, Orphanage, Private Tuition),
17funding for children requiring special education services,
18Summer School, Educational Service Centers, and
19Administrator's Academy. This subsection (c) does not relieve
20the district of its obligation to provide the services required
21under a program that is included within the educational
22services block grant. It is the intention of the General
23Assembly in enacting the provisions of this subsection (c) to
24relieve the district of the administrative burdens that impede
25efficiency and accompany single-program funding. The General
26Assembly encourages the board to pursue mandate waivers

 

 

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1pursuant to Section 2-3.25g.
2    The funding program included in the educational services
3block grant for funding for children requiring special
4education services in each fiscal year shall be treated in that
5fiscal year as a payment to the school district in respect of
6services provided or costs incurred in the prior fiscal year,
7calculated in each case as provided in this Section. Nothing in
8this Section shall change the nature of payments for any
9program that, apart from this Section, would be or, prior to
10adoption or amendment of this Section, was on the basis of a
11payment in a fiscal year in respect of services provided or
12costs incurred in the prior fiscal year, calculated in each
13case as provided in this Section.
14    (d) For fiscal year 1996 through fiscal year 2017 and each
15fiscal year thereafter, the amount of the district's block
16grants shall be determined as follows: (i) with respect to each
17program that is included within each block grant, the district
18shall receive an amount equal to the same percentage of the
19current fiscal year appropriation made for that program as the
20percentage of the appropriation received by the district from
21the 1995 fiscal year appropriation made for that program, and
22(ii) the total amount that is due the district under the block
23grant shall be the aggregate of the amounts that the district
24is entitled to receive for the fiscal year with respect to each
25program that is included within the block grant that the State
26Board of Education shall award the district under this Section

 

 

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1for that fiscal year. In the case of the Summer Bridges
2program, the amount of the district's block grant shall be
3equal to 44% of the amount of the current fiscal year
4appropriation made for that program.
5    (e) The district is not required to file any application or
6other claim in order to receive the block grants to which it is
7entitled under this Section. The State Board of Education shall
8make payments to the district of amounts due under the
9district's block grants on a schedule determined by the State
10Board of Education.
11    (f) A school district to which this Section applies shall
12report to the State Board of Education on its use of the block
13grants in such form and detail as the State Board of Education
14may specify. In addition, the report must include the following
15description for the district, which must also be reported to
16the General Assembly: block grant allocation and expenditures
17by program; population and service levels by program; and
18administrative expenditures by program. The State Board of
19Education shall ensure that the reporting requirements for the
20district are the same as for all other school districts in this
21State.
22    (g) Through fiscal year 2017, this This paragraph provides
23for the treatment of block grants under Article 1C for purposes
24of calculating the amount of block grants for a district under
25this Section. Those block grants under Article 1C are, for this
26purpose, treated as included in the amount of appropriation for

 

 

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1the various programs set forth in paragraph (b) above. The
2appropriation in each current fiscal year for each block grant
3under Article 1C shall be treated for these purposes as
4appropriations for the individual program included in that
5block grant. The proportion of each block grant so allocated to
6each such program included in it shall be the proportion which
7the appropriation for that program was of all appropriations
8for such purposes now in that block grant, in fiscal 1995.
9    Payments to the school district under this Section with
10respect to each program for which payments to school districts
11generally, as of the date of this amendatory Act of the 92nd
12General Assembly, are on a reimbursement basis shall continue
13to be made to the district on a reimbursement basis, pursuant
14to the provisions of this Code governing those programs.
15    (h) Notwithstanding any other provision of law, any school
16district receiving a block grant under this Section may
17classify all or a portion of the funds that it receives in a
18particular fiscal year from any block grant authorized under
19this Code or from general State aid pursuant to Section 18-8.05
20of this Code (other than supplemental general State aid) as
21funds received in connection with any funding program for which
22it is entitled to receive funds from the State in that fiscal
23year (including, without limitation, any funding program
24referred to in subsection (c) of this Section), regardless of
25the source or timing of the receipt. The district may not
26classify more funds as funds received in connection with the

 

 

10000SB0001ham002- 150 -LRB100 06371 MLM 27378 a

1funding program than the district is entitled to receive in
2that fiscal year for that program. Any classification by a
3district must be made by a resolution of its board of
4education. The resolution must identify the amount of any block
5grant or general State aid to be classified under this
6subsection (h) and must specify the funding program to which
7the funds are to be treated as received in connection
8therewith. This resolution is controlling as to the
9classification of funds referenced therein. A certified copy of
10the resolution must be sent to the State Superintendent of
11Education. The resolution shall still take effect even though a
12copy of the resolution has not been sent to the State
13Superintendent of Education in a timely manner. No
14classification under this subsection (h) by a district shall
15affect the total amount or timing of money the district is
16entitled to receive under this Code. No classification under
17this subsection (h) by a district shall in any way relieve the
18district from or affect any requirements that otherwise would
19apply with respect to the block grant as provided in this
20Section, including any accounting of funds by source, reporting
21expenditures by original source and purpose, reporting
22requirements, or requirements of provision of services.
23(Source: P.A. 97-238, eff. 8-2-11; 97-324, eff. 8-12-11;
2497-813, eff. 7-13-12.)
 
25    (105 ILCS 5/1E-20)

 

 

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1    (This Section scheduled to be repealed in accordance with
2105 ILCS 5/1E-165)
3    Sec. 1E-20. Members of Authority; meetings.
4    (a) When a petition for a School Finance Authority is
5allowed by the State Board under Section 1E-15 of this Code,
6the State Superintendent shall within 10 days thereafter
7appoint 5 members to serve on a School Finance Authority for
8the district. Of the initial members, 2 shall be appointed to
9serve a term of 2 years and 3 shall be appointed to serve a term
10of 3 years. Thereafter, each member shall serve for a term of 3
11years and until his or her successor has been appointed. The
12State Superintendent shall designate one of the members of the
13Authority to serve as its Chairperson. In the event of vacancy
14or resignation, the State Superintendent shall, within 10 days
15after receiving notice, appoint a successor to serve out that
16member's term. The State Superintendent may remove a member for
17incompetence, malfeasance, neglect of duty, or other just
18cause.
19    Members of the Authority shall be selected primarily on the
20basis of their experience and education in financial
21management, with consideration given to persons knowledgeable
22in education finance. Two members of the Authority shall be
23residents of the school district that the Authority serves. A
24member of the Authority may not be a member of the district's
25school board or an employee of the district nor may a member
26have a direct financial interest in the district.

 

 

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1    Authority members shall serve without compensation, but
2may be reimbursed by the State Board for travel and other
3necessary expenses incurred in the performance of their
4official duties. Unless paid from bonds issued under Section
51E-65 of this Code, the amount reimbursed members for their
6expenses shall be charged to the school district as part of any
7emergency financial assistance and incorporated as a part of
8the terms and conditions for repayment of the assistance or
9shall be deducted from the district's general State aid or
10evidence-based funding as provided in Section 1B-8 of this
11Code.
12    The Authority may elect such officers as it deems
13appropriate.
14    (b) The first meeting of the Authority shall be held at the
15call of the Chairperson. The Authority shall prescribe the
16times and places for its meetings and the manner in which
17regular and special meetings may be called and shall comply
18with the Open Meetings Act.
19    Three members of the Authority shall constitute a quorum.
20When a vote is taken upon any measure before the Authority, a
21quorum being present, a majority of the votes of the members
22voting on the measure shall determine the outcome.
23(Source: P.A. 92-547, eff. 6-13-02.)
 
24    (105 ILCS 5/1F-20)
25(This Section scheduled to be repealed in accordance with 105

 

 

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1ILCS 5/1F-165)
2    Sec. 1F-20. Members of Authority; meetings.
3    (a) Upon establishment of a School Finance Authority under
4Section 1F-15 of this Code, the State Superintendent shall
5within 15 days thereafter appoint 5 members to serve on a
6School Finance Authority for the district. Of the initial
7members, 2 shall be appointed to serve a term of 2 years and 3
8shall be appointed to serve a term of 3 years. Thereafter, each
9member shall serve for a term of 3 years and until his or her
10successor has been appointed. The State Superintendent shall
11designate one of the members of the Authority to serve as its
12Chairperson. In the event of vacancy or resignation, the State
13Superintendent shall, within 10 days after receiving notice,
14appoint a successor to serve out that member's term. The State
15Superintendent may remove a member for incompetence,
16malfeasance, neglect of duty, or other just cause.
17    Members of the Authority shall be selected primarily on the
18basis of their experience and education in financial
19management, with consideration given to persons knowledgeable
20in education finance. Two members of the Authority shall be
21residents of the school district that the Authority serves. A
22member of the Authority may not be a member of the district's
23school board or an employee of the district nor may a member
24have a direct financial interest in the district.
25    Authority members shall be paid a stipend approved by the
26State Superintendent of not more than $100 per meeting and may

 

 

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1be reimbursed by the State Board for travel and other necessary
2expenses incurred in the performance of their official duties.
3Unless paid from bonds issued under Section 1F-65 of this Code,
4the amount reimbursed members for their expenses shall be
5charged to the school district as part of any emergency
6financial assistance and incorporated as a part of the terms
7and conditions for repayment of the assistance or shall be
8deducted from the district's general State aid or
9evidence-based funding as provided in Section 1B-8 of this
10Code.
11    The Authority may elect such officers as it deems
12appropriate.
13    (b) The first meeting of the Authority shall be held at the
14call of the Chairperson. The Authority shall prescribe the
15times and places for its meetings and the manner in which
16regular and special meetings may be called and shall comply
17with the Open Meetings Act.
18    Three members of the Authority shall constitute a quorum.
19When a vote is taken upon any measure before the Authority, a
20quorum being present, a majority of the votes of the members
21voting on the measure shall determine the outcome.
22(Source: P.A. 94-234, eff. 7-1-06.)
 
23    (105 ILCS 5/1F-62)
24(This Section scheduled to be repealed in accordance with 105
25ILCS 5/1F-165)

 

 

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1    Sec. 1F-62. School District Emergency Financial Assistance
2Fund; grants and loans.
3    (a) Moneys in the School District Emergency Financial
4Assistance Fund established under Section 1B-8 of this Code may
5be allocated and expended by the State Board as grants to
6provide technical and consulting services to school districts
7to assess their financial condition and by the Illinois Finance
8Authority for emergency financial assistance loans to a School
9Finance Authority that petitions for emergency financial
10assistance. An emergency financial assistance loan to a School
11Finance Authority or borrowing from sources other than the
12State shall not be considered as part of the calculation of a
13district's debt for purposes of the limitation specified in
14Section 19-1 of this Code. From the amount allocated to each
15School Finance Authority, the State Board shall identify a sum
16sufficient to cover all approved costs of the School Finance
17Authority. If the State Board and State Superintendent have not
18approved emergency financial assistance in conjunction with
19the appointment of a School Finance Authority, the Authority's
20approved costs shall be paid from deductions from the
21district's general State aid or evidence-based funding.
22    The School Finance Authority may prepare and file with the
23State Superintendent a proposal for emergency financial
24assistance for the school district and for its operations
25budget. No expenditures shall be authorized by the State
26Superintendent until he or she has approved the proposal of the

 

 

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1School Finance Authority, either as submitted or in such lesser
2amount determined by the State Superintendent.
3    (b) The amount of an emergency financial assistance loan
4that may be allocated to a School Finance Authority under this
5Article, including moneys necessary for the operations of the
6School Finance Authority, and borrowing from sources other than
7the State shall not exceed, in the aggregate, $4,000 times the
8number of pupils enrolled in the district during the school
9year ending June 30 prior to the date of approval by the State
10Board of the petition for emergency financial assistance, as
11certified to the school board and the School Finance Authority
12by the State Superintendent. However, this limitation does not
13apply to borrowing by the district secured by amounts levied by
14the district prior to establishment of the School Finance
15Authority. An emergency financial assistance grant shall not
16exceed $1,000 times the number of such pupils. A district may
17receive both a loan and a grant.
18    (c) The payment of a State emergency financial assistance
19grant or loan shall be subject to appropriation by the General
20Assembly. State emergency financial assistance allocated and
21paid to a School Finance Authority under this Article may be
22applied to any fund or funds from which the School Finance
23Authority is authorized to make expenditures by law.
24    (d) Any State emergency financial assistance proposed by
25the School Finance Authority and approved by the State
26Superintendent may be paid in its entirety during the initial

 

 

10000SB0001ham002- 157 -LRB100 06371 MLM 27378 a

1year of the School Finance Authority's existence or spread in
2equal or declining amounts over a period of years not to exceed
3the period of the School Finance Authority's existence. The
4State Superintendent shall not approve any loan to the School
5Finance Authority unless the School Finance Authority has been
6unable to borrow sufficient funds to operate the district.
7    All loan payments made from the School District Emergency
8Financial Assistance Fund to a School Finance Authority shall
9be required to be repaid not later than the date the School
10Finance Authority ceases to exist, with simple interest over
11the term of the loan at a rate equal to 50% of the one-year
12Constant Maturity Treasury (CMT) yield as last published by the
13Board of Governors of the Federal Reserve System before the
14date on which the School Finance Authority's loan is approved
15by the State Board.
16    The School Finance Authority shall establish and the
17Illinois Finance Authority shall approve the terms and
18conditions of the loan, including the schedule of repayments.
19The schedule shall provide for repayments commencing July 1 of
20each year or upon each fiscal year's receipt of moneys from a
21tax levy for emergency financial assistance. Repayment shall be
22incorporated into the annual budget of the district and may be
23made from any fund or funds of the district in which there are
24moneys available. Default on repayment is subject to the
25Illinois Grant Funds Recovery Act. When moneys are repaid as
26provided in this Section, they shall not be made available to

 

 

10000SB0001ham002- 158 -LRB100 06371 MLM 27378 a

1the School Finance Authority for further use as emergency
2financial assistance under this Article at any time thereafter.
3All repayments required to be made by a School Finance
4Authority shall be received by the State Board and deposited in
5the School District Emergency Financial Assistance Fund.
6    In establishing the terms and conditions for the repayment
7obligation of the School Finance Authority, the School Finance
8Authority shall annually determine whether a separate local
9property tax levy is required to meet that obligation. The
10School Finance Authority shall provide for a separate tax levy
11for emergency financial assistance repayment purposes. This
12tax levy shall not be subject to referendum approval. The
13amount of the levy shall not exceed the amount necessary to
14meet the annual emergency financial repayment obligations of
15the district, including principal and interest, as established
16by the School Finance Authority.
17(Source: P.A. 94-234, eff. 7-1-06.)
 
18    (105 ILCS 5/1H-20)
19    Sec. 1H-20. Members of Panel; meetings.
20    (a) Upon establishment of a Financial Oversight Panel under
21Section 1H-15 of this Code, the State Superintendent shall
22within 15 working days thereafter appoint 5 members to serve on
23a Financial Oversight Panel for the district. Members appointed
24to the Panel shall serve at the pleasure of the State
25Superintendent. The State Superintendent shall designate one

 

 

10000SB0001ham002- 159 -LRB100 06371 MLM 27378 a

1of the members of the Panel to serve as its Chairperson. In the
2event of vacancy or resignation, the State Superintendent
3shall, within 10 days after receiving notice, appoint a
4successor to serve out that member's term.
5    (b) Members of the Panel shall be selected primarily on the
6basis of their experience and education in financial
7management, with consideration given to persons knowledgeable
8in education finance. Two members of the Panel shall be
9residents of the school district that the Panel serves. A
10member of the Panel may not be a member of the district's
11school board or an employee of the district nor may a member
12have a direct financial interest in the district.
13    (c) Panel members may be reimbursed by the State Board for
14travel and other necessary expenses incurred in the performance
15of their official duties. The amount reimbursed members for
16their expenses shall be charged to the school district as part
17of any emergency financial assistance and incorporated as a
18part of the terms and conditions for repayment of the
19assistance or shall be deducted from the district's general
20State aid or evidence-based funding as provided in Section
211H-65 of this Code.
22    (d) With the exception of the chairperson, who shall be
23designated as provided in subsection (a) of this Section, the
24Panel may elect such officers as it deems appropriate.
25    (e) The first meeting of the Panel shall be held at the
26call of the Chairperson. The Panel shall prescribe the times

 

 

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1and places for its meetings and the manner in which regular and
2special meetings may be called and shall comply with the Open
3Meetings Act. The Panel shall also comply with the Freedom of
4Information Act.
5    (f) Three members of the Panel shall constitute a quorum. A
6majority of members present is required to pass a measure.
7(Source: P.A. 97-429, eff. 8-16-11.)
 
8    (105 ILCS 5/1H-70)
9    Sec. 1H-70. Tax anticipation warrants, tax anticipation
10notes, revenue anticipation certificates or notes, general
11State aid or evidence-based funding anticipation certificates,
12and lines of credit. With the approval of the State
13Superintendent and provided that the district is unable to
14secure short-term financing after 3 attempts, a Panel shall
15have the same power as a district to do the following:
16        (1) issue tax anticipation warrants under the
17    provisions of Section 17-16 of this Code against taxes
18    levied by either the school board or the Panel pursuant to
19    Section 1H-25 of this Code;
20        (2) issue tax anticipation notes under the provisions
21    of the Tax Anticipation Note Act against taxes levied by
22    either the school board or the Panel pursuant to Section
23    1H-25 of this Code;
24        (3) issue revenue anticipation certificates or notes
25    under the provisions of the Revenue Anticipation Act;

 

 

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1        (4) issue general State aid or evidence-based funding
2    anticipation certificates under the provisions of Section
3    18-18 of this Code; and
4        (5) establish and utilize lines of credit under the
5    provisions of Section 17-17 of this Code.
6    Tax anticipation warrants, tax anticipation notes, revenue
7anticipation certificates or notes, general State aid or
8evidence-based funding anticipation certificates, and lines of
9credit are considered borrowing from sources other than the
10State and are subject to Section 1H-65 of this Code.
11(Source: P.A. 97-429, eff. 8-16-11.)
 
12    (105 ILCS 5/2-3.33)  (from Ch. 122, par. 2-3.33)
13    Sec. 2-3.33. Recomputation of claims. To recompute within
143 years from the final date for filing of a claim any claim for
15general State aid reimbursement to any school district and one
16year from the final date for filing of a claim for
17evidence-based funding if the claim has been found to be
18incorrect and to adjust subsequent claims accordingly, and to
19recompute and adjust any such claims within 6 years from the
20final date for filing when there has been an adverse court or
21administrative agency decision on the merits affecting the tax
22revenues of the school district. However, no such adjustment
23shall be made regarding equalized assessed valuation unless the
24district's equalized assessed valuation is changed by greater
25than $250,000 or 2%. Any adjustments for claims recomputed for

 

 

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1the 2016-2017 school year and prior school years shall be
2applied to the apportionment of evidence-based funding in
3Section 18-8.15 of this Code beginning in the 2017-2018 school
4year and thereafter. However, the recomputation of a claim for
5evidence-based funding for a school district shall not require
6the recomputation of claims for all districts, and the State
7Board of Education shall only make recomputations of
8evidence-based funding for those districts where an adjustment
9is required.
10    Except in the case of an adverse court or administrative
11agency decision, no recomputation of a State aid claim shall be
12made pursuant to this Section as a result of a reduction in the
13assessed valuation of a school district from the assessed
14valuation of the district reported to the State Board of
15Education by the Department of Revenue under Section 18-8.05 or
1618-8.15 of this Code unless the requirements of Section 16-15
17of the Property Tax Code and Section 2-3.84 of this Code are
18complied with in all respects.
19    This paragraph applies to all requests for recomputation of
20a general State aid or evidence-based funding claim received
21after June 30, 2003. In recomputing a general State aid or
22evidence-based funding claim that was originally calculated
23using an extension limitation equalized assessed valuation
24under paragraph (3) of subsection (G) of Section 18-8.05 of
25this Code or Section 18-8.15 of this Code, a qualifying
26reduction in equalized assessed valuation shall be deducted

 

 

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1from the extension limitation equalized assessed valuation
2that was used in calculating the original claim.
3    From the total amount of general State aid or
4evidence-based funding to be provided to districts,
5adjustments as a result of recomputation under this Section
6together with adjustments under Section 2-3.84 must not exceed
7$25 million, in the aggregate for all districts under both
8Sections combined, of the general State aid or evidence-based
9funding appropriation in any fiscal year; if necessary, amounts
10shall be prorated among districts. If it is necessary to
11prorate claims under this paragraph, then that portion of each
12prorated claim that is approved but not paid in the current
13fiscal year may be resubmitted as a valid claim in the
14following fiscal year.
15(Source: P.A. 93-845, eff. 7-30-04.)
 
16    (105 ILCS 5/2-3.51.5)
17    Sec. 2-3.51.5. School Safety and Educational Improvement
18Block Grant Program. To improve the level of education and
19safety of students from kindergarten through grade 12 in school
20districts and State-recognized, non-public schools. The State
21Board of Education is authorized to fund a School Safety and
22Educational Improvement Block Grant Program.
23    (1) For school districts, the program shall provide funding
24for school safety, textbooks and software, electronic
25textbooks and the technological equipment necessary to gain

 

 

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1access to and use electronic textbooks, teacher training and
2curriculum development, school improvements, school report
3cards under Section 10-17a, and criminal history records checks
4under Sections 10-21.9 and 34-18.5. For State-recognized,
5non-public schools, the program shall provide funding for
6secular textbooks and software, criminal history records
7checks, and health and safety mandates to the extent that the
8funds are expended for purely secular purposes. A school
9district or laboratory school as defined in Section 18-8, or
1018-8.05, or 18-8.15 is not required to file an application in
11order to receive the categorical funding to which it is
12entitled under this Section. Funds for the School Safety and
13Educational Improvement Block Grant Program shall be
14distributed to school districts and laboratory schools based on
15the prior year's best 3 months average daily attendance. Funds
16for the School Safety and Educational Improvement Block Grant
17Program shall be distributed to State-recognized, non-public
18schools based on the average daily attendance figure for the
19previous school year provided to the State Board of Education.
20The State Board of Education shall develop an application that
21requires State-recognized, non-public schools to submit
22average daily attendance figures. A State-recognized,
23non-public school must submit the application and average daily
24attendance figure prior to receiving funds under this Section.
25The State Board of Education shall promulgate rules and
26regulations necessary for the implementation of this program.

 

 

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1    (2) Distribution of moneys to school districts and
2State-recognized, non-public schools shall be made in 2
3semi-annual installments, one payment on or before October 30,
4and one payment prior to April 30, of each fiscal year.
5    (3) Grants under the School Safety and Educational
6Improvement Block Grant Program shall be awarded provided there
7is an appropriation for the program, and funding levels for
8each district shall be prorated according to the amount of the
9appropriation.
10    (4) The provisions of this Section are in the public
11interest, are for the public benefit, and serve secular public
12purposes.
13(Source: P.A. 98-972, eff. 8-15-14.)
 
14    (105 ILCS 5/2-3.66)  (from Ch. 122, par. 2-3.66)
15    Sec. 2-3.66. Truants' alternative and optional education
16programs. To establish projects to offer modified
17instructional programs or other services designed to prevent
18students from dropping out of school, including programs
19pursuant to Section 2-3.41, and to serve as a part time or full
20time option in lieu of regular school attendance and to award
21grants to local school districts, educational service regions
22or community college districts from appropriated funds to
23assist districts in establishing such projects. The education
24agency may operate its own program or enter into a contract
25with another not-for-profit entity to implement the program.

 

 

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1The projects shall allow dropouts, up to and including age 21,
2potential dropouts, including truants, uninvolved, unmotivated
3and disaffected students, as defined by State Board of
4Education rules and regulations, to enroll, as an alternative
5to regular school attendance, in an optional education program
6which may be established by school board policy and is in
7conformance with rules adopted by the State Board of Education.
8Truants' Alternative and Optional Education programs funded
9pursuant to this Section shall be planned by a student, the
10student's parents or legal guardians, unless the student is 18
11years or older, and school officials and shall culminate in an
12individualized optional education plan. Such plan shall focus
13on academic or vocational skills, or both, and may include, but
14not be limited to, evening school, summer school, community
15college courses, adult education, preparation courses for high
16school equivalency testing, vocational training, work
17experience, programs to enhance self concept and parenting
18courses. School districts which are awarded grants pursuant to
19this Section shall be authorized to provide day care services
20to children of students who are eligible and desire to enroll
21in programs established and funded under this Section, but only
22if and to the extent that such day care is necessary to enable
23those eligible students to attend and participate in the
24programs and courses which are conducted pursuant to this
25Section. School districts and regional offices of education may
26claim general State aid under Section 18-8.05 or evidence-based

 

 

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1funding under Section 18-8.15 for students enrolled in truants'
2alternative and optional education programs, provided that
3such students are receiving services that are supplemental to a
4program leading to a high school diploma and are otherwise
5eligible to be claimed for general State aid under Section
618-8.05 or evidence-based funding under Section 18-8.15, as
7applicable.
8(Source: P.A. 98-718, eff. 1-1-15.)
 
9    (105 ILCS 5/2-3.66b)
10    Sec. 2-3.66b. IHOPE Program.
11    (a) There is established the Illinois Hope and Opportunity
12Pathways through Education (IHOPE) Program. The State Board of
13Education shall implement and administer the IHOPE Program. The
14goal of the IHOPE Program is to develop a comprehensive system
15in this State to re-enroll significant numbers of high school
16dropouts in programs that will enable them to earn their high
17school diploma.
18    (b) The IHOPE Program shall award grants, subject to
19appropriation for this purpose, to educational service regions
20and a school district organized under Article 34 of this Code
21from appropriated funds to assist in establishing
22instructional programs and other services designed to
23re-enroll high school dropouts. From any funds appropriated for
24the IHOPE Program, the State Board of Education may use up to
255% for administrative costs, including the performance of a

 

 

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1program evaluation and the hiring of staff to implement and
2administer the program.
3    The IHOPE Program shall provide incentive grant funds for
4regional offices of education and a school district organized
5under Article 34 of this Code to develop partnerships with
6school districts, public community colleges, and community
7groups to build comprehensive plans to re-enroll high school
8dropouts in their regions or districts.
9    Programs funded through the IHOPE Program shall allow high
10school dropouts, up to and including age 21 notwithstanding
11Section 26-2 of this Code, to re-enroll in an educational
12program in conformance with rules adopted by the State Board of
13Education. Programs may include without limitation
14comprehensive year-round programming, evening school, summer
15school, community college courses, adult education, vocational
16training, work experience, programs to enhance self-concept,
17and parenting courses. Any student in the IHOPE Program who
18wishes to earn a high school diploma must meet the
19prerequisites to receiving a high school diploma specified in
20Section 27-22 of this Code and any other graduation
21requirements of the student's district of residence. Any
22student who successfully completes the requirements for his or
23her graduation shall receive a diploma identifying the student
24as graduating from his or her district of residence.
25    (c) In order to be eligible for funding under the IHOPE
26Program, an interested regional office of education or a school

 

 

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1district organized under Article 34 of this Code shall develop
2an IHOPE Plan to be approved by the State Board of Education.
3The State Board of Education shall develop rules for the IHOPE
4Program that shall set forth the requirements for the
5development of the IHOPE Plan. Each Plan shall involve school
6districts, public community colleges, and key community
7programs that work with high school dropouts located in an
8educational service region or the City of Chicago before the
9Plan is sent to the State Board for approval. No funds may be
10distributed to a regional office of education or a school
11district organized under Article 34 of this Code until the
12State Board has approved the Plan.
13    (d) A regional office of education or a school district
14organized under Article 34 of this Code may operate its own
15program funded by the IHOPE Program or enter into a contract
16with other not-for-profit entities, including school
17districts, public community colleges, and not-for-profit
18community-based organizations, to operate a program.
19    A regional office of education or a school district
20organized under Article 34 of this Code that receives an IHOPE
21grant from the State Board of Education may provide funds under
22a sub-grant, as specified in the IHOPE Plan, to other
23not-for-profit entities to provide services according to the
24IHOPE Plan that was developed. These other entities may include
25school districts, public community colleges, or not-for-profit
26community-based organizations or a cooperative partnership

 

 

10000SB0001ham002- 170 -LRB100 06371 MLM 27378 a

1among these entities.
2    (e) In order to distribute funding based upon the need to
3ensure delivery of programs that will have the greatest impact,
4IHOPE Program funding must be distributed based upon the
5proportion of dropouts in the educational service region or
6school district, in the case of a school district organized
7under Article 34 of this Code, to the total number of dropouts
8in this State. This formula shall employ the dropout data
9provided by school districts to the State Board of Education.
10    A regional office of education or a school district
11organized under Article 34 of this Code may claim State aid
12under Section 18-8.05 or 18-8.15 of this Code for students
13enrolled in a program funded by the IHOPE Program, provided
14that the State Board of Education has approved the IHOPE Plan
15and that these students are receiving services that are meeting
16the requirements of Section 27-22 of this Code for receipt of a
17high school diploma and are otherwise eligible to be claimed
18for general State aid under Section 18-8.05 of this Code or
19evidence-based funding under Section 18-8.15 of this Code,
20including provisions related to the minimum number of days of
21pupil attendance pursuant to Section 10-19 of this Code and the
22minimum number of daily hours of school work and any exceptions
23thereto as defined by the State Board of Education in rules.
24    (f) IHOPE categories of programming may include the
25following:
26        (1) Full-time programs that are comprehensive,

 

 

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1    year-round programs.
2        (2) Part-time programs combining work and study
3    scheduled at various times that are flexible to the needs
4    of students.
5        (3) Online programs and courses in which students take
6    courses and complete on-site, supervised tests that
7    measure the student's mastery of a specific course needed
8    for graduation. Students may take courses online and earn
9    credit or students may prepare to take supervised tests for
10    specific courses for credit leading to receipt of a high
11    school diploma.
12        (4) Dual enrollment in which students attend high
13    school classes in combination with community college
14    classes or students attend community college classes while
15    simultaneously earning high school credit and eventually a
16    high school diploma.
17    (g) In order to have successful comprehensive programs
18re-enrolling and graduating low-skilled high school dropouts,
19programs funded through the IHOPE Program shall include all of
20the following components:
21        (1) Small programs (70 to 100 students) at a separate
22    school site with a distinct identity. Programs may be
23    larger with specific need and justification, keeping in
24    mind that it is crucial to keep programs small to be
25    effective.
26        (2) Specific performance-based goals and outcomes and

 

 

10000SB0001ham002- 172 -LRB100 06371 MLM 27378 a

1    measures of enrollment, attendance, skills, credits,
2    graduation, and the transition to college, training, and
3    employment.
4        (3) Strong, experienced leadership and teaching staff
5    who are provided with ongoing professional development.
6        (4) Voluntary enrollment.
7        (5) High standards for student learning, integrating
8    work experience, and education, including during the
9    school year and after school, and summer school programs
10    that link internships, work, and learning.
11        (6) Comprehensive programs providing extensive support
12    services.
13        (7) Small teams of students supported by full-time paid
14    mentors who work to retain and help those students
15    graduate.
16        (8) A comprehensive technology learning center with
17    Internet access and broad-based curriculum focusing on
18    academic and career subject areas.
19        (9) Learning opportunities that incorporate action
20    into study.
21    (h) Programs funded through the IHOPE Program must report
22data to the State Board of Education as requested. This
23information shall include, but is not limited to, student
24enrollment figures, attendance information, course completion
25data, graduation information, and post-graduation information,
26as available.

 

 

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1    (i) Rules must be developed by the State Board of Education
2to set forth the fund distribution process to regional offices
3of education and a school district organized under Article 34
4of this Code, the planning and the conditions upon which an
5IHOPE Plan would be approved by State Board, and other rules to
6develop the IHOPE Program.
7(Source: P.A. 96-106, eff. 7-30-09.)
 
8    (105 ILCS 5/2-3.84)  (from Ch. 122, par. 2-3.84)
9    Sec. 2-3.84. In calculating the amount of State aid to be
10apportioned to the various school districts in this State, the
11State Board of Education shall incorporate and deduct the total
12aggregate adjustments to assessments made by the State Property
13Tax Appeal Board or Cook County Board of Appeals, as reported
14pursuant to Section 16-15 of the Property Tax Code or Section
15129.1 of the Revenue Act of 1939 by the Department of Revenue,
16from the equalized assessed valuation that is otherwise to be
17utilized in the initial calculation.
18    From the total amount of general State aid or
19evidence-based funding to be provided to districts,
20adjustments under this Section together with adjustments as a
21result of recomputation under Section 2-3.33 must not exceed
22$25 million, in the aggregate for all districts under both
23Sections combined, of the general State aid or evidence-based
24funding appropriation in any fiscal year; if necessary, amounts
25shall be prorated among districts. If it is necessary to

 

 

10000SB0001ham002- 174 -LRB100 06371 MLM 27378 a

1prorate claims under this paragraph, then that portion of each
2prorated claim that is approved but not paid in the current
3fiscal year may be resubmitted as a valid claim in the
4following fiscal year.
5(Source: P.A. 93-845, eff. 7-30-04.)
 
6    (105 ILCS 5/2-3.109a)
7    Sec. 2-3.109a. Laboratory schools grant eligibility. A
8laboratory school as defined in Section 18-8 or 18-8.15 may
9apply for and be eligible to receive, subject to the same
10restrictions applicable to school districts, any grant
11administered by the State Board of Education that is available
12for school districts.
13(Source: P.A. 90-566, eff. 1-2-98.)
 
14    (105 ILCS 5/2-3.170 new)
15    Sec. 2-3.170. Property tax relief pool grants.
16    (a) As used in this Section,
17    "Property tax multiplier" equals one minus the square of
18the school district's Local Capacity Percentage, as defined in
19Section 18-8.15 of this Code.
20    "State Board" means the State Board of Education.
21    "Unit equivalent tax rate" means the Adjusted Operating Tax
22Rate, as defined in Section 18-8.15 of this Code, multiplied by
23a factor of 1 for unit school district, 13/9 for elementary
24school districts, and 13/4 for high school districts.

 

 

10000SB0001ham002- 175 -LRB100 06371 MLM 27378 a

1    (b) Subject to appropriation, the State Board shall provide
2grants to eligible school districts that provide tax relief to
3the school district's residents, up to a limit of 1% of the
4school district's equalized assessed value, as provided in this
5Section.
6    (c) By August 1 of each year, the State Board shall publish
7an estimated unit equivalent tax rate above which school
8districts are eligible for relief under this Section. This
9estimated tax rate shall be based on the most recent available
10data provided by school districts pursuant to Section 18-8.15
11of this Code. The State Board shall estimate this property tax
12rate based on the amount appropriated to the grant program and
13the assumption that a set of school districts, based on
14criteria established by the State Board, will apply for grants
15under this Section. The criteria shall be based on reasonable
16assumptions about when school districts will apply for the
17grant.
18    (d) School districts seeking grants under this Section
19shall apply to the State Board by October 1 of each year. All
20applications to the State Board for grants shall include the
21amount of the grant requested.
22    (e) By December 1 of each year, based on the most recent
23available data provided by school districts pursuant to Section
2418-8.15 of this Code, the State Board shall calculate the unit
25equivalent tax rate, based on the applications received by the
26State Board, above which the appropriations are sufficient to

 

 

10000SB0001ham002- 176 -LRB100 06371 MLM 27378 a

1provide relief and publish a list of the school districts
2eligible for relief.
3    (f) The State Board shall publish a final list of grant
4recipients and provide payment of the grants by January 15 of
5each year.
6    (g) If payment from the State Board is received by the
7school district on time, the school district shall reduce its
8property tax levy in an amount equal to the grant received
9under this Section.
10    (h) The total grant to a school district under this Section
11shall be calculated based on the total amount of reduction in
12the school district's aggregate extension, up to a limit of 1%
13of a district's equalized assessed value for a unit school
14district, 0.69% for an elementary school district, and 0.31%
15for a high school district, multiplied by the property tax
16multiplier or the amount that the unit equivalent tax rate is
17greater than the rate determined by the State Board, whichever
18is less.
19    (i) If the State Board does not expend all appropriations
20allocated pursuant to this Section, then any remaining funds
21shall be allocated pursuant to Section 18-8.15 of this Code.
22    (j) The State Board shall prioritize payments under Section
2318-8.15 of this Code over payments under this Section, if
24necessary.
25    (k) Any grants received by a school district shall be
26included in future calculations of that school district's Base

 

 

10000SB0001ham002- 177 -LRB100 06371 MLM 27378 a

1Funding Minimum under Section 18-8.15 of this Code.
2    (l) In the tax year following receipt of a Property Tax
3Pool Relief Grant, the aggregate levy of any school district
4receiving a grant under this Section, for purposes of the
5Property Tax Extension Limitation Law, shall include the tax
6relief the school district provided in the previous taxable
7year under this Section.
 
8    (105 ILCS 5/3-14.21)  (from Ch. 122, par. 3-14.21)
9    Sec. 3-14.21. Inspection of schools.
10    (a) The regional superintendent shall inspect and survey
11all public schools under his or her supervision and notify the
12board of education, or the trustees of schools in a district
13with trustees, in writing before July 30, whether or not the
14several schools in their district have been kept as required by
15law, using forms provided by the State Board of Education which
16are based on the Health/Life Safety Code for Public Schools
17adopted under Section 2-3.12. The regional superintendent
18shall report his or her findings to the State Board of
19Education on forms provided by the State Board of Education.
20    (b) If the regional superintendent determines that a school
21board has failed in a timely manner to correct urgent items
22identified in a previous life-safety report completed under
23Section 2-3.12 or as otherwise previously ordered by the
24regional superintendent, the regional superintendent shall
25order the school board to adopt and submit to the regional

 

 

10000SB0001ham002- 178 -LRB100 06371 MLM 27378 a

1superintendent a plan for the immediate correction of the
2building violations. This plan shall be adopted following a
3public hearing that is conducted by the school board on the
4violations and the plan and that is preceded by at least 7
5days' prior notice of the hearing published in a newspaper of
6general circulation within the school district. If the regional
7superintendent determines in the next annual inspection that
8the plan has not been completed and that the violations have
9not been corrected, the regional superintendent shall submit a
10report to the State Board of Education with a recommendation
11that the State Board withhold from payments of general State
12aid or evidence-based funding due to the district an amount
13necessary to correct the outstanding violations. The State
14Board, upon notice to the school board and to the regional
15superintendent, shall consider the report at a meeting of the
16State Board, and may order that a sufficient amount of general
17State aid or evidence-based funding be withheld from payments
18due to the district to correct the violations. This amount
19shall be paid to the regional superintendent who shall contract
20on behalf of the school board for the correction of the
21outstanding violations.
22    (c) The Office of the State Fire Marshal or a qualified
23fire official, as defined in Section 2-3.12 of this Code, to
24whom the State Fire Marshal has delegated his or her authority
25shall conduct an annual fire safety inspection of each school
26building in this State. The State Fire Marshal or the fire

 

 

10000SB0001ham002- 179 -LRB100 06371 MLM 27378 a

1official shall coordinate its inspections with the regional
2superintendent. The inspection shall be based on the fire
3safety code authorized in Section 2-3.12 of this Code. Any
4violations shall be reported in writing to the regional
5superintendent and shall reference the specific code sections
6where a discrepancy has been identified within 15 days after
7the inspection has been conducted. The regional superintendent
8shall address those violations that are not corrected in a
9timely manner pursuant to subsection (b) of this Section. The
10inspection must be at no cost to the school district.
11    (d) If a municipality or, in the case of an unincorporated
12area, a county or, if applicable, a fire protection district
13wishes to perform new construction inspections under the
14jurisdiction of a regional superintendent, then the entity must
15register this wish with the regional superintendent. These
16inspections must be based on the building code authorized in
17Section 2-3.12 of this Code. The inspections must be at no cost
18to the school district.
19(Source: P.A. 96-734, eff. 8-25-09.)
 
20    (105 ILCS 5/7-14A)  (from Ch. 122, par. 7-14A)
21    Sec. 7-14A. Annexation compensation. There shall be no
22accounting made after a mere change in boundaries when no new
23district is created, except that those districts whose
24enrollment increases by 90% or more as a result of annexing
25territory detached from another district pursuant to this

 

 

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1Article are eligible for supplementary State aid payments in
2accordance with Section 11E-135 of this Code. Eligible annexing
3districts shall apply to the State Board of Education for
4supplementary State aid payments by submitting enrollment
5figures for the year immediately preceding and the year
6immediately following the effective date of the boundary change
7for both the district gaining territory and the district losing
8territory. Copies of any intergovernmental agreements between
9the district gaining territory and the district losing
10territory detailing any transfer of fund balances and staff
11must also be submitted. In all instances of changes in
12boundaries, the district losing territory shall not count the
13average daily attendance of pupils living in the territory
14during the year preceding the effective date of the boundary
15change in its claim for reimbursement under Section 18-8.05 or
1618-8.15 of this Code for the school year following the
17effective date of the change in boundaries and the district
18receiving the territory shall count the average daily
19attendance of pupils living in the territory during the year
20preceding the effective date of the boundary change in its
21claim for reimbursement under Section 18-8.05 or 18-8.15 of
22this Code for the school year following the effective date of
23the change in boundaries. The changes to this Section made by
24this amendatory Act of the 95th General Assembly are intended
25to be retroactive and applicable to any annexation taking
26effect on or after July 1, 2004.

 

 

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1(Source: P.A. 99-657, eff. 7-28-16.)
 
2    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
3    Sec. 10-17a. State, school district, and school report
4cards.
5    (1) By October 31, 2013 and October 31 of each subsequent
6school year, the State Board of Education, through the State
7Superintendent of Education, shall prepare a State report card,
8school district report cards, and school report cards, and
9shall by the most economic means provide to each school
10district in this State, including special charter districts and
11districts subject to the provisions of Article 34, the report
12cards for the school district and each of its schools.
13    (2) In addition to any information required by federal law,
14the State Superintendent shall determine the indicators and
15presentation of the school report card, which must include, at
16a minimum, the most current data possessed by the State Board
17of Education related to the following:
18        (A) school characteristics and student demographics,
19    including average class size, average teaching experience,
20    student racial/ethnic breakdown, and the percentage of
21    students classified as low-income; the percentage of
22    students classified as English learners; the percentage of
23    students who have individualized education plans or 504
24    plans that provide for special education services; the
25    percentage of students who annually transferred in or out

 

 

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1    of the school district; the per-pupil operating
2    expenditure of the school district; and the per-pupil State
3    average operating expenditure for the district type
4    (elementary, high school, or unit);
5        (B) curriculum information, including, where
6    applicable, Advanced Placement, International
7    Baccalaureate or equivalent courses, dual enrollment
8    courses, foreign language classes, school personnel
9    resources (including Career Technical Education teachers),
10    before and after school programs, extracurricular
11    activities, subjects in which elective classes are
12    offered, health and wellness initiatives (including the
13    average number of days of Physical Education per week per
14    student), approved programs of study, awards received,
15    community partnerships, and special programs such as
16    programming for the gifted and talented, students with
17    disabilities, and work-study students;
18        (C) student outcomes, including, where applicable, the
19    percentage of students deemed proficient on assessments of
20    State standards, the percentage of students in the eighth
21    grade who pass Algebra, the percentage of students enrolled
22    in post-secondary institutions (including colleges,
23    universities, community colleges, trade/vocational
24    schools, and training programs leading to career
25    certification within 2 semesters of high school
26    graduation), the percentage of students graduating from

 

 

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1    high school who are college and career ready, and the
2    percentage of graduates enrolled in community colleges,
3    colleges, and universities who are in one or more courses
4    that the community college, college, or university
5    identifies as a developmental course;
6        (D) student progress, including, where applicable, the
7    percentage of students in the ninth grade who have earned 5
8    credits or more without failing more than one core class, a
9    measure of students entering kindergarten ready to learn, a
10    measure of growth, and the percentage of students who enter
11    high school on track for college and career readiness;
12        (E) the school environment, including, where
13    applicable, the percentage of students with less than 10
14    absences in a school year, the percentage of teachers with
15    less than 10 absences in a school year for reasons other
16    than professional development, leaves taken pursuant to
17    the federal Family Medical Leave Act of 1993, long-term
18    disability, or parental leaves, the 3-year average of the
19    percentage of teachers returning to the school from the
20    previous year, the number of different principals at the
21    school in the last 6 years, 2 or more indicators from any
22    school climate survey selected or approved by the State and
23    administered pursuant to Section 2-3.153 of this Code, with
24    the same or similar indicators included on school report
25    cards for all surveys selected or approved by the State
26    pursuant to Section 2-3.153 of this Code, and the combined

 

 

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1    percentage of teachers rated as proficient or excellent in
2    their most recent evaluation; and
3        (F) a school district's and its individual schools'
4    balanced accountability measure, in accordance with
5    Section 2-3.25a of this Code; .
6        (G) a school district's Final Percent of Adequacy, as
7    defined in paragraph (4) of subsection (f) of Section
8    18-8.15 of this Code;
9        (H) a school district's Local Capacity Target, as
10    defined in paragraph (2) of subsection (c) of Section
11    18-8.15 of this Code, displayed as a percentage amount; and
12        (I) a school district's Real Receipts, as defined in
13    paragraph (1) of subsection (d) of Section 18-8.15 of this
14    Code, divided by a school district's Adequacy Target, as
15    defined in paragraph (1) of subsection (b) of Section
16    18-8.15 of this Code, displayed as a percentage amount.
17    The school report card shall also provide information that
18allows for comparing the current outcome, progress, and
19environment data to the State average, to the school data from
20the past 5 years, and to the outcomes, progress, and
21environment of similar schools based on the type of school and
22enrollment of low-income students, special education students,
23and English learners.
24    (3) At the discretion of the State Superintendent, the
25school district report card shall include a subset of the
26information identified in paragraphs (A) through (E) of

 

 

10000SB0001ham002- 185 -LRB100 06371 MLM 27378 a

1subsection (2) of this Section, as well as information relating
2to the operating expense per pupil and other finances of the
3school district, and the State report card shall include a
4subset of the information identified in paragraphs (A) through
5(E) of subsection (2) of this Section.
6    (4) Notwithstanding anything to the contrary in this
7Section, in consultation with key education stakeholders, the
8State Superintendent shall at any time have the discretion to
9amend or update any and all metrics on the school, district, or
10State report card.
11    (5) Annually, no more than 30 calendar days after receipt
12of the school district and school report cards from the State
13Superintendent of Education, each school district, including
14special charter districts and districts subject to the
15provisions of Article 34, shall present such report cards at a
16regular school board meeting subject to applicable notice
17requirements, post the report cards on the school district's
18Internet web site, if the district maintains an Internet web
19site, make the report cards available to a newspaper of general
20circulation serving the district, and, upon request, send the
21report cards home to a parent (unless the district does not
22maintain an Internet web site, in which case the report card
23shall be sent home to parents without request). If the district
24posts the report card on its Internet web site, the district
25shall send a written notice home to parents stating (i) that
26the report card is available on the web site, (ii) the address

 

 

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1of the web site, (iii) that a printed copy of the report card
2will be sent to parents upon request, and (iv) the telephone
3number that parents may call to request a printed copy of the
4report card.
5    (6) Nothing contained in this amendatory Act of the 98th
6General Assembly repeals, supersedes, invalidates, or
7nullifies final decisions in lawsuits pending on the effective
8date of this amendatory Act of the 98th General Assembly in
9Illinois courts involving the interpretation of Public Act
1097-8.
11(Source: P.A. 98-463, eff. 8-16-13; 98-648, eff. 7-1-14; 99-30,
12eff. 7-10-15; 99-193, eff. 7-30-15; 99-642, eff. 7-28-16.)
 
13    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
14    Sec. 10-19. Length of school term - experimental programs.
15Each school board shall annually prepare a calendar for the
16school term, specifying the opening and closing dates and
17providing a minimum term of at least 185 days to insure 176
18days of actual pupil attendance, computable under Section
1918-8.05 or 18-8.15, except that for the 1980-1981 school year
20only 175 days of actual pupil attendance shall be required
21because of the closing of schools pursuant to Section 24-2 on
22January 29, 1981 upon the appointment by the President of that
23day as a day of thanksgiving for the freedom of the Americans
24who had been held hostage in Iran. Any days allowed by law for
25teachers' institutes but not used as such or used as parental

 

 

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1institutes as provided in Section 10-22.18d shall increase the
2minimum term by the school days not so used. Except as provided
3in Section 10-19.1, the board may not extend the school term
4beyond such closing date unless that extension of term is
5necessary to provide the minimum number of computable days. In
6case of such necessary extension school employees shall be paid
7for such additional time on the basis of their regular
8contracts. A school board may specify a closing date earlier
9than that set on the annual calendar when the schools of the
10district have provided the minimum number of computable days
11under this Section. Nothing in this Section prevents the board
12from employing superintendents of schools, principals and
13other nonteaching personnel for a period of 12 months, or in
14the case of superintendents for a period in accordance with
15Section 10-23.8, or prevents the board from employing other
16personnel before or after the regular school term with payment
17of salary proportionate to that received for comparable work
18during the school term.
19    A school board may make such changes in its calendar for
20the school term as may be required by any changes in the legal
21school holidays prescribed in Section 24-2. A school board may
22make changes in its calendar for the school term as may be
23necessary to reflect the utilization of teachers' institute
24days as parental institute days as provided in Section
2510-22.18d.
26    The calendar for the school term and any changes must be

 

 

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1submitted to and approved by the regional superintendent of
2schools before the calendar or changes may take effect.
3    With the prior approval of the State Board of Education and
4subject to review by the State Board of Education every 3
5years, any school board may, by resolution of its board and in
6agreement with affected exclusive collective bargaining
7agents, establish experimental educational programs, including
8but not limited to programs for e-learning days as authorized
9under Section 10-20.56 of this Code, self-directed learning, or
10outside of formal class periods, which programs when so
11approved shall be considered to comply with the requirements of
12this Section as respects numbers of days of actual pupil
13attendance and with the other requirements of this Act as
14respects courses of instruction.
15(Source: P.A. 98-756, eff. 7-16-14; 99-194, eff. 7-30-15.)
 
16    (105 ILCS 5/10-22.5a)  (from Ch. 122, par. 10-22.5a)
17    Sec. 10-22.5a. Attendance by dependents of United States
18military personnel, foreign exchange students, and certain
19nonresident pupils.
20    (a) To enter into written agreements with cultural exchange
21organizations, or with nationally recognized eleemosynary
22institutions that promote excellence in the arts, mathematics,
23or science. The written agreements may provide for tuition free
24attendance at the local district school by foreign exchange
25students, or by nonresident pupils of eleemosynary

 

 

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1institutions. The local board of education, as part of the
2agreement, may require that the cultural exchange program or
3the eleemosynary institutions provide services to the district
4in exchange for the waiver of nonresident tuition.
5    To enter into written agreements with adjacent school
6districts to provide for tuition free attendance by a student
7of the adjacent district when requested for the student's
8health and safety by the student or parent and both districts
9determine that the student's health or safety will be served by
10such attendance. Districts shall not be required to enter into
11such agreements nor be required to alter existing
12transportation services due to the attendance of such
13non-resident pupils.
14    (a-5) If, at the time of enrollment, a dependent of United
15States military personnel is housed in temporary housing
16located outside of a school district, but will be living within
17the district within 60 days after the time of initial
18enrollment, the dependent must be allowed to enroll, subject to
19the requirements of this subsection (a-5), and must not be
20charged tuition. Any United States military personnel
21attempting to enroll a dependent under this subsection (a-5)
22shall provide proof that the dependent will be living within
23the district within 60 days after the time of initial
24enrollment. Proof of residency may include, but is not limited
25to, postmarked mail addressed to the military personnel and
26sent to an address located within the district, a lease

 

 

10000SB0001ham002- 190 -LRB100 06371 MLM 27378 a

1agreement for occupancy of a residence located within the
2district, or proof of ownership of a residence located within
3the district.
4    (b) Nonresident pupils and foreign exchange students
5attending school on a tuition free basis under such agreements
6and nonresident dependents of United States military personnel
7attending school on a tuition free basis may be counted for the
8purposes of determining the apportionment of State aid provided
9under Section 18-8.05 or 18-8.15 of this Code. No organization
10or institution participating in agreements authorized under
11this Section may exclude any individual for participation in
12its program on account of the person's race, color, sex,
13religion or nationality.
14(Source: P.A. 98-739, eff. 7-16-14.)
 
15    (105 ILCS 5/10-22.20)  (from Ch. 122, par. 10-22.20)
16    Sec. 10-22.20. Classes for adults and youths whose
17schooling has been interrupted; conditions for State
18reimbursement; use of child care facilities.
19    (a) To establish special classes for the instruction (1) of
20persons of age 21 years or over and (2) of persons less than
21age 21 and not otherwise in attendance in public school, for
22the purpose of providing adults in the community and youths
23whose schooling has been interrupted with such additional basic
24education, vocational skill training, and other instruction as
25may be necessary to increase their qualifications for

 

 

10000SB0001ham002- 191 -LRB100 06371 MLM 27378 a

1employment or other means of self-support and their ability to
2meet their responsibilities as citizens, including courses of
3instruction regularly accepted for graduation from elementary
4or high schools and for Americanization and high school
5equivalency testing review classes.
6    The board shall pay the necessary expenses of such classes
7out of school funds of the district, including costs of student
8transportation and such facilities or provision for child-care
9as may be necessary in the judgment of the board to permit
10maximum utilization of the courses by students with children,
11and other special needs of the students directly related to
12such instruction. The expenses thus incurred shall be subject
13to State reimbursement, as provided in this Section. The board
14may make a tuition charge for persons taking instruction who
15are not subject to State reimbursement, such tuition charge not
16to exceed the per capita cost of such classes.
17    The cost of such instruction, including the additional
18expenses herein authorized, incurred for recipients of
19financial aid under the Illinois Public Aid Code, or for
20persons for whom education and training aid has been authorized
21under Section 9-8 of that Code, shall be assumed in its
22entirety from funds appropriated by the State to the Illinois
23Community College Board.
24    (b) The Illinois Community College Board shall establish
25the standards for the courses of instruction reimbursed under
26this Section. The Illinois Community College Board shall

 

 

10000SB0001ham002- 192 -LRB100 06371 MLM 27378 a

1supervise the administration of the programs. The Illinois
2Community College Board shall determine the cost of instruction
3in accordance with standards established by the Illinois
4Community College Board, including therein other incidental
5costs as herein authorized, which shall serve as the basis of
6State reimbursement in accordance with the provisions of this
7Section. In the approval of programs and the determination of
8the cost of instruction, the Illinois Community College Board
9shall provide for the maximum utilization of federal funds for
10such programs. The Illinois Community College Board shall also
11provide for:
12        (1) the development of an index of need for program
13    planning and for area funding allocations, as defined by
14    the Illinois Community College Board;
15        (2) the method for calculating hours of instruction, as
16    defined by the Illinois Community College Board, claimable
17    for reimbursement and a method to phase in the calculation
18    and for adjusting the calculations in cases where the
19    services of a program are interrupted due to circumstances
20    beyond the control of the program provider;
21        (3) a plan for the reallocation of funds to increase
22    the amount allocated for grants based upon program
23    performance as set forth in subsection (d) below; and
24        (4) the development of standards for determining
25    grants based upon performance as set forth in subsection
26    (d) below and a plan for the phased-in implementation of

 

 

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1    those standards.
2    For instruction provided by school districts and community
3college districts beginning July 1, 1996 and thereafter,
4reimbursement provided by the Illinois Community College Board
5for classes authorized by this Section shall be provided from
6funds appropriated for the reimbursement criteria set forth in
7subsection (c) below.
8    (c) Upon the annual approval of the Illinois Community
9College Board, reimbursement shall be first provided for
10transportation, child care services, and other special needs of
11the students directly related to instruction and then from the
12funds remaining an amount equal to the product of the total
13credit hours or units of instruction approved by the Illinois
14Community College Board, multiplied by the following:
15        (1) For adult basic education, the maximum
16    reimbursement per credit hour or per unit of instruction
17    shall be equal to (i) through fiscal year 2017, the general
18    state aid per pupil foundation level established in
19    subsection (B) of Section 18-8.05, divided by 60, or (ii)
20    in fiscal year 2018 and thereafter, the prior fiscal year
21    reimbursement level multiplied by the Consumer Price Index
22    for All Urban Consumers for all items published by the
23    United States Department of Labor;
24        (2) The maximum reimbursement per credit hour or per
25    unit of instruction in subparagraph (1) above shall be
26    weighted for students enrolled in classes defined as

 

 

10000SB0001ham002- 194 -LRB100 06371 MLM 27378 a

1    vocational skills and approved by the Illinois Community
2    College Board by 1.25;
3        (3) The maximum reimbursement per credit hour or per
4    unit of instruction in subparagraph (1) above shall be
5    multiplied by .90 for students enrolled in classes defined
6    as adult secondary education programs and approved by the
7    Illinois Community College Board;
8        (4) (Blank); and
9        (5) Funding for program years after 1999-2000 shall be
10    determined by the Illinois Community College Board.
11    (d) Upon its annual approval, the Illinois Community
12College Board shall provide grants to eligible programs for
13supplemental activities to improve or expand services under the
14Adult Education Act. Eligible programs shall be determined
15based upon performance outcomes of students in the programs as
16set by the Illinois Community College Board.
17    (e) Reimbursement under this Section shall not exceed the
18actual costs of the approved program.
19    If the amount appropriated to the Illinois Community
20College Board for reimbursement under this Section is less than
21the amount required under this Act, the apportionment shall be
22proportionately reduced.
23    School districts and community college districts may
24assess students up to $3.00 per credit hour, for classes other
25than Adult Basic Education level programs, if needed to meet
26program costs.

 

 

10000SB0001ham002- 195 -LRB100 06371 MLM 27378 a

1    (f) An education plan shall be established for each adult
2or youth whose schooling has been interrupted and who is
3participating in the instructional programs provided under
4this Section.
5    Each school board and community college shall keep an
6accurate and detailed account of the students assigned to and
7receiving instruction under this Section who are subject to
8State reimbursement and shall submit reports of services
9provided commencing with fiscal year 1997 as required by the
10Illinois Community College Board.
11    For classes authorized under this Section, a credit hour or
12unit of instruction is equal to 15 hours of direct instruction
13for students enrolled in approved adult education programs at
14midterm and making satisfactory progress, in accordance with
15standards established by the Illinois Community College Board.
16    (g) Upon proof submitted to the Illinois Department of
17Human Services of the payment of all claims submitted under
18this Section, that Department shall apply for federal funds
19made available therefor and any federal funds so received shall
20be paid into the General Revenue Fund in the State Treasury.
21    School districts or community colleges providing classes
22under this Section shall submit applications to the Illinois
23Community College Board for preapproval in accordance with the
24standards established by the Illinois Community College Board.
25Payments shall be made by the Illinois Community College Board
26based upon approved programs. Interim expenditure reports may

 

 

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1be required by the Illinois Community College Board. Final
2claims for the school year shall be submitted to the regional
3superintendents for transmittal to the Illinois Community
4College Board. Final adjusted payments shall be made by
5September 30.
6    If a school district or community college district fails to
7provide, or is providing unsatisfactory or insufficient
8classes under this Section, the Illinois Community College
9Board may enter into agreements with public or private
10educational or other agencies other than the public schools for
11the establishment of such classes.
12    (h) If a school district or community college district
13establishes child-care facilities for the children of
14participants in classes established under this Section, it may
15extend the use of these facilities to students who have
16obtained employment and to other persons in the community whose
17children require care and supervision while the parent or other
18person in charge of the children is employed or otherwise
19absent from the home during all or part of the day. It may make
20the facilities available before and after as well as during
21regular school hours to school age and preschool age children
22who may benefit thereby, including children who require care
23and supervision pending the return of their parent or other
24person in charge of their care from employment or other
25activity requiring absence from the home.
26    The Illinois Community College Board shall pay to the board

 

 

10000SB0001ham002- 197 -LRB100 06371 MLM 27378 a

1the cost of care in the facilities for any child who is a
2recipient of financial aid under the Illinois Public Aid Code.
3    The board may charge for care of children for whom it
4cannot make claim under the provisions of this Section. The
5charge shall not exceed per capita cost, and to the extent
6feasible, shall be fixed at a level which will permit
7utilization by employed parents of low or moderate income. It
8may also permit any other State or local governmental agency or
9private agency providing care for children to purchase care.
10    After July 1, 1970 when the provisions of Section 10-20.20
11become operative in the district, children in a child-care
12facility shall be transferred to the kindergarten established
13under that Section for such portion of the day as may be
14required for the kindergarten program, and only the prorated
15costs of care and training provided in the Center for the
16remaining period shall be charged to the Illinois Department of
17Human Services or other persons or agencies paying for such
18care.
19    (i) The provisions of this Section shall also apply to
20school districts having a population exceeding 500,000.
21    (j) In addition to claiming reimbursement under this
22Section, a school district may claim general State aid under
23Section 18-8.05 or evidence-based funding under Section
2418-8.15 for any student under age 21 who is enrolled in courses
25accepted for graduation from elementary or high school and who
26otherwise meets the requirements of Section 18-8.05 or 18-8.15,

 

 

10000SB0001ham002- 198 -LRB100 06371 MLM 27378 a

1as applicable.
2(Source: P.A. 98-718, eff. 1-1-15.)
 
3    (105 ILCS 5/10-29)
4    Sec. 10-29. Remote educational programs.
5    (a) For purposes of this Section, "remote educational
6program" means an educational program delivered to students in
7the home or other location outside of a school building that
8meets all of the following criteria:
9        (1) A student may participate in the program only after
10    the school district, pursuant to adopted school board
11    policy, and a person authorized to enroll the student under
12    Section 10-20.12b of this Code determine that a remote
13    educational program will best serve the student's
14    individual learning needs. The adopted school board policy
15    shall include, but not be limited to, all of the following:
16            (A) Criteria for determining that a remote
17        educational program will best serve a student's
18        individual learning needs. The criteria must include
19        consideration of, at a minimum, a student's prior
20        attendance, disciplinary record, and academic history.
21            (B) Any limitations on the number of students or
22        grade levels that may participate in a remote
23        educational program.
24            (C) A description of the process that the school
25        district will use to approve participation in the

 

 

10000SB0001ham002- 199 -LRB100 06371 MLM 27378 a

1        remote educational program. The process must include
2        without limitation a requirement that, for any student
3        who qualifies to receive services pursuant to the
4        federal Individuals with Disabilities Education
5        Improvement Act of 2004, the student's participation
6        in a remote educational program receive prior approval
7        from the student's individualized education program
8        team.
9            (D) A description of the process the school
10        district will use to develop and approve a written
11        remote educational plan that meets the requirements of
12        subdivision (5) of this subsection (a).
13            (E) A description of the system the school district
14        will establish to calculate the number of clock hours a
15        student is participating in instruction in accordance
16        with the remote educational program.
17            (F) A description of the process for renewing a
18        remote educational program at the expiration of its
19        term.
20            (G) Such other terms and provisions as the school
21        district deems necessary to provide for the
22        establishment and delivery of a remote educational
23        program.
24        (2) The school district has determined that the remote
25    educational program's curriculum is aligned to State
26    learning standards and that the program offers instruction

 

 

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1    and educational experiences consistent with those given to
2    students at the same grade level in the district.
3        (3) The remote educational program is delivered by
4    instructors that meet the following qualifications:
5            (A) they are certificated under Article 21 of this
6        Code;
7            (B) they meet applicable highly qualified criteria
8        under the federal No Child Left Behind Act of 2001; and
9            (C) they have responsibility for all of the
10        following elements of the program: planning
11        instruction, diagnosing learning needs, prescribing
12        content delivery through class activities, assessing
13        learning, reporting outcomes to administrators and
14        parents and guardians, and evaluating the effects of
15        instruction.
16        (4) During the period of time from and including the
17    opening date to the closing date of the regular school term
18    of the school district established pursuant to Section
19    10-19 of this Code, participation in a remote educational
20    program may be claimed for general State aid purposes under
21    Section 18-8.05 of this Code or evidence-based funding
22    purposes under Section 18-8.15 of this Code on any calendar
23    day, notwithstanding whether the day is a day of pupil
24    attendance or institute day on the school district's
25    calendar or any other provision of law restricting
26    instruction on that day. If the district holds year-round

 

 

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1    classes in some buildings, the district shall classify each
2    student's participation in a remote educational program as
3    either on a year-round or a non-year-round schedule for
4    purposes of claiming general State aid or evidence-based
5    funding. Outside of the regular school term of the
6    district, the remote educational program may be offered as
7    part of any summer school program authorized by this Code.
8        (5) Each student participating in a remote educational
9    program must have a written remote educational plan that
10    has been approved by the school district and a person
11    authorized to enroll the student under Section 10-20.12b of
12    this Code. The school district and a person authorized to
13    enroll the student under Section 10-20.12b of this Code
14    must approve any amendment to a remote educational plan.
15    The remote educational plan must include, but is not
16    limited to, all of the following:
17            (A) Specific achievement goals for the student
18        aligned to State learning standards.
19            (B) A description of all assessments that will be
20        used to measure student progress, which description
21        shall indicate the assessments that will be
22        administered at an attendance center within the school
23        district.
24            (C) A description of the progress reports that will
25        be provided to the school district and the person or
26        persons authorized to enroll the student under Section

 

 

10000SB0001ham002- 202 -LRB100 06371 MLM 27378 a

1        10-20.12b of this Code.
2            (D) Expectations, processes, and schedules for
3        interaction between a teacher and student.
4            (E) A description of the specific responsibilities
5        of the student's family and the school district with
6        respect to equipment, materials, phone and Internet
7        service, and any other requirements applicable to the
8        home or other location outside of a school building
9        necessary for the delivery of the remote educational
10        program.
11            (F) If applicable, a description of how the remote
12        educational program will be delivered in a manner
13        consistent with the student's individualized education
14        program required by Section 614(d) of the federal
15        Individuals with Disabilities Education Improvement
16        Act of 2004 or plan to ensure compliance with Section
17        504 of the federal Rehabilitation Act of 1973.
18            (G) A description of the procedures and
19        opportunities for participation in academic and
20        extra-curricular activities and programs within the
21        school district.
22            (H) The identification of a parent, guardian, or
23        other responsible adult who will provide direct
24        supervision of the program. The plan must include an
25        acknowledgment by the parent, guardian, or other
26        responsible adult that he or she may engage only in

 

 

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1        non-teaching duties not requiring instructional
2        judgment or the evaluation of a student. The plan shall
3        designate the parent, guardian, or other responsible
4        adult as non-teaching personnel or volunteer personnel
5        under subsection (a) of Section 10-22.34 of this Code.
6            (I) The identification of a school district
7        administrator who will oversee the remote educational
8        program on behalf of the school district and who may be
9        contacted by the student's parents with respect to any
10        issues or concerns with the program.
11            (J) The term of the student's participation in the
12        remote educational program, which may not extend for
13        longer than 12 months, unless the term is renewed by
14        the district in accordance with subdivision (7) of this
15        subsection (a).
16            (K) A description of the specific location or
17        locations in which the program will be delivered. If
18        the remote educational program is to be delivered to a
19        student in any location other than the student's home,
20        the plan must include a written determination by the
21        school district that the location will provide a
22        learning environment appropriate for the delivery of
23        the program. The location or locations in which the
24        program will be delivered shall be deemed a long
25        distance teaching reception area under subsection (a)
26        of Section 10-22.34 of this Code.

 

 

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1            (L) Certification by the school district that the
2        plan meets all other requirements of this Section.
3        (6) Students participating in a remote educational
4    program must be enrolled in a school district attendance
5    center pursuant to the school district's enrollment policy
6    or policies. A student participating in a remote
7    educational program must be tested as part of all
8    assessments administered by the school district pursuant
9    to Section 2-3.64a-5 of this Code at the attendance center
10    in which the student is enrolled and in accordance with the
11    attendance center's assessment policies and schedule. The
12    student must be included within all accountability
13    determinations for the school district and attendance
14    center under State and federal law.
15        (7) The term of a student's participation in a remote
16    educational program may not extend for longer than 12
17    months, unless the term is renewed by the school district.
18    The district may only renew a student's participation in a
19    remote educational program following an evaluation of the
20    student's progress in the program, a determination that the
21    student's continuation in the program will best serve the
22    student's individual learning needs, and an amendment to
23    the student's written remote educational plan addressing
24    any changes for the upcoming term of the program.
25    For purposes of this Section, a remote educational program
26does not include instruction delivered to students through an

 

 

10000SB0001ham002- 205 -LRB100 06371 MLM 27378 a

1e-learning program approved under Section 10-20.56 of this
2Code.
3    (b) A school district may, by resolution of its school
4board, establish a remote educational program.
5    (c) Clock hours of instruction by students in a remote
6educational program meeting the requirements of this Section
7may be claimed by the school district and shall be counted as
8school work for general State aid purposes in accordance with
9and subject to the limitations of Section 18-8.05 of this Code
10or evidence-based funding purposes in accordance with and
11subject to the limitations of Section 18-8.15 of this Code.
12    (d) The impact of remote educational programs on wages,
13hours, and terms and conditions of employment of educational
14employees within the school district shall be subject to local
15collective bargaining agreements.
16    (e) The use of a home or other location outside of a school
17building for a remote educational program shall not cause the
18home or other location to be deemed a public school facility.
19    (f) A remote educational program may be used, but is not
20required, for instruction delivered to a student in the home or
21other location outside of a school building that is not claimed
22for general State aid purposes under Section 18-8.05 of this
23Code or evidence-based funding purposes under Section 18-8.15
24of this Code.
25    (g) School districts that, pursuant to this Section, adopt
26a policy for a remote educational program must submit to the

 

 

10000SB0001ham002- 206 -LRB100 06371 MLM 27378 a

1State Board of Education a copy of the policy and any
2amendments thereto, as well as data on student participation in
3a format specified by the State Board of Education. The State
4Board of Education may perform or contract with an outside
5entity to perform an evaluation of remote educational programs
6in this State.
7    (h) The State Board of Education may adopt any rules
8necessary to ensure compliance by remote educational programs
9with the requirements of this Section and other applicable
10legal requirements.
11(Source: P.A. 98-972, eff. 8-15-14; 99-193, eff. 7-30-15;
1299-194, eff. 7-30-15; 99-642, eff. 7-28-16.)
 
13    (105 ILCS 5/11E-135)
14    Sec. 11E-135. Incentives. For districts reorganizing under
15this Article and for a district or districts that annex all of
16the territory of one or more entire other school districts in
17accordance with Article 7 of this Code, the following payments
18shall be made from appropriations made for these purposes:
19    (a)(1) For a combined school district, as defined in
20Section 11E-20 of this Code, or for a unit district, as defined
21in Section 11E-25 of this Code, for its first year of
22existence, the general State aid and supplemental general State
23aid calculated under Section 18-8.05 of this Code or the
24evidence-based funding calculated under Section 18-8.15 of
25this Code, as applicable, shall be computed for the new

 

 

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1district and for the previously existing districts for which
2property is totally included within the new district. If the
3computation on the basis of the previously existing districts
4is greater, a supplementary payment equal to the difference
5shall be made for the first 4 years of existence of the new
6district.
7    (2) For a school district that annexes all of the territory
8of one or more entire other school districts as defined in
9Article 7 of this Code, for the first year during which the
10change of boundaries attributable to the annexation becomes
11effective for all purposes, as determined under Section 7-9 of
12this Code, the general State aid and supplemental general State
13aid calculated under Section 18-8.05 of this Code or the
14evidence-based funding calculated under Section 18-8.15 of
15this Code, as applicable, shall be computed for the annexing
16district as constituted after the annexation and for the
17annexing and each annexed district as constituted prior to the
18annexation; and if the computation on the basis of the annexing
19and annexed districts as constituted prior to the annexation is
20greater, then a supplementary payment equal to the difference
21shall be made for the first 4 years of existence of the
22annexing school district as constituted upon the annexation.
23    (3) For 2 or more school districts that annex all of the
24territory of one or more entire other school districts, as
25defined in Article 7 of this Code, for the first year during
26which the change of boundaries attributable to the annexation

 

 

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1becomes effective for all purposes, as determined under Section
27-9 of this Code, the general State aid and supplemental
3general State aid calculated under Section 18-8.05 of this Code
4or the evidence-based funding calculated under Section 18-8.15
5of this Code, as applicable, shall be computed for each
6annexing district as constituted after the annexation and for
7each annexing and annexed district as constituted prior to the
8annexation; and if the aggregate of the general State aid and
9supplemental general State aid or evidence-based funding, as
10applicable, as so computed for the annexing districts as
11constituted after the annexation is less than the aggregate of
12the general State aid and supplemental general State aid or
13evidence-based funding, as applicable, as so computed for the
14annexing and annexed districts, as constituted prior to the
15annexation, then a supplementary payment equal to the
16difference shall be made and allocated between or among the
17annexing districts, as constituted upon the annexation, for the
18first 4 years of their existence. The total difference payment
19shall be allocated between or among the annexing districts in
20the same ratio as the pupil enrollment from that portion of the
21annexed district or districts that is annexed to each annexing
22district bears to the total pupil enrollment from the entire
23annexed district or districts, as such pupil enrollment is
24determined for the school year last ending prior to the date
25when the change of boundaries attributable to the annexation
26becomes effective for all purposes. The amount of the total

 

 

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1difference payment and the amount thereof to be allocated to
2the annexing districts shall be computed by the State Board of
3Education on the basis of pupil enrollment and other data that
4shall be certified to the State Board of Education, on forms
5that it shall provide for that purpose, by the regional
6superintendent of schools for each educational service region
7in which the annexing and annexed districts are located.
8    (4) For a school district conversion, as defined in Section
911E-15 of this Code, or a multi-unit conversion, as defined in
10subsection (b) of Section 11E-30 of this Code, if in their
11first year of existence the newly created elementary districts
12and the newly created high school district, from a school
13district conversion, or the newly created elementary district
14or districts and newly created combined high school - unit
15district, from a multi-unit conversion, qualify for less
16general State aid under Section 18-8.05 of this Code or
17evidence-based funding under Section 18-8.15 of this Code than
18would have been payable under Section 18-8.05 or 18-8.15, as
19applicable, for that same year to the previously existing
20districts, then a supplementary payment equal to that
21difference shall be made for the first 4 years of existence of
22the newly created districts. The aggregate amount of each
23supplementary payment shall be allocated among the newly
24created districts in the proportion that the deemed pupil
25enrollment in each district during its first year of existence
26bears to the actual aggregate pupil enrollment in all of the

 

 

10000SB0001ham002- 210 -LRB100 06371 MLM 27378 a

1districts during their first year of existence. For purposes of
2each allocation:
3        (A) the deemed pupil enrollment of the newly created
4    high school district from a school district conversion
5    shall be an amount equal to its actual pupil enrollment for
6    its first year of existence multiplied by 1.25;
7        (B) the deemed pupil enrollment of each newly created
8    elementary district from a school district conversion
9    shall be an amount equal to its actual pupil enrollment for
10    its first year of existence reduced by an amount equal to
11    the product obtained when the amount by which the newly
12    created high school district's deemed pupil enrollment
13    exceeds its actual pupil enrollment for its first year of
14    existence is multiplied by a fraction, the numerator of
15    which is the actual pupil enrollment of the newly created
16    elementary district for its first year of existence and the
17    denominator of which is the actual aggregate pupil
18    enrollment of all of the newly created elementary districts
19    for their first year of existence;
20        (C) the deemed high school pupil enrollment of the
21    newly created combined high school - unit district from a
22    multi-unit conversion shall be an amount equal to its
23    actual grades 9 through 12 pupil enrollment for its first
24    year of existence multiplied by 1.25; and
25        (D) the deemed elementary pupil enrollment of each
26    newly created district from a multi-unit conversion shall

 

 

10000SB0001ham002- 211 -LRB100 06371 MLM 27378 a

1    be an amount equal to each district's actual grade K
2    through 8 pupil enrollment for its first year of existence,
3    reduced by an amount equal to the product obtained when the
4    amount by which the newly created combined high school -
5    unit district's deemed high school pupil enrollment
6    exceeds its actual grade 9 through 12 pupil enrollment for
7    its first year of existence is multiplied by a fraction,
8    the numerator of which is the actual grade K through 8
9    pupil enrollment of each newly created district for its
10    first year of existence and the denominator of which is the
11    actual aggregate grade K through 8 pupil enrollment of all
12    such newly created districts for their first year of
13    existence.
14     The aggregate amount of each supplementary payment under
15this subdivision (4) and the amount thereof to be allocated to
16the newly created districts shall be computed by the State
17Board of Education on the basis of pupil enrollment and other
18data, which shall be certified to the State Board of Education,
19on forms that it shall provide for that purpose, by the
20regional superintendent of schools for each educational
21service region in which the newly created districts are
22located.
23    (5) For a partial elementary unit district, as defined in
24subsection (a) or (c) of Section 11E-30 of this Code, if, in
25the first year of existence, the newly created partial
26elementary unit district qualifies for less general State aid

 

 

10000SB0001ham002- 212 -LRB100 06371 MLM 27378 a

1and supplemental general State aid under Section 18-8.05 of
2this Code or less evidence-based funding under Section 18-8.15
3of this Code, as applicable, than would have been payable under
4those Sections that Section for that same year to the
5previously existing districts that formed the partial
6elementary unit district, then a supplementary payment equal to
7that difference shall be made to the partial elementary unit
8district for the first 4 years of existence of that newly
9created district.
10    (6) For an elementary opt-in, as described in subsection
11(d) of Section 11E-30 of this Code, the general State aid or
12evidence-based funding difference shall be computed in
13accordance with paragraph (5) of this subsection (a) as if the
14elementary opt-in was included in an optional elementary unit
15district at the optional elementary unit district's original
16effective date. If the calculation in this paragraph (6) is
17less than that calculated in paragraph (5) of this subsection
18(a) at the optional elementary unit district's original
19effective date, then no adjustments may be made. If the
20calculation in this paragraph (6) is more than that calculated
21in paragraph (5) of this subsection (a) at the optional
22elementary unit district's original effective date, then the
23excess must be paid as follows:
24        (A) If the effective date for the elementary opt-in is
25    one year after the effective date for the optional
26    elementary unit district, 100% of the calculated excess

 

 

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1    shall be paid to the optional elementary unit district in
2    each of the first 4 years after the effective date of the
3    elementary opt-in.
4        (B) If the effective date for the elementary opt-in is
5    2 years after the effective date for the optional
6    elementary unit district, 75% of the calculated excess
7    shall be paid to the optional elementary unit district in
8    each of the first 4 years after the effective date of the
9    elementary opt-in.
10        (C) If the effective date for the elementary opt-in is
11    3 years after the effective date for the optional
12    elementary unit district, 50% of the calculated excess
13    shall be paid to the optional elementary unit district in
14    each of the first 4 years 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 calculated excess
19    shall be paid to the optional elementary unit district in
20    each of the first 4 years after the effective date of the
21    elementary opt-in.
22        (E) If the effective date for the elementary opt-in is
23    5 years after the effective date for the optional
24    elementary unit district, the optional elementary unit
25    district is not eligible for any additional incentives due
26    to the elementary opt-in.

 

 

10000SB0001ham002- 214 -LRB100 06371 MLM 27378 a

1    (6.5) For a school district that annexes territory detached
2from another school district whereby the enrollment of the
3annexing district increases by 90% or more as a result of the
4annexation, for the first year during which the change of
5boundaries attributable to the annexation becomes effective
6for all purposes as determined under Section 7-9 of this Code,
7the general State aid and supplemental general State aid or
8evidence-based funding, as applicable, calculated under this
9Section shall be computed for the district gaining territory
10and the district losing territory as constituted after the
11annexation and for the same districts as constituted prior to
12the annexation; and if the aggregate of the general State aid
13and supplemental general State aid or evidence-based funding,
14as applicable, as so computed for the district gaining
15territory and the district losing territory as constituted
16after the annexation is less than the aggregate of the general
17State aid and supplemental general State aid or evidence-based
18funding, as applicable, as so computed for the district gaining
19territory and the district losing territory as constituted
20prior to the annexation, then a supplementary payment shall be
21made to the annexing district for the first 4 years of
22existence after the annexation, equal to the difference
23multiplied by the ratio of student enrollment in the territory
24detached to the total student enrollment in the district losing
25territory for the year prior to the effective date of the
26annexation. The amount of the total difference and the

 

 

10000SB0001ham002- 215 -LRB100 06371 MLM 27378 a

1proportion paid to the annexing district shall be computed by
2the State Board of Education on the basis of pupil enrollment
3and other data that must be submitted to the State Board of
4Education in accordance with Section 7-14A of this Code. The
5changes to this Section made by Public Act 95-707 are intended
6to be retroactive and applicable to any annexation taking
7effect on or after July 1, 2004. For annexations that are
8eligible for payments under this paragraph (6.5) and that are
9effective on or after July 1, 2004, but before January 11, 2008
10(the effective date of Public Act 95-707), the first required
11yearly payment under this paragraph (6.5) shall be paid in the
12fiscal year of January 11, 2008 (the effective date of Public
13Act 95-707). Subsequent required yearly payments shall be paid
14in subsequent fiscal years until the payment obligation under
15this paragraph (6.5) is complete.
16    (7) Claims for financial assistance under this subsection
17(a) may not be recomputed except as expressly provided under
18Section 18-8.05 or 18-8.15 of this Code.
19    (8) Any supplementary payment made under this subsection
20(a) must be treated as separate from all other payments made
21pursuant to Section 18-8.05 or 18-8.15 of this Code.
22    (b)(1) After the formation of a combined school district,
23as defined in Section 11E-20 of this Code, or a unit district,
24as defined in Section 11E-25 of this Code, a computation shall
25be made to determine the difference between the salaries
26effective in each of the previously existing districts on June

 

 

10000SB0001ham002- 216 -LRB100 06371 MLM 27378 a

130, prior to the creation of the new district. For the first 4
2years after the formation of the new district, a supplementary
3State aid reimbursement shall be paid to the new district equal
4to the difference between the sum of the salaries earned by
5each of the certificated members of the new district, while
6employed in one of the previously existing districts during the
7year immediately preceding the formation of the new district,
8and the sum of the salaries those certificated members would
9have been paid during the year immediately prior to the
10formation of the new district if placed on the salary schedule
11of the previously existing district with the highest salary
12schedule.
13    (2) After the territory of one or more school districts is
14annexed by one or more other school districts as defined in
15Article 7 of this Code, a computation shall be made to
16determine the difference between the salaries effective in each
17annexed district and in the annexing district or districts as
18they were each constituted on June 30 preceding the date when
19the change of boundaries attributable to the annexation became
20effective for all purposes, as determined under Section 7-9 of
21this Code. For the first 4 years after the annexation, a
22supplementary State aid reimbursement shall be paid to each
23annexing district as constituted after the annexation equal to
24the difference between the sum of the salaries earned by each
25of the certificated members of the annexing district as
26constituted after the annexation, while employed in an annexed

 

 

10000SB0001ham002- 217 -LRB100 06371 MLM 27378 a

1or annexing district during the year immediately preceding the
2annexation, and the sum of the salaries those certificated
3members would have been paid during the immediately preceding
4year if placed on the salary schedule of whichever of the
5annexing or annexed districts had the highest salary schedule
6during the immediately preceding year.
7    (3) For each new high school district formed under a school
8district conversion, as defined in Section 11E-15 of this Code,
9the State shall make a supplementary payment for 4 years equal
10to the difference between the sum of the salaries earned by
11each certified member of the new high school district, while
12employed in one of the previously existing districts, and the
13sum of the salaries those certified members would have been
14paid if placed on the salary schedule of the previously
15existing district with the highest salary schedule.
16    (4) For each newly created partial elementary unit
17district, the State shall make a supplementary payment for 4
18years equal to the difference between the sum of the salaries
19earned by each certified member of the newly created partial
20elementary unit district, while employed in one of the
21previously existing districts that formed the partial
22elementary unit district, and the sum of the salaries those
23certified members would have been paid if placed on the salary
24schedule of the previously existing district with the highest
25salary schedule. The salary schedules used in the calculation
26shall be those in effect in the previously existing districts

 

 

10000SB0001ham002- 218 -LRB100 06371 MLM 27378 a

1for the school year prior to the creation of the new partial
2elementary unit district.
3    (5) For an elementary district opt-in, as described in
4subsection (d) of Section 11E-30 of this Code, the salary
5difference incentive shall be computed in accordance with
6paragraph (4) of this subsection (b) as if the opted-in
7elementary district was included in the optional elementary
8unit district at the optional elementary unit district's
9original effective date. If the calculation in this paragraph
10(5) is less than that calculated in paragraph (4) of this
11subsection (b) at the optional elementary unit district's
12original effective date, then no adjustments may be made. If
13the calculation in this paragraph (5) is more than that
14calculated in paragraph (4) of this subsection (b) at the
15optional elementary unit district's original effective date,
16then the excess must be paid as follows:
17        (A) If the effective date for the elementary opt-in is
18    one year after the effective date for the optional
19    elementary unit district, 100% of the calculated excess
20    shall be paid to the optional elementary unit district in
21    each of the first 4 years after the effective date of the
22    elementary opt-in.
23        (B) If the effective date for the elementary opt-in is
24    2 years after the effective date for the optional
25    elementary unit district, 75% of the calculated excess
26    shall be paid to the optional elementary unit district in

 

 

10000SB0001ham002- 219 -LRB100 06371 MLM 27378 a

1    each of the first 4 years after the effective date of the
2    elementary opt-in.
3        (C) If the effective date for the elementary opt-in is
4    3 years after the effective date for the optional
5    elementary unit district, 50% of the calculated excess
6    shall be paid to the optional elementary unit district in
7    each of the first 4 years after the effective date of the
8    elementary opt-in.
9        (D) If the effective date for the elementary opt-in is
10    4 years after the effective date for the partial elementary
11    unit district, 25% of the calculated excess shall be paid
12    to the optional elementary unit district in each of the
13    first 4 years after the effective date of the elementary
14    opt-in.
15        (E) If the effective date for the elementary opt-in is
16    5 years after the effective date for the optional
17    elementary unit district, the optional elementary unit
18    district is not eligible for any additional incentives due
19    to the elementary opt-in.
20    (5.5) After the formation of a cooperative high school by 2
21or more school districts under Section 10-22.22c of this Code,
22a computation shall be made to determine the difference between
23the salaries effective in each of the previously existing high
24schools on June 30 prior to the formation of the cooperative
25high school. For the first 4 years after the formation of the
26cooperative high school, a supplementary State aid

 

 

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1reimbursement shall be paid to the cooperative high school
2equal to the difference between the sum of the salaries earned
3by each of the certificated members of the cooperative high
4school while employed in one of the previously existing high
5schools during the year immediately preceding the formation of
6the cooperative high school and the sum of the salaries those
7certificated members would have been paid during the year
8immediately prior to the formation of the cooperative high
9school if placed on the salary schedule of the previously
10existing high school with the highest salary schedule.
11    (5.10) After the annexation of territory detached from
12another school district whereby the enrollment of the annexing
13district increases by 90% or more as a result of the
14annexation, a computation shall be made to determine the
15difference between the salaries effective in the district
16gaining territory and the district losing territory as they
17each were constituted on June 30 preceding the date when the
18change of boundaries attributable to the annexation became
19effective for all purposes as determined under Section 7-9 of
20this Code. For the first 4 years after the annexation, a
21supplementary State aid reimbursement shall be paid to the
22annexing district equal to the difference between the sum of
23the salaries earned by each of the certificated members of the
24annexing district as constituted after the annexation while
25employed in the district gaining territory or the district
26losing territory during the year immediately preceding the

 

 

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1annexation and the sum of the salaries those certificated
2members would have been paid during such immediately preceding
3year if placed on the salary schedule of whichever of the
4district gaining territory or district losing territory had the
5highest salary schedule during the immediately preceding year.
6To be eligible for supplementary State aid reimbursement under
7this Section, the intergovernmental agreement to be submitted
8pursuant to Section 7-14A of this Code must show that staff
9members were transferred from the control of the district
10losing territory to the control of the district gaining
11territory in the annexation. The changes to this Section made
12by Public Act 95-707 are intended to be retroactive and
13applicable to any annexation taking effect on or after July 1,
142004. For annexations that are eligible for payments under this
15paragraph (5.10) and that are effective on or after July 1,
162004, but before January 11, 2008 (the effective date of Public
17Act 95-707), the first required yearly payment under this
18paragraph (5.10) shall be paid in the fiscal year of January
1911, 2008 (the effective date of Public Act 95-707). Subsequent
20required yearly payments shall be paid in subsequent fiscal
21years until the payment obligation under this paragraph (5.10)
22is complete.
23    (5.15) After the deactivation of a school facility in
24accordance with Section 10-22.22b of this Code, a computation
25shall be made to determine the difference between the salaries
26effective in the sending school district and each receiving

 

 

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1school district on June 30 prior to the deactivation of the
2school facility. For the lesser of the first 4 years after the
3deactivation of the school facility or the length of the
4deactivation agreement, including any renewals of the original
5deactivation agreement, a supplementary State aid
6reimbursement shall be paid to each receiving district equal to
7the difference between the sum of the salaries earned by each
8of the certificated members transferred to that receiving
9district as a result of the deactivation while employed in the
10sending district during the year immediately preceding the
11deactivation and the sum of the salaries those certificated
12members would have been paid during the year immediately
13preceding the deactivation if placed on the salary schedule of
14the sending or receiving district with the highest salary
15schedule.
16    (6) The supplementary State aid reimbursement under this
17subsection (b) shall be treated as separate from all other
18payments made pursuant to Section 18-8.05 of this Code. In the
19case of the formation of a new district or cooperative high
20school or a deactivation, reimbursement shall begin during the
21first year of operation of the new district or cooperative high
22school or the first year of the deactivation, and in the case
23of an annexation of the territory of one or more school
24districts by one or more other school districts or the
25annexation of territory detached from a school district whereby
26the enrollment of the annexing district increases by 90% or

 

 

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1more as a result of the annexation, reimbursement shall begin
2during the first year when the change in boundaries
3attributable to the annexation becomes effective for all
4purposes as determined pursuant to Section 7-9 of this Code,
5except that for an annexation of territory detached from a
6school district that is effective on or after July 1, 2004, but
7before January 11, 2008 (the effective date of Public Act
895-707), whereby the enrollment of the annexing district
9increases by 90% or more as a result of the annexation,
10reimbursement shall begin during the fiscal year of January 11,
112008 (the effective date of Public Act 95-707). Each year that
12the new, annexing, or receiving district or cooperative high
13school, as the case may be, is entitled to receive
14reimbursement, the number of eligible certified members who are
15employed on October 1 in the district or cooperative high
16school shall be certified to the State Board of Education on
17prescribed forms by October 15 and payment shall be made on or
18before November 15 of that year.
19    (c)(1) For the first year after the formation of a combined
20school district, as defined in Section 11E-20 of this Code or a
21unit district, as defined in Section 11E-25 of this Code, a
22computation shall be made totaling each previously existing
23district's audited fund balances in the educational fund,
24working cash fund, operations and maintenance fund, and
25transportation fund for the year ending June 30 prior to the
26referendum for the creation of the new district. The new

 

 

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1district shall be paid supplementary State aid equal to the sum
2of the differences between the deficit of the previously
3existing district with the smallest deficit and the deficits of
4each of the other previously existing districts.
5    (2) For the first year after the annexation of all of the
6territory of one or more entire school districts by another
7school district, as defined in Article 7 of this Code,
8computations shall be made, for the year ending June 30 prior
9to the date that the change of boundaries attributable to the
10annexation is allowed by the affirmative decision issued by the
11regional board of school trustees under Section 7-6 of this
12Code, notwithstanding any effort to seek administrative review
13of the decision, totaling the annexing district's and totaling
14each annexed district's audited fund balances in their
15respective educational, working cash, operations and
16maintenance, and transportation funds. The annexing district
17as constituted after the annexation shall be paid supplementary
18State aid equal to the sum of the differences between the
19deficit of whichever of the annexing or annexed districts as
20constituted prior to the annexation had the smallest deficit
21and the deficits of each of the other districts as constituted
22prior to the annexation.
23    (3) For the first year after the annexation of all of the
24territory of one or more entire school districts by 2 or more
25other school districts, as defined by Article 7 of this Code,
26computations shall be made, for the year ending June 30 prior

 

 

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1to the date that the change of boundaries attributable to the
2annexation is allowed by the affirmative decision of the
3regional board of school trustees under Section 7-6 of this
4Code, notwithstanding any action for administrative review of
5the decision, totaling each annexing and annexed district's
6audited fund balances in their respective educational, working
7cash, operations and maintenance, and transportation funds.
8The annexing districts as constituted after the annexation
9shall be paid supplementary State aid, allocated as provided in
10this paragraph (3), in an aggregate amount equal to the sum of
11the differences between the deficit of whichever of the
12annexing or annexed districts as constituted prior to the
13annexation had the smallest deficit and the deficits of each of
14the other districts as constituted prior to the annexation. The
15aggregate amount of the supplementary State aid payable under
16this paragraph (3) shall be allocated between or among the
17annexing districts as follows:
18        (A) the regional superintendent of schools for each
19    educational service region in which an annexed district is
20    located prior to the annexation shall certify to the State
21    Board of Education, on forms that it shall provide for that
22    purpose, the value of all taxable property in each annexed
23    district, as last equalized or assessed by the Department
24    of Revenue prior to the annexation, and the equalized
25    assessed value of each part of the annexed district that
26    was annexed to or included as a part of an annexing

 

 

10000SB0001ham002- 226 -LRB100 06371 MLM 27378 a

1    district;
2        (B) using equalized assessed values as certified by the
3    regional superintendent of schools under clause (A) of this
4    paragraph (3), the combined audited fund balance deficit of
5    each annexed district as determined under this Section
6    shall be apportioned between or among the annexing
7    districts in the same ratio as the equalized assessed value
8    of that part of the annexed district that was annexed to or
9    included as a part of an annexing district bears to the
10    total equalized assessed value of the annexed district; and
11        (C) the aggregate supplementary State aid payment
12    under this paragraph (3) shall be allocated between or
13    among, and shall be paid to, the annexing districts in the
14    same ratio as the sum of the combined audited fund balance
15    deficit of each annexing district as constituted prior to
16    the annexation, plus all combined audited fund balance
17    deficit amounts apportioned to that annexing district
18    under clause (B) of this subsection, bears to the aggregate
19    of the combined audited fund balance deficits of all of the
20    annexing and annexed districts as constituted prior to the
21    annexation.
22    (4) For the new elementary districts and new high school
23district formed through a school district conversion, as
24defined in Section 11E-15 of this Code or the new elementary
25district or districts and new combined high school - unit
26district formed through a multi-unit conversion, as defined in

 

 

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1subsection (b) of Section 11E-30 of this Code, a computation
2shall be made totaling each previously existing district's
3audited fund balances in the educational fund, working cash
4fund, operations and maintenance fund, and transportation fund
5for the year ending June 30 prior to the referendum
6establishing the new districts. In the first year of the new
7districts, the State shall make a one-time supplementary
8payment equal to the sum of the differences between the deficit
9of the previously existing district with the smallest deficit
10and the deficits of each of the other previously existing
11districts. A district with a combined balance among the 4 funds
12that is positive shall be considered to have a deficit of zero.
13The supplementary payment shall be allocated among the newly
14formed high school and elementary districts in the manner
15provided by the petition for the formation of the districts, in
16the form in which the petition is approved by the regional
17superintendent of schools or State Superintendent of Education
18under Section 11E-50 of this Code.
19    (5) For each newly created partial elementary unit
20district, as defined in subsection (a) or (c) of Section 11E-30
21of this Code, a computation shall be made totaling the audited
22fund balances of each previously existing district that formed
23the new partial elementary unit district in the educational
24fund, working cash fund, operations and maintenance fund, and
25transportation fund for the year ending June 30 prior to the
26referendum for the formation of the partial elementary unit

 

 

10000SB0001ham002- 228 -LRB100 06371 MLM 27378 a

1district. In the first year of the new partial elementary unit
2district, the State shall make a one-time supplementary payment
3to the new district equal to the sum of the differences between
4the deficit of the previously existing district with the
5smallest deficit and the deficits of each of the other
6previously existing districts. A district with a combined
7balance among the 4 funds that is positive shall be considered
8to have a deficit of zero.
9    (6) For an elementary opt-in as defined in subsection (d)
10of Section 11E-30 of this Code, the deficit fund balance
11incentive shall be computed in accordance with paragraph (5) of
12this subsection (c) as if the opted-in elementary was included
13in the optional elementary unit district at the optional
14elementary unit district's original effective date. If the
15calculation in this paragraph (6) is less than that calculated
16in paragraph (5) of this subsection (c) at the optional
17elementary unit district's original effective date, then no
18adjustments may be made. If the calculation in this paragraph
19(6) is more than that calculated in paragraph (5) of this
20subsection (c) at the optional elementary unit district's
21original effective date, then the excess must be paid as
22follows:
23        (A) If the effective date for the elementary opt-in is
24    one year after the effective date for the optional
25    elementary unit district, 100% of the calculated excess
26    shall be paid to the optional elementary unit district in

 

 

10000SB0001ham002- 229 -LRB100 06371 MLM 27378 a

1    the first year after the effective date of the elementary
2    opt-in.
3        (B) If the effective date for the elementary opt-in is
4    2 years after the effective date for the optional
5    elementary unit district, 75% of the calculated excess
6    shall be paid to the optional elementary unit district in
7    the first year after the effective date of the elementary
8    opt-in.
9        (C) If the effective date for the elementary opt-in is
10    3 years after the effective date for the optional
11    elementary unit district, 50% of the calculated excess
12    shall be paid to the optional elementary unit district in
13    the first year after the effective date of the elementary
14    opt-in.
15        (D) If the effective date for the elementary opt-in is
16    4 years after the effective date for the optional
17    elementary unit district, 25% of the calculated excess
18    shall be paid to the optional elementary unit district in
19    the first year after the effective date of the elementary
20    opt-in.
21        (E) If the effective date for the elementary opt-in is
22    5 years after the effective date for the optional
23    elementary unit district, the optional elementary unit
24    district is not eligible for any additional incentives due
25    to the elementary opt-in.
26    (6.5) For the first year after the annexation of territory

 

 

10000SB0001ham002- 230 -LRB100 06371 MLM 27378 a

1detached from another school district whereby the enrollment of
2the annexing district increases by 90% or more as a result of
3the annexation, a computation shall be made totaling the
4audited fund balances of the district gaining territory and the
5audited fund balances of the district losing territory in the
6educational fund, working cash fund, operations and
7maintenance fund, and transportation fund for the year ending
8June 30 prior to the date that the change of boundaries
9attributable to the annexation is allowed by the affirmative
10decision of the regional board of school trustees under Section
117-6 of this Code, notwithstanding any action for administrative
12review of the decision. The annexing district as constituted
13after the annexation shall be paid supplementary State aid
14equal to the difference between the deficit of whichever
15district included in this calculation as constituted prior to
16the annexation had the smallest deficit and the deficit of each
17other district included in this calculation as constituted
18prior to the annexation, multiplied by the ratio of equalized
19assessed value of the territory detached to the total equalized
20assessed value of the district losing territory. The regional
21superintendent of schools for the educational service region in
22which a district losing territory is located prior to the
23annexation shall certify to the State Board of Education the
24value of all taxable property in the district losing territory
25and the value of all taxable property in the territory being
26detached, as last equalized or assessed by the Department of

 

 

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1Revenue prior to the annexation. To be eligible for
2supplementary State aid reimbursement under this Section, the
3intergovernmental agreement to be submitted pursuant to
4Section 7-14A of this Code must show that fund balances were
5transferred from the district losing territory to the district
6gaining territory in the annexation. The changes to this
7Section made by Public Act 95-707 are intended to be
8retroactive and applicable to any annexation taking effect on
9or after July 1, 2004. For annexations that are eligible for
10payments under this paragraph (6.5) and that are effective on
11or after July 1, 2004, but before January 11, 2008 (the
12effective date of Public Act 95-707), the required payment
13under this paragraph (6.5) shall be paid in the fiscal year of
14January 11, 2008 (the effective date of Public Act 95-707).
15    (7) For purposes of any calculation required under
16paragraph (1), (2), (3), (4), (5), (6), or (6.5) of this
17subsection (c), a district with a combined fund balance that is
18positive shall be considered to have a deficit of zero. For
19purposes of determining each district's audited fund balances
20in its educational fund, working cash fund, operations and
21maintenance fund, and transportation fund for the specified
22year ending June 30, as provided in paragraphs (1), (2), (3),
23(4), (5), (6), and (6.5) of this subsection (c), the balance of
24each fund shall be deemed decreased by an amount equal to the
25amount of the annual property tax theretofore levied in the
26fund by the district for collection and payment to the district

 

 

10000SB0001ham002- 232 -LRB100 06371 MLM 27378 a

1during the calendar year in which the June 30 fell, but only to
2the extent that the tax so levied in the fund actually was
3received by the district on or before or comprised a part of
4the fund on such June 30. For purposes of determining each
5district's audited fund balances, a calculation shall be made
6for each fund to determine the average for the 3 years prior to
7the specified year ending June 30, as provided in paragraphs
8(1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c),
9of the district's expenditures in the categories "purchased
10services", "supplies and materials", and "capital outlay", as
11those categories are defined in rules of the State Board of
12Education. If this 3-year average is less than the district's
13expenditures in these categories for the specified year ending
14June 30, as provided in paragraphs (1), (2), (3), (4), (5),
15(6), and (6.5) of this subsection (c), then the 3-year average
16shall be used in calculating the amounts payable under this
17Section in place of the amounts shown in these categories for
18the specified year ending June 30, as provided in paragraphs
19(1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c).
20Any deficit because of State aid not yet received may not be
21considered in determining the June 30 deficits. The same basis
22of accounting shall be used by all previously existing
23districts and by all annexing or annexed districts, as
24constituted prior to the annexation, in making any computation
25required under paragraphs (1), (2), (3), (4), (5), (6), and
26(6.5) of this subsection (c).

 

 

10000SB0001ham002- 233 -LRB100 06371 MLM 27378 a

1    (8) The supplementary State aid payments under this
2subsection (c) shall be treated as separate from all other
3payments made pursuant to Section 18-8.05 of this Code.
4    (d)(1) Following the formation of a combined school
5district, as defined in Section 11E-20 of this Code, a new unit
6district, as defined in Section 11E-25 of this Code, a new
7elementary district or districts and a new high school district
8formed through a school district conversion, as defined in
9Section 11E-15 of this Code, a new partial elementary unit
10district, as defined in Section 11E-30 of this Code, or a new
11elementary district or districts formed through a multi-unit
12conversion, as defined in subsection (b) of Section 11E-30 of
13this Code, or the annexation of all of the territory of one or
14more entire school districts by one or more other school
15districts, as defined in Article 7 of this Code, a
16supplementary State aid reimbursement shall be paid for the
17number of school years determined under the following table to
18each new or annexing district equal to the sum of $4,000 for
19each certified employee who is employed by the district on a
20full-time basis for the regular term of the school year:
 
21Reorganized District's RankReorganized District's Rank
22by type of district (unit,in Average Daily Attendance
23high school, elementary)By Quintile
24in Equalized Assessed Value
25Per Pupil by Quintile

 

 

 

10000SB0001ham002- 234 -LRB100 06371 MLM 27378 a

13rd, 4th,
21st2ndor 5th
3QuintileQuintileQuintile
4    1st Quintile1 year1 year1 year
5    2nd Quintile1 year2 years2 years
6    3rd Quintile2 years3 years3 years
7    4th Quintile2 years3 years3 years
8    5th Quintile2 years3 years3 years
9The State Board of Education shall make a one-time calculation
10of a reorganized district's quintile ranks. The average daily
11attendance used in this calculation shall be the best 3 months'
12average daily attendance for the district's first year. The
13equalized assessed value per pupil shall be the district's real
14property equalized assessed value used in calculating the
15district's first-year general State aid claim, under Section
1618-8.05 of this Code, or first-year evidence-based funding
17claim, under Section 18-8.15 of this Code, as applicable,
18divided by the best 3 months' average daily attendance.
19    No annexing or resulting school district shall be entitled
20to supplementary State aid under this subsection (d) unless the
21district acquires at least 30% of the average daily attendance
22of the district from which the territory is being detached or
23divided.
24    If a district results from multiple reorganizations that
25would otherwise qualify the district for multiple payments

 

 

10000SB0001ham002- 235 -LRB100 06371 MLM 27378 a

1under this subsection (d) in any year, then the district shall
2receive a single payment only for that year based solely on the
3most recent reorganization.
4    (2) For an elementary opt-in, as defined in subsection (d)
5of Section 11E-30 of this Code, the full-time certified staff
6incentive shall be computed in accordance with paragraph (1) of
7this subsection (d), equal to the sum of $4,000 for each
8certified employee of the elementary district that opts-in who
9is employed by the optional elementary unit district on a
10full-time basis for the regular term of the school year. The
11calculation from this paragraph (2) must be paid as follows:
12        (A) If the effective date for the elementary opt-in is
13    one year after the effective date for the optional
14    elementary unit district, 100% of the amount calculated in
15    this paragraph (2) shall be paid to the optional elementary
16    unit district for the number of years calculated in
17    paragraph (1) of this subsection (d) at the optional
18    elementary unit district's original effective date,
19    starting in the second year after the effective date of the
20    elementary opt-in.
21        (B) If the effective date for the elementary opt-in is
22    2 years after the effective date for the optional
23    elementary unit district, 75% of the amount calculated in
24    this paragraph (2) shall be paid to the optional elementary
25    unit district for the number of years calculated in
26    paragraph (1) of this subsection (d) at the optional

 

 

10000SB0001ham002- 236 -LRB100 06371 MLM 27378 a

1    elementary unit district's original effective date,
2    starting in the second year after the effective date of the
3    elementary opt-in.
4        (C) If the effective date for the elementary opt-in is
5    3 years after the effective date for the optional
6    elementary unit district, 50% of the amount calculated in
7    this paragraph (2) shall be paid to the optional elementary
8    unit district for the number of years calculated in
9    paragraph (1) of this subsection (d) at the optional
10    elementary unit district's original effective date,
11    starting in the second year after the effective date of the
12    elementary opt-in.
13        (D) If the effective date for the elementary opt-in is
14    4 years after the effective date for the optional
15    elementary unit district, 25% of the amount calculated in
16    this paragraph (2) shall be paid to the optional elementary
17    unit district for the number of years calculated in
18    paragraph (1) of this subsection (d) at the optional
19    elementary unit district's original effective date,
20    starting in the second year after the effective date of the
21    elementary opt-in.
22        (E) If the effective date for the elementary opt-in is
23    5 years after the effective date for the optional
24    elementary unit district, the optional elementary unit
25    district is not eligible for any additional incentives due
26    to the elementary opt-in.

 

 

10000SB0001ham002- 237 -LRB100 06371 MLM 27378 a

1    (2.5) Following the formation of a cooperative high school
2by 2 or more school districts under Section 10-22.22c of this
3Code, a supplementary State aid reimbursement shall be paid for
43 school years to the cooperative high school equal to the sum
5of $4,000 for each certified employee who is employed by the
6cooperative high school on a full-time basis for the regular
7term of any such school year. If a cooperative high school
8results from multiple agreements that would otherwise qualify
9the cooperative high school for multiple payments under this
10Section in any year, the cooperative high school shall receive
11a single payment for that year based solely on the most recent
12agreement.
13    (2.10) Following the annexation of territory detached from
14another school district whereby the enrollment of the annexing
15district increases 90% or more as a result of the annexation, a
16supplementary State aid reimbursement shall be paid to the
17annexing district equal to the sum of $4,000 for each certified
18employee who is employed by the annexing district on a
19full-time basis and shall be calculated in accordance with
20subsection (a) of this Section. To be eligible for
21supplementary State aid reimbursement under this Section, the
22intergovernmental agreement to be submitted pursuant to
23Section 7-14A of this Code must show that certified staff
24members were transferred from the control of the district
25losing territory to the control of the district gaining
26territory in the annexation. The changes to this Section made

 

 

10000SB0001ham002- 238 -LRB100 06371 MLM 27378 a

1by Public Act 95-707 are intended to be retroactive and
2applicable to any annexation taking effect on or after July 1,
32004. For annexations that are eligible for payments under this
4paragraph (2.10) and that are effective on or after July 1,
52004, but before January 11, 2008 (the effective date of Public
6Act 95-707), the first required yearly payment under this
7paragraph (2.10) shall be paid in the second fiscal year after
8January 11, 2008 (the effective date of Public Act 95-707). Any
9subsequent required yearly payments shall be paid in subsequent
10fiscal years until the payment obligation under this paragraph
11(2.10) is complete.
12    (2.15) Following the deactivation of a school facility in
13accordance with Section 10-22.22b of this Code, a supplementary
14State aid reimbursement shall be paid for the lesser of 3
15school years or the length of the deactivation agreement,
16including any renewals of the original deactivation agreement,
17to each receiving school district equal to the sum of $4,000
18for each certified employee who is employed by that receiving
19district on a full-time basis for the regular term of any such
20school year who was originally transferred to the control of
21that receiving district as a result of the deactivation.
22Receiving districts are eligible for payments under this
23paragraph (2.15) based on the certified employees transferred
24to that receiving district as a result of the deactivation and
25are not required to receive at least 30% of the deactivating
26district's average daily attendance as required under

 

 

10000SB0001ham002- 239 -LRB100 06371 MLM 27378 a

1paragraph (1) of this subsection (d) to be eligible for
2payments.
3    (3) The supplementary State aid reimbursement payable
4under this subsection (d) shall be separate from and in
5addition to all other payments made to the district pursuant to
6any other Section of this Article.
7    (4) During May of each school year for which a
8supplementary State aid reimbursement is to be paid to a new,
9annexing, or receiving school district or cooperative high
10school pursuant to this subsection (d), the school board or
11governing board shall certify to the State Board of Education,
12on forms furnished to the school board or governing board by
13the State Board of Education for purposes of this subsection
14(d), the number of certified employees for which the district
15or cooperative high school is entitled to reimbursement under
16this Section, together with the names, certificate numbers, and
17positions held by the certified employees.
18    (5) Upon certification by the State Board of Education to
19the State Comptroller of the amount of the supplementary State
20aid reimbursement to which a school district or cooperative
21high school is entitled under this subsection (d), the State
22Comptroller shall draw his or her warrant upon the State
23Treasurer for the payment thereof to the school district or
24cooperative high school and shall promptly transmit the payment
25to the school district or cooperative high school through the
26appropriate school treasurer.

 

 

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1(Source: P.A. 95-331, eff. 8-21-07; 95-707, eff. 1-11-08;
295-903, eff. 8-25-08; 96-328, eff. 8-11-09.)
 
3    (105 ILCS 5/13A-8)
4    Sec. 13A-8. Funding.
5    (a) The State of Illinois shall provide funding for the
6alternative school programs within each educational service
7region and within the Chicago public school system by line item
8appropriation made to the State Board of Education for that
9purpose. This money, when appropriated, shall be provided to
10the regional superintendent and to the Chicago Board of
11Education, who shall establish a budget, including salaries,
12for their alternative school programs. Each program shall
13receive funding in the amount of $30,000 plus an amount based
14on the ratio of the region's or Chicago's best 3 months'
15average daily attendance in grades pre-kindergarten through 12
16to the statewide totals of these amounts. For purposes of this
17calculation, the best 3 months' average daily attendance for
18each region or Chicago shall be calculated by adding to the
19best 3 months' average daily attendance the number of
20low-income students identified in the most recently available
21federal census multiplied by one-half times the percentage of
22the region's or Chicago's low-income students to the State's
23total low-income students. The State Board of Education shall
24retain up to 1.1% of the appropriation to be used to provide
25technical assistance, professional development, and

 

 

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1evaluations for the programs.
2    (a-5) Notwithstanding any other provisions of this
3Section, for the 1998-1999 fiscal year, the total amount
4distributed under subsection (a) for an alternative school
5program shall be not less than the total amount that was
6distributed under that subsection for that alternative school
7program for the 1997-1998 fiscal year. If an alternative school
8program is to receive a total distribution under subsection (a)
9for the 1998-1999 fiscal year that is less than the total
10distribution that the program received under that subsection
11for the 1997-1998 fiscal year, that alternative school program
12shall also receive, from a separate appropriation made for
13purposes of this subsection (a-5), a supplementary payment
14equal to the amount by which its total distribution under
15subsection (a) for the 1997-1998 fiscal year exceeds the amount
16of the total distribution that the alternative school program
17receives under that subsection for the 1998-1999 fiscal year.
18If the amount appropriated for supplementary payments to
19alternative school programs under this subsection (a-5) is
20insufficient for that purpose, those supplementary payments
21shall be prorated among the alternative school programs
22entitled to receive those supplementary payments according to
23the aggregate amount of the appropriation made for purposes of
24this subsection (a-5).
25    (b) An alternative school program shall be entitled to
26receive general State aid as calculated in subsection (K) of

 

 

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1Section 18-8.05 or evidence-based funding as calculated in
2subsection (g) of Section 18-8.15 upon filing a claim as
3provided therein. Any time that a student who is enrolled in an
4alternative school program spends in work-based learning,
5community service, or a similar alternative educational
6setting shall be included in determining the student's minimum
7number of clock hours of daily school work that constitute a
8day of attendance for purposes of calculating general State aid
9or evidence-based funding.
10    (c) An alternative school program may receive additional
11funding from its school districts in such amount as may be
12agreed upon by the parties and necessary to support the
13program. In addition, an alternative school program is
14authorized to accept and expend gifts, legacies, and grants,
15including but not limited to federal grants, from any source
16for purposes directly related to the conduct and operation of
17the program.
18(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96;
1989-636, eff. 8-9-96; 90-14, eff. 7-1-97; 90-283, eff. 7-31-97;
2090-802, eff. 12-15-98.)
 
21    (105 ILCS 5/13B-20.20)
22    Sec. 13B-20.20. Enrollment in other programs. High school
23equivalency testing preparation programs are not eligible for
24funding under this Article. A student may enroll in a program
25approved under Section 18-8.05 or 18-8.15 of this Code, as

 

 

10000SB0001ham002- 243 -LRB100 06371 MLM 27378 a

1appropriate, or attend both the alternative learning
2opportunities program and the regular school program to enhance
3student performance and facilitate on-time graduation.
4(Source: P.A. 98-718, eff. 1-1-15.)
 
5    (105 ILCS 5/13B-45)
6    Sec. 13B-45. Days and hours of attendance. An alternative
7learning opportunities program shall provide students with at
8least the minimum number of days of pupil attendance required
9under Section 10-19 of this Code and the minimum number of
10daily hours of school work required under Section 18-8.05 or
1118-8.15 of this Code, provided that the State Board may approve
12exceptions to these requirements if the program meets all of
13the following conditions:
14        (1) The district plan submitted under Section
15    13B-25.15 of this Code establishes that a program providing
16    the required minimum number of days of attendance or daily
17    hours of school work would not serve the needs of the
18    program's students.
19        (2) Each day of attendance shall provide no fewer than
20    3 clock hours of school work, as defined under paragraph
21    (1) of subsection (F) of Section 18-8.05 of this Code.
22        (3) Each day of attendance that provides fewer than 5
23    clock hours of school work shall also provide supplementary
24    services, including without limitation work-based
25    learning, student assistance programs, counseling, case

 

 

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1    management, health and fitness programs, or life-skills or
2    conflict resolution training, in order to provide a total
3    daily program to the student of 5 clock hours. A program
4    may claim general State aid or evidence-based funding for
5    up to 2 hours of the time each day that a student is
6    receiving supplementary services.
7        (4) Each program shall provide no fewer than 174 days
8    of actual pupil attendance during the school term; however,
9    approved evening programs that meet the requirements of
10    Section 13B-45 of this Code may offer less than 174 days of
11    actual pupil attendance during the school term.
12(Source: P.A. 92-42, eff. 1-1-02.)
 
13    (105 ILCS 5/13B-50)
14    Sec. 13B-50. Eligibility to receive general State aid or
15evidence-based funding. In order to receive general State aid
16or evidence-based funding, alternative learning opportunities
17programs must meet the requirements for claiming general State
18aid as specified in Section 18-8.05 of this Code or
19evidence-based funding as specified in Section 18-8.15 of this
20Code, as applicable, with the exception of the length of the
21instructional day, which may be less than 5 hours of school
22work if the program meets the criteria set forth under Sections
2313B-50.5 and 13B-50.10 of this Code and if the program is
24approved by the State Board.
25(Source: P.A. 92-42, eff. 1-1-02.)
 

 

 

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1    (105 ILCS 5/13B-50.10)
2    Sec. 13B-50.10. Additional criteria for general State aid
3or evidence-based funding. In order to claim general State aid
4or evidence-based funding, an alternative learning
5opportunities program must meet the following criteria:
6    (1) Teacher professional development plans should include
7education in the instruction of at-risk students.
8    (2) Facilities must meet the health, life, and safety
9requirements in this Code.
10    (3) The program must comply with all other State and
11federal laws applicable to education providers.
12(Source: P.A. 92-42, eff. 1-1-02.)
 
13    (105 ILCS 5/13B-50.15)
14    Sec. 13B-50.15. Level of funding. Approved alternative
15learning opportunities programs are entitled to claim general
16State aid or evidence-based funding, subject to Sections
1713B-50, 13B-50.5, and 13B-50.10 of this Code. Approved programs
18operated by regional offices of education are entitled to
19receive general State aid at the foundation level of support. A
20school district or consortium must ensure that an approved
21program receives supplemental general State aid,
22transportation reimbursements, and special education
23resources, if appropriate, for students enrolled in the
24program.

 

 

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1(Source: P.A. 92-42, eff. 1-1-02.)
 
2    (105 ILCS 5/14-7.02b)
3    Sec. 14-7.02b. Funding for children requiring special
4education services. Payments to school districts for children
5requiring special education services documented in their
6individualized education program regardless of the program
7from which these services are received, excluding children
8claimed under Sections 14-7.02 and 14-7.03 of this Code, shall
9be made in accordance with this Section. Funds received under
10this Section may be used only for the provision of special
11educational facilities and services as defined in Section
1214-1.08 of this Code.
13    The appropriation for fiscal year 2005 through fiscal year
142017 and thereafter shall be based upon the IDEA child count of
15all students in the State, excluding students claimed under
16Sections 14-7.02 and 14-7.03 of this Code, on December 1 of the
17fiscal year 2 years preceding, multiplied by 17.5% of the
18general State aid foundation level of support established for
19that fiscal year under Section 18-8.05 of this Code.
20    Beginning with fiscal year 2005 and through fiscal year
212007, individual school districts shall not receive payments
22under this Section totaling less than they received under the
23funding authorized under Section 14-7.02a of this Code during
24fiscal year 2004, pursuant to the provisions of Section
2514-7.02a as they were in effect before the effective date of

 

 

10000SB0001ham002- 247 -LRB100 06371 MLM 27378 a

1this amendatory Act of the 93rd General Assembly. This base
2level funding shall be computed first.
3    Beginning with fiscal year 2008 through fiscal year 2017
4and each fiscal year thereafter, individual school districts
5must not receive payments under this Section totaling less than
6they received in fiscal year 2007. This funding shall be
7computed last and shall be a separate calculation from any
8other calculation set forth in this Section. This amount is
9exempt from the requirements of Section 1D-1 of this Code.
10    Through fiscal year 2017, an An amount equal to 85% of the
11funds remaining in the appropriation shall be allocated to
12school districts based upon the district's average daily
13attendance reported for purposes of Section 18-8.05 of this
14Code for the preceding school year. Fifteen percent of the
15funds remaining in the appropriation shall be allocated to
16school districts based upon the district's low income eligible
17pupil count used in the calculation of general State aid under
18Section 18-8.05 of this Code for the same fiscal year. One
19hundred percent of the funds computed and allocated to
20districts under this Section shall be distributed and paid to
21school districts.
22    For individual students with disabilities whose program
23costs exceed 4 times the district's per capita tuition rate as
24calculated under Section 10-20.12a of this Code, the costs in
25excess of 4 times the district's per capita tuition rate shall
26be paid by the State Board of Education from unexpended IDEA

 

 

10000SB0001ham002- 248 -LRB100 06371 MLM 27378 a

1discretionary funds originally designated for room and board
2reimbursement pursuant to Section 14-8.01 of this Code. The
3amount of tuition for these children shall be determined by the
4actual cost of maintaining classes for these children, using
5the per capita cost formula set forth in Section 14-7.01 of
6this Code, with the program and cost being pre-approved by the
7State Superintendent of Education. Reimbursement for
8individual students with disabilities whose program costs
9exceed 4 times the district's per capita tuition rate shall be
10claimed beginning with costs encumbered for the 2004-2005
11school year and thereafter.
12    The State Board of Education shall prepare vouchers equal
13to one-fourth the amount allocated to districts, for
14transmittal to the State Comptroller on the 30th day of
15September, December, and March, respectively, and the final
16voucher, no later than June 20. The Comptroller shall make
17payments pursuant to this Section to school districts as soon
18as possible after receipt of vouchers. If the money
19appropriated from the General Assembly for such purposes for
20any year is insufficient, it shall be apportioned on the basis
21of the payments due to school districts.
22    Nothing in this Section shall be construed to decrease or
23increase the percentage of all special education funds that are
24allocated annually under Article 1D of this Code or to alter
25the requirement that a school district provide special
26education services.

 

 

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1    Nothing in this amendatory Act of the 93rd General Assembly
2shall eliminate any reimbursement obligation owed as of the
3effective date of this amendatory Act of the 93rd General
4Assembly to a school district with in excess of 500,000
5inhabitants.
6    Except for reimbursement for individual students with
7disabilities whose program costs exceed 4 times the district's
8per capita tuition rate, no funding shall be provided to school
9districts under this Section after fiscal year 2017.
10    In fiscal year 2018 and each fiscal year thereafter, all
11funding received by a school district from the State pursuant
12to Section 18–8.15 of this Code that is attributable to
13students requiring special education services must be used for
14special education services authorized under this Code.
15(Source: P.A. 93-1022, eff. 8-24-08; 95-705, eff. 1-8-08.)
 
16    (105 ILCS 5/14-13.01)  (from Ch. 122, par. 14-13.01)
17    Sec. 14-13.01. Reimbursement payable by State; amounts for
18personnel and transportation.
19    (a) Through fiscal year 2017, for For staff working on
20behalf of children who have not been identified as eligible for
21special education and for eligible children with physical
22disabilities, including all eligible children whose placement
23has been determined under Section 14-8.02 in hospital or home
24instruction, 1/2 of the teacher's salary but not more than
25$1,000 annually per child or $9,000 per teacher, whichever is

 

 

10000SB0001ham002- 250 -LRB100 06371 MLM 27378 a

1less.
2    (a-5) A child qualifies for home or hospital instruction if
3it is anticipated that, due to a medical condition, the child
4will be unable to attend school, and instead must be instructed
5at home or in the hospital, for a period of 2 or more
6consecutive weeks or on an ongoing intermittent basis. For
7purposes of this Section, "ongoing intermittent basis" means
8that the child's medical condition is of such a nature or
9severity that it is anticipated that the child will be absent
10from school due to the medical condition for periods of at
11least 2 days at a time multiple times during the school year
12totaling at least 10 days or more of absences. There shall be
13no requirement that a child be absent from school a minimum
14number of days before the child qualifies for home or hospital
15instruction. In order to establish eligibility for home or
16hospital services, a student's parent or guardian must submit
17to the child's school district of residence a written statement
18from a physician licensed to practice medicine in all of its
19branches stating the existence of such medical condition, the
20impact on the child's ability to participate in education, and
21the anticipated duration or nature of the child's absence from
22school. Home or hospital instruction may commence upon receipt
23of a written physician's statement in accordance with this
24Section, but instruction shall commence not later than 5 school
25days after the school district receives the physician's
26statement. Special education and related services required by

 

 

10000SB0001ham002- 251 -LRB100 06371 MLM 27378 a

1the child's IEP or services and accommodations required by the
2child's federal Section 504 plan must be implemented as part of
3the child's home or hospital instruction, unless the IEP team
4or federal Section 504 plan team determines that modifications
5are necessary during the home or hospital instruction due to
6the child's condition.
7    (a-10) Through fiscal year 2017, eligible Eligible
8children to be included in any reimbursement under this
9paragraph must regularly receive a minimum of one hour of
10instruction each school day, or in lieu thereof of a minimum of
115 hours of instruction in each school week in order to qualify
12for full reimbursement under this Section. If the attending
13physician for such a child has certified that the child should
14not receive as many as 5 hours of instruction in a school week,
15however, reimbursement under this paragraph on account of that
16child shall be computed proportionate to the actual hours of
17instruction per week for that child divided by 5.
18    (a-15) The State Board of Education shall establish rules
19governing the required qualifications of staff providing home
20or hospital instruction.
21    (b) For children described in Section 14-1.02, 80% of the
22cost of transportation approved as a related service in the
23Individualized Education Program for each student in order to
24take advantage of special educational facilities.
25Transportation costs shall be determined in the same fashion as
26provided in Section 29-5 of this Code. For purposes of this

 

 

10000SB0001ham002- 252 -LRB100 06371 MLM 27378 a

1subsection (b), the dates for processing claims specified in
2Section 29-5 shall apply.
3    (c) Through fiscal year 2017, for For each qualified
4worker, the annual sum of $9,000.
5    (d) Through fiscal year 2017, for For one full time
6qualified director of the special education program of each
7school district which maintains a fully approved program of
8special education the annual sum of $9,000. Districts
9participating in a joint agreement special education program
10shall not receive such reimbursement if reimbursement is made
11for a director of the joint agreement program.
12    (e) (Blank).
13    (f) (Blank).
14    (g) Through fiscal year 2017, for For readers, working with
15blind or partially seeing children 1/2 of their salary but not
16more than $400 annually per child. Readers may be employed to
17assist such children and shall not be required to be certified
18but prior to employment shall meet standards set up by the
19State Board of Education.
20    (h) Through fiscal year 2017, for For non-certified
21employees, as defined by rules promulgated by the State Board
22of Education, who deliver services to students with IEPs, 1/2
23of the salary paid or $3,500 per employee, whichever is less.
24    (i) The State Board of Education shall set standards and
25prescribe rules for determining the allocation of
26reimbursement under this section on less than a full time basis

 

 

10000SB0001ham002- 253 -LRB100 06371 MLM 27378 a

1and for less than a school year.
2    When any school district eligible for reimbursement under
3this Section operates a school or program approved by the State
4Superintendent of Education for a number of days in excess of
5the adopted school calendar but not to exceed 235 school days,
6such reimbursement shall be increased by 1/180 of the amount or
7rate paid hereunder for each day such school is operated in
8excess of 180 days per calendar year.
9    Notwithstanding any other provision of law, any school
10district receiving a payment under this Section or under
11Section 14-7.02, 14-7.02b, or 29-5 of this Code may classify
12all or a portion of the funds that it receives in a particular
13fiscal year or from evidence-based funding general State aid
14pursuant to Section 18-8.15 18-8.05 of this Code as funds
15received in connection with any funding program for which it is
16entitled to receive funds from the State in that fiscal year
17(including, without limitation, any funding program referenced
18in this Section), regardless of the source or timing of the
19receipt. The district may not classify more funds as funds
20received in connection with the funding program than the
21district is entitled to receive in that fiscal year for that
22program. Any classification by a district must be made by a
23resolution of its board of education. The resolution must
24identify the amount of any payments or evidence-based funding
25general State aid to be classified under this paragraph and
26must specify the funding program to which the funds are to be

 

 

10000SB0001ham002- 254 -LRB100 06371 MLM 27378 a

1treated as received in connection therewith. This resolution is
2controlling as to the classification of funds referenced
3therein. A certified copy of the resolution must be sent to the
4State Superintendent of Education. The resolution shall still
5take effect even though a copy of the resolution has not been
6sent to the State Superintendent of Education in a timely
7manner. No classification under this paragraph by a district
8shall affect the total amount or timing of money the district
9is entitled to receive under this Code. No classification under
10this paragraph by a district shall in any way relieve the
11district from or affect any requirements that otherwise would
12apply with respect to that funding program, including any
13accounting of funds by source, reporting expenditures by
14original source and purpose, reporting requirements, or
15requirements of providing services.
16    No funding shall be provided to school districts under this
17Section after fiscal year 2017. In fiscal year 2018 and each
18fiscal year thereafter, all funding received by a school
19district from the State pursuant to Section 18-8.15 of this
20Code that is attributable to personnel reimbursements for
21special education pupils must be used for special education
22services authorized under this Code.
23(Source: P.A. 96-257, eff. 8-11-09; 97-123, eff. 7-14-11.)
 
24    (105 ILCS 5/14C-1)  (from Ch. 122, par. 14C-1)
25    Sec. 14C-1. The General Assembly finds that there are large

 

 

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1numbers of children in this State who come from environments
2where the primary language is other than English. Experience
3has shown that public school classes in which instruction is
4given only in English are often inadequate for the education of
5children whose native tongue is another language. The General
6Assembly believes that a program of transitional bilingual
7education can meet the needs of these children and facilitate
8their integration into the regular public school curriculum.
9Therefore, pursuant to the policy of this State to ensure equal
10educational opportunity to every child, and in recognition of
11the educational needs of English learners, it is the purpose of
12this Act to provide for the establishment of transitional
13bilingual education programs in the public schools, to provide
14supplemental financial assistance through fiscal year 2017 to
15help local school districts meet the extra costs of such
16programs, and to allow this State through the State Board of
17Education to directly or indirectly provide technical
18assistance and professional development to support
19transitional bilingual education or a transitional program of
20instruction programs statewide through contractual services by
21a not-for-profit entity for technical assistance, professional
22development, and other support to school districts and
23educators for services for English learner pupils. In no case
24may aggregate funding for contractual services by a
25not-for-profit entity for support to school districts and
26educators for services for English learner pupils be less than

 

 

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1the aggregate amount expended for such purposes in Fiscal Year
22017. Not-for-profit entities providing support to school
3districts and educators for services for English learner pupils
4must have experience providing those services in a school
5district having a population exceeding 500,000; one or more
6school districts in any of the counties of Lake, McHenry,
7DuPage, Kane, and Will; and one or more school districts
8elsewhere in this State. Funding for not-for-profit entities
9providing support to school districts and educators for
10services for English learner pupils may be increased subject to
11an agreement with the State Board of Education. Funding for
12not-for-profit entities providing support to school districts
13and educators for services for English learner pupils shall
14come from funds allocated pursuant to Section 18-8.15 of this
15Code.
16(Source: P.A. 99-30, eff. 7-10-15.)
 
17    (105 ILCS 5/14C-12)  (from Ch. 122, par. 14C-12)
18    Sec. 14C-12. Account of expenditures; Cost report;
19Reimbursement. Each school district with at least one English
20learner shall keep an accurate, detailed and separate account
21of all monies paid out by it for the programs in transitional
22bilingual education required or permitted by this Article,
23including transportation costs, and shall annually report
24thereon for the school year ending June 30 indicating the
25average per pupil expenditure. Through fiscal year 2017, each

 

 

10000SB0001ham002- 257 -LRB100 06371 MLM 27378 a

1Each school district shall be reimbursed for the amount by
2which such costs exceed the average per pupil expenditure by
3such school district for the education of children of
4comparable age who are not in any special education program. No
5funding shall be provided to school districts under this
6Section after fiscal year 2017. In fiscal year 2018 and each
7fiscal year thereafter, all funding received by a school
8district from the State pursuant to Section 18-8.15 of this
9Code that is attributable to instructions, supports, and
10interventions for English learner pupils must be used for
11programs and services authorized under this Article. At least
1260% of transitional bilingual education funding received from
13the State must be used for the instructional costs of programs
14and services authorized under this Article transitional
15bilingual education.
16    Applications for preapproval for reimbursement for costs
17of transitional bilingual education programs must be submitted
18to the State Superintendent of Education at least 60 days
19before a transitional bilingual education program is started,
20unless a justifiable exception is granted by the State
21Superintendent of Education. Applications shall set forth a
22plan for transitional bilingual education established and
23maintained in accordance with this Article.
24    Through fiscal year 2017, reimbursement Reimbursement
25claims for transitional bilingual education programs shall be
26made as follows:

 

 

10000SB0001ham002- 258 -LRB100 06371 MLM 27378 a

1    Each school district shall claim reimbursement on a current
2basis for the first 3 quarters of the fiscal year and file a
3final adjusted claim for the school year ended June 30
4preceding computed in accordance with rules prescribed by the
5State Superintendent's Office. The State Superintendent of
6Education before approving any such claims shall determine
7their accuracy and whether they are based upon services and
8facilities provided under approved programs. Upon approval he
9shall transmit to the Comptroller the vouchers showing the
10amounts due for school district reimbursement claims. Upon
11receipt of the final adjusted claims the State Superintendent
12of Education shall make a final determination of the accuracy
13of such claims. If the money appropriated by the General
14Assembly for such purpose for any year is insufficient, it
15shall be apportioned on the basis of the claims approved.
16    Failure on the part of the school district to prepare and
17certify the final adjusted claims due under this Section may
18constitute a forfeiture by the school district of its right to
19be reimbursed by the State under this Section.
20(Source: P.A. 96-1170, eff. 1-1-11.)
 
21    (105 ILCS 5/17-1)  (from Ch. 122, par. 17-1)
22    Sec. 17-1. Annual Budget. The board of education of each
23school district under 500,000 inhabitants shall, within or
24before the first quarter of each fiscal year, adopt and file
25with the State Board of Education an annual balanced budget

 

 

10000SB0001ham002- 259 -LRB100 06371 MLM 27378 a

1which it deems necessary to defray all necessary expenses and
2liabilities of the district, and in such annual budget shall
3specify the objects and purposes of each item and amount needed
4for each object or purpose.
5    The budget shall be entered upon a School District Budget
6form prepared and provided by the State Board of Education and
7therein shall contain a statement of the cash on hand at the
8beginning of the fiscal year, an estimate of the cash expected
9to be received during such fiscal year from all sources, an
10estimate of the expenditures contemplated for such fiscal year,
11and a statement of the estimated cash expected to be on hand at
12the end of such year. The estimate of taxes to be received may
13be based upon the amount of actual cash receipts that may
14reasonably be expected by the district during such fiscal year,
15estimated from the experience of the district in prior years
16and with due regard for other circumstances that may
17substantially affect such receipts. Nothing in this Section
18shall be construed as requiring any district to change or
19preventing any district from changing from a cash basis of
20financing to a surplus or deficit basis of financing; or as
21requiring any district to change or preventing any district
22from changing its system of accounting. The budget shall
23conform to the requirements adopted by the State Board of
24Education pursuant to Section 2-3.28 of this Code.
25    To the extent that a school district's budget is not
26balanced, the district shall also adopt and file with the State

 

 

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1Board of Education a deficit reduction plan to balance the
2district's budget within 3 years. The deficit reduction plan
3must be filed at the same time as the budget, but the State
4Superintendent of Education may extend this deadline if the
5situation warrants.
6    If, as the result of an audit performed in compliance with
7Section 3-7 of this Code, the resulting Annual Financial Report
8required to be submitted pursuant to Section 3-15.1 of this
9Code reflects a deficit as defined for purposes of the
10preceding paragraph, then the district shall, within 30 days
11after acceptance of such audit report, submit a deficit
12reduction plan.
13    The board of education of each district shall fix a fiscal
14year therefor. If the beginning of the fiscal year of a
15district is subsequent to the time that the tax levy due to be
16made in such fiscal year shall be made, then such annual budget
17shall be adopted prior to the time such tax levy shall be made.
18The failure by a board of education of any district to adopt an
19annual budget, or to comply in any respect with the provisions
20of this Section, shall not affect the validity of any tax levy
21of the district otherwise in conformity with the law. With
22respect to taxes levied either before, on, or after the
23effective date of this amendatory Act of the 91st General
24Assembly, (i) a tax levy is made for the fiscal year in which
25the levy is due to be made regardless of which fiscal year the
26proceeds of the levy are expended or are intended to be

 

 

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1expended, and (ii) except as otherwise provided by law, a board
2of education's adoption of an annual budget in conformity with
3this Section is not a prerequisite to the adoption of a valid
4tax levy and is not a limit on the amount of the levy.
5    Such budget shall be prepared in tentative form by some
6person or persons designated by the board, and in such
7tentative form shall be made conveniently available to public
8inspection for at least 30 days prior to final action thereon.
9At least 1 public hearing shall be held as to such budget prior
10to final action thereon. Notice of availability for public
11inspection and of such public hearing shall be given by
12publication in a newspaper published in such district, at least
1330 days prior to the time of such hearing. If there is no
14newspaper published in such district, notice of such public
15hearing shall be given by posting notices thereof in 5 of the
16most public places in such district. It shall be the duty of
17the secretary of such board to make such tentative budget
18available to public inspection, and to arrange for such public
19hearing. The board may from time to time make transfers between
20the various items in any fund not exceeding in the aggregate
2110% of the total of such fund as set forth in the budget. The
22board may from time to time amend such budget by the same
23procedure as is herein provided for its original adoption.
24    Beginning July 1, 1976, the board of education, or regional
25superintendent, or governing board responsible for the
26administration of a joint agreement shall, by September 1 of

 

 

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1each fiscal year thereafter, adopt an annual budget for the
2joint agreement in the same manner and subject to the same
3requirements as are provided in this Section.
4    The State Board of Education shall exercise powers and
5duties relating to budgets as provided in Section 2-3.27 of
6this Code and shall require school districts to submit their
7annual budgets, deficit reduction plans, and other financial
8information, including revenue and expenditure reports and
9borrowing and interfund transfer plans, in such form and within
10the timelines designated by the State Board of Education.
11    By fiscal year 1982 all school districts shall use the
12Program Budget Accounting System.
13    In the case of a school district receiving emergency State
14financial assistance under Article 1B, the school board shall
15also be subject to the requirements established under Article
161B with respect to the annual budget.
17(Source: P.A. 97-429, eff. 8-16-11.)
 
18    (105 ILCS 5/17-1.2)
19    Sec. 17-1.2. Post annual budget on web site. If a school
20district has an Internet web site, the school district shall
21post its current annual budget, itemized by receipts and
22expenditures, on the district's Internet web site. The budget
23shall include information conforming to the rules adopted by
24the State Board of Education pursuant to Section 2-3.28 of this
25Code. The school district shall notify the parents or guardians

 

 

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1of its students that the budget has been posted on the
2district's web site and what the web site's address is.
3(Source: P.A. 92-438, eff. 1-1-02.)
 
4    (105 ILCS 5/17-1.5)
5    Sec. 17-1.5. Limitation of administrative costs.
6    (a) It is the purpose of this Section to establish
7limitations on the growth of administrative expenditures in
8order to maximize the proportion of school district resources
9available for the instructional program, building maintenance,
10and safety services for the students of each district.
11    (b) Definitions. For the purposes of this Section:
12    "Administrative expenditures" mean the annual expenditures
13of school districts properly attributable to expenditure
14functions defined by the rules of the State Board of Education
15as: 2320 (Executive Administration Services); 2330 (Special
16Area Administration Services); 2490 (Other Support Services -
17School Administration); 2510 (Direction of Business Support
18Services); 2570 (Internal Services); and 2610 (Direction of
19Central Support Services); provided, however, that
20"administrative expenditures" shall not include early
21retirement or other pension system obligations required by
22State law.
23    "School district" means all school districts having a
24population of less than 500,000.
25    (c) For the 1998-99 school year and each school year

 

 

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1thereafter, each school district shall undertake budgetary and
2expenditure control actions so that the increase in
3administrative expenditures for that school year over the prior
4school year does not exceed 5%. School districts with
5administrative expenditures per pupil in the 25th percentile
6and below for all districts of the same type, as defined by the
7State Board of Education, may waive the limitation imposed
8under this Section for any year following a public hearing and
9with the affirmative vote of at least two-thirds of the members
10of the school board of the district. Any district waiving the
11limitation shall notify the State Board within 45 days of such
12action.
13    (d) School districts shall file with the State Board of
14Education by November 15, 1998 and by each November 15th
15thereafter a one-page report that lists (i) the actual
16administrative expenditures for the prior year from the
17district's audited Annual Financial Report, and (ii) the
18projected administrative expenditures for the current year
19from the budget adopted by the school board pursuant to Section
2017-1 of this Code.
21    If a school district that is ineligible to waive the
22limitation imposed by subsection (c) of this Section by board
23action exceeds the limitation solely because of circumstances
24beyond the control of the district and the district has
25exhausted all available and reasonable remedies to comply with
26the limitation, the district may request a waiver pursuant to

 

 

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1Section 2-3.25g. The waiver application shall specify the
2amount, nature, and reason for the relief requested, as well as
3all remedies the district has exhausted to comply with the
4limitation. Any emergency relief so requested shall apply only
5to the specific school year for which the request is made. The
6State Board of Education shall analyze all such waivers
7submitted and shall recommend that the General Assembly
8disapprove any such waiver requested that is not due solely to
9circumstances beyond the control of the district and for which
10the district has not exhausted all available and reasonable
11remedies to comply with the limitation. The State
12Superintendent shall have no authority to impose any sanctions
13pursuant to this Section for any expenditures for which a
14waiver has been requested until such waiver has been reviewed
15by the General Assembly.
16    If the report and information required under this
17subsection (d) are not provided by the school district in a
18timely manner, or are subsequently determined by the State
19Superintendent of Education to be incomplete or inaccurate, the
20State Superintendent shall notify the district in writing of
21reporting deficiencies. The school district shall, within 60
22days of the notice, address the reporting deficiencies
23identified.
24    (e) If the State Superintendent determines that a school
25district has failed to comply with the administrative
26expenditure limitation imposed in subsection (c) of this

 

 

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1Section, the State Superintendent shall notify the district of
2the violation and direct the district to undertake corrective
3action to bring the district's budget into compliance with the
4administrative expenditure limitation. The district shall,
5within 60 days of the notice, provide adequate assurance to the
6State Superintendent that appropriate corrective actions have
7been or will be taken. If the district fails to provide
8adequate assurance or fails to undertake the necessary
9corrective actions, the State Superintendent may impose
10progressive sanctions against the district that may culminate
11in withholding all subsequent payments of general State aid due
12the district under Section 18-8.05 of this Code or
13evidence-based funding due the district under Section 18-8.15
14of this Code until the assurance is provided or the corrective
15actions taken.
16    (f) The State Superintendent shall publish a list each year
17of the school districts that violate the limitation imposed by
18subsection (c) of this Section and a list of the districts that
19waive the limitation by board action as provided in subsection
20(c) of this Section.
21(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)
 
22    (105 ILCS 5/17-2.11)  (from Ch. 122, par. 17-2.11)
23    Sec. 17-2.11. School board power to levy a tax or to borrow
24money and issue bonds for fire prevention, safety, energy
25conservation, accessibility, school security, and specified

 

 

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1repair purposes.
2    (a) Whenever, as a result of any lawful order of any
3agency, other than a school board, having authority to enforce
4any school building code applicable to any facility that houses
5students, or any law or regulation for the protection and
6safety of the environment, pursuant to the Environmental
7Protection Act, any school district having a population of less
8than 500,000 inhabitants is required to alter or reconstruct
9any school building or permanent, fixed equipment; the district
10may, by proper resolution, levy a tax for the purpose of making
11such alteration or reconstruction, based on a survey report by
12an architect or engineer licensed in this State, upon all of
13the taxable property of the district at the value as assessed
14by the Department of Revenue and at a rate not to exceed 0.05%
15per year for a period sufficient to finance such alteration or
16reconstruction, upon the following conditions:
17        (1) When there are not sufficient funds available in
18    the operations and maintenance fund of the school district,
19    the school facility occupation tax fund of the district, or
20    the fire prevention and safety fund of the district, as
21    determined by the district on the basis of rules adopted by
22    the State Board of Education, to make such alteration or
23    reconstruction or to purchase and install such permanent,
24    fixed equipment so ordered or determined as necessary.
25    Appropriate school district records must be made available
26    to the State Superintendent of Education, upon request, to

 

 

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1    confirm this insufficiency.
2        (2) When a certified estimate of an architect or
3    engineer licensed in this State stating the estimated
4    amount necessary to make the alteration or reconstruction
5    or to purchase and install the equipment so ordered has
6    been secured by the school district, and the estimate has
7    been approved by the regional superintendent of schools
8    having jurisdiction over the district and the State
9    Superintendent of Education. Approval must not be granted
10    for any work that has already started without the prior
11    express authorization of the State Superintendent of
12    Education. If the estimate is not approved or is denied
13    approval by the regional superintendent of schools within 3
14    months after the date on which it is submitted to him or
15    her, the school board of the district may submit the
16    estimate directly to the State Superintendent of Education
17    for approval or denial.
18    In the case of an emergency situation, where the estimated
19cost to effectuate emergency repairs is less than the amount
20specified in Section 10-20.21 of this Code, the school district
21may proceed with such repairs prior to approval by the State
22Superintendent of Education, but shall comply with the
23provisions of subdivision (2) of this subsection (a) as soon
24thereafter as may be as well as Section 10-20.21 of this Code.
25If the estimated cost to effectuate emergency repairs is
26greater than the amount specified in Section 10-20.21 of this

 

 

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1Code, then the school district shall proceed in conformity with
2Section 10-20.21 of this Code and with rules established by the
3State Board of Education to address such situations. The rules
4adopted by the State Board of Education to deal with these
5situations shall stipulate that emergency situations must be
6expedited and given priority consideration. For purposes of
7this paragraph, an emergency is a situation that presents an
8imminent and continuing threat to the health and safety of
9students or other occupants of a facility, requires complete or
10partial evacuation of a building or part of a building, or
11consumes one or more of the 5 emergency days built into the
12adopted calendar of the school or schools or would otherwise be
13expected to cause such school or schools to fall short of the
14minimum school calendar requirements.
15    (b) Whenever any such district determines that it is
16necessary for energy conservation purposes that any school
17building or permanent, fixed equipment should be altered or
18reconstructed and that such alterations or reconstruction will
19be made with funds not necessary for the completion of approved
20and recommended projects contained in any safety survey report
21or amendments thereto authorized by Section 2-3.12 of this Act;
22the district may levy a tax or issue bonds as provided in
23subsection (a) of this Section.
24    (c) Whenever any such district determines that it is
25necessary for accessibility purposes and to comply with the
26school building code that any school building or equipment

 

 

10000SB0001ham002- 270 -LRB100 06371 MLM 27378 a

1should be altered or reconstructed and that such alterations or
2reconstruction will be made with funds not necessary for the
3completion of approved and recommended projects contained in
4any safety survey report or amendments thereto authorized under
5Section 2-3.12 of this Act, the district may levy a tax or
6issue bonds as provided in subsection (a) of this Section.
7    (d) Whenever any such district determines that it is
8necessary for school security purposes and the related
9protection and safety of pupils and school personnel that any
10school building or property should be altered or reconstructed
11or that security systems and equipment (including but not
12limited to intercom, early detection and warning, access
13control and television monitoring systems) should be purchased
14and installed, and that such alterations, reconstruction or
15purchase and installation of equipment will be made with funds
16not necessary for the completion of approved and recommended
17projects contained in any safety survey report or amendment
18thereto authorized by Section 2-3.12 of this Act and will deter
19and prevent unauthorized entry or activities upon school
20property by unknown or dangerous persons, assure early
21detection and advance warning of any such actual or attempted
22unauthorized entry or activities and help assure the continued
23safety of pupils and school staff if any such unauthorized
24entry or activity is attempted or occurs; the district may levy
25a tax or issue bonds as provided in subsection (a) of this
26Section.

 

 

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1    (e) If a school district does not need funds for other fire
2prevention and safety projects, including the completion of
3approved and recommended projects contained in any safety
4survey report or amendments thereto authorized by Section
52-3.12 of this Act, and it is determined after a public hearing
6(which is preceded by at least one published notice (i)
7occurring at least 7 days prior to the hearing in a newspaper
8of general circulation within the school district and (ii)
9setting forth the time, date, place, and general subject matter
10of the hearing) that there is a substantial, immediate, and
11otherwise unavoidable threat to the health, safety, or welfare
12of pupils due to disrepair of school sidewalks, playgrounds,
13parking lots, or school bus turnarounds and repairs must be
14made; then the district may levy a tax or issue bonds as
15provided in subsection (a) of this Section.
16    (f) For purposes of this Section a school district may
17replace a school building or build additions to replace
18portions of a building when it is determined that the
19effectuation of the recommendations for the existing building
20will cost more than the replacement costs. Such determination
21shall be based on a comparison of estimated costs made by an
22architect or engineer licensed in the State of Illinois. The
23new building or addition shall be equivalent in area (square
24feet) and comparable in purpose and grades served and may be on
25the same site or another site. Such replacement may only be
26done upon order of the regional superintendent of schools and

 

 

10000SB0001ham002- 272 -LRB100 06371 MLM 27378 a

1the approval of the State Superintendent of Education.
2    (g) The filing of a certified copy of the resolution
3levying the tax when accompanied by the certificates of the
4regional superintendent of schools and State Superintendent of
5Education shall be the authority of the county clerk to extend
6such tax.
7    (h) The county clerk of the county in which any school
8district levying a tax under the authority of this Section is
9located, in reducing raised levies, shall not consider any such
10tax as a part of the general levy for school purposes and shall
11not include the same in the limitation of any other tax rate
12which may be extended.
13    Such tax shall be levied and collected in like manner as
14all other taxes of school districts, subject to the provisions
15contained in this Section.
16    (i) The tax rate limit specified in this Section may be
17increased to .10% upon the approval of a proposition to effect
18such increase by a majority of the electors voting on that
19proposition at a regular scheduled election. Such proposition
20may be initiated by resolution of the school board and shall be
21certified by the secretary to the proper election authorities
22for submission in accordance with the general election law.
23    (j) When taxes are levied by any school district for fire
24prevention, safety, energy conservation, and school security
25purposes as specified in this Section, and the purposes for
26which the taxes have been levied are accomplished and paid in

 

 

10000SB0001ham002- 273 -LRB100 06371 MLM 27378 a

1full, and there remain funds on hand in the Fire Prevention and
2Safety Fund from the proceeds of the taxes levied, including
3interest earnings thereon, the school board by resolution shall
4use such excess and other board restricted funds, excluding
5bond proceeds and earnings from such proceeds, as follows:
6        (1) for other authorized fire prevention, safety,
7    energy conservation, required safety inspections, school
8    security purposes, sampling for lead in drinking water in
9    schools, and for repair and mitigation due to lead levels
10    in the drinking water supply; or
11        (2) for transfer to the Operations and Maintenance Fund
12    for the purpose of abating an equal amount of operations
13    and maintenance purposes taxes.
14Notwithstanding subdivision (2) of this subsection (j) and
15subsection (k) of this Section, through June 30, 2020 2019, the
16school board may, by proper resolution following a public
17hearing set by the school board or the president of the school
18board (that is preceded (i) by at least one published notice
19over the name of the clerk or secretary of the board, occurring
20at least 7 days and not more than 30 days prior to the hearing,
21in a newspaper of general circulation within the school
22district and (ii) by posted notice over the name of the clerk
23or secretary of the board, at least 48 hours before the
24hearing, at the principal office of the school board or at the
25building where the hearing is to be held if a principal office
26does not exist, with both notices setting forth the time, date,

 

 

10000SB0001ham002- 274 -LRB100 06371 MLM 27378 a

1place, and subject matter of the hearing), transfer surplus
2life safety taxes and interest earnings thereon to the
3Operations and Maintenance Fund for building repair work.
4    (k) If any transfer is made to the Operation and
5Maintenance Fund, the secretary of the school board shall
6within 30 days notify the county clerk of the amount of that
7transfer and direct the clerk to abate the taxes to be extended
8for the purposes of operations and maintenance authorized under
9Section 17-2 of this Act by an amount equal to such transfer.
10    (l) If the proceeds from the tax levy authorized by this
11Section are insufficient to complete the work approved under
12this Section, the school board is authorized to sell bonds
13without referendum under the provisions of this Section in an
14amount that, when added to the proceeds of the tax levy
15authorized by this Section, will allow completion of the
16approved work.
17    (m) Any bonds issued pursuant to this Section shall bear
18interest at a rate not to exceed the maximum rate authorized by
19law at the time of the making of the contract, shall mature
20within 20 years from date, and shall be signed by the president
21of the school board and the treasurer of the school district.
22    (n) In order to authorize and issue such bonds, the school
23board shall adopt a resolution fixing the amount of bonds, the
24date thereof, the maturities thereof, rates of interest
25thereof, place of payment and denomination, which shall be in
26denominations of not less than $100 and not more than $5,000,

 

 

10000SB0001ham002- 275 -LRB100 06371 MLM 27378 a

1and provide for the levy and collection of a direct annual tax
2upon all the taxable property in the school district sufficient
3to pay the principal and interest on such bonds to maturity.
4Upon the filing in the office of the county clerk of the county
5in which the school district is located of a certified copy of
6the resolution, it is the duty of the county clerk to extend
7the tax therefor in addition to and in excess of all other
8taxes heretofore or hereafter authorized to be levied by such
9school district.
10    (o) After the time such bonds are issued as provided for by
11this Section, if additional alterations or reconstructions are
12required to be made because of surveys conducted by an
13architect or engineer licensed in the State of Illinois, the
14district may levy a tax at a rate not to exceed .05% per year
15upon all the taxable property of the district or issue
16additional bonds, whichever action shall be the most feasible.
17    (p) This Section is cumulative and constitutes complete
18authority for the issuance of bonds as provided in this Section
19notwithstanding any other statute or law to the contrary.
20    (q) With respect to instruments for the payment of money
21issued under this Section either before, on, or after the
22effective date of Public Act 86-004 (June 6, 1989), it is, and
23always has been, the intention of the General Assembly (i) that
24the Omnibus Bond Acts are, and always have been, supplementary
25grants of power to issue instruments in accordance with the
26Omnibus Bond Acts, regardless of any provision of this Act that

 

 

10000SB0001ham002- 276 -LRB100 06371 MLM 27378 a

1may appear to be or to have been more restrictive than those
2Acts, (ii) that the provisions of this Section are not a
3limitation on the supplementary authority granted by the
4Omnibus Bond Acts, and (iii) that instruments issued under this
5Section within the supplementary authority granted by the
6Omnibus Bond Acts are not invalid because of any provision of
7this Act that may appear to be or to have been more restrictive
8than those Acts.
9    (r) When the purposes for which the bonds are issued have
10been accomplished and paid for in full and there remain funds
11on hand from the proceeds of the bond sale and interest
12earnings therefrom, the board shall, by resolution, use such
13excess funds in accordance with the provisions of Section
1410-22.14 of this Act.
15    (s) Whenever any tax is levied or bonds issued for fire
16prevention, safety, energy conservation, and school security
17purposes, such proceeds shall be deposited and accounted for
18separately within the Fire Prevention and Safety Fund.
19(Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14;
2099-143, eff. 7-27-15; 99-713, eff. 8-5-16; 99-922, eff.
211-17-17.)
 
22    (105 ILCS 5/17-2A)  (from Ch. 122, par. 17-2A)
23    Sec. 17-2A. Interfund transfers.
24    (a) The school board of any district having a population of
25less than 500,000 inhabitants may, by proper resolution

 

 

10000SB0001ham002- 277 -LRB100 06371 MLM 27378 a

1following a public hearing set by the school board or the
2president of the school board (that is preceded (i) by at least
3one published notice over the name of the clerk or secretary of
4the board, occurring at least 7 days and not more than 30 days
5prior to the hearing, in a newspaper of general circulation
6within the school district and (ii) by posted notice over the
7name of the clerk or secretary of the board, at least 48 hours
8before the hearing, at the principal office of the school board
9or at the building where the hearing is to be held if a
10principal office does not exist, with both notices setting
11forth the time, date, place, and subject matter of the
12hearing), transfer money from (1) the Educational Fund to the
13Operations and Maintenance Fund or the Transportation Fund, (2)
14the Operations and Maintenance Fund to the Educational Fund or
15the Transportation Fund, (3) the Transportation Fund to the
16Educational Fund or the Operations and Maintenance Fund, or (4)
17the Tort Immunity Fund to the Operations and Maintenance Fund
18of said district, provided that, except during the period from
19July 1, 2003 through June 30, 2020 2019, such transfer is made
20solely for the purpose of meeting one-time, non-recurring
21expenses. Except during the period from July 1, 2003 through
22June 30, 2020 2019 and except as otherwise provided in
23subsection (b) of this Section, any other permanent interfund
24transfers authorized by any provision or judicial
25interpretation of this Code for which the transferee fund is
26not precisely and specifically set forth in the provision of

 

 

10000SB0001ham002- 278 -LRB100 06371 MLM 27378 a

1this Code authorizing such transfer shall be made to the fund
2of the school district most in need of the funds being
3transferred, as determined by resolution of the school board.
4    (b) (Blank).
5    (c) Notwithstanding subsection (a) of this Section or any
6other provision of this Code to the contrary, the school board
7of any school district (i) that is subject to the Property Tax
8Extension Limitation Law, (ii) that is an elementary district
9servicing students in grades K through 8, (iii) whose territory
10is in one county, (iv) that is eligible for Section 7002
11Federal Impact Aid, and (v) that has no more than $81,000 in
12funds remaining from refinancing bonds that were refinanced a
13minimum of 5 years prior to January 20, 2017 (the effective
14date of Public Act 99-926) this amendatory Act of the 99th
15General Assembly may make a one-time transfer of the funds
16remaining from the refinancing bonds to the Operations and
17Maintenance Fund of the district by proper resolution following
18a public hearing set by the school board or the president of
19the school board, with notice as provided in subsection (a) of
20this Section, so long as the district meets the qualifications
21set forth in this subsection (c) on January 20, 2017 (the
22effective date of Public Act 99-926) this amendatory Act of the
2399th General Assembly.
24(Source: P.A. 98-26, eff. 6-21-13; 98-131, eff. 1-1-14; 99-713,
25eff. 8-5-16; 99-922, eff. 1-17-17; 99-926, eff. 1-20-17;
26revised 1-23-17.)
 

 

 

10000SB0001ham002- 279 -LRB100 06371 MLM 27378 a

1    (105 ILCS 5/17-3.6 new)
2    Sec. 17-3.6. Educational purposes tax rate for school
3districts subject to Property Tax Extension Limitation Law.
4Notwithstanding the provisions, requirements, or limitations
5of this Code or any other law, any tax levied for educational
6purposes by a school district subject to the Property Tax
7Extension Limitation Law for the 2016 levy year or any
8subsequent levy year may be extended at a rate exceeding the
9rate established for educational purposes by referendum or this
10Code, provided that the rate does not cause the school district
11to exceed the limiting rate applicable to the school district
12under the Property Tax Extension Limitation Law for that levy
13year.
 
14    (105 ILCS 5/18-4.3)  (from Ch. 122, par. 18-4.3)
15    Sec. 18-4.3. Summer school grants. Through fiscal year
162017, grants Grants shall be determined for pupil attendance in
17summer schools conducted under Sections 10-22.33A and 34-18 and
18approved under Section 2-3.25 in the following manner.
19    The amount of grant for each accredited summer school
20attendance pupil shall be obtained by dividing the total amount
21of apportionments determined under Section 18-8.05 by the
22actual number of pupils in average daily attendance used for
23such apportionments. The number of credited summer school
24attendance pupils shall be determined (a) by counting clock

 

 

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1hours of class instruction by pupils enrolled in grades 1
2through 12 in approved courses conducted at least 60 clock
3hours in summer sessions; (b) by dividing such total of clock
4hours of class instruction by 4 to produce days of credited
5pupil attendance; (c) by dividing such days of credited pupil
6attendance by the actual number of days in the regular term as
7used in computation in the general apportionment in Section
818-8.05; and (d) by multiplying by 1.25.
9    The amount of the grant for a summer school program
10approved by the State Superintendent of Education for children
11with disabilities, as defined in Sections 14-1.02 through
1214-1.07, shall be determined in the manner contained above
13except that average daily membership shall be utilized in lieu
14of average daily attendance.
15    In the case of an apportionment based on summer school
16attendance or membership pupils, the claim therefor shall be
17presented as a separate claim for the particular school year in
18which such summer school session ends. On or before November 1
19of each year the superintendent of each eligible school
20district shall certify to the State Superintendent of Education
21the claim of the district for the summer session just ended.
22Failure on the part of the school board to so certify shall
23constitute a forfeiture of its right to such payment. The State
24Superintendent of Education shall transmit to the Comptroller
25no later than December 15th of each year vouchers for payment
26of amounts due school districts for summer school. The State

 

 

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1Superintendent of Education shall direct the Comptroller to
2draw his warrants for payments thereof by the 30th day of
3December. If the money appropriated by the General Assembly for
4such purpose for any year is insufficient, it shall be
5apportioned on the basis of claims approved.
6    However, notwithstanding the foregoing provisions, for
7each fiscal year the money appropriated by the General Assembly
8for the purposes of this Section shall only be used for grants
9for approved summer school programs for those children with
10disabilities served pursuant to Section 14-7.02 or 14-7.02b of
11this Code.
12    No funding shall be provided to school districts under this
13Section after fiscal year 2017. In fiscal year 2018 and each
14fiscal year thereafter, all funding received by a school
15district from the State pursuant to Section 18–8.15 of this
16Code that is attributable to summer school for special
17education pupils must be used for special education services
18authorized under this Code.
19(Source: P.A. 93-1022, eff. 8-24-04.)
 
20    (105 ILCS 5/18-8.05)
21    Sec. 18-8.05. Basis for apportionment of general State
22financial aid and supplemental general State aid to the common
23schools for the 1998-1999 through the 2016-2017 and subsequent
24school years.
 

 

 

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1(A) General Provisions.
2    (1) The provisions of this Section relating to the
3calculation and apportionment of general State financial aid
4and supplemental general State aid apply to the 1998-1999
5through the 2016-2017 and subsequent school years. The system
6of general State financial aid provided for in this Section is
7designed to assure that, through a combination of State
8financial aid and required local resources, the financial
9support provided each pupil in Average Daily Attendance equals
10or exceeds a prescribed per pupil Foundation Level. This
11formula approach imputes a level of per pupil Available Local
12Resources and provides for the basis to calculate a per pupil
13level of general State financial aid that, when added to
14Available Local Resources, equals or exceeds the Foundation
15Level. The amount of per pupil general State financial aid for
16school districts, in general, varies in inverse relation to
17Available Local Resources. Per pupil amounts are based upon
18each school district's Average Daily Attendance as that term is
19defined in this Section.
20    (2) In addition to general State financial aid, school
21districts with specified levels or concentrations of pupils
22from low income households are eligible to receive supplemental
23general State financial aid grants as provided pursuant to
24subsection (H). The supplemental State aid grants provided for
25school districts under subsection (H) shall be appropriated for
26distribution to school districts as part of the same line item

 

 

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1in which the general State financial aid of school districts is
2appropriated under this Section.
3    (3) To receive financial assistance under this Section,
4school districts are required to file claims with the State
5Board of Education, subject to the following requirements:
6        (a) Any school district which fails for any given
7    school year to maintain school as required by law, or to
8    maintain a recognized school is not eligible to file for
9    such school year any claim upon the Common School Fund. In
10    case of nonrecognition of one or more attendance centers in
11    a school district otherwise operating recognized schools,
12    the claim of the district shall be reduced in the
13    proportion which the Average Daily Attendance in the
14    attendance center or centers bear to the Average Daily
15    Attendance in the school district. A "recognized school"
16    means any public school which meets the standards as
17    established for recognition by the State Board of
18    Education. A school district or attendance center not
19    having recognition status at the end of a school term is
20    entitled to receive State aid payments due upon a legal
21    claim which was filed while it was recognized.
22        (b) School district claims filed under this Section are
23    subject to Sections 18-9 and 18-12, except as otherwise
24    provided in this Section.
25        (c) If a school district operates a full year school
26    under Section 10-19.1, the general State aid to the school

 

 

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1    district shall be determined by the State Board of
2    Education in accordance with this Section as near as may be
3    applicable.
4        (d) (Blank).
5    (4) Except as provided in subsections (H) and (L), the
6board of any district receiving any of the grants provided for
7in this Section may apply those funds to any fund so received
8for which that board is authorized to make expenditures by law.
9    School districts are not required to exert a minimum
10Operating Tax Rate in order to qualify for assistance under
11this Section.
12    (5) As used in this Section the following terms, when
13capitalized, shall have the meaning ascribed herein:
14        (a) "Average Daily Attendance": A count of pupil
15    attendance in school, averaged as provided for in
16    subsection (C) and utilized in deriving per pupil financial
17    support levels.
18        (b) "Available Local Resources": A computation of
19    local financial support, calculated on the basis of Average
20    Daily Attendance and derived as provided pursuant to
21    subsection (D).
22        (c) "Corporate Personal Property Replacement Taxes":
23    Funds paid to local school districts pursuant to "An Act in
24    relation to the abolition of ad valorem personal property
25    tax and the replacement of revenues lost thereby, and
26    amending and repealing certain Acts and parts of Acts in

 

 

10000SB0001ham002- 285 -LRB100 06371 MLM 27378 a

1    connection therewith", certified August 14, 1979, as
2    amended (Public Act 81-1st S.S.-1).
3        (d) "Foundation Level": A prescribed level of per pupil
4    financial support as provided for in subsection (B).
5        (e) "Operating Tax Rate": All school district property
6    taxes extended for all purposes, except Bond and Interest,
7    Summer School, Rent, Capital Improvement, and Vocational
8    Education Building purposes.
 
9(B) Foundation Level.
10    (1) The Foundation Level is a figure established by the
11State representing the minimum level of per pupil financial
12support that should be available to provide for the basic
13education of each pupil in Average Daily Attendance. As set
14forth in this Section, each school district is assumed to exert
15a sufficient local taxing effort such that, in combination with
16the aggregate of general State financial aid provided the
17district, an aggregate of State and local resources are
18available to meet the basic education needs of pupils in the
19district.
20    (2) For the 1998-1999 school year, the Foundation Level of
21support is $4,225. For the 1999-2000 school year, the
22Foundation Level of support is $4,325. For the 2000-2001 school
23year, the Foundation Level of support is $4,425. For the
242001-2002 school year and 2002-2003 school year, the Foundation
25Level of support is $4,560. For the 2003-2004 school year, the

 

 

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1Foundation Level of support is $4,810. For the 2004-2005 school
2year, the Foundation Level of support is $4,964. For the
32005-2006 school year, the Foundation Level of support is
4$5,164. For the 2006-2007 school year, the Foundation Level of
5support is $5,334. For the 2007-2008 school year, the
6Foundation Level of support is $5,734. For the 2008-2009 school
7year, the Foundation Level of support is $5,959.
8    (3) For the 2009-2010 school year and each school year
9thereafter, the Foundation Level of support is $6,119 or such
10greater amount as may be established by law by the General
11Assembly.
 
12(C) Average Daily Attendance.
13    (1) For purposes of calculating general State aid pursuant
14to subsection (E), an Average Daily Attendance figure shall be
15utilized. The Average Daily Attendance figure for formula
16calculation purposes shall be the monthly average of the actual
17number of pupils in attendance of each school district, as
18further averaged for the best 3 months of pupil attendance for
19each school district. In compiling the figures for the number
20of pupils in attendance, school districts and the State Board
21of Education shall, for purposes of general State aid funding,
22conform attendance figures to the requirements of subsection
23(F).
24    (2) The Average Daily Attendance figures utilized in
25subsection (E) shall be the requisite attendance data for the

 

 

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1school year immediately preceding the school year for which
2general State aid is being calculated or the average of the
3attendance data for the 3 preceding school years, whichever is
4greater. The Average Daily Attendance figures utilized in
5subsection (H) shall be the requisite attendance data for the
6school year immediately preceding the school year for which
7general State aid is being calculated.
 
8(D) Available Local Resources.
9    (1) For purposes of calculating general State aid pursuant
10to subsection (E), a representation of Available Local
11Resources per pupil, as that term is defined and determined in
12this subsection, shall be utilized. Available Local Resources
13per pupil shall include a calculated dollar amount representing
14local school district revenues from local property taxes and
15from Corporate Personal Property Replacement Taxes, expressed
16on the basis of pupils in Average Daily Attendance. Calculation
17of Available Local Resources shall exclude any tax amnesty
18funds received as a result of Public Act 93-26.
19    (2) In determining a school district's revenue from local
20property taxes, the State Board of Education shall utilize the
21equalized assessed valuation of all taxable property of each
22school district as of September 30 of the previous year. The
23equalized assessed valuation utilized shall be obtained and
24determined as provided in subsection (G).
25    (3) For school districts maintaining grades kindergarten

 

 

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1through 12, local property tax revenues per pupil shall be
2calculated as the product of the applicable equalized assessed
3valuation for the district multiplied by 3.00%, and divided by
4the district's Average Daily Attendance figure. For school
5districts maintaining grades kindergarten through 8, local
6property tax revenues per pupil shall be calculated as the
7product of the applicable equalized assessed valuation for the
8district multiplied by 2.30%, and divided by the district's
9Average Daily Attendance figure. For school districts
10maintaining grades 9 through 12, local property tax revenues
11per pupil shall be the applicable equalized assessed valuation
12of the district multiplied by 1.05%, and divided by the
13district's Average Daily Attendance figure.
14    For partial elementary unit districts created pursuant to
15Article 11E of this Code, local property tax revenues per pupil
16shall be calculated as the product of the equalized assessed
17valuation for property within the partial elementary unit
18district for elementary purposes, as defined in Article 11E of
19this Code, multiplied by 2.06% and divided by the district's
20Average Daily Attendance figure, plus the product of the
21equalized assessed valuation for property within the partial
22elementary unit district for high school purposes, as defined
23in Article 11E of this Code, multiplied by 0.94% and divided by
24the district's Average Daily Attendance figure.
25    (4) The Corporate Personal Property Replacement Taxes paid
26to each school district during the calendar year one year

 

 

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1before the calendar year in which a school year begins, divided
2by the Average Daily Attendance figure for that district, shall
3be added to the local property tax revenues per pupil as
4derived by the application of the immediately preceding
5paragraph (3). The sum of these per pupil figures for each
6school district shall constitute Available Local Resources as
7that term is utilized in subsection (E) in the calculation of
8general State aid.
 
9(E) Computation of General State Aid.
10    (1) For each school year, the amount of general State aid
11allotted to a school district shall be computed by the State
12Board of Education as provided in this subsection.
13    (2) For any school district for which Available Local
14Resources per pupil is less than the product of 0.93 times the
15Foundation Level, general State aid for that district shall be
16calculated as an amount equal to the Foundation Level minus
17Available Local Resources, multiplied by the Average Daily
18Attendance of the school district.
19    (3) For any school district for which Available Local
20Resources per pupil is equal to or greater than the product of
210.93 times the Foundation Level and less than the product of
221.75 times the Foundation Level, the general State aid per
23pupil shall be a decimal proportion of the Foundation Level
24derived using a linear algorithm. Under this linear algorithm,
25the calculated general State aid per pupil shall decline in

 

 

10000SB0001ham002- 290 -LRB100 06371 MLM 27378 a

1direct linear fashion from 0.07 times the Foundation Level for
2a school district with Available Local Resources equal to the
3product of 0.93 times the Foundation Level, to 0.05 times the
4Foundation Level for a school district with Available Local
5Resources equal to the product of 1.75 times the Foundation
6Level. The allocation of general State aid for school districts
7subject to this paragraph 3 shall be the calculated general
8State aid per pupil figure multiplied by the Average Daily
9Attendance of the school district.
10    (4) For any school district for which Available Local
11Resources per pupil equals or exceeds the product of 1.75 times
12the Foundation Level, the general State aid for the school
13district shall be calculated as the product of $218 multiplied
14by the Average Daily Attendance of the school district.
15    (5) The amount of general State aid allocated to a school
16district for the 1999-2000 school year meeting the requirements
17set forth in paragraph (4) of subsection (G) shall be increased
18by an amount equal to the general State aid that would have
19been received by the district for the 1998-1999 school year by
20utilizing the Extension Limitation Equalized Assessed
21Valuation as calculated in paragraph (4) of subsection (G) less
22the general State aid allotted for the 1998-1999 school year.
23This amount shall be deemed a one time increase, and shall not
24affect any future general State aid allocations.
 
25(F) Compilation of Average Daily Attendance.

 

 

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1    (1) Each school district shall, by July 1 of each year,
2submit to the State Board of Education, on forms prescribed by
3the State Board of Education, attendance figures for the school
4year that began in the preceding calendar year. The attendance
5information so transmitted shall identify the average daily
6attendance figures for each month of the school year. Beginning
7with the general State aid claim form for the 2002-2003 school
8year, districts shall calculate Average Daily Attendance as
9provided in subdivisions (a), (b), and (c) of this paragraph
10(1).
11        (a) In districts that do not hold year-round classes,
12    days of attendance in August shall be added to the month of
13    September and any days of attendance in June shall be added
14    to the month of May.
15        (b) In districts in which all buildings hold year-round
16    classes, days of attendance in July and August shall be
17    added to the month of September and any days of attendance
18    in June shall be added to the month of May.
19        (c) In districts in which some buildings, but not all,
20    hold year-round classes, for the non-year-round buildings,
21    days of attendance in August shall be added to the month of
22    September and any days of attendance in June shall be added
23    to the month of May. The average daily attendance for the
24    year-round buildings shall be computed as provided in
25    subdivision (b) of this paragraph (1). To calculate the
26    Average Daily Attendance for the district, the average

 

 

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1    daily attendance for the year-round buildings shall be
2    multiplied by the days in session for the non-year-round
3    buildings for each month and added to the monthly
4    attendance of the non-year-round buildings.
5    Except as otherwise provided in this Section, days of
6attendance by pupils shall be counted only for sessions of not
7less than 5 clock hours of school work per day under direct
8supervision of: (i) teachers, or (ii) non-teaching personnel or
9volunteer personnel when engaging in non-teaching duties and
10supervising in those instances specified in subsection (a) of
11Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
12of legal school age and in kindergarten and grades 1 through
1312. Days of attendance by pupils through verified participation
14in an e-learning program approved by the State Board of
15Education under Section 10-20.56 of the Code shall be
16considered as full days of attendance for purposes of this
17Section.
18    Days of attendance by tuition pupils shall be accredited
19only to the districts that pay the tuition to a recognized
20school.
21    (2) Days of attendance by pupils of less than 5 clock hours
22of school shall be subject to the following provisions in the
23compilation of Average Daily Attendance.
24        (a) Pupils regularly enrolled in a public school for
25    only a part of the school day may be counted on the basis
26    of 1/6 day for every class hour of instruction of 40

 

 

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1    minutes or more attended pursuant to such enrollment,
2    unless a pupil is enrolled in a block-schedule format of 80
3    minutes or more of instruction, in which case the pupil may
4    be counted on the basis of the proportion of minutes of
5    school work completed each day to the minimum number of
6    minutes that school work is required to be held that day.
7        (b) (Blank).
8        (c) A session of 4 or more clock hours may be counted
9    as a day of attendance upon certification by the regional
10    superintendent, and approved by the State Superintendent
11    of Education to the extent that the district has been
12    forced to use daily multiple sessions.
13        (d) A session of 3 or more clock hours may be counted
14    as a day of attendance (1) when the remainder of the school
15    day or at least 2 hours in the evening of that day is
16    utilized for an in-service training program for teachers,
17    up to a maximum of 5 days per school year, provided a
18    district conducts an in-service training program for
19    teachers in accordance with Section 10-22.39 of this Code;
20    or, in lieu of 4 such days, 2 full days may be used, in
21    which event each such day may be counted as a day required
22    for a legal school calendar pursuant to Section 10-19 of
23    this Code; (1.5) when, of the 5 days allowed under item
24    (1), a maximum of 4 days are used for parent-teacher
25    conferences, or, in lieu of 4 such days, 2 full days are
26    used, in which case each such day may be counted as a

 

 

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1    calendar day required under Section 10-19 of this Code,
2    provided that the full-day, parent-teacher conference
3    consists of (i) a minimum of 5 clock hours of
4    parent-teacher conferences, (ii) both a minimum of 2 clock
5    hours of parent-teacher conferences held in the evening
6    following a full day of student attendance, as specified in
7    subsection (F)(1)(c), and a minimum of 3 clock hours of
8    parent-teacher conferences held on the day immediately
9    following evening parent-teacher conferences, or (iii)
10    multiple parent-teacher conferences held in the evenings
11    following full days of student attendance, as specified in
12    subsection (F)(1)(c), in which the time used for the
13    parent-teacher conferences is equivalent to a minimum of 5
14    clock hours; and (2) when days in addition to those
15    provided in items (1) and (1.5) are scheduled by a school
16    pursuant to its school improvement plan adopted under
17    Article 34 or its revised or amended school improvement
18    plan adopted under Article 2, provided that (i) such
19    sessions of 3 or more clock hours are scheduled to occur at
20    regular intervals, (ii) the remainder of the school days in
21    which such sessions occur are utilized for in-service
22    training programs or other staff development activities
23    for teachers, and (iii) a sufficient number of minutes of
24    school work under the direct supervision of teachers are
25    added to the school days between such regularly scheduled
26    sessions to accumulate not less than the number of minutes

 

 

10000SB0001ham002- 295 -LRB100 06371 MLM 27378 a

1    by which such sessions of 3 or more clock hours fall short
2    of 5 clock hours. Any full days used for the purposes of
3    this paragraph shall not be considered for computing
4    average daily attendance. Days scheduled for in-service
5    training programs, staff development activities, or
6    parent-teacher conferences may be scheduled separately for
7    different grade levels and different attendance centers of
8    the district.
9        (e) A session of not less than one clock hour of
10    teaching hospitalized or homebound pupils on-site or by
11    telephone to the classroom may be counted as 1/2 day of
12    attendance, however these pupils must receive 4 or more
13    clock hours of instruction to be counted for a full day of
14    attendance.
15        (f) A session of at least 4 clock hours may be counted
16    as a day of attendance for first grade pupils, and pupils
17    in full day kindergartens, and a session of 2 or more hours
18    may be counted as 1/2 day of attendance by pupils in
19    kindergartens which provide only 1/2 day of attendance.
20        (g) For children with disabilities who are below the
21    age of 6 years and who cannot attend 2 or more clock hours
22    because of their disability or immaturity, a session of not
23    less than one clock hour may be counted as 1/2 day of
24    attendance; however for such children whose educational
25    needs so require a session of 4 or more clock hours may be
26    counted as a full day of attendance.

 

 

10000SB0001ham002- 296 -LRB100 06371 MLM 27378 a

1        (h) A recognized kindergarten which provides for only
2    1/2 day of attendance by each pupil shall not have more
3    than 1/2 day of attendance counted in any one day. However,
4    kindergartens may count 2 1/2 days of attendance in any 5
5    consecutive school days. When a pupil attends such a
6    kindergarten for 2 half days on any one school day, the
7    pupil shall have the following day as a day absent from
8    school, unless the school district obtains permission in
9    writing from the State Superintendent of Education.
10    Attendance at kindergartens which provide for a full day of
11    attendance by each pupil shall be counted the same as
12    attendance by first grade pupils. Only the first year of
13    attendance in one kindergarten shall be counted, except in
14    case of children who entered the kindergarten in their
15    fifth year whose educational development requires a second
16    year of kindergarten as determined under the rules and
17    regulations of the State Board of Education.
18        (i) On the days when the assessment that includes a
19    college and career ready determination is administered
20    under subsection (c) of Section 2-3.64a-5 of this Code, the
21    day of attendance for a pupil whose school day must be
22    shortened to accommodate required testing procedures may
23    be less than 5 clock hours and shall be counted towards the
24    176 days of actual pupil attendance required under Section
25    10-19 of this Code, provided that a sufficient number of
26    minutes of school work in excess of 5 clock hours are first

 

 

10000SB0001ham002- 297 -LRB100 06371 MLM 27378 a

1    completed on other school days to compensate for the loss
2    of school work on the examination days.
3        (j) Pupils enrolled in a remote educational program
4    established under Section 10-29 of this Code may be counted
5    on the basis of one-fifth day of attendance for every clock
6    hour of instruction attended in the remote educational
7    program, provided that, in any month, the school district
8    may not claim for a student enrolled in a remote
9    educational program more days of attendance than the
10    maximum number of days of attendance the district can claim
11    (i) for students enrolled in a building holding year-round
12    classes if the student is classified as participating in
13    the remote educational program on a year-round schedule or
14    (ii) for students enrolled in a building not holding
15    year-round classes if the student is not classified as
16    participating in the remote educational program on a
17    year-round schedule.
 
18(G) Equalized Assessed Valuation Data.
19    (1) For purposes of the calculation of Available Local
20Resources required pursuant to subsection (D), the State Board
21of Education shall secure from the Department of Revenue the
22value as equalized or assessed by the Department of Revenue of
23all taxable property of every school district, together with
24(i) the applicable tax rate used in extending taxes for the
25funds of the district as of September 30 of the previous year

 

 

10000SB0001ham002- 298 -LRB100 06371 MLM 27378 a

1and (ii) the limiting rate for all school districts subject to
2property tax extension limitations as imposed under the
3Property Tax Extension Limitation Law.
4    The Department of Revenue shall add to the equalized
5assessed value of all taxable property of each school district
6situated entirely or partially within a county that is or was
7subject to the provisions of Section 15-176 or 15-177 of the
8Property Tax Code (a) an amount equal to the total amount by
9which the homestead exemption allowed under Section 15-176 or
1015-177 of the Property Tax Code for real property situated in
11that school district exceeds the total amount that would have
12been allowed in that school district if the maximum reduction
13under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
14all other counties in tax year 2003 or (ii) $5,000 in all
15counties in tax year 2004 and thereafter and (b) an amount
16equal to the aggregate amount for the taxable year of all
17additional exemptions under Section 15-175 of the Property Tax
18Code for owners with a household income of $30,000 or less. The
19county clerk of any county that is or was subject to the
20provisions of Section 15-176 or 15-177 of the Property Tax Code
21shall annually calculate and certify to the Department of
22Revenue for each school district all homestead exemption
23amounts under Section 15-176 or 15-177 of the Property Tax Code
24and all amounts of additional exemptions under Section 15-175
25of the Property Tax Code for owners with a household income of
26$30,000 or less. It is the intent of this paragraph that if the

 

 

10000SB0001ham002- 299 -LRB100 06371 MLM 27378 a

1general homestead exemption for a parcel of property is
2determined under Section 15-176 or 15-177 of the Property Tax
3Code rather than Section 15-175, then the calculation of
4Available Local Resources shall not be affected by the
5difference, if any, between the amount of the general homestead
6exemption allowed for that parcel of property under Section
715-176 or 15-177 of the Property Tax Code and the amount that
8would have been allowed had the general homestead exemption for
9that parcel of property been determined under Section 15-175 of
10the Property Tax Code. It is further the intent of this
11paragraph that if additional exemptions are allowed under
12Section 15-175 of the Property Tax Code for owners with a
13household income of less than $30,000, then the calculation of
14Available Local Resources shall not be affected by the
15difference, if any, because of those additional exemptions.
16    This equalized assessed valuation, as adjusted further by
17the requirements of this subsection, shall be utilized in the
18calculation of Available Local Resources.
19    (2) The equalized assessed valuation in paragraph (1) shall
20be adjusted, as applicable, in the following manner:
21        (a) For the purposes of calculating State aid under
22    this Section, with respect to any part of a school district
23    within a redevelopment project area in respect to which a
24    municipality has adopted tax increment allocation
25    financing pursuant to the Tax Increment Allocation
26    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11

 

 

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1    of the Illinois Municipal Code or the Industrial Jobs
2    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
3    Illinois Municipal Code, no part of the current equalized
4    assessed valuation of real property located in any such
5    project area which is attributable to an increase above the
6    total initial equalized assessed valuation of such
7    property shall be used as part of the equalized assessed
8    valuation of the district, until such time as all
9    redevelopment project costs have been paid, as provided in
10    Section 11-74.4-8 of the Tax Increment Allocation
11    Redevelopment Act or in Section 11-74.6-35 of the
12    Industrial Jobs Recovery Law. For the purpose of the
13    equalized assessed valuation of the district, the total
14    initial equalized assessed valuation or the current
15    equalized assessed valuation, whichever is lower, shall be
16    used until such time as all redevelopment project costs
17    have been paid.
18        (b) The real property equalized assessed valuation for
19    a school district shall be adjusted by subtracting from the
20    real property value as equalized or assessed by the
21    Department of Revenue for the district an amount computed
22    by dividing the amount of any abatement of taxes under
23    Section 18-170 of the Property Tax Code by 3.00% for a
24    district maintaining grades kindergarten through 12, by
25    2.30% for a district maintaining grades kindergarten
26    through 8, or by 1.05% for a district maintaining grades 9

 

 

10000SB0001ham002- 301 -LRB100 06371 MLM 27378 a

1    through 12 and adjusted by an amount computed by dividing
2    the amount of any abatement of taxes under subsection (a)
3    of Section 18-165 of the Property Tax Code by the same
4    percentage rates for district type as specified in this
5    subparagraph (b).
6    (3) For the 1999-2000 school year and each school year
7thereafter, if a school district meets all of the criteria of
8this subsection (G)(3), the school district's Available Local
9Resources shall be calculated under subsection (D) using the
10district's Extension Limitation Equalized Assessed Valuation
11as calculated under this subsection (G)(3).
12    For purposes of this subsection (G)(3) the following terms
13shall have the following meanings:
14        "Budget Year": The school year for which general State
15    aid is calculated and awarded under subsection (E).
16        "Base Tax Year": The property tax levy year used to
17    calculate the Budget Year allocation of general State aid.
18        "Preceding Tax Year": The property tax levy year
19    immediately preceding the Base Tax Year.
20        "Base Tax Year's Tax Extension": The product of the
21    equalized assessed valuation utilized by the County Clerk
22    in the Base Tax Year multiplied by the limiting rate as
23    calculated by the County Clerk and defined in the Property
24    Tax Extension Limitation Law.
25        "Preceding Tax Year's Tax Extension": The product of
26    the equalized assessed valuation utilized by the County

 

 

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1    Clerk in the Preceding Tax Year multiplied by the Operating
2    Tax Rate as defined in subsection (A).
3        "Extension Limitation Ratio": A numerical ratio,
4    certified by the County Clerk, in which the numerator is
5    the Base Tax Year's Tax Extension and the denominator is
6    the Preceding Tax Year's Tax Extension.
7        "Operating Tax Rate": The operating tax rate as defined
8    in subsection (A).
9    If a school district is subject to property tax extension
10limitations as imposed under the Property Tax Extension
11Limitation Law, the State Board of Education shall calculate
12the Extension Limitation Equalized Assessed Valuation of that
13district. For the 1999-2000 school year, the Extension
14Limitation Equalized Assessed Valuation of a school district as
15calculated by the State Board of Education shall be equal to
16the product of the district's 1996 Equalized Assessed Valuation
17and the district's Extension Limitation Ratio. Except as
18otherwise provided in this paragraph for a school district that
19has approved or does approve an increase in its limiting rate,
20for the 2000-2001 school year and each school year thereafter,
21the Extension Limitation Equalized Assessed Valuation of a
22school district as calculated by the State Board of Education
23shall be equal to the product of the Equalized Assessed
24Valuation last used in the calculation of general State aid and
25the district's Extension Limitation Ratio. If the Extension
26Limitation Equalized Assessed Valuation of a school district as

 

 

10000SB0001ham002- 303 -LRB100 06371 MLM 27378 a

1calculated under this subsection (G)(3) is less than the
2district's equalized assessed valuation as calculated pursuant
3to subsections (G)(1) and (G)(2), then for purposes of
4calculating the district's general State aid for the Budget
5Year pursuant to subsection (E), that Extension Limitation
6Equalized Assessed Valuation shall be utilized to calculate the
7district's Available Local Resources under subsection (D). For
8the 2009-2010 school year and each school year thereafter, if a
9school district has approved or does approve an increase in its
10limiting rate, pursuant to Section 18-190 of the Property Tax
11Code, affecting the Base Tax Year, the Extension Limitation
12Equalized Assessed Valuation of the school district, as
13calculated by the State Board of Education, shall be equal to
14the product of the Equalized Assessed Valuation last used in
15the calculation of general State aid times an amount equal to
16one plus the percentage increase, if any, in the Consumer Price
17Index for all Urban Consumers for all items published by the
18United States Department of Labor for the 12-month calendar
19year preceding the Base Tax Year, plus the Equalized Assessed
20Valuation of new property, annexed property, and recovered tax
21increment value and minus the Equalized Assessed Valuation of
22disconnected property. New property and recovered tax
23increment value shall have the meanings set forth in the
24Property Tax Extension Limitation Law.
25    Partial elementary unit districts created in accordance
26with Article 11E of this Code shall not be eligible for the

 

 

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1adjustment in this subsection (G)(3) until the fifth year
2following the effective date of the reorganization.
3    (3.5) For the 2010-2011 school year and each school year
4thereafter, if a school district's boundaries span multiple
5counties, then the Department of Revenue shall send to the
6State Board of Education, for the purpose of calculating
7general State aid, the limiting rate and individual rates by
8purpose for the county that contains the majority of the school
9district's Equalized Assessed Valuation.
10    (4) For the purposes of calculating general State aid for
11the 1999-2000 school year only, if a school district
12experienced a triennial reassessment on the equalized assessed
13valuation used in calculating its general State financial aid
14apportionment for the 1998-1999 school year, the State Board of
15Education shall calculate the Extension Limitation Equalized
16Assessed Valuation that would have been used to calculate the
17district's 1998-1999 general State aid. This amount shall equal
18the product of the equalized assessed valuation used to
19calculate general State aid for the 1997-1998 school year and
20the district's Extension Limitation Ratio. If the Extension
21Limitation Equalized Assessed Valuation of the school district
22as calculated under this paragraph (4) is less than the
23district's equalized assessed valuation utilized in
24calculating the district's 1998-1999 general State aid
25allocation, then for purposes of calculating the district's
26general State aid pursuant to paragraph (5) of subsection (E),

 

 

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1that Extension Limitation Equalized Assessed Valuation shall
2be utilized to calculate the district's Available Local
3Resources.
4    (5) For school districts having a majority of their
5equalized assessed valuation in any county except Cook, DuPage,
6Kane, Lake, McHenry, or Will, if the amount of general State
7aid allocated to the school district for the 1999-2000 school
8year under the provisions of subsection (E), (H), and (J) of
9this Section is less than the amount of general State aid
10allocated to the district for the 1998-1999 school year under
11these subsections, then the general State aid of the district
12for the 1999-2000 school year only shall be increased by the
13difference between these amounts. The total payments made under
14this paragraph (5) shall not exceed $14,000,000. Claims shall
15be prorated if they exceed $14,000,000.
 
16(H) Supplemental General State Aid.
17    (1) In addition to the general State aid a school district
18is allotted pursuant to subsection (E), qualifying school
19districts shall receive a grant, paid in conjunction with a
20district's payments of general State aid, for supplemental
21general State aid based upon the concentration level of
22children from low-income households within the school
23district. Supplemental State aid grants provided for school
24districts under this subsection shall be appropriated for
25distribution to school districts as part of the same line item

 

 

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1in which the general State financial aid of school districts is
2appropriated under this Section.
3    (1.5) This paragraph (1.5) applies only to those school
4years preceding the 2003-2004 school year. For purposes of this
5subsection (H), the term "Low-Income Concentration Level"
6shall be the low-income eligible pupil count from the most
7recently available federal census divided by the Average Daily
8Attendance of the school district. If, however, (i) the
9percentage decrease from the 2 most recent federal censuses in
10the low-income eligible pupil count of a high school district
11with fewer than 400 students exceeds by 75% or more the
12percentage change in the total low-income eligible pupil count
13of contiguous elementary school districts, whose boundaries
14are coterminous with the high school district, or (ii) a high
15school district within 2 counties and serving 5 elementary
16school districts, whose boundaries are coterminous with the
17high school district, has a percentage decrease from the 2 most
18recent federal censuses in the low-income eligible pupil count
19and there is a percentage increase in the total low-income
20eligible pupil count of a majority of the elementary school
21districts in excess of 50% from the 2 most recent federal
22censuses, then the high school district's low-income eligible
23pupil count from the earlier federal census shall be the number
24used as the low-income eligible pupil count for the high school
25district, for purposes of this subsection (H). The changes made
26to this paragraph (1) by Public Act 92-28 shall apply to

 

 

10000SB0001ham002- 307 -LRB100 06371 MLM 27378 a

1supplemental general State aid grants for school years
2preceding the 2003-2004 school year that are paid in fiscal
3year 1999 or thereafter and to any State aid payments made in
4fiscal year 1994 through fiscal year 1998 pursuant to
5subsection 1(n) of Section 18-8 of this Code (which was
6repealed on July 1, 1998), and any high school district that is
7affected by Public Act 92-28 is entitled to a recomputation of
8its supplemental general State aid grant or State aid paid in
9any of those fiscal years. This recomputation shall not be
10affected by any other funding.
11    (1.10) This paragraph (1.10) applies to the 2003-2004
12school year and each school year thereafter through the
132016-2017 school year. For purposes of this subsection (H), the
14term "Low-Income Concentration Level" shall, for each fiscal
15year, be the low-income eligible pupil count as of July 1 of
16the immediately preceding fiscal year (as determined by the
17Department of Human Services based on the number of pupils who
18are eligible for at least one of the following low income
19programs: Medicaid, the Children's Health Insurance Program,
20TANF, or Food Stamps, excluding pupils who are eligible for
21services provided by the Department of Children and Family
22Services, averaged over the 2 immediately preceding fiscal
23years for fiscal year 2004 and over the 3 immediately preceding
24fiscal years for each fiscal year thereafter) divided by the
25Average Daily Attendance of the school district.
26    (2) Supplemental general State aid pursuant to this

 

 

10000SB0001ham002- 308 -LRB100 06371 MLM 27378 a

1subsection (H) shall be provided as follows for the 1998-1999,
21999-2000, and 2000-2001 school years only:
3        (a) For any school district with a Low Income
4    Concentration Level of at least 20% and less than 35%, the
5    grant for any school year shall be $800 multiplied by the
6    low income eligible pupil count.
7        (b) For any school district with a Low Income
8    Concentration Level of at least 35% and less than 50%, the
9    grant for the 1998-1999 school year shall be $1,100
10    multiplied by the low income eligible pupil count.
11        (c) For any school district with a Low Income
12    Concentration Level of at least 50% and less than 60%, the
13    grant for the 1998-99 school year shall be $1,500
14    multiplied by the low income eligible pupil count.
15        (d) For any school district with a Low Income
16    Concentration Level of 60% or more, the grant for the
17    1998-99 school year shall be $1,900 multiplied by the low
18    income eligible pupil count.
19        (e) For the 1999-2000 school year, the per pupil amount
20    specified in subparagraphs (b), (c), and (d) immediately
21    above shall be increased to $1,243, $1,600, and $2,000,
22    respectively.
23        (f) For the 2000-2001 school year, the per pupil
24    amounts specified in subparagraphs (b), (c), and (d)
25    immediately above shall be $1,273, $1,640, and $2,050,
26    respectively.

 

 

10000SB0001ham002- 309 -LRB100 06371 MLM 27378 a

1    (2.5) Supplemental general State aid pursuant to this
2subsection (H) shall be provided as follows for the 2002-2003
3school year:
4        (a) For any school district with a Low Income
5    Concentration Level of less than 10%, the grant for each
6    school year shall be $355 multiplied by the low income
7    eligible pupil count.
8        (b) For any school district with a Low Income
9    Concentration Level of at least 10% and less than 20%, the
10    grant for each school year shall be $675 multiplied by the
11    low income eligible pupil count.
12        (c) For any school district with a Low Income
13    Concentration Level of at least 20% and less than 35%, the
14    grant for each school year shall be $1,330 multiplied by
15    the low income eligible pupil count.
16        (d) For any school district with a Low Income
17    Concentration Level of at least 35% and less than 50%, the
18    grant for each school year shall be $1,362 multiplied by
19    the low income eligible pupil count.
20        (e) For any school district with a Low Income
21    Concentration Level of at least 50% and less than 60%, the
22    grant for each school year shall be $1,680 multiplied by
23    the low income eligible pupil count.
24        (f) For any school district with a Low Income
25    Concentration Level of 60% or more, the grant for each
26    school year shall be $2,080 multiplied by the low income

 

 

10000SB0001ham002- 310 -LRB100 06371 MLM 27378 a

1    eligible pupil count.
2    (2.10) Except as otherwise provided, supplemental general
3State aid pursuant to this subsection (H) shall be provided as
4follows for the 2003-2004 school year and each school year
5thereafter:
6        (a) For any school district with a Low Income
7    Concentration Level of 15% or less, the grant for each
8    school year shall be $355 multiplied by the low income
9    eligible pupil count.
10        (b) For any school district with a Low Income
11    Concentration Level greater than 15%, the grant for each
12    school year shall be $294.25 added to the product of $2,700
13    and the square of the Low Income Concentration Level, all
14    multiplied by the low income eligible pupil count.
15    For the 2003-2004 school year and each school year
16thereafter through the 2008-2009 school year only, the grant
17shall be no less than the grant for the 2002-2003 school year.
18For the 2009-2010 school year only, the grant shall be no less
19than the grant for the 2002-2003 school year multiplied by
200.66. For the 2010-2011 school year only, the grant shall be no
21less than the grant for the 2002-2003 school year multiplied by
220.33. Notwithstanding the provisions of this paragraph to the
23contrary, if for any school year supplemental general State aid
24grants are prorated as provided in paragraph (1) of this
25subsection (H), then the grants under this paragraph shall be
26prorated.

 

 

10000SB0001ham002- 311 -LRB100 06371 MLM 27378 a

1    For the 2003-2004 school year only, the grant shall be no
2greater than the grant received during the 2002-2003 school
3year added to the product of 0.25 multiplied by the difference
4between the grant amount calculated under subsection (a) or (b)
5of this paragraph (2.10), whichever is applicable, and the
6grant received during the 2002-2003 school year. For the
72004-2005 school year only, the grant shall be no greater than
8the grant received during the 2002-2003 school year added to
9the product of 0.50 multiplied by the difference between the
10grant amount calculated under subsection (a) or (b) of this
11paragraph (2.10), whichever is applicable, and the grant
12received during the 2002-2003 school year. For the 2005-2006
13school year only, the grant shall be no greater than the grant
14received during the 2002-2003 school year added to the product
15of 0.75 multiplied by the difference between the grant amount
16calculated under subsection (a) or (b) of this paragraph
17(2.10), whichever is applicable, and the grant received during
18the 2002-2003 school year.
19    (3) School districts with an Average Daily Attendance of
20more than 1,000 and less than 50,000 that qualify for
21supplemental general State aid pursuant to this subsection
22shall submit a plan to the State Board of Education prior to
23October 30 of each year for the use of the funds resulting from
24this grant of supplemental general State aid for the
25improvement of instruction in which priority is given to
26meeting the education needs of disadvantaged children. Such

 

 

10000SB0001ham002- 312 -LRB100 06371 MLM 27378 a

1plan shall be submitted in accordance with rules and
2regulations promulgated by the State Board of Education.
3    (4) School districts with an Average Daily Attendance of
450,000 or more that qualify for supplemental general State aid
5pursuant to this subsection shall be required to distribute
6from funds available pursuant to this Section, no less than
7$261,000,000 in accordance with the following requirements:
8        (a) The required amounts shall be distributed to the
9    attendance centers within the district in proportion to the
10    number of pupils enrolled at each attendance center who are
11    eligible to receive free or reduced-price lunches or
12    breakfasts under the federal Child Nutrition Act of 1966
13    and under the National School Lunch Act during the
14    immediately preceding school year.
15        (b) The distribution of these portions of supplemental
16    and general State aid among attendance centers according to
17    these requirements shall not be compensated for or
18    contravened by adjustments of the total of other funds
19    appropriated to any attendance centers, and the Board of
20    Education shall utilize funding from one or several sources
21    in order to fully implement this provision annually prior
22    to the opening of school.
23        (c) Each attendance center shall be provided by the
24    school district a distribution of noncategorical funds and
25    other categorical funds to which an attendance center is
26    entitled under law in order that the general State aid and

 

 

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1    supplemental general State aid provided by application of
2    this subsection supplements rather than supplants the
3    noncategorical funds and other categorical funds provided
4    by the school district to the attendance centers.
5        (d) Any funds made available under this subsection that
6    by reason of the provisions of this subsection are not
7    required to be allocated and provided to attendance centers
8    may be used and appropriated by the board of the district
9    for any lawful school purpose.
10        (e) Funds received by an attendance center pursuant to
11    this subsection shall be used by the attendance center at
12    the discretion of the principal and local school council
13    for programs to improve educational opportunities at
14    qualifying schools through the following programs and
15    services: early childhood education, reduced class size or
16    improved adult to student classroom ratio, enrichment
17    programs, remedial assistance, attendance improvement, and
18    other educationally beneficial expenditures which
19    supplement the regular and basic programs as determined by
20    the State Board of Education. Funds provided shall not be
21    expended for any political or lobbying purposes as defined
22    by board rule.
23        (f) Each district subject to the provisions of this
24    subdivision (H)(4) shall submit an acceptable plan to meet
25    the educational needs of disadvantaged children, in
26    compliance with the requirements of this paragraph, to the

 

 

10000SB0001ham002- 314 -LRB100 06371 MLM 27378 a

1    State Board of Education prior to July 15 of each year.
2    This plan shall be consistent with the decisions of local
3    school councils concerning the school expenditure plans
4    developed in accordance with part 4 of Section 34-2.3. The
5    State Board shall approve or reject the plan within 60 days
6    after its submission. If the plan is rejected, the district
7    shall give written notice of intent to modify the plan
8    within 15 days of the notification of rejection and then
9    submit a modified plan within 30 days after the date of the
10    written notice of intent to modify. Districts may amend
11    approved plans pursuant to rules promulgated by the State
12    Board of Education.
13        Upon notification by the State Board of Education that
14    the district has not submitted a plan prior to July 15 or a
15    modified plan within the time period specified herein, the
16    State aid funds affected by that plan or modified plan
17    shall be withheld by the State Board of Education until a
18    plan or modified plan is submitted.
19        If the district fails to distribute State aid to
20    attendance centers in accordance with an approved plan, the
21    plan for the following year shall allocate funds, in
22    addition to the funds otherwise required by this
23    subsection, to those attendance centers which were
24    underfunded during the previous year in amounts equal to
25    such underfunding.
26        For purposes of determining compliance with this

 

 

10000SB0001ham002- 315 -LRB100 06371 MLM 27378 a

1    subsection in relation to the requirements of attendance
2    center funding, each district subject to the provisions of
3    this subsection shall submit as a separate document by
4    December 1 of each year a report of expenditure data for
5    the prior year in addition to any modification of its
6    current plan. If it is determined that there has been a
7    failure to comply with the expenditure provisions of this
8    subsection regarding contravention or supplanting, the
9    State Superintendent of Education shall, within 60 days of
10    receipt of the report, notify the district and any affected
11    local school council. The district shall within 45 days of
12    receipt of that notification inform the State
13    Superintendent of Education of the remedial or corrective
14    action to be taken, whether by amendment of the current
15    plan, if feasible, or by adjustment in the plan for the
16    following year. Failure to provide the expenditure report
17    or the notification of remedial or corrective action in a
18    timely manner shall result in a withholding of the affected
19    funds.
20        The State Board of Education shall promulgate rules and
21    regulations to implement the provisions of this
22    subsection. No funds shall be released under this
23    subdivision (H)(4) to any district that has not submitted a
24    plan that has been approved by the State Board of
25    Education.
 

 

 

10000SB0001ham002- 316 -LRB100 06371 MLM 27378 a

1(I) (Blank).
 
2(J) (Blank).
 
3(K) Grants to Laboratory and Alternative Schools.
4    In calculating the amount to be paid to the governing board
5of a public university that operates a laboratory school under
6this Section or to any alternative school that is operated by a
7regional superintendent of schools, the State Board of
8Education shall require by rule such reporting requirements as
9it deems necessary.
10    As used in this Section, "laboratory school" means a public
11school which is created and operated by a public university and
12approved by the State Board of Education. The governing board
13of a public university which receives funds from the State
14Board under this subsection (K) or subsection (g) of Section
1518-8.15 of this Code may not increase the number of students
16enrolled in its laboratory school from a single district, if
17that district is already sending 50 or more students, except
18under a mutual agreement between the school board of a
19student's district of residence and the university which
20operates the laboratory school. A laboratory school may not
21have more than 1,000 students, excluding students with
22disabilities in a special education program.
23    As used in this Section, "alternative school" means a
24public school which is created and operated by a Regional

 

 

10000SB0001ham002- 317 -LRB100 06371 MLM 27378 a

1Superintendent of Schools and approved by the State Board of
2Education. Such alternative schools may offer courses of
3instruction for which credit is given in regular school
4programs, courses to prepare students for the high school
5equivalency testing program or vocational and occupational
6training. A regional superintendent of schools may contract
7with a school district or a public community college district
8to operate an alternative school. An alternative school serving
9more than one educational service region may be established by
10the regional superintendents of schools of the affected
11educational service regions. An alternative school serving
12more than one educational service region may be operated under
13such terms as the regional superintendents of schools of those
14educational service regions may agree.
15    Each laboratory and alternative school shall file, on forms
16provided by the State Superintendent of Education, an annual
17State aid claim which states the Average Daily Attendance of
18the school's students by month. The best 3 months' Average
19Daily Attendance shall be computed for each school. The general
20State aid entitlement shall be computed by multiplying the
21applicable Average Daily Attendance by the Foundation Level as
22determined under this Section.
 
23(L) Payments, Additional Grants in Aid and Other Requirements.
24    (1) For a school district operating under the financial
25supervision of an Authority created under Article 34A, the

 

 

10000SB0001ham002- 318 -LRB100 06371 MLM 27378 a

1general State aid otherwise payable to that district under this
2Section, but not the supplemental general State aid, shall be
3reduced by an amount equal to the budget for the operations of
4the Authority as certified by the Authority to the State Board
5of Education, and an amount equal to such reduction shall be
6paid to the Authority created for such district for its
7operating expenses in the manner provided in Section 18-11. The
8remainder of general State school aid for any such district
9shall be paid in accordance with Article 34A when that Article
10provides for a disposition other than that provided by this
11Article.
12    (2) (Blank).
13    (3) Summer school. Summer school payments shall be made as
14provided in Section 18-4.3.
 
15(M) (Blank). Education Funding Advisory Board.
16    The Education Funding Advisory Board, hereinafter in this
17subsection (M) referred to as the "Board", is hereby created.
18The Board shall consist of 5 members who are appointed by the
19Governor, by and with the advice and consent of the Senate. The
20members appointed shall include representatives of education,
21business, and the general public. One of the members so
22appointed shall be designated by the Governor at the time the
23appointment is made as the chairperson of the Board. The
24initial members of the Board may be appointed any time after
25the effective date of this amendatory Act of 1997. The regular

 

 

10000SB0001ham002- 319 -LRB100 06371 MLM 27378 a

1term of each member of the Board shall be for 4 years from the
2third Monday of January of the year in which the term of the
3member's appointment is to commence, except that of the 5
4initial members appointed to serve on the Board, the member who
5is appointed as the chairperson shall serve for a term that
6commences on the date of his or her appointment and expires on
7the third Monday of January, 2002, and the remaining 4 members,
8by lots drawn at the first meeting of the Board that is held
9after all 5 members are appointed, shall determine 2 of their
10number to serve for terms that commence on the date of their
11respective appointments and expire on the third Monday of
12January, 2001, and 2 of their number to serve for terms that
13commence on the date of their respective appointments and
14expire on the third Monday of January, 2000. All members
15appointed to serve on the Board shall serve until their
16respective successors are appointed and confirmed. Vacancies
17shall be filled in the same manner as original appointments. If
18a vacancy in membership occurs at a time when the Senate is not
19in session, the Governor shall make a temporary appointment
20until the next meeting of the Senate, when he or she shall
21appoint, by and with the advice and consent of the Senate, a
22person to fill that membership for the unexpired term. If the
23Senate is not in session when the initial appointments are
24made, those appointments shall be made as in the case of
25vacancies.
26    The Education Funding Advisory Board shall be deemed

 

 

10000SB0001ham002- 320 -LRB100 06371 MLM 27378 a

1established, and the initial members appointed by the Governor
2to serve as members of the Board shall take office, on the date
3that the Governor makes his or her appointment of the fifth
4initial member of the Board, whether those initial members are
5then serving pursuant to appointment and confirmation or
6pursuant to temporary appointments that are made by the
7Governor as in the case of vacancies.
8    The State Board of Education shall provide such staff
9assistance to the Education Funding Advisory Board as is
10reasonably required for the proper performance by the Board of
11its responsibilities.
12    For school years after the 2000-2001 school year, the
13Education Funding Advisory Board, in consultation with the
14State Board of Education, shall make recommendations as
15provided in this subsection (M) to the General Assembly for the
16foundation level under subdivision (B)(3) of this Section and
17for the supplemental general State aid grant level under
18subsection (H) of this Section for districts with high
19concentrations of children from poverty. The recommended
20foundation level shall be determined based on a methodology
21which incorporates the basic education expenditures of
22low-spending schools exhibiting high academic performance. The
23Education Funding Advisory Board shall make such
24recommendations to the General Assembly on January 1 of odd
25numbered years, beginning January 1, 2001.
 

 

 

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1(N) (Blank).
 
2(O) References.
3    (1) References in other laws to the various subdivisions of
4Section 18-8 as that Section existed before its repeal and
5replacement by this Section 18-8.05 shall be deemed to refer to
6the corresponding provisions of this Section 18-8.05, to the
7extent that those references remain applicable.
8    (2) References in other laws to State Chapter 1 funds shall
9be deemed to refer to the supplemental general State aid
10provided under subsection (H) of this Section.
 
11(P) Public Act 93-838 and Public Act 93-808 make inconsistent
12changes to this Section. Under Section 6 of the Statute on
13Statutes there is an irreconcilable conflict between Public Act
1493-808 and Public Act 93-838. Public Act 93-838, being the last
15acted upon, is controlling. The text of Public Act 93-838 is
16the law regardless of the text of Public Act 93-808.
 
17(Q) State Fiscal Year 2015 Payments.
18    For payments made for State fiscal year 2015, the State
19Board of Education shall, for each school district, calculate
20that district's pro-rata share of a minimum sum of $13,600,000
21or additional amounts as needed from the total net General
22State Aid funding as calculated under this Section that shall
23be deemed attributable to the provision of special educational

 

 

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1facilities and services, as defined in Section 14-1.08 of this
2Code, in a manner that ensures compliance with maintenance of
3State financial support requirements under the federal
4Individuals with Disabilities Education Act. Each school
5district must use such funds only for the provision of special
6educational facilities and services, as defined in Section
714-1.08 of this Code, and must comply with any expenditure
8verification procedures adopted by the State Board of
9Education.
 
10(R) State Fiscal Year 2016 Payments.
11    For payments made for State fiscal year 2016, the State
12Board of Education shall, for each school district, calculate
13that district's pro rata share of a minimum sum of $1 or
14additional amounts as needed from the total net General State
15Aid funding as calculated under this Section that shall be
16deemed attributable to the provision of special educational
17facilities and services, as defined in Section 14-1.08 of this
18Code, in a manner that ensures compliance with maintenance of
19State financial support requirements under the federal
20Individuals with Disabilities Education Act. Each school
21district must use such funds only for the provision of special
22educational facilities and services, as defined in Section
2314-1.08 of this Code, and must comply with any expenditure
24verification procedures adopted by the State Board of
25Education.

 

 

10000SB0001ham002- 323 -LRB100 06371 MLM 27378 a

1(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194,
2eff. 7-30-15; 99-523, eff. 6-30-16.)
 
3    (105 ILCS 5/18-8.10)
4    Sec. 18-8.10. Fast growth grants.
5    (a) If there has been an increase in a school district's
6student population over the most recent 2 school years of (i)
7over 1.5% in a district with over 10,000 pupils in average
8daily attendance (as defined in Section 18-8.05 or 18-8.15 of
9this Code) or (ii) over 7.5% in any other district, then the
10district is eligible for a grant under this Section, subject to
11appropriation.
12    (b) The State Board of Education shall determine a per
13pupil grant amount for each school district. The total grant
14amount for a district for any given school year shall equal the
15per pupil grant amount multiplied by the difference between the
16number of pupils in average daily attendance for the 2 most
17recent school years.
18    (c) Funds for grants under this Section must be
19appropriated to the State Board of Education in a separate line
20item for this purpose. If the amount appropriated in any fiscal
21year is insufficient to pay all grants for a school year, then
22the amount appropriated shall be prorated among eligible
23districts. As soon as possible after funds have been
24appropriated to the State Board of Education, the State Board
25of Education shall distribute the grants to eligible districts.

 

 

10000SB0001ham002- 324 -LRB100 06371 MLM 27378 a

1    (d) If a school district intentionally reports incorrect
2average daily attendance numbers to receive a grant under this
3Section, then the district shall be denied State aid in the
4same manner as State aid is denied for intentional incorrect
5reporting of average daily attendance numbers under Section
618-8.05 or 18-8.15 of this Code.
7(Source: P.A. 93-1042, eff. 10-8-04.)
 
8    (105 ILCS 5/18-8.15 new)
9    Sec. 18-8.15. Evidence-based funding for student success
10for the 2017-2018 and subsequent school years.
11    (a) General provisions.
12    (1) The purpose of this Section is to ensure that, by June
1330, 2027 and beyond, this State has a kindergarten through
14grade 12 public education system with the capacity to ensure
15the educational development of all persons to the limits of
16their capacities in accordance with Section 1 of Article X of
17the Constitution of the State of Illinois. To accomplish that
18objective, this Section creates a method of funding public
19education that is evidence-based; is sufficient to ensure every
20student receives a meaningful opportunity to learn
21irrespective of race, ethnicity, sexual orientation, gender,
22or community-income level; and is sustainable and predictable.
23When fully funded under this Section, every school shall have
24the resources, based on what the evidence indicates is needed,
25to:

 

 

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1        (A) provide all students with a high quality education
2    that offers the academic, enrichment, social and emotional
3    support, technical, and career-focused programs that will
4    allow them to become competitive workers, responsible
5    parents, productive citizens of this State, and active
6    members of our national democracy;
7        (B) ensure all students receive the education they need
8    to graduate from high school with the skills required to
9    pursue post-secondary education and training for a
10    rewarding career;
11        (C) reduce, with a goal of eliminating, the achievement
12    gap between at-risk and non-at-risk students by raising the
13    performance of at-risk students and not by reducing
14    standards; and
15        (D) ensure this State satisfies its obligation to
16    assume the primary responsibility to fund public education
17    and simultaneously relieve the disproportionate burden
18    placed on local property taxes to fund schools.
19    (2) The evidence-based funding formula under this Section
20shall be applied to all Organizational Units in this State. As
21further defined and described in this Section, there are 4
22major components of the evidence-based funding model:
23        (A) First, the model calculates a unique adequacy
24    target for each Organizational Unit in this State that
25    considers the costs to implement research-based
26    activities, the unit's student demographics, and regional

 

 

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1    wage difference.
2        (B) Second, the model calculates each Organizational
3    Unit's local capacity, or the amount each Organizational
4    Unit is assumed to contribute towards its adequacy target
5    from local resources.
6        (C) Third, the model calculates how much funding the
7    State currently contributes to the Organizational Unit,
8    and adds that to the unit's local capacity to determine the
9    unit's overall current adequacy of funding.
10        (D) Finally, the model's distribution method allocates
11    new State funding to those Organizational Units that are
12    least well-funded, considering both local capacity and
13    State funding, in relation to their adequacy target.
14    (3) An Organizational Unit receiving any funding under this
15Section may apply those funds to any fund so received for which
16that Organizational Unit is authorized to make expenditures by
17law.
18    (4) As used in this Section, the following terms shall have
19the meanings ascribed in this paragraph (4):
20    "Adequacy Target" is defined in paragraph (1) of subsection
21(b) of this Section.
22    "Adjusted EAV" is defined in paragraph (4) of subsection
23(d) of this Section.
24    "Adjusted Local Capacity Target" is defined in paragraph
25(3) of subsection (c) of this Section.
26    "Adjusted Operating Tax Rate" means a tax rate for all

 

 

10000SB0001ham002- 327 -LRB100 06371 MLM 27378 a

1Organizational Units, for which the State Superintendent shall
2calculate and subtract for the Operating Tax Rate a
3transportation rate based on total expenses for transportation
4services under this Code, as reported on the most recent Annual
5Financial Report in Pupil Transportation Services, function
62550 in both the Education and Transportation funds and
7functions 4110 and 4120 in the Transportation fund, less any
8corresponding fiscal year State of Illinois scheduled payments
9excluding net adjustments for prior years for regular,
10vocational, or special education transportation reimbursement
11pursuant to Section 29-5 or subsection (b) of Section 14-13.01
12of this Code divided by the Adjusted EAV. If an Organizational
13Unit's corresponding fiscal year State of Illinois scheduled
14payments excluding net adjustments for prior years for regular,
15vocational, or special education transportation reimbursement
16pursuant to Section 29-5 or subsection (b) of Section 14-13.01
17of this Code exceed the total transportation expenses, as
18defined in this paragraph, no transportation rate shall be
19subtracted from the Operating Tax Rate.
20    "Allocation Rate" is defined in paragraph (3) of subsection
21(g) of this Section.
22    "Alternative School" means a public school that is created
23and operated by a regional superintendent of schools and
24approved by the State Board.
25    "Applicable Tax Rate" is defined in paragraph (1) of
26subsection (d) of this Section.

 

 

10000SB0001ham002- 328 -LRB100 06371 MLM 27378 a

1    "Assessment" means any of those benchmark, progress
2monitoring, formative, diagnostic, and other assessments, in
3addition to the State accountability assessment, that assist
4teachers' needs in understanding the skills and meeting the
5needs of the students they serve.
6    "Assistant principal" means a school administrator duly
7endorsed to be employed as an assistant principal in this
8State.
9    "At-risk student" means a student who is at risk of not
10meeting the Illinois Learning Standards or not graduating from
11elementary or high school and who demonstrates a need for
12vocational support or social services beyond that provided by
13the regular school program. All students included in an
14Organizational Unit's Low-Income Count, as well as all EL and
15disabled students attending the Organizational Unit, shall be
16considered at-risk students under this Section.
17    "Average Student Enrollment" or "ASE" means, for an
18Organizational Unit in a given school year, the greater of the
19average number of students (grades K through 12) reported to
20the State Board as enrolled in the Organizational Unit on
21October 1 and March 1, plus the special education
22pre-kindergarten students with services of at least more than 2
23hours a day as reported to the State Board on December 1, in
24the immediately preceding school year or the average number of
25students (grades K through 12) reported to the State Board as
26enrolled in the Organizational Unit on October 1 and March 1,

 

 

10000SB0001ham002- 329 -LRB100 06371 MLM 27378 a

1plus the special education pre-kindergarten students with
2services of at least more than 2 hours a day as reported to the
3State Board on December 1, for each of the immediately
4preceding 3 school years. For the purposes of this definition,
5"enrolled in the Organizational Unit" means the number of
6students reported to the State Board who are enrolled in
7schools within the Organizational Unit that the student attends
8or would attend if not placed or transferred to another school
9or program to receive needed services. For the purposes of
10calculating "ASE", all students, grades K through 12, excluding
11those attending kindergarten for a half day, shall be counted
12as 1.0. All students attending kindergarten for a half day
13shall be counted as 0.5, unless in 2017 by June 15 or by March 1
14in subsequent years, the school district reports to the State
15Board of Education the intent to implement full-day
16kindergarten district-wide for all students, then all students
17attending kindergarten shall be counted as 1.0. Special
18education pre-kindergarten students shall be counted as 0.5
19each. If the State Board does not collect or has not collected
20both an October 1 and March 1 enrollment count by grade or a
21December 1 collection of special education pre-kindergarten
22students as of the effective date of this amendatory Act of the
23100th General Assembly, it shall establish such collection for
24all future years. For any year where a count by grade level was
25collected only once, that count shall be used as the single
26count available for computing a 3-year average ASE. School

 

 

10000SB0001ham002- 330 -LRB100 06371 MLM 27378 a

1districts shall submit the data for the ASE calculation to the
2State Board within 45 days of the dates required in this
3Section for submission of enrollment data in order for it to be
4included in the ASE calculation.
5    "Base Funding Guarantee" is defined in paragraph (7) of
6subsection (g) of this Section.
7    "Base Funding Minimum" is defined in subsection (e) of this
8Section.
9    "Base Tax Year" means the property tax levy year used to
10calculate the Budget Year allocation of primary State aid.
11    "Base Tax Year's Extension" means the product of the
12equalized assessed valuation utilized by the county clerk in
13the Base Tax Year multiplied by the limiting rate as calculated
14by the county clerk and defined in PTELL.
15    "Bilingual Education Allocation" means the amount of an
16Organizational Unit's final Adequacy Target attributable to
17bilingual education divided by the Organizational Unit's final
18Adequacy Target, the product of which shall be multiplied by
19the amount of new funding received pursuant to this Section. An
20Organizational Unit's final Adequacy Target attributable to
21bilingual education shall include all additional investments
22in EL student's adequacy elements.
23    "Budget Year" means the school year for which primary State
24aid is calculated and awarded under this Section.
25    "Central office" means individual administrators and
26support service personnel charged with managing the

 

 

10000SB0001ham002- 331 -LRB100 06371 MLM 27378 a

1instructional programs, business and operations, and security
2of the Organizational Unit.
3    "Comparable Wage Index" or "CWI" means a regional cost
4differentiation metric that measures systemic, regional
5variations in the salaries of college graduates who are not
6educators. The CWI utilized for this Section shall, for the
7first 3 years of Evidence-Based Funding implementation, be the
8CWI initially developed by the National Center for Education
9Statistics, as most recently updated by Texas A & M University.
10In the fourth and subsequent years of Evidence-Based Funding
11implementation, the State Superintendent shall re-determine
12the CWI using a similar methodology to that identified in the
13Texas A & M University study, with adjustments made no less
14frequently than once every 5 years.
15    "Computer technology and equipment" means computers
16servers, notebooks, network equipment, copiers, printers,
17instructional software, security software, curriculum
18management courseware, and other similar materials and
19equipment.
20    "Core subject" means mathematics; science; reading,
21English, writing, and language arts; history and social
22studies; world languages; and subjects taught as Advanced
23Placement in high schools.
24    "Core teacher" means a regular classroom teacher in
25elementary schools and teachers of a core subject in middle and
26high schools.

 

 

10000SB0001ham002- 332 -LRB100 06371 MLM 27378 a

1    "Core Intervention teacher (tutor)" means a licensed
2teacher providing one-on-one or small group tutoring to
3students struggling to meet proficiency in core subjects.
4    "CPPRT" means corporate personal property replacement tax
5funds paid to an Organizational Unit during the calendar year
6one year before the calendar year in which a school year
7begins, pursuant to "An Act in relation to the abolition of ad
8valorem personal property tax and the replacement of revenues
9lost thereby, and amending and repealing certain Acts and parts
10of Acts in connection therewith", certified August 14, 1979, as
11amended (Public Act 81-1st S.S.-1).
12    "EAV" means equalized assessed valuation as defined in
13paragraph (2) of subsection (d) of this Section and calculated
14in accordance with paragraph (3) of subsection (d) of this
15Section.
16    "ECI" means the Bureau of Labor Statistics' national
17employment cost index for civilian workers in educational
18services in elementary and secondary schools on a cumulative
19basis for the 12-month calendar year preceding the fiscal year
20of the Evidence-Based Funding calculation.
21    "EIS Data" means the employment information system data
22maintained by the State Board on educators within
23Organizational Units.
24    "Employee benefits" means health, dental, and vision
25insurance offered to employees of an Organizational Unit, the
26costs associated with statutorily required payment of the

 

 

10000SB0001ham002- 333 -LRB100 06371 MLM 27378 a

1normal cost of the Organizational Unit's teacher pensions,
2Social Security employer contributions, and Illinois Municipal
3Retirement Fund employer contributions.
4    "English learner" or "EL" means a child included in the
5definition of "English learners" under Section 14C-2 of this
6Code participating in a program of transitional bilingual
7education or a transitional program of instruction meeting the
8requirements and program application procedures of Article 14C
9of this Code. For the purposes of collecting the number of EL
10students enrolled, the same collection and calculation
11methodology as defined above for "ASE" shall apply to English
12learners.
13    "Essential Elements" means those elements, resources, and
14educational programs that have been identified through
15academic research as necessary to improve student success,
16improve academic performance, close achievement gaps, and
17provide for other per student costs related to the delivery and
18leadership of the Organizational Unit, as well as the
19maintenance and operations of the unit, and which are specified
20in paragraph (2) of subsection (b) of this Section.
21    "Evidence-Based Funding" means State funding provided to
22an Organizational Unit pursuant to this Section.
23    "Extended day" means academic and enrichment programs
24provided to students outside the regular school day before and
25after school or during non-instructional times during the
26school day.

 

 

10000SB0001ham002- 334 -LRB100 06371 MLM 27378 a

1    "Extension Limitation Ratio" means a numerical ratio in
2which the numerator is the Base Tax Year's Extension and the
3denominator is the Preceding Tax Year's Extension.
4    "Final Percent of Adequacy" is defined in paragraph (4) of
5subsection (f) of this Section.
6    "Final Resources" is defined in paragraph (3) of subsection
7(f) of this Section.
8    "Full-time equivalent" or "FTE" means the full-time
9equivalency compensation for staffing the relevant position at
10an Organizational Unit.
11    "Funding Gap" is defined in paragraph (1) of subsection
12(g).
13    "Guidance counselor" means a licensed guidance counselor
14who provides guidance and counseling support for students
15within an Organizational Unit.
16    "Hybrid District" means a partial elementary unit district
17created pursuant to Article 11E of this Code.
18    "Instructional assistant" means a core or special
19education, non-licensed employee who assists a teacher in the
20classroom and provides academic support to students.
21    "Instructional facilitator" means a qualified teacher or
22licensed teacher leader who facilitates and coaches continuous
23improvement in classroom instruction; provides instructional
24support to teachers in the elements of research-based
25instruction or demonstrates the alignment of instruction with
26curriculum standards and assessment tools; develops or

 

 

10000SB0001ham002- 335 -LRB100 06371 MLM 27378 a

1coordinates instructional programs or strategies; develops and
2implements training; chooses standards-based instructional
3materials; provides teachers with an understanding of current
4research; serves as a mentor, site coach, curriculum
5specialist, or lead teacher; or otherwise works with fellow
6teachers, in collaboration, to use data to improve
7instructional practice or develop model lessons.
8    "Instructional materials" means relevant instructional
9materials for student instruction, including, but not limited
10to, textbooks, consumable workbooks, laboratory equipment,
11library books, and other similar materials.
12    "Laboratory School" means a public school that is created
13and operated by a public university and approved by the State
14Board.
15    "Librarian" means a teacher with an endorsement as a
16library information specialist or another individual whose
17primary responsibility is overseeing library resources within
18an Organizational Unit.
19    "Local Capacity" is defined in paragraph (1) of subsection
20(c) of this Section.
21    "Local Capacity Percentage" is defined in subparagraph (A)
22of paragraph (2) of subsection (c) of this Section.
23    "Local Capacity Ratio" is defined in subparagraph (B) of
24paragraph (2) of subsection (c) of this Section.
25    "Local Capacity Target" is defined in paragraph (2) of
26subsection (c) of this Section.

 

 

10000SB0001ham002- 336 -LRB100 06371 MLM 27378 a

1    "Low-Income Count" means, for an Organizational Unit in a
2fiscal year, the higher of the average number of students for
3the prior school year or the immediately preceding 3 school
4years who, as of July 1 of the immediately preceding fiscal
5year (as determined by the Department of Human Services), are
6eligible for at least one of the following low income programs:
7Medicaid, the Children's Health Insurance Program, TANF, or
8Food Stamps, excluding pupils who are eligible for services
9provided by the Department of Children and Family Services.
10Until such time that grade level low-income populations become
11available, grade level low-income populations shall be
12determined by applying the low-income percentage to total
13student enrollments by grade level. The low-income percentage
14is determined by dividing the Low-Income Count by the Average
15Student Enrollment.
16    "Maintenance and operations" means custodial services,
17facility and ground maintenance, facility operations, facility
18security, routine facility repairs, and other similar services
19and functions.
20    "Minimum Funding Level" is defined in paragraph (6) of
21subsection (g) of this Section.
22    "New State Funds" means, for a given school year, all State
23funds appropriated for Evidence-Based Funding in excess of the
24amount needed to fund the Base Funding Minimum for all
25Organizational Units in that school year.
26    "Net State Contribution Target" means, for a given school

 

 

10000SB0001ham002- 337 -LRB100 06371 MLM 27378 a

1year, the amount of State funds that would be necessary to
2fully meet the Adequacy Target of an Operational Unit minus the
3Preliminary Resources available to each unit.
4    "Nurse" means an individual licensed as a certified school
5nurse, in accordance with the rules established for nursing
6services by the State Board, who is an employee of and is
7available to provide health care-related services for students
8of an Organizational Unit.
9    "Operating Tax Rate" means the rate utilized in the
10previous year to extend property taxes for all purposes,
11except, Bond and Interest, Summer School, Rent, Capital
12Improvement, and Vocational Education Building purposes. For
13Hybrid Districts, the Operating Tax Rate shall be the combined
14elementary and high school rates utilized in the previous year
15to extend property taxes for all purposes, except, Bond and
16Interest, Summer School, Rent, Capital Improvement, and
17Vocational Education Building purposes.
18    "Organizational Unit" means a Laboratory School, an
19Alternative School, or any public school district that is
20recognized as such by the State Board and that contains
21elementary schools typically serving kindergarten through 5th
22grades, middle schools typically serving 6th through 8th
23grades, or high schools typically serving 9th through 12th
24grades. The General Assembly acknowledges that the actual grade
25levels served by a particular Organizational Unit may vary
26slightly from what is typical.

 

 

10000SB0001ham002- 338 -LRB100 06371 MLM 27378 a

1    "Organizational Unit CWI" is determined by calculating the
2CWI in the region and original county in which an
3Organizational Unit's primary administrative office is located
4as set forth in this paragraph, provided that if the
5Organizational Unit CWI as calculated in accordance with this
6paragraph is less than 0.9, the Organizational Unit CWI shall
7be increased to 0.9. Each county's current CWI value shall be
8adjusted based on the CWI value of that county's neighboring
9Illinois counties, to create a "weighted adjusted index value".
10This shall be calculated by summing the CWI values of all of a
11county's adjacent Illinois counties and dividing by the number
12of adjacent Illinois counties, then taking the weighted value
13of the original county's CWI value and the adjacent Illinois
14county average. To calculate this weighted value, if the number
15of adjacent Illinois counties is greater than 2, the original
16county's CWI value will be weighted at 0.25 and the adjacent
17Illinois county average will be weighted at 0.75. If the number
18of adjacent Illinois counties is 2, the original county's CWI
19value will be weighted at 0.33 and the adjacent Illinois county
20average will be weighted at 0.66. The greater of the county's
21current CWI value and its weighted adjusted index value shall
22be used as the Organizational Unit CWI.
23    "Preceding Tax Year" means the property tax levy year
24immediately preceding the Base Tax Year.
25    "Preceding Tax Year's Extension" means the product of the
26equalized assessed valuation utilized by the county clerk in

 

 

10000SB0001ham002- 339 -LRB100 06371 MLM 27378 a

1the Preceding Tax Year multiplied by the Operating Tax Rate.
2    "Preliminary Percent of Adequacy" is defined in paragraph
3(2) of subsection (f) of this Section.
4    "Preliminary Resources" is defined in paragraph (2) of
5subsection (f) of this Section.
6    "Principal" means a school administrator duly endorsed to
7be employed as a principal in this State.
8    "Professional development" means training programs for
9licensed staff in schools, including, but not limited to,
10programs that assist in implementing new curriculum programs,
11provide data focused or academic assessment data training to
12help staff identify a student's weaknesses and strengths,
13target interventions, improve instruction, encompass
14instructional strategies for EL, gifted, or at-risk students,
15address inclusivity, cultural sensitivity, or implicit bias,
16or otherwise provide professional support for licensed staff.
17    "Prototypical" means 450 special education
18pre-kindergarten and kindergarten through grade 5 students for
19an elementary school, 450 grade 6 through 8 students for a
20middle school, and 600 grade 9 through 12 students for a high
21school.
22    "PTELL" means the Property Tax Extension Limitation Law.
23    "PTELL EAV" is defined in paragraph (4) of subsection (d)
24of this Section.
25    "Pupil support staff" means a nurse, psychologist, social
26worker, family liaison personnel, or other staff member who

 

 

10000SB0001ham002- 340 -LRB100 06371 MLM 27378 a

1provides support to at-risk or struggling students.
2    "Real Receipts" is defined in paragraph (1) of subsection
3(d) of this Section.
4    "Regionalization Factor" means, for a particular
5Organizational Unit, the figure derived by dividing the
6Organizational Unit CWI by the Statewide Weighted CWI.
7    "School site staff" means the primary school secretary and
8any additional clerical personnel assigned to a school.
9    "Special education" means special educational facilities
10and services, as defined in Section 14-1.08 of this Code.
11    "Special Education Allocation" means the amount of an
12Organizational Unit's final Adequacy Target attributable to
13special education divided by the Organizational Unit's final
14Adequacy Target, the product of which shall be multiplied by
15the amount of new funding received pursuant to this Section. An
16Organizational Unit's final Adequacy Target attributable to
17special education shall include all special education
18investment adequacy elements.
19    "Specialist teacher" means a teacher who provides
20instruction in subject areas not included in core subjects,
21including, but not limited to, art, music, physical education,
22health, driver education, career-technical education, and such
23other subject areas as may be mandated by State law or provided
24by an Organizational Unit.
25    "Specially Funded Unit" means an Alternative School, safe
26school, Department of Juvenile Justice school, special

 

 

10000SB0001ham002- 341 -LRB100 06371 MLM 27378 a

1education cooperative or entity recognized by the State Board
2as a special education cooperative, State-approved charter
3school, or alternative learning opportunities program that
4received direct funding from the State Board during the
52016-2017 school year through any of the funding sources
6included within the calculation of the Base Funding Minimum or
7Glenwood Academy.
8    "Supplemental Grant Funding" means supplemental general
9State aid funding received by an Organization Unit during the
102016-2017 school year pursuant to subsection (H) of Section
1118-8.05 of this Code.
12    "State Adequacy Level" is the sum of the Adequacy Targets
13of all Organizational Units.
14    "State Board" means the State Board of Education.
15    "State Superintendent" means the State Superintendent of
16Education.
17    "Statewide Weighted CWI" means a figure determined by
18multiplying each Organizational Unit CWI times the ASE for that
19Organizational Unit creating a weighted value, summing all
20Organizational Unit's weighted values, and dividing by the
21total ASE of all Organizational Units, thereby creating an
22average weighted index.
23    "Student activities" means non-credit producing
24after-school programs, including, but not limited to, clubs,
25bands, sports, and other activities authorized by the school
26board of the Organizational Unit.

 

 

10000SB0001ham002- 342 -LRB100 06371 MLM 27378 a

1    "Substitute teacher" means an individual teacher or
2teaching assistant who is employed by an Organizational Unit
3and is temporarily serving the Organizational Unit on a per
4diem or per period-assignment basis replacing another staff
5member.
6    "Summer school" means academic and enrichment programs
7provided to students during the summer months outside of the
8regular school year.
9    "Supervisory aide" means a non-licensed staff member who
10helps in supervising students of an Organizational Unit, but
11does so outside of the classroom, in situations such as, but
12not limited to, monitoring hallways and playgrounds,
13supervising lunchrooms, or supervising students when being
14transported in buses serving the Organizational Unit.
15    "Target Ratio" is defined in paragraph (4) of subsection
16(g).
17    "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined in
18paragraph (2) of subsection (g).
19    "Tier 1 Aggregate Funding", "Tier 2 Aggregate Funding",
20"Tier 3 Aggregate Funding", and "Tier 4 Aggregate Funding" are
21defined in paragraph (1) of subsection (g).
22    (b) Adequacy Target calculation.
23    (1) Each Organizational Unit's Adequacy Target is the sum
24of the Organizational Unit's cost of providing Essential
25Elements, as calculated in accordance with this subsection (b),
26with the salary amounts in the Essential Elements multiplied by

 

 

10000SB0001ham002- 343 -LRB100 06371 MLM 27378 a

1a Regionalization Factor calculated pursuant to paragraph (3)
2of this subsection (b).
3    (2) The Essential Elements are attributable on a pro-rata
4basis related to defined subgroups of the ASE of each
5Organizational Unit as specified in this paragraph (2), with
6investments and FTE positions pro-rata funded based on ASE
7counts in excess or less than the thresholds set forth in this
8paragraph (2). The method for calculating attributable
9pro-rata costs and the defined subgroups thereto are as
10follows:
11        (A) Core class size investments. Each Organizational
12    Unit shall receive the funding required to support that
13    number of FTE core teacher positions as is needed to keep
14    the respective class sizes of the Organizational Unit to
15    the following maximum numbers:
16            (1) For grades kindergarten through 3, the
17        Organizational Unit shall receive funding required to
18        support one FTE core teacher position for every 15
19        Low-Income Count students in those grades and one FTE
20        core teacher position for every 20 non-Low-Income
21        Count students in those grades.
22            (2) For grades 4 through 12, the Organizational
23        Unit shall receive funding required to support one FTE
24        core teacher position for every 20 Low-Income Count
25        students in those grades and one FTE core teacher
26        position for every 25 non-Low-Income Count students in

 

 

10000SB0001ham002- 344 -LRB100 06371 MLM 27378 a

1        those grades.
2        The number of non-Low-Income Count students in a grade
3    shall be determined by subtracting the Low-Income students
4    in that grade from the ASE of the Organizational Unit for
5    that grade.
6        (B) Specialist teacher investments. Each
7    Organizational Unit shall receive the funding needed to
8    cover that number of FTE specialist teacher positions that
9    correspond to the following percentages:
10            (i) if the Organizational Unit operates an
11        elementary or middle school, then 20.00% of the number
12        of the Organizational Unit's core teachers, as
13        determined under subparagraph (A) of this paragraph
14        (2); and
15            (ii) if such Organizational Unit operates a high
16        school, then 33.33% of the number of the Organizational
17        Unit's core teachers.
18        (C) Instructional facilitator investments. Each
19    Organizational Unit shall receive the funding needed to
20    cover one FTE instructional facilitator position for every
21    200 combined ASE of pre-kindergarten children with
22    disabilities and all kindergarten through grade 12
23    students of the Organizational Unit.
24        (D) Core intervention teacher (tutor) investments.
25    Each Organizational Unit shall receive the funding needed
26    to cover one FTE teacher position for each prototypical

 

 

10000SB0001ham002- 345 -LRB100 06371 MLM 27378 a

1    elementary, middle, and high school.
2        (E) Substitute teacher investments. Each
3    Organizational Unit shall receive the funding needed to
4    cover substitute teacher costs that is equal to 5.70% of
5    the minimum pupil attendance days required under Section
6    10-19 of this code for all full-time equivalent core,
7    specialist, and intervention teachers, school nurses,
8    special education teachers and instructional assistants,
9    instructional facilitators, and summer school and
10    extended-day teacher positions, as determined under this
11    paragraph (2), at a salary rate of 33.33% of the average
12    salary for grade K through 12 teachers and 33.33% of the
13    average salary of each instructional assistant position.
14        (F) Core guidance counselor investments. Each
15    Organizational Unit shall receive the funding needed to
16    cover one FTE guidance counselor for each 450 combined ASE
17    of pre-kindergarten children with disabilities and all
18    kindergarten through grade 5 students, plus one FTE
19    guidance counselor for each 250 grades 6 through 8 ASE
20    middle school students, plus one FTE guidance counselor for
21    each 250 grades 9 through 12 ASE high school students.
22        (G) Nurse investments. Each Organizational Unit shall
23    receive the funding needed to cover one FTE nurse for each
24    750 combined ASE of pre-kindergarten children with
25    disabilities and all kindergarten through grade 12
26    students across all grade levels it serves.

 

 

10000SB0001ham002- 346 -LRB100 06371 MLM 27378 a

1        (H) Supervisory aide investments. Each Organizational
2    Unit shall receive the funding needed to cover one FTE for
3    each 225 combined ASE of pre-kindergarten children with
4    disabilities and all kindergarten through grade 5
5    students, plus one FTE for each 225 ASE middle school
6    students, plus one FTE for each 200 ASE high school
7    students.
8        (I) Librarian investments. Each Organizational Unit
9    shall receive the funding needed to cover one FTE librarian
10    for each prototypical elementary school, middle school,
11    and high school and one FTE aide or media technician for
12    every 300 combined ASE of pre-kindergarten children with
13    disabilities and all kindergarten through grade 12
14    students.
15        (J) Principal investments. Each Organizational Unit
16    shall receive the funding needed to cover one FTE principal
17    position for each prototypical elementary school, plus one
18    FTE principal position for each prototypical middle
19    school, plus one FTE principal position for each
20    prototypical high school.
21        (K) Assistant principal investments. Each
22    Organizational Unit shall receive the funding needed to
23    cover one FTE assistant principal position for each
24    prototypical elementary school, plus one FTE assistant
25    principal position for each prototypical middle school,
26    plus one FTE assistant principal position for each

 

 

10000SB0001ham002- 347 -LRB100 06371 MLM 27378 a

1    prototypical high school.
2        (L) School site staff investments. Each Organizational
3    Unit shall receive the funding needed for one FTE position
4    for each 225 ASE of pre-kindergarten children with
5    disabilities and all kindergarten through grade 5
6    students, plus one FTE position for each 225 ASE middle
7    school students, plus one FTE position for each 200 ASE
8    high school students.
9        (M) Gifted investments. Each Organizational Unit shall
10    receive $40 per kindergarten through grade 12 ASE.
11        (N) Professional development investments. Each
12    Organizational Unit shall receive $125 per student of the
13    combined ASE of pre-kindergarten children with
14    disabilities and all kindergarten through grade 12
15    students for trainers and other professional
16    development-related expenses for supplies and materials.
17        (O) Instructional material investments. Each
18    Organizational Unit shall receive $190 per student of the
19    combined ASE of pre-kindergarten children with
20    disabilities and all kindergarten through grade 12
21    students to cover instructional material costs.
22        (P) Assessment investments. Each Organizational Unit
23    shall receive $25 per student of the combined ASE of
24    pre-kindergarten children with disabilities and all
25    kindergarten through grade 12 students student to cover
26    assessment costs.

 

 

10000SB0001ham002- 348 -LRB100 06371 MLM 27378 a

1        (Q) Computer technology and equipment investments.
2    Each Organizational Unit shall receive $285.50 per student
3    of the combined ASE of pre-kindergarten children with
4    disabilities and all kindergarten through grade 12
5    students to cover computer technology and equipment costs.
6    For the 2018-2019 school year and subsequent school years,
7    Tier 1 and Tier 2 Organizational Units selected by the
8    State Board through a request for proposals process shall,
9    upon the State Board's approval of an Organizational Unit's
10    one-to-one computing technology plan, receive an
11    additional $285.50 per student of the combined ASE of
12    pre-kindergarten children with disabilities and all
13    kindergarten through grade 12 students to cover computer
14    technology and equipment costs. The State Board may
15    establish additional requirements for Organizational Unit
16    expenditures of funds received pursuant to this
17    subparagraph (Q). It is the intent of this amendatory Act
18    of the 100th General Assembly that all Tier 1 and Tier 2
19    districts that apply for the technology grant receive the
20    addition to their Adequacy Target, subject to compliance
21    with the requirements of the State Board.
22        (R) Student activities investments. Each
23    Organizational Unit shall receive the following funding
24    amounts to cover student activities: $100 per kindergarten
25    through grade 5 ASE student in elementary school, plus $200
26    per ASE student in middle school, plus $675 per ASE student

 

 

10000SB0001ham002- 349 -LRB100 06371 MLM 27378 a

1    in high school.
2        (S) Maintenance and operations investments. Each
3    Organizational Unit shall receive $1,038 per student of the
4    combined ASE of pre-kindergarten children with
5    disabilities and all kindergarten through grade 12 for
6    day-to-day maintenance and operations expenditures,
7    including salary, supplies, and materials, as well as
8    purchased services, but excluding employee benefits. The
9    proportion of salary for the application of a
10    Regionalization Factor and the calculation of benefits is
11    equal to $352.92.
12        (T) Central office investments. Each Organizational
13    Unit shall receive $742 per student of the combined ASE of
14    pre-kindergarten children with disabilities and all
15    kindergarten through grade 12 students to cover central
16    office operations, including administrators and classified
17    personnel charged with managing the instructional
18    programs, business and operations of the school district,
19    and security personnel. The proportion of salary for the
20    application of a Regionalization Factor and the
21    calculation of benefits is equal to $368.48.
22        (U) Employee benefit investments. Each Organizational
23    Unit shall receive 30% of the total of all
24    salary-calculated elements of the Adequacy Target,
25    excluding substitute teachers and student activities
26    investments, to cover benefit costs. For central office and

 

 

10000SB0001ham002- 350 -LRB100 06371 MLM 27378 a

1    maintenance and operations investments, the benefit
2    calculation shall be based upon the salary proportion of
3    each investment. If at any time the responsibility for
4    funding the employer normal cost of teacher pensions is
5    assigned to school districts, then that amount certified by
6    the Teachers' Retirement System of the State of Illinois to
7    be paid by the Organizational Unit for the preceding school
8    year shall be added to the benefit investment. For any
9    fiscal year in which a school district organized under
10    Article 34 of this Code is responsible for paying the
11    employer normal cost of teacher pensions, then that amount
12    of its employer normal cost plus the amount for retiree
13    health insurance as certified by the Public School
14    Teachers' Pension and Retirement Fund of Chicago to be paid
15    by the school district for the preceding school year that
16    is statutorily required to cover employer normal costs and
17    the amount for retiree health insurance shall be added to
18    the 30% specified in this subparagraph (U). The Public
19    School Teachers' Pension and Retirement Fund of Chicago
20    shall submit such information as the State Superintendent
21    may require for the calculations set forth in this
22    subparagraph (U).
23        (V) Additional investments in low-income students. In
24    addition to and not in lieu of all other funding under this
25    paragraph (2), each Organizational Unit shall receive
26    funding based on the average teacher salary for grades K

 

 

10000SB0001ham002- 351 -LRB100 06371 MLM 27378 a

1    through 12 to cover the costs of: (i) one FTE intervention
2    teacher (tutor) position for every 125 Low-Income Count
3    students; (ii) one FTE pupil support staff position for
4    every 125 Low-Income Count students; (iii) one FTE extended
5    day teacher position for every 120 Low-Income Count
6    students; and (iv) one FTE summer school teacher position
7    for every 120 Low-Income Count students.
8        (W) Additional investments in EL students. In addition
9    to and not in lieu of all other funding under this
10    paragraph (2), each Organizational Unit shall receive
11    funding based on the average teacher salary for grades K
12    through 12 to cover the costs of:
13            (i) one FTE intervention teacher (tutor) position
14        for every 125 EL students;
15            (ii) one FTE pupil support staff position for every
16        125 EL students;
17            (iii) one FTE extended day teacher position for
18        every 120 EL students;
19            (iv) one FTE summer school teacher position for
20        every 120 EL students; and
21            (v) one FTE core teacher position for every 100 EL
22        students.
23        (X) Special education investments. Each Organizational
24    Unit shall receive funding based on the average teacher
25    salary for grades K through 12 to cover special education
26    as follows:

 

 

10000SB0001ham002- 352 -LRB100 06371 MLM 27378 a

1            (i) one FTE teacher position for every 141 combined
2        ASE of pre-kindergarten children with disabilities and
3        all kindergarten through grade 12 students;
4            (ii) one FTE instructional assistant for every 141
5        combined ASE of pre-kindergarten children with
6        disabilities and all kindergarten through grade 12
7        students; and
8            (iii) one FTE psychologist position for every
9        1,000 combined ASE of pre-kindergarten children with
10        disabilities and all kindergarten through grade 12
11        students.
12    (3) For calculating the salaries included within the
13Essential Elements, the State Superintendent shall annually
14calculate average salaries to the nearest dollar using the
15employment information system data maintained by the State
16Board, limited to public schools only and excluding special
17education and vocational cooperatives, schools operated by the
18Department of Juvenile Justice, and charter schools, for the
19following positions:
20        (A) Teacher for grades K through 8.
21        (B) Teacher for grades 9 through 12.
22        (C) Teacher for grades K through 12.
23        (D) Guidance counselor for grades K through 8.
24        (E) Guidance counselor for grades 9 through 12.
25        (F) Guidance counselor for grades K through 12.
26        (G) Social worker.

 

 

10000SB0001ham002- 353 -LRB100 06371 MLM 27378 a

1        (H) Psychologist.
2        (I) Librarian.
3        (J) Nurse.
4        (K) Principal.
5        (L) Assistant principal.
6For the purposes of this paragraph (3),"teacher" includes core
7teachers, specialist and elective teachers, instructional
8facilitators, tutors, special education teachers, pupil
9support staff teachers, English learner teachers, extended-day
10teachers, and summer school teachers. Where specific grade data
11is not required for the Essential Elements, the average salary
12for corresponding positions shall apply. For substitute
13teachers, the average teacher salary for grades K through 12
14shall apply.
15    For calculating the salaries included within the Essential
16Elements for positions not included within EIS Data, the
17following salaries shall be used in the first year of
18implementation of Evidence-Based Funding:
19        (i) school site staff, $30,000; and
20        (ii) on-instructional assistant, instructional
21    assistant, library aide, library media tech, or
22    supervisory aide: $25,000.
23In the second and subsequent years of implementation of
24Evidence-Based Funding, the amounts in items (i) and (ii) of
25this paragraph (3) shall annually increase by the ECI.
26    The salary amounts for the Essential Elements determined

 

 

10000SB0001ham002- 354 -LRB100 06371 MLM 27378 a

1pursuant to subparagraphs (A) through (L), (S) and (T), and (V)
2through (X) of paragraph (2) of subsection (b) of this Section
3shall be multiplied by a Regionalization Factor.
4    (c) Local capacity calculation.
5    (1) Each Organizational Unit's Local Capacity represents
6an amount of funding it is assumed to contribute toward its
7Adequacy Target for purposes of the Evidence-Based Funding
8formula calculation. "Local Capacity" means either (i) the
9Organizational Unit's Local Capacity Target as calculated in
10accordance with paragraph (2) of this subsection (c) if its
11Real Receipts are equal to or less than its Local Capacity
12Target or (ii) the Organizational Unit's Adjusted Local
13Capacity, as calculated in accordance with paragraph (3) of
14this subsection (c) if Real Receipts are more than its Local
15Capacity Target.
16    (2) "Local Capacity Target" means, for an Organizational
17Unit, that dollar amount that is obtained by multiplying its
18Adequacy Target by its Local Capacity Ratio.
19        (A) An Organizational Unit's Local Capacity Percentage
20    is the conversion of the Organizational Unit's Local
21    Capacity Ratio, as such ratio is determined in accordance
22    with subparagraph (B) of this paragraph (2), into a normal
23    curve equivalent score to determine each Organizational
24    Unit's relative position to all other Organizational Units
25    in this State. The calculation of Local Capacity Percentage
26    is described in subparagraph (C) of this paragraph (2).

 

 

10000SB0001ham002- 355 -LRB100 06371 MLM 27378 a

1        (B) An Organizational Unit's Local Capacity Ratio in a
2    given year is the percentage obtained by dividing its
3    Adjusted EAV or PTELL EAV, whichever is less, by its
4    Adequacy Target, with the resulting ratio further adjusted
5    as follows:
6            (i) for Organizational Units serving grades
7        kindergarten through 12 and Hybrid Districts, no
8        further adjustments shall be made;
9            (ii) for Organizational Units serving grades
10        kindergarten through 8, the ratio shall be multiplied
11        by 9/13;
12            (iii) for Organizational Units serving grades 9
13        through 12, the Local Capacity Ratio shall be
14        multiplied by 4/13; and
15            (iv) for an Organizational Unit with a different
16        grade configuration than those specified in items (i)
17        through (iii) of this subparagraph (B), the State
18        Superintendent shall determine a comparable adjustment
19        based on the grades served.
20        (C) Local Capacity Percentage converts each
21    Organizational Unit's Local Capacity Ratio to a normal
22    curve equivalent score to determine each Organizational
23    Unit's relative position to all other Organizational Units
24    in this State. The Local Capacity Percentage normal curve
25    equivalent score for each Organizational Unit shall be
26    calculated using the standard normal distribution of the

 

 

10000SB0001ham002- 356 -LRB100 06371 MLM 27378 a

1    score in relation to the weighted mean and weighted
2    standard deviation and Local Capacity Ratios of all
3    Organizational Units. If the value assigned to any
4    Organizational Unit is in excess of 90%, the value shall be
5    adjusted to 90%. For Laboratory Schools, the Local Capacity
6    Percentage shall be set at 10% in recognition of the
7    absence of EAV and resources from the public university
8    that are allocated to the Laboratory School. The weighted
9    mean for the Local Capacity Percentage shall be determined
10    by multiplying each Organizational Unit's Local Capacity
11    Ratio times the ASE for the unit creating a weighted value,
12    summing the weighted values of all Organizational Units,
13    and dividing by the total ASE of all Organizational Units.
14    The weighted standard deviation shall be determined by
15    taking the square root of the weighted variance of all
16    Organizational Units' Local Capacity Ratio, where the
17    variance is calculated by squaring the difference between
18    each unit's Local Capacity Ratio and the weighted mean,
19    then multiplying the variance for each unit times the ASE
20    for the unit to create a weighted variance for each unit,
21    then summing all units' weighted variance and dividing by
22    the total ASE of all units.
23        (D) For a school district organized under Article 34 of
24    this Code, the school district's Adjusted Local Capacity
25    Target shall be reduced by the sum of the board of
26    education's remaining contribution pursuant to paragraph

 

 

10000SB0001ham002- 357 -LRB100 06371 MLM 27378 a

1    (iv) of subsection (b) of Section 17-129 of the Illinois
2    Pension Code, absent the fiscal year 2018 employer normal
3    cost portion of the required contribution and the amount
4    allowed pursuant to paragraph (3) of Section 17-142.1 of
5    the Illinois Pension Code, in a given year.
6    (3) If an Organizational Unit's Real Receipts are more than
7its Local Capacity Target, then its Local Capacity shall equal
8an Adjusted Local Capacity Target as calculated in accordance
9with this paragraph (3). The Adjusted Local Capacity Target is
10calculated as the sum of the Organizational Unit's Local
11Capacity Target and its Real Receipts Adjustment. The Real
12Receipts Adjustment equals the Organizational Unit's Real
13Receipts less its Local Capacity Target, with the resulting
14figure multiplied by the Local Capacity Percentage.
15    As used in this paragraph (3), "Real Percent of Adequacy"
16means the sum of an Organizational Unit's Real Receipts, CPPRT,
17and Base Funding Minimum, with the resulting figure divided by
18the Organizational Unit's Adequacy Target.
19    (d) Calculation of Real Receipts, EAV, and Adjusted EAV for
20purposes of the Local Capacity calculation.
21    (1) An Organizational Unit's Real Receipts are the product
22of its Applicable Tax Rate and its Adjusted EAV. An
23Organizational Unit's Applicable Tax Rate is its Adjusted
24Operating Tax Rate for property within the Organizational Unit.
25    (2) The State Superintendent shall calculate the Equalized
26Assessed Valuation, or EAV, of all taxable property of each

 

 

10000SB0001ham002- 358 -LRB100 06371 MLM 27378 a

1Organizational Unit as of September 30 of the previous year in
2accordance with paragraph (3) of this subsection (d). The State
3Superintendent shall then determine the Adjusted EAV of each
4Organizational Unit in accordance with paragraph (4) of this
5subsection (d), which Adjusted EAV figure shall be used for the
6purposes of calculating Local Capacity.
7    (3) To calculate Real Receipts and EAV, the Department of
8Revenue shall supply to the State Superintendent the value as
9equalized or assessed by the Department of Revenue of all
10taxable property of every Organizational Unit, together with
11(i) the applicable tax rate used in extending taxes for the
12funds of the Organizational Unit as of September 30 of the
13previous year and (ii) the limiting rate for all Organizational
14Units subject to property tax extension limitations as imposed
15under PTELL.
16        (A) The Department of Revenue shall add to the
17    equalized assessed value of all taxable property of each
18    Organizational Unit situated entirely or partially within
19    a county that is or was subject to the provisions of
20    Section 15-176 or 15-177 of the Property Tax Code (i) an
21    amount equal to the total amount by which the homestead
22    exemption allowed under Section 15-176 or 15-177 of the
23    Property Tax Code for real property situated in that
24    Organizational Unit exceeds the total amount that would
25    have been allowed in that Organizational Unit if the
26    maximum reduction under Section 15-176 was (I) $4,500 in

 

 

10000SB0001ham002- 359 -LRB100 06371 MLM 27378 a

1    Cook County or $3,500 in all other counties in tax year
2    2003 or (II) $5,000 in all counties in tax year 2004 and
3    thereafter and (ii) an amount equal to the aggregate amount
4    for the taxable year of all additional exemptions under
5    Section 15-175 of the Property Tax Code for owners with a
6    household income of $30,000 or less. The county clerk of
7    any county that is or was subject to the provisions of
8    Section 15-176 or 15-177 of the Property Tax Code shall
9    annually calculate and certify to the Department of Revenue
10    for each Organizational Unit all homestead exemption
11    amounts under Section 15-176 or 15-177 of the Property Tax
12    Code and all amounts of additional exemptions under Section
13    15-175 of the Property Tax Code for owners with a household
14    income of $30,000 or less. It is the intent of this
15    subparagraph (A) that if the general homestead exemption
16    for a parcel of property is determined under Section 15-176
17    or 15-177 of the Property Tax Code rather than Section
18    15-175, then the calculation of EAV shall not be affected
19    by the difference, if any, between the amount of the
20    general homestead exemption allowed for that parcel of
21    property under Section 15-176 or 15-177 of the Property Tax
22    Code and the amount that would have been allowed had the
23    general homestead exemption for that parcel of property
24    been determined under Section 15-175 of the Property Tax
25    Code. It is further the intent of this subparagraph (A)
26    that if additional exemptions are allowed under Section

 

 

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1    15-175 of the Property Tax Code for owners with a household
2    income of less than $30,000, then the calculation of EAV
3    shall not be affected by the difference, if any, because of
4    those additional exemptions.
5        (B) With respect to any part of an Organizational Unit
6    within a redevelopment project area in respect to which a
7    municipality has adopted tax increment allocation
8    financing pursuant to the Tax Increment Allocation
9    Redevelopment Act, Division 74.4 of the Illinois Municipal
10    Code, or the Industrial Jobs Recovery Law, Division 74.6 of
11    the Illinois Municipal Code, no part of the current EAV of
12    real property located in any such project area which is
13    attributable to an increase above the total initial EAV of
14    such property shall be used as part of the EAV of the
15    Organizational Unit, until such time as all redevelopment
16    project costs have been paid, as provided in Section
17    11-74.4-8 of the Tax Increment Allocation Redevelopment
18    Act or in Section 11-74.6-35 of the Industrial Jobs
19    Recovery Law. For the purpose of the EAV of the
20    Organizational Unit, the total initial EAV or the current
21    EAV, whichever is lower, shall be used until such time as
22    all redevelopment project costs have been paid.
23        (C) For Organizational Units that are Hybrid
24    Districts, the State Superintendent shall use the lesser of
25    the equalized assessed valuation for property within the
26    partial elementary unit district for elementary purposes,

 

 

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1    as defined in Article 11E of this Code, or the equalized
2    assessed valuation for property within the partial
3    elementary unit district for high school purposes, as
4    defined in Article 11E of this Code.
5    (4) An Organizational Unit's Adjusted EAV shall be the
6average of its EAV over the immediately preceding 3 years or
7its EAV in the immediately preceding year if the EAV in the
8immediately preceding year has declined by 10% or more compared
9to the 3-year average. In the event of Organizational Unit
10reorganization, consolidation, or annexation, the
11Organizational Unit's Adjusted EAV for the first 3 years after
12such change shall be as follows: the most current EAV shall be
13used in the first year, the average of a 2-year EAV or its EAV
14in the immediately preceding year if the EAV declines by 10% or
15more compared to the 2-year average for the second year, and a
163-year average EAV or its EAV in the immediately preceding year
17if the adjusted EAV declines by 10% or more compared to the
183-year average for the third year.
19    "PTELL EAV" means a figure calculated by the State Board
20for Organizational Units subject to PTELL as described in this
21paragraph (4) for the purposes of calculating an Organizational
22Unit's Local Capacity Ratio. Except as otherwise provided in
23this paragraph (4), for an Organizational Unit that has
24approved or does approve an increase in its limiting rate, the
25PTELL EAV of an Organizational Unit shall be equal to the
26product of the equalized assessed valuation last used in the

 

 

10000SB0001ham002- 362 -LRB100 06371 MLM 27378 a

1calculation of general State aid under Section 18-8.05 of this
2Code or Evidence-Based Funding under this Section and the
3Organizational Unit's Extension Limitation Ratio. If an
4Organizational Unit has approved or does approve an increase in
5its limiting rate, pursuant to Section 18-190 of the Property
6Tax Code, affecting the Base Tax Year, the PTELL EAV shall be
7equal to the product of the equalized assessed valuation last
8used in the calculation of general State aid under Section
918-8.05 of this Code or Evidence-Based Funding under this
10Section multiplied by an amount equal to one plus the
11percentage increase, if any, in the Consumer Price Index for
12All Urban Consumers for all items published by the United
13States Department of Labor for the 12-month calendar year
14preceding the Base Tax Year, plus the equalized assessed
15valuation of new property, annexed property, and recovered tax
16increment value and minus the equalized assessed valuation of
17disconnected property.
18    As used in this paragraph (4), "new property" and
19"recovered tax increment value" shall have the meanings set
20forth in the Property Tax Extension Limitation Law.
21    (e) Base Funding Minimum calculation.
22    (1) For the 2017-2018 school year, the Base Funding Minimum
23of an Organizational Unit, other than a Specially Funded Unit,
24shall be the amount of State funds distributed to the
25Organizational Unit during the 2016-2017 school year prior to
26any adjustments and specified appropriation amounts described

 

 

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1in this paragraph (1) from the following Sections, as
2calculated by the State Superintendent: Section 18-8.05 of this
3Code (general State aid); Section 5 of Article 224 of Public
4Act 99-524 (equity grants); Section 14-7.02b of this Code
5(funding for children requiring special education services);
6Section 14-13.01 of this Code (special education facilities and
7staffing), except for reimbursement of the cost of
8transportation pursuant to Section 14-13.01; Section 14C-12 of
9this Code (English learners); and Section 18-4.3 of this Code
10(summer school), based on an appropriation level of
11$13,121,600. For a school district organized under Article 34
12of this Code, the Base Funding Minimum also includes (i) the
13funds allocated to the school district pursuant to Section 1D-1
14of this Code attributable to funding programs authorized by the
15Sections of this Code listed in the preceding sentence; (ii)
16the difference between (I) the funds allocated to the school
17district pursuant to Section 1D-1 of this Code attributable to
18the funding programs authorized by Section 14-7.02 (non-public
19special education reimbursement), subsection (b) of Section
2014-13.01 (special education transportation), Section 29-5
21(transportation), Section 2-3.80 (agricultural education),
22Section 2-3.66 (truants' alternative education), Section
232-3.62 (educational service centers), and Section 14-7.03
24(special education – orphanage) of this Code and Section 15 of
25the Childhood Hunger Relief Act (free breakfast program) and
26(II) the school district's actual expenditures for its

 

 

10000SB0001ham002- 364 -LRB100 06371 MLM 27378 a

1non-public special education, special education
2transportation, transportation programs, agricultural
3education, truants' alternative education, services that would
4otherwise be performed by a regional office of education,
5special education orphanage expenditures, and free breakfast,
6as most recently calculated and reported pursuant to subsection
7(f) of Section 1D-1 of this Code; and (iii) in the year that a
8school district must initially pay for employer normal cost, or
9in the 2017-2018 school year if the district is required to pay
10for employer normal cost, an amount equal to the employer
11normal cost portion of the required contribution, as certified
12by the Public School Teachers' Pension and Retirement Fund of
13Chicago, plus the amount allowed pursuant to paragraph (3) of
14Section 17-142.1 of the Illinois Pension Code, to defray health
15insurance costs for the Public School Teachers' Pension and
16Retirement Fund of Chicago in fiscal year 2018 or, in the event
17a school district is responsble for the entirety of its normal
18pension cost, a normal cost amount as certified by the
19Teachers' Retirement System of the State of Illinois in the
20prior fiscal year. For Specially Funded Units, the Base Funding
21Minimum shall be the total amount of State funds allotted to
22the Specially Funded Unit during the 2016-2017 school year. The
23Base Funding Minimum for Glenwood Academy shall be $625,500.
24    (2) For the 2018-2019 and subsequent school years, the Base
25Funding Minimum of Organizational Units and Specially Funded
26Units shall be the sum of (i) the amount of Evidence-Based

 

 

10000SB0001ham002- 365 -LRB100 06371 MLM 27378 a

1Funding for the prior school year and (ii) the Base Funding
2Minimum for the prior school year.
3    (f) Percent of Adequacy and Final Resources calculation.
4    (1) The Evidence-Based Funding formula establishes a
5Percent of Adequacy for each Organizational Unit in order to
6place such units into tiers for the purposes of the funding
7distribution system described in subsection (g) of this
8Section. Initially, an Organizational Unit's Preliminary
9Resources and Preliminary Percent of Adequacy are calculated
10pursuant to paragraph (2) of this subsection (f). Then, an
11Organizational Unit's Final Resources and Final Percent of
12Adequacy are calculated to account for the Organizational
13Unit's poverty concentration levels pursuant to paragraphs (3)
14and (4) of this subsection (f).
15    (2) An Organizational Unit's Preliminary Resources are
16equal to the sum of its Local Capacity Target, CPPRT, and Base
17Funding Minimum. An Organizational Unit's Preliminary Percent
18of Adequacy is the lesser of (i) its Preliminary Resources
19divided by its Adequacy Target or (ii) 100%.
20    (3) Except for Specially Funded Units, an Organizational
21Unit's Final Resources are equal the sum of its Local Capacity,
22CPPRT, and Adjusted Base Funding Minimum. The Base Funding
23Minimum of each Specially Funded Unit shall serve as its Final
24Resources, except that the Base Funding Minimum for
25State-approved charter schools shall not include any portion of
26general State aid allocated in the prior year based on the per

 

 

10000SB0001ham002- 366 -LRB100 06371 MLM 27378 a

1capita tuition charge times the charter school enrollment.
2    (4) An Organizational Unit's Final Percent of Adequacy is
3its Final Resources divided by its Adequacy Target. A
4Organizational Unit's Adjusted Base Funding Minimum is equal to
5its Base Funding Minimum less its Supplemental Grant Funding,
6with the resulting figure added to the product of its
7Supplemental Grant Funding and Preliminary Percent of
8Adequacy.
9    (g) Evidence-Based Funding formula distribution system.
10    (1) In each school year under the Evidence-Based Funding
11formula, each Organizational Unit receives funding equal to the
12sum of its Base Funding Minimum and the unit's allocation of
13New State Funds determined pursuant to this subsection (g). To
14allocate New State Funds, the Evidence-Based Funding formula
15distribution system first places all Organizational Units into
16one of 4 tiers in accordance with paragraph (3) of this
17subsection (g), based on the Organizational Unit's Final
18Percent of Adequacy. New State Funds are allocated to each of
19the 4 tiers as follows: Tier 1 Aggregate Funding equals 50% of
20all New State Funds, Tier 2 Aggregate Funding equals 49% of all
21New State Funds, Tier 3 Aggregate Funding equals 0.9% of all
22New State Funds, and Tier 4 Aggregate Funding equals 0.1% of
23all New State Funds. Each Organizational Unit within Tier 1 or
24Tier 2 receives an allocation of New State Funds equal to its
25tier Funding Gap, as defined in the following sentence,
26multiplied by the tier's Allocation Rate determined pursuant to

 

 

10000SB0001ham002- 367 -LRB100 06371 MLM 27378 a

1paragraph (4) of this subsection (g). For Tier 1, an
2Organizational Unit's Funding Gap equals the tier's Target
3Ratio, as specified in paragraph (5) of this subsection (g),
4multiplied by the Organizational Unit's Adequacy Target, with
5the resulting amount reduced by the Organizational Unit's Final
6Resources. For Tier 2, an Organizational Unit's Funding Gap
7equals the tier's Target Ratio, as described in paragraph (5)
8of this subsection (g), multiplied by the Organizational Unit's
9Adequacy Target, with the resulting amount reduced by the
10Organizational Unit's Final Resources and its Tier 1 funding
11allocation. To determine the Organizational Unit's Funding
12Gap, the resulting amount is then multiplied by a factor equal
13to one minus the Organizational Unit's Local Capacity Target
14percentage. Each Organizational Unit within Tier 3 or Tier 4
15receives an allocation of New State Funds equal to the product
16of its Adequacy Target and the tier's Allocation Rate, as
17specified in paragraph (4) of this subsection (g).
18    (2) To ensure equitable distribution of dollars for all
19Tier 2 Organizational Units, no Tier 2 Organizational Unit
20shall receive fewer dollars per ASE than any Tier 3
21Organizational Unit. Each Tier 2 and Tier 3 Organizational Unit
22shall have its funding allocation divided by its ASE. Any Tier
232 Organizational Unit with a funding allocation per ASE below
24the greatest Tier 3 allocation per ASE shall get a funding
25allocation equal to the greatest Tier 3 funding allocation per
26ASE multiplied by the Organizational Unit's ASE. Each Tier 2

 

 

10000SB0001ham002- 368 -LRB100 06371 MLM 27378 a

1Organizational Unit's Tier 2 funding allocation shall be
2multiplied by the percentage calculated by dividing the
3original Tier 2 Aggregate Funding by the sum of all Tier 2
4Organizational Unit's Tier 2 funding allocation after
5adjusting districts' funding below Tier 3 levels.
6    (3) Organizational Units are placed into one of 4 tiers as
7follows:
8        (A) Tier 1 consists of all Organizational Units, except
9    for Specially Funded Units, with a Percent of Adequacy less
10    than the Tier 1 Target Ratio. The Tier 1 Target Ratio is
11    the ratio level that allows for Tier 1 Aggregate Funding to
12    be distributed, with the Tier 1 Allocation Rate determined
13    pursuant to paragraph (4) of this subsection (g).
14        (B) Tier 2 consists of all Tier 1 Units and all other
15    Organizational Units, except for Specially Funded Units,
16    with a Percent of Adequacy of less than 0.90.
17        (C) Tier 3 consists of all Organizational Units, except
18    for Specially Funded Units, with a Percent of Adequacy of
19    at least 0.90 and less than 1.0.
20        (D) Tier 4 consists of all Organizational Units with a
21    Percent of Adequacy of at least 1.0 and Specially Funded
22    Units, excluding Glenwood Academy.
23    (4) The Allocation Rates for Tiers 1 through 4 is
24determined as follows:
25        (A) The Tier 1 Allocation Rate is 30%.
26        (B) The Tier 2 Allocation Rate is the result of the

 

 

10000SB0001ham002- 369 -LRB100 06371 MLM 27378 a

1    following equation: Tier 2 Aggregate Funding, divided by
2    the sum of the Funding Gaps for all Tier 2 Organizational
3    Units, unless the result of such equation is higher than
4    1.0. If the result of such equation is higher than 1.0,
5    then the Tier 2 Allocation Rate is 1.0.
6        (C) The Tier 3 Allocation Rate is the result of the
7    following equation: Tier 3 Aggregate Funding, divided by
8    the sum of the Adequacy Targets of all Tier 3
9    Organizational Units.
10        (D) The Tier 4 Allocation Rate is the result of the
11    following equation: Tier 4 Aggregate Funding, divided by
12    the sum of the Adequacy Targets of all Tier 4
13    Organizational Units.
14    (5) A tier's Target Ratio is determined as follows:
15        (A) The Tier 1 Target Ratio is the ratio level that
16    allows for Tier 1 Aggregate Funding to be distributed with
17    the Tier 1 Allocation Rate.
18        (B) The Tier 2 Target Ratio is 0.90.
19        (C) The Tier 3 Target Ratio is 1.0.
20    (6) If, at any point, the Tier 1 Target Ratio is greater
21than 90%, than all Tier 1 funding shall be allocated to Tier 2
22and no Tier 1 Organizational Unit's funding may be identified.
23    (7) In the event that all Tier 2 Organizational Units
24receive funding at the Tier 2 Target Ratio level, any remaining
25New State Funds shall be allocated to Tier 3 and Tier 4
26Organizational Units.

 

 

10000SB0001ham002- 370 -LRB100 06371 MLM 27378 a

1    (8) If any Specially Funded Units, excluding Glenwood
2Academy, recognized by the State Board do not qualify for
3direct funding following the implementation of this amendatory
4Act of the 100th General Assembly from any of the funding
5sources included within the definition of Base Funding Minimum,
6the unqualified portion of the Base Funding Minimum shall be
7transferred to one or more appropriate Organizational Units as
8determined by the State Superintendent based on the prior year
9ASE of the Organizational Units.
10    (9) The Minimum Funding Level is intended to establish a
11target for State funding that will keep pace with inflation and
12continue to advance equity through the Evidence-Based Funding
13formula. The Minimum Funding Level is equal to the sum of 1% of
14the State Adequacy Level, plus $93,000,000. If New State Funds
15are less than the Minimum Funding Level, than funding for tiers
16shall be reduced in the following manner:
17        (A) First, Tier 4 funding shall be reduced by an amount
18    equal to the difference between the Minimum Funding Level
19    and New State Funds until such time as Tier 4 funding is
20    exhausted.
21        (B) Next, Tier 3 funding shall be reduced by an amount
22    equal to the difference between the Minimum Funding Level
23    and New State Funds and the reduction in Tier 4 funding
24    until such time as Tier 3 funding is exhausted.
25        (C) Next, Tier 2 funding shall be reduced by an amount
26    equal to the difference between the Minimum Funding level

 

 

10000SB0001ham002- 371 -LRB100 06371 MLM 27378 a

1    and new State Funds and the reduction Tier 4 and Tier 3.
2    Finally, Tier 1 funding shall be reduced by an amount equal
3    to the difference between the Minimum Funding level and New
4    State Funds and the reduction in Tier 2, 3, and 4 funding.
5    In addition, the Allocation Rate for Tier 1 shall be
6    reduced to a percentage equal to 50%, multiplied by the
7    result of New State Funds divided by the Minimum Funding
8    Level.
9    (10) In the event of a decrease in the amount of the
10appropriation for this Section in any fiscal year after
11implementation of this Section, the Organizational Units
12receiving Tier 1 and Tier 2 funding, as determined under
13paragraph (3) of this subsection (g), shall be held harmless by
14establishing a Base Funding Guarantee equal to the per pupil
15kindergarten through grade 12 funding received in accordance
16with this Section in the prior fiscal year. Reductions shall be
17made to the Base Funding Minimum of Organizational Units in
18Tier 3 and Tier 4 on a per pupil basis equivalent to the total
19number of the ASE in Tier 3-funded and Tier 4-funded
20Organizational Units divided by the total reduction in State
21funding. The Base Funding Minimum as reduced shall continue to
22be applied to Tier 3 and Tier 4 Organizational Units and
23adjusted by the relative formula when increases in
24appropriations for this Section resume. In no event may State
25funding reductions to Organizational Units in Tier 3 or Tier 4
26exceed an amount that would be less than the Base Funding

 

 

10000SB0001ham002- 372 -LRB100 06371 MLM 27378 a

1Minimum established in the first year of implementation of this
2Section. If additional reductions are required, all school
3districts shall receive a reduction by a per pupil amount equal
4to the aggregate additional appropriation reduction divided by
5the total ASE of all Organizational Units.
6    (11) The State Superintendent shall make minor adjustments
7to the distribution formulae set forth in this subsection (g)
8to account for the rounding of percentages to the nearest tenth
9of a percentage and dollar amounts to the nearest whole dollar.
10    (h) State Superintendent administration of funding and
11district submission requirements.
12    (1) The State Superintendent shall, in accordance with
13appropriations made by the General Assembly, meet the funding
14obligations created under this Section.
15    (2) The State Superintendent shall calculate the Adequacy
16Target for each Organizational Unit and Net State Contribution
17Target for each Organizational Unit under this Section. The
18State Superintendent shall also certify the actual amounts of
19the New State Funds payable for each eligible Organizational
20Unit based on the equitable distribution calculation to the
21unit's treasurer, as soon as possible after such amounts are
22calculated, including any applicable adjusted charge-off
23increase. No Evidence-Based Funding shall be distributed
24within an Organizational Unit without the approval of the
25unit's school board.
26    (3) Annually, the State Superintendent shall calculate and

 

 

10000SB0001ham002- 373 -LRB100 06371 MLM 27378 a

1report to each Organizational Unit the unit's aggregate
2financial adequacy amount, which shall be the sum of the
3Adequacy Target for each Organizational Unit. The State
4Superintendent shall calculate and report separately for each
5Organizational Unit the unit's total State funds allocated for
6its students with disabilities. The State Superintendent shall
7calculate and report separately for each Organizational Unit
8the amount of funding and applicable FTE calculated for each
9Essential Element of the unit's Adequacy Target.
10    (4) Annually, the State Superintendent shall calculate and
11report to each Organizational Unit the amount the unit must
12expend on special education and bilingual education pursuant to
13the unit's Base Funding Minimum, Special Education Allocation,
14and Bilingual Education Allocation.
15    (5) Moneys distributed under this Section shall be
16calculated on a school year basis, but paid on a fiscal year
17basis, with payments beginning in August and extending through
18June. Unless otherwise provided, the moneys appropriated for
19each fiscal year shall be distributed in 22 equal payments at
20least 2 times monthly to each Organizational Unit. The State
21Board shall publish a yearly distribution schedule at its
22meeting in June. If moneys appropriated for any fiscal year are
23distributed other than monthly, the distribution shall be on
24the same basis for each Organizational Unit.
25    (6) Any school district that fails, for any given school
26year, to maintain school as required by law or to maintain a

 

 

10000SB0001ham002- 374 -LRB100 06371 MLM 27378 a

1recognized school is not eligible to receive Evidence-Based
2Funding. In case of non-recognition of one or more attendance
3centers in a school district otherwise operating recognized
4schools, the claim of the district shall be reduced in the
5proportion that the enrollment in the attendance center or
6centers bears to the enrollment of the school district.
7"Recognized school" means any public school that meets the
8standards for recognition by the State Board. A school district
9or attendance center not having recognition status at the end
10of a school term is entitled to receive State aid payments due
11upon a legal claim that was filed while it was recognized.
12    (7) School district claims filed under this Section are
13subject to Sections 18-9 and 18-12 of this Code, except as
14otherwise provided in this Section.
15    (8) Each fiscal year, the State Superintendent shall
16calculate for each Organizational Unit an amount of its Base
17Funding Minimum and Evidence-Based Funding that shall be deemed
18attributable to the provision of special educational
19facilities and services, as defined in Section 14-1.08 of this
20Code, in a manner that ensures compliance with maintenance of
21State financial support requirements under the federal
22Individuals with Disabilities Education Act. An Organizational
23Unit must use such funds only for the provision of special
24educational facilities and services, as defined in Section
2514-1.08 of this Code, and must comply with any expenditure
26verification procedures adopted by the State Board.

 

 

10000SB0001ham002- 375 -LRB100 06371 MLM 27378 a

1    (9) All Organizational Units in this State must submit
2annual spending plans by the end of September of each year to
3the State Board as part of the annual budget process, which
4shall describe how each Organizational Unit will utilize the
5Base Minimum Funding and Evidence-Based funding it receives
6from this State under this Section with specific identification
7of the intended utilization of Low-Income, EL, and special
8education resources. Additionally, the annual spending plans
9of each Organizational Unit shall describe how the
10Organizational Unit expects to achieve student growth and how
11the Organizational Unit will achieve State education goals, as
12defined by the State Board. The State Superintendent may, from
13time to time, identify additional requisites for
14Organizational Units to satisfy when compiling the annual
15spending plans required under this subsection (h). The format
16and scope of annual spending plans shall be developed by the
17State Superintendent in conjunction with the Professional
18Review Panel.
19    (10) No later than January 1, 2018, the State
20Superintendent shall develop a 5-year strategic plan for all
21Organizational Units to help in planning for adequacy funding
22under this Section. The State Superintendent shall submit the
23plan to the Governor and the General Assembly, as provided in
24Section 3.1 of the General Assembly Organization Act. The plan
25shall include recommendations for:
26        (A) a framework for collaborative, professional,

 

 

10000SB0001ham002- 376 -LRB100 06371 MLM 27378 a

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
16review the implementation and effect of the Evidence-Based
17Funding model under this Section and to recommend continual
18recalibration and future study topics and modifications to the
19Evidence-Based Funding model. The Panel shall elect a
20chairperson and vice chairperson by a majority vote of the
21Panel and shall advance recommendations based on a majority
22vote of the Panel. A minority opinion may also accompany any
23recommendation of the majority of the Panel. The Panel shall be
24appointed by the State Superintendent, except as otherwise
25provided in paragraph (2) of this subsection (i) and include
26the following members:

 

 

10000SB0001ham002- 377 -LRB100 06371 MLM 27378 a

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

 

 

10000SB0001ham002- 378 -LRB100 06371 MLM 27378 a

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.
11The State Superintendent shall ensure that the membership of
12the Panel includes representatives from school districts and
13communities reflecting the geographic, socio-economic, racial,
14and ethnic diversity of this State. The State Superintendent
15shall additionally ensure that the membership of the Panel
16includes representatives with expertise in bilingual education
17and special education. Staff from the State Board shall staff
18the Panel.
19    (2) In addition to those Panel members appointed by the
20State Superintendent, 4 members of the General Assembly shall
21be appointed as follows: one member of the House of
22Representatives appointed by the Speaker of the House of
23Representatives, one member of the Senate appointed by the
24President of the Senate, one member of the House of
25Representatives appointed by the Minority Leader of the House
26of Representatives, and one member of the Senate appointed by

 

 

10000SB0001ham002- 379 -LRB100 06371 MLM 27378 a

1the Minority Leader of the Senate. There shall be one
2additional member appointed by the Governor. All members
3appointed by legislative leaders or the Governor shall be
4non-voting, ex officio members.
5    (3) On an annual basis, the State Superintendent shall
6recalibrate the following per pupil elements of the Adequacy
7Target and applied to the formulas, based on the Panel's study
8of average expenses as reported in the most recent annual
9financial 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
23following elements and make recommendations to the State Board,
24the General Assembly, and the Governor for modification of this
25Section:
26        (A) The format and scope of annual spending plans

 

 

10000SB0001ham002- 380 -LRB100 06371 MLM 27378 a

1    referenced in paragraph (9) of subsection (h) of this
2    Section.
3        (B) The Comparable Wage Index under this Section, to be
4    studied by the Panel and reestablished by the State
5    Superintendent every 5 years.
6        (C) Maintenance and operations. Within 5 years after
7    the implementation of this Section, the Panel shall make
8    recommendations for the further study of maintenance and
9    operations costs, including capital maintenance costs, and
10    recommend any additional reporting data required from
11    Organizational Units.
12        (D) "At-risk student" definition. Within 5 years after
13    the implementation of this Section, the Panel shall make
14    recommendations for the further study and determination of
15    an "at-risk student" definition. Within 5 years after the
16    implementation of this Section, the Panel shall evaluate
17    and make recommendations regarding adequate funding for
18    poverty concentration under the Evidence-Based Funding
19    model.
20        (E) Benefits. Within 5 years after the implementation
21    of this Section, the Panel shall make recommendations for
22    further study of benefit costs.
23        (F) Technology. The per pupil target for technology
24    shall be reviewed every 3 years to determine whether
25    current allocations are sufficient to develop 21st century
26    learning in all classrooms in this State and supporting a

 

 

10000SB0001ham002- 381 -LRB100 06371 MLM 27378 a

1    one-to-one technological device program in each school.
2    Recommendations shall be made no later than 3 years after
3    the implementation of this Section.
4        (G) Local Capacity Target. Within 3 years after the
5    implementation of this Section, the Panel shall make
6    recommendations for any additional data desired to analyze
7    possible modifications to the Local Capacity Target, to be
8    based on measures in addition to solely EAV and to be
9    completed within 5 years after implementation of this
10    Section.
11        (H) Funding for Alternative Schools, Laboratory
12    Schools, safe schools, and alternative learning
13    opportunities programs. By the beginning of the 2021-2022
14    school year, the Panel shall study and make recommendations
15    regarding the funding levels for Alternative Schools,
16    Laboratory Schools, safe schools, and alternative learning
17    opportunities programs in this State.
18        (I) Funding for college and career acceleration
19    strategies. By the beginning of the 2021-2022 school year,
20    the Panel shall study and make recommendations regarding
21    funding levels to support college and career acceleration
22    strategies in high school that have been demonstrated to
23    result in improved secondary and postsecondary outcomes,
24    including Advanced Placement, dual-credit opportunities,
25    and college and career pathway systems.
26        (J) Special education investments. By the beginning of

 

 

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1    the 2021-2022 school year, the Panel shall study and make
2    recommendations on whether and how to account for
3    disability types within the special education funding
4    category.
5        (K) Early childhood investments. In collaboration with
6    the Illinois Early Learning Council, the Panel shall
7    include an analysis of what level of Preschool for All
8    Children funding would be necessary to serve all children
9    ages 0 through 5 years in the highest-priority service
10    tier, as specified in paragraph (4.5) of subsection (a) of
11    Section 2-3.71 of this Code, and an analysis of the
12    potential cost savings that that level of Preschool for All
13    Children investment would have on the kindergarten through
14    grade 12 system.
15    (5) Within 5 years after the implementation of this
16Section, the Panel shall complete an evaluative study of the
17entire Evidence-Based Funding model, including an assessment
18of whether or not the formula is achieving State goals. The
19Panel shall report to the State Board, the General Assembly,
20and the Governor on the findings of the study.
21    (6) Within 3 years after the implementation of this
22Section, the Panel shall evaluate and provide recommendations
23to the Governor and the General Assembly on the hold-harmless
24provisions of this Section found in the Base Funding Minimum.
25    (j) References. Beginning July 1, 2017, references in other
26laws to general State aid funds or calculations under Section

 

 

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118-8.05 of this Code shall be deemed to be references to
2evidence-based model formula funds or calculations under this
3Section.
 
4    (105 ILCS 5/18-9)  (from Ch. 122, par. 18-9)
5    Sec. 18-9. Requirement for special equalization and
6supplementary State aid. If property comprising an aggregate
7assessed valuation equal to 6% or more of the total assessed
8valuation of all taxable property in a school district is owned
9by a person or corporation that is the subject of bankruptcy
10proceedings or that has been adjudged bankrupt and, as a result
11thereof, has not paid taxes on the property, then the district
12may amend its general State aid or evidence-based funding claim
13(i) back to the inception of the bankruptcy, not to exceed 6
14years, in which time those taxes were not paid and (ii) for
15each succeeding year that those taxes remain unpaid, by adding
16to the claim an amount determined by multiplying the assessed
17valuation of the property on which taxes have not been paid due
18to the bankruptcy by the lesser of the total tax rate for the
19district for the tax year for which the taxes are unpaid or the
20applicable rate used in calculating the district's general
21State aid under paragraph (3) of subsection (D) of Section
2218-8.05 of this Code or evidence-based funding under Section
2318-8.15 of this Code, as applicable. If at any time a district
24that receives additional State aid under this Section receives
25tax revenue from the property for the years that taxes were not

 

 

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1paid, the district's next claim for State aid shall be reduced
2in an amount equal to the taxes paid on the property, not to
3exceed the additional State aid received under this Section.
4Claims under this Section shall be filed on forms prescribed by
5the State Superintendent of Education, and the State
6Superintendent of Education, upon receipt of a claim, shall
7adjust the claim in accordance with the provisions of this
8Section. Supplementary State aid for each succeeding year under
9this Section shall be paid beginning with the first general
10State aid or evidence-based funding claim paid after the
11district has filed a completed claim in accordance with this
12Section.
13(Source: P.A. 95-496, eff. 8-28-07.)
 
14    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
15    Sec. 18-12. Dates for filing State aid claims. The school
16board of each school district, a regional office of education,
17a laboratory school, or a State-authorized charter school shall
18require teachers, principals, or superintendents to furnish
19from records kept by them such data as it needs in preparing
20and certifying to the State Superintendent of Education its
21report of claims provided in Section 18-8.05 of this Code. The
22claim shall be based on the latest available equalized assessed
23valuation and tax rates, as provided in Section 18-8.05 or
2418-8.15, shall use the average daily attendance as determined
25by the method outlined in Section 18-8.05 or 18-8.15, and shall

 

 

10000SB0001ham002- 385 -LRB100 06371 MLM 27378 a

1be certified and filed with the State Superintendent of
2Education by June 21 for districts and State-authorized charter
3schools with an official school calendar end date before June
415 or within 2 weeks following the official school calendar end
5date for districts, regional offices of education, laboratory
6schools, or State-authorized charter schools with a school year
7end date of June 15 or later. Failure to so file by these
8deadlines constitutes a forfeiture of the right to receive
9payment by the State until such claim is filed. The State
10Superintendent of Education shall voucher for payment those
11claims to the State Comptroller as provided in Section 18-11.
12    Except as otherwise provided in this Section, if any school
13district fails to provide the minimum school term specified in
14Section 10-19, the State aid claim for that year shall be
15reduced by the State Superintendent of Education in an amount
16equivalent to 1/176 or .56818% for each day less than the
17number of days required by this Code.
18    If the State Superintendent of Education determines that
19the failure to provide the minimum school term was occasioned
20by an act or acts of God, or was occasioned by conditions
21beyond the control of the school district which posed a
22hazardous threat to the health and safety of pupils, the State
23aid claim need not be reduced.
24    If a school district is precluded from providing the
25minimum hours of instruction required for a full day of
26attendance due to an adverse weather condition or a condition

 

 

10000SB0001ham002- 386 -LRB100 06371 MLM 27378 a

1beyond the control of the school district that poses a
2hazardous threat to the health and safety of students, then the
3partial day of attendance may be counted if (i) the school
4district has provided at least one hour of instruction prior to
5the closure of the school district, (ii) a school building has
6provided at least one hour of instruction prior to the closure
7of the school building, or (iii) the normal start time of the
8school district is delayed.
9    If, prior to providing any instruction, a school district
10must close one or more but not all school buildings after
11consultation with a local emergency response agency or due to a
12condition beyond the control of the school district, then the
13school district may claim attendance for up to 2 school days
14based on the average attendance of the 3 school days
15immediately preceding the closure of the affected school
16building or, if approved by the State Board of Education,
17utilize the provisions of an e-learning program for the
18affected school building as prescribed in Section 10-20.56 of
19this Code. The partial or no day of attendance described in
20this Section and the reasons therefore shall be certified
21within a month of the closing or delayed start by the school
22district superintendent to the regional superintendent of
23schools for forwarding to the State Superintendent of Education
24for approval.
25    Other than the utilization of any e-learning days as
26prescribed in Section 10-20.56 of this Code, no exception to

 

 

10000SB0001ham002- 387 -LRB100 06371 MLM 27378 a

1the requirement of providing a minimum school term may be
2approved by the State Superintendent of Education pursuant to
3this Section unless a school district has first used all
4emergency days provided for in its regular calendar.
5    If the State Superintendent of Education declares that an
6energy shortage exists during any part of the school year for
7the State or a designated portion of the State, a district may
8operate the school attendance centers within the district 4
9days of the week during the time of the shortage by extending
10each existing school day by one clock hour of school work, and
11the State aid claim shall not be reduced, nor shall the
12employees of that district suffer any reduction in salary or
13benefits as a result thereof. A district may operate all
14attendance centers on this revised schedule, or may apply the
15schedule to selected attendance centers, taking into
16consideration such factors as pupil transportation schedules
17and patterns and sources of energy for individual attendance
18centers.
19    Electronically submitted State aid claims shall be
20submitted by duly authorized district individuals over a secure
21network that is password protected. The electronic submission
22of a State aid claim must be accompanied with an affirmation
23that all of the provisions of Sections 18-8.05, 10-22.5, and
2424-4 of this Code are met in all respects.
25(Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16.)
 

 

 

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1    (105 ILCS 5/26-16)
2    Sec. 26-16. Graduation incentives program.
3    (a) The General Assembly finds that it is critical to
4provide options for children to succeed in school. The purpose
5of this Section is to provide incentives for and encourage all
6Illinois students who have experienced or are experiencing
7difficulty in the traditional education system to enroll in
8alternative programs.
9    (b) Any student who is below the age of 20 years is
10eligible to enroll in a graduation incentives program if he or
11she:
12        (1) is considered a dropout pursuant to Section 26-2a
13    of this Code;
14        (2) has been suspended or expelled pursuant to Section
15    10-22.6 or 34-19 of this Code;
16        (3) is pregnant or is a parent;
17        (4) has been assessed as chemically dependent; or
18        (5) is enrolled in a bilingual education or LEP
19    program.
20    (c) The following programs qualify as graduation
21incentives programs for students meeting the criteria
22established in this Section:
23        (1) Any public elementary or secondary education
24    graduation incentives program established by a school
25    district or by a regional office of education.
26        (2) Any alternative learning opportunities program

 

 

10000SB0001ham002- 389 -LRB100 06371 MLM 27378 a

1    established pursuant to Article 13B of this Code.
2        (3) Vocational or job training courses approved by the
3    State Superintendent of Education that are available
4    through the Illinois public community college system.
5    Students may apply for reimbursement of 50% of tuition
6    costs for one course per semester or a maximum of 3 courses
7    per school year. Subject to available funds, students may
8    apply for reimbursement of up to 100% of tuition costs upon
9    a showing of employment within 6 months after completion of
10    a vocational or job training program. The qualifications
11    for reimbursement shall be established by the State
12    Superintendent of Education by rule.
13        (4) Job and career programs approved by the State
14    Superintendent of Education that are available through
15    Illinois-accredited private business and vocational
16    schools. Subject to available funds, pupils may apply for
17    reimbursement of up to 100% of tuition costs upon a showing
18    of employment within 6 months after completion of a job or
19    career program. The State Superintendent of Education
20    shall establish, by rule, the qualifications for
21    reimbursement, criteria for determining reimbursement
22    amounts, and limits on reimbursement.
23        (5) Adult education courses that offer preparation for
24    high school equivalency testing.
25    (d) Graduation incentives programs established by school
26districts are entitled to claim general State aid and

 

 

10000SB0001ham002- 390 -LRB100 06371 MLM 27378 a

1evidence-based funding, subject to Sections 13B-50, 13B-50.5,
2and 13B-50.10 of this Code. Graduation incentives programs
3operated by regional offices of education are entitled to
4receive general State aid and evidence-based funding at the
5foundation level of support per pupil enrolled. A school
6district must ensure that its graduation incentives program
7receives supplemental general State aid, transportation
8reimbursements, and special education resources, if
9appropriate, for students enrolled in the program.
10(Source: P.A. 98-718, eff. 1-1-15.)
 
11    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)
12    (Text of Section before amendment by P.A. 99-927)
13    Sec. 27-8.1. Health examinations and immunizations.
14    (1) In compliance with rules and regulations which the
15Department of Public Health shall promulgate, and except as
16hereinafter provided, all children in Illinois shall have a
17health examination as follows: within one year prior to
18entering kindergarten or the first grade of any public,
19private, or parochial elementary school; upon entering the
20sixth and ninth grades of any public, private, or parochial
21school; prior to entrance into any public, private, or
22parochial nursery school; and, irrespective of grade,
23immediately prior to or upon entrance into any public, private,
24or parochial school or nursery school, each child shall present
25proof of having been examined in accordance with this Section

 

 

10000SB0001ham002- 391 -LRB100 06371 MLM 27378 a

1and the rules and regulations promulgated hereunder. Any child
2who received a health examination within one year prior to
3entering the fifth grade for the 2007-2008 school year is not
4required to receive an additional health examination in order
5to comply with the provisions of Public Act 95-422 when he or
6she attends school for the 2008-2009 school year, unless the
7child is attending school for the first time as provided in
8this paragraph.
9    A tuberculosis skin test screening shall be included as a
10required part of each health examination included under this
11Section if the child resides in an area designated by the
12Department of Public Health as having a high incidence of
13tuberculosis. Additional health examinations of pupils,
14including eye examinations, may be required when deemed
15necessary by school authorities. Parents are encouraged to have
16their children undergo eye examinations at the same points in
17time required for health examinations.
18    (1.5) In compliance with rules adopted by the Department of
19Public Health and except as otherwise provided in this Section,
20all children in kindergarten and the second and sixth grades of
21any public, private, or parochial school shall have a dental
22examination. Each of these children shall present proof of
23having been examined by a dentist in accordance with this
24Section and rules adopted under this Section before May 15th of
25the school year. If a child in the second or sixth grade fails
26to present proof by May 15th, the school may hold the child's

 

 

10000SB0001ham002- 392 -LRB100 06371 MLM 27378 a

1report card until one of the following occurs: (i) the child
2presents proof of a completed dental examination or (ii) the
3child presents proof that a dental examination will take place
4within 60 days after May 15th. The Department of Public Health
5shall establish, by rule, a waiver for children who show an
6undue burden or a lack of access to a dentist. Each public,
7private, and parochial school must give notice of this dental
8examination requirement to the parents and guardians of
9students at least 60 days before May 15th of each school year.
10    (1.10) Except as otherwise provided in this Section, all
11children enrolling in kindergarten in a public, private, or
12parochial school on or after the effective date of this
13amendatory Act of the 95th General Assembly and any student
14enrolling for the first time in a public, private, or parochial
15school on or after the effective date of this amendatory Act of
16the 95th General Assembly shall have an eye examination. Each
17of these children shall present proof of having been examined
18by a physician licensed to practice medicine in all of its
19branches or a licensed optometrist within the previous year, in
20accordance with this Section and rules adopted under this
21Section, before October 15th of the school year. If the child
22fails to present proof by October 15th, the school may hold the
23child's report card until one of the following occurs: (i) the
24child presents proof of a completed eye examination or (ii) the
25child presents proof that an eye examination will take place
26within 60 days after October 15th. The Department of Public

 

 

10000SB0001ham002- 393 -LRB100 06371 MLM 27378 a

1Health shall establish, by rule, a waiver for children who show
2an undue burden or a lack of access to a physician licensed to
3practice medicine in all of its branches who provides eye
4examinations or to a licensed optometrist. Each public,
5private, and parochial school must give notice of this eye
6examination requirement to the parents and guardians of
7students in compliance with rules of the Department of Public
8Health. Nothing in this Section shall be construed to allow a
9school to exclude a child from attending because of a parent's
10or guardian's failure to obtain an eye examination for the
11child.
12    (2) The Department of Public Health shall promulgate rules
13and regulations specifying the examinations and procedures
14that constitute a health examination, which shall include the
15collection of data relating to obesity (including at a minimum,
16date of birth, gender, height, weight, blood pressure, and date
17of exam), and a dental examination and may recommend by rule
18that certain additional examinations be performed. The rules
19and regulations of the Department of Public Health shall
20specify that a tuberculosis skin test screening shall be
21included as a required part of each health examination included
22under this Section if the child resides in an area designated
23by the Department of Public Health as having a high incidence
24of tuberculosis. The Department of Public Health shall specify
25that a diabetes screening as defined by rule shall be included
26as a required part of each health examination. Diabetes testing

 

 

10000SB0001ham002- 394 -LRB100 06371 MLM 27378 a

1is not required.
2    Physicians licensed to practice medicine in all of its
3branches, licensed advanced practice nurses, or licensed
4physician assistants shall be responsible for the performance
5of the health examinations, other than dental examinations, eye
6examinations, and vision and hearing screening, and shall sign
7all report forms required by subsection (4) of this Section
8that pertain to those portions of the health examination for
9which the physician, advanced practice nurse, or physician
10assistant is responsible. If a registered nurse performs any
11part of a health examination, then a physician licensed to
12practice medicine in all of its branches must review and sign
13all required report forms. Licensed dentists shall perform all
14dental examinations and shall sign all report forms required by
15subsection (4) of this Section that pertain to the dental
16examinations. Physicians licensed to practice medicine in all
17its branches or licensed optometrists shall perform all eye
18examinations required by this Section and shall sign all report
19forms required by subsection (4) of this Section that pertain
20to the eye examination. For purposes of this Section, an eye
21examination shall at a minimum include history, visual acuity,
22subjective refraction to best visual acuity near and far,
23internal and external examination, and a glaucoma evaluation,
24as well as any other tests or observations that in the
25professional judgment of the doctor are necessary. Vision and
26hearing screening tests, which shall not be considered

 

 

10000SB0001ham002- 395 -LRB100 06371 MLM 27378 a

1examinations as that term is used in this Section, shall be
2conducted in accordance with rules and regulations of the
3Department of Public Health, and by individuals whom the
4Department of Public Health has certified. In these rules and
5regulations, the Department of Public Health shall require that
6individuals conducting vision screening tests give a child's
7parent or guardian written notification, before the vision
8screening is conducted, that states, "Vision screening is not a
9substitute for a complete eye and vision evaluation by an eye
10doctor. Your child is not required to undergo this vision
11screening if an optometrist or ophthalmologist has completed
12and signed a report form indicating that an examination has
13been administered within the previous 12 months."
14    (3) Every child shall, at or about the same time as he or
15she receives a health examination required by subsection (1) of
16this Section, present to the local school proof of having
17received such immunizations against preventable communicable
18diseases as the Department of Public Health shall require by
19rules and regulations promulgated pursuant to this Section and
20the Communicable Disease Prevention Act.
21    (4) The individuals conducting the health examination,
22dental examination, or eye examination shall record the fact of
23having conducted the examination, and such additional
24information as required, including for a health examination
25data relating to obesity (including at a minimum, date of
26birth, gender, height, weight, blood pressure, and date of

 

 

10000SB0001ham002- 396 -LRB100 06371 MLM 27378 a

1exam), on uniform forms which the Department of Public Health
2and the State Board of Education shall prescribe for statewide
3use. The examiner shall summarize on the report form any
4condition that he or she suspects indicates a need for special
5services, including for a health examination factors relating
6to obesity. The individuals confirming the administration of
7required immunizations shall record as indicated on the form
8that the immunizations were administered.
9    (5) If a child does not submit proof of having had either
10the health examination or the immunization as required, then
11the child shall be examined or receive the immunization, as the
12case may be, and present proof by October 15 of the current
13school year, or by an earlier date of the current school year
14established by a school district. To establish a date before
15October 15 of the current school year for the health
16examination or immunization as required, a school district must
17give notice of the requirements of this Section 60 days prior
18to the earlier established date. If for medical reasons one or
19more of the required immunizations must be given after October
2015 of the current school year, or after an earlier established
21date of the current school year, then the child shall present,
22by October 15, or by the earlier established date, a schedule
23for the administration of the immunizations and a statement of
24the medical reasons causing the delay, both the schedule and
25the statement being issued by the physician, advanced practice
26nurse, physician assistant, registered nurse, or local health

 

 

10000SB0001ham002- 397 -LRB100 06371 MLM 27378 a

1department that will be responsible for administration of the
2remaining required immunizations. If a child does not comply by
3October 15, or by the earlier established date of the current
4school year, with the requirements of this subsection, then the
5local school authority shall exclude that child from school
6until such time as the child presents proof of having had the
7health examination as required and presents proof of having
8received those required immunizations which are medically
9possible to receive immediately. During a child's exclusion
10from school for noncompliance with this subsection, the child's
11parents or legal guardian shall be considered in violation of
12Section 26-1 and subject to any penalty imposed by Section
1326-10. This subsection (5) does not apply to dental
14examinations and eye examinations. If the student is an
15out-of-state transfer student and does not have the proof
16required under this subsection (5) before October 15 of the
17current year or whatever date is set by the school district,
18then he or she may only attend classes (i) if he or she has
19proof that an appointment for the required vaccinations has
20been scheduled with a party authorized to submit proof of the
21required vaccinations. If the proof of vaccination required
22under this subsection (5) is not submitted within 30 days after
23the student is permitted to attend classes, then the student is
24not to be permitted to attend classes until proof of the
25vaccinations has been properly submitted. No school district or
26employee of a school district shall be held liable for any

 

 

10000SB0001ham002- 398 -LRB100 06371 MLM 27378 a

1injury or illness to another person that results from admitting
2an out-of-state transfer student to class that has an
3appointment scheduled pursuant to this subsection (5).
4    (6) Every school shall report to the State Board of
5Education by November 15, in the manner which that agency shall
6require, the number of children who have received the necessary
7immunizations and the health examination (other than a dental
8examination or eye examination) as required, indicating, of
9those who have not received the immunizations and examination
10as required, the number of children who are exempt from health
11examination and immunization requirements on religious or
12medical grounds as provided in subsection (8). On or before
13December 1 of each year, every public school district and
14registered nonpublic school shall make publicly available the
15immunization data they are required to submit to the State
16Board of Education by November 15. The immunization data made
17publicly available must be identical to the data the school
18district or school has reported to the State Board of
19Education.
20    Every school shall report to the State Board of Education
21by June 30, in the manner that the State Board requires, the
22number of children who have received the required dental
23examination, indicating, of those who have not received the
24required dental examination, the number of children who are
25exempt from the dental examination on religious grounds as
26provided in subsection (8) of this Section and the number of

 

 

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1children who have received a waiver under subsection (1.5) of
2this Section.
3    Every school shall report to the State Board of Education
4by June 30, in the manner that the State Board requires, the
5number of children who have received the required eye
6examination, indicating, of those who have not received the
7required eye examination, the number of children who are exempt
8from the eye examination as provided in subsection (8) of this
9Section, the number of children who have received a waiver
10under subsection (1.10) of this Section, and the total number
11of children in noncompliance with the eye examination
12requirement.
13    The reported information under this subsection (6) shall be
14provided to the Department of Public Health by the State Board
15of Education.
16    (7) Upon determining that the number of pupils who are
17required to be in compliance with subsection (5) of this
18Section is below 90% of the number of pupils enrolled in the
19school district, 10% of each State aid payment made pursuant to
20Section 18-8.05 or 18-8.15 to the school district for such year
21may be withheld by the State Board of Education until the
22number of students in compliance with subsection (5) is the
23applicable specified percentage or higher.
24    (8) Children of parents or legal guardians who object to
25health, dental, or eye examinations or any part thereof, to
26immunizations, or to vision and hearing screening tests on

 

 

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1religious grounds shall not be required to undergo the
2examinations, tests, or immunizations to which they so object
3if such parents or legal guardians present to the appropriate
4local school authority a signed Certificate of Religious
5Exemption detailing the grounds for objection and the specific
6immunizations, tests, or examinations to which they object. The
7grounds for objection must set forth the specific religious
8belief that conflicts with the examination, test,
9immunization, or other medical intervention. The signed
10certificate shall also reflect the parent's or legal guardian's
11understanding of the school's exclusion policies in the case of
12a vaccine-preventable disease outbreak or exposure. The
13certificate must also be signed by the authorized examining
14health care provider responsible for the performance of the
15child's health examination confirming that the provider
16provided education to the parent or legal guardian on the
17benefits of immunization and the health risks to the student
18and to the community of the communicable diseases for which
19immunization is required in this State. However, the health
20care provider's signature on the certificate reflects only that
21education was provided and does not allow a health care
22provider grounds to determine a religious exemption. Those
23receiving immunizations required under this Code shall be
24provided with the relevant vaccine information statements that
25are required to be disseminated by the federal National
26Childhood Vaccine Injury Act of 1986, which may contain

 

 

10000SB0001ham002- 401 -LRB100 06371 MLM 27378 a

1information on circumstances when a vaccine should not be
2administered, prior to administering a vaccine. A healthcare
3provider may consider including without limitation the
4nationally accepted recommendations from federal agencies such
5as the Advisory Committee on Immunization Practices, the
6information outlined in the relevant vaccine information
7statement, and vaccine package inserts, along with the
8healthcare provider's clinical judgment, to determine whether
9any child may be more susceptible to experiencing an adverse
10vaccine reaction than the general population, and, if so, the
11healthcare provider may exempt the child from an immunization
12or adopt an individualized immunization schedule. The
13Certificate of Religious Exemption shall be created by the
14Department of Public Health and shall be made available and
15used by parents and legal guardians by the beginning of the
162015-2016 school year. Parents or legal guardians must submit
17the Certificate of Religious Exemption to their local school
18authority prior to entering kindergarten, sixth grade, and
19ninth grade for each child for which they are requesting an
20exemption. The religious objection stated need not be directed
21by the tenets of an established religious organization.
22However, general philosophical or moral reluctance to allow
23physical examinations, eye examinations, immunizations, vision
24and hearing screenings, or dental examinations does not provide
25a sufficient basis for an exception to statutory requirements.
26The local school authority is responsible for determining if

 

 

10000SB0001ham002- 402 -LRB100 06371 MLM 27378 a

1the content of the Certificate of Religious Exemption
2constitutes a valid religious objection. The local school
3authority shall inform the parent or legal guardian of
4exclusion procedures, in accordance with the Department's
5rules under Part 690 of Title 77 of the Illinois Administrative
6Code, at the time the objection is presented.
7    If the physical condition of the child is such that any one
8or more of the immunizing agents should not be administered,
9the examining physician, advanced practice nurse, or physician
10assistant responsible for the performance of the health
11examination shall endorse that fact upon the health examination
12form.
13    Exempting a child from the health, dental, or eye
14examination does not exempt the child from participation in the
15program of physical education training provided in Sections
1627-5 through 27-7 of this Code.
17    (9) For the purposes of this Section, "nursery schools"
18means those nursery schools operated by elementary school
19systems or secondary level school units or institutions of
20higher learning.
21(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
2299-249, eff. 8-3-15; 99-642, eff. 7-28-16.)
 
23    (Text of Section after amendment by P.A. 99-927)
24    Sec. 27-8.1. Health examinations and immunizations.
25    (1) In compliance with rules and regulations which the

 

 

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1Department of Public Health shall promulgate, and except as
2hereinafter provided, all children in Illinois shall have a
3health examination as follows: within one year prior to
4entering kindergarten or the first grade of any public,
5private, or parochial elementary school; upon entering the
6sixth and ninth grades of any public, private, or parochial
7school; prior to entrance into any public, private, or
8parochial nursery school; and, irrespective of grade,
9immediately prior to or upon entrance into any public, private,
10or parochial school or nursery school, each child shall present
11proof of having been examined in accordance with this Section
12and the rules and regulations promulgated hereunder. Any child
13who received a health examination within one year prior to
14entering the fifth grade for the 2007-2008 school year is not
15required to receive an additional health examination in order
16to comply with the provisions of Public Act 95-422 when he or
17she attends school for the 2008-2009 school year, unless the
18child is attending school for the first time as provided in
19this paragraph.
20    A tuberculosis skin test screening shall be included as a
21required part of each health examination included under this
22Section if the child resides in an area designated by the
23Department of Public Health as having a high incidence of
24tuberculosis. Additional health examinations of pupils,
25including eye examinations, may be required when deemed
26necessary by school authorities. Parents are encouraged to have

 

 

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1their children undergo eye examinations at the same points in
2time required for health examinations.
3    (1.5) In compliance with rules adopted by the Department of
4Public Health and except as otherwise provided in this Section,
5all children in kindergarten and the second and sixth grades of
6any public, private, or parochial school shall have a dental
7examination. Each of these children shall present proof of
8having been examined by a dentist in accordance with this
9Section and rules adopted under this Section before May 15th of
10the school year. If a child in the second or sixth grade fails
11to present proof by May 15th, the school may hold the child's
12report card until one of the following occurs: (i) the child
13presents proof of a completed dental examination or (ii) the
14child presents proof that a dental examination will take place
15within 60 days after May 15th. The Department of Public Health
16shall establish, by rule, a waiver for children who show an
17undue burden or a lack of access to a dentist. Each public,
18private, and parochial school must give notice of this dental
19examination requirement to the parents and guardians of
20students at least 60 days before May 15th of each school year.
21    (1.10) Except as otherwise provided in this Section, all
22children enrolling in kindergarten in a public, private, or
23parochial school on or after the effective date of this
24amendatory Act of the 95th General Assembly and any student
25enrolling for the first time in a public, private, or parochial
26school on or after the effective date of this amendatory Act of

 

 

10000SB0001ham002- 405 -LRB100 06371 MLM 27378 a

1the 95th General Assembly shall have an eye examination. Each
2of these children shall present proof of having been examined
3by a physician licensed to practice medicine in all of its
4branches or a licensed optometrist within the previous year, in
5accordance with this Section and rules adopted under this
6Section, before October 15th of the school year. If the child
7fails to present proof by October 15th, the school may hold the
8child's report card until one of the following occurs: (i) the
9child presents proof of a completed eye examination or (ii) the
10child presents proof that an eye examination will take place
11within 60 days after October 15th. The Department of Public
12Health shall establish, by rule, a waiver for children who show
13an undue burden or a lack of access to a physician licensed to
14practice medicine in all of its branches who provides eye
15examinations or to a licensed optometrist. Each public,
16private, and parochial school must give notice of this eye
17examination requirement to the parents and guardians of
18students in compliance with rules of the Department of Public
19Health. Nothing in this Section shall be construed to allow a
20school to exclude a child from attending because of a parent's
21or guardian's failure to obtain an eye examination for the
22child.
23    (2) The Department of Public Health shall promulgate rules
24and regulations specifying the examinations and procedures
25that constitute a health examination, which shall include an
26age-appropriate developmental screening, an age-appropriate

 

 

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1social and emotional screening, and the collection of data
2relating to obesity (including at a minimum, date of birth,
3gender, height, weight, blood pressure, and date of exam), and
4a dental examination and may recommend by rule that certain
5additional examinations be performed. The rules and
6regulations of the Department of Public Health shall specify
7that a tuberculosis skin test screening shall be included as a
8required part of each health examination included under this
9Section if the child resides in an area designated by the
10Department of Public Health as having a high incidence of
11tuberculosis. With respect to the developmental screening and
12the social and emotional screening, the Department of Public
13Health must develop rules and appropriate revisions to the
14Child Health Examination form in conjunction with a statewide
15organization representing school boards; a statewide
16organization representing pediatricians; statewide
17organizations representing individuals holding Illinois
18educator licenses with school support personnel endorsements,
19including school social workers, school psychologists, and
20school nurses; a statewide organization representing
21children's mental health experts; a statewide organization
22representing school principals; the Director of Healthcare and
23Family Services or his or her designee, the State
24Superintendent of Education or his or her designee; and
25representatives of other appropriate State agencies and, at a
26minimum, must recommend the use of validated screening tools

 

 

10000SB0001ham002- 407 -LRB100 06371 MLM 27378 a

1appropriate to the child's age or grade, and, with regard to
2the social and emotional screening, require recording only
3whether or not the screening was completed. The rules shall
4take into consideration the screening recommendations of the
5American Academy of Pediatrics and must be consistent with the
6State Board of Education's social and emotional learning
7standards. The Department of Public Health shall specify that a
8diabetes screening as defined by rule shall be included as a
9required part of each health examination. Diabetes testing is
10not required.
11    Physicians licensed to practice medicine in all of its
12branches, licensed advanced practice nurses, or licensed
13physician assistants shall be responsible for the performance
14of the health examinations, other than dental examinations, eye
15examinations, and vision and hearing screening, and shall sign
16all report forms required by subsection (4) of this Section
17that pertain to those portions of the health examination for
18which the physician, advanced practice nurse, or physician
19assistant is responsible. If a registered nurse performs any
20part of a health examination, then a physician licensed to
21practice medicine in all of its branches must review and sign
22all required report forms. Licensed dentists shall perform all
23dental examinations and shall sign all report forms required by
24subsection (4) of this Section that pertain to the dental
25examinations. Physicians licensed to practice medicine in all
26its branches or licensed optometrists shall perform all eye

 

 

10000SB0001ham002- 408 -LRB100 06371 MLM 27378 a

1examinations required by this Section and shall sign all report
2forms required by subsection (4) of this Section that pertain
3to the eye examination. For purposes of this Section, an eye
4examination shall at a minimum include history, visual acuity,
5subjective refraction to best visual acuity near and far,
6internal and external examination, and a glaucoma evaluation,
7as well as any other tests or observations that in the
8professional judgment of the doctor are necessary. Vision and
9hearing screening tests, which shall not be considered
10examinations as that term is used in this Section, shall be
11conducted in accordance with rules and regulations of the
12Department of Public Health, and by individuals whom the
13Department of Public Health has certified. In these rules and
14regulations, the Department of Public Health shall require that
15individuals conducting vision screening tests give a child's
16parent or guardian written notification, before the vision
17screening is conducted, that states, "Vision screening is not a
18substitute for a complete eye and vision evaluation by an eye
19doctor. Your child is not required to undergo this vision
20screening if an optometrist or ophthalmologist has completed
21and signed a report form indicating that an examination has
22been administered within the previous 12 months."
23    (2.5) With respect to the developmental screening and the
24social and emotional screening portion of the health
25examination, each child may present proof of having been
26screened in accordance with this Section and the rules adopted

 

 

10000SB0001ham002- 409 -LRB100 06371 MLM 27378 a

1under this Section before October 15th of the school year. With
2regard to the social and emotional screening only, the
3examining health care provider shall only record whether or not
4the screening was completed. If the child fails to present
5proof of the developmental screening or the social and
6emotional screening portions of the health examination by
7October 15th of the school year, qualified school support
8personnel may, with a parent's or guardian's consent, offer the
9developmental screening or the social and emotional screening
10to the child. Each public, private, and parochial school must
11give notice of the developmental screening and social and
12emotional screening requirements to the parents and guardians
13of students in compliance with the rules of the Department of
14Public Health. Nothing in this Section shall be construed to
15allow a school to exclude a child from attending because of a
16parent's or guardian's failure to obtain a developmental
17screening or a social and emotional screening for the child.
18Once a developmental screening or a social and emotional
19screening is completed and proof has been presented to the
20school, the school may, with a parent's or guardian's consent,
21make available appropriate school personnel to work with the
22parent or guardian, the child, and the provider who signed the
23screening form to obtain any appropriate evaluations and
24services as indicated on the form and in other information and
25documentation provided by the parents, guardians, or provider.
26    (3) Every child shall, at or about the same time as he or

 

 

10000SB0001ham002- 410 -LRB100 06371 MLM 27378 a

1she receives a health examination required by subsection (1) of
2this Section, present to the local school proof of having
3received such immunizations against preventable communicable
4diseases as the Department of Public Health shall require by
5rules and regulations promulgated pursuant to this Section and
6the Communicable Disease Prevention Act.
7    (4) The individuals conducting the health examination,
8dental examination, or eye examination shall record the fact of
9having conducted the examination, and such additional
10information as required, including for a health examination
11data relating to obesity (including at a minimum, date of
12birth, gender, height, weight, blood pressure, and date of
13exam), on uniform forms which the Department of Public Health
14and the State Board of Education shall prescribe for statewide
15use. The examiner shall summarize on the report form any
16condition that he or she suspects indicates a need for special
17services, including for a health examination factors relating
18to obesity. The duty to summarize on the report form does not
19apply to social and emotional screenings. The confidentiality
20of the information and records relating to the developmental
21screening and the social and emotional screening shall be
22determined by the statutes, rules, and professional ethics
23governing the type of provider conducting the screening. The
24individuals confirming the administration of required
25immunizations shall record as indicated on the form that the
26immunizations were administered.

 

 

10000SB0001ham002- 411 -LRB100 06371 MLM 27378 a

1    (5) If a child does not submit proof of having had either
2the health examination or the immunization as required, then
3the child shall be examined or receive the immunization, as the
4case may be, and present proof by October 15 of the current
5school year, or by an earlier date of the current school year
6established by a school district. To establish a date before
7October 15 of the current school year for the health
8examination or immunization as required, a school district must
9give notice of the requirements of this Section 60 days prior
10to the earlier established date. If for medical reasons one or
11more of the required immunizations must be given after October
1215 of the current school year, or after an earlier established
13date of the current school year, then the child shall present,
14by October 15, or by the earlier established date, a schedule
15for the administration of the immunizations and a statement of
16the medical reasons causing the delay, both the schedule and
17the statement being issued by the physician, advanced practice
18nurse, physician assistant, registered nurse, or local health
19department that will be responsible for administration of the
20remaining required immunizations. If a child does not comply by
21October 15, or by the earlier established date of the current
22school year, with the requirements of this subsection, then the
23local school authority shall exclude that child from school
24until such time as the child presents proof of having had the
25health examination as required and presents proof of having
26received those required immunizations which are medically

 

 

10000SB0001ham002- 412 -LRB100 06371 MLM 27378 a

1possible to receive immediately. During a child's exclusion
2from school for noncompliance with this subsection, the child's
3parents or legal guardian shall be considered in violation of
4Section 26-1 and subject to any penalty imposed by Section
526-10. This subsection (5) does not apply to dental
6examinations, eye examinations, and the developmental
7screening and the social and emotional screening portions of
8the health examination. If the student is an out-of-state
9transfer student and does not have the proof required under
10this subsection (5) before October 15 of the current year or
11whatever date is set by the school district, then he or she may
12only attend classes (i) if he or she has proof that an
13appointment for the required vaccinations has been scheduled
14with a party authorized to submit proof of the required
15vaccinations. If the proof of vaccination required under this
16subsection (5) is not submitted within 30 days after the
17student is permitted to attend classes, then the student is not
18to be permitted to attend classes until proof of the
19vaccinations has been properly submitted. No school district or
20employee of a school district shall be held liable for any
21injury or illness to another person that results from admitting
22an out-of-state transfer student to class that has an
23appointment scheduled pursuant to this subsection (5).
24    (6) Every school shall report to the State Board of
25Education by November 15, in the manner which that agency shall
26require, the number of children who have received the necessary

 

 

10000SB0001ham002- 413 -LRB100 06371 MLM 27378 a

1immunizations and the health examination (other than a dental
2examination or eye examination) as required, indicating, of
3those who have not received the immunizations and examination
4as required, the number of children who are exempt from health
5examination and immunization requirements on religious or
6medical grounds as provided in subsection (8). On or before
7December 1 of each year, every public school district and
8registered nonpublic school shall make publicly available the
9immunization data they are required to submit to the State
10Board of Education by November 15. The immunization data made
11publicly available must be identical to the data the school
12district or school has reported to the State Board of
13Education.
14    Every school shall report to the State Board of Education
15by June 30, in the manner that the State Board requires, the
16number of children who have received the required dental
17examination, indicating, of those who have not received the
18required dental examination, the number of children who are
19exempt from the dental examination on religious grounds as
20provided in subsection (8) of this Section and the number of
21children who have received a waiver under subsection (1.5) of
22this Section.
23    Every school shall report to the State Board of Education
24by June 30, in the manner that the State Board requires, the
25number of children who have received the required eye
26examination, indicating, of those who have not received the

 

 

10000SB0001ham002- 414 -LRB100 06371 MLM 27378 a

1required eye examination, the number of children who are exempt
2from the eye examination as provided in subsection (8) of this
3Section, the number of children who have received a waiver
4under subsection (1.10) of this Section, and the total number
5of children in noncompliance with the eye examination
6requirement.
7    The reported information under this subsection (6) shall be
8provided to the Department of Public Health by the State Board
9of Education.
10    (7) Upon determining that the number of pupils who are
11required to be in compliance with subsection (5) of this
12Section is below 90% of the number of pupils enrolled in the
13school district, 10% of each State aid payment made pursuant to
14Section 18-8.05 or 18-8.15 to the school district for such year
15may be withheld by the State Board of Education until the
16number of students in compliance with subsection (5) is the
17applicable specified percentage or higher.
18    (8) Children of parents or legal guardians who object to
19health, dental, or eye examinations or any part thereof, to
20immunizations, or to vision and hearing screening tests on
21religious grounds shall not be required to undergo the
22examinations, tests, or immunizations to which they so object
23if such parents or legal guardians present to the appropriate
24local school authority a signed Certificate of Religious
25Exemption detailing the grounds for objection and the specific
26immunizations, tests, or examinations to which they object. The

 

 

10000SB0001ham002- 415 -LRB100 06371 MLM 27378 a

1grounds for objection must set forth the specific religious
2belief that conflicts with the examination, test,
3immunization, or other medical intervention. The signed
4certificate shall also reflect the parent's or legal guardian's
5understanding of the school's exclusion policies in the case of
6a vaccine-preventable disease outbreak or exposure. The
7certificate must also be signed by the authorized examining
8health care provider responsible for the performance of the
9child's health examination confirming that the provider
10provided education to the parent or legal guardian on the
11benefits of immunization and the health risks to the student
12and to the community of the communicable diseases for which
13immunization is required in this State. However, the health
14care provider's signature on the certificate reflects only that
15education was provided and does not allow a health care
16provider grounds to determine a religious exemption. Those
17receiving immunizations required under this Code shall be
18provided with the relevant vaccine information statements that
19are required to be disseminated by the federal National
20Childhood Vaccine Injury Act of 1986, which may contain
21information on circumstances when a vaccine should not be
22administered, prior to administering a vaccine. A healthcare
23provider may consider including without limitation the
24nationally accepted recommendations from federal agencies such
25as the Advisory Committee on Immunization Practices, the
26information outlined in the relevant vaccine information

 

 

10000SB0001ham002- 416 -LRB100 06371 MLM 27378 a

1statement, and vaccine package inserts, along with the
2healthcare provider's clinical judgment, to determine whether
3any child may be more susceptible to experiencing an adverse
4vaccine reaction than the general population, and, if so, the
5healthcare provider may exempt the child from an immunization
6or adopt an individualized immunization schedule. The
7Certificate of Religious Exemption shall be created by the
8Department of Public Health and shall be made available and
9used by parents and legal guardians by the beginning of the
102015-2016 school year. Parents or legal guardians must submit
11the Certificate of Religious Exemption to their local school
12authority prior to entering kindergarten, sixth grade, and
13ninth grade for each child for which they are requesting an
14exemption. The religious objection stated need not be directed
15by the tenets of an established religious organization.
16However, general philosophical or moral reluctance to allow
17physical examinations, eye examinations, immunizations, vision
18and hearing screenings, or dental examinations does not provide
19a sufficient basis for an exception to statutory requirements.
20The local school authority is responsible for determining if
21the content of the Certificate of Religious Exemption
22constitutes a valid religious objection. The local school
23authority shall inform the parent or legal guardian of
24exclusion procedures, in accordance with the Department's
25rules under Part 690 of Title 77 of the Illinois Administrative
26Code, at the time the objection is presented.

 

 

10000SB0001ham002- 417 -LRB100 06371 MLM 27378 a

1    If the physical condition of the child is such that any one
2or more of the immunizing agents should not be administered,
3the examining physician, advanced practice nurse, or physician
4assistant responsible for the performance of the health
5examination shall endorse that fact upon the health examination
6form.
7    Exempting a child from the health, dental, or eye
8examination does not exempt the child from participation in the
9program of physical education training provided in Sections
1027-5 through 27-7 of this Code.
11    (9) For the purposes of this Section, "nursery schools"
12means those nursery schools operated by elementary school
13systems or secondary level school units or institutions of
14higher learning.
15(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
1699-249, eff. 8-3-15; 99-642, eff. 7-28-16; 99-927, eff.
176-1-17.)
 
18    (105 ILCS 5/27A-9)
19    Sec. 27A-9. Term of charter; renewal.
20    (a) For charters granted before January 1, 2017 (the
21effective date of Public Act 99-840) this amendatory Act of the
2299th General Assembly, a charter may be granted for a period
23not less than 5 and not more than 10 school years. For charters
24granted on or after January 1, 2017 (the effective date of
25Public Act 99-840) this amendatory Act of the 99th General

 

 

10000SB0001ham002- 418 -LRB100 06371 MLM 27378 a

1Assembly, a charter shall be granted for a period of 5 school
2years. For charters renewed before January 1, 2017 (the
3effective date of Public Act 99-840) this amendatory Act of the
499th General Assembly, a charter may be renewed in incremental
5periods not to exceed 5 school years. For charters renewed on
6or after January 1, 2017 (the effective date of Public Act
799-840) this amendatory Act of the 99th General Assembly, a
8charter may be renewed in incremental periods not to exceed 10
9school years; however, the Commission may renew a charter only
10in incremental periods not to exceed 5 years. Authorizers shall
11ensure that every charter granted on or after January 1, 2017
12(the effective date of Public Act 99-840) this amendatory Act
13of the 99th General Assembly includes standards and goals for
14academic, organizational, and financial performance. A charter
15must meet all standards and goals for academic, organizational,
16and financial performance set forth by the authorizer in order
17to be renewed for a term in excess of 5 years but not more than
1810 years. If an authorizer fails to establish standards and
19goals, a charter shall not be renewed for a term in excess of 5
20years. Nothing contained in this Section shall require an
21authorizer to grant a full 10-year renewal term to any
22particular charter school, but an authorizer may award a full
2310-year renewal term to charter schools that have a
24demonstrated track record of improving student performance.
25    (b) A charter school renewal proposal submitted to the
26local school board or the Commission, as the chartering entity,

 

 

10000SB0001ham002- 419 -LRB100 06371 MLM 27378 a

1shall contain:
2        (1) A report on the progress of the charter school in
3    achieving the goals, objectives, pupil performance
4    standards, content standards, and other terms of the
5    initial approved charter proposal; and
6        (2) A financial statement that discloses the costs of
7    administration, instruction, and other spending categories
8    for the charter school that is understandable to the
9    general public and that will allow comparison of those
10    costs to other schools or other comparable organizations,
11    in a format required by the State Board.
12    (c) A charter may be revoked or not renewed if the local
13school board or the Commission, as the chartering entity,
14clearly demonstrates that the charter school did any of the
15following, or otherwise failed to comply with the requirements
16of this law:
17        (1) Committed a material violation of any of the
18    conditions, standards, or procedures set forth in the
19    charter.
20        (2) Failed to meet or make reasonable progress toward
21    achievement of the content standards or pupil performance
22    standards identified in the charter.
23        (3) Failed to meet generally accepted standards of
24    fiscal management.
25        (4) Violated any provision of law from which the
26    charter school was not exempted.

 

 

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1    In the case of revocation, the local school board or the
2Commission, as the chartering entity, shall notify the charter
3school in writing of the reason why the charter is subject to
4revocation. The charter school shall submit a written plan to
5the local school board or the Commission, whichever is
6applicable, to rectify the problem. The plan shall include a
7timeline for implementation, which shall not exceed 2 years or
8the date of the charter's expiration, whichever is earlier. If
9the local school board or the Commission, as the chartering
10entity, finds that the charter school has failed to implement
11the plan of remediation and adhere to the timeline, then the
12chartering entity shall revoke the charter. Except in
13situations of an emergency where the health, safety, or
14education of the charter school's students is at risk, the
15revocation shall take place at the end of a school year.
16Nothing in Public Act 96-105 this amendatory Act of the 96th
17General Assembly shall be construed to prohibit an
18implementation timetable that is less than 2 years in duration.
19    (d) (Blank).
20    (e) Notice of a local school board's decision to deny,
21revoke, or not to renew a charter shall be provided to the
22Commission and the State Board. The Commission may reverse a
23local board's decision if the Commission finds that the charter
24school or charter school proposal (i) is in compliance with
25this Article, and (ii) is in the best interests of the students
26it is designed to serve. The Commission may condition the

 

 

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1granting of an appeal on the acceptance by the charter school
2of funding in an amount less than that requested in the
3proposal submitted to the local school board. Final decisions
4of the Commission shall be subject to judicial review under the
5Administrative Review Law.
6    (f) Notwithstanding other provisions of this Article, if
7the Commission on appeal reverses a local board's decision or
8if a charter school is approved by referendum, the Commission
9shall act as the authorized chartering entity for the charter
10school. The Commission shall approve the charter and shall
11perform all functions under this Article otherwise performed by
12the local school board. The State Board shall determine whether
13the charter proposal approved by the Commission is consistent
14with the provisions of this Article and, if the approved
15proposal complies, certify the proposal pursuant to this
16Article. The State Board shall report the aggregate number of
17charter school pupils resident in a school district to that
18district and shall notify the district of the amount of funding
19to be paid by the State Board to the charter school enrolling
20such students. The Commission shall require the charter school
21to maintain accurate records of daily attendance that shall be
22deemed sufficient to file claims under Section 18-8.05 or
2318-8.15 notwithstanding any other requirements of that Section
24regarding hours of instruction and teacher certification. The
25State Board shall withhold from funds otherwise due the
26district the funds authorized by this Article to be paid to the

 

 

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1charter school and shall pay such amounts to the charter
2school.
3    (g) For charter schools authorized by the Commission, the
4Commission shall quarterly certify to the State Board the
5student enrollment for each of its charter schools.
6    (h) For charter schools authorized by the Commission, the
7State Board shall pay directly to a charter school any federal
8or State aid attributable to a student with a disability
9attending the school.
10(Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17;
11revised 10-27-16.)
 
12    (105 ILCS 5/27A-11)
13    Sec. 27A-11. Local financing.
14    (a) For purposes of the School Code, pupils enrolled in a
15charter school shall be included in the pupil enrollment of the
16school district within which the pupil resides. Each charter
17school (i) shall determine the school district in which each
18pupil who is enrolled in the charter school resides, (ii) shall
19report the aggregate number of pupils resident of a school
20district who are enrolled in the charter school to the school
21district in which those pupils reside, and (iii) shall maintain
22accurate records of daily attendance that shall be deemed
23sufficient to file claims under Section 18-8 or 18-8.15
24notwithstanding any other requirements of that Section
25regarding hours of instruction and teacher certification.

 

 

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1    (b) Except for a charter school established by referendum
2under Section 27A-6.5, as part of a charter school contract,
3the charter school and the local school board shall agree on
4funding and any services to be provided by the school district
5to the charter school. Agreed funding that a charter school is
6to receive from the local school board for a school year shall
7be paid in equal quarterly installments with the payment of the
8installment for the first quarter being made not later than
9July 1, unless the charter establishes a different payment
10schedule. However, if a charter school dismisses a pupil from
11the charter school after receiving a quarterly payment, the
12charter school shall return to the school district, on a
13quarterly basis, the prorated portion of public funding
14provided for the education of that pupil for the time the
15student is not enrolled at the charter school. Likewise, if a
16pupil transfers to a charter school between quarterly payments,
17the school district shall provide, on a quarterly basis, a
18prorated portion of the public funding to the charter school to
19provide for the education of that pupil.
20    All services centrally or otherwise provided by the school
21district including, but not limited to, rent, food services,
22custodial services, maintenance, curriculum, media services,
23libraries, transportation, and warehousing shall be subject to
24negotiation between a charter school and the local school board
25and paid for out of the revenues negotiated pursuant to this
26subsection (b); provided that the local school board shall not

 

 

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1attempt, by negotiation or otherwise, to obligate a charter
2school to provide pupil transportation for pupils for whom a
3district is not required to provide transportation under the
4criteria set forth in subsection (a)(13) of Section 27A-7.
5    In no event shall the funding be less than 97% 75% or more
6than 103% 125% of the school district's per capita student
7tuition multiplied by the number of students residing in the
8district who are enrolled in the charter school.
9    It is the intent of the General Assembly that funding and
10service agreements under this subsection (b) shall be neither a
11financial incentive nor a financial disincentive to the
12establishment of a charter school.
13    The charter school may set and collect reasonable fees.
14Fees collected from students enrolled at a charter school shall
15be retained by the charter school.
16    (c) Notwithstanding subsection (b) of this Section, the
17proportionate share of State and federal resources generated by
18students with disabilities or staff serving them shall be
19directed to charter schools enrolling those students by their
20school districts or administrative units. The proportionate
21share of moneys generated under other federal or State
22categorical aid programs shall be directed to charter schools
23serving students eligible for that aid.
24    (d) The governing body of a charter school is authorized to
25accept gifts, donations, or grants of any kind made to the
26charter school and to expend or use gifts, donations, or grants

 

 

10000SB0001ham002- 425 -LRB100 06371 MLM 27378 a

1in accordance with the conditions prescribed by the donor;
2however, a gift, donation, or grant may not be accepted by the
3governing body if it is subject to any condition contrary to
4applicable law or contrary to the terms of the contract between
5the charter school and the local school board. Charter schools
6shall be encouraged to solicit and utilize community volunteer
7speakers and other instructional resources when providing
8instruction on the Holocaust and other historical events.
9    (e) (Blank).
10    (f) The Commission shall provide technical assistance to
11persons and groups preparing or revising charter applications.
12    (g) At the non-renewal or revocation of its charter, each
13charter school shall refund to the local board of education all
14unspent funds.
15    (h) A charter school is authorized to incur temporary,
16short term debt to pay operating expenses in anticipation of
17receipt of funds from the local school board.
18(Source: P.A. 98-640, eff. 6-9-14; 98-739, eff. 7-16-14; 99-78,
19eff. 7-20-15.)
 
20    (105 ILCS 5/29-5)  (from Ch. 122, par. 29-5)
21    Sec. 29-5. Reimbursement by State for transportation. Any
22school district, maintaining a school, transporting resident
23pupils to another school district's vocational program,
24offered through a joint agreement approved by the State Board
25of Education, as provided in Section 10-22.22 or transporting

 

 

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1its resident pupils to a school which meets the standards for
2recognition as established by the State Board of Education
3which provides transportation meeting the standards of safety,
4comfort, convenience, efficiency and operation prescribed by
5the State Board of Education for resident pupils in
6kindergarten or any of grades 1 through 12 who: (a) reside at
7least 1 1/2 miles as measured by the customary route of travel,
8from the school attended; or (b) reside in areas where
9conditions are such that walking constitutes a hazard to the
10safety of the child when determined under Section 29-3; and (c)
11are transported to the school attended from pick-up points at
12the beginning of the school day and back again at the close of
13the school day or transported to and from their assigned
14attendance centers during the school day, shall be reimbursed
15by the State as hereinafter provided in this Section.
16    The State will pay the cost of transporting eligible pupils
17less the prior year assessed valuation in a dual school
18district maintaining secondary grades 9 to 12 inclusive times a
19qualifying rate of .05%; in elementary school districts
20maintaining grades K to 8 times a qualifying rate of .06%; and
21in unit districts maintaining grades K to 12, including
22optional elementary unit districts and combined high school -
23unit districts, times a qualifying rate of .07%; provided that
24for optional elementary unit districts and combined high school -
25 unit districts, prior year assessed valuation for high school
26purposes, as defined in Article 11E of this Code, must be used.

 

 

10000SB0001ham002- 427 -LRB100 06371 MLM 27378 a

1To be eligible to receive reimbursement in excess of 4/5 of the
2cost to transport eligible pupils, a school district shall have
3a Transportation Fund tax rate of at least .12%. If a school
4district does not have a .12% Transportation Fund tax rate, the
5amount of its claim in excess of 4/5 of the cost of
6transporting pupils shall be reduced by the sum arrived at by
7subtracting the Transportation Fund tax rate from .12% and
8multiplying that amount by the district's prior year districts
9equalized or assessed valuation, provided, that in no case
10shall said reduction result in reimbursement of less than 4/5
11of the cost to transport eligible pupils.
12    The minimum amount to be received by a district is $16
13times the number of eligible pupils transported.
14    When calculating the reimbursement for transportation
15costs, the State Board of Education may not deduct the number
16of pupils enrolled in early education programs from the number
17of pupils eligible for reimbursement if the pupils enrolled in
18the early education programs are transported at the same time
19as other eligible pupils.
20    Any such district transporting resident pupils during the
21school day to an area vocational school or another school
22district's vocational program more than 1 1/2 miles from the
23school attended, as provided in Sections 10-22.20a and
2410-22.22, shall be reimbursed by the State for 4/5 of the cost
25of transporting eligible pupils.
26    School day means that period of time which the pupil is

 

 

10000SB0001ham002- 428 -LRB100 06371 MLM 27378 a

1required to be in attendance for instructional purposes.
2    If a pupil is at a location within the school district
3other than his residence for child care purposes at the time
4for transportation to school, that location may be considered
5for purposes of determining the 1 1/2 miles from the school
6attended.
7    Claims for reimbursement that include children who attend
8any school other than a public school shall show the number of
9such children transported.
10    Claims for reimbursement under this Section shall not be
11paid for the transportation of pupils for whom transportation
12costs are claimed for payment under other Sections of this Act.
13    The allowable direct cost of transporting pupils for
14regular, vocational, and special education pupil
15transportation shall be limited to the sum of the cost of
16physical examinations required for employment as a school bus
17driver; the salaries of full or part-time drivers and school
18bus maintenance personnel; employee benefits excluding
19Illinois municipal retirement payments, social security
20payments, unemployment insurance payments and workers'
21compensation insurance premiums; expenditures to independent
22carriers who operate school buses; payments to other school
23districts for pupil transportation services; pre-approved
24contractual expenditures for computerized bus scheduling; the
25cost of gasoline, oil, tires, and other supplies necessary for
26the operation of school buses; the cost of converting buses'

 

 

10000SB0001ham002- 429 -LRB100 06371 MLM 27378 a

1gasoline engines to more fuel efficient engines or to engines
2which use alternative energy sources; the cost of travel to
3meetings and workshops conducted by the regional
4superintendent or the State Superintendent of Education
5pursuant to the standards established by the Secretary of State
6under Section 6-106 of the Illinois Vehicle Code to improve the
7driving skills of school bus drivers; the cost of maintenance
8of school buses including parts and materials used;
9expenditures for leasing transportation vehicles, except
10interest and service charges; the cost of insurance and
11licenses for transportation vehicles; expenditures for the
12rental of transportation equipment; plus a depreciation
13allowance of 20% for 5 years for school buses and vehicles
14approved for transporting pupils to and from school and a
15depreciation allowance of 10% for 10 years for other
16transportation equipment so used. Each school year, if a school
17district has made expenditures to the Regional Transportation
18Authority or any of its service boards, a mass transit
19district, or an urban transportation district under an
20intergovernmental agreement with the district to provide for
21the transportation of pupils and if the public transit carrier
22received direct payment for services or passes from a school
23district within its service area during the 2000-2001 school
24year, then the allowable direct cost of transporting pupils for
25regular, vocational, and special education pupil
26transportation shall also include the expenditures that the

 

 

10000SB0001ham002- 430 -LRB100 06371 MLM 27378 a

1district has made to the public transit carrier. In addition to
2the above allowable costs school districts shall also claim all
3transportation supervisory salary costs, including Illinois
4municipal retirement payments, and all transportation related
5building and building maintenance costs without limitation.
6    Special education allowable costs shall also include
7expenditures for the salaries of attendants or aides for that
8portion of the time they assist special education pupils while
9in transit and expenditures for parents and public carriers for
10transporting special education pupils when pre-approved by the
11State Superintendent of Education.
12    Indirect costs shall be included in the reimbursement claim
13for districts which own and operate their own school buses.
14Such indirect costs shall include administrative costs, or any
15costs attributable to transporting pupils from their
16attendance centers to another school building for
17instructional purposes. No school district which owns and
18operates its own school buses may claim reimbursement for
19indirect costs which exceed 5% of the total allowable direct
20costs for pupil transportation.
21    The State Board of Education shall prescribe uniform
22regulations for determining the above standards and shall
23prescribe forms of cost accounting and standards of determining
24reasonable depreciation. Such depreciation shall include the
25cost of equipping school buses with the safety features
26required by law or by the rules, regulations and standards

 

 

10000SB0001ham002- 431 -LRB100 06371 MLM 27378 a

1promulgated by the State Board of Education, and the Department
2of Transportation for the safety and construction of school
3buses provided, however, any equipment cost reimbursed by the
4Department of Transportation for equipping school buses with
5such safety equipment shall be deducted from the allowable cost
6in the computation of reimbursement under this Section in the
7same percentage as the cost of the equipment is depreciated.
8    On or before August 15, annually, the chief school
9administrator for the district shall certify to the State
10Superintendent of Education the district's claim for
11reimbursement for the school year ending on June 30 next
12preceding. The State Superintendent of Education shall check
13and approve the claims and prepare the vouchers showing the
14amounts due for district reimbursement claims. Each fiscal
15year, the State Superintendent of Education shall prepare and
16transmit the first 3 vouchers to the Comptroller on the 30th
17day of September, December and March, respectively, and the
18final voucher, no later than June 20.
19    If the amount appropriated for transportation
20reimbursement is insufficient to fund total claims for any
21fiscal year, the State Board of Education shall reduce each
22school district's allowable costs and flat grant amount
23proportionately to make total adjusted claims equal the total
24amount appropriated.
25    For purposes of calculating claims for reimbursement under
26this Section for any school year beginning July 1, 1998, or

 

 

10000SB0001ham002- 432 -LRB100 06371 MLM 27378 a

1thereafter, the equalized assessed valuation for a school
2district used to compute reimbursement shall be computed in the
3same manner as it is computed under paragraph (2) of subsection
4(G) of Section 18-8.05.
5    All reimbursements received from the State shall be
6deposited into the district's transportation fund or into the
7fund from which the allowable expenditures were made.
8    Notwithstanding any other provision of law, any school
9district receiving a payment under this Section or under
10Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
11classify all or a portion of the funds that it receives in a
12particular fiscal year or from general State aid pursuant to
13Section 18-8.05 of this Code as funds received in connection
14with any funding program for which it is entitled to receive
15funds from the State in that fiscal year (including, without
16limitation, any funding program referenced in this Section),
17regardless of the source or timing of the receipt. The district
18may not classify more funds as funds received in connection
19with the funding program than the district is entitled to
20receive in that fiscal year for that program. Any
21classification by a district must be made by a resolution of
22its board of education. The resolution must identify the amount
23of any payments or general State aid to be classified under
24this paragraph and must specify the funding program to which
25the funds are to be treated as received in connection
26therewith. This resolution is controlling as to the

 

 

10000SB0001ham002- 433 -LRB100 06371 MLM 27378 a

1classification of funds referenced therein. A certified copy of
2the resolution must be sent to the State Superintendent of
3Education. The resolution shall still take effect even though a
4copy of the resolution has not been sent to the State
5Superintendent of Education in a timely manner. No
6classification under this paragraph by a district shall affect
7the total amount or timing of money the district is entitled to
8receive under this Code. No classification under this paragraph
9by a district shall in any way relieve the district from or
10affect any requirements that otherwise would apply with respect
11to that funding program, including any accounting of funds by
12source, reporting expenditures by original source and purpose,
13reporting requirements, or requirements of providing services.
14    Any school district with a population of not more than
15500,000 must deposit all funds received under this Article into
16the transportation fund and use those funds for the provision
17of transportation services.
18(Source: P.A. 95-903, eff. 8-25-08; 96-1264, eff. 1-1-11.)
 
19    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
20    Sec. 34-2.3. Local school councils - Powers and duties.
21Each local school council shall have and exercise, consistent
22with the provisions of this Article and the powers and duties
23of the board of education, the following powers and duties:
24    1. (A) To annually evaluate the performance of the
25principal of the attendance center using a Board approved

 

 

10000SB0001ham002- 434 -LRB100 06371 MLM 27378 a

1principal evaluation form, which shall include the evaluation
2of (i) student academic improvement, as defined by the school
3improvement plan, (ii) student absenteeism rates at the school,
4(iii) instructional leadership, (iv) the effective
5implementation of programs, policies, or strategies to improve
6student academic achievement, (v) school management, and (vi)
7any other factors deemed relevant by the local school council,
8including, without limitation, the principal's communication
9skills and ability to create and maintain a student-centered
10learning environment, to develop opportunities for
11professional development, and to encourage parental
12involvement and community partnerships to achieve school
13improvement;
14    (B) to determine in the manner provided by subsection (c)
15of Section 34-2.2 and subdivision 1.5 of this Section whether
16the performance contract of the principal shall be renewed; and
17    (C) to directly select, in the manner provided by
18subsection (c) of Section 34-2.2, a new principal (including a
19new principal to fill a vacancy) -- without submitting any list
20of candidates for that position to the general superintendent
21as provided in paragraph 2 of this Section -- to serve under a
224 year performance contract; provided that (i) the
23determination of whether the principal's performance contract
24is to be renewed, based upon the evaluation required by
25subdivision 1.5 of this Section, shall be made no later than
26150 days prior to the expiration of the current

 

 

10000SB0001ham002- 435 -LRB100 06371 MLM 27378 a

1performance-based contract of the principal, (ii) in cases
2where such performance contract is not renewed -- a direct
3selection of a new principal -- to serve under a 4 year
4performance contract shall be made by the local school council
5no later than 45 days prior to the expiration of the current
6performance contract of the principal, and (iii) a selection by
7the local school council of a new principal to fill a vacancy
8under a 4 year performance contract shall be made within 90
9days after the date such vacancy occurs. A Council shall be
10required, if requested by the principal, to provide in writing
11the reasons for the council's not renewing the principal's
12contract.
13    1.5. The local school council's determination of whether to
14renew the principal's contract shall be based on an evaluation
15to assess the educational and administrative progress made at
16the school during the principal's current performance-based
17contract. The local school council shall base its evaluation on
18(i) student academic improvement, as defined by the school
19improvement plan, (ii) student absenteeism rates at the school,
20(iii) instructional leadership, (iv) the effective
21implementation of programs, policies, or strategies to improve
22student academic achievement, (v) school management, and (vi)
23any other factors deemed relevant by the local school council,
24including, without limitation, the principal's communication
25skills and ability to create and maintain a student-centered
26learning environment, to develop opportunities for

 

 

10000SB0001ham002- 436 -LRB100 06371 MLM 27378 a

1professional development, and to encourage parental
2involvement and community partnerships to achieve school
3improvement. If a local school council fails to renew the
4performance contract of a principal rated by the general
5superintendent, or his or her designee, in the previous years'
6evaluations as meeting or exceeding expectations, the
7principal, within 15 days after the local school council's
8decision not to renew the contract, may request a review of the
9local school council's principal non-retention decision by a
10hearing officer appointed by the American Arbitration
11Association. A local school council member or members or the
12general superintendent may support the principal's request for
13review. During the period of the hearing officer's review of
14the local school council's decision on whether or not to retain
15the principal, the local school council shall maintain all
16authority to search for and contract with a person to serve as
17interim or acting principal, or as the principal of the
18attendance center under a 4-year performance contract,
19provided that any performance contract entered into by the
20local school council shall be voidable or modified in
21accordance with the decision of the hearing officer. The
22principal may request review only once while at that attendance
23center. If a local school council renews the contract of a
24principal who failed to obtain a rating of "meets" or "exceeds
25expectations" in the general superintendent's evaluation for
26the previous year, the general superintendent, within 15 days

 

 

10000SB0001ham002- 437 -LRB100 06371 MLM 27378 a

1after the local school council's decision to renew the
2contract, may request a review of the local school council's
3principal retention decision by a hearing officer appointed by
4the American Arbitration Association. The general
5superintendent may request a review only once for that
6principal at that attendance center. All requests to review the
7retention or non-retention of a principal shall be submitted to
8the general superintendent, who shall, in turn, forward such
9requests, within 14 days of receipt, to the American
10Arbitration Association. The general superintendent shall send
11a contemporaneous copy of the request that was forwarded to the
12American Arbitration Association to the principal and to each
13local school council member and shall inform the local school
14council of its rights and responsibilities under the
15arbitration process, including the local school council's
16right to representation and the manner and process by which the
17Board shall pay the costs of the council's representation. If
18the local school council retains the principal and the general
19superintendent requests a review of the retention decision, the
20local school council and the general superintendent shall be
21considered parties to the arbitration, a hearing officer shall
22be chosen between those 2 parties pursuant to procedures
23promulgated by the State Board of Education, and the principal
24may retain counsel and participate in the arbitration. If the
25local school council does not retain the principal and the
26principal requests a review of the retention decision, the

 

 

10000SB0001ham002- 438 -LRB100 06371 MLM 27378 a

1local school council and the principal shall be considered
2parties to the arbitration and a hearing officer shall be
3chosen between those 2 parties pursuant to procedures
4promulgated by the State Board of Education. The hearing shall
5begin (i) within 45 days after the initial request for review
6is submitted by the principal to the general superintendent or
7(ii) if the initial request for review is made by the general
8superintendent, within 45 days after that request is mailed to
9the American Arbitration Association. The hearing officer
10shall render a decision within 45 days after the hearing begins
11and within 90 days after the initial request for review. The
12Board shall contract with the American Arbitration Association
13for all of the hearing officer's reasonable and necessary
14costs. In addition, the Board shall pay any reasonable costs
15incurred by a local school council for representation before a
16hearing officer.
17    1.10. The hearing officer shall conduct a hearing, which
18shall include (i) a review of the principal's performance,
19evaluations, and other evidence of the principal's service at
20the school, (ii) reasons provided by the local school council
21for its decision, and (iii) documentation evidencing views of
22interested persons, including, without limitation, students,
23parents, local school council members, school faculty and
24staff, the principal, the general superintendent or his or her
25designee, and members of the community. The burden of proof in
26establishing that the local school council's decision was

 

 

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1arbitrary and capricious shall be on the party requesting the
2arbitration, and this party shall sustain the burden by a
3preponderance of the evidence. The hearing officer shall set
4the local school council decision aside if that decision, in
5light of the record developed at the hearing, is arbitrary and
6capricious. The decision of the hearing officer may not be
7appealed to the Board or the State Board of Education. If the
8hearing officer decides that the principal shall be retained,
9the retention period shall not exceed 2 years.
10    2. In the event (i) the local school council does not renew
11the performance contract of the principal, or the principal
12fails to receive a satisfactory rating as provided in
13subsection (h) of Section 34-8.3, or the principal is removed
14for cause during the term of his or her performance contract in
15the manner provided by Section 34-85, or a vacancy in the
16position of principal otherwise occurs prior to the expiration
17of the term of a principal's performance contract, and (ii) the
18local school council fails to directly select a new principal
19to serve under a 4 year performance contract, the local school
20council in such event shall submit to the general
21superintendent a list of 3 candidates -- listed in the local
22school council's order of preference -- for the position of
23principal, one of which shall be selected by the general
24superintendent to serve as principal of the attendance center.
25If the general superintendent fails or refuses to select one of
26the candidates on the list to serve as principal within 30 days

 

 

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1after being furnished with the candidate list, the general
2superintendent shall select and place a principal on an interim
3basis (i) for a period not to exceed one year or (ii) until the
4local school council selects a new principal with 7 affirmative
5votes as provided in subsection (c) of Section 34-2.2,
6whichever occurs first. If the local school council fails or
7refuses to select and appoint a new principal, as specified by
8subsection (c) of Section 34-2.2, the general superintendent
9may select and appoint a new principal on an interim basis for
10an additional year or until a new contract principal is
11selected by the local school council. There shall be no
12discrimination on the basis of race, sex, creed, color or
13disability unrelated to ability to perform in connection with
14the submission of candidates for, and the selection of a
15candidate to serve as principal of an attendance center. No
16person shall be directly selected, listed as a candidate for,
17or selected to serve as principal of an attendance center (i)
18if such person has been removed for cause from employment by
19the Board or (ii) if such person does not hold a valid
20administrative certificate issued or exchanged under Article
2121 and endorsed as required by that Article for the position of
22principal. A principal whose performance contract is not
23renewed as provided under subsection (c) of Section 34-2.2 may
24nevertheless, if otherwise qualified and certified as herein
25provided and if he or she has received a satisfactory rating as
26provided in subsection (h) of Section 34-8.3, be included by a

 

 

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1local school council as one of the 3 candidates listed in order
2of preference on any candidate list from which one person is to
3be selected to serve as principal of the attendance center
4under a new performance contract. The initial candidate list
5required to be submitted by a local school council to the
6general superintendent in cases where the local school council
7does not renew the performance contract of its principal and
8does not directly select a new principal to serve under a 4
9year performance contract shall be submitted not later than 30
10days prior to the expiration of the current performance
11contract. In cases where the local school council fails or
12refuses to submit the candidate list to the general
13superintendent no later than 30 days prior to the expiration of
14the incumbent principal's contract, the general superintendent
15may appoint a principal on an interim basis for a period not to
16exceed one year, during which time the local school council
17shall be able to select a new principal with 7 affirmative
18votes as provided in subsection (c) of Section 34-2.2. In cases
19where a principal is removed for cause or a vacancy otherwise
20occurs in the position of principal and the vacancy is not
21filled by direct selection by the local school council, the
22candidate list shall be submitted by the local school council
23to the general superintendent within 90 days after the date
24such removal or vacancy occurs. In cases where the local school
25council fails or refuses to submit the candidate list to the
26general superintendent within 90 days after the date of the

 

 

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1vacancy, the general superintendent may appoint a principal on
2an interim basis for a period of one year, during which time
3the local school council shall be able to select a new
4principal with 7 affirmative votes as provided in subsection
5(c) of Section 34-2.2.
6    2.5. Whenever a vacancy in the office of a principal occurs
7for any reason, the vacancy shall be filled in the manner
8provided by this Section by the selection of a new principal to
9serve under a 4 year performance contract.
10    3. To establish additional criteria to be included as part
11of the performance contract of its principal, provided that
12such additional criteria shall not discriminate on the basis of
13race, sex, creed, color or disability unrelated to ability to
14perform, and shall not be inconsistent with the uniform 4 year
15performance contract for principals developed by the board as
16provided in Section 34-8.1 of the School Code or with other
17provisions of this Article governing the authority and
18responsibility of principals.
19    4. To approve the expenditure plan prepared by the
20principal with respect to all funds allocated and distributed
21to the attendance center by the Board. The expenditure plan
22shall be administered by the principal. Notwithstanding any
23other provision of this Act or any other law, any expenditure
24plan approved and administered under this Section 34-2.3 shall
25be consistent with and subject to the terms of any contract for
26services with a third party entered into by the Chicago School

 

 

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1Reform Board of Trustees or the board under this Act.
2    Via a supermajority vote of 7 members of the local school
3council or 8 members of a high school local school council, the
4Council may transfer allocations pursuant to Section 34-2.3
5within funds; provided that such a transfer is consistent with
6applicable law and collective bargaining agreements.
7    Beginning in fiscal year 1991 and in each fiscal year
8thereafter, the Board may reserve up to 1% of its total fiscal
9year budget for distribution on a prioritized basis to schools
10throughout the school system in order to assure adequate
11programs to meet the needs of special student populations as
12determined by the Board. This distribution shall take into
13account the needs catalogued in the Systemwide Plan and the
14various local school improvement plans of the local school
15councils. Information about these centrally funded programs
16shall be distributed to the local school councils so that their
17subsequent planning and programming will account for these
18provisions.
19    Beginning in fiscal year 1991 and in each fiscal year
20thereafter, from other amounts available in the applicable
21fiscal year budget, the board shall allocate a lump sum amount
22to each local school based upon such formula as the board shall
23determine taking into account the special needs of the student
24body. The local school principal shall develop an expenditure
25plan in consultation with the local school council, the
26professional personnel leadership committee and with all other

 

 

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1school personnel, which reflects the priorities and activities
2as described in the school's local school improvement plan and
3is consistent with applicable law and collective bargaining
4agreements and with board policies and standards; however, the
5local school council shall have the right to request waivers of
6board policy from the board of education and waivers of
7employee collective bargaining agreements pursuant to Section
834-8.1a.
9    The expenditure plan developed by the principal with
10respect to amounts available from the fund for prioritized
11special needs programs and the allocated lump sum amount must
12be approved by the local school council.
13    The lump sum allocation shall take into account the
14following principles:
15        a. Teachers: Each school shall be allocated funds equal
16    to the amount appropriated in the previous school year for
17    compensation for teachers (regular grades kindergarten
18    through 12th grade) plus whatever increases in
19    compensation have been negotiated contractually or through
20    longevity as provided in the negotiated agreement.
21    Adjustments shall be made due to layoff or reduction in
22    force, lack of funds or work, change in subject
23    requirements, enrollment changes, or contracts with third
24    parties for the performance of services or to rectify any
25    inconsistencies with system-wide allocation formulas or
26    for other legitimate reasons.

 

 

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1        b. Other personnel: Funds for other teacher
2    certificated and uncertificated personnel paid through
3    non-categorical funds shall be provided according to
4    system-wide formulas based on student enrollment and the
5    special needs of the school as determined by the Board.
6        c. Non-compensation items: Appropriations for all
7    non-compensation items shall be based on system-wide
8    formulas based on student enrollment and on the special
9    needs of the school or factors related to the physical
10    plant, including but not limited to textbooks, electronic
11    textbooks and the technological equipment necessary to
12    gain access to and use electronic textbooks, supplies,
13    electricity, equipment, and routine maintenance.
14        d. Funds for categorical programs: Schools shall
15    receive personnel and funds based on, and shall use such
16    personnel and funds in accordance with State and Federal
17    requirements applicable to each categorical program
18    provided to meet the special needs of the student body
19    (including but not limited to, Federal Chapter I,
20    Bilingual, and Special Education).
21        d.1. Funds for State Title I: Each school shall receive
22    funds based on State and Board requirements applicable to
23    each State Title I pupil provided to meet the special needs
24    of the student body. Each school shall receive the
25    proportion of funds as provided in Section 18-8 or 18-8.15
26    to which they are entitled. These funds shall be spent only

 

 

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1    with the budgetary approval of the Local School Council as
2    provided in Section 34-2.3.
3        e. The Local School Council shall have the right to
4    request the principal to close positions and open new ones
5    consistent with the provisions of the local school
6    improvement plan provided that these decisions are
7    consistent with applicable law and collective bargaining
8    agreements. If a position is closed, pursuant to this
9    paragraph, the local school shall have for its use the
10    system-wide average compensation for the closed position.
11        f. Operating within existing laws and collective
12    bargaining agreements, the local school council shall have
13    the right to direct the principal to shift expenditures
14    within funds.
15        g. (Blank).
16    Any funds unexpended at the end of the fiscal year shall be
17available to the board of education for use as part of its
18budget for the following fiscal year.
19    5. To make recommendations to the principal concerning
20textbook selection and concerning curriculum developed
21pursuant to the school improvement plan which is consistent
22with systemwide curriculum objectives in accordance with
23Sections 34-8 and 34-18 of the School Code and in conformity
24with the collective bargaining agreement.
25    6. To advise the principal concerning the attendance and
26disciplinary policies for the attendance center, subject to the

 

 

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1provisions of this Article and Article 26, and consistent with
2the uniform system of discipline established by the board
3pursuant to Section 34-19.
4    7. To approve a school improvement plan developed as
5provided in Section 34-2.4. The process and schedule for plan
6development shall be publicized to the entire school community,
7and the community shall be afforded the opportunity to make
8recommendations concerning the plan. At least twice a year the
9principal and local school council shall report publicly on
10progress and problems with respect to plan implementation.
11    8. To evaluate the allocation of teaching resources and
12other certificated and uncertificated staff to the attendance
13center to determine whether such allocation is consistent with
14and in furtherance of instructional objectives and school
15programs reflective of the school improvement plan adopted for
16the attendance center; and to make recommendations to the
17board, the general superintendent and the principal concerning
18any reallocation of teaching resources or other staff whenever
19the council determines that any such reallocation is
20appropriate because the qualifications of any existing staff at
21the attendance center do not adequately match or support
22instructional objectives or school programs which reflect the
23school improvement plan.
24    9. To make recommendations to the principal and the general
25superintendent concerning their respective appointments, after
26August 31, 1989, and in the manner provided by Section 34-8 and

 

 

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1Section 34-8.1, of persons to fill any vacant, additional or
2newly created positions for teachers at the attendance center
3or at attendance centers which include the attendance center
4served by the local school council.
5    10. To request of the Board the manner in which training
6and assistance shall be provided to the local school council.
7Pursuant to Board guidelines a local school council is
8authorized to direct the Board of Education to contract with
9personnel or not-for-profit organizations not associated with
10the school district to train or assist council members. If
11training or assistance is provided by contract with personnel
12or organizations not associated with the school district, the
13period of training or assistance shall not exceed 30 hours
14during a given school year; person shall not be employed on a
15continuous basis longer than said period and shall not have
16been employed by the Chicago Board of Education within the
17preceding six months. Council members shall receive training in
18at least the following areas:
19        1. school budgets;
20        2. educational theory pertinent to the attendance
21    center's particular needs, including the development of
22    the school improvement plan and the principal's
23    performance contract; and
24        3. personnel selection.
25Council members shall, to the greatest extent possible,
26complete such training within 90 days of election.

 

 

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1    11. In accordance with systemwide guidelines contained in
2the System-Wide Educational Reform Goals and Objectives Plan,
3criteria for evaluation of performance shall be established for
4local school councils and local school council members. If a
5local school council persists in noncompliance with systemwide
6requirements, the Board may impose sanctions and take necessary
7corrective action, consistent with Section 34-8.3.
8    12. Each local school council shall comply with the Open
9Meetings Act and the Freedom of Information Act. Each local
10school council shall issue and transmit to its school community
11a detailed annual report accounting for its activities
12programmatically and financially. Each local school council
13shall convene at least 2 well-publicized meetings annually with
14its entire school community. These meetings shall include
15presentation of the proposed local school improvement plan, of
16the proposed school expenditure plan, and the annual report,
17and shall provide an opportunity for public comment.
18    13. Each local school council is encouraged to involve
19additional non-voting members of the school community in
20facilitating the council's exercise of its responsibilities.
21    14. The local school council may adopt a school uniform or
22dress code policy that governs the attendance center and that
23is necessary to maintain the orderly process of a school
24function or prevent endangerment of student health or safety,
25consistent with the policies and rules of the Board of
26Education. A school uniform or dress code policy adopted by a

 

 

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1local school council: (i) shall not be applied in such manner
2as to discipline or deny attendance to a transfer student or
3any other student for noncompliance with that policy during
4such period of time as is reasonably necessary to enable the
5student to acquire a school uniform or otherwise comply with
6the dress code policy that is in effect at the attendance
7center into which the student's enrollment is transferred; and
8(ii) shall include criteria and procedures under which the
9local school council will accommodate the needs of or otherwise
10provide appropriate resources to assist a student from an
11indigent family in complying with an applicable school uniform
12or dress code policy. A student whose parents or legal
13guardians object on religious grounds to the student's
14compliance with an applicable school uniform or dress code
15policy shall not be required to comply with that policy if the
16student's parents or legal guardians present to the local
17school council a signed statement of objection detailing the
18grounds for the objection.
19    15. All decisions made and actions taken by the local
20school council in the exercise of its powers and duties shall
21comply with State and federal laws, all applicable collective
22bargaining agreements, court orders and rules properly
23promulgated by the Board.
24    15a. To grant, in accordance with board rules and policies,
25the use of assembly halls and classrooms when not otherwise
26needed, including lighting, heat, and attendants, for public

 

 

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1lectures, concerts, and other educational and social
2activities.
3    15b. To approve, in accordance with board rules and
4policies, receipts and expenditures for all internal accounts
5of the attendance center, and to approve all fund-raising
6activities by nonschool organizations that use the school
7building.
8    16. (Blank).
9    17. Names and addresses of local school council members
10shall be a matter of public record.
11(Source: P.A. 96-1403, eff. 7-29-10.)
 
12    (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
13    Sec. 34-18. Powers of the board. The board shall exercise
14general supervision and jurisdiction over the public education
15and the public school system of the city, and, except as
16otherwise provided by this Article, shall have power:
17        1. To make suitable provision for the establishment and
18    maintenance throughout the year or for such portion thereof
19    as it may direct, not less than 9 months, of schools of all
20    grades and kinds, including normal schools, high schools,
21    night schools, schools for defectives and delinquents,
22    parental and truant schools, schools for the blind, the
23    deaf and persons with physical disabilities, schools or
24    classes in manual training, constructural and vocational
25    teaching, domestic arts and physical culture, vocation and

 

 

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1    extension schools and lecture courses, and all other
2    educational courses and facilities, including
3    establishing, equipping, maintaining and operating
4    playgrounds and recreational programs, when such programs
5    are conducted in, adjacent to, or connected with any public
6    school under the general supervision and jurisdiction of
7    the board; provided that the calendar for the school term
8    and any changes must be submitted to and approved by the
9    State Board of Education before the calendar or changes may
10    take effect, and provided that in allocating funds from
11    year to year for the operation of all attendance centers
12    within the district, the board shall ensure that
13    supplemental general State aid or supplemental grant funds
14    are allocated and applied in accordance with Section 18-8,
15    or 18-8.05, or 18-8.15. To admit to such schools without
16    charge foreign exchange students who are participants in an
17    organized exchange student program which is authorized by
18    the board. The board shall permit all students to enroll in
19    apprenticeship programs in trade schools operated by the
20    board, whether those programs are union-sponsored or not.
21    No student shall be refused admission into or be excluded
22    from any course of instruction offered in the common
23    schools by reason of that student's sex. No student shall
24    be denied equal access to physical education and
25    interscholastic athletic programs supported from school
26    district funds or denied participation in comparable

 

 

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1    physical education and athletic programs solely by reason
2    of the student's sex. Equal access to programs supported
3    from school district funds and comparable programs will be
4    defined in rules promulgated by the State Board of
5    Education in consultation with the Illinois High School
6    Association. Notwithstanding any other provision of this
7    Article, neither the board of education nor any local
8    school council or other school official shall recommend
9    that children with disabilities be placed into regular
10    education classrooms unless those children with
11    disabilities are provided with supplementary services to
12    assist them so that they benefit from the regular classroom
13    instruction and are included on the teacher's regular
14    education class register;
15        2. To furnish lunches to pupils, to make a reasonable
16    charge therefor, and to use school funds for the payment of
17    such expenses as the board may determine are necessary in
18    conducting the school lunch program;
19        3. To co-operate with the circuit court;
20        4. To make arrangements with the public or quasi-public
21    libraries and museums for the use of their facilities by
22    teachers and pupils of the public schools;
23        5. To employ dentists and prescribe their duties for
24    the purpose of treating the pupils in the schools, but
25    accepting such treatment shall be optional with parents or
26    guardians;

 

 

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1        6. To grant the use of assembly halls and classrooms
2    when not otherwise needed, including light, heat, and
3    attendants, for free public lectures, concerts, and other
4    educational and social interests, free of charge, under
5    such provisions and control as the principal of the
6    affected attendance center may prescribe;
7        7. To apportion the pupils to the several schools;
8    provided that no pupil shall be excluded from or segregated
9    in any such school on account of his color, race, sex, or
10    nationality. The board shall take into consideration the
11    prevention of segregation and the elimination of
12    separation of children in public schools because of color,
13    race, sex, or nationality. Except that children may be
14    committed to or attend parental and social adjustment
15    schools established and maintained either for boys or girls
16    only. All records pertaining to the creation, alteration or
17    revision of attendance areas shall be open to the public.
18    Nothing herein shall limit the board's authority to
19    establish multi-area attendance centers or other student
20    assignment systems for desegregation purposes or
21    otherwise, and to apportion the pupils to the several
22    schools. Furthermore, beginning in school year 1994-95,
23    pursuant to a board plan adopted by October 1, 1993, the
24    board shall offer, commencing on a phased-in basis, the
25    opportunity for families within the school district to
26    apply for enrollment of their children in any attendance

 

 

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1    center within the school district which does not have
2    selective admission requirements approved by the board.
3    The appropriate geographical area in which such open
4    enrollment may be exercised shall be determined by the
5    board of education. Such children may be admitted to any
6    such attendance center on a space available basis after all
7    children residing within such attendance center's area
8    have been accommodated. If the number of applicants from
9    outside the attendance area exceed the space available,
10    then successful applicants shall be selected by lottery.
11    The board of education's open enrollment plan must include
12    provisions that allow low income students to have access to
13    transportation needed to exercise school choice. Open
14    enrollment shall be in compliance with the provisions of
15    the Consent Decree and Desegregation Plan cited in Section
16    34-1.01;
17        8. To approve programs and policies for providing
18    transportation services to students. Nothing herein shall
19    be construed to permit or empower the State Board of
20    Education to order, mandate, or require busing or other
21    transportation of pupils for the purpose of achieving
22    racial balance in any school;
23        9. Subject to the limitations in this Article, to
24    establish and approve system-wide curriculum objectives
25    and standards, including graduation standards, which
26    reflect the multi-cultural diversity in the city and are

 

 

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1    consistent with State law, provided that for all purposes
2    of this Article courses or proficiency in American Sign
3    Language shall be deemed to constitute courses or
4    proficiency in a foreign language; and to employ principals
5    and teachers, appointed as provided in this Article, and
6    fix their compensation. The board shall prepare such
7    reports related to minimal competency testing as may be
8    requested by the State Board of Education, and in addition
9    shall monitor and approve special education and bilingual
10    education programs and policies within the district to
11    assure that appropriate services are provided in
12    accordance with applicable State and federal laws to
13    children requiring services and education in those areas;
14        10. To employ non-teaching personnel or utilize
15    volunteer personnel for: (i) non-teaching duties not
16    requiring instructional judgment or evaluation of pupils,
17    including library duties; and (ii) supervising study
18    halls, long distance teaching reception areas used
19    incident to instructional programs transmitted by
20    electronic media such as computers, video, and audio,
21    detention and discipline areas, and school-sponsored
22    extracurricular activities. The board may further utilize
23    volunteer non-certificated personnel or employ
24    non-certificated personnel to assist in the instruction of
25    pupils under the immediate supervision of a teacher holding
26    a valid certificate, directly engaged in teaching subject

 

 

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1    matter or conducting activities; provided that the teacher
2    shall be continuously aware of the non-certificated
3    persons' activities and shall be able to control or modify
4    them. The general superintendent shall determine
5    qualifications of such personnel and shall prescribe rules
6    for determining the duties and activities to be assigned to
7    such personnel;
8        10.5. To utilize volunteer personnel from a regional
9    School Crisis Assistance Team (S.C.A.T.), created as part
10    of the Safe to Learn Program established pursuant to
11    Section 25 of the Illinois Violence Prevention Act of 1995,
12    to provide assistance to schools in times of violence or
13    other traumatic incidents within a school community by
14    providing crisis intervention services to lessen the
15    effects of emotional trauma on individuals and the
16    community; the School Crisis Assistance Team Steering
17    Committee shall determine the qualifications for
18    volunteers;
19        11. To provide television studio facilities in not to
20    exceed one school building and to provide programs for
21    educational purposes, provided, however, that the board
22    shall not construct, acquire, operate, or maintain a
23    television transmitter; to grant the use of its studio
24    facilities to a licensed television station located in the
25    school district; and to maintain and operate not to exceed
26    one school radio transmitting station and provide programs

 

 

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1    for educational purposes;
2        12. To offer, if deemed appropriate, outdoor education
3    courses, including field trips within the State of
4    Illinois, or adjacent states, and to use school educational
5    funds for the expense of the said outdoor educational
6    programs, whether within the school district or not;
7        13. During that period of the calendar year not
8    embraced within the regular school term, to provide and
9    conduct courses in subject matters normally embraced in the
10    program of the schools during the regular school term and
11    to give regular school credit for satisfactory completion
12    by the student of such courses as may be approved for
13    credit by the State Board of Education;
14        14. To insure against any loss or liability of the
15    board, the former School Board Nominating Commission,
16    Local School Councils, the Chicago Schools Academic
17    Accountability Council, or the former Subdistrict Councils
18    or of any member, officer, agent or employee thereof,
19    resulting from alleged violations of civil rights arising
20    from incidents occurring on or after September 5, 1967 or
21    from the wrongful or negligent act or omission of any such
22    person whether occurring within or without the school
23    premises, provided the officer, agent or employee was, at
24    the time of the alleged violation of civil rights or
25    wrongful act or omission, acting within the scope of his
26    employment or under direction of the board, the former

 

 

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1    School Board Nominating Commission, the Chicago Schools
2    Academic Accountability Council, Local School Councils, or
3    the former Subdistrict Councils; and to provide for or
4    participate in insurance plans for its officers and
5    employees, including but not limited to retirement
6    annuities, medical, surgical and hospitalization benefits
7    in such types and amounts as may be determined by the
8    board; provided, however, that the board shall contract for
9    such insurance only with an insurance company authorized to
10    do business in this State. Such insurance may include
11    provision for employees who rely on treatment by prayer or
12    spiritual means alone for healing, in accordance with the
13    tenets and practice of a recognized religious
14    denomination;
15        15. To contract with the corporate authorities of any
16    municipality or the county board of any county, as the case
17    may be, to provide for the regulation of traffic in parking
18    areas of property used for school purposes, in such manner
19    as is provided by Section 11-209 of The Illinois Vehicle
20    Code, approved September 29, 1969, as amended;
21        16. (a) To provide, on an equal basis, access to a high
22    school campus and student directory information to the
23    official recruiting representatives of the armed forces of
24    Illinois and the United States for the purposes of
25    informing students of the educational and career
26    opportunities available in the military if the board has

 

 

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1    provided such access to persons or groups whose purpose is
2    to acquaint students with educational or occupational
3    opportunities available to them. The board is not required
4    to give greater notice regarding the right of access to
5    recruiting representatives than is given to other persons
6    and groups. In this paragraph 16, "directory information"
7    means a high school student's name, address, and telephone
8    number.
9        (b) If a student or his or her parent or guardian
10    submits a signed, written request to the high school before
11    the end of the student's sophomore year (or if the student
12    is a transfer student, by another time set by the high
13    school) that indicates that the student or his or her
14    parent or guardian does not want the student's directory
15    information to be provided to official recruiting
16    representatives under subsection (a) of this Section, the
17    high school may not provide access to the student's
18    directory information to these recruiting representatives.
19    The high school shall notify its students and their parents
20    or guardians of the provisions of this subsection (b).
21        (c) A high school may require official recruiting
22    representatives of the armed forces of Illinois and the
23    United States to pay a fee for copying and mailing a
24    student's directory information in an amount that is not
25    more than the actual costs incurred by the high school.
26        (d) Information received by an official recruiting

 

 

10000SB0001ham002- 461 -LRB100 06371 MLM 27378 a

1    representative under this Section may be used only to
2    provide information to students concerning educational and
3    career opportunities available in the military and may not
4    be released to a person who is not involved in recruiting
5    students for the armed forces of Illinois or the United
6    States;
7        17. (a) To sell or market any computer program
8    developed by an employee of the school district, provided
9    that such employee developed the computer program as a
10    direct result of his or her duties with the school district
11    or through the utilization of the school district resources
12    or facilities. The employee who developed the computer
13    program shall be entitled to share in the proceeds of such
14    sale or marketing of the computer program. The distribution
15    of such proceeds between the employee and the school
16    district shall be as agreed upon by the employee and the
17    school district, except that neither the employee nor the
18    school district may receive more than 90% of such proceeds.
19    The negotiation for an employee who is represented by an
20    exclusive bargaining representative may be conducted by
21    such bargaining representative at the employee's request.
22        (b) For the purpose of this paragraph 17:
23            (1) "Computer" means an internally programmed,
24        general purpose digital device capable of
25        automatically accepting data, processing data and
26        supplying the results of the operation.

 

 

10000SB0001ham002- 462 -LRB100 06371 MLM 27378 a

1            (2) "Computer program" means a series of coded
2        instructions or statements in a form acceptable to a
3        computer, which causes the computer to process data in
4        order to achieve a certain result.
5            (3) "Proceeds" means profits derived from
6        marketing or sale of a product after deducting the
7        expenses of developing and marketing such product;
8        18. To delegate to the general superintendent of
9    schools, by resolution, the authority to approve contracts
10    and expenditures in amounts of $10,000 or less;
11        19. Upon the written request of an employee, to
12    withhold from the compensation of that employee any dues,
13    payments or contributions payable by such employee to any
14    labor organization as defined in the Illinois Educational
15    Labor Relations Act. Under such arrangement, an amount
16    shall be withheld from each regular payroll period which is
17    equal to the pro rata share of the annual dues plus any
18    payments or contributions, and the board shall transmit
19    such withholdings to the specified labor organization
20    within 10 working days from the time of the withholding;
21        19a. Upon receipt of notice from the comptroller of a
22    municipality with a population of 500,000 or more, a county
23    with a population of 3,000,000 or more, the Cook County
24    Forest Preserve District, the Chicago Park District, the
25    Metropolitan Water Reclamation District, the Chicago
26    Transit Authority, or a housing authority of a municipality

 

 

10000SB0001ham002- 463 -LRB100 06371 MLM 27378 a

1    with a population of 500,000 or more that a debt is due and
2    owing the municipality, the county, the Cook County Forest
3    Preserve District, the Chicago Park District, the
4    Metropolitan Water Reclamation District, the Chicago
5    Transit Authority, or the housing authority by an employee
6    of the Chicago Board of Education, to withhold, from the
7    compensation of that employee, the amount of the debt that
8    is due and owing and pay the amount withheld to the
9    municipality, the county, the Cook County Forest Preserve
10    District, the Chicago Park District, the Metropolitan
11    Water Reclamation District, the Chicago Transit Authority,
12    or the housing authority; provided, however, that the
13    amount deducted from any one salary or wage payment shall
14    not exceed 25% of the net amount of the payment. Before the
15    Board deducts any amount from any salary or wage of an
16    employee under this paragraph, the municipality, the
17    county, the Cook County Forest Preserve District, the
18    Chicago Park District, the Metropolitan Water Reclamation
19    District, the Chicago Transit Authority, or the housing
20    authority shall certify that (i) the employee has been
21    afforded an opportunity for a hearing to dispute the debt
22    that is due and owing the municipality, the county, the
23    Cook County Forest Preserve District, the Chicago Park
24    District, the Metropolitan Water Reclamation District, the
25    Chicago Transit Authority, or the housing authority and
26    (ii) the employee has received notice of a wage deduction

 

 

10000SB0001ham002- 464 -LRB100 06371 MLM 27378 a

1    order and has been afforded an opportunity for a hearing to
2    object to the order. For purposes of this paragraph, "net
3    amount" means that part of the salary or wage payment
4    remaining after the deduction of any amounts required by
5    law to be deducted and "debt due and owing" means (i) a
6    specified sum of money owed to the municipality, the
7    county, the Cook County Forest Preserve District, the
8    Chicago Park District, the Metropolitan Water Reclamation
9    District, the Chicago Transit Authority, or the housing
10    authority for services, work, or goods, after the period
11    granted for payment has expired, or (ii) a specified sum of
12    money owed to the municipality, the county, the Cook County
13    Forest Preserve District, the Chicago Park District, the
14    Metropolitan Water Reclamation District, the Chicago
15    Transit Authority, or the housing authority pursuant to a
16    court order or order of an administrative hearing officer
17    after the exhaustion of, or the failure to exhaust,
18    judicial review;
19        20. The board is encouraged to employ a sufficient
20    number of certified school counselors to maintain a
21    student/counselor ratio of 250 to 1 by July 1, 1990. Each
22    counselor shall spend at least 75% of his work time in
23    direct contact with students and shall maintain a record of
24    such time;
25        21. To make available to students vocational and career
26    counseling and to establish 5 special career counseling

 

 

10000SB0001ham002- 465 -LRB100 06371 MLM 27378 a

1    days for students and parents. On these days
2    representatives of local businesses and industries shall
3    be invited to the school campus and shall inform students
4    of career opportunities available to them in the various
5    businesses and industries. Special consideration shall be
6    given to counseling minority students as to career
7    opportunities available to them in various fields. For the
8    purposes of this paragraph, minority student means a person
9    who is any of the following:
10        (a) American Indian or Alaska Native (a person having
11    origins in any of the original peoples of North and South
12    America, including Central America, and who maintains
13    tribal affiliation or community attachment).
14        (b) Asian (a person having origins in any of the
15    original peoples of the Far East, Southeast Asia, or the
16    Indian subcontinent, including, but not limited to,
17    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
18    the Philippine Islands, Thailand, and Vietnam).
19        (c) Black or African American (a person having origins
20    in any of the black racial groups of Africa). Terms such as
21    "Haitian" or "Negro" can be used in addition to "Black or
22    African American".
23        (d) Hispanic or Latino (a person of Cuban, Mexican,
24    Puerto Rican, South or Central American, or other Spanish
25    culture or origin, regardless of race).
26        (e) Native Hawaiian or Other Pacific Islander (a person

 

 

10000SB0001ham002- 466 -LRB100 06371 MLM 27378 a

1    having origins in any of the original peoples of Hawaii,
2    Guam, Samoa, or other Pacific Islands).
3        Counseling days shall not be in lieu of regular school
4    days;
5        22. To report to the State Board of Education the
6    annual student dropout rate and number of students who
7    graduate from, transfer from or otherwise leave bilingual
8    programs;
9        23. Except as otherwise provided in the Abused and
10    Neglected Child Reporting Act or other applicable State or
11    federal law, to permit school officials to withhold, from
12    any person, information on the whereabouts of any child
13    removed from school premises when the child has been taken
14    into protective custody as a victim of suspected child
15    abuse. School officials shall direct such person to the
16    Department of Children and Family Services, or to the local
17    law enforcement agency if appropriate;
18        24. To develop a policy, based on the current state of
19    existing school facilities, projected enrollment and
20    efficient utilization of available resources, for capital
21    improvement of schools and school buildings within the
22    district, addressing in that policy both the relative
23    priority for major repairs, renovations and additions to
24    school facilities, and the advisability or necessity of
25    building new school facilities or closing existing schools
26    to meet current or projected demographic patterns within

 

 

10000SB0001ham002- 467 -LRB100 06371 MLM 27378 a

1    the district;
2        25. To make available to the students in every high
3    school attendance center the ability to take all courses
4    necessary to comply with the Board of Higher Education's
5    college entrance criteria effective in 1993;
6        26. To encourage mid-career changes into the teaching
7    profession, whereby qualified professionals become
8    certified teachers, by allowing credit for professional
9    employment in related fields when determining point of
10    entry on teacher pay scale;
11        27. To provide or contract out training programs for
12    administrative personnel and principals with revised or
13    expanded duties pursuant to this Act in order to assure
14    they have the knowledge and skills to perform their duties;
15        28. To establish a fund for the prioritized special
16    needs programs, and to allocate such funds and other lump
17    sum amounts to each attendance center in a manner
18    consistent with the provisions of part 4 of Section 34-2.3.
19    Nothing in this paragraph shall be construed to require any
20    additional appropriations of State funds for this purpose;
21        29. (Blank);
22        30. Notwithstanding any other provision of this Act or
23    any other law to the contrary, to contract with third
24    parties for services otherwise performed by employees,
25    including those in a bargaining unit, and to layoff those
26    employees upon 14 days written notice to the affected

 

 

10000SB0001ham002- 468 -LRB100 06371 MLM 27378 a

1    employees. Those contracts may be for a period not to
2    exceed 5 years and may be awarded on a system-wide basis.
3    The board may not operate more than 30 contract schools,
4    provided that the board may operate an additional 5
5    contract turnaround schools pursuant to item (5.5) of
6    subsection (d) of Section 34-8.3 of this Code;
7        31. To promulgate rules establishing procedures
8    governing the layoff or reduction in force of employees and
9    the recall of such employees, including, but not limited
10    to, criteria for such layoffs, reductions in force or
11    recall rights of such employees and the weight to be given
12    to any particular criterion. Such criteria shall take into
13    account factors including, but not be limited to,
14    qualifications, certifications, experience, performance
15    ratings or evaluations, and any other factors relating to
16    an employee's job performance;
17        32. To develop a policy to prevent nepotism in the
18    hiring of personnel or the selection of contractors;
19        33. To enter into a partnership agreement, as required
20    by Section 34-3.5 of this Code, and, notwithstanding any
21    other provision of law to the contrary, to promulgate
22    policies, enter into contracts, and take any other action
23    necessary to accomplish the objectives and implement the
24    requirements of that agreement; and
25        34. To establish a Labor Management Council to the
26    board comprised of representatives of the board, the chief

 

 

10000SB0001ham002- 469 -LRB100 06371 MLM 27378 a

1    executive officer, and those labor organizations that are
2    the exclusive representatives of employees of the board and
3    to promulgate policies and procedures for the operation of
4    the Council.
5    The specifications of the powers herein granted are not to
6be construed as exclusive but the board shall also exercise all
7other powers that they may be requisite or proper for the
8maintenance and the development of a public school system, not
9inconsistent with the other provisions of this Article or
10provisions of this Code which apply to all school districts.
11    In addition to the powers herein granted and authorized to
12be exercised by the board, it shall be the duty of the board to
13review or to direct independent reviews of special education
14expenditures and services. The board shall file a report of
15such review with the General Assembly on or before May 1, 1990.
16(Source: P.A. 99-143, eff. 7-27-15.)
 
17    (105 ILCS 5/34-18.30)
18    Sec. 34-18.30. Dependents of military personnel; no
19tuition charge. If, at the time of enrollment, a dependent of
20United States military personnel is housed in temporary housing
21located outside of the school district, but will be living
22within the district within 60 days after the time of initial
23enrollment, the dependent must be allowed to enroll, subject to
24the requirements of this Section, and must not be charged
25tuition. Any United States military personnel attempting to

 

 

10000SB0001ham002- 470 -LRB100 06371 MLM 27378 a

1enroll a dependent under this Section shall provide proof that
2the dependent will be living within the district within 60 days
3after the time of initial enrollment. Proof of residency may
4include, but is not limited to, postmarked mail addressed to
5the military personnel and sent to an address located within
6the district, a lease agreement for occupancy of a residence
7located within the district, or proof of ownership of a
8residence located within the district. Non-resident dependents
9of United States military personnel attending school on a
10tuition-free basis may be counted for the purposes of
11determining the apportionment of State aid provided under
12Section 18-8.05 or 18-8.15 of this Code.
13(Source: P.A. 95-331, eff. 8-21-07.)
 
14    (105 ILCS 5/34-43.1)  (from Ch. 122, par. 34-43.1)
15    Sec. 34-43.1. (A) Limitation of noninstructional costs. It
16is the purpose of this Section to establish for the Board of
17Education and the general superintendent of schools
18requirements and standards which maximize the proportion of
19school district resources in direct support of educational,
20program, and building maintenance and safety services for the
21pupils of the district, and which correspondingly minimize the
22amount and proportion of such resources associated with
23centralized administration, administrative support services,
24and other noninstructional services.
25    For the 1989-90 school year and for all subsequent school

 

 

10000SB0001ham002- 471 -LRB100 06371 MLM 27378 a

1years, the Board of Education shall undertake budgetary and
2expenditure control actions which limit the administrative
3expenditures of the Board of Education to levels, as provided
4for in this Section, which represent an average of the
5administrative expenses of all school districts in this State
6not subject to Article 34.
7    (B) Certification of expenses by the State Superintendent
8of Education. The State Superintendent of Education shall
9annually certify, on or before May 1, to the Board of Education
10and the School Finance Authority, for the applicable school
11year, the following information:
12        (1) the annual expenditures of all school districts of
13    the State not subject to Article 34 properly attributable
14    to expenditure functions defined by the rules and
15    regulations of the State Board of Education as: 2210
16    (Improvement of Instructional Services); 2300 (Support
17    Services - General Administration) excluding, however,
18    2320 (Executive Administrative Services); 2490 (Other
19    Support Services - School Administration); 2500 (Support
20    Services - Business); 2600 (Support Services - Central);
21        (2) the total annual expenditures of all school
22    districts not subject to Article 34 attributable to the
23    Education Fund, the Operations, Building and Maintenance
24    Fund, the Transportation Fund and the Illinois Municipal
25    Retirement Fund of the several districts, as defined by the
26    rules and regulations of the State Board of Education; and

 

 

10000SB0001ham002- 472 -LRB100 06371 MLM 27378 a

1        (3) a ratio, to be called the statewide average of
2    administrative expenditures, derived by dividing the
3    expenditures certified pursuant to paragraph (B)(1) by the
4    expenditures certified pursuant to paragraph (B)(2).
5    For purposes of the annual certification of expenditures
6and ratios required by this Section, the "applicable year" of
7certification shall initially be the 1986-87 school year and,
8in sequent years, each succeeding school year.
9    The State Superintendent of Education shall consult with
10the Board of Education to ascertain whether particular
11expenditure items allocable to the administrative functions
12enumerated in paragraph (B)(1) are appropriately or
13necessarily higher in the applicable school district than in
14the rest of the State due to noncomparable factors. The State
15Superintendent shall also review the relevant cost proportions
16in other large urban school districts. The State Superintendent
17shall also review the expenditure categories in paragraph
18(B)(1) to ascertain whether they contain school-level
19expenses. If he or she finds that adjustments to the formula
20are appropriate or necessary to establish a more fair and
21comparable standard for administrative cost for the Board of
22Education or to exclude school-level expenses, the State
23Superintendent shall recommend to the School Finance Authority
24rules and regulations adjusting particular subcategories in
25this subsection (B) or adjusting certain costs in determining
26the budget and expenditure items properly attributable to the

 

 

10000SB0001ham002- 473 -LRB100 06371 MLM 27378 a

1functions or otherwise adjust the formula.
2    (C) Administrative expenditure limitations. The annual
3budget of the Board of Education, as adopted and implemented,
4and the related annual expenditures for the school year, shall
5reflect a limitation on administrative outlays as required by
6the following provisions, taking into account any adjustments
7established by the State Superintendent of Education: (1) the
8budget and expenditures of the Board of Education for the
91989-90 school year shall reflect a ratio of administrative
10expenditures to total expenditures equal to or less than the
11statewide average of administrative expenditures for the
121986-87 school year as certified by the State Superintendent of
13Education pursuant to paragraph (B)(3); (2) for the 1990-91
14school year and for all subsequent school years, the budget and
15expenditures of the Board of Education shall reflect a ratio of
16administrative expenditures to total expenditures equal to or
17less than the statewide average of administrative expenditures
18certified by the State Superintendent of Education for the
19applicable year pursuant to paragraph (B)(3); (3) if for any
20school year the budget of the Board of Education reflects a
21ratio of administrative expenditures to total expenditures
22which exceeds the applicable statewide average, the Board of
23Education shall reduce expenditure items allocable to the
24administrative functions enumerated in paragraph (B)(1) such
25that the Board of Education's ratio of administrative
26expenditures to total expenditures is equal to or less than the

 

 

10000SB0001ham002- 474 -LRB100 06371 MLM 27378 a

1applicable statewide average ratio.
2    For purposes of this Section, the ratio of administrative
3expenditures to the total expenditures of the Board of
4Education, as applied to the budget of the Board of Education,
5shall mean: the budgeted expenditure items of the Board of
6Education properly attributable to the expenditure functions
7identified in paragraph (B)(1) divided by the total budgeted
8expenditures of the Board of Education properly attributable to
9the Board of Education funds corresponding to those funds
10identified in paragraph (B)(2), exclusive of any monies
11budgeted for payment to the Public School Teachers' Pension and
12Retirement System, attributable to payments due from the
13General Funds of the State of Illinois.
14     The annual expenditure of the Board of Education for 2320
15(Executive Administrative Services) for the 1989-90 school
16year shall be no greater than the 2320 expenditure for the
171988-89 school year. The annual expenditure of the Board of
18Education for 2320 for the 1990-91 school year and each
19subsequent school year shall be no greater than the 2320
20expenditure for the immediately preceding school year or the
211988-89 school year, whichever is less. This annual expenditure
22limitation may be adjusted in each year in an amount not to
23exceed any change effective during the applicable school year
24in salary to be paid under the collective bargaining agreement
25with instructional personnel to which the Board is a party and
26in benefit costs either required by law or such collective

 

 

10000SB0001ham002- 475 -LRB100 06371 MLM 27378 a

1bargaining agreement.
2    (D) Cost control measures. In undertaking actions to
3control or reduce expenditure items necessitated by the
4administrative expenditure limitations of this Section, the
5Board of Education shall give priority consideration to
6reductions or cost controls with the least effect upon direct
7services to students or instructional services for pupils, and
8upon the safety and well-being of pupils, and, as applicable,
9with the particular costs or functions to which the Board of
10Education is higher than the statewide average.
11    For purposes of assuring that the cost control priorities
12of this subsection (D) are met, the State Superintendent of
13Education shall, with the assistance of the Board of Education,
14review the cost allocation practices of the Board of Education,
15and the State Superintendent of Education shall thereafter
16recommend to the School Finance Authority rules and regulations
17which define administrative areas which most impact upon the
18direct and instructional needs of students and upon the safety
19and well-being of the pupils of the district. No position
20closed shall be reopened using State or federal categorical
21funds.
22    (E) Report of Audited Information. For the 1988-89 school
23year and for all subsequent school years, the Board of
24Education shall file with the State Board of Education the
25Annual Financial Report and its audit, as required by the rules
26of the State Board of Education. Such reports shall be filed no

 

 

10000SB0001ham002- 476 -LRB100 06371 MLM 27378 a

1later than February 15 following the end of the school year of
2the Board of Education, beginning with the report to be filed
3no later than February 15, 1990 for the 1988-89 school year.
4    As part of the required Annual Financial Report, the Board
5of Education shall provide a detailed accounting of the central
6level, district, bureau and department costs and personnel
7included within expenditure functions included in paragraph
8(B)(1). The nature and detail of the reporting required for
9these functions shall be prescribed by the State Board of
10Education in rules and regulations. A copy of this detailed
11accounting shall also be provided annually to the School
12Finance Authority and the public. This report shall contain a
13reconciliation to the board of education's adopted budget for
14that fiscal year, specifically delineating administrative
15functions.
16    If the information required under this Section is not
17provided by the Board of Education in a timely manner, or is
18initially or subsequently determined by the State
19Superintendent of Education to be incomplete or inaccurate, the
20State Superintendent shall, in writing, notify the Board of
21Education of reporting deficiencies. The Board of Education
22shall, within 60 days of such notice, address the reporting
23deficiencies identified. If the State Superintendent of
24Education does not receive satisfactory response to these
25reporting deficiencies within 60 days, the next payment of
26general State aid or evidence-based funding due the Board of

 

 

10000SB0001ham002- 477 -LRB100 06371 MLM 27378 a

1Education under Section 18-8 or Section 18-8.15, as applicable,
2and all subsequent payments, shall be withheld by the State
3Superintendent of Education until the enumerated deficiencies
4have been addressed.
5    Utilizing the Annual Financial Report, the State
6Superintendent of Education shall certify on or before May 1 to
7the School Finance Authority the Board of Education's ratio of
8administrative expenditures to total expenditures for the
91988-89 school year and for each succeeding school year. Such
10certification shall indicate the extent to which the
11administrative expenditure ratio of the Board of Education
12conformed to the limitations required in subsection (C) of this
13Section, taking into account any adjustments of the limitations
14which may have been recommended by the State Superintendent of
15Education to the School Finance Authority. In deriving the
16administrative expenditure ratio of the Chicago Board of
17Education, the State Superintendent of Education shall utilize
18the definition of this ratio prescribed in subsection (C) of
19this Section, except that the actual expenditures of the Board
20of Education shall be substituted for budgeted expenditure
21items.
22    (F) Approval and adjustments to administrative expenditure
23limitations. The School Finance Authority organized under
24Article 34A shall monitor the Board of Education's adherence to
25the requirements of this Section. As part of its responsibility
26the School Finance Authority shall determine whether the Board

 

 

10000SB0001ham002- 478 -LRB100 06371 MLM 27378 a

1of Education's budget for the next school year, and the
2expenditures for a prior school year, comply with the
3limitation of administrative expenditures required by this
4Section. The Board of Education and the State Board of
5Education shall provide such information as is required by the
6School Finance Authority in order for the Authority to
7determine compliance with the provisions of this Section. If
8the Authority determines that the budget proposed by the Board
9of Education does not meet the cost control requirements of
10this Section, the Board of Education shall undertake budgetary
11reductions, consistent with the requirements of this Section,
12to bring the proposed budget into compliance with such cost
13control limitations.
14    If, in formulating cost control and cost reduction
15alternatives, the Board of Education believes that meeting the
16cost control requirements of this Section related to the budget
17for the ensuing year would impair the education, safety, or
18well-being of the pupils of the school district, the Board of
19Education may request that the School Finance Authority make
20adjustments to the limitations required by this Section. The
21Board of Education shall specify the amount, nature, and
22reasons for the relief required and shall also identify cost
23reductions which can be made in expenditure functions not
24enumerated in paragraph (B)(1), which would serve the purposes
25of this Section.
26    The School Finance Authority shall consult with the State

 

 

10000SB0001ham002- 479 -LRB100 06371 MLM 27378 a

1Superintendent of Education concerning the reasonableness from
2an educational administration perspective of the adjustments
3sought by the Board of Education. The School Finance Authority
4shall provide an opportunity for the public to comment upon the
5reasonableness of the Board's request. If, after such
6consultation, the School Finance Authority determines that all
7or a portion of the adjustments sought by the Board of
8Education are reasonably appropriate or necessary, the
9Authority may grant such relief from the provisions of this
10Section which the Authority deems appropriate. Adjustments so
11granted apply only to the specific school year for which the
12request was made.
13    In the event that the School Finance Authority determines
14that the Board of Education has failed to achieve the required
15administrative expenditure limitations for a prior school
16year, or if the Authority determines that the Board of
17Education has not met the requirements of subsection (F), the
18Authority shall make recommendations to the Board of Education
19concerning appropriate corrective actions. If the Board of
20Education fails to provide adequate assurance to the Authority
21that appropriate corrective actions have been or will be taken,
22the Authority may, within 60 days thereafter, require the board
23to adjust its current budget to correct for the prior year's
24shortage or may recommend to the members of the General
25Assembly and the Governor such sanctions or remedial actions as
26will serve to deter any further such failures on the part of

 

 

10000SB0001ham002- 480 -LRB100 06371 MLM 27378 a

1the Board of Education.
2    To assist the Authority in its monitoring
3responsibilities, the Board of Education shall provide such
4reports and information as are from time to time required by
5the Authority.
6    (G) Independent reviews of administrative expenditures.
7The School Finance Authority may direct independent reviews of
8the administrative and administrative support expenditures and
9services and other non-instructional expenditure functions of
10the Board of Education. The Board of Education shall afford
11full cooperation to the School Finance Authority in such review
12activity. The purpose of such reviews shall be to verify
13specific targets for improved operating efficiencies of the
14Board of Education, to identify other areas of potential
15efficiencies, and to assure full and proper compliance by the
16Board of Education with all requirements of this Section.
17    In the conduct of reviews under this subsection, the
18Authority may request the assistance and consultation of the
19State Superintendent of Education with regard to questions of
20efficiency and effectiveness in educational administration.
21    (H) Reports to Governor and General Assembly. On or before
22May 1, 1991 and no less frequently than yearly thereafter, the
23School Finance Authority shall provide to the Governor, the
24State Board of Education, and the members of the General
25Assembly an annual report, as outlined in Section 34A-606,
26which includes the following information: (1) documenting the

 

 

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1compliance or non-compliance of the Board of Education with the
2requirements of this Section; (2) summarizing the costs,
3findings, and recommendations of any reviews directed by the
4School Finance Authority, and the response to such
5recommendations made by the Board of Education; and (3)
6recommending sanctions or legislation necessary to fulfill the
7intent of this Section.
8(Source: P.A. 86-124; 86-1477.)
 
9    Section 50. The Educational Opportunity for Military
10Children Act is amended by changing Section 25 as follows:
 
11    (105 ILCS 70/25)
12    Sec. 25. Tuition for children of active duty military
13personnel who are transfer students. If a student who is a
14child of active duty military personnel is (i) placed with a
15non-custodial parent and (ii) as a result of placement, must
16attend a non-resident school district, then the student must
17not be charged the tuition of the school that the student
18attends as a result of placement with the non-custodial parent
19and the student must be counted in the calculation of average
20daily attendance under Section 18-8.05 or 18-8.15 of the School
21Code.
22(Source: P.A. 98-673, eff. 6-30-14.)
 
23    Section 95. No acceleration or delay. Where this Act makes

 

 

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1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.
 
7    Section 97. Savings clause. Any repeal or amendment made by
8this Act shall not affect or impair any of the following: suits
9pending or rights existing at the time this Act takes effect;
10any grant or conveyance made or right acquired or cause of
11action now existing under any Section, Article, or Act repealed
12or amended by this Act; the validity of any bonds or other
13obligations issued or sold and constituting valid obligations
14of the issuing authority at the time this Act takes effect; the
15validity of any contract; the validity of any tax levied under
16any law in effect prior to the effective date of this Act; or
17any offense committed, act done, penalty, punishment, or
18forfeiture incurred or any claim, right, power, or remedy
19accrued under any law in effect prior to the effective date of
20this Act.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".